CEU Electronic Theses and Dissertations, 2014
| Author | Mustafic, Ena |
|---|---|
| Title | European Values as Criteria for Accession to the European Union: The Effectiveness of Sanction Mechanisms on Member States and non-Member States |
| Summary | Breaching the fundamental European values stated in Article 2 TEU has become more frequent in recent years. The Union has only one mechanism to deal with Article 2 TEU breaches of Member States and that is Article 7 TEU. However, the mechanism of Article 7 TEU exists just on paper, in other words it has never been used. The aim of this paper is to compare the mechanisms available for the Union to remedy breaches of Member States and non-Member States. The effectiveness of the sanctions imposed by the Union on Member States and non-Member States will be explored through the cases of Romania, Hungary and Bosnia and Herzegovina. Each of the cases was dealt with different mechanism, the case of Romania by the CVM reports, the case of Hungary by the infringement procedure, and the case of Bosnia by issuing recommendations which were followed by sanctions of suspension of IPA funds. The effectiveness of the sanctions mechanisms is not considered to be satisfactory in any of the cases discussed. Since the Union has the mechanism to deal with the breaches of non-Member States, which is considered to be effective, except in the case of Bosnia, and only a formal mechanism to deal with breaches of Member States I will provide the proposals for better sanctioning of Article 2 TEU breaches by Member States, offered by, Scheppele, Muller and Commissioner Reding. |
| Supervisor | Petra Dóra Bárd |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2014/mustafic_ena.pdf |
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