On Article 7 TEU: Context, History, Doctrine and Shortcomings

Abstract

This paper concentrates on a sui generis analysis of Article 7 TEU in its broader context. In its first part, it discusses the general solutions of public international law to sanction a recalcitrant member state in an international organization in order to set up a general legal context. Especially, Articles 5 and 6 of the United Nations Charter and Article 8 of the Council of Europe Statute are presented in detail, as they may be regarded as schemata for Article 7 TEU. The second part focuses on Article 7 TEU through an intensive discussion of its political and legislative history and a detailed and critical interdisciplinary analysis. As conclusion the paper submits that Article 7 TEU – although it is formulated in a precise legal way – is a fundamentally political tool; similarly as it is the case in the public international tradition. Therefore, it has to be interpreted within the general political situation and context of the European Union, a pure legal understanding is nothing more than an unfounded illusion.

Keywords: Article 7 TEU, European Union constitutionalism, EU constitututional law, EU public law, law and politics