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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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The Bite, the Bark, and the Howl

The Bite, the Bark, and the Howl

Article 7 TEU and the Rule of Law Initiatives

(p.128) 8 The Bite, the Bark, and the Howl
The Enforcement of EU Law and Values

Leonard Besselink

Oxford University Press

This chapter analyses Article 7 TEU on sanctions against Member States for certain potential and actual breaches of the values enshrined in Article 2 TEU, and the related ‘Rule of Law initiatives’. It argues that the debates over these reveal a twofold boundary issue: that of the legal delimitation of the procedures and powers under Article 7, and that of the fuzzy boundaries of the Member State political orders as distinct from the EU political order. The very identity of the foundational values of the Union and of the Member States makes it impossible to delimit the scope of EU law from that of Member State orders when it comes to guaranteeing these values. This also explains the politically highly sensitive nature of doing so. Thus, this chapter seeks to define the contours of the ensuing problems with a precise legal reconstruction of Article 7 TEU and its development.

Keywords:   Article 7 TEU, TEU, Rule of Law initiatives, delimitation, Member State political orders, EU political order

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