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Outline and discuss the range of avenues of legal redress, which are available to ensure that Member States carry out their obligations under EC law.
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EC Law Written Work Autumn Semester 2002 Question: 1. Outline and discuss the range of avenues of legal redress, which are available to ensure that Member States carry out their obligations under EC law. In order to answer this question it is important to look at certain aspect of the European Community law. The question relates to Member State liability and what the Commission is able do to enforce the laws when the States are in breach. The first point that we must give regard to, is how the Member State may be in breach of the law. A breach can be defined as a "failure to fulfil obligations under the Treaty". This includes actions as well as omissions on the part of states, failure to implement directives, breaches of specific Treaty provisions or of other secondary legislation, or of any rule or standard which is an effective part of Community law. Examples can...
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