THE ONE-STAGE INFRINGEMENT PROCEDURE (ARTICLE 260 (3) TFEU) AND THE IRRELEVANCE OF POLITICAL CRISES IN MEMBER STATES IN THE RECENT CASE LAW OF THE CJEU
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Authors
The CJEU ruling Commission v Spain of 25 February 2021 combined two different lines of CJEU case-law, culminating in severe sanctions against Spain: On the one hand, the recent judgments on the "one-stage infringement procedure" pursuant to Article 260 (3) TFEU, starting in 2019 with Commission v Belgium, was complemented. On the other hand, the established body of case-law on the irrelevance of "provisions, practices or situations prevailing in the domestic legal order of a Member State" under EU law was unsuccessfully challenged. Thus, the CJEU showed the Member States the limits of invoking national crises in their defence also in "one-stage infringement procedures".
Original language | English |
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Journal | REVISTA GENERAL DE DERECHO EUROPEO |
Issue number | 54 |
Pages (from-to) | 74-104 |
Number of pages | 31 |
ISSN | 1696-9634 |
Publication status | Published - 05.2021 |
- Article 260 (3) TFEU, failure to notify measures transposing a directive, provisions, practices or situations prevailing in its domestic legal order of a Member State, imposition of a lump sum and a penalty payment, Gurtel case, Commission v Spain C-658/19
- Law