Tag Archives: procedure

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.

2009 Report on Monitoring the Application of EU Law

The Commission has published its 2009 Report on Monitoring the Application of EU Law. The report outlines the main trends in the implementation and application of EU law during 2009.

At the end of 2009, the Commission was handling around 2900 complaints and infringement files. Around 77 % of complaints were closed before the first formal step in an infringement proceeding; around a further 12 % of the total were closed before the reasoned opinion and around a further 7 % before a ruling from the ECJ. The average time taken to process infringements, from opening the file to sending the application to the ECJ under Article 258 TFEU, fell from around 27 to 24 months.

According to the Commission late transposition and late reporting continue to constitute a widespread, systematic problem, affecting both technical updating of measures important to EU industry, priority EU policies and measures of interest to individual citizens.

The Commission underscores the use of correlation tables and expert groups for improving its cooperation with Member states on the monitoring of the application of EU law.

The Commission plans a review of its general policy on the registration of complaints and relations with complainants in the light of experience of the new methods now being tested. According to the Commission horizontal instruments, such as SOLVIT and EU Pilot, continue to develop and prove their worth, quickly resolving problems faced by citizens and enterprises.

The Commission also intends to step up the use of inspections in areas such as transport safety and security, where they can play a strong role in confirming the interpretation of the law and ensuring its correct application.

RAPEX Guidelines

The guidelines of the Commission for the management of the Community Rapid Information System ‘RAPEX’ have been published in the Official Journal. The guidelines cover the notification process for products posing a serious risk to consumer health and safety.