European Union’s Value-Based Approach to Sustainability of Accession Process

(in Western Balkan)

Abstract

The Union cornerstones are respect for the rule of law and the fundamental rights on which it is founded - as stipulated in Article 2 of the Treaty on European Union. EU law is supreme to national law and has direct effect, as evidence of the significance of mutual trust among its member states and their respective legal systems. The EU promotes a broad and substantive understanding of the rule of law whereby this concept is viewed as intertwined with and mutually reinforcing of the principles of democracy and respect for human rights, all of which underpin political stability and sustained economic and social development. The EU Charter of Fundamental Rights is binding on European institutions’ internal and external policies when implementing EU law: it includes a legal obligation to ensure that all EU actions promote and respect human rights and fundamental freedoms, including external policies. Mirroring its internal policies, the EU seeks to prevent violations of human rights and related rule of law throughout the world. This paper analyses the EU’s approach to supporting rule of law reforms and human rights protection in candidate countries base on analysis of particular agreements. It first situates European fundamental values to demonstrate how values are embedded in the association agreement and then focus on the assessment of the goals which aimed to be achieved. The paper also examines EU tools applicable in concrete cases. We argue that the EU has consistently putting the rule of law and human rights at the centre of its action and contribute to more effective protection of these values in candidate countries.