Home / Summaries / Fundamentals of EU law and EU integration / teu-ecj-apply

EU Basics - EU Basics: Legal foundations

4 important questions on EU Basics - EU Basics: Legal foundations

What happens with an infringement proceeding as a legal remedy (art 258 TFEU) and what would be the second step (art 260 TFEU)?

THE Commission can put a MS before the ECJ when they have a non-compliance with the Treaties at it shall give a reasoned opinion. The second step would be a penalty.

What does the preliminary reference procedure consists of and what is the task of the national court for an individual?

Individual always finds it's remedy before national courts. National courts must apply eu LAW/Supremacy (ECJ, Case Simmenthal). Must refer questions to ECJ, but national courts decides on individual

What are the three most important Copenhagen criteria when any European stay wants to apply according to art. 49 TEU and which article do they have to live up to the values?

Any European stay may apply as long as they live up to political, economic, capacity to apply acquisitions of values laid down in art. 2 TEU. No MS can be excluded however, but can be suspended (art. 7 TEU).

Explain the three steps that are laid down in art. 7 TEU to suspend or 'exclude' MS if the values of art. 2 TEU have a clear risk of serious breach.

1. Clear risk of a serious breach; 4/5 majority of the Council is needed
2. Existence of a serious breach. Unanimity by European Council
3. Suspension of Membership (voting) rights

The question on the page originate from the summary of the following study material:

Fundamentals of EU law and EU integration

View summary

A unique study and practice tool
Never study anything twice again
Get the grades you hope for
100% sure, 100% understanding

Remember faster, study better. Scientifically proven.

EU Basics - EU Basics: Legal foundations

4 important questions on EU Basics - EU Basics: Legal foundations

What happens with an infringement proceeding as a legal remedy (art 258 TFEU) and what would be the second step (art 260 TFEU)?

What does the preliminary reference procedure consists of and what is the task of the national court for an individual?

What are the three most important Copenhagen criteria when any European stay wants to apply according to art. 49 TEU and which article do they have to live up to the values?

Explain the three steps that are laid down in art. 7 TEU to suspend or 'exclude' MS if the values of art. 2 TEU have a clear risk of serious breach.

Summaries related to EU Basics - EU Basics: Legal foundations

Fundamentals of EU law and EU integration

2. Institutions

2. Free movement of goods I

4. Free movement of persons

6. Free movement of capital and payments

7. Competition law (Part 1)

5. Free movement of services

8. Competition Law II

9. State aid law

10. Public Undertakings

I. Preliminaries begrippen

Case Studies