European Union Law Week 6

Judicial Protection – Part 1: Indirect Enforcement EU Law Judicial Protection – Part 1: Indirect Enforcement

EU Law Outline: Enforcement Actions Against Member States The Article 258 Procedure Nature Operation Types of Breach by MS of EU Law State Defences (Pre-Lisbon) Article 258 Ruling and (Post-Lisbon) Article 260 TFEU

EU Law Preliminary Rulings Foundation Development of Precedent The Acte Claire Doctrine The Decision to Refer Acceptance of the Reference Decision on the Reference

Enforcement Actions Against Member States EU Law Enforcement Actions Against Member States

EU Law The Article 258 Procedure

EU Law Nature Primary objective Commission’s initiative Complaints Access to documents

EU Law Operation Pre-contentious stage Formal notification The Reasoned Opinion Referral to the Court of Justice

Types of Breach by MS of EU Law

EU Law Breach of the Obligation of Sincere Cooperation Inadequate Implementation of EU Law Breaches which interfere with EU External Relations Systemic or Persistent Breaches or General Practices Actions by Courts of a MS

EU Law State Defences

EU Law Force Majeure Lack of Intentional Wrongdoing by the State The EU Measure on which the Infringement Procedure is Based is Illegal Other Member States are also in Breach

(Pre-Lisbon) Article 258 Ruling and (Post-Lisbon) Article 260 TFEU EU Law (Pre-Lisbon) Article 258 Ruling and (Post-Lisbon) Article 260 TFEU

EU Law Article 258 Ruling – Finding a violation Article 260 TFEU Pecuniary Penalty Non obligatory Reasoned Opinion Direct Action for Pecuniary Penalty

EU Law Preliminary Rulings

EU Law Foundation

EU Law Questions that can be Referred Courts or Tribunals that can Refer Courts or Tribunals which must Refer Relationship between National Courts National Courts Raising EU Law of it own Volition

Development of Precedent EU Law Development of Precedent

EU Law National Law in Breach of EU Law and Prior ECJ Rulings Validity of EU Legislation and Prior ECJ Rulings ECJ Rulings and Legal Certainty

The Acte Claire Doctrine EU Law The Acte Claire Doctrine

EU Law The CILFIT case – ECJ, Case 283/81 Foundation of the Acte Claire Doctrine National Courts as EU Courts in their own rights Conditions of legitimacy

EU Law The Decision to Refer

EU Law Two criteria: Question before the Court Necessity for the Judgment

Acceptance of the Reference EU Law Acceptance of the Reference

EU Law Initial Approach of the ECJ Assertion of Authority Declination of Jurisdiction Information Note on Preliminary References Limits of the Power to Decline

Decision on the Reference EU Law Decision on the Reference

EU Law Interpretation v. Application Extension of ECJ’s powers