EUR-Lex - 12008E258 - EN - EUR-Lex.
Direct actions in the Court of Justice of the European Union: Articles 258-260, 263, 265, 277, and 340 TFEU Chapter 5 Outline answers to essay questions Free movement of goods.
The 'rule of law crises' in Hungary and Poland have shown weaknesses in the European Union’s system of enforcing the values enshrined in Article 2 TEU after accession. Especially Article 7 TEU as well as the other enforcement procedures have proven to be incapable of forcing Member States back into compliance with the values enshrined in Article 2 TEU so far.
The procedure has provided a platform for the Court of Justice of the European Union (CJEU) to deliver seminal constitutional decisions that define the relationship between the EU and member states. On the other hand, it has been argued that the use of Article 267 has been overextended in a number of ways, for example, by pushing the boundaries of the type of bodies which can refer.
The direct enforcement action under the TFEU Treaty Arts 258 259 and Art 260.
This chapter discusses articles in the Treaty on the Functioning of the European Union (TFEU) that provide for actions that are brought directly before the Court. Under Articles 258 and 259 TFEU (ex Articles 226 and 227 EC), respectively, the European Commission and Member States may bring enforcement proceedings against a Member State in breach of Treaty obligations.
Using EUR Lex find and read Articles 4 (1) and 5 TEU Articles and Articles 3, 4, 5 and 6 TFEU. Now fill in the bubbles indicating the areas where you consider the EU has exclusive competence, those in which it shares competence concurrently with member states, and areas where the EU may only provide support to member states.
EU law application and the relationship between the Commission and complainants. Investigate the link between non-contractual liability and the Commission's discretion under Article 258 TFEU. Examine Article 258 TFEU and the introduction of EU Pilot (a confidential on-line.