Document Type : Article
Authors
1 Ph.D. Student in International Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran
2 Professor, Public and International Law Department, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran
Abstract
The European Union is the only international organization that has placed the international responsibility of its member states and institutions under special rules and regulations for failure to act. In this regard, two categories of claims for failure to act may be submitted to the EU judicial organs. First, claims for failure to act against member states: these claims consist of two types. claims that brought directly by the European Commission against member states and the claims that member states bring about before the EU courts against each other. Second, are claims for failure to act that raises against EU institutions. In both categories of litigation, the plaintiff must give member states or the EU institutions an opportunity to fulfill their obligation or respond, and if they do not respond, then the plaintiff can bring its claim before ECJ. In claims against EU institutions, unlike claims against member states, natural and legal persons also have the right to bring claims against EU institutions. Then the ECJ engages and enforce member states or institution to comply with their obligations.
Keywords
Main Subjects
English
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