13Infringement Procedure in EU Law

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Questions and Answers

What is the primary role of the Commission in dispute resolution between Member States?

To act as a mediator between Member States

To impose penalties on Member States for violations

To take the lead in litigation without direct involvement of Member States (correct)

To represent individual Member States in court

Which of the following can individuals do regarding breaches of obligations under EU law?

Initiate lawsuits against Member States

File complaints to both the Commission and Member States (correct)

Directly bring their case to the CJEU

Claim damages from the Member State in the CJEU

What constitutes an actionable violation under Article 258 TFEU?

Acts that have significant negative consequences

Only intentional actions by the Member State

Only failures to comply with regulations and directives

Any act or conduct of a State irrespective of intent (correct)

What is the main goal of the infringement procedure under Article 258 TFEU?

To enforce compliance with EU law by resolving violations Signup and view all the answers

Which scenario is an example of passive conduct that can lead to an infringement?

Failing to transpose a directive into domestic law Signup and view all the answers

What aspect of the infringement does the Commission not need to demonstrate?

The absence of any harm resulting from it Signup and view all the answers

What is the informal pre-infringement procedure known as?

EU PILOT Signup and view all the answers

What is the primary purpose of the infringement procedure?

To verify the compatibility of acts with EU law Signup and view all the answers

What must happen before a formal infringement procedure starts?

The Member State must provide satisfactory explanations Signup and view all the answers

What is a common alternative mechanism for dispute settlement that cannot be used among Member States?

Imposing sanctions as countermeasures Signup and view all the answers

Which two stages comprise the infringement procedure?

Pre-litigation and litigation Signup and view all the answers

What principle underpins the pre-litigation stage of an infringement procedure?

Adversarial principle Signup and view all the answers

Infringement liability under EU law can be characterized as which of the following?

Centered on the objective manifestation of the infringement Signup and view all the answers

Who is the main actor during the pre-litigation stage of the infringement procedure?

The Commission Signup and view all the answers

Under which article is the infringement procedure regulated?

Article 258 TFEU Signup and view all the answers

Which of the following is NOT true regarding the Commission's role in infringement proceedings?

The Commission requires proof of intent to declare an infringement. Signup and view all the answers

What type of action cannot be initiated against the Commission for inaction under article 264 TFEU?

Action for failure to act Signup and view all the answers

Who can access the Commission's investigation file during the infringement process?

Individuals who have made a complaint Signup and view all the answers

What obligation do Member States have under Article 19 TFEU?

To ensure effective judicial protection of rights Signup and view all the answers

What does the Commission often monitor to detect non-compliance?

Timely compliance by States Signup and view all the answers

What is one of the exceptions to the general infringement procedure?

State aid with a special procedure Signup and view all the answers

What role does the Commission serve in relation to EU law?

Guardian of the Treaties and secondary legislation Signup and view all the answers

Which entity has the primary initiative to initiate an infringement procedure?

The Commission Signup and view all the answers

What role does the Commission play in relation to EU law compliance?

The guardian of EU law Signup and view all the answers

What is the purpose of the letter of formal notice?

To inform the Member State of the Commission's objections. Signup and view all the answers

What happens if a Member State does not respond adequately to the letter of formal notice?

The Commission sends a reasoned opinion. Signup and view all the answers

Which phase begins with the Commission submitting an application to the Court of Justice?

The litigation phase. Signup and view all the answers

What is a defining characteristic of a reasoned opinion?

It solidifies the grounds for potential litigation. Signup and view all the answers

What discretion does the Commission have concerning the litigation phase?

It can choose whether or not to initiate litigation. Signup and view all the answers

How long is the typical deadline for a Member State to respond to a letter of formal notice?

Two months. Signup and view all the answers

What does the principle of crystallization mean in the context of the reasoned opinion?

It ensures future litigation is based on the same description of infringement. Signup and view all the answers

Why can the Court not review the Commission's decision to bring action against a Member State?

The Court lacks jurisdiction over such discretionary matters. Signup and view all the answers

What is the nature of the judgment rendered by the Court in case of non-compliance?

Declaratory nature Signup and view all the answers

Which article stipulates that the Member State must take necessary measures to comply with a ruling?

Article 260.1 TFEU Signup and view all the answers

Which of the following accurately describes the initial deadline for filing an application?

The application can only be filed after the compliance deadline has expired Signup and view all the answers

What is the impact of Article 171 TFEU regarding the timing of enforcement of a judgment?

It mandates immediate and uniform application of Community law Signup and view all the answers

What describes the Commission's action after a reasoned opinion is issued?

The Commission can delay filing the appeal if compliance is expected Signup and view all the answers

What type of measures must a Member State take in response to a judgment of the Court?

Legislative measures compatible with EU law Signup and view all the answers

What does the term 'fumus boni iuris' refer to in the context of interim measures?

