2017/2273(INI)

Monitoring the application of EU law 2016

Procedure completed

2017/2273(INI) Monitoring the application of EU law 2016
RoleCommitteeRapporteurShadows
Opinion AFCO UJAZDOWSKI Kazimierz Michał (ECR)
Opinion ENVI PETIR Marijana (EPP)
Opinion FEMM PETIR Marijana (EPP)
Lead JURI CHRYSOGONOS Kostas (GUE/NGL) KAUFMANN Sylvia-Yvonne (S&D), CAVADA Jean-Marie (ALDE), BOUTONNET Marie-Christine (ENF)
Opinion PETI WIKSTRÖM Cecilia (ALDE)
Lead committee dossier: JURI/8/11749
Legal Basis Rules of Procedure EP 52
Subjects
Links

Activites

  • 2018/06/14 Results of vote in Parliament
    • Results of vote in Parliament
    • T8-0268/2018 summary
  • 2018/06/04 Committee report tabled for plenary, single reading
    • A8-0197/2018 summary
  • 2018/05/15 Vote in committee, 1st reading/single reading
  • 2018/01/18 Committee referral announced in Parliament, 1st reading/single reading
  • 2017/07/06 Non-legislative basic document published
    • COM(2017)0370 summary
    • DG {u'url': u'http://ec.europa.eu/info/departments/justice-and-consumers_en', u'title': u'Justice and Consumers'}, JOUROVÁ Věra

Documents

AmendmentsDossier
85 2017/2273(INI) Monitoring the application of EU law 2016
2018/03/02 JURI 85 amendments...
source: PE-619.083

History

(these mark the time of scraping, not the official date of the change)

2018-09-12
activities/0/docs/0/text added
  • PURPOSE: presentation of the 2016 annual report on monitoring the application of EU law.

    CONTENT: the Commission restated its commitment to improving the application of EU law in a Communication of December 2016 which sets out a more strategic approach to its infringement policy.

    This annual report highlights the main developments in enforcement policy in 2016.

    Infringement procedures: the Commission registered 3 783 new complaints in 2016. The three Member States against which it filed the most complaints were Italy, Spain and France.

    • Italy: 753 complaints, most of them related to: employment, social affairs and inclusion (322 complaints); internal market, industry, entrepreneurship and SMEs (129 complaints); and environment (76 complaints);
    • Spain: 424 complaints, especially in connection with: justice and consumers (149 complaints); employment, social affairs and inclusion (57 complaints); and taxation and customs union (44 complaints); and
    • France: 325 complaints, mainly related to: mobility and transport (79 complaints); employment, social affairs and inclusion (60 complaints); and justice and consumers (58 complaints).

    The EU Pilot dialogue between the Commission and Member States was set up to quickly resolve potential breaches of EU law at an early stage in appropriate cases: 790 new EU Pilot files were opened in 2016.

    The high number of infringement procedures, which in 2016 rose to a five-year peak, remains a serious concern. The Commission launched 986 new procedures by sending a letter of formal notice.

    The main areas concerned are: (i) internal market, industry, entrepreneurship and SMEs (292); health and food safety (148); financial stability, financial services and capital markets union (120); environment (89). It also sent 292 reasoned opinions to Member States in 2016. At the end of 2016, 1 657 infringement proceedings were still in progress.

    Transposition of directives: there were 70 directives to transpose in 2016, up from 56 in 2015. New late transposition infringements increased sharply, to 847 from 543. At the end of 2016, 868 late transposition infringement cases were still open, a 67.5 % increase from the 518 cases open at the end of 2015.

    New cases were launched against 27 Member States for late transposition of the Directive on measures to reduce the cost of deploying high-speed electronic communications networks.

    In addition, 26 Member States were involved in cases of late transposition of the Directives on human tissues and cells. The Commission launched 23 procedures over late transposition of the Directive on collective management of copyright and related rights.

    In 2016, Portugal (4), Greece (3) and Spain (3) were the subject of most of the Court's judgments under Article 258 TFEU.

    Priority areas: the 2016 annual report reflects the focus on enforcement in the political priority areas of the Commission. For example, the Commission pursued enforcement actions in the area of the internal market, where it specifically targeted Member States’ failure to establish or apply penalties systems to deter car manufacturers from violating car emissions legislation.

    Another example is the transposition of EU rules on public procurement and concessions; here, full transposition and implementation of EU law is essential to make it easier and cheaper for small and medium-sized enterprises to bid for public contracts, in full respect of the EU’s principles of transparency and competition.

    The Commission closely monitored the application of the acquis in the areas of free movement of workers and health and safety at work, climate and energy policy, the environment and financial services, consumer protection, health and food safety.

    The Commission followed up on the infringement procedures it launched in 2015 over the non-communication or incorrect implementation of instruments under the Common European Asylum System.

    Commission action: improving the application of EU law is a priority for the Commission and an essential part of the Better Regulation agenda. The Commission intends to:

    • provide Member States with the support and assistance they need during the implementation phase will focus on issues where enforcement action can make a real difference;
    • strengthen its response when pursuing breaches of EU law through infringement procedures. To ensure swifter compliance and to be able to deliver on its policy priorities, the Commission will henceforth launch infringement procedures without relying on the EU Pilot mechanism, unless recourse to EU Pilot is seen as useful in a given case.

