The Court of Justice as an inter-state court

Graham Butler*

*Corresponding author for this work

Research output: Contribution to journalJournal articleResearchpeer-review

Abstract

Articles 259 and 273 TFEU allow for the jurisdiction for the Court of Justice of the European Union to adjudicate on inter-state disputes between EU Member States, subject to the fulfilment of certain conditions set down in the treaties. Article 259 TFEU relates to inter-state enforcement of Union law obligations, whereas Article 273 TFEU concerns asking the Court to be an adjudicator for inter-state disputes stemming from a bilateral or multilateral arrangement that relates to the subject matters of the treaties. Use of both instruments for inter-state litigation has historically been limited, demonstrating the strong self-contained regime of law that the Union has built and developed. This article delves into the two inter-state dispute resolution instruments that are within the primary law framework of the European Union, and analyses to what extent inter-state disputes between EU Member States can be litigated before the Court of Justice of the European Union.
Original languageEnglish
JournalYearbook of European Law
Volume36
Issue number1
Pages (from-to)179-208
Number of pages30
ISSN0263-3264
DOIs
Publication statusPublished - Dec 2017
Externally publishedYes

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