Enlarging the European Union and its Fundamental Rights Protection

Abstract

This chapter traces the fundamental rights discourse as it has developed in the European Union (EU) pre-accession context, focussing on its considerable amplification since the 'big bang' expansion of 2004. It then turns to the internal situation to substantiate the claim that the image of fundamental rights, as an element of the Union's constitutional identity, remains distorted. The chapter sheds light on the debate on ways to address the distortion and adjust internal arrangements. The fundamental rights dimension of the pre-accession strategy has developed quite strikingly since the 2004 'big bang enlargement'. The invigorated promotion of fundamental rights in relation to candidates for membership has had a boomerang effect, in that it has turned the light, again, on the EU internal fundamental rights regime, and on its limits. Political momentum is seemingly building up to ensure more consistency in EU fundamental rights protection. Keywords: big bang enlargement; EU internal fundamental rights regime; European Union (EU) fundamental rights protection; political momentum; Union's constitutional identity