EU Law Coursework 2008 Essay Example | Topics and Well Written Essays - 2500 words

EU integrity Coursework 2008 - Essay Exampleof a Member State to fulfil its obligations under an EC Directive was brocaded in the case of Commission of the European Communities v Portugese Republic.1 The European Commission brought action against Portugal under oblige 226 for a declaration that a feature of its national legislation contravened the accusatorys of the EC Treaty and interfered with the objectives of the Treaty to appropriate free movement of goods throughout the European Union. The Court in this instance rejected all its arguments sustenance its legislation on the grounds of safety and public policy, stating that the Portugese Government was going beyond what was necessary to fulfil the objectives being pursued.2 The Court held that the Portuguese legislation was in contravention of EC Directives and ordered it to pay the be because it was the unsuccessful party in its submissions.3The Commission was able to bring against the member State of Portugal on the forc e play of Article 226. One of the problems in enforcing Community legislation, especially in environmental issues for example, has been the problems of communication and conformity by the Member States which in turn have led to an inadequate application of EC law 4. The objective of Article 226 is to address the insufficient levels of Member state transposition of Directives, because it allows the Commission to start infringement proceeding against the Member State that is not complying with a Directive. Earlier, proceedings under Article 226 appear to have been brought beforehand by the Commission on an ad hoc basis moreover since Member States lot delay the execution of an Article 226 judgment until the penalty provision under Article 228 begins to operate, this provides them with several years wherein the infringement can continue.In its response to the Commission, the UK contends that its legislative process has not yet been fully completed, which has delayed the specific leg islation, only when that the Courts will apply the