Article 7 procedures

How does article 7 work?

Article 7 TEU is there to be used as a last resort to safeguard the EU's founding values.

It allows EU membership rights to be suspended, including voting rights in the Council of the EU and the European Council, if a country seriously and persistently breaches the principles on which the EU is founded. Those values are outlined in article 2 TEU. They include:

• respect for human dignity
• freedom
• democracy
• equality
• the rule of law
• respect for human rights, including the rights of persons belonging to minorities

Even if a member state is subject to a procedure under Article 7, its membership obligations remain binding.

When can article 7 be triggered?

Article 7 includes two procedures for protecting EU values.

Preventive measures (article 7(1))

Article 7(1) can be triggered if there is a clear risk of a serious breach of EU values. This starts off a dialogue between the EU institutions and the member state to address concerns before the matter is escalated.

The procedure begins with a proposal made by one third of EU member states, by the European Parliament or by the European Commission. The Council then obtains the European Parliament's consent. If four fifths of the Council's members vote in favour, the Council may then determine that there is a clear risk of a serious breach of the fundamental principles by a member state and make appropriate recommendations.

Sanctions (article 7(2))

If a member state is found to be in serious and persistent violation of EU values, article 7(2) allows for stronger action, including sanctions. This can involve suspending a member state’s voting rights in the Council, which can significantly impact its influence within the EU.

The sanctions stage is when the European Council becomes involved. The procedure starts with a proposal made by one third of EU member states or by the Commission. The European Council then obtains the European Parliament’s consent. Provided the European Council’s members agree unanimously, the European Council may then determine that a member state is seriously and persistently breaching the values of the EU.

If that  happens, the Council can decide to suspend some of the rights that derive from application of the treaties to the member state in question, including its voting rights. That decision is taken by a qualified majority.

Article 7 – the story so far

Article 7 has evolved since its creation to address various crises, ensuring its continued relevance, proper application, and flexibility in response to changing circumstances.