In the European Union (EU), regulations and directives harmonize laws across member states, ensuring consistent standards and practices. However, non-compliance by a member state can lead to significant issues for citizens and businesses. We will explore these potential challenges and their implications.
EU Regulations vs Directives
First of all, it is essential to understand the difference between EU regulations and directives:
- EU Regulations: Legislative acts that apply directly to all EU member states. They have immediate effect and do not require any national implementing legislation.
- EU Directives: Legislative acts that set out goals all EU member states must achieve, but they are free to decide how to do so. Directives require transposition into national law.
Non-compliance can occur when a member state fails to implement a directive correctly or does not apply a regulation as required.
Steps for non-compliance
It is required to determine the specific EU law that your country is failing to comply with. This involves researching the relevant regulation or directive and understanding how it should be implemented or applied in the member state. Engaging a specialized lawyer is essential for this task, as they are capable of conducting detailed research and analysis. At Navas & Cusí, our experienced lawyers have specialized in this field for years. To address non-compliance, some alternatives include:
European Commission
The European Commission (E.C) is responsible for ensuring that EU law is properly applied and can investigate potential breaches by member states. To address non-compliance, it is necessary to submit a complaint directly, providing all pertinent details. The Commission can initiate an infringement procedure against the member state, which includes several stages. The process involves:
- The Commission sends a formal notice to the member state, detailing the alleged breach
- If the response is unsatisfactory, the Commission issues a reasoned opinion, giving the member state a final opportunity to comply.
- If the member state still fails to comply, the Commission can refer the case to the Court of Justice of the European Union (CJEU).
European Parliament
The European Parliament (E.P), as the directly elected body representing EU citizens, offers several avenues for addressing non-compliance issues:
- PETI Committee: The committee may investigate the matter and request action from the European Commission or other EU bodies.
- Parliamentary questions: MEPs can submit questions to the European Commission and the Council of the EU. These questions seek clarification and can prompt action on specific non-compliance issues.
- Plenary sessions and committees: These discussions can lead to resolutions or reports that put pressure on the member state to comply with EU law.
Court of Justice of the European Union (CJEU)
The CJEU ensures the uniform interpretation and application of EU law across member states. While individuals cannot directly bring cases against member states before the CJEU, the court can become involved in several ways, like the preliminary ruling (art. 267 TFUE). As mentioned before, the E.C can refer a case to the CJEU if a member state fails to comply with EU law. If the member state does not comply with the CJEU’s judgment, the Commission can bring the case back to the court, which may impose financial penalties on the member state (art. 258, 260 TFUE).
In specific circumstances, individuals or companies may bring direct actions before the CJEU, such as:
- Actions for annulment: Challenging the legality of EU acts (though these are typically brought against EU institutions, not member states) ( 263 TFUE).
- Actions for failure to act: Brought against an EU institution for failing to act in accordance with its obligations ( 265 TFUE).
European Ombudsman
Furthermore, the European Ombudsman investigates complaints about poor administration within the EU institutions, ensuring transparency. This can lead to an investigation and, potentially, recommendations for corrective actions.
Conclusion
Addressing non-compliance with EU regulations involves leveraging various mechanisms within the European Commission, European Parliament, and the CJEU. Our law firm, Navas & Cusí, specializes in these mechanisms and provides expert assistance throughout all the procedures. We are here to guide and support you in seeking the appropriate remedies and ensuring that your rights are protected under EU law.
