Article 7 TEU is a nuclear bomb — with all its consequences?

Abstract

The present piece of writing analyses whether the “nuclear bomb” metaphor can be applied to Article 7 TEU. The theoretical framework applied belongs to the field of law and economics of criminal law. It will be presented a possible typology of international organisations which might explain the different measure of influence of different international bodies on the national legal orders. Besides the importance of reputation the study states that solely the mere sanctioning power of an international organ is insufficient in achieving significant results, however, if the sanctioning power goes together with a high probability of the application of the sanctions, the bigger consideration will be provided to the opinions or standards of the respective body. This hypothesis will be presented through the Fundamental Law of Hungary and its fifth amendment.