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Os limites dos poderes de execução da Comissão Europeia no âmbito de um processo por incumprimento junto do Tribunal de Justiça da União Europeia
| Content Provider | Semantic Scholar |
|---|---|
| Author | Mourão, Rodrigo Gonçalo D' Abreu Noronha |
| Copyright Year | 2018 |
| Abstract | The study now presented concerns the limits which exist in relation to the European Commission’s power in enforcing infringement decisions issued by the Court of Justice of the European Union which apply sanctions, be they in the scope of a second infrigement procedure or, exceptionally, in the case of article 260, paragraph 3 of the Treaty on the Functioning of the European Union. The study is therefore made in the perspective of “European Union Procedural Law”. The investigation carried out is divded in two main parts, each one subvided in chapters. In the first part, we present the framework of infringement proceedings, be it the common framework (Chapters I and II) or, in contrast to the latter, the special, diferentiated, derrogatory or excluding framework (Chapter III), not negleting the cases of other norms which, while not creating a new framework or form of infringement proceedings, attribue powers to the Commision that, in some way or another, are somewhat related to the abovementioned judicial action (Chapter IV). The second part of this study more comprehensevely focuses on the central subject from which the title of this investigation originates, which is assessed in light of the aspects, questions and contributions raised by the long conflict opposing the European Commission to the Portuguese Republic in relation the compatibility of the Portuguese legal regime on non-contractual civil liability of the State and other public entities with the Council’s Directive 89/665/CEE of 21st December 1989, where we present such dispute and its legal evolution (the first part of Chapter I) which, although having started in the scope of infringement proceedings, was then moved to the context of the action for anulment. On the second part of the abovementioned chapter we will present our critical reflections on the following questions stemming from those decisions: the object of the decisions issued by the Court of Justice in infringement proceedings under article 258o TFEU and article 260o, paragraph 2 TFEU; the division of powers between the European Commission and the Court of Justice with regards to the enforcement of an infringement decision which applies sanctions and the subsequent determination and implementation of sanction to a Member State of the European Union; the division of jurisdiction between the Court of Justice itself and the General Court, with regards to the examination of the compatibility of national provisions with the European Union legal system; the time-limits to the effects of the annulment decisions issued by the General Court and the Court of Justice; the possibility of the Commission starting a new infringement action, with the questions that that may pose in relation to Member States’ procedural rights of defence and the necessity of ensuring the respect of the ne bis in idem and res judicata principles. Through these questions, we will also carefully analyse the legal means by which the Commission and a Member State can protect their respective powers and interests, in the context of a post-judicial phase of an infringement proceedings where sanctions where applied. In Chapter II, we will examine the cases in which the Commission may start new infringement proceedings and/or apply sanctions in relation to an infringement by a State which, allegedly, has already been stated/declared by the Court or has a strong connection to the latter. In Chapter III, we will consider the possibility of a Member State filing an action for anulment, an action for non-contractual damages against the European Union and/or an action for unjust enrichment on the Union’s part, as a way to react against a decision of the Commission enforcing sanctions and issued in the post-judicial phase of an infringement action where sanctions were applied, should the State consider that the amounts determined and recovered by such decision are not due. We hope that the present studiy contributes to the further development of the debate which has already started in the subjects pertaining to this investigation, as well as to antecipate and find solutions to questions which may appear in the future. Key-words: Infringement proceedings; sanctions; limits; enforcement; European Commission; Court of Justice of the European Union |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://repositorio.ul.pt/bitstream/10451/37365/1/ulfd136464_tese.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
