Ieškinys dėl neveikimo Europos Sąjungos Teisingumo Teisme

Abstract

The subject of the dissertation is the legal remedy provided for in Article 265 of the Treaty on the Functioning of the European Union, i. e. action for failure to act, which structurally covers the pre-trial and judicial stages. At the pre-trial stage, the applicant must invite the defendant to act and to rectify the failure to act and, if the defendant does not do so, the applicant shall have the right to bring an action for failure to act before the European Union Court of Justice. The aim of the dissertation research is to examine the essential elements of the action for failure to act and to provide a comprehensive analysis of this legal remedy, including an assessment of compliance with the requirements of Article 6 paragraph 1 and Article 13 of the European Convention on Human Rights. The research identified two main weaknesses of the action for failure to act procedure. The first deficiency is that the applicant is not allowed to continue the pending failure to act case if the defendant determines the position. This shortcoming could be solved by changing the existing jurisprudence. The second deficiency is that in European Union law there is no effective means of ensuring that the defendant implements a court judgment which was adopted in the case for failure to act. To address this shortcoming, it is necessary to change the legal regulation.