The existence of strong legal grounds for the case Signup and view all the answers

What is a key aspect of the competence of the Member State after a ruling is made?

The Member State must comply immediately Signup and view all the answers

What is the primary purpose of the procedures under Article 260 TFEU?

To impose sanctions and penalties on non-compliant Member States. Signup and view all the answers

What change did the Maastricht Treaty introduce regarding the second infringement procedure?

It allowed for the imposition of monetary penalties on non-compliant states. Signup and view all the answers

How does Article 260.2 TFEU differ from previous infringement procedures?

It eliminates the requirement for a reasoned opinion to be issued. Signup and view all the answers

What is the potential consequence for a Member State that fails to take necessary measures following a judgment?

The Commission may initiate a second infringement proceeding. Signup and view all the answers

What impact did the Lisbon Treaty have on the infringement procedure?

It simplified and accelerated the infringement process. Signup and view all the answers

According to Article 260.3 TFEU, what can the Court do if a Member State does not comply with a judgment?

Impose a lump sum or penalty payment. Signup and view all the answers

What does the 'or' in Article 260.2 TFEU signify regarding penalties?

Both penalty and lump sum payments can be considered together. Signup and view all the answers

What is a significant concern regarding the declaratory nature of the Court's judgments?

They may have a weak deterrent effect on Member States. Signup and view all the answers

Study Notes

Infringement Procedure (EU Law)

Regulated by Articles 258 ff. of the TFEU.
Aim is to verify Member States' compatibility with EU law, ensuring uniform application.
Divided into two stages: pre-litigation (Commission) and litigation (Court of Justice).

Notion of Infringement

Objective notion: Any act or conduct of a state that violates EU Law.
Active conduct: Adopting domestic legislation contrary to EU law.
Passive conduct: Failing to adopt measures to conform domestic law to EU law (e.g., transposing directives).
Objective liability: The infringement is judged based on its objective manifestation, not intent.
Irrelevant consequences: The Court doesn't require demonstrating negative consequences.
Irrelevance of domestic legal systems: Member States can't use domestic legal systems as an excuse for non-compliance.

Notion of Infringement (2)

Very limited defences: Force majeure is a limited defence, strictly necessary for administration.
Rules or practices of internal systems are not a justification for non-compliance.
Non-compliance cannot be justified by another Member State's non-compliance.

Notion of Infringement (3)

Unitary notion of State: The state organization, including all elements of public power is liable for conduct attributable to independent bodies (judges, agencies).
Infringement is not over: The Commission must ensure the violation ends, and the state complies.

The so-called informal pre-infringement procedure

Guardian of the treaties: The Commission monitors compliance with EU law.
EU PILOT: Structured dialogue between states and Commission before formal infringement proceedings.
Discretion: Commission can opt for informal dialogue, rather than formal infringement procedure.

Pre-litigation phase (258(1) TFEU)

Adversarial principle: The pre-litigation phase respects this principle.
Letter of formal notice: The Commission notifies the issue and arguments.
Reasoned opinion: If the state doesn't comply with the first written notification, a more detailed explanation is issued by the Commission, outlining the areas in which the state has fallen short.
Deadline for compliance: The reasoned opinion includes a deadline for correcting non-compliance.
Non-public act: The reasoned opinion is a non-public act.

Litigation phase (259 TFEU)

Eventuality: The Commission can take this action if the state does not comply with the reasoned opinion.
Discretion: The Commission isn't required to launch litigation.
Application: The Commission can bring the case to the Court of Justice immediately after the deadline for the reasoned opinion.
Interim measures: Measures can be requested to avoid further harm to the interests at stake.

Litigation phase (259 TFEU) (2)

Initial deadline: The application to the Court can be submitted after the compliance deadline.
No final deadline: There is no deadline.
Relevant moment for assessment: The deadline in the reasoned opinion.

The Court's (first) ruling: The ascertainment of the infringement

Declaratory nature: The Court's decision is declaratory, not constitutive or sanctioning.
No sanctioning nature: The court cannot impose fines.

The Court's (first) ruling: The imposition of sanctions

Failure to comply: If the state fails to comply with the court's decision, further action can be taken.
Second procedure: A second infringement procedure can be triggered.
Pecuniary penalty: The Court, on the Commission's proposal, can impose financial penalties.
Lump sum: A financial payment imposed by the Court.

The changes made by the Lisbon Treaty

Less procedural burden: Streamlined procedures.
Fast track: The Commission can go to the Court without a full reasoned opinion.
Penalties with first judgement: Penalties can be introduced at the first stage.

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Description

This quiz explores the infringement procedure under EU law, particularly Articles 258 ff. of the TFEU. It covers the objectives, stages of the process, and the notion of infringement including both active and passive conducts by Member States. Test your understanding of how these regulations ensure compatibility with EU law.