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The Old Dog Learns New Tricks: Reinvigorating Infringement Proceedings to Enhance the Effectiveness of EU Law

Costa, M. and Peers, S. (2020). The Old Dog Learns New Tricks: Reinvigorating Infringement Proceedings to Enhance the Effectiveness of EU Law. European Law Review,

Abstract

The procedure for infringement of (what is now) EU law has been around since the foundation of the Communities. Yet it has not remained unchanged, most recently being amended by the Treaty of Lisbon. Over a decade later, and with current developments in the application of financial sanctions and in the enforcement of the rule of law in Member States, it becomes pressing to evaluate the significance of the amendments. Consequently, this paper assesses firstly whether the infringement process is now playing an increasing role in the effectiveness of EU law – not only in relation to the implementation of the amendments in the Treaty of Lisbon, but also in light of recent case law on strengthening interim measures in infringement proceedings. Secondly, the paper examines the impact of the infringement proceedings upon the enforcement of the rule of law within the Union. Finally, the paper considers whether changing the division of jurisdiction between the EU courts in the infringement proceedings would help or hinder their contribution to the effectiveness of EU law.

Publication Type: Article
Additional Information: This is a pre-copyedited, author-produced version of an article accepted for publication in European Law Review following peer review. The definitive published version Costa, M. and Peers, S. (2020). The Old Dog Learns New Tricks: Reinvigorating Infringement Proceedings to Enhance the Effectiveness of EU Law. European Law Review, is available online on Westlaw UK.
Subjects: J Political Science > JN Political institutions (Europe)
J Political Science > JN Political institutions (Europe) > JN101 Great Britain
J Political Science > JZ International relations
K Law > KD England and Wales
Departments: The City Law School > Academic Programmes
The City Law School > Institute for the Study of European Laws
Date Deposited: 16 Oct 2020 14:17
URI: https://openaccess.city.ac.uk/id/eprint/25103
[img] Text - Accepted Version
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