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

EU Law Coursework 2008 - Essay Exampleof a Member State to fulfil its obligations infra an EC Directive was raised in the case of military mission of the European Communities v Portugese Republic.1 The European bursting charge brought action against Portugal under Article 226 for a firmness of purpose that a feature of its national legislation contravened the objectives of the EC Treaty and interfered with the objectives of the Treaty to permit free movement of goods throughout the European Union. The coquet in this antecedent rejected all its arguments supporting its legislation on the grounds of safety and public policy, stating that the Portugese Government was going beyond what was necessary to achieve the objectives being pursued.2 The Court held that the Portuguese legislation was in contravention of EC Directives and ordered it to pay the costs because it was the unsuccessful party in its submissions.3The Commission was able to bring against the element State of Portuga l on the strength 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 proceedings against the Member State that is not complying with a Directive. Earlier, proceedings under Article 226 appear to have been brought forward by the Commission on an ad hoc basis moreover since Member States can delay the implementation of an Article 226 judgment until the penalty provision under Article 228 begins to operate, this provides them with some(prenominal) 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 del ayed the specific legislation, but that the Courts will defy the