Liability of Member States for the Violation of Fundamental Values of the European Union

Prof. Dr. Armin Hatje; Prof. Dr. Lubos Tichý

doi:10.5771/9783845293721

Summary

Article 7 TEU protects the European Union against political developments in one or more member states that undermines values on which the common association is based. We identify three particular reasons for such a provision. First, the level of cooperation achieved within the European Union requires consensus on fundamental values among those public officials of the member states who participate in EU decision making. Second, since the European Union is not merely an association of states, but a polity of constitutional quality, diversion from the common values would undermine the realisation of rights of private persons of other member states in their cross-border activities. Finally, Article 7 TEU protects citizens and resident legal persons of the violating state against political changes that do not respect liberal values, even if achieved through a democratic process. The last issue, which, as the Polish and Hungarian cases have revealed, has been the most controversial, forms in fact the very core of the European integration project.Article 7 TEU does not only allow for political sanction, but creates a special liability regime. Legal scholarship, however, has not yet undertaken a serious analysis of its individual components. A comprehensive analysis requires bringing together legal experts on European law, constitutional law, law of tort/delict, and experts that can bring a comparative perspective on solutions in other jurisdictions. The contributions to this book have been discussed during a conference at the Charles University Prague in 2016.With contributions byEwa Baginska | Sylwia Majkowska-Szulz | Gavin Barret | Tomás Dumbrovsky | Andreas Haratsch | Aalt Willem Heringa | Ulrich Magnus | Matthias Niedobitek | Michael Potacs | Laurent Sermet | Lubos Tichy | Mirosław Wyrzykowski | Jiri Zemanek

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Bibliographic data

Copyright year: 2018
ISBN-Print: 978-3-8487-5176-1
ISBN-Online: 978-3-8452-9372-1
Publisher: Nomos, Baden-Baden
Series: Sonderheft Europarecht
Language: German
Pages: 242
Product type: Edited Book

Titelei/InhaltsverzeichnisPages 1 - 6 Download chapter (PDF)
1. Principles and values in the European Union No access Pages 7 - 22 Rudolf Streinz
2. Reflections on What the Rule of Law Means and its Significance at EU Level No access Pages 23 - 38 Gavin Barrett
3. From the uncertain to the implicit (passing by the problematic). Reflections on the reference to the rule of law and on its protection in the Treaty on European Union No access Pages 39 - 58 Emmanuel Sur
4. Fundamental rights, EU membership and Art. 7 TEU No access Pages 59 - 72 Aalt Willem Heringa
5. Democracy – A Value common to the Member States of the European Union No access Pages 73 - 84 Andreas Haratsch
1. The nature and requirements for liability of a Member State under Article 7 TEU No access Pages 85 - 108 Luboš Tichý
2. Comparative study on enforcing common values against subnational units, member states in federations and other international organizations. De societatis et de civitatis No access Pages 109 - 124 Laurent Sermet
3. Causation as a requirement for the Member State liability under Art. 7 TEU in conjunction with Art. 2 TEU No access Pages 125 - 144 Ewa Bagińska, Sylwia Majkowska-Szulc
4. Wrongfulness and Fault as Requirements of the „European Delict“ under Art. 7 TEU? No access Pages 145 - 158 Ulrich Magnus
5. Balancing Values and Interests in the Art. 7 TEU Procedure No access Pages 159 - 168 Michael Potacs
6. Rule of Law: European Commission v. Poland No access Pages 169 - 200 Mirosław Wyrzykowski
1. Beyond Voting Rights Suspension. Tailored Sanctions as Democracy Catalyst under Article 7 TEU No access Pages 201 - 228 Tomas Dumbrovsky
2. Constitutional remedies of persons facing consequences of the Council decision on suspension of certain Member State´s rights No access Pages 229 - 232 Jiří Zemánek
3. Right and duty to pursue the “wrongdoer” and a possible abuse of Art 7 TEU No access Pages 233 - 242 Matthias Niedobitek