Fines against member states: An effective new tool in EU infringement proceedings?

Abstract:

It can be considered a dramatic shift in European Union (EU) governance that the 1992 Maastricht Treaty introduced a provision allowing sanctions against member states that fail to comply with EU law. How effective are the new political opportunities in practice? The article discusses the slow development of the use of these fresh powers by the Commission, the comparatively small number of penalization judgments to date and three specific cases. It seems the new instrument is used in a strategic and variegated manner. Seen in the context of the overall mode of enforcement governance, it therefore appears significantly less ‘hard’ than expected. Softer instruments, such as co-financing, discursive action and shaming via the media are continuously being applied in parallel because penalties cannot always tame the member states and overuse of that instrument might hamper the EU’s legitimacy. Nonetheless, the new instrument is useful in terms of the Commission’s control and enforcement powers over the member states and the effectiveness of EU law in the multi-level regime of governance.