REGNRSG 105 Lecture Notes - Lecture 34: Legal Personality, Part Of Speech
Document Summary
Article 258 tfeu: enforcement actions by the commission. Commission has supervisory role: ensures correct implementation of eu law by ms + taking enforcement proceedings where necessary. If response of ms = not satisfactory: commission gives reasoned opinion to ms + requests ms to fulfil obligation within specific time. If ms doesn"t comply: commission goes to coj (at discretion of the commission) But there are circumstances in which the commission might choose not to proceed with an art. 258 action: where amicable settlement can be achieved, where the effects of the violation are minor, where the proceedings might make a political situation worse, where the eu provisions might be altered in the near future. When a ms takes action against another ms: art 344 tfeu: all disputes concerning the application of the treaty are determined solely by the coj. Art 260 tfeu: judicial remedies against the ms. + time limit specified by commission must"ve passed and ms didn"t comply.