    The Commission has also reinforced the sanctions regime under Article 260(3) TFEU for when Member States fail to communicate on time their measures transposing a directive adopted under a legislative procedure.

    This more strategic approach to enforcement, combined with timely and effective Commission action, aims at ensuring better application of EU law for the benefit of all.

activities/1 added
date
2018-01-18
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EP
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Committee referral announced in Parliament, 1st reading/single reading
committees
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date
2018-05-15
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EP
type
Vote in committee, 1st reading/single reading
committees
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date
2018-06-04
docs
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    http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0197&language=EN
    text
    • The Committee on Legal Affairs adopted an own-initiative report by Kostas CHRYSOGONOS (GUE / NGL, EL) on monitoring the application of EU law in 2016.

      Members welcomed the Commission’s 2016 Annual Report on monitoring the application of EU law, and noted that, according to this report, the four fields in which the greatest numbers of transposition infringement proceedings were opened against Member States in 2016 were the environment, justice and consumers, taxation, and the internal market.

      Petitions: the report underlined the importance of petitions as a means for citizens and residents to feel involved in the activities of the Union and to express their concerns about instances of misapplication or violation of EU law and on potential lacunae. It called on the Commission to improve its handling of petitions addressed by providing timely and in-depth answers.

      EU Pilot procedures are intended to make for closer cooperation between the Commission and Member States so as to remedy breaches of EU law at an early stage through bilateral dialogue in order, wherever possible, to avert the need to resort to formal infringement proceedings. It called on the Commission to share with Parliament information on all EU Pilots opened and infringement procedures initiated in order to improve transparency, reduce the time frame for dispute settlement through the Committee on Petitions, and enhance the legitimacy of the EU Pilot procedure, especially where infringement procedures are concerned.

      Correct application of legislation: Members considered that the large number of infringement procedures shows that ensuring the timely and correct application of EU legislation in Member States remains a serious challenge and priority. They noted the following in particular:

      • the number of new complaints is at its highest since 2011, representing a 67.5% increase over the past year, with a record number of 3 783 new complaints and a decrease in rates of resolution, and, in addition, 1 657 infringement cases remained open at the end of 2016,
      • 95 infringement cases are still open after a Court ruling, mainly in the areas of ‘employment’ and ‘justice and consumers’ which are the most affected, followed by the internal market, industry, entrepreneurship and SME’s, taxation and customs, and the environment;
      • most EU Pilot files that have led to formal infringement procedures mainly concerned policy areas pertaining to the environment, the internal market, industry, entrepreneurship and SMEs, energy, and taxation and customs;
      • there are still significant shortcomings in the implementation and enforcement of EU environmental legislation in some Member States, particularly in the areas of waste management, waste water treatment infrastructure and compliance with air quality limit values;
      • there were 70 directives to transpose in 2016, up from 56 in 2015, while the number of new infringements for late transposition has increased significantly.

      Members recommended:

      • applying and implementing Union law so that the policies proposed by the Union can give full meaning to the principle of equality between men and women;
      • upholding the values ​​and fundamental rights enshrined in the Treaties and the Charter of Fundamental Rights of the European Union.

      The Commission was called upon, inter alia, to:

      • address the gaps in the implementation and enforcement of EU environmental legislation, including the use of infringement procedures where necessary;
      • submit a proposal for the conclusion of a Union pact for democracy, the rule of law and fundamental rights;
      • develop tools designed to help Member States detect transposition problems, resolve them at an early stage of infringement proceedings and find common solutions;
      • make use of regulations as far as possible whenever it considers issuing legislative proposals in order to mitigate the risk of over-regulation;
      • pay particular attention to the implementation of measures adopted in the area of asylum and migration, so as to ensure that they comply with the principles enshrined in the Charter of Fundamental Rights;
      • respond effectively to developments in migration and security and enforce the European Agenda on Migration and the accompanying implementing measures.

      Parliament recalled that preliminary rulings help clarify the manner in which the law of the European Union is to be applied. It encouraged national courts, in the event of doubt, to refer questions to the CJEU and thereby prevent infringement proceedings.

      Lastly, Members called for the European Parliament to be given basic control over major decisions affecting the EU, the Member States and its people, such as decisions on national budgets and reforms.

    type
    Committee report tabled for plenary, single reading
    title
    A8-0197/2018
body
EP
type
Committee report tabled for plenary, single reading
activities/4 added
date
2018-06-14
docs
body
EP
type
Results of vote in Parliament
committees/2/date added 2018-01-30
committees/2/rapporteur added
  • group
    EPP
    name
    PETIR Marijana
committees/3/shadows/2 added
group
ENF
name
BOUTONNET Marie-Christine
procedure/Modified legal basis added Rules of Procedure EP 150
procedure/dossier_of_the_committee added JURI/8/11749
procedure/legal_basis/0 changed
Old
Rules of Procedure of the European Parliament EP 052
New
Rules of Procedure EP 52
procedure/stage_reached changed
Old
Preparatory phase in Parliament
New
Procedure completed
2018-01-20

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