Report from the Commission. Monitoring the application of European Union law – 2015 annual report

Author (Corporate)
Series Title
Series Details (2016) 463 final (15.7.16)
Publication Date 15/07/2016
Content Type ,

Applying EU laws effectively is essential to deliver the benefits of European Union policies to the public and businesses. Proper application of the law ensures that individuals and companies can enjoy their rights and obtain rapid and effective redress if these are violated. Making sure that EU law is implemented is therefore a priority for the European Commission. If laws are not implemented or correctly applied, the foundations of the EU are weakened.

Monitoring and enhancing the application of EU law is a priority of the Juncker Commission and a key part of the Better Regulation Package. The results of the monitoring feed into evaluations of the law, into impact assessments of new initiatives and, more generally, into the legislative life cycle. The objective is to improve the implementation and enforcement of existing legislation as well as the quality of new legislation.

The Member States are responsible for transposing directives into their national law on time and accurately, as well as for correctly applying and implementing the entire body of EU legislation (the acquis). The Commission, as guardian of the Treaties, monitors the Member States’ measures and ensures that their legislation complies with EU law. Focus is on ensuring that the Member States comply with EU law, by working in partnership and providing support and assistance as needed.

If the Commission detects a possible infringement, the first step is to discuss the matter with the Member State concerned, which is invited to solve the problem quickly and effectively in compliance with EU law. If these problem-solving efforts are not successful, the Commission may start a formal infringement procedure. Should a Member State still fail to comply with Union law, the Commission may bring the case before the Court of Justice. As a final step, financial penalties may be proposed when a Member State fails to implement a Court judgement or to communicate the transposition measures of a legislative directive to the Commission.

This annual report highlights the main developments in enforcement policy in 2015. The structure of the report reflects the focus on enforcement in the political priority areas of this Commission. The Commission pursued enforcement actions, for example, in the area of migration and asylum, where full and consistent application of the common rules on asylum and irregular migration was put to the fore in the light of the refugee crisis. Another example is the former third pillar instruments, in the area of police and judicial cooperation in criminal matters, where full transposition and implementation of EU law is essential for providing a coordinated European response to security threats. In addition to the priority areas, the staff working documents (SWDs) accompanying the report examine how well EU law was applied, and the challenges faced, in each Member State and policy area.

Source Link Link to Main Source http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2016:463:FIN
Related Links
ESO: Background information: Member State compliance with EU law improving, but more work ahead to unleash full potential of Single Market http://www.europeansources.info/record/member-state-compliance-with-eu-law-improving-but-more-work-ahead-to-unleash-full-potential-of-single-market/
EUR-Lex: SWD(2016)230: Part I: Policy areas http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2016:230:FIN
EUR-Lex: SWD(2016)231: Part II: Member States http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2016:231:FIN

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