CEPS Proposes Freezing Enforcement Procedure

Sergio Carrera and Anaïs Faure Atger from CEPS have provided a thorough and very interesting account of the current cases of expulsion of Roma citizens from France (hat tip: Grahnlaw).  They provide a careful and precise assessment of the expulsions from the perspective of EU law that is definitely worth reading.

More importantly, they put forward a proposal a new (preventive) enforcement mechanism that would complement the existing ones (the infringement procedure – art. 258 TFEU, and the fundamental rights proceedings, art. 7 TEU). This procedure would be primarily destined to ensure that contested national policies and practices falling within the remits of EU law and fundamental rights would be immediately ‘frozen’ while the formal opening of infringement or fundamental rights proceedings would be still be considered and/or under study.

This is a very interesting proposal with far-reaching consequences and is worth considering.

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