The Bite, the Bark, and the Howl

This chapter analyses Article 7 TEU on sanctions against Member States for certain potential and actual breaches of the values enshrined in Article 2 TEU, and the related ‘Rule of Law initiatives’. It argues that the debates over these reveal a twofold boundary issue: that of the legal delimitation of the procedures and powers under Article 7, and that of the fuzzy boundaries of the Member State political orders as distinct from the EU political order. The very identity of the foundational values of the Union and of the Member States makes it impossible to delimit the scope of EU law from that of Member State orders when it comes to guaranteeing these values. This also explains the politically highly sensitive nature of doing so. Thus, this chapter seeks to define the contours of the ensuing problems with a precise legal reconstruction of Article 7 TEU and its development.