Initiating Proceedings Against the Irish Government under Article 7(1) of the Treaty on European Union

 



Introduction

Irish citizens facing severe government corruption by state employees and unable to attain justice within Ireland may seek to initiate proceedings under Article 7(1) of the Treaty on European Union (TEU) for serious breaches of EU values. This statement provides a comprehensive guide on how to pursue this course of action against the Irish government.

Legislative Background

  1. Article 7(1) TEU:

    • Provides a mechanism for the EU to determine whether there is a clear risk of a serious breach by a Member State of the values outlined in Article 2 TEU, which include respect for human dignity, freedom, democracy, equality, the rule of law, and respect for human rights.

  2. European Convention on Human Rights (ECHR):

    • Incorporated into Irish law through the European Convention on Human Rights Act 2003, ensuring the protection of fundamental rights and freedoms.

Steps to Initiate Proceedings

  1. Understand the Legal Framework:

    • Familiarize yourself with Article 7(1) TEU and the criteria for initiating proceedings. Article 7 aims to ensure that all EU Member States uphold the Union’s core values.

  2. Gather Detailed Evidence:

    • Collect comprehensive evidence of the alleged serious breach by the Irish government. This can include:
      • Official documents and reports.
      • Witness statements and affidavits.
      • Media reports and investigative journalism.
      • Any other relevant materials that substantiate the claims of government corruption and lack of justice.

  3. Organize and Document Evidence:

    • Ensure that all evidence is well-organized, clearly labeled, and accessible. This organization is crucial for presenting a compelling case.

  4. Contact Relevant Bodies:

    • European Commission:
      • The Commission can initiate the process. Submit a formal complaint to the European Commission detailing the breaches and providing your evidence.
    • European Parliament:
      • Members of the European Parliament (MEPs) can propose a resolution to initiate Article 7(1) proceedings. Contact your MEPs and present your case.
    • Member States:
      • Any EU Member State can also initiate the process. Reach out to the government of another Member State with your evidence and request that they take action.

  5. Submit Your Complaint:

    • To the European Commission:
      • Online Complaint Form: Use the official EU complaint form available on the European Commission’s website. Fill it out thoroughly, providing all relevant details and attaching your evidence.
      • Direct Communication: Write a detailed letter or email to the European Commission explaining the breaches and providing your evidence. Address it to the relevant Directorate-General.
    • To MEPs:
      • Find Contact Information: Obtain the contact details of MEPs from the European Parliament's website.
      • Prepare Your Submission: Write a concise summary of your case, highlighting key evidence and explaining why it constitutes a serious breach of EU values.
      • Send Your Submission: Email or mail your summary and evidence to MEPs, requesting their support in initiating Article 7(1) proceedings.
    • To Other Member States:
      • Identify Supportive States: Research which Member States might be sympathetic to your cause.
      • Prepare a Formal Request: Draft a formal request letter, including a summary of your evidence and reasons for initiating Article 7(1) proceedings.
      • Send Your Request: Mail or email your request to the relevant government departments or officials in those Member States.

  6. Follow-Up and Advocacy:

    • Monitor Progress: Regularly check the status of your complaint or request. Follow up with the European Commission, MEPs, or Member States if necessary.
    • Legal Advice: Seek advice from a lawyer specializing in EU law and human rights to help navigate the process and ensure your submission is robust.

  7. Potential Outcomes:

    • Formal Proceedings: If the European Commission or the European Parliament finds sufficient grounds, they can recommend initiating formal proceedings under Article 7(1) TEU.
    • Council Decision: The Council of the European Union will decide, by a four-fifths majority, whether there is a clear risk of a serious breach. This decision requires the consent of the European Parliament.
    • Public Awareness: Ensure that your case receives public attention to apply pressure on the relevant bodies to act.

Initiating proceedings under Article 7(1) TEU against the Irish government is a complex and serious process that requires thorough preparation, detailed evidence, and persistence. By following these steps, Irish citizens can present a compelling case to the European institutions and potentially trigger action against the Irish government for serious breaches of EU values. This process underscores the importance of upholding the rule of law and protecting fundamental rights within the EU.


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