THE INFRINGEMENT PROCEDURE AND ITS IMPLICATIONS IN PRACTICE
THE INFRINGEMENT PROCEDURE AND ITS IMPLICATIONS IN PRACTICE

Summary/Abstract: The paper addresses the issue of the infringement procedure, i.e. the procedure initiated as a result of a violation by a member state of the European Union legislation, having as a legal basis Articles 258-260 of the Treaty on the Functioning of the European Union TFEU (former Article 226-228 of the Treaty establishing the European Community TEC). The application of these provisions is closely related to the provisions of Article 17 paragraph (1)1 of the Treaty on European Union (TEU), according to which the European Commission, in order to promote the general interest of the Union, aims to ensure the application of the Treaties by the states that have ratified them and the measures adopted by the institutions for that purpose, and also supervises the application of EU law under the control of the Court of Justice of the European Union. Through this procedure, the European Commission fulfills one of its fundamental tasks: supervising the application/implementation of European legislation.

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