Equality of the Member States Before the EU Institutions

Říha, Michal (2026) Equality of the Member States Before the EU Institutions. LAW IDENTITY AND VALUES, 6 (1). pp. 221-242. ISSN 2786-2542

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Abstract

The equality of states is an evolving concept that has changed over time. But whereas in the past states were imaginary fortresses where equality protected them from outside interference and threats, today a balance must be sought in the face of increasing interdependence and complexity. The European Union is a particular example of a complex form of integration in which equal treatment of Member States is important, even though these same states share some of their sovereignty with this supranational organisation. The relationship between the Member States and the Union, and between the states themselves, is a very complicated discipline, as it is necessary to ensure a balance between the freedom of the states and the preservation of a coherent and autonomous Union legal order. Equal treatment by the Union's institutions is crucial for maintaining trust between Member States and for the functioning of the European Union as a whole. The EU institutions have a duty to act impartially and fairly, ensuring that no state is favoured or disadvantaged because of its size, political influence or economic power. This includes equal access to decision-making, funding and the implementation of European policies. If the Union's institutions were to favour some states or neglect others, this could undermine the principles of solidarity, equality and justice that underpin the EU. Equal treatment ensures that all Member States have the same opportunities to promote their interests and participate in the shaping of European policies. This strengthens not only the stability of the Union but also its legitimacy in the eyes of its citizens.

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