An in-depth analysis of Article 7 of the Treaty of the European Union and its limitations

Abstract

This paper intends to analyse the effectiveness of Article 7 of the Treaty of the European Union in achieving its primary function; that of safeguarding the Union’s core values enshrined in Article 2 of the Treaty, by determining the existence of a serious and persistent breach of such values by a Member State, or a clear risk thereof. The choice of research question was inspired by the unprecedented constitutional crisis in the domestic sphere, which sparked curiosity as to the competences of the Union in this regard. Founded upon mutual trust between Member States, the Union acknowledges that the respect for the rule of law is a pre-requisite for upholding the additional foundational values. For this reason, the principal focus of this dissertation will be to assess the adequacy of the various instruments forming part of the Union’s tool box in lieu of combatting rule of law defiance, particularly Article 7. To identify the success or otherwise of this Article, an in-depth analysis as well as its recent application against Poland and Hungary will be carried out. To arrive at such a conclusion the undeniable challenges faced by the Institutions in its triggering will be subject to scrutiny. The undeniable advantages of Article 7 manifest in its deterrent nature and the fact that it contemplates two separate mechanisms applicable to circumstances of different gravity. However, on account of its inherent drawbacks, the discussion intends to conclude whether the Union’s competence to enforce the rule of law can be effectively exercised in practice. The author aims to lay to rest the argument whether defiance by particular Member States is a consequence of reluctance on the part of the Union to address backsliding behaviour, or a direct result of the absence of a more effective Article 7 mechanism giving rise to the need to exhaust alternative avenues or devise a new procedure altogether.