I don't think Boris delaying appointing a Commisioner in these circumstances would fall within the provisions of Article 7 as Wiki explains
Article 7 of the Treaty on European Union is a procedure in the
treaties of the
European Union (EU) to suspend certain rights from a
member state. While rights can be suspended, there is no mechanism to expel a member. The procedure is covered by
TEU Article 7. It would be enacted where the EU identifies a member persistently breaching the EU's founding values (respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities), as outlined in
TEU Article 2.
The
European Council can vote to suspend any rights of membership, such as voting and representation as outlined above. Identifying the breach requires
unanimity (excluding the state concerned), but sanctions require only a qualified majority.
[1] The state in question would still be bound by the obligations treaties, and the Council acting by majority may alter or lift such sanctions.
Background
Article 7
1. On a reasoned proposal by one third of the Member States, by the European Parliament or by the European Commission, the Council, acting by a majority of four fifths of its members after obtaining the consent of the European Parliament, may determine that there is a clear risk of a serious breach by a Member State of the values referred to in Article 2. Before making such a determination, the Council shall hear the Member State in question and may address recommendations to it, acting in accordance with the same procedure.
The Council shall regularly verify that the grounds on which such a determination was made continue to apply.
2. The European Council, acting by unanimity on a proposal by one third of the Member States or by the Commission and after obtaining the consent of the European Parliament, may determine the existence of a serious and persistent breach by a Member State of the values referred to in Article 2, after inviting the Member State in question to submit its observations.
3. Where a determination under paragraph 2 has been made, the Council, acting by a qualified majority, may decide to suspend certain of the rights deriving from the application of the Treaties to the Member State in question, including the voting rights of the representative of the government of that Member State in the Council. In doing so, the Council shall take into account the possible consequences of such a suspension on the rights and obligations of natural and legal persons.
The obligations of the Member State in question under this Treaty shall in any case continue to be binding on that State.
4. The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken under paragraph 3 in response to changes in the situation which led to their being imposed.
5. The voting arrangements applying to the European Parliament, the European Council and the Council for the purposes of this Article are laid down in Article 354 of the Treaty on the Functioning of the European Union.
–
Article 7 of the Treaty on European Union
Article 2
The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.
–
Article 2 of the Treaty on European Union
Following the fall of the
Berlin Wall the EU began to consider
enlargement to the former
Eastern Bloc states. With concerns over the EU's ability to intervene where its core principles and values were violated, there was a desire to introduce some mechanism before
enlargement to those states took place. This came to be via the
Treaty of Amsterdam which allowed the suspension of rights of a member state which breached the EU's values under Article 2.
[2]
