Some thoughts on the interrelation of article 7 TEU with the EU fundamental rights agency

AuthorKonstantinos Margaritis
PositionNational and Kapodistrian University of Athens, Greece
Pages143-147
SOME THOUGHTS ON THE INTERRELATION OF ARTICLE 7 TEU WITH THE EU
FUNDAMENTAL RIGHTS AGENCY
PhD. student Konstantinos MARGARITIS
1
Abstract
Much have been written, critica lly evalua ting the sanction mechanism included in a rticle 7 TEU regar ding the
sanctions to member states for serious and persistent b reach of the values of the Union. Although the institutiona l
framework is adequate a nd its use necessary, the lack of political will has led to ina ctivity of the provision. On the other
hand, the fundamental rights agen cy was established for monitoring human rights thr oughout the Union, in or der to
ensure full r espect for fundamental rights acr oss the EU. The aim of this paper is to present a n interrela tion between
the sanction mechanism of ar ticle 7 TEU with the monitoring mechanism of the agency, which will enhance the quality
of fundamental rights pr otection in EU and the member states. The paper is based on interim conclusions from the PhD
thesis at the National and Kapodistrian University of Athens, entitled “the Treaty of Lisbon and the fundamenta l rights
protection in EU”.
Keywords: ar ticle 7 TEU, sanction mechanism, fundamental righ ts agency
JEL Classification: K33
I. Introduction
Beyond dispute, fundamental rights protection in EU legal order has been a complicated
field that touches on sensitive matter of the member states’ national sovereignty. This lack of
political consensus has mainly led to the delay in establishing a catalogue of fundamental rights
protection in EU and the subsequent grant of legal status (it happened only in 2009 after the
enactment of the Lisbon Treaty).
In this institutional environment and under the pressure of demands regarding the level of
fundamental rights protection in EU, the sanction mechanism was established with the Treaty of
Amsterdam. Article 7 of the Treaty on the European Union (TEU) puts sanctions to member states
for serious and persistent breach of the values of the Union, in which fundamental rights protection
is included.
At the same time the Fundamental Rights Agency was another instrument for the
enhancement of fundamental rights protection. Its tasks are related to monitoring and providing the
EU institutions and member states with independent, evidence-based advice on fundamental rights.
In that sense the agency’s role is preventative since it provides the Union with the necessary
knowledge for taking relevant initiatives.
From the above mentioned, it is clear that in the EU institutional structure, with reference to
fundamental rights, a monitoring mechanism exists and a sanction mechanism exists for completing
the main texts where fundamental rights under protection in EU legal order may be found.2 The
question that stands is why those two mechanisms are not interrelated? The aim of this paper is to
explain the importance of such possible interrelation. As mentioned in the abstract, the paper is
based on interim conclusions from the PhD thesis of the author at the Faculty of Law of the
National and Kapodistrian University of Athens, entitled “the Treaty of Lisbon and the fundamental
rights protection in EU”.
II. Evaluation of article 7 TEU
Article 7 was first included in the Amsterdam revision of 1997. Initially, it covered the cases
of serious and persistent breach of the values refereed in article 6 TEU, which were the fundamental
1 Konstantinos Margaritis - National and Kapodistrian University of Athens, Greece, konstantinos_margaritis@yahoo.com
2 See article 6 TEU.

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