The values required to join the European Union – an attempt to explain what democracy and the rule of law are by legal means

Abstract

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.