FINANCIAL SANCTIONS AGAINST MEMBER STATES FOR INFRINGEMENT OF EU LAW

Authors

  • Zoran Radivojević Law Faculty, University of Niš, Trg Kralja Aleksandra 11, 18000 Niš, Serbia
  • Nebojša Raičević Law Faculty, University of Niš, Trg Kralja Aleksandra 11, 18000 Niš, Serbia

DOI:

https://doi.org/10.25234/eclic/6527

Abstract

The founding treaties set out two procedures where the Court of Justice may impose financial sanctions on EU Member States which fail to comply with their obligations under EU law. The first procedure is laid down in Article 260(2) TFEU, concerning cases when a Member State has failed to comply with an earlier judgment of the Court. The second option is a new legal solution introduced by the Lisbon Treaty in Article 260(3), under which the Court may impose sanctions on a Member State that has failed to notify the Commission about the national measures for transposing a directive adopted under a legislative procedure. If the Court finds that the Commission’s allegations are true, it may impose penalty payment or a lump sum. Pursuant to Article 260(2), the Court is free to determine the sanction amounts, whereas the penalty payment or lump sum imposed pursuant to Article 260(3) must not exceed the amount specified by the Commission.

Author Biographies

Zoran Radivojević, Law Faculty, University of Niš, Trg Kralja Aleksandra 11, 18000 Niš, Serbia

PhD, Full Professor

Nebojša Raičević, Law Faculty, University of Niš, Trg Kralja Aleksandra 11, 18000 Niš, Serbia

PhD, Associate Professor

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Published

2018-03-14

How to Cite

Radivojević, Z., & Raičević, N. (2018). FINANCIAL SANCTIONS AGAINST MEMBER STATES FOR INFRINGEMENT OF EU LAW. EU and Comparative Law Issues and Challenges Series (ECLIC), 1, 171–191. https://doi.org/10.25234/eclic/6527

Issue

Vol. 1 (2017): PROCEDURAL ASPECTS OF EU LAW

Section

Articles

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