On the structural and methodological issues in the field of fundamental and minority rights after the eastward enlargement

According to available data there are at least three concerns endangering maintenance or deepening of fundamental legal values of the European Union in the new member states:

a) political radicalisation activating rightist, leftist, anti-Semitic, anti-racist, nationalistic and anti-European ideas;

b) weak anti-discrimination policies despite persisting strong prejudices in the public especially against Roma and other ethnically, sexually, handicapped or socially segregated groups;

c) spreading of hate-speech and Holocaust-denial as a sign of intolerance in public life and discourses without judicial consequences.

The ethnically more heterogenic Union has to face a colourful reality instead of supposed performance of ‘accession and membership criteria’ concerning democracy, human and minority rights. A ‘Political Europe’ may be build on a ‘constitutional patriotism’ or a common European identity, respecting and systematically monitoring the situation as regards fundamental and minority rights in member states striking a balance with instruments that aim at ‘exporting human rights’. In order to avoid the emergence of further dividing lines among new and old member states, protection of human rights and minority policies requires much more preventive, non-judicial measures, such as ex-ante impact assessments in legislation, regular, improved monitoring of the implementation of fundamental rights and impact surveys on legal practices at EU and national level, in particular in the new member states

Documents:

http://www.europarl.europa.eu/meetdocs/EN

http://www.europarl.europa.eu/meetdocs/FR

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 English

On the structural and methodological issues in the field of fundamental and minority rights after the eastward enlargement

 French

Sur les questions structurelles et méthodologiques dans le domaine des droits fondamentaux et des minorités après l’élargissement vers l’Est