Chapter

Failure to Comply with EU Law: Article 258 TFEU

Stine Andersen

in The Enforcement of EU Law

Published in print November 2012 | ISBN: 9780199645442
Published online January 2013 | e-ISBN: 9780191744686 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199645442.003.0003

Series: Oxford Studies in European Law

Failure to Comply with EU Law: Article 258 TFEU

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This chapter examines the general EU infringement procedure established under Article 258 of the Treaty on the Functioning of the European Union (TFEU) concerning ‘first order compliance’. It proceeds as follows. First, it describes the procedural stages involved and reviews relevant case law. Then it discusses questions pertaining to confidentiality and the Commission's discretion according to Article 258 TFEU. Finally, it analyzes the general EU infringement procedure in view of the international law compliance theory on managerialism. It does so in order to explain and better understand the purpose and function of the procedural stages and the role of the Commission, and to bring out the distinct features of the institutional designs and organizational rules which have made it a particularly robust enforcement mechanism.

Keywords: EU infringement procedures; TFEU; first order compliance; EU law; managerialism; European Commission; enforcement

Chapter.  21976 words. 

Subjects: EU Law

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