Interpretative communications and the implementation of Community law at national level

Abstract:

This article discusses the Commission's practice of issuing communications to the Member States providing guidance in their implementation of Community law. On the one hand, such a practice has important advantages as it renders Community law more accessible and hence facilitates its application. On the other hand, because interpretative communications tend to be followed in practice although they are not binding, they allow the Commission, through this channel, to enshrine its own interpretation of Community law, which may not coincide with the exact legal obligations of the Member States as interpreted by the Court of Justice. However, the article considers that this dichotomy may be solved by the exercise of efficient control over the content of interpretative communications. In this respect the article examines the possibility for judicial control over interpretative communications under Arts 230 and 234; it also considers whether a control by the Member States over the content of the communications ought to be introduced.