(What and Why) Do Member States breach?
Under the current regime of European legislation and its interpretation, Member State liability for breaches of EC-legislation can occur in different cases, depending on the type of legislation breached. European directives form a distinct group of legislation breached, compared to a second group containing European regulations, decisions and the Treaties. A third group are judgements by the European Court of Justice. This chapter offers an overview of the possible infringements of European law qualified as “breach” as well as a short overview of some of the typical breaching actors. The chapter will finish with a theoretical discussion and empirical analysis of the dimension of the importance of breaches of European legislation and possible explanations for those breaches.
KeywordsMember State Power Index European Legislation Formal Notice Private Enforcement
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