Enforcement actions in Community Law
2010
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Advisor: Prof. Dr. Işıl Özkan
Abstract (EN)
The subject of our study is ?Enforcement Actions in Community Law?. The European Communities? aim is to achieve political integration together with economic integration. To achieve political integration, Community Law should be applied correctly and uniformly. Obligations arising from the Community Treaty are brought for Member States to act appropriately under Community Law. The Commission?s function is to control whether the Member States fulfill their obligations under the Treaty or not. If Member States fail to fulfill their obligations under the Treaty, the Commission brings the action against Member States under EC Articles 226-228.Community Law is binding for Member States as the Member States have given some of their sovereignty for the benefit of the Community, and have accepted supremacy competence of the Community Law and Institutions. For this reason, the Community institutions? control is more effective and the decisions of the ECJ are binding for the Member States. Therefore, enforcement actions against Member States are more effective and the sanctions of the Court decisions are more powerful than judgements in international law. Because of the supremacy of Community law, the enforcement actions against Member States have a distinctive character in international law.In our study, enforcement actions against Member States have been explained in detail; the scope, elements and kinds of enforcement actions have also been examined. Also the decision of the Court, the quality and the consequences of not complying with the decision has been explained. Lastly, the role of individuals for enforcement action and the relationship between enforcement actions and preliminary rulings have been analyzed.Key Words: Community, Community Law, ECJ, Court, Enforcement Actions, Member States
Author
Dr. Ayça Cömert
Institution
How to Cite
Ayça Cömert (Master Thesis). Enforcement actions in Community Law, 2010, Dokuz Eylül University.
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