The Protocol Of A Continuous Concrete Action

Furthermore these democratic foundations were further “reinforced” with the conditionality’s of membership adopted at the Copenhagen Summit in June 1993, whereby democratic governance and human rights were included in its criteria for membership. Furthermore, the Maastricht Treaty in 1993 formally established a Common Foreign and Security Policy which included objectives of which included the development and consolidation of democracy. The EU as Lucarelli argues hence became a strong instrument for the promotion and development of democracy in Europe and but especially in post-communist ones. This Furthermore, the Amsterdam Treaty in 1997 reaffirmed its strong democratic position through Article 6:

In addition, this is notwithstanding the time when these procurements were made, so Community acts are better even than those national acts which were authorized later. Segment 2(1) ECA, perceives the lawful legitimacy and direct applicability of Community and now Union Treaties and Regulation officially existing and give that all such future group and now EU lawful procurements shall be perceived.2

“…judicial and legislative developments *have+ made the *infringement+ procedure [come] of age- from a rarely used, opaque and policy-driven procedure, it has now become a common, fairly transparent and highly technical procedure.” Prete & Smuldres “The coming of age of infringement proceedings” (2010) 47 CMLR 9 Has the infringement procedure finally “come of age”? Critically outline the key features of the Article 258 TFEU procedure and relevant caselaw. Article 258 TFEU (Formerly Art 226 EC) empowers the European Commission to deliver a reasoned opinion to a member state when it considers that the state has failed to fulfil an obligation under the treaties. The action seeks to “fulfil an obligation under the EC Treaty” and to “obtain a

“ the precedence of community law is confirmed by article 189 (now 288) of the treaty, whereby a regulation shall be binding and directly applicable on all member states. This provision which is subject to no reservation would be quite meaningless if states could unilaterally nullify its effects by means of a legislative measure which could prevail over community law”

Enforcing the European Union legal system is diverse and done on multiple platforms; through not only actions taken against member states for breach of their obligations, but also, for example, through the use of direct effect1. Article 267 TFEU; an organism devised to practice private enforcement of EU law before national courts, has been critical to ensure uniform interpretation and application of EU law in member states. References for preliminary rulings occur when the national courts are presented with a question of EU law due to uncertainty of the provision. The national court will therefore ‘make a reference to the Court of Justice (COJ) to obtain a preliminary ruling on any point of EU law relevant to the proceedings’2. In

3) Enchelmaier, Stefan, “Supremacy and Direct Effect of European Community Law Reconsidered, or the Use

In this section, the aim is to clarify the operationalisation of the concepts ‘prerequisites for a deliberative process’ and ‘EU integration’.

The doctrine of direct effect is the primary tool by which the Court of Justice of the European Union (CJEU) enforces European Union (EU) law within member-states. However, the power of direct effect as a tool of enforcement means that the CJEU has had to resist impulses to overextend its application. This essay will argue that rather than unnecessarily undermining the doctrine of direct effect, the CJEU has skilfully managed to create an effective enforcement regime for directives while applying consistent principles in regards to respecting the purpose and function of directives, keeping EU directives and regulations distinct, and crafting new methods of achieving the aim of directives.

In determining whether the adoption of the Directive on the basis of Article 95 EC was justified, it is first necessary to analyze Article 95 EC, as the treaty base is fundamental to the relative powers and ability of the other institutions to influence the content of European Union (EU) law. Additionally, the legal base, or the treaty base, determines the ‘players’ in the procedure and their level of participation. Article 95 EC does provide details of the procedure to be used in paragraph 1: “The European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure and after consulting the Economic and

The European economy, better known as the European Union, is certainly one of the world’s powerhouse economies, with its gross domestic product measuring at a total of 16.27 trillion in U.S. dollars in 2015 (CIA, n. pag.). This powerhouse economy still makes up about 20 percent of the world’s exports and imports, but Europe’s trading industry is not the only thing that makes the European economy special. The European Union does not include every European country, but it is made up of a great total of twenty-eight countries such as Great Britain, Italy, Romania, etc. (“The EU in brief” n. pag.). In this paper, I will be discussing the state of the European Union and its current policies. Countries outside of the European Union will also be deliberated. Finally, I will be comparing those policies to that of the United States.

In the aftermath of the 1957 Treaty , the European Economic Community (EEC) was established and customs barriers between the member states have been abolished. Member States throughout the Community, can “promote a harmonious development of economic activities, a continuous and balanced expansion, an increased stability, an accelerated raising of the standard of living and closer relations between them”. Therefore, in order for a common market to be established between Member States, the Community enacted some legislative provisions which aimed to a true harmonization of laws; incorporate different legal systems under a basic legal framework. The main issue arising is whether these legal provisions in accordance with the case law, ensured the free movement of goods within this market.

There is a mighty desire for long-lasting peace after two major wars which meant the European integration moved towards reality and is ever-increasing. This has only led to major empowerment upon its institutions, such as The Court of Justice of the European Union (CJEU). The CJEU has taken a major involvement in the development of the European Union as it attempts to shape the legal order. Under Article 267, The Court of Justice has jurisdiction to give preliminary rulings on questions of interpretation of European law which national courts have a loyal duty to follow. Even though the CJEU is considered a prominent figure in renovating the legal order, national courts have a vital role within the application of the law. The preliminary procedure between the court of Justice and national courts have often been considered as very accommodating. Nonetheless there have been many issues pointed out may contradict this for instance there have been situations where national courts have been more hesitant in referring their cases to the Court of Justice. Prime examples which are considered as the reason behind the transforming relationship between the CJEU and national courts is the formation of Acte Clair. Although the CJEU prime intention is to seek the co-operation from national courts, by shaping this cooperation it is only placing itself in a superior position. Throughout this essay there shall discussions which will attempt to conclude whether the preliminary

1. The Common Commercial Policy………………………………………………………...3 2. Instruments of the Common Commercial Policy…………………………………………5 3. The Dimensions of the Common Commercial Policy…………………………………….8 4. The European Neighborhood Policy……………………………………………………..13 5. The Union for the Mediterranean………………………………………………………..15 6. The European Union and Russia…………………………………………………………17 7. European Union’s Relations with Other Soviet Republics……………………………..19 8. The European Union and Asia…………………………………………………………..19 9. The European Union’s Relations with Australia and New Zealand……………………21 10. The European Union and USA…………………………………………………………..22 11. The European Union and Latin America………………………………………………..23

In the following essay the following issues will be discussed, the application of the principle of sincere (loyal) cooperation with regard to the Area of Freedom, Security and Justice. Next, the question of whether it is sufficient that the Member State in question adopts implementing legislation and how the CJEU has defined the boundaries of the Member States’ obligation. Finally, the application of the principle of sincere cooperation through the Pupino and Commission v Greece case will be examined.

“It needs to be noted that the circulation of policy ideas often takes place against the backdrop of a range of international and regional settlements, both formal and informal. These settlements are expressed in terms of consensus and conventions, and involve agreements and commitments that expose national policy practices to external dictates and scrutiny” (p. 86).