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Weblecture 9
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SAMENVATTING European Union Law, ALLE ARRESTEN EN LITERATUUR samengevat (Cijfer: 8)
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Weblecture 9 – Introduction to international and European Union law Legal protection in the EU:
EU courts:
1. CJEU:
Court of Justice.
General Court.
2. National courts = decentralized EU courts.
Action for infringement:
Action for infringement:
Brought against a Member State for failure to fulfil obligations under EU law.
Jurisdiction: Court of Justice (General Court plays no part in these proceedings).
1. Initiated by the Commission: article 258 TFEU:
Within the Commission’s discretionary power.
Pre-litigation stage.
1. Letter of formal notice to the Member State.
2. Member State can explain its position within a period defined.
3. Reasoned opinion of the Commission.
4. If the Member State concerned doesn’t comply within a period defined in the
reasoned opinion, Commission may go to Court.
Litigation stage: Court of Justice.
2. Initiated by a Member State: article 259 TFEU:
Pre-litigation stage:
1. MS has to inform the European Commission about its intentions.
2. Reasoned opinion of the European Commission.
3. If the European Commission doesn’t deliver a reasoned opinion within three
months, the Member State may go to Court.
Litigation stage: Member State that initiated the proceedings brings the matter before
the Court of Justice.
Litigation stage before the Court of Justice:
Pursuant to article 260 TFEU, the Court will rule whether a Member State has failed to fulfil a
Treaty obligation.
If violation is found, Member State must eliminate infringement as soon as possible.
Failure to comply with the Court’s judgment -> article 260(2) TFEU procedure for imposing a
lump sum or penalty payment:
Initiated by the Commission which also specifies the amount.
Court of Justice makes the final decision on the amount.
Action for annulment:
Brought against an EU act with the aim of having that act annulled.
Jurisdiction: Court of Justice and General Court.
Subject-matter (article 263(1) TFEU):
Legislative acts adopted under ordinary or special legislative procedure.
Acts of the Council, the Commission, the European Central Bank other than recommendations and
opinions.
Acts of the European Parliament and the European Council intended to produce legal effects vis a
vis third parties.
Acts of bodies, offices or agencies of the Union intended to produce legal effects vis a vis third
parties.
Standing:
Privileged applicants (para. 2):
European Parliament, Council, the Commission, Member States.
Privilege: they have not to prove to have an interest in bringing proceedings.
Semi-privileged applicants (para. 3):
European Central Bank, Committee of Regions, Court of Auditors.
Privilege: protecting their prerogatives.
Especially: principle of subsidiarity and CoR.
Non-privileged applicants (para. 4):
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