Better handling of complaints made to the Commission on countries’ application of EU law

EU citizens can lodge complaints about the way countries apply Union law. Improved procedures governing relations with the complainant in this process are set out in an April 2012 paper.

ACT

Communication of the Commission to the Council and the European Parliament: updating the handling of relations with the complainant in respect of the application of Union law (COM(2012) 154 final of 2.4.2012 - not published in the Official Journal)

SUMMARY

In the communication‘Updating the handling of relations with the complainant in respect of the application of Union law’ , the European Commission explains the administrative measures for the benefit of the complainant with which it undertakes to comply when handling her/his complaint and assessing the alleged infringement.

The EU is sustained by respect for the law. This law must be effectively applied by Member States if the EU's many goals as set out in the treaties and in legislation are to be successful. Any citizen who believes that Union law is not being applied correctly by a Member State may file a complaint with the European Commission.

The Commission acknowledges the vital role played by complainants in helping it to detect infringements of Union law. To make that process even easier and more efficient, the Commission has made several changes since 2002 (2002/C 244/03).

For complainants, the most obvious improvement is CHAP (Complaint handling/Accueil des plaintes). Set up in September 2009, this IT tool allows the Commission to respond more directly to the interests of citizens, business and civil society.

The communication states that complainants should always first consider making their complaints at national level to assert their rights more directly and in person.

The communication defines what it meant by ‘complaint’, ‘complainant’ and ‘infringement proceedings’. It also notes that the approach here only concerns complaints relating to Article 258 of the Treaty on the Functioning of the European Union: the EU institutions and the Court of Justice of the European Union.

Information in the communication is grouped as follows:

• general principles;
• recording and acknowledgement of receipt of complaints;
• protection of the complainant and data;
• communication with complainants;
• time limit for investigation;
• outcome of the investigation of complaints;
• closure of the case;
• publicising infringement decisions;
• access to documents on infringement cases;
• complaint to the European Ombudsman.

Key points of the communication include:

• anyone can file a complaint with the Commission, free of charge, against a Member State about a measure, absence of measure or practice by a Member State which they consider incompatible with Union law;
• complaints can be submitted by letter, fax or email in any official EU language;
• the Commission may decide whether or not further action should be taken on a complaint;
• complaints are recorded in the ‘application’ acknowledged within 15 working days with a registration number;
• as a general rule, the time limit for investigating complaints is 1 year from the date of registration;
• outcome of the investigation of complaints: formal notice to Member States or definitive closure of case. Complainant informed in writing.

RELATED ACTS

Treaty on the Functioning of the European Union (TFEU): Article 258.

Commission communication to the European Parliament and the European Ombudsman on relations with the complainant in respect of infringements of Community law (COM(2002) 141 final) (this text cancels and replaces the text published in OJ C 166 of 12.7.2002).

See also: Exercise your EU rights.

last update 11.03.2014