Non-binding enforcement of EU law: Interpretation or centralization and norm assimilation?

Andersen, Stine, (2011) Non-binding enforcement of EU law: Interpretation or centralization and norm assimilation? UNSPECIFIED.

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Abstract

This paper explores the European Commission's practice of establishing groups of experts from the EU member states with a view to identifying and clarifying issues of interpretation of directives. This turn towards management of compliance with directives has a number of advantages compared to traditional enforcement according to the general EU infringement procedure stipulated in Article 258 TFEU. For instance, the Commission can tackle non-compliance in a broadly inclusive and pre-emptive manner. The method, however, also raises a number of policy issues. Specifically, management of compliance implies both interpretation and behavioural assessment, i.e., two central powers of the Court of Justice according to the general EU infringement procedure. Whereas norm development through interpretation has often been analysed in relation to the Court of Justice, it has not been comprehensively analysed in relation to the examined groups of experts. It is argued that the method may bring about norm harmonisation, norm-setting and internalisation. Moreover, because the process outcomes are non-binding they are not supervised by the Court of Justice. Thus, a rule of law problem occurs to the potential detriment of the member states and the "EU legislator" and in particular the European Parliament.

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