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



Dzehtsiarou, K ORCID: 0000-0001-9253-6109 and Coffey, Donal K
(2019) Suspension and Expulsion of the Members of the Council of Europe: Difficult Decisions in Troubled Times. International and Comparative Law Quarterly, 68 (2). 443 - 476.

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Abstract

The effectiveness and legitimacy of the Council of Europe canbe undermined by the actions of Member States which fail to complywith their international law obligations of genuine cooperation withthe organization. This articlefirst briefly examines the practice ofinternational organizations in applying sanctions such as expulsion andsuspension to their members. It then explains why it is necessary todiscuss potential sanctions that the Council can apply in the context ofcurrent controversies involving the Council and Member States. It willbe argued that the scale and intensity of challenges distinguish thecurrent state of affairs from other‘problematic’periods in the Council’shistory. It proceeds to outline the considerations thatshould be takeninto account in deciding whether a Member State should be suspendedor expelled. These considerations include the implications of sanctionson the legitimacy of the Council of Europe, the level of human rightsprotection and thefinancial stability of the organization.

Item Type: Article
Uncontrolled Keywords: public international law, human rights law, legitimacy, Council of Europe, European Court of Human Rights, expulsion, suspension, sanctions, Committee of Ministers of the Council of Europe, Parliamentary Assembly of the Council of Europe
Depositing User: Symplectic Admin
Date Deposited: 08 Feb 2019 09:07
Last Modified: 15 Oct 2021 17:39
DOI: 10.1017/S0020589319000101
Related URLs:
URI: https://livrepository.liverpool.ac.uk/id/eprint/3032424