Beyond voting rights suspension : tailored sanctions as democracy catalyst under Article 7 TEU

Abstract

Article 7 TEU empowers the Council to suspend certain rights derived from the application of the Treaties. The suspension of voting rights in the Council is one such example. This contribution examines which other rights can be suspended. It uses sanction theories and a textual and contextual analysis of the sanction provision contained in Article 7 TEU to assess the options the Council has, and develops guidelines and suggests improvements of the institutional framework for devising sanctions. The contribution argues for targeted sanctions against individuals and entities that form the political and economic basis of regimes deviating from the fundamental liberal-democratic values. The sanction must be tailored to the causes of the deviation in such a way that they can enhance democratic pluralism.