Facts
An action has been brought by the European Commission against the Republic of Poland for failure to fulfill obligations under Article 258 of the Treaty of the Functioning of the European Union.
Issue
Can action be brought against a member state of European Union by the European Commission under Article 258 of the Treaty of the Functioning of the European Union? This is a Student SampleĀ ORDER YOUR PAPER NOW
Rule
Article 258 of the Treaty of the Functioning of the European Union implies that if the European Commission observes that a member state of the European Union has failed to perform an obligation as required by the Treaty, it would conclude upon an opinion over the aspect after providing a reasonable opportunity to the respective member state to make a submission of the observations made by it. This is a Student SampleĀ ORDER YOUR PAPER NOW
Additionally, it is also inferred from Article 258 of the Treaty of the Functioning of the European Union that if there is non-compliance of the opinion of the European Commission by the member state in question, the European Commission is at the discretion to seek redress in such matters before the Court of Justice of the European Union.
Analysis of the case
On account of not fulfilling the obligations, the facts of the case provided imply that the European Commission has to make an opinion after it has provided an opportunity to the Republic of Poland for the purpose of presenting its observations accordingly. It has to be seen whether the Republic of Poland has complied with the opinion made by European Commission in accordance with Article 258 of the Treaty of the Functioning of the European Union. It is implied form the facts of the case that action is to be brought only when there is non-compliance of the opinion made by the European Commission on part of the Republic of Poland. It is observed that the Republic of Poland has already submitted its observations pursuant to Article 258 of the Treaty of the Functioning of the European Union. However, it is to be seen whether such an opinion has actually been made by the European Commission. If it is observed that an opinion has actually been made by the European Commission and there has been non-compliance of the opinion on part of the Republic of Poland, then the application filed by the European Commission against the Republic of Poland at the Court of Justice of the European Union is valid under Article 258 of the Treaty of the Functioning of the European Union. In this aspect, the stipulated period as decided by the European Commission in terms of the compliance of the opinion on part of the Republic of Poland is also to be taken into account. The stipulated period must be decided in a reasonable manner as far as the principles of natural justice are concerned. It would help in the providing of a comprehensive solution on part of the Court of Justice of the European Union. It was prayed by the European Commission that the Republic of Poland has failed to perform its obligations under Article 19 (1) of the Treaty of the Functioning of the European Union by decreasing the retirement of judges of the Supreme Court of Poland, enforcing such approaches to judges appointed prior to 3rd April 2018 and by granting the President of Poland the powers to with reference to the extension of the time duration of the judges of the Supreme Court of Poland with regard to the judicial activities. This is a Student SampleĀ ORDER YOUR PAPER NOW
Conclusion
Yes. Article 258 of the Treaty of the Functioning of the European Union implies that action can be brought by the European Commission at the Court of Justice of the European Union against the member state on grounds of non-compliance of the opinion.
