Laying down the law

Date: 25/07/1996

THE European Commission is preparing to throw down the gauntlet to member states which say one thing in Brussels and do another at home by invoking, for the first time, its power to fine those who refuse to fall into line.

This latest sign of a tougher approach to infringements of EU law is to be welcomed.

There is nothing which damages the credibility of the Union more profoundly than the sight of member states signing up to new EU laws at meetings in Brussels or Luxembourg and then defying all attempts to make them fulfil their obligation to put those laws on to their national statute books and enforce them properly.

Some of the member states charged with doing just that are among those currently calling for the powers of the European Court of Justice to be strengthened at the current Intergovernmental Conference on EU reform - yet they continue to undermine the Court's authority by ignoring its rulings when it suits them.

The UK has long insisted that its image as the Union's most uncooperative member is unjustified, pointing to the fact that its record in implementing EU legislation is better than that of several countries - including Germany and Belgium - with a reputation for being 'good Europeans'. When we sign up to something, we abide by it, say British officials, and that is why the UK makes such a fuss when new laws are being drafted, while other countries are prepared to sign up to things they have no intention of implementing.

For the single market to work properly, those who operate within it must have faith in the system. But they cannot do so while member states pay lip-service to the importance of the single market and EU-wide laws in key areas such as the environment and yet continue to drag their feet when it comes to turning unpopular measures into national law.

The Commission is right to turn up the heat now. The only cause for regret is that it has taken so long for it to do so.

Until it demonstrates that it has the necessary muscle to force recalcitrant member states to toe the line - and is prepared to use it - there is little to deter EU governments intent on bending the rules when it suits them from doing so.

The Commission has come under fire increasingly in recent months for repeated delays in launching infringement proceedings against countries which flout Union laws.

Critics say that Commissioners all too often allow domestic political considerations in their home countries to take precedence over their obligation to act as guardians of the EU treaties, and contrast this with the tough approach adopted in cases where companies are found guilty of breaching EU competition laws.

The single market is all about creating a level playing-field for companies competing in a border-free Europe. This can only be achieved if member states abide by the laws they sign up to in Brussels and if the Commission shows, by deeds rather than words, that anyone who fails to do so will be brought to book.

It may be a hard lesson for those singled out for tough action, but it is one which all member states must learn.