This paper was originally designed as a research paper and aims to analyse both the legal nature and intention of the EU law infringement procedure. Thereby, the role of the European Commission has priority. A brief overview of effect and potential weak points of the procedure under Art. 258 TFEU will be provided. The essay deals likewise with alternative ways to ensure compliance and concludes with an insight into current legal and political challenges.
[German]
Diese Analyse der Rechtsnatur und Intention des Europäischen Vertragsverletzungsverfahren wurde als Studienarbeit verfasst und soll dem Leser einen kurzen Überblick über Wirkung und mögliche Schwachstellen des Vertragsverletzungsverfahrens nach Art. 258 AEUV geben. Die Arbeit behandelt auch alternative Ansätze der Rechtsdurchsetzung und zeigt überblicksartig aktuelle Probleme der Rechtsbefolgung auf Europäischer Ebene auf.
Table of Contents
1. Introduction
2. The EU infringement procedure in general
3. The role of the Commission for monitoring and law enforcement
I. Various enforcement strategies
II. The CJEU and its role as an interpretation assistant: Preliminary reference rulings as a judicial implementation alternative
III. Monitoring compliance in practice
IV. Self-interests as the origin for selective acting?
4. Non-compliance as a European deficiency?
5. The enforcement of fundamental values in the EU - current challenges and potential solutions
6. Conclusion and future prospects
Objectives and Topics
This paper examines the mechanisms utilized by European authorities to ensure Member State compliance with EU law, specifically focusing on the role of the European Commission in the infringement procedure and the broader political context of enforcement. The research seeks to address whether the current legal frameworks are sufficient to guarantee adherence to Union obligations and fundamental values.
- The functionality and limitations of the EU infringement procedure under Article 258 TFEU.
- The Commission's role as a "guardian" and the political nature of compliance monitoring.
- Empirical analysis of compliance levels and the influence of domestic variables.
- Potential legal and diplomatic strategies for enforcing fundamental EU values, including the critique of Article 7 TEU and proposals for systemic infringement actions.
Excerpt from the Book
The EU infringement procedure in general
The Union legal order enables both the Commission and the Member States to take action when they consider a breach of Union law by a state party. Typically, it is the European Commission to start infringement proceedings. Although possible according to Article 259 TFEU, cases in which Member States take legal actions against other ones are indeed very rare. The procedure initiated by the Commission is set out in Article 258 TFEU. The framework corresponds the conceptions of International Law ideas as neither the Commission nor the ECJ are invested with the power to invalidate or disapply national provisions. Equally, individuals do not have a standing in the procedure. The ECJ can merely assess the compatibility of national law with Community law. However, the procedure – and furthermore the legal order of the EU in general – does not at any rate follow this International Law logic since infringements by Member States cannot be justified by other breaches committed by third parties.
The drafters of the Treaty intended a dialogue between the Commission as applicant and the alleged violator. The Treaty sets out that after considering that “a Member State has failed to fulfil an obligation under the Treaties” it “shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations”. The basic rationale behind is that the Member State concerned gets a second chance to comply with its legal obligations and thus avoid condemning judgments or – if it intends to do so – to defend itself against the allegation made by the Commission. The preliminary stage of the lawsuit is a procedure of negotiation, clearly targeting an out-of-court conflict resolution. The extrajudicial phase is composed of a monitoring phase, followed by a negotiation procedure that can altogether be highly time-consuming. Albeit not expressly mentioned in the treaty provision, before the Commission can bring the matter to the ECJ, it additionally and before it can even issue the reasoned opinion after Article 258, the Commission has to submit a “letter of formal notice”.
Summary of Chapters
1. Introduction: Outlines the research focus on the European Commission's role in the infringement procedure and the challenges regarding Member State compliance.
2. The EU infringement procedure in general: Explains the legal framework of Article 258 TFEU, emphasizing the negotiation-based nature of the pre-litigation phase.
3. The role of the Commission for monitoring and law enforcement: Discusses the Commission's "gatekeeper" function and the various political and legal strategies used to manage compliance.
4. Non-compliance as a European deficiency?: Analyzes empirical data and academic literature on the causes of non-compliance, highlighting the influence of domestic political structures.
5. The enforcement of fundamental values in the EU - current challenges and potential solutions: Investigates the limitations of existing mechanisms for upholding values and explores proposals for systemic infringement actions.
6. Conclusion and future prospects: Summarizes the unique nature of the EU legal order and reiterates the need for evolving enforcement mechanisms to protect foundational values.
Keywords
European Commission, Infringement Procedure, EU Law, Compliance, Member States, TFEU, Fundamental Values, Article 258, CJEU, Rule of Law, Monitoring, Sanctions, Enforcement, Integration, Policy Implementation
Frequently Asked Questions
What is the core subject of this paper?
The paper investigates the role of the European Commission in monitoring and enforcing Member State compliance with European Union law, with a particular focus on the infringement procedure.
What are the central themes discussed?
Central themes include the legal mechanics of Article 258 TFEU, the political aspects of enforcement, the role of the CJEU, and the challenges of upholding fundamental EU values.
What is the primary objective of the research?
The objective is to analyze whether current legal instruments effectively ensure compliance and to explore potential improvements to the enforcement of Union obligations.
What methodology does the author employ?
The author uses an interdisciplinary approach, combining a legal analysis of treaty provisions with political science perspectives on enforcement strategies and empirical data from existing research.
What is covered in the main section of the paper?
The main sections cover the general infringement process, alternative strategies like preliminary rulings, the statistical reality of non-compliance, and proposals for handling systemic breaches of fundamental values.
Which keywords define this work?
Key terms include European Commission, infringement procedure, compliance, TFEU, Rule of Law, and fundamental values.
How does the Commission prioritize which infringements to act upon?
The Commission prioritizes infringements that threaten the "foundations of the rule of law," the integrity of the Community legal system, or the effective implementation of directives.
What is the proposed "systemic infringement action" discussed in the paper?
It is a proposal to bundle multiple individual infringement actions under the banner of Article 2 TEU, allowing for judicial enforcement against Member States that systematically violate fundamental values.
- Arbeit zitieren
- Markus Preslmayr (Autor:in), 2019, The role of the European Commission as guardian of compliance, München, GRIN Verlag, https://www.grin.com/document/494406
