Thread by @StevePeers

1/ Article 7 refers to the possibility of sanctions against a Member State for breaches of human rights, democracy and the rule of law. Some thoughts about its interaction with Article 50 in the case of the UK.

https://twitter.com/polnyypesets/status/1166686597762433024

2/ I discussed the possibility of Articles 7 and 50 overlapping in a blog post on Article 7 last month. (More in that series of posts soon). At this point I only "imagined" the mess created by the overlap. Guess who the last sentence refers to: eulawanalysis.blogspot.com/2019/07/should…

3/ I did flag up one political risk of using Article 7, ie could Member States feel that their sovereignty is infringed? This might also push a Member State out more quickly. (Final sentence nicked from the film "Enchanted")

4/ Another issue is timing. There's no precise time limit on Article 7 but, in the absence of a military coup, it's doubtful that the EU would act quickly (evidence: the processes re Poland and Hungary are slooow). October 31st is not far away...

Trigger warning for ⚽️phobes

5/ After a red card, the sanctions. Arguable whether they include freezing Art 50 process, as one of the "rights deriving from application of the Treaties".

But that brings us full circle: a Member State with contempt for the rule of law might just say it's leaving anyway.

6/ It would not be easy for the CJEU to resolve this issue, as its jurisdiction over sanctions decisions is limited.

7/ Overall: difficult to apply Article 7 in any case due to its high political nature, perception as being the "nuclear button". Could be exacerbated if applying it in the midst of the Article 50 process.

8/ Also the inherent contradiction in defending democracy by means of a reaction against (usually) a consequence of the democratic process (@MichaelRosenYes put it more eloquently).

9/ Finally: due to the limits on Article 7, arguments about human rights breaches by Member States are increasingly fought by "conventional" EU law means instead. But that has little relevance to a withdrawing Member State.

Conclusion: Article 7 is unlikely to sort out Brexit.