Suspension of certain
rights resulting from Union membership
1. On the reasoned initiative of one third of the Member States or the reasoned initiative
of the European Parliament or on a proposal from the Commission, the Council may
adopt a European decision determining that there is a clear risk of a serious breach by a
Member State of the values referred to in Article
I-2.
The Council shall act by a majority
of four fifths of its members after obtaining the consent of the European Parliament.
Before making such a determination, the Council shall hear the Member State in
question and, acting in accordance with the same procedure, may address
recommendations to that State.
The Council shall regularly verify that the grounds on which such a determination
was
made continue to apply.
2. The European Council, on the initiative of one third of the Member States or on
a
proposal from the Commission, may adopt a European decision determining the
existence of a serious and persistent breach by a Member State of the values mentioned
in Article I-2, after inviting the Member State in question to submit its observations. The
European Council shall act unanimously after obtaining the consent of the European
Parliament.
3. Where a determination under paragraph 2 has been made, the Council, acting by a
qualified majority, may adopt a European decision suspending certain of the rights
deriving from the application of the Constitution to the Member State in question,
including the voting rights of the member of the Council representing that State. The
Council shall take into account the possible consequences of such a suspension for the
rights and obligations of natural and legal persons.
In any case, that State shall continue to be bound by its obligations under the
Constitution.
4. The Council, acting by a qualified majority, may adopt a European decision varying
or
revoking measures adopted under paragraph 3 in response to changes in the situation
which led to their being imposed.
5. For the purposes of this Article, the member of the European Council or of the
Council
representing the Member State in question shall not take part in the vote and the Member
State in question shall not be counted in the calculation of the one third or four fifths of
Member States referred to in paragraphs 1 and 2. Abstentions by members present in
person or represented shall not prevent the adoption of European decisions referred to in
paragraph 2.
For the adoption of the European decisions referred to in paragraphs 3 and 4, a qualified
majority shall be defined as at least 72% of the members of the Council, representing
the participating Member States, comprising at least 65% of the population of these
States.
Where, following a decision to suspend voting rights adopted pursuant to paragraph
3,
the Council acts by a qualified majority on the basis of a provision of the Constitution,
that qualified majority shall be defined as in the second subparagraph, or, where the
Council acts on a proposal from the Commission or from the Union Minister for Foreign
Affairs, as at least 55% of the members of the Council representing the participating
Member States, comprising at least 65% of the population of these States. In the latter
case, a blocking minority must include at least the minimum number of Council
members representing more than 35% of the population of the participating Member
States, plus one member, failing which the qualified majority shall be deemed attained.
6. For the purposes of this Article, the European Parliament shall act by a two-thirds
majority of the votes cast, representing the majority of its component members.