Enforcement against Member States

Question 1

TRUE or FALSE: the commission plays a role in the enforcement of EU Law

Answer 1

-TRUE
-Art. 258 TFEU
-Submits reasoned opinion–> wiat for compliance–> if no, Court

Question 2

Explain the stages of the infringement procedures by the Commission

Answer 2

1. Pre-contentious stage
   -Per. informs com. of breach
   -Com can choose 2 review or dismiss
2. Formal notice and reply
   -MS is formally notified of the alleged breach + invited 2 respond
   3.Reasoned opinion
   -if com. still believes there is breach–> issues RO
   4.CJEU
   -if MS does not resolve inssue, case reffered to the CJEU

Question 3

TRUE or FALSE: if the commission doesn’t comply with its duties when it comes to infr. of EU Law, aacu. MS is off the hook

Answer 3

-FALSE
-j because comm. failed 2 do duty doesn’t mean:
-MS doesn’t have to do theirs
(Commission v. Luxembour and Belgium)(C.3)

Question 4

TRUE or FALSE: a MS can directly initate infrig. proceedures against another MS

Answer 4

-TRUE- Art. 259 TFEU

Question 5

TRUE or FALSE: the MS can bring a complaint straight to the CJEU

Question 6

Explain what Dilenkofer concluded about enforcement against Member states

Answer 6

1. Failure to do anything to imp. directive in time–> sufficiently serious breach
   don’t matter why didn’t try

Question 7

Explain what Britis Telecommunications concluded about enforcement against member states

Answer 7

-good faith misinterpre. of EU law requirements =/ sufficiently serious breach

Question 8

TRUE or FALSE: MS cannot be help liable for mistake of courts in violation of EU Law

Answer 8

-Can, but only:
-Court of last instance
-Only in exceptional circum.

Question 9

What did the Portugese Judges Case confirm about EU Law?

Answer 9

requirement for judicial inde. under Art. 19 TEU is
-dir. enforceable

Question 10

List the procedures of centralised enforcement of EU Law

Answer 10

-Commission callout opinion—> Art. 258 TFEU
-MS snitching on other MS–> Art. 259 TFEU
-Enforcement of EU Values–> Art. 7 TFEU

Question 11

TRUE or FALSE: when the MS fails to enforce the opinion of the commission, they can tell them to pay

Answer 11

-Not commission directly
-but if bring case to court and win, lump sun
(260(2) TFEU)

Question 12

Explain the preliminary Reference Procedure: Art. 267 TFEU

Answer 12

Conditions
(1) any national court MAY put forth question
Re interpretation of treaties or interpretation / validy of union acts

Ii. Insofar question necessary to enable judgment (Disa)
Not hypothetical/ manifestly irrelevant
(2) national court of last instance MUST rule on
I. and ii. See above
Iii. exceptions for:
Acte eclaire (Da Costa)
Acte Clair (CLIFIT) → TOO DAMN OBVIOUS, no need to refer, but there’s a very high threshold !!!!!!!

NB: Possibility to refer is for every national court→ lowest court to, but Highest court HAS TO
CJEU HAS OBLIGATION TO ANSWER ADMISSIBLE QUESTIONS