Chapter 11: Article 7 TEU as 'Nuclear Option'? An Analysis of its Potential and its Shortcomings
The European Union is a community of values. Article 2 TEU contains a number of values and principles that are common to the Member States. Membership in the Union requires a minimum degree of homogeneity among the Member States regarding these values. Article 7 TEU is the constitutional basis for s...
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| Hauptverfasser: | , |
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| Format: | Online |
| Sprache: | Englisch |
| Veröffentlicht: |
Edward Elgar Publishing
2024
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| Schlagworte: | |
| Online-Zugang: | https://directory.doabooks.org/handle/20.500.12854/139167 |
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| Zusammenfassung: | The European Union is a community of values. Article 2 TEU contains a number of values and principles that are common to the Member States. Membership in the Union requires a minimum degree of homogeneity among the Member States regarding these values. Article 7 TEU is the constitutional basis for safeguarding these values and for warning and sanctioning Member States that do not comply with the Union’s value base. The provision has been characterized as a ‘nuclear option’ that is limited to very exceptional circumstances. However, the prerequisites for activating Article 7 render its mechanisms ineffective. As soon as two states collude, they can prevent one another from any form of sanctions. This is why the Union has developed other tools to ensure compliance with the Union’s values, especially the rule of law. In order to become an effective tool, Article 7 needs a reform. |
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