Exam 14: Enforcement of EU Law - Actions Against Member States

Does Article 258 TFEU give the Commission discretion as to whether to bring proceedings against a Member State for an alleged breach of EU law before the ECJ?

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Question 1

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What document is issued at the end of the administrative stage of proceedings under Article 258 TFEU if the Member State persists in its failure to fulfil its obligations arising out of EU law, and the Commission wishes to pursue the matter?

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Question 2

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Can the Commission request the ECJ to impose a pecuniary penalty on a Member State which is allegedly in breach of EU law in its application to the ECJ in which it asks the ECJ to declare that a Member State has failed to fulfil its obligation deriving from EU law?

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Question 3

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Which of the following defences submitted by a Member State allegedly in breach of EU law is likely to be accepted by the ECJ?

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Question 4

Which EU institution can take enforcement action against a Member State under Article 258 TFEU?

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Question 5

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Does Article 258 TFEU give the Commission discretion as to whether to bring proceedings against a Member State for an alleged breach of EU law before the ECJ?

What document is issued at the end of the administrative stage of proceedings under Article 258 TFEU if the Member State persists in its failure to fulfil its obligations arising out of EU law, and the Commission wishes to pursue the matter?

Can the Commission request the ECJ to impose a pecuniary penalty on a Member State which is allegedly in breach of EU law in its application to the ECJ in which it asks the ECJ to declare that a Member State has failed to fulfil its obligation deriving from EU law?

Which of the following defences submitted by a Member State allegedly in breach of EU law is likely to be accepted by the ECJ?

Which EU institution can take enforcement action against a Member State under Article 258 TFEU?

The History of European Integration

Membership of the EU

The Institutional Framework of the EU

Sources of EU Law

Legislative Procedures in the EU

Competences of the EU

The Common Foreign and Security Policy CFSP: A Component of EU Foreign Action

Protection of Fundamental Rights in the EU

Supremacy of EU Law

Direct Effect of EU Law

Direct Applicability of EU Law

Member State Liability for Damage Caused to Individuals by a Breach of EU Law for Which It Is Responsible

Preliminary Rulings: Article 267 TFEU

Direct Actions Against EU Institutions, Bodies, Offices or Agencies Part I Articles 263, 277 and 265 Tfeu

Direct Actions Against EU Institutions, Bodies, Offices or Agencies Part II Action for Damages: Non-Contractual Liability of the European Union Under Article 3402 TFEU

An Introduction to the Internal Market of the EU; Abolition of Customs Duties and Charges Having Equivalent Effect to Customs Duties Cees

Prohibition of Discriminatory Internal Taxation; Prohibition of Quantitative Restrictions Qrs and Measures Having Equivalent Effect on Imports and Exports Meqrs Articles 34 and 35 TFEU

Derogations From Articles 34 and 35 TFEU Listed in Article 36TFEU and Justifications Based on Mandatory Requirements

Citizenship of the EU; and Free Movement of Workers

The Right of Establishment Articles 49-55 TFEU and the Right to Supply and Receive Services Articles 56-62 TFEU; and Exceptions to the Free Movement of Persons

Introduction to EU Competition Law; and Article 101 TFEU

Article 102TFEU; Merger Control

Enforcement of Articles 101 and 102 TFEU; The Area of Freedom, Security and Justice AFSJ

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