THE POTENTIAL OF ARTICLE 259 TFEU AS A TOOL FOR UPHOLDING THE MUTUAL TRUST IN THE EU
Date Issued
2022
Author(s)
Milena Apostolovska Stepanoska
Hristina Runcheva Tasev
Leposava Ognjanovska
Abstract
T
he principle of mutual trust, whose fundamental importance is recognized by the CJEU, is
not mentioned in the Treaties, but nonetheless, it plays an essential role for the EU integration
process and has become a structural principle of the EU law. In addition to its role as a basis
for a large set of EU rules in the areas such as the internal market and the area of freedom,
security and justice, this principle is also closely related to the EU founding values including
the rule of law. Having in mind that is not a “blind trust” but an assumption, it is applied
through ensuring compliance with the Union law for which both the Member States and the
European Commission share responsibility, inter alia, by means of the infringement procedure.
Under Article 259 TFEU, Member States are also entitled to bring a direct action against
another Member State for an alleged infringement of an obligation under the Treaties. How
ever, it is extremely rare for a Member State to take action upon the Article 259 TFEU and its
potential remains untapped till now.
T
his contribution aims to answer why do Member States are inactive in terms of invoking the
infringement procedure. It argues that infringement procedure initiated by a Member State
against another Member State should not be perceived as a violation of the mutual trust be
tween them but as a tool to uphold the mutual trust and to protect the Union’s founding values,
including the rule of law.
he principle of mutual trust, whose fundamental importance is recognized by the CJEU, is
not mentioned in the Treaties, but nonetheless, it plays an essential role for the EU integration
process and has become a structural principle of the EU law. In addition to its role as a basis
for a large set of EU rules in the areas such as the internal market and the area of freedom,
security and justice, this principle is also closely related to the EU founding values including
the rule of law. Having in mind that is not a “blind trust” but an assumption, it is applied
through ensuring compliance with the Union law for which both the Member States and the
European Commission share responsibility, inter alia, by means of the infringement procedure.
Under Article 259 TFEU, Member States are also entitled to bring a direct action against
another Member State for an alleged infringement of an obligation under the Treaties. How
ever, it is extremely rare for a Member State to take action upon the Article 259 TFEU and its
potential remains untapped till now.
T
his contribution aims to answer why do Member States are inactive in terms of invoking the
infringement procedure. It argues that infringement procedure initiated by a Member State
against another Member State should not be perceived as a violation of the mutual trust be
tween them but as a tool to uphold the mutual trust and to protect the Union’s founding values,
including the rule of law.
Subjects
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