‘The EU depends on Member States’
5. ‘The EU depends on Member States’ compliance for the fulfilment of its goals, for the implementation of its laws and, ultimately, for its existence.’ (Roland Bieber and Francesco Maiani, ‘Enhancing Centralized Enforcement of EU Law: Pandora’s Toolbox’ (2014) 51 Common Market L Rev 1057, 1058)
On the basis of the above quote, evaluate to what extent the enforcement proceedings under Articles 258-260 of the Treaty on the Funtioning of the European Union (TFEU) are effective for ensuring the adequate fulfilment of obligations under EU law.
With respect to locus standi of individuals in judicial review, has the post Lisbon Treaty case law improved their position?
The answer must ctitically examine the relevant case law.
3. Directive 333/2018 (fictitious) was enacted by the EU in January 2018. It concerned all businesses considered to be start-ups. Once they started making profits, the Directive required them to put 5% of their profits into a protected fund, so that there would be money to pay out to employees should the business go bankrupt. This Directive was introduced due to the risk that employees of start- ups often face of finding themselves without a job because the start-up has failed after only being in business a short time.
Greece has not transposed this Directive into national law, despite the deadline for implementation having passed after two years in January 2020. The Greek government believes that there are similar enough provisions in Greek law, and therefore there is no need to do anything else to transpose the Directive. The Greek law referred to by the government states that in order to mitigate the effects of early bankruptcy on employees of start-ups, there has to be a robust consultation with employees before it occurs. However, there is no specific requirement of creating a fund for pay-outs like under the Directive.
Marios is a Greek national living in Athens. He joined a start-up called Fast Taxis that provides national taxicab services. Unfortunately, due to the pressures on the environment and stiff competition from other more established taxicab services, Fast Taxis has quickly gone bankrupt. A month before Fast Taxis went bankrupt, it consulted with its employees about the possibility of this happening. However, now that it has gone bankrupt, Marios seeks the pay-out he thinks he deserves under Directive 333/2018.
Advise Marios of his rights under EU law.