Non-compliance by Member States with joint EU decisions
Over the last few months, a number of Member States, fortunately a small minority, have been persistently and systematically refusing to comply with Council, Commission and European Parliament decisions regarding joint European refugee management policies.
However, under Chapter 1 of the Treaty of the European Union (TEU, 2007), the Commission and Member States, are duty-bound to comply with the humanitarian aid provisions of the UN Charter and the Geneva Convention.
Under Article 7 TEU, all Member States are required to respect common EU values of the EU, the provisions of Article 7(1) coming into play where there is ‘a clear risk of a serious breach’, and penalties being imposed under Article 7(2) in case of ‘a serious and persistent breach’ by a Member State of the values referred to in Article 2.
In view of this:
— Can the Commission say what action it intends to take in response to the persistent refusal of certain Member States to comply with joint EU decisions?
— Will it consider sanctions under Article 7(1) TEU? If so, what sanctions and if not, why not?
3 March 2016