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The "standard" administrative procedure for supervising and enforcing EC law: EC Treaty articles 226 and 228.

Law and Contemporary Problems, December, 2004 by Ibanez, Alberto J. Gil

I

INTRODUCTION

Although the Treaty Establishing the European Community (1) ("EC Treaty" or "Treaty") has created several procedures for combating Member States' breaches of European Community ("EC") law, the European Commission ("Commission") enforcement procedure under EC Treaty Articles 226 and 228 is still the most far-reaching and most commonly used. This Article examines the Commission's policy and strategy in enforcement proceedings under these provisions and attempts to discover the predominant European model, if such a model exists, for enforcing and supervising EC law. Although this Article will concentrate mainly on the administrative phase under Article 226, some reference will also be made to the judicial phase, when the Commission sues a...

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