HUMAN RIGHTS IN THE EUROPEAN CONSTITUTIONAL ORDER

ECtHR, which deals directly with individual claims, the CJEU’s role is primarily in interpreting EU law through national court referrals. Monitoring Procedure Lastly, among juridical tools, it is essential to include the so-called Monitoring Procedure, primarily enshrined primarily in Article 7 of TEU. 60 This article allows the EU to intervene when a Member State is found to be violating core principles such as the rule of law, democracy, and respect for human rights. The Article 7 procedure can ultimately lead to sanctions, including the suspension of a Member State’s voting rights within the EU Council. Notably, this mechanism has been invoked in response to anti-LGBTQ+ legislation under Article 7 TEU. 61 In this context, peer reviews refer to evaluations carried out by other Member States or institutions, assessing compliance with EU standards and norms. While peer reviews are often informal and derive from soft law instruments – such as recommendations rather than binding rules – they are used to promote adherence to EU values and the exchange of best practices. Though the TFEU does not explicitly mention peer reviews, the legal basis for mechanisms like the Open Method of Coordination – which relies on voluntary cooperation and peer evaluation – can be found in Articles 153, 165, and 168 of the TFEU, particularly in areas related to employment, education, and public health. 62 From the standpoint of safeguarding the values outlined in Article 2 TEU, including human dignity, equality, and respect for human rights, the peer review mechanism can be employed to assess Member States’ adherence to these principles. 63 However, while this instrument holds great potential, its main weakness lies in its lack of enforceability since it results in non-binding recommendations, and review by the CJEU itself is therefore not possible. 64 Furthermore, the peer review procedures usually have the nature of being slow-moving, more often criticized for weakening 60 European Union. Treaty on European Union. Official Journal of the European Union [online]. 2012, C 326, pp. 13–46 [cit. 2024-02-18]. Available at: https://eur-lex.europa.eu/legal-content/EN/ TXT/?uri=CELEX:12012M/TXT. 61 Article 7 TEU mechanism was invoked against Poland in response to various rule-of-law issues, including anti-LGBTQ+ legislation. In 2017, the European Commission triggered this process due to concerns about judicial independence, but also in response to rising hostility towards LGBTQ+ rights in Poland. This includes the establishment of so-called “LGBT-free zones” by some local governments, which prompted significant international criticism. For more info, see: European Parliament. 2021. Declaration of the EU as an LGBTIQ Freedom Zone . Official Journal of the European Union [online]. C 474, pp. 142-145 [cit. 2024-08-03]. Available at: https://eur-lex.europa.eu/legal-content/EN/ TXT/?uri=OJ:C:2021:474:FULL. 62 European Union. Treaty on the Functioning of the European Union. Official Journal of the European Union [online]. 2012, C 326, pp. 47-390 [cit. 2024-02-18]. Available at: https://eur-lex.europa.eu/ legal-content/EN/TXT/?uri=CELEX:12012E/TXT. 63 SZCZERBA, Aleksandra, and ROMITO, Angela Maria. Global Public Goods and Sustainable Development in the Practice of International Organizations [online]. 2023, p. 114 [cit. 2024-02-20]. Available at: https://brill.com/display/book/9789004687264/BP000014.xml. 64 Ibid.

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