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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Главные авторы: Böttner, Robert, Schröder, Nic
Формат: Online
Язык:английский
Опубликовано: Edward Elgar Publishing 2024
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Online-ссылка:https://directory.doabooks.org/handle/20.500.12854/139167
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author Böttner, Robert
Schröder, Nic
author_browse Böttner, Robert
Schröder, Nic
author_facet Böttner, Robert
Schröder, Nic
author_sort Böttner, Robert
collection Directory of Open Access Books
description 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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spelling doab-20.500.12854ir-1391672024-07-02T09:10:49Z Chapter 11: Article 7 TEU as 'Nuclear Option'? An Analysis of its Potential and its Shortcomings Böttner, Robert Schröder, Nic Article 7 procedure; Sanctions; Expulsion; Homogeneity; Values LND 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. Published 2024-07-02T09:10:46Z 2024-07-02T09:10:46Z 2024-06-07 chapter 9781035330690 https://directory.doabooks.org/handle/20.500.12854/139167 eng image/jpeg Attribution-NonCommercial-NoDerivatives 4.0 International https://www.e-elgar.com/shop/gbp/the-rule-of-law-under-threat-9781035330683.html https://www.elgaronline.com/edcollchap-oa/book/9781035330690/book-part-9781035330690-16.xml Edward Elgar Publishing Edward Elgar Publishing 10.4337/9781035330690.00016 10.4337/9781035330690.00016 01ceac28-75b4-492a-8eec-f9b98bc6b28c https://creativecommons.org/licenses/by-nc-nd/4.0/ 9781035330690 Edward Elgar Publishing Cheltenham, UK open access
spellingShingle Article 7 procedure; Sanctions; Expulsion; Homogeneity; Values
LND
Böttner, Robert
Schröder, Nic
Chapter 11: Article 7 TEU as 'Nuclear Option'? An Analysis of its Potential and its Shortcomings
title Chapter 11: Article 7 TEU as 'Nuclear Option'? An Analysis of its Potential and its Shortcomings
title_full Chapter 11: Article 7 TEU as 'Nuclear Option'? An Analysis of its Potential and its Shortcomings
title_fullStr Chapter 11: Article 7 TEU as 'Nuclear Option'? An Analysis of its Potential and its Shortcomings
title_full_unstemmed Chapter 11: Article 7 TEU as 'Nuclear Option'? An Analysis of its Potential and its Shortcomings
title_short Chapter 11: Article 7 TEU as 'Nuclear Option'? An Analysis of its Potential and its Shortcomings
title_sort chapter 11 article 7 teu as nuclear option an analysis of its potential and its shortcomings
topic Article 7 procedure; Sanctions; Expulsion; Homogeneity; Values
LND
topic_facet Article 7 procedure; Sanctions; Expulsion; Homogeneity; Values
LND
url https://directory.doabooks.org/handle/20.500.12854/139167
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