The values required to join the European Union – an attempt to explain what democracy and the rule of law are by legal means
Zusammenfassung
Art. 49 TEU and Art. 2 TEU lay down the conditions for accession to the European Union,
but they contain very vague and historicaly loaded legal terms. Therefore, candidate states
often have problems determining what to focus on when fullfilling the accession criteria. The
aim of this paper is to identify the EU-specific understanding of democracy and the rule of
law in order to provide guidance for understanding the criteria. As a result of this paper, two
lists have emerged that contain the elements of democracy and the rule of law in the sense of
Art. 49 TEU read with Art. 2 TEU. Democracy includes, inter alia, the sovereignty of the
people, free and fair elections, transparency and the protection of minorities. Further, the rule
of law comprises, inter alia, a basic level of justice, legal certainty, a functioning justice
system, and fight against corruption.