ENG ELC 220 Lecture Notes - Lecture 15: Mox Fuel, Supreme Court Of Spain, Belgian Federal Parliament
Document Summary
Chapter 7: treaty enforcement actions against member states. Article 258 tfeu if the commission considers that a member state has failed to fulfil an obligation under the treaties, it shall deliver a reasoned opinion on the matter after giving the. State concerned the opportunity to submit its observations. If the state concerned does not comply with the opinion within the period laid down by the commission, the latter may bring the matter before the court of justice of the european union . A failure to act is most often seen in the form of a member state failing to implement. Eu legislation or failing to remove national legislation that is in conflict or inconsistent with eu legislation. Failure to do so will probably result in an infringement proceeding being commenced. Failure to remove inconsistencies constitutes a breach even if the authorities no longer apply the national legislation and apply the eu rules in preference.
