What does Article 258 TFEU do?

Under Article 258 of the Treaty on the Functioning of the European Union (TFEU), the Commission may file an action to obtain from the Court of Justice of the European Union (CJEU) a judgment finding that a member state has failed to comply with EU law.

What kind of action may be brought under Article 258 TFEU?

If a MS fails to resolve the alleged breach of Union law, the EC may launch a formal infringement procedure (Art 258 of TFEU). Types of issues: • non-conformity and/or incorrect/bad application or • failure to notify national provisions transposing directives.

Which European institution can bring actions against a Member State under Article 258 TFEU?

the European Court of Justice
The order of the European Court of Justice will usually last until final judgement is given in the main action instigated under Article 258 TFEU. In recent years, the Commission has three times invoked Article 279 of the TFEU in cases handled by the Environment Directorate General.

Is the infringement procedure effective?

This article suggests that the infringement procedure under Article 258 TFEU may yield a fully complementary, yet more effective, means alongside existing measures to address not only specific and episodic violations of EU law, but also a general situation in a Member State as a systemic deficiency in the rule of law.

What does Article 258 of the Tfue mean?

A brief introduction: According to Article 258 of the Treaty on the Functioning of the European Union (TFUE): “The European Commission, acting as Guardian of the Treaties, has the power to take legal action against a Member State that is not respecting its obligations under EU law…

What are the stages of the infringement procedure?

(i) Infringement action under Article 258 of the Treaty on the Functioning of the European Union The infringements procedure comprises several stages and is set out formally in Article 258 of the Treaty on the Functioning of the European Union (TFEU).

How long does it take to get a judgement under Article 258 TFEU?

As the time between a case being lodged with the Court under Article 258 TFEU and judgement is often over 2 years, irreversible damage can be done in the interim if there is no requirement for Member States to be held back from damaging activities.

Why are infringement proceedings filed against the EU?

This report explores the potential of infringement proceedings filed against the European Union (EU) member states to ensure compliance with EU law, to uphold the values enumerated in Article 2 TEU, and in particular, to ensure that member states fully adhere to fundamental rights in the scope of application of Union law.