LAW OF THE EUROPEAN UNION--- ENFORCEMENT PROCEDURES - Assignment Example

The Court ruled upheld the petition. Unlike the EU Commission-led Article 258, Article 259 allows aggrieved Member States to petition the Strasbourg Court for direction. The latter provision was tested recently in Hungary v Slovak Republic Case C 364/10 (2012), where the Strasbourg Court ruled that Slovakia did not breach her duties under Article 21(1) of the TFEU requiring unhindered movement of EU citizens within the region. If the case was decided in favour of Hungary, appropriate sanctions would have been taken against Slovakia for limiting Hungarian President’s visit in the country during national holiday.

The sanctions are usually binding, considering that any failure to conform to them attracts follow-up actions and penalties under Articles 260 of the TFEU. These responses show that the ECJ’s primary roles under the direct action are to enforce EU law by enhancing cooperation among Member States and slap punitive action where. However, delays in enforcement, which run into many years, are major setbacks. Complimentarily, indirect actions under Article 267 of the TFEU usually enhance smooth cooperation between or among EU Member States.

Under the latter platform, the Court can make decisions on the interpretation of various bodies of the EU law including the Treaty. As such, it accepts and determines cases referred to from national courts. In Foglia v Mariella Novello C 244/80 (1981), for example, the Court considered the verdict in Pretura di Bra, Italy and determined that the tax measures on liqueur wines were valid. In addition, purpose of procedure enhances collaboration between courts with EU in what is a key trigger of smooth administration of justice.

The vertical relationship between the European Court of Justice and national courts through the principle of supremacy has created an effective arrangement where the courts work in synergy to resolve disputes arising from trade and movement of people and goods across the EU or