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Finally, there are areas in which the EU enjoys an exclusive
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competence. In such areas, the EU may accede the margins of
competences set by the EU treaties. These areas are: economic policy
and the coordination of the employment policy, the EU Common
Foreign and Security Policy and the so-called “Flexibility clause” of the
Treaty on the Functioning of the European Union which allows the EU to
expand its competences if EU interests so require.
The agreements which the EU signs with partner countries and
international organizations also represent EU law; however, they are
neither EU Primary Law nor Secondary legislation and constitute “sui
genesis,” unique legal acts of the Union.
Monitoring of the Implementation of EU Law and
Reactions to Violations
As has already been discussed, the European Commission is an EU
institution which is mandated to monitor the implementation of
EU law in EU member states. The Commission reacts, for instance, if
a member state has not integrated a new directive into the national
law in a timely manner or if an EU legal act has been interpreted and
applied inappropriately, an action of the EU member state contradicts
the EU fundamental values as enshrined in the EU treaties, etc. Once
the fact of a breach is confirmed, the European Commission launches
an infringement procedure in order to eliminate the problem. If the
procedure proves inefficient, the Commission takes the case to the
European Court of Justice.
In the course of exploring the process of the implementation and
the monitoring of EU law, the reader will find two definitions for EU
courts: the European Court of Justice and the Court of Justice of the
European Union. The European Court of Justice and the General Court
make up two branches of the Court of Justice of the European Union.
Areas of EU Actions
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https://ec.europa.eu/info/about-european-commission/what-european-commission-
does/law/areas-eu-action_en