final settlments of judicial disputes on the EU (the Kyorin University )


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Posted by 倉西先生 on 2007/05/28 22:26:01:

    Question
    The EU works in manifold policy areas. For example, the Court of Justice of the EU and the courts of the member states are granted competence to setttle judicial disputes concerning the EU Law under the treaty. Now, my question is whether this judicial system of the EU could settle all of disputes or not. If not, do they have any stronger measures to bring to final settlements?

    Answer
    The judicial system of the EU composed of the direct litigation and the preliminary rulings, in general, works to settle all of judicial disputes concerning the EU Law. In case of direct litigations of nonfeasance of the Member States, however, the Court of Justice may give such decisions as the Member State concerned shall comply with. If the State shall not fulfil his obligations required in the Court's judgment, the Court of Justice may impose a lump sum or penalty on the State. Now, this is the maximum measures under the EC Treaty.


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