P5; CH3: Action for failure to act Flashcards
1
Q
What’s the Action for failure to act?
A
It covers unlawful inactions or omissions of the institutions that are bound to act pursuant to Union law.
While this obliges to act, the Action for annulment repeals an act.
2
Q
Does the Action for failure to act apply to CFSP Matters?
A
The Action for failure to act applies to all areas, including CFSP
3
Q
What’s the subject of the Action for failure to act?
A
The failure to act.
The Commission cannot be challenged since has discretionary powers.
4
Q
If inaction is ascertained, can MS fill the gap?
A
No, the gap must be resolved respecting the division of competences
