Η συμμετοχή της εθνικής Διοίκησης στις διαδικασίες ενώπιον του Δικαστηρίου της Ευρωπαϊκής Ένωσης

Abstract

At the heart of the autonomy of the EU legal order is the vision of the EU as a Union of law. In this context, the preliminary ruling mechanism ensures the uniform and effective application of EU law, while the action for infringement ensures that EU Member States comply with their obligations under EU law. In this respect, the involvement of the national administration in proceedings before the ECJ is of crucial importance, as it enhances its effective application of EU law. In this context, part A of this diploma thesis will deal with the systematic review of the infringement procedure (Article 258 TFEU) and with the involvement of the national administration in this procedure. Increased importance will be attached to the main infringement actions brought by the European Commission against Greece since Greece's accession to the European Community. Part B of this diploma thesis will then focus on the procedure for the submission of preliminary questions by national courts to the ECJ (Article 267 TFEU) as well as on the main ECJ judgments in cases in which questions have been referred for a preliminary ruling by national courts. Finally, Part C of the paper will examine the main interventions made by the Greek Government in important cases of the ECJ. Subsequently, the methodology used consisted mainly of reviewing the relevant case law and literature. The main research conclusion of this diploma thesis is that since the establishment of the ENI-EU, the number of infringement actions against Greece has decreased significantly over the last decades, while pre-trial referrals and interventions in important cases of the ECJ have increased substantially. The involvement of the national administration in proceedings before the ECJ is now better coordinated and organized and therefore more effective. The discussion of this topic is of particular importance as it contributes to the scientific investigation of a subject that has not yet become the subject of extensive study in the context of academic literature. At the same time, this diploma thesis highlights the significant progress made by the national administration both in the effective application of EU law and in terms of participation in the procedure before the ECJ. Despite these important steps, however, it is necessary to further improve the application of EU law by the national administration.