EU law monitoring
Monitoring the implementation of EU Law: tools and challenges
Client: European Parliament
This project came from the European Parliament thanks to Milieu’s expertise on an issue which derived from a previous project carried out in 2013 for the European Parliament that entailed the development of a short report on the key issues related to the implementation of EU law relevant for the new MEPs. The report was presented to the MEPs at the legal affairs Committee meeting in September 2014.
The paper provided information on the challenges of correct transposition and application of European legislative acts going through the different tools developed by the Commission to ensure compliance with EU law. This issue was recognised as a priority by President-elect Juncker, who proposed, for the first time, a new European Commission with a First Vice-President dedicated to a Better Regulation agenda, to guarantee that every Commission legislative proposal respected the principles of subsidiarity and proportionality.
A stronger EU policy for monitoring and enforcement of EU law was required to ensure the respect of the law, including the effective transposition and application of every legislative measure once adopted within the framework of the democratic legislative process.
The problems of implementation and enforcement of EU law have been longstanding. The Treaty stipulates no specific means to enforce Member States obligations of implementation of EU law, other than infringement proceedings specified in Article 258 TFEU. To improve monitoring and to reduce the recourse to infringement procedures, additional tools were developed such as the EU Pilot or the modification of Article 260(3) TFEU, enabling the CJEU to impose financial penalties directly for failure to notify the transposing measures.
In addition, a range of measures were put in place to assist Member States with implementation and to assist the Commission with enforcing EU law, including correlation tables and conformity checking, scoreboards, guidelines, implementation plans, inspection, package meetings or fitness checks.