How Non-Compliance with EU Policies is Addressed
When a member state of the European Union (EU) fails to implement a European Union policy, the process of addressing this non-compliance involves a multi-step approach. This includes legal interpretations, enforcement actions, and potential financial penalties. The following sections detail the mechanisms in place and how they operate to ensure the implementation of EU policies.
Types of EU Policies and Their Implementation
EU policies are categorized into different types, each with varying levels of enforceability. To understand the specificities, it is crucial to know the legal basis and how each type of policy operates.
Regulations
Regulations are binding legislative acts that immediately become enforceable as law in every member state. These policies are mandatory and straightforward in their application.
Directives
Directives set out goals that all EU member states must achieve, but the methods to reach these goals are left to the discretion of the individual states. Each directive comes with a deadline by which member states must incorporate its provisions into their national legislation.
Recommendations
Recommendations are guidelines and not legally binding. They are meant to be followed by member states out of good practice and cooperation.
Addressing Non-Compliance through Legal Bodies
When a member state fails to comply with an EU policy, the initial step involves member state courts interpreting and applying EU law. If there is any ambiguity, these courts can refer questions to the Court of Justice of the European Union (CJEU) for a preliminary ruling.
Role of the EU Commission
The Ninth European Commission is responsible for ensuring that member states properly apply EU law. If a country does not fully incorporate a directive into its national law by the set deadline or applies EU law incorrectly, the Commission will take appropriate steps.
Formal Infringement Procedures
The Commission initiates a formal infringement procedure in such cases. If this procedure does not resolve the matter, the case can be referred to the CJEU.
Complaints and Grievances
Citizens or organizations can even lodge a grievance with the Commission by officially submitting a complaint. However, it is often recommended to use national courts for such purposes.
Stats on Non-Compliance
In 2017 alone, the Commission launched 716 infringement cases. Approximately 95% of infringement cases were resolved with member states complying before referral to the court. Over 3,700 complaints were registered, with Italy, Spain, and France being the most frequently targeted.
Enforcement Mechanisms
If a member state fails to comply with a deadline agreed upon by the EU Council of Ministers and the European Parliament, the Commission may request the Court to impose a financial penalty. These penalties are based on a country's GDP and are proposed for a lump sum fine with daily payments for continued non-compliance.
In extreme cases, where a member state persistently breaches the EU's founding values, the European Council can vote to suspend certain rights of membership such as voting and representation. However, there are proposals to introduce a more flexible method for triggering this, as discussed in articles about EU financial penalties for rogue member states.
For more detailed information on the infringement procedure, you can refer to the European Commission's official site. Staying informed and engaged is key to ensuring the ongoing integrity and effectiveness of EU policies.