The following Public Law guidance note Produced in partnership with Adam Cygan of University of Leicester provides comprehensive and up to date legal information covering:
STOP PRESS: On 23 June 2016, the UK held a referendum on its membership of the EU, with a majority voting in favour of the UK leaving the EU. The full impact of Brexit remains to be established but the UK will remain an EU Member State, fully subject to EU law, until the moment that it leaves. We are reviewing our content on the basis of information available and will keep it under regular review throughout the withdrawal period. In the meantime, for background reading, links to related guidance and policy documents, plus the latest analysis on the potential impact on our content, please refer to our Brexit overview, see: Brexit—overview.
Under TEU, art 17(1) one of the Commission’s core roles is to supervise member state compliance with EU law. The general EU infringement procedure constitutes the Commission’s main tool of enforcement. It consists of two distinct procedures stipulated in TFEU, art 258 and art 260 each with its own subject-matter.
The main difference is:
TFEU, art 258 procedure is designed to obtain a declaration that the conduct of a member state is in breach of EU law and that the conduct will be terminated
TFEU, art 260 procedure is designed to induce a defaulting member state to comply with a judgment establishing a breach of obligations, ie repetitive infringements, and
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