CEU Electronic Theses and Dissertations, 2013
| Author | Szczodrowska, Anna |
|---|---|
| Title | IN SEARCH OF THRESHOLDS FOR ACTIVATING ARTICLE 7 OF THE LISBON TREATY. THE CASES OF AUSTRIA AND HUNGARY. |
| Summary | In the present thesis I aim to approach the question of thresholds for activating article 7 of the Lisbon Treaty. Article 7 provides a prevention and sanction mechanism. This article can be triggered in two circumstances: a clear risk of the serious breach or an existence of the serious and persistent breach of the common values against the EU Member States in question. In order to examine thresholds I will compile two cases. First, I want to look at the thresholds on which 14 Member States decided to take measures against Austria, after the extreme right party led by Jörg Haider entered the government. Secondly, I will examine the post-Austrian case which regard constitutional changes in Hungary that raise concerns in the international arena and especially caused unrest in the European Union. The analysis of the two cases in the light of the European Union law leads to the conclusion that thresholds on which the decision depends are subjected to the current political atmosphere among Member States. Moreover the Member States are not willing to trigger the prevention and sanction mechanism being afraid that once it may be used against them, Surprisingly The European Council as a guard of the common values is also very reluctant to start proceeding. Since the time of the Austrian case when the drastic measures were applied, one can observe a very careful approach of the European Union in using article 7. Therefore I will provide recommendations which could help to improve effectiveness of article 7 or form a totally new body guarding values enshrined in article 2. |
| Supervisor | Marie-Pierre F. Granger |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2013/szczodrowska_anna.pdf |
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