Weblecture 9

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):