Promoting better implementation, application and enforcement of EU law: a view from outside of the textbook
8 important questions on Promoting better implementation, application and enforcement of EU law: a view from outside of the textbook
Minister for Justice and Equality v Commissioner of An Garda Síochána EU:C:2018:979 (primacy of EU law)
case c-378/17
what does this case tells us. Powers of the irish workplace commission entrusted with ensuring compliance. principle of primacy of eu law requires not only the courts but all the bodies of ms to give full effect to eu rules
very similar to simmen. there is directive on discrimination, one of the requirements was crating a body to enforce it. court gave clear statement that primacy applies to all bpodies also courts.
Kern uit von colson
Moreover it must also have a real deterrent effect … (para. 23)
What can the commission do as guardian of the treaty?
art.260(2): commission can ask for payment
art.260 (3) specify the amount of the lump sum or penalty payment to be paid by the Member State concerned…
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What is the aim of the infringement procedure accrding to
European Commission, Enforcing EU law for a Europe that delivers, COM(2022) 518 final of 13.10.2022
What role does the eu Ombudsman play in bringing an infringement procedure before the court?
Power to receive complaints from any citizen of the Union or any natural or legal person residing or having its registered office in a Member State concerning instances of maladministration in the activities of the Union institutions, bodies, offices or agencies See: link1
.Case C-378/17 Minister for Justice and Equality v Commissioner of An Garda Síochána
the principle of primacy of EU law requires not only the courts but all the bodies of the Member States to give full effect to EU rules (para. 39);
…bodies called upon, within the exercise of their respective powers, to apply EU law are obliged to adopt all the measures necessary to ensure that EU law is fully effective, disapplying if need be any national provisions or national case-law that are contrary to EU law. (para. 50
What does solvit does? How do you file a complain? And what do they promote?
- Complaint submitted online via solvit.eu
A network of SOLVIT Centres in national administrations, which helps businesses & individuals solve problems caused by incorrect application of single market law by an authority in another country: - using “administrative pressure”
SOLVIT Centres promote compliance at national level and report recurring or structural problems to the European Commission
How does the commission promote eu law on national lvl
- Provision of practical guidance on applying specific EU rules;
- Funding for capacity-building: – technical and financial support for Member States’ implementation efforts with structural reforms;
- Cooperation in committees, networks and expert groups;
- IT tools to facilitate administrative cooperation between Member States (e.g. Internal Market Information System);
- Working via national courts and making submissions in preliminary rulings;
- European judicial training strategy.
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