DIRECTORATE GENERAL FOR INTERNAL POLICIES LEGAL AFFAIRS Challenges in the implementation of EU Law at national level
Stages of implementation
Better regulation More concentration on compliance mechanisms Less concentration on legal sanctions Less opportunity for EP as a regulator of Commission discretion and as a legislator Changes to enforcement policy: a more strategic approach phasing out of the EU Pilot (2017 onwards) penalty payments and a lump sum Article 260 (3)
Infringement cases: 2013-2017 New cases launched Top 3 sectors cases open Source: Commission’s annual monitoring reports 2013-2017
Infringement cases: 2017 Cases referred to CJEU by sector Cases referred to CJEU by Member State Source: Eur-Lex Curia, Commission infringement database
Infringement cases: 2017 Sectors by judgment* Member States by judgement* Source: Eur-Lex Curia, Commission infringement database *I have omitted a case against Bulgaria which was withdrawn
Infringement cases: 2018-Oct Referred to CJEU (sector) Referred to CJEU (Member State) Source: Eur-Lex Curia, Commission infringement database
Barriers to implementation: EU institutions Low complexity of EU law National enforcement and monitoring EU enforcement and monitoring
EP as an accountability forum Analysis of JURI reports 2008-2018 Main Themes Sub-themes Hierarchy Policy discussion Environment, Charter, Gender Equality, Migration, Austerity, Single Digital Gateway, Justice 51 Accountability of Commission Commission – EP relationship, transparency of data 44 Effective Enforcement Correlation Tables 39 Pilot Data 37 Good Administration Legislation on Administrative Procedures, citizens- openness 23 Petitions 19 Better regulation 18 National enforcement EP – national parliament relationship 14 Rule of law 12
Presentation by Dr Melanie Smith Cardiff University Policy Department Citizens’ Rights and Constitutional Affairs Responsible Administrator: Roberta PANIZZA poldep-citizens@europarl.europa.eu