EU law application: Commission must not abdicate role as guardian of EU legislation
The European Parliament is to debate (today) and adopt (on Thursday) a report by Greens/EFA Co-President Monica Frassoni on how EU law is applied and implemented in the Member States and how to strengthen current infringement procedures.
In 2006, there were 2518 open infringement procedures, initiated by the Commission against Member States, for failing to implement or apply EU law in areas such as waste, public tendering, healthcare and environmental protection. The report highlights concerns that the current procedure is too long and cumbersome, with decisions by the European Court of Justice often failing to have an immediate effect. It also deals with a new working method, proposed by the Commission, to deal with complaints regarding the violation of EU legislation. Commenting on her report, Monica Frassoni said:
"Member States often disregard EU laws and fail to react even following rulings by the European Court of Justice. Infringement procedures can be lengthy and bureaucratic, with limited effects. However, if properly used notably by applying sanctions more swiftly (as well as raising greater awareness), infringement procedures can be powerful instruments to ensure EU legislation is implemented and respected by Member States.
"The report raised some concerns regarding a new method, proposed by the Commission, to speed up the processing of complaints by EU citizens regarding the violation of European legislation by national authorities. The proposal is that Member States, rather than the Commission, would be initially responsible for responding to complaints by citizens. This seems like poacher turned gamekeeper approach to the enforcement of EU law. The Commission has tried to allay concerns about its proposed new procedure however the EP will have to be vigilant in ensuring that the Commission does not abdicate its responsibility as guardian of EU legislation (investigating and exposing the non-application of European laws by the Member States).
"It is a source of serious regret that the Commission lacks sufficient resources (notably in terms of personnel) to effectively monitor the application of the entire body of EU legislation. Against this background, it is important to stress the key role of complaints sent by citizens to the Commission. These complaints are effective in exposing violations of community law by the Member States. The report also suggests improving the transparency of this process and the degree of public information available."
