Kara Sears
The European Union (EU) has the power to enforce its laws, which are contained in the treaties agreed between member states. The EU's laws are superior to national laws, and an EU law can overrule a national law, even if the national law was enacted before the EU law. The EU's primary laws are contained in the treaties agreed between member states, and these treaties set out how the EU is structured and governed. The European Commission, as the guardian of the EU treaties, has the task of enforcing EU law by monitoring the application of EU primary and secondary law and ensuring its uniform application throughout the EU. The Commission monitors the transposition and application of EU laws at the national level and can initiate infringement procedures to ensure that member states apply EU law in the general interest.
| Characteristics | Values |
|---|---|
| Who enforces EU law? | The European Commission, as the guardian of the EU treaties, has the task of enforcing EU law. |
| How is EU law enforced? | By monitoring the application of EU primary and secondary law and ensuring its uniform application throughout the EU. |
| What happens when a Member State fails to comply with EU law? | The Commission may send a 'letter of formal notice', which allows the Member State to submit its observations. If the violation persists, the Commission sends a reasoned opinion with a deadline for compliance. If the Member State still fails to comply, the Commission may bring the case before the Court of Justice of the European Union. |
| What are the consequences of non-compliance? | The Court of Justice of the European Union may impose financial penalties or sanctions on a Member State that fails to observe the judgment. |
| Who can lodge a complaint? | Any individual or organization may lodge a complaint with the Commission if a measure or practice in a Member State appears to violate EU rules. |
| What types of EU law exist? | Regulations, directives, decisions, recommendations, and opinions. |
| How are regulations enforced? | Regulations are enforced through the national courts of each Member State and become part of national law. |
| How are directives enforced? | Directives must be incorporated into Member States' national legislation by the set deadline. The Commission provides support and guidance to Member States during the transposition process. |
| What is the role of the European Parliament? | The European Parliament, along with the Council of the European Union, must pass proposals for new laws. |
| What is the role of Member States? | Member States play a key role in ensuring the correct and timely implementation of EU law. They are responsible for transposing directives into national law and applying regulations. |
| What are enforcement strategies? | The EU's enforcement strategies include monitoring, investigating, and sanctioning. The number of EEAs with enforcement powers has increased, and there is a trend towards direct enforcement by the EU. |
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What You'll Learn
The European Commission's role in enforcing EU law
The European Commission is the EU's politically independent executive arm. It is responsible for enforcing EU law by monitoring the application of EU law and ensuring its uniform application across the EU. The Commission is referred to as the "guardian of the treaties" and is tasked with ensuring that all EU countries properly apply EU law.
The Commission gathers information to monitor EU Member States' compliance with EU directives. These directives must be incorporated by EU countries into their national legislation by a specified deadline. The Commission checks whether these national transposition measures are complete and meet the objectives set out by the directive. If an EU country does not fully incorporate a directive into its national law by the set deadline, the Commission may take steps to address this.
The steps taken by the Commission to enforce compliance can include sending a 'letter of formal notice' to the Member State, allowing them to submit their observations. If the Commission believes that the violation persists, it can send a reasoned opinion to the Member State, setting a deadline for compliance. If the Member State still fails to comply, the Commission may bring the case before the Court of Justice of the European Union, which can impose financial penalties.
The Commission also provides support to Member States during the transposition process by offering online information, organising expert group meetings, and drafting implementation strategies and guidance documents. This preventive function of enforcement helps to ensure that EU laws are correctly implemented and that citizens and businesses can benefit from the commonly agreed rules.
In summary, the European Commission plays a crucial role in enforcing EU law by monitoring compliance, investigating possible violations, and responding to proven violations through corrections and sanctions. It works to ensure the uniform application of EU law across all Member States and protect the interests of EU citizens, businesses, and the internal market.
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The Court of Justice of the European Union
The CJEU was originally established in 1951 as a single court called the Court of Justice of the European Coal and Steel Communities. With the Euratom and the European Economic Community in 1957, its name changed to the Court of Justice of the European Communities (CJEC). In 1988, the Court requested the Commission to create a Court of First Instance, and in 2004 it added the Civil Service Tribunal. The Treaty of Lisbon in 2009 renamed the court system to the "Court of Justice of the European Union" and the CJEC to the "Court of Justice". The Civil Service Tribunal is for issues of public employment.
