Article 7 TEU and the rule of law mechanism: A dissuasive weapon or a paper tiger?

Abstract

This contribution deals with the ability or not of the European Union (EU) to act in situations of serious systemic violations of the rule of law in a Member State. It does this by looking at the different available mechanisms including Article 7 in the Treaty on European Union (TEU) and the new Rule of Law Framework and excluding infringement procedures before the Court of Justice of the EU. The contribution also discusses whether as a result of a serious breach of the TEU a Member State could be expelled from the organisation. The TEU contains no provision on expulsion, but the Vienna Convention on the Law of Treaties potentially does. In conclusion, the contribution finds that neither mechanism can be likened to a weapon, nor are they probably dissuasive, but they might be persuasive thanks to a persistent and protracted dialogue. The EU has no realistic choice but to be a gentle civiliser of Member States.