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Administrative Practice as a Failure of a Member State to Fulfil its Obligations Under Community Law


Alicja Sikora


affiliation not provided to SSRN

2009

Review of European and Administrative Law, Vol. 2, No. 1, pp. 5-27, 2009

Abstract:     
This article aims at analyzing the concept of administrative practice as a subject matter of the Article 226 EC proceedings. Emphasizing the constant evolution of the notion of a ‘failure to fulfil obligations’ by a Member State and the related dynamics of the procedure established by Article 226 EC, this article examines the process of identification of administrative practice as a distinct subject matter of the infringement proceedings and seeks to set out a general framework for understanding this concept, as opposed to a ‘regulatory’ or ‘legislative’ breach. The analysis demonstrates that the infringement proceedings concerning administrative practice contain a number of particularities, which have bearing on traditional procedural concepts underlying the application of Article 226 EC.

Number of Pages in PDF File: 24

Keywords: Administrative Practice, Infringement Proceedings, EU Law

JEL Classification: K23, K33

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Date posted: February 20, 2010  

Suggested Citation

Sikora, Alicja, Administrative Practice as a Failure of a Member State to Fulfil its Obligations Under Community Law (2009). Review of European and Administrative Law, Vol. 2, No. 1, pp. 5-27, 2009. Available at SSRN: http://ssrn.com/abstract=1556262

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Alicja Sikora (Contact Author)
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