EU Law Coursework 2008

EU Law Coursework 2008. Write a 2500 word paper answering; of a Member State to fulfil its obligations under an EC Directive was raised in the case of Commission of the European Communities v Portugese Republic.1 The European Commission brought action against Portugal under Article 226 for a declaration that a feature of its national legislation contravened the objectives of the EC Treaty and interfered with the objectives of the Treaty to permit free movement of goods throughout the European Union. The Court in this instance rejected all its arguments supporting its legislation on the grounds of safety and public policy, stating that the Portugese Government was going beyond what was necessary to achieve the objectives being pursued.2 The Court held that the Portuguese legislation was in contravention of EC Directives and ordered it to pay the costs because it was the unsuccessful party in its submissions.3

The Commission was able to bring against the member State of Portugal on the strength of Article 226. One of the problems in enforcing Community legislation, especially in environmental issues for example, has been the “problems of communication and conformity” by the Member States which in turn have led to an inadequate application of EC law 4. The objective of Article 226 is to address the insufficient levels of Member state transposition of Directives, because it allows the Commission to start infringement proceedings against the Member State that is not complying with a Directive. Earlier, proceedings under Article 226 appear to have been brought forward by the Commission on an ad hoc basis. moreover since Member States can delay the implementation of an Article 226 judgment until the penalty provision under Article 228 begins to operate, this provides them with several years wherein the infringement can continue.

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