Liability of member states for the violation of fundamental values of the European Union

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Article 7 TEU safeguards the European Union against political developments in member states that threaten foundational values. Three key reasons underpin this provision. First, the EU's level of cooperation necessitates a consensus on fundamental values among member state officials involved in EU decision-making. Second, as the EU is more than just an association of states but a polity of constitutional significance, any deviation from shared values could hinder the realization of rights for individuals from other member states in cross-border activities. Third, Article 7 TEU protects citizens and legal entities in a violating state from political changes that disregard liberal values, even if such changes arise through democratic means. This concern, highlighted by the cases of Poland and Hungary, is central to the European integration project. Article 7 TEU not only permits political sanctions but also establishes a unique liability regime. However, legal scholarship has not thoroughly analyzed its components. A comprehensive examination necessitates collaboration among experts in European law, constitutional law, tort law, and comparative legal systems. The contributions presented in this book were discussed at a 2016 conference at Charles University Prague, featuring insights from various legal scholars.