Critically assess the enforcement actions by the Commission brought upon the French government; the relevant TFEU articles need to be considered and the effectiveness of the use of secondary sources of EU law. Decision is the most pertinent secondary source and articles 258, 288 and 260.

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EU COURSEWORK

 In order to critically assess the enforcement actions by the Commission brought upon the French government; the relevant TFEU articles need to be considered and the effectiveness of the use of secondary sources of EU law. Decision is the most pertinent secondary source and articles 258, 288 and 260. This will be examined in greater detail and supported or refuted throughout with relevant arguments.

A decision being most pertinent, under article 288 of the TFEU ‘a decision shall be binding on its entirety. A decision which specifies those to whom it is addressed shall be binding only on them.’ There this shows that any decisions the commissioner wishes to make, it is mandatory upon a member state to implement the request. Therefore as the commission had lifted the ban on importing poultry, the French government nevertheless, still continued to ban poultry importation. As there is a continuation of the breach of the law then the commission is entitled to take the relevant procedure to ensure effective remedy is available. C-387/97 is Greece failed to comply with the necessary obligations made by the commission as there was uncontrolled tipping of waste and subsequently the Commission was seeking damages. Therefore under article 260 TFEU, ‘If the Court of Justice finds that a member state has failed to fulfil an obligation under this Treaty, the State shall be required to take the necessary measures to comply with the judgement of the Court of Justice.’

It is necessary to note that it is imperative for the Commission to twice recognise a failure to implement under 258 of the TFEU before imposing a financial penalty after the reasoned opinion under article 260 of the TFEU. Also normally institutions are left at their discretion on ways they wish to rectify the problem in the modes they prefer. However a decision is normally stated on how the commission may want to rectify the issue. As under article 105(2) of the TFEU, ‘If the infringement is not brought to an end, the Commission shall record such infringement of the principles in a reasoned decision.’  

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The purpose of 258 is that under article 10 of the EC Treaty that member states have an obligatory duty to comply with EU law. And that they do not try to avoid their duties. The Commissioner is seen as the ‘Guardian of the treaties’ therefore reinforcing his role as prosecutor enabling him to keep uniformity between the member states and those defaulting, trying to resolve the issues effectively.

Consequently, if the member state still fails to comply with the decisions laid down by the Commissioner then it is for the commissioner to bring the matter before the Court ...

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