Enforcement Actions against the State Notes
* bind 258 TFEU
* The Commission is like the guard dog of the treaties
* If the commission proceeds with a complaint it will look to an informal resolution
* Talks to the conflicting member states acts as a mediator and tries to get the conflicting member states to talk of the town to one another.
* If informal resolution doesnt work, the commission does not have to use other measures to resolve the conflict.
* Next floor - Formal notification
* High representative would be served with a letter informing conflict being taken to the nigh stage.
* In the letter it states
* Response of *country* government
* Areas of law in question
* The grounds of complaint
* Failure to adhere within two months results in litigation before the Court of Justice
* If negotiations have been opened, the dispute moldiness be settled with a year to the exact involution of the start of negotiations.
* Next stage apt Opinion
* The amicable fairish opinion is designed for both/all conflicting states to agree
* The reason out opinion is not binding. It is not a judgement
* in that respect must be a reasonable meter enclose to implement the reasoned opinion.
* Commission v Ireland Unreasonable time frame *5 days*
* Commission v France reasonable time frame *2 weeks*
* Commission v UK Reasonable time frame *2 moths*
* Defences available under Article 258 - some states have tried to use these defences but some have succeeded
* Article 260 TFEU *Read in module convey*
* Brings about a robust sanctions regime
* In the form of lump-sums, remuneration or fines
* Attempts to make enforcement more efficient
* Next stage flash opinion
* Occurs if member states fail to comply
* Included things from the first opinion
* Demands the non gentle member...If you want to get a full essay, order it on our website: Ordercustompaper.com
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