Remedies for Infringement of EU Law by States (Presentation Slides)
University of Konstanz International Seminar ’Private law modernization in the context of national legal system’, Tartu, 8-13 June 2010
40 Pages Posted: 17 Jun 2019
Date Written: June 12, 2010
Abstract
The presentation explained responsibility of the EU Member States for infringement of EU law. In the first part was asked what constitutes an infringement of EU law and explained were the categories of infringement. Mostly, transposition of directives and in the framework of it failure by Member States to notify measures transposing a directive were discussed. Thereafter was discussed the question of attributability of infringements to Member States. In the framework of this question was explained the concept of Member State as understood by the CJEU, most specifically, the concept of Member State in the context of the vertical direct effect of directives. The second part of the presentation introduced the infringement proceedings in the European Commission and the CJEU. The third part was devoted to the recent at that time developments - the strengthened powers of the CJEU to sanction Member States, in the framework of it, the presentation discussed remedies, defences, implementation, and the duty to apply EU law in national courts.
Keywords: Infringement by State of EU Law, Infringement Proceedings in the Commission and CJEU, Strengthened Powers to Sanction Member State, Remedies
JEL Classification: K
Suggested Citation: Suggested Citation