HUMAN RIGHTS IN THE EUROPEAN CONSTITUTIONAL ORDER

countries are admitted to the EU, they must meet certain conditions 13 , including the adoption of many laws supporting LGBTQ+ individuals. However, once a country is admitted, the EU has less influence, and there is a chance that the country may regress, especially if societal views have not truly evolved. This evolution can be illustrated in many of the Eastern countries that accessed the EU in 2004. 14 Despite these differences being largely rooted in the different histories of Western and Eastern Europe that have significantly influenced the development of these countries in terms of tolerance, acceptance, and liberal policies, it is essential to point out that the underdevelopment of protection for LGBTQ+ individuals at the supranational level resulted in a slower erasure of this difference. Nevertheless, even if “the Othering” process was an abrupt response to the EU’s enlargement to states in Eastern Europe with homophobic policies, it definitely led to the reinforcement of the EU’s symbolic boundaries. This can be demonstrated by the open support from EU officials and institutions, e.g., the European Parliament and its resolutions, 15 which were passed as a reaction to the homophobic policies in newly admitted states. 16 The commitments that the EU has set for itself, particularly in promoting LGBTQ+ rights, are not only important for its external policies, which significantly impact the applicant states as they must adhere to the EU values to become members, but also for the internal policy-making process, which consists of various protection mechanisms. 13 When entering the EU, states must meet the so-called Copenhagen Criteria . These conditions include political stability and institutions guaranteeing democracy, the rule of law, human rights, and respect for and protection of minorities. These criteria are indeed relevant to LGBTQ+ rights, as respecting human rights and protecting minorities are essential components. Candidate countries must demonstrate progress in ensuring equality and non-discrimination, which includes the rights of LGBTQ+ individuals, as part of their political criteria before they can join the EU. For more info, see: https://eur-lex.europa. eu/EN/legal-content/glossary/accession-criteria-copenhagen-criteria.html. 14 For more info, see: GRABBE, Heather. The EU’s Transformative Power: Europeanization Through Conditionality in Central and Eastern Europe. In: Oxford University Press [online]. 2006 [cit. 2024 02-09]. Available at: https://dl1.cuni.cz/pluginfile.php/632268/mod_resource/content/0/Grabbe%20 2006%20EU%20Transformative%20Power.pdf. 15 One relevant European Parliament resolution addressing homophobic policies in newly admitted states is the resolution on the fight against homophobia in Europe, passed on 24 May 2012. This resolution condemned discriminatory practices against LGBTQ+ individuals, particularly focusing on EU member states and candidate countries with rising homophobic legislation and practices. The resolution emphasized the need for EU institutions to monitor and take action against such discrimination and called for adherence to EU values of equality and non-discrimination, particularly in light of the accession process. Available at: https://www.europarl.europa.eu/doceo/document/TA-7-2012-0222_ EN.html. 16 KRISTOFFERSSON, Mattias. LGBT Rights in the EU Accession Process . In: University Lund Publications [online]. 2013, p. 7 [cit. 2024-02-10]. Available at: https://core.ac.uk/download/pdf/289953531.pdf.

127