Suspension and Expulsion of Members of the Council of Europe: Difficult Decisions in Troubled Times

Abstract

The effectiveness and legitimacy of the Council of Europe can be undermined by the actions of Member States which fail to comply with their international law obligations of genuine cooperation with the organization. This article first briefly examines the practice of international organizations in applying sanctions such as expulsion and suspension to their members. It then explains why it is necessary to discuss potential sanctions that the Council can apply in the context of current controversies involving the Council and Member States. It will be argued that the scale and intensity of challenges distinguish the current state of affairs from other ‘problematic’ periods in the Council's history. It proceeds to outline the considerations that should be taken into account in deciding whether a Member State should be suspended or expelled. These considerations include the implications of sanctions on the legitimacy of the Council of Europe, the level of human rights protection and the financial stability of the organization.

How to Enforce the Fundamental Values of the European Union?

“…43 Article 3 reads: 'Every member of the Council of Europe must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms, and collaborate sincerely and effectively in the realisation of the aim of the Council as specified in Chapter I.' 44 See about this subject matter also Dzehtsiarou and Coffey (2019). 45 See for the procedural arrangements of treaty amendment: Article 48 TEU.…”

(Un)Democratic change and use of social sanctions for domestic politics: Council of Europe monitoring in Turkey

“…Yet it is argued that Russia’s decision to freeze its considerable budget payments to the CoE in 2017 was the ‘main reason’ for the sanctions on Russia being lifted (Tenzer, 2018). This clearly indicates that the capacity of the CoE to reverse illiberal practices in its member states through suspension is highly limited (Dzehtsiarou and Coffey, 2019; San, 1996).…”