Dzehtsiarou, Kanstantsin and Coffey, Donal (2019) Suspension and expulsion of members of the Council of Europe: difficult decisions in troubled times. International and Comparative Law Quarterly, 68 (2). pp. 443-476. ISSN 0020-5893

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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.

Item Type:	Article
Additional Information:	This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited. Cite as: Dzehtsiarou, K., & Coffey, D. (2019). Suspension and expulsion of members of the Council of Europe: difficult decisions in troubled times. International and Comparative Law Quarterly, 68(2), 443-476. doi:10.1017/S0020589319000101
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;
Academic Unit:	Faculty of Social Sciences > Law
Item ID:	15628
Identification Number:	https://doi.org/10.1017/S0020589319000101
Depositing User:	Donal Coffey
Date Deposited:	07 Mar 2022 16:52
Journal or Publication Title:	International and Comparative Law Quarterly
Publisher:	Cambridge University Press
Refereed:	Yes
URI:	http://journals.cambridge.org/action/dis...
Use Licence:	This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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