Suspension
While a state can leave, there is no provision for it to be excluded. But TEU Article 7 provides for the suspension of certain rights of a member state if a member persistently breaches the EU's founding values (respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities), outlined in TEU Article 2. The European Council can vote to suspend any rights of membership, such as voting and representation as outlined above. Identifying the breach requires unanimity (excluding the state concerned), but sanctions require only a qualified majority. The state in question would still be bound by the obligations treaties and the Council acting by majority may alter or lift such sanctions. The Treaty of Nice included a preventative mechanism whereby the Council, acting by majority, may identify a potential breach and make recommendations to the state to rectify it before action is taken against it as outlined above. The closest this provision came to being used was in early 2000 due to Austria forming a government which included the far right Freedom Party. Other member states threatened to cut off diplomatic contacts in response and some feared Article 7 might be invoked.
However the treaties do not provide any mechanism to expel a member state outright. The idea appeared in the drafting of the European Constitution and the Lisbon Treaty but failed to be included. There are a number of considerations which make such a provision impractical. Firstly, a member state leaving would require amendments to the treaties, and amendments require unanimity. Unanimity would be impossible to achieve if the state did not want to leave of its own free will. Secondly it is legally complicated, particularly with all the rights and privileges being withdrawn for both sides that would not be resolved by an orderly and voluntary withdrawal. Third, the concept of expulsion goes against the spirit of the treaties. Most available sanctions are conciliatory, not punitive; they do not punish a state for failing to live up to fellow states' demands, but encourage a state to fulfill its treaty obligations - expulsion would certainly not achieve that.
Read more about this topic: Withdrawal From The European Union
Famous quotes containing the word suspension:
“That willing suspension of disbelief for the moment, which constitutes poetic faith.”
—Samuel Taylor Coleridge (1772–1834)
“If the oarsmen of a fast-moving ship suddenly cease to row, the suspension of the driving force of the oars doesn’t prevent the vessel from continuing to move on its course. And with a speech it is much the same. After he has finished reciting the document, the speaker will still be able to maintain the same tone without a break, borrowing its momentum and impulse from the passage he has just read out.”
—Marcus Tullius Cicero (106–43 B.C)
“There are two kinds of liberalism. A liberalism which is always, subterraneously authoritative and paternalistic, on the side of one’s good conscience. And then there is a liberalism which is more ethical than political; one would have to find another name for this. Something like a profound suspension of judgment.”
—Roland Barthes (1915–1980)