This 19 page paper is written in two parts. In the first part the paper assesses the European Commission in acting as 'guardian of the Treaties' under Article 226. This part of the parts takes a board view and cites many cases. The second part considers the European Commissions ability to give effect to the proposals in the Governance White Paper, COM (2001) 428 final. The bibliography cites 8 sources.
Name of Research Paper File: TS14_TEart226.rtf
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focal point for a political union, it was also to be the guardian of the treaties which would govern the operations and behaviour of the states. This role has its
foundation in legal framework and the governmental structure and operations. This role has been critiqued in many ways, for the over zealousness
an inappropriate implementation to ineffective working. There are different measures in place to both empower and aid the commission as well as limit the power of the commission.
Article 226 is one of these tools that help the will of the commission to be imposed on unwilling members when they refuse to
comply. At the same time the criticism have also be aimed at the government and the systems which was looked at with the Governance White Paper COM (2001) 428 final.
2. The Role of Guardian and Use of Article 226 The commission can therefore be seen as having problems in terms of
the role it needs to fulfil. If we look at Article 226 this is the article that places the obligation on the state to abide by the EU treaties and
all EU legislation. This may also be seen as complicated as there is more than one way of legislation being passed and the will of the commission being imposed on
the state. There are two ways in which laws are introduced. The first is a regulation. A regulation is a binding statement
which applies to all member states, they will come into force on a specified date, and where there is no specified date the default is twenty days after the regulations