Beyond Voting Rights Suspension Tailored Sanctions as Democracy Catalyst Under Article 7 TEU

30 Pages Posted: 17 Apr 2018 Last revised: 29 May 2019

See all articles by Tomas Dumbrovsky

Tomas Dumbrovsky

Charles University in Prague - Faculty of Law; Doha Institute for Graduate Studies - Human Rights Program

Date Written: March 1, 2018

Abstract

Article 7 TEU empowers the Council to suspend certain rights derived from the application of the Treaties. The suspension of voting rights in the Council is one such example. This contribution examines which other rights can be suspended. It uses sanction theories and a textual and contextual analysis of the sanction provision contained in Article 7 TEU to assess the options the Council has, and develops guidelines and suggests improvements of the institutional framework for devising sanctions. The contribution argues for targeted sanctions against individuals and entities that form the political and economic basis of regimes deviating from the fundamental liberal-democratic values. The sanction must be tailored to the causes of the deviation in such a way that they can enhance democratic pluralism.

Keywords: Article 7 TEU; EU values; sanctions; democracy; rule of law; Hungary; Poland

Suggested Citation

Dumbrovsky, Tomas, Beyond Voting Rights Suspension Tailored Sanctions as Democracy Catalyst Under Article 7 TEU (March 1, 2018). Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2018/12, Charles University in Prague Faculty of Law Research Paper No. 2018/I/5, Available at SSRN: https://ssrn.com/abstract=3157513 or http://dx.doi.org/10.2139/ssrn.3157513

Tomas Dumbrovsky (Contact Author)

Charles University in Prague - Faculty of Law ( email )

Nam. Curieovych 7
Praha, 11640
Czech Republic

Doha Institute for Graduate Studies - Human Rights Program ( email )

Al Tarfa Street
Doha, Zone 70
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