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New Publication: "Vertragsverletzung" by Johannes Müller Gómez, M.A.

10.02.2022

"Vertragsverletzung" by Johannes Müller Gómez, M.A.

The European Union (EU) sees itself as a community based on the rule of law, in which EU law should apply equally in all member states and be correctly implemented. As such, it has created procedures and institutions to ensure this. This is intended to prevent or remedy infringements, i.e. violations of the obligations of the member states arising from the EU treaties. Infringements usually result from a Member State's unwillingness or inability to comply with EU law. If infringements occur, the Commission, as the "guardian of the treaties," and the Court of Justice of the European Union play a decisive role in the context of infringement proceedings and actions. However, the existing mechanisms also have shortcomings, as shown, for example, by the procedure for the protection of fundamental European values (Article 7 TEU).


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