Special Procedures of Responsibility for Violations of EU Values According to Article 7 TFEU

Abstract

The article analyzes the concept of legal responsibility, as well as its features in international law and EU law. The author examines the mechanism for holding accountable those who violate the fundamental values of the EU, established in Article 7 TFEU. The author considers the mechanism of Article 7 of the TEU as separate, largely independent procedures. It is pointed out that Article 7, paragraph 1, is inherently preventive, while Article 7, paragraphs 2 and 3, are sanctioning in nature. The procedures enshrined in paragraphs 1 and 2 of Article 7 TFEU are analyzed. The author interprets and makes a meaningful distinction between the concepts of "clear risk of a serious breach of  values" and "serious and persistent breach of values", which serve as the basis for activating the mechanism of holding accountable for violation of values. The author separately studies the practice of holding EU member states accountable that have committed violations of fundamental values, in particular Austria, Hungary, and Poland. The author attempts to answer the question of how sufficient and effective the existing accountability system is case of violations or threats of violations of the EU’s fundamental values. The inadequacy of existing legal grounds may pose a risk not only to the future of the values themselves but also to the entire EU. The author points out the shortcomings of the current mechanism under Article 7 TFEU and formulates proposals for its improvement.

Scientific novelty is manifested in systemic analysis of the mechanism of the Article 7 and in specific proposals to replace the unanimity requirement with a qualified majority for paragraph 2 of Article 7, changes to the rules for determining a qualified majority, as well as the establishment of clear deadlines for the implementation of recommendations in accordance with paragraph 1 of Article 7 of the TEU.