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EU law - direct action - Coggle Diagram
EU law - direct action
Article 4(3)/TEU
Pursuant to the principle of sincere cooperation, the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties
The Member States shall take any appropriate measure, general or particular, to ensure fulfilment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union
The Member States shall facilitate the achievement of the Union's tasks and refrain from any measure which could jeopardise the attainment of the Union's objectives
member states
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all organs of the administration, including decentralised authorities such as municiplities
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”Organisations of bodies which were subject to the authority or control of the State or had special powers beyond those which result from the normal rules applicable to relations between individuals” (para 18)
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Foster test should not be applied restrictively - not meeting all three criteria does not preclude an entity from being an 'emanation of the state'
who enforces
Article 17/TEU
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shall promote the general interest of the Union and take appropriate initiatives to that end. It shall ensure the application of the Treaties, and of measures adopted by the institutions pursuant to them. It shall oversee the application of Union law under the control of the Court of Justice of the European Union
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types of breach
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failure of Member States to implement directives by their deadline and/or failure to implement correctly
by a member state
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commission MAY deliver a 'reasoned opinion' within three months, after permitting the parties an oppurtunity to submit their arguments
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