EU - problem question

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The European Union Law Assignment

17th December 2009

The problem question evidently concerns enforcement of community law, preliminary rulings and remedies.

In order to effectively approach the question I will firstly outline the steps available to the Commission to enforce EU law, namely the procedure under Art 226 EC. Secondly I will examine how successful the Commission is likely to be, with regards to the remedies that are available to them, through an analysis of the relevant case law.

Question 1

What steps can the Commission take in order to enforce EU Law? Are they likely to be successful, and if so, what remedies are available to them?

The consistent application and thereby the effectiveness of EC law cannot be assured whilst lacking efficient enforcement mechanisms. In order to ensure that both Member States and EU institutions comply with their obligations under the Treaty, there are a number of approaches the Commission can adopt. We will focus on the "indirect" actions under Art 226 (EC), which concerns infringement proceedings:1

'If the Commission considers that a Member State has failed to fulfill an obligation under the Treaty, it shall deliver