Administrative practices as an infringement of the law of the European Union

Raluca-Andreea Trîncă-Găvan

This article aims to present the particularities of the administrative practices as an infringement of the law of the European Union. Even if the failure to the transpose a directive within the deadline is the most common kind of infringement, administrative practices contrary to the law of European Union can also lead to an action for a declaration for failure to fulfil obligations. First of all, we will analyse the relationship between the law of the European Union and the national Law, in order to highlight the principle of primacy of the law of the European Union. Secondly, we will refer to the action for a declaration for failure to fulfil obligations, by generally presenting the principle types of infringement of the law of the European Union. Last but not least, we will analyse the features of the administrative practices as an infringement of the law of the European Union, by focusing on the main case law of the Court of Justice of the European Union.