Different Scopes and Implications (De Lege Lata)

Abstract

AbstractThis chapter covers the temporal, content-related, personal, and territorial scope of these values. The temporal scope (scope ratione temporis) addresses the historic development of EU values and addresses the ‘living instrument’ character of these values and of the Charter of Fundamental Rights. The content-related scope (scope ratione materiae) provides a detailed overview on the various values of human dignity, democracy, the rule of law, human rights (including those of minorities), solidarity, justice, equality, including equality between women and men, non-discrimination, freedom, pluralism, and tolerance. Within each section, the following questions will be addressed: What is the legal quality of the relevant concept: A value, a (general) principle (of EU law), an objective, and/or a fundamental right? Is the relevant concept defined, or at least to some extent determined (either in the Treaties, in EU Secondary law, or in case-law)? If not determined in law, can we find some clarification in philosophical literature? Where in EU law can we trace this concept? The personal scope (scope ratione personae), addresses the question of who is entitled and who is obliged by the various values. Finally, the territorial scope (scope ratione limitis), addresses the situation of values both inside and outside the EU27. Finally, the implications, of values in terms of the question of their justiciability and the possibility of restrictions are covered.