Preliminary References: All Options Open?

Abstract

As a two-level legal order, EU law is particularly vulnerable. Member States may violate their obligations under the Treaties, in particular the fundamental freedoms, they may also either not implement or incorrectly implement acts of secondary law or fail to comply with State aid rules. The uniqueness of the EU manifests itself in the system of remedies that aim to ensure compliance with and thereby the effectiveness of EU law. Not only does the European Commission act as a law enforcer, but citizens and economic operators may also take on this role. By defending their rights under EU law, they also protect the public interest.