QUESTION:
While it is possible for an EU Member State to bring an action against another Member State under Art 259 TFEU, it tends to be an ‘exceptional’ procedure rather than the norm. Consequently, even though the aim of this article is to achieve the practical elimination of infringements by Member States and the consequences thereof, this direct action is relatively unused, as only few cases (eight in total) have been brought to the CJEU.
In the latest case decided in January 30th 2020 (C-457/18 Republic of Slovenia v Republic of Croatia), the CJEU once again ruled that the claimant party was unsuccessful. One can say that there is a pattern. If the Commission declines to bring an action or to take over the action against a Member State, the claimant party has no chance of being successful.
Critically discuss this statement. In your argument, propose a change as to how the rule of enforcement could better benefit from this direct action focusing on the potential role that Member States should play.