POLI 451 Lecture Notes - Lecture 13: European Central Bank, Preliminary Ruling, Supremacy Clause
11 Mar 2014
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Document Summary
Battle between intentions of decision-makers (member states) and policy discretion of courts (principle-agent interactions) 8 advocate-generals to deliver independent opinion prior to judges" decisions. Judges are appointed for 6 year terms; partial replacement every 3 years. Decisions by majority, but no dissenting opinions are recorded (independence of judges) The council of europe also has a court that deals with hr. When member states fail to comply with eu law. Eu directives have to be transposed into national law and it is the responsibility of the state to make sure people comply to them. Commission sends member state a letter of formal notice - 2 month deadline to respond. Unsatisfactory response means the c will issue reasoned opinion - another 2 month deadline. Unsatisfactory response 2 means the c will take the case to the ecj. If infringement is confirmed by ecj, member state must comply. Failure to comply: a new action to ecj can lead to financial sanctions.
