With full reference to relevant legislation and case law, consider the adequacy of the tools at the disposal of the European Commission to secure the implementation of EU law within Member States.

Outline example:

Introduction
(approx. 150 words)

  • Briefly introduce the role of the European
    Commission in enforcing EU law.
  • State the importance of ensuring EU law
    implementation within Member States.
  • Outline the main points you will cover in
    your essay.

The European
Commission’s Role and Tools (approx. 300 words)

  • Discuss the European Commission’s role as
    the guardian of the treaties and its responsibility to ensure that EU law
    is correctly applied.
  • Overview of the tools at its disposal,
    including:
    • Formal infringement proceedings (Articles
      258-260 TFEU).
    • The EU Pilot mechanism for informal
      dialogue with Member States.
    • Referrals to the Court of Justice of the
      European Union (CJEU).
    • Financial penalties (as per Article 260
      TFEU).

Analysis of the
Tools’ Adequacy (approx. 800 words)

  • Formal Infringement Proceedings:
    • Discuss the process from sending a letter
      of formal notice to referring a Member State to the CJEU.
    • Analyze effectiveness with reference to
      case law, e.g., Commission v. Italy (C-317/14) or other relevant cases.
    • Consider the impact of these proceedings
      on Member State compliance.
  • EU Pilot Mechanism:
    • Explain the EU Pilot mechanism and its
      role in informal problem-solving between the Commission and Member
      States.
    • Evaluate its effectiveness and efficiency
      in addressing non-compliance before formal infringement proceedings.
  • Referrals to the CJEU and Financial
    Penalties:
    • Discuss the impact of CJEU rulings on
      Member State compliance.
    • Analyze the role of financial penalties
      in ensuring compliance, with reference to cases where penalties have been
      imposed, e.g., Commission v. France (C-416/17).
  • Limitations and Challenges:
    • Discuss any limitations or challenges
      faced by the European Commission in using these tools, such as political
      considerations, the complexity of EU law, and the time-consuming nature
      of legal proceedings.

Case Studies
(approx. 200 words)

  • Provide one or two brief case studies that
    illustrate the Commission’s use of these tools in practice. Choose cases
    that highlight both successes and challenges in securing the
    implementation of EU law.

Conclusion (approx.
150 words)

  • Summarize the key points made in your
    essay.
  • Conclude on the adequacy of the tools at
    the European Commission’s disposal, considering their effectiveness,
    limitations, and the balance between enforcement and Member State
    sovereignty.
  • Suggest any potential improvements or
    reforms that could enhance the Commission’s ability to ensure EU law
    implementation.
additional important notes
– refrence style should be OSCOLA
– use footnotes for in text citation. 
– use European or UK legal and academic sources as much as possible.
– do not use USA sources
– use well known cases. 

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