Sanctions_Article7TEU_QA
1. What is the basis for imposing sanctions under Article 7 TEU?
Answer:
Sanctions are based on the grounds outlined in Article 7 in connection with Article 2 TEU,
where the Council determines a clear risk of a serious breach of the rule of law by a Member
State, or the European Council identifies a serious and persistent breach.
2. What principles limit the discretionary powers of the Council and European Council
under Article 7 TEU?
Answer:
Discretion is limited by general EU law principles, particularly the rule of law, sincere
cooperation, mutual trust, primacy of EU law, subsidiarity, national identity respect, and legal
effectiveness.
3. What are some negative consequences of implementing Article 7.1 or 7.2 TEU?
Answer:
• "Naming and shaming" the Member State, impacting political and economic relations.
• Affecting asylum applications under Protocol No. 24 TFEU.
• Influencing the application of the European Arrest Warrant framework based on
judicial assessments.
4. What legal consequences arise under Article 7.3 TEU?
Answer:
The Council may suspend certain rights of the Member State, including voting rights in the
Council. However, it cannot suspend all rights nor expel the Member State from the Union.
5. Can the rights under secondary EU law also be suspended under Article 7.3 TEU?
Answer:
Yes, according to interpretations (e.g., T. Dumbrovsky), suspension may extend to rights
arising from secondary EU legislation authorized by the Treaties.
6. What is the scope of the CJEU's control over acts adopted under Article 7 TEU?
Answer:
The CJEU can only review procedural legality under Article 269 TFEU, not substantive
matters such as the proportionality or appropriateness of the sanctions.
7. Which acts adopted under Article 7 TEU can be reviewed by the CJEU?
Answer:
Acts such as Council recommendations, determinations of serious breaches by the Council or
European Council, decisions to suspend rights, and decisions to vary or revoke sanctions can
be reviewed — but only for procedural correctness.
8. What critical concerns arise regarding judicial review under Article 7 TEU?
Answer:
There is a conflict with the principle of effective judicial protection, as the CJEU’s review is
limited to procedural aspects, leaving material decisions beyond judicial scrutiny.
9. Can a Member State challenge a decision adopted under Article 7 TEU?
Answer:
Yes, but only the Member State concerned can challenge the decision, and only on procedural
grounds within one month of the determination.
10. Can the suspension of rights under Article 7.3 TEU include the right to bring an
action before the CJEU?
Answer:
This remains debated. Some scholars (e.g., M. Potacs) propose a broad interpretation where
such rights could theoretically be suspended, but this is not definitively settled.
