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Sharpening the teeth of the infringement procedure. EIPA briefing August 2020.

Ramírez-Cárdenas Díaz, Juan Diego (2020) Sharpening the teeth of the infringement procedure. EIPA briefing August 2020. UNSPECIFIED.

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    It has taken almost ten years for the Court of Justice of the European Union (CJEU, Court) to apply Article 260(3) TFEU. This allows it to impose a financial sanction on an EU Member State already at the conclusion of the first infringement procedure (Article 258 TFEU), in a case of failure to notify the transposition measures of a directive. In its much-awaited judgement in Case C-543/17, Commission v Belgium, the Court for the first time formulated an extensive interpretation of the notification obligation covering not only ‘non-communication’, but ‘partial communication’ of transposition measures as well. This ruling will have important practical implications for the work of state authorities responsible for EU law harmonisation. It also equips the EU with a new device to put pressure on Member States to transpose directives in a timely way.

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    Item Type: Other
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law) > compliance/national implementation
    EU policies and themes > EU institutions & developments > European Court of Justice/Court of First Instance
    EU policies and themes > Treaty reform > Lisbon Treaty
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Series: Series > European Institute of Public Adminstration (Maastricht) > Working Papers
    Depositing User: Daniel Pennell
    Official EU Document: No
    Language: English
    Date Deposited: 12 Nov 2021 13:46
    Number of Pages: 4
    Last Modified: 12 Nov 2021 13:46

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