CO SCI 136 Lecture Notes - Lecture 15: Ultra Vires, Force Majeure, Judicial Review
Document Summary
Apart from the decentralized enforcement by national courts, the union legal order equally envisages the centralized enforcement of european law in the european courts. Judicial competences and procedures of the european courts: articles 258-81 tfeu: enforcement actions against member states. Where a member states breaches european law, the central way to enforce the treaties is to bring that state before the ecj. The european order envisages two potential applicants for enforcement actions: the commission and another member state. (a) the procedural conditions under article 258. The commission"s practice is first to raise the matter informally with the member state. If not satisfied with the response, it commences a formal procedure. Formal proceedings begin with the letter of notice" to the member states setting out the. The ms must be given a reasonable period of time to respond. Typically, there follow discussion between the commission and the member state, with a view to negotiating a settlement.
