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Constitutional remedies of persons facing consequences of the Council decision on suspension of certain Member State's rights

Publication at Faculty of Law |
2018

Abstract

If the Council decides to suspend certain of the rights deriving from the application of the Treaties to a Member State, " the Council shall take into account the possible consequences of such a suspension on the rights and obligations of natural and legal persons" (Article 7 para 3 first subpara in fine TED). Several questions remain in this respect open and require examination: ■ which ., rights of a Member State " can be suspended by the Council ? ■ which " rights and obligations of natural and legal persons " can be affected by the suspension ? . what are the limits of justiciability of the Council decision? ■ how can the injuries, harms, damages or other losses occurred to persons be remedied?