This is a guest post by Tom Theuns, Assistant Professor of Political Theory and European Politics at Leiden University (tweeting @TomTheuns). It discusses his recent work on how the EU should handle member states that violate democratic values.
The democracy and rule of law crisis in the EU has now lasted over a decade. One of the problems has been that the main instrument for responding to democratic backsliding in a member state, the infamous Article 7 (A7) of the Treaty on European Union (TEU), is ineffective. Given that the two states most active in dismantling democracy in Europe—Poland and Hungary—have pledged to support one another, A7 is crippled by a unanimity requirement.
A7 is supposed to sanction violations of the fundamental values of the EU listed in Article 2 TEU. These include democracy, the rule of law and equality. The sanction in A7 is the disenfranchisement of a backslidden state in the Council of the EU. In a recent article, I argue that A7 is not only ineffective but also normatively incoherent. Instead of disenfranchisement, I think the final sanction for democratic backsliding should be expulsion from the EU.