Procedural Overview and Substantive Comments on Articles 226 and 228 EC

Summary:

This article takes stock of the general European Community (EC) infringement procedure established under the EC Treaty, Articles 226 concerning failure to apply and enforce Community law, and 228 concerning failure to take the necessary measures to comply with a judgement of the European Court of Justice (ECJ), namely, repetitive infringements.

The aim of the article is two-fold. First, it accounts for the procedural steps involved in the light of relevant case law and secondly, it examines the procedure against contemporary international law and international relations compliance theory.

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