Article 7 TEU : from 'nuclear option' to 'Sisyphean procedure'?

Abstract

In December 2017, the EU’s Art 7 TEU, often informally but mistakenly referred to as the EU’s ‘nuclear option’, was activated for the very first time by the European Commission in respect of Poland. A few months later, the same provision was activated by the European Parliament in respect of Hungary. In both instances, the Council was asked to determine, in accordance with Art 7(1) TEU, whether Polish and Hungarian authorities were at risk of breaching the EU’s foundational values. This contribution offers a critical assessment of the practical workings of the Art 7(1) procedure, which, not unlike Art 50 TEU, few thought would ever be activated. The underlying thread of this contribution is Professor Sadurski’s seminal contribution ‘Adding a Bite to a Bark’ in which he offered the first comprehensive account of the genesis and assessment of Art 7 TEU.