If the State does not conform to the recommendations referred to in paragraph 1 of art. 7, one can trigger the mechanism referred to in paragraphs 2 and 3, whose severity is reflected in the solemnity of the procedure. This further translates into the various institutions involved (European Council) and the roles they are entitled to, as well as in the voting modalities. The precondition for activating the sanction mechanism is the presence of a "serious and persistent breach" of common values. This assumption can be interpreted in light of the concept of a "serious and persistent" violation derived from public international law, as expressed in Art. 6 UN Charter or in Art. 8 of the Council of Europe's Statute. From the tenor of the wording in this passage, it is necessary that the violation has already occurred, unlike in paragraph 1. Moreover, although generally singular or only temporary violations are excluded, it is true that a series of individual acts may constitute a practice or routine that is reflected in Art. 7 TEU, because the repeated action may be synonymous to persistent action.

Article 7

Mangiameli Stelio
2013

Abstract

If the State does not conform to the recommendations referred to in paragraph 1 of art. 7, one can trigger the mechanism referred to in paragraphs 2 and 3, whose severity is reflected in the solemnity of the procedure. This further translates into the various institutions involved (European Council) and the roles they are entitled to, as well as in the voting modalities. The precondition for activating the sanction mechanism is the presence of a "serious and persistent breach" of common values. This assumption can be interpreted in light of the concept of a "serious and persistent" violation derived from public international law, as expressed in Art. 6 UN Charter or in Art. 8 of the Council of Europe's Statute. From the tenor of the wording in this passage, it is necessary that the violation has already occurred, unlike in paragraph 1. Moreover, although generally singular or only temporary violations are excluded, it is true that a series of individual acts may constitute a practice or routine that is reflected in Art. 7 TEU, because the repeated action may be synonymous to persistent action.
2013
Istituto di Studi sui Sistemi Regionali Federali e sulle Autonomie - ISSIRFA
978-3-642-31705-7
European Union; European Treaties; Treaty of Lisbon; Sanction mechanism; Serious and persistent breach of common values.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/20.500.14243/250025
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