Twinning Project RO2004/IB/EN-09 Implementation and enforcement of the environmental acquis at national level and coordination of the other 8 regional twinning projects Training EU accession and membership Jan Dusík Directorate General for Strategies and Legislation
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Implementation and enforcement of the environmental acquis at national level and coordination of the other 8 regional twinning projects
EU accession and membership
Directorate General for Strategies and Legislation
Ministry of Environment of the Czech Republic
Member States shall take all appropriate measures, whether general or particular, to ensure fulfilment ofthe obligations arising out of this Treaty or resulting from action taken by the institutions of theCommunity. They shall facilitate the achievement of the Community's tasks.
They shall abstain from any measure which could jeopardise the attainment of the objectives of thisTreaty.
If the Commission considers that a Member State has failed to fulfil an obligation under this Treaty, itshall deliver a reasoned opinion on the matter after giving the State concerned the opportunity tosubmit its observations.
If the State concerned does not comply with the opinion within the period laid down by theCommission, the latter may bring the matter before the Court of Justice.
1. If the Court of Justice finds that a Member State has failed to fulfil an obligation under thisTreaty, the State shall be required to take the necessary measures to comply with the judgment of theCourt of Justice.
2. If the Commission considers that the Member State concerned has not taken such measures itshall, after giving that State the opportunity to submit its observations, issue a reasoned opinionspecifying the points on which the Member State concerned has not complied with the judgment ofthe Court of Justice.
If the Member State concerned fails to take the necessary measures to comply with the Court's judgmentwithin the time limit laid down by the Commission, the latter may bring the case before the Court ofJustice. In so doing it shall specify the amount of the lump sum or penalty payment to be paid by theMember State concerned which it considers appropriate in the circumstances.
If the Court of Justice finds that the Member State concerned has not complied with its judgment it mayimpose a lump sum or penalty payment on it.
of a citizen
Close the file
- Letter of formal notice
- Reasoned opinion
Identification: YEAR/NUMBER, e.g. 1999/0534, 2004/4159
Commission’s internal procedures II.
http://ec.europa.eu/community_law/eulaw/index_en.htm basis for College decision;
Case C-278/01 basis for College decision;
Commission of the European Communities v. Kingdom of Spain
judgment of the European Court of Justice delivered on 25 November 2003Case study
Percentage of bathing waters complying with the Directive in the bathing seasonStatus of compliance with Art 226 judgment
…happy end! – linked to the annual report on compliance
The case of Spanish bathing waters was closed by the Commission on 13 December 2005
(…after 18 years of investigations…)
State of play of CZ cases – 30.6.2006
Significant cases – linked to the annual report on compliance