An analysis of the recent response of the Community to non-compliance with Court of Justice judgments: Article 228(2) EC

Abstract:

The Treaty on the European Union amended the EC Treaty, Article 228 (ex 171) by introducing into the Community legal order a system of sanctions for non-compliance with a Court of Justice ruling under Article 226 (ex 171). This paper assesses the impact and success of the reform. It suggests that the drafting of Article 228 (ex 171) is not ideal. Several key issues are uncertain and require elaboration. Moreover, the limitations of the reform are considered, with particular attention being paid to the lack of any mechanism for the collection of sanctions imposed. The Court's ruling in Commission v. Greece is analysed, affording an opportunity to observe how Article 228(2) operates in practice. Finally, statistics provided by the Commission give some indication of the likely impact of the reform, both at present and in the future.