The CJEU consists of two separate courts: the Court of Justice and the General Court. From 2005 to 2016, it also contained the Civil Service Tribunal. It has a sui generis court system, meaning 'of its own kind', and is a supranational institution. The CJEU is composed of one judge from each EU member state (currently 27), assisted by 11 Advocates General. Each case is assigned one judge (the "judge-rapporteur") and one advocate general.
The CJEU's specific mission is to ensure that "the law is observed" "in the interpretation and application" of the Treaties of the European Union. To achieve this, it reviews the legality of actions taken by the EU's institutions and enforces compliance by member states with their obligations under the Treaties. The CJEU interprets EU law to make sure it is applied in the same way in all EU countries and settles legal disputes between national governments and EU institutions. It can also, in certain circumstances, be used by individuals, companies, or organisations to take action against an EU institution if they feel it has infringed their rights. The CJEU gives rulings on cases brought before it. The most common types of cases are:
- Interpreting the law (preliminary rulings) – National courts of EU countries are required to ensure EU law is properly applied, but courts in different countries might interpret it differently. If a national court is in doubt about the interpretation or validity of an EU law, it can ask the Court for clarification. The same mechanism can be used to determine whether a national law or practice is compatible with EU law.
- Annulment – If an EU act is believed to violate EU treaties or fundamental rights, the Court can be asked to annul it by an EU government, the Council of the EU, the European Commission, or (in some cases) the European Parliament. Private individuals can also ask the Court to annul an EU act that directly concerns them.
- Ensuring the EU takes action (actions for failure to act) – The Parliament, Council, and Commission must make certain decisions under certain circumstances. If they don't, EU governments, other EU institutions, or (under certain conditions) individuals or companies can complain to the Court.
- Sanctioning EU institutions (actions for damages) – Any person or company who has had their interests harmed as a result of the action or inaction of the EU or its staff can take action against them through the Court.
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The superiority of EU law over national law
The European Union is founded on the idea that its laws take precedence over national laws in situations where there is a conflict between the two. This principle of the primacy of EU law is based on the understanding that if EU laws were subordinate to national laws, it would become unworkable for member states to pursue EU policies.
The primacy of EU law has been developed over time through the case law of the Court of Justice of the European Union (CJEU). The CJEU has repeatedly affirmed that EU law takes precedence over national law in terms of application and that member states cannot override or repeal Union norms. For instance, in the case of Costa v ENEL (Case 6/64), the Court ruled that the aims of the treaties would be undermined if EU law could be made subordinate to national law.
In practice, this means that when there is a conflict between an EU law and a national law, the national law is not annulled or invalidated, but national authorities and courts must refuse to apply those provisions as long as the overriding EU norms are in force. This ensures that people are uniformly protected by EU law across all EU territories.
It is important to note that the primacy of EU law only applies where Member States have ceded sovereignty to the EU, such as in fields like the single market, environment, and transport. The principle of primacy also does not automatically invalidate national constitutional law. National constitutional courts have reserved the right to review the conformity of EU law with national constitutional law, and in some cases, have ruled that there is a limit to the primacy of EU law over their constitution.
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The evolution of EU law enforcement
The European Union (EU) has established several mechanisms to enforce its laws and ensure compliance among its member states. The evolution of EU law enforcement has seen the development of various institutions and procedures to monitor and enforce compliance with EU legislation.
Article 17 of the Treaty on European Union (TEU) designates the European Commission as the "guardian of the EU treaties", responsible for enforcing EU law. The Commission monitors the application of primary and secondary EU law, ensuring its uniform implementation across the EU. When a member state violates EU law, the Commission can issue a 'letter of formal notice', allowing the state to provide its observations. If the issue persists, the Commission sends a reasoned opinion, setting a deadline for compliance. Non-compliance within this deadline can result in the case being brought before the Court of Justice of the European Union, which may impose financial penalties under Articles 258 and 260 of the Treaty on the Functioning of the European Union (TFEU).
