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The Enforcement of EU Law and ValuesEnsuring Member States' Compliance$
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András Jakab and Dimitry Kochenov

Print publication date: 2017

Print ISBN-13: 9780198746560

Published to Oxford Scholarship Online: April 2017

DOI: 10.1093/acprof:oso/9780198746560.001.0001

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Securing Compliance with Democracy Requirements in Regional Organizations

Securing Compliance with Democracy Requirements in Regional Organizations

Chapter:
(p.379) 22 Securing Compliance with Democracy Requirements in Regional Organizations
Source:
The Enforcement of EU Law and Values
Author(s):

Carlos Closa

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198746560.003.0023

This chapter posits that international and regional organizations respond to the enforcement dilemma by trading off democratic conditionality versus sovereignty. They reach an equilibrium point between the two by favouring institutional designs which grant a large margin for states’ political discretion to decide whether or not breaches exist and to apply the accompanying sanctions provided. In order to discuss this thesis, this chapter first discusses the enforcement dilemma. It then presents the institutional configuration of suspension procedures because of democratic breaches and discusses its actual practice. Finally, the chapter looks at the problems generated in the confluence of institutional design and practice.

Keywords:   regional organizations, democracy, sovereignty, institutional designs, enforcement dilemma, suspension procedures, democratic breaches

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