Particularities of the Detection Mechanisms for Cases in which a Member State Fails to Fulfils its Obligations to Implement the Legislation of the European Union
Particularities of the Detection Mechanisms for Cases in which a Member State Fails to Fulfill its Obligations to Implement the legislation of the European Union

Summary/Abstract: The European Commission, as guardian of the treaties, has the role of monitoring the measures taken by the Member States and ensuring their legislation is in line with the EU law. If a Member State does not comply with the European Union law, the Commission may initiate the proceedings for failure to fulfill its obligations and, if necessary, it can address the Court of Justice of the European Union. If a Member State does not implement a decision of the CJEU or does not communicate the measures transposing a directive to the Commission, financial sanctions may be proposed. Until the initiation of the procedure for failure to fulfill the obligations, there are a number of corrective mechanisms, such as the EU Pilot project and the SOLVIT system, which are at the same time means of amicable settlement of possible divergences between Member States, without reaching a lawsuit. In the current practice, the European Commission has several mechanisms in place to detect cases where a Member State does not fulfill its obligations under the Treaties. In addition to these issues, the paper also addresses aspects of the protection of individuals reporting violations of Union law, as well as ways of ensuring the proper implementation of EU directives.

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