Administrative Practice as a Failure of a Member State to Fulfil its Obligations Under Community Law

Abstract

This article aims at analyzing the concept of administrative practice as a subject matter of the Article 226 EC proceedings. Emphasizing the constant evolution of the notion of a ‘failure to fulfil obligations’ by a Member State and the related dynamics of the procedure established by Article 226 EC, this article examines the process of identification of administrative practice as a distinct subject matter of the infringement proceedings and seeks to set out a general framework for understanding this concept, as opposed to a ‘regulatory’ or ‘legislative’ breach. The analysis demonstrates that the infringement proceedings concerning administrative practice contain a number of particularities, which have bearing on traditional procedural concepts underlying the application of Article 226 EC.

Keywords: Administrative Practice, Infringement Proceedings, EU Law

JEL Classification: K23, K33