Sanctioning EU Member States for Non-Enforcement of the Court of Justice Judgments and Failure to Notify Directives’ Implementation Measures Cover Image

Санкционисање држава чланица ЕУ због неизвршења пресуда суда правде и необавештавања о спровођењу директива
Sanctioning EU Member States for Non-Enforcement of the Court of Justice Judgments and Failure to Notify Directives’ Implementation Measures

Author(s): Zoran Radivojević, Nebojša Raičević
Subject(s): International Law, International relations/trade, EU-Accession / EU-DEvelopment, EU-Legislation
Published by: Институт за политичке студије
Keywords: Article 260 TFEU; Court of Justice; Commission; noncompliance with the judgment; failure to notify directives implementation; penalty payment; lump sum

Summary/Abstract: The Lisbon Treaty sets out two procedures where the Court of Justice may impose financial sanctions on EU Member States which fail to comply with their obligations under EU law. The first procedure is laid down in Article 260(2) TFEU, concerning cases when a Member State has failed to comply with an earlier judgment of the Court. The second option is a new legal solution introduced by the Lisbon Treaty in Article 260(3), under which the Court may impose sanctions on a Member State that has failed to notify the Commission about the national measures for transposing a directive adopted under a legislative procedure. If the Court finds that the Commission’s allegations are true, it may impose penalty payment or a lump sum. Pursuant to Article 260(2), the Court is free to determine the sanction amounts, whereas the penalty payment or lump sum imposed pursuant to Article 260(3) must not exceed the amount specified by the Commission.

  • Issue Year: 2017
  • Issue No: 2
  • Page Range: 243-261
  • Page Count: 19
  • Language: Serbian