Fundamental rights – Article 7 of the Treaty on the Functioning of the EU
Article 7
1. On a reasoned proposal from one third of the Member States, the European Parliament or the European Commission, the Council, acting by a four-fifths majority of its members after approval by the European Parliament, may find that there is a clear risk serious violation by a Member State of the values referred to in Article 2. Before making this determination, the Council hears the Member State in question and may address recommendations to it, ruling in accordance with the same procedure.
The Board regularly checks whether the reasons which led to such a finding remain valid.
2. The European Council, acting unanimously on a proposal from one third of the Member States or the European Commission and after approval by the European Parliament, may establish the existence of a serious and persistent violation by a Member State of the values referred to in Article 2, after having invited that Member State to submit any observations on the matter.
3. When the finding referred to in paragraph 2 has been made, the Council, acting by qualified majority, may decide to suspend certain of the rights arising from the application of the Treaties to the Member State in question, including voting rights. of the representative of the government of that Member State within the Council. In doing so, the Council takes into account the possible consequences of such a suspension on the rights and obligations of natural and legal persons.
The obligations incumbent on the Member State in question under the Treaties remain binding on that State in any event.
4. The Council, acting by qualified majority, may subsequently decide to modify the measures it has taken under paragraph 3 or to terminate them in response to changes in the situation which led it to take impose these measures.
5. The voting arrangements which, for the purposes of this Article, apply to the European Parliament, the European Council and the Council are set out in Article 354 of the Treaty on the Functioning of the European Union.
