Visa musklerna EU! - En utredning av EU:s sanktionssystem i ljuset av artikel 7 EU-fördraget

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: Fundamental values of the European Union are freedom, equality, democracy, rule of law and respect for human rights, this is enshrined in Article 2 of the Treaty on the European Union. The purpose of this paper is to present the sanction system of the European Union as regarding member countries violations of human rights. When a country is applying for a membership to the European Union, a range of different requirements are stipulated in the so-called Copenhagen criteria and the country is examined to see if they meet the subordinated entrance requirements, such as the respect for human rights. But if a situation occurs where a member country overrides these values, how should then the European Union react? Article 7 of The Treaty on the European Union, is a political control measure and can be applied "if there is a clear risk of a serious breach by a member country of the values referred to in Article 2". Article 7 of The Treaty on the European Union at present time has never been applied on a member country. The article has high majority requirements for activating, four-fifths or unanimity by the Council of the European Union, and furthermore it seems to that there is a political unwillingness of the European Union to apply this provision. Within the European Union, discussions are held about the need to reform the treaties, but then such processes may seem persistent and complicated and the fact that there are a social, economic and political crisis in some of the European Union member countries, makes a treaty reform in the current situation not the top priority. Legal as well as political proposals have been presented to either an updating of existing procedures and voices have been raised to establish new ones. Frans Timmermans, European Commission vice-president and European parliamentarian Cecilia Wikström both work closely to these issues and advocating political solutions. Timmermans believes that the European Union must become better at acting against its member countries, and rather than creating new instruments, existing ones must improve. Wikström believes that the European Union should establish an independent political body should control that member countries respect the human rights. Both agree that something must be done to safeguard the values– European Union, it is time to show your muscles!

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