Infringement proceedings against EU Member States

Produced in partnership with Adam Cygan of University of Leicester
Practice notes

Infringement proceedings against EU Member States

Produced in partnership with Adam Cygan of University of Leicester

Practice notes
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Under Article 17(1) of the Treaty on European Union (TEU), one of the European Commission’s core roles is to supervise Member State compliance with EU law. The general EU infringement procedure constitutes the Commission’s main tool of enforcement. It consists of two distinct procedures stipulated in Articles 258 and 260 of the Treaty on the Functioning of the European Union (TFEU), each with its own subject-matter.

The main difference is:

  1. •

    the Article 258 TFEU procedure is designed to obtain a declaration that the conduct of a Member State is in breach of EU law and that the conduct will be terminated

  2. •

    the Article 260 TFEU procedure is designed to induce a defaulting Member State to comply with a judgment establishing a breach of obligations, ie repetitive infringements, and it has a much narrower ambit than Article 258 TFEU (see P Sweden v API and Commission)

The procedural construction thus distinguishes between compliance with Treaty obligations, ‘first order compliance’, and compliance with judgments of the Treaty regime’s dispute settlement body,

Adam Cygan
Adam Cygan

Professor Adam Cygan is Professor of European Union Law at the University of Leicester. His research focuses on institutional and constitutional governance within the Internal Market with a particular emphasis upon the legislative process. Professor Cygan has published extensively on the role of national parliaments in EU decision-making and his research challenges core assumptions within EU integration concerning the constitutional principles of accountability and democracy. In particular, his research has examined the contribution made by parliamentary committees to improving accountability within EU governance. Professor Cygan also has also published extensively on governance issues surrounding the operation of the Internal Market including access to healthcare and free movement of persons. Professor Cygan has significant experience of delivering elite-level consultancy and training to a variety of target groups including members of the judiciary, civil servants, policy makers and legislators. He has worked on a diverse range of projects developing institutional capacity and instructing on best practice for civil servants and parliamentarians. This includes recent EU Commission projects in Albania and Azerbaijan as well as projects funded by the UK Foreign Office in Egypt and Libya which involved the establishment of oversight and scrutiny committees in countries seeking democratic transition. Professor Cygan has key communication, organisational and analytical skills that are required for provision of expertise and consultancy as well as extensive experience of producing training manuals and organising and delivering face to face training.

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Jurisdiction(s):
European Union

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