In addition to the European Commission, the EU has established Europol, officially the European Union Agency for Law Enforcement Cooperation. Founded in 1998 and based in The Hague, Europol serves as a central hub for EU member states to coordinate their efforts in combating serious and organised crime, including drug trafficking, human trafficking, cybercrime, money laundering, and terrorism. Europol facilitates information exchange, provides analytical support, and offers specialised training to enhance cooperation among EU law enforcement agencies.
Europol's origins can be traced back to TREVI, a forum for security cooperation created in 1976, which initially focused on international terrorism. Over time, TREVI expanded its scope to cover other areas of cross-border crime. The idea of a European police agency gained traction, and in 1991, the European Council agreed to establish Europol by the end of 1993. Europol's legal framework has evolved, with the European Parliament approving Regulation (EU) 2016/794 in 2016, granting additional powers and strengthening the agency's counter-terrorism mandate.
Furthermore, crises, such as the one noted by EU Commission President Jean-Claude Juncker in 2018, can impact the enforcement of EU law. While crises may hinder enforcement due to resource constraints, other actors like the European Parliament and EU citizens can help overcome these challenges.
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The impact of crises on the enforcement of EU law
The European Commission, as the guardian of the EU treaties, is tasked with enforcing EU law by monitoring the application of EU primary and secondary law and ensuring its uniform application throughout the EU. However, the impact of crises on the enforcement of EU law has been a cause for concern.
The European Commission has played a crucial role in responding to crises over the last two decades. As the executive and bureaucratic arm of the EU, the Commission is responsible for monitoring and enforcing EU law within member states. However, due to its highly technocratic staff, the Commission is often tasked with designing and advancing proposals to address the effects of crises. This diversion of resources, especially time, has an impact on the Commission's ability to enforce EU law effectively.
During times of crisis, the Commission's attention and resources are focused on addressing the immediate challenges, which can lead to a decline in the number of infringements launched against non-compliant member states. This suggests that states may be more likely to get away with breaking EU law during crises. For example, the migration crisis led to a predicted change of almost 30 infringements per country-year.
The COVID-19 pandemic, the Eurozone crisis, Brexit, the Syrian Migration crisis, the Crimean crisis, and the rule of law crisis have all been topics of discussion in Commission meetings from 2005 to 2020. The proportion of meeting notes covering these crises has increased, while the number of infringements has declined. This indicates that crises limit the Commission's ability to act as the "guardian of the Treaties" and ensure compliance with EU law.
However, it is important to note that crises do not always lead to lax enforcement. Other actors, such as the European Parliament and EU citizens, can help shape Commission enforcement and overcome the constraints of time. Written questions from members of the European Parliament to the Commission can lead to more infringements, as the Commission is required to provide written responses within three weeks. Additionally, the support of EU citizens can also influence Commission enforcement decisions.
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Frequently asked questions
The European Commission is the guardian of the EU treaties and is tasked with enforcing EU law. It monitors the application of EU primary and secondary law and ensures its uniform application throughout the EU. It also provides online information, organises expert group meetings, and drafts implementation strategies and guidance documents.
The EU enforces its laws through three primary strategies: monitoring, investigating, and sanctioning. This includes monitoring specific sectors, investigating suspicious cases, and sanctioning violations. The EU has established several agencies with enforcement powers, such as the European Securities and Markets Authority (ESMA) and the European Central Bank (ECB).
If an EU Member State fails to comply with EU law, the European Commission may send a 'letter of formal notice', allowing the Member State to submit its observations. If the issue persists, the Commission sends a reasoned opinion with a deadline for compliance. If the Member State still fails to comply, the Commission may bring the case before the Court of Justice of the European Union, which can impose financial penalties.
EU law is superior to national law. EU laws become part of national law and can be enforced through the national courts of each member state. Member States play a key role in ensuring the correct and timely implementation of EU law. However, direct enforcement of EU law has traditionally been kept at the national level, except for in the field of EU competition law.
