1. European Union Law
Week 6

2. Judicial Protection – Part 1: Indirect Enforcement
EU Law
Judicial Protection – Part 1: Indirect Enforcement

3. EU Law Outline: Enforcement Actions Against Member States
The Article 258 Procedure
Nature
Operation
Types of Breach by MS of EU Law
State Defences
(Pre-Lisbon) Article 258 Ruling and (Post-Lisbon) Article 260 TFEU

4. EU Law Preliminary Rulings Foundation Development of Precedent
The Acte Claire Doctrine
The Decision to Refer
Acceptance of the Reference
Decision on the Reference

5. Enforcement Actions Against Member States
EU Law
Enforcement Actions Against Member States

6. EU Law
The Article 258 Procedure

7. EU Law Nature Primary objective Commission’s initiative Complaints
Access to documents

8. EU Law Operation Pre-contentious stage Formal notification
The Reasoned Opinion
Referral to the Court of Justice

9. Types of Breach by MS of EU Law

10. EU Law Breach of the Obligation of Sincere Cooperation
Inadequate Implementation of EU Law
Breaches which interfere with EU External Relations
Systemic or Persistent Breaches or General Practices
Actions by Courts of a MS

11. EU Law
State Defences

12. EU Law Force Majeure Lack of Intentional Wrongdoing by the State
The EU Measure on which the Infringement Procedure is Based is Illegal
Other Member States are also in Breach

13. (Pre-Lisbon) Article 258 Ruling and (Post-Lisbon) Article 260 TFEU
EU Law
(Pre-Lisbon) Article 258 Ruling and (Post-Lisbon) Article 260 TFEU

14. EU Law Article 258 Ruling – Finding a violation Article 260 TFEU
Pecuniary Penalty
Non obligatory Reasoned Opinion
Direct Action for Pecuniary Penalty

15. EU Law
Preliminary Rulings

16. EU Law
Foundation

17. EU Law Questions that can be Referred
Courts or Tribunals that can Refer
Courts or Tribunals which must Refer
Relationship between National Courts
National Courts Raising EU Law of it own Volition

18. Development of Precedent
EU Law
Development of Precedent

19. EU Law National Law in Breach of EU Law and Prior ECJ Rulings
Validity of EU Legislation and Prior ECJ Rulings
ECJ Rulings and Legal Certainty

20. The Acte Claire Doctrine
EU Law
The Acte Claire Doctrine

21. EU Law The CILFIT case – ECJ, Case 283/81
Foundation of the Acte Claire Doctrine
National Courts as EU Courts in their own rights
Conditions of legitimacy

22. EU Law
The Decision to Refer

23. EU Law Two criteria: Question before the Court
Necessity for the Judgment

24. Acceptance of the Reference
EU Law
Acceptance of the Reference

25. EU Law Initial Approach of the ECJ Assertion of Authority
Declination of Jurisdiction
Information Note on Preliminary References
Limits of the Power to Decline

26. Decision on the Reference
EU Law
Decision on the Reference

27. EU Law
Interpretation v. Application
Extension of ECJ’s powers