Busting the Myths Nuclear: A Commentary on Article 7 TEU

21 Pages Posted: 10 May 2017 Last revised: 21 Sep 2017

See all articles by Dimitry Kochenov

Dimitry Kochenov

University of Groningen - Faculty of Law

Date Written: May 8, 2017

Abstract

Article 7 TEU is unique in that it established the procedures for stating the threat of a breach of EU values by a Member States, the existence of such breach, as well as a possible sanctioning mechanism to bring the recalcitrant Member States back to compliance, while not being confined by the general EU competence limitations. This commentary outlines all the sub-instruments and stages of deployment of the provision in question in order to demonstrate Article 7 TEU eminent usability in the face of the claims by the Institutions to the contrary which are as baseless as they are persistent. The goal of this contribution is to explain the richness and significance of Article 7 TEU, thereby busting the unhelpful ‘nuclear’ myth about it. Such myth proclaims Article 7 TEU to be ‘unusable’ and is deployed by those in search of a valid pretext – however feeble – to exclude EU law from solving the Rule of Law crisis of the European Union. Two Member States, Hungary and Poland, are working hard, day and night, to undermine democracy, the Rule of Law and the protection of fundamental rights, i.e. the foundational values of the Union. The claims that EU law should not intervene are irresponsible and, ultimately, illegal.

Keywords: Rule of Law, EU Law, EU Values, EU Principles, Enforcement, Hungary, Poland

Suggested Citation

Kochenov, Dimitry, Busting the Myths Nuclear: A Commentary on Article 7 TEU (May 8, 2017). EUI Working Paper No. LAW 2017/10; University of Groningen Faculty of Law Research Paper 2017-08. Available at SSRN: https://ssrn.com/abstract=2965087 or http://dx.doi.org/10.2139/ssrn.2965087

Dimitry Kochenov (Contact Author)

University of Groningen - Faculty of Law ( email )

Oude Kijk in 't Jatstraat 26
Groningen, 9712 EK
Netherlands

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