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From course:

EU Recht (Week 2)

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Question:

Define enforcement actions against MS.

Author: Bas Dubbelman



Answer:

The definition: 1. Applicants --> (Commission 258, MS 259) 2. Ultima ratio 3. First you need to pass the administrative stage - Purpose --> MS can comply & opportunity to defend itself 4. Info: - A breach committed by the state (UM, WM or RM) - MS might also be responsible for violations of union law by territorially autonomous regions - Behaviour of nationals may be attributed to MS 5. Justifications?: - No: breaches by other MS cannot justify breaches by another - No: the availability of internal problems or budgetary restraints - Yes: force majeure in an emergency situation 6. Sanctions (financial, etc?)


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