Enforcement of EU law

 

SUMMARY OF:

Article 288 of the Treaty on the Functioning of the European Union (TFEU)

WHAT IS THE AIM OF THIS ARTICLE?

It states that to exercise the EU’s competences, the EU institutions must adopt regulations, directives, decisions, recommendations and opinions. It also describes the specific nature of these legal acts with regard to their application and the extent to which they are binding.

KEY POINTS

The EU is based on the rule of law. It relies on the law to ensure member countries properly implement its policies and priorities.

The European Commission monitors whether the legislation is applied correctly and on time. It can take legal action against governments and companies which ignore their responsibilities or break the law.

The Commission is mandated under Article 17 of the Treaty on European Union (TEU) to ensure proper application of:

• EU treaties;
• various measures, legislative and others, that the EU agrees on;
• EU law under the overall control of the Court of Justice of the European Union.

The Commission:

• drafts legal acts and submits them to the co-legislators which are the European Parliament and the Council;
• helps EU countries to implement EU law correctly by:
  • providing online information, implementation plans and general guidance,
  • organising expert group meetings;
• initiates legal action before the Court of Justice of the European Union if it considers a government is failing to place EU legislation on its domestic statute book by the agreed deadline or to implement it correctly (an infringement procedure);
• fines companies it considers are breaking EU competition rules.

The Court of Justice of the European Union:

• interprets treaties and legal acts via the preliminary ruling procedure;
• rules whether a violation of EU law has taken place;
• can fine governments which fail to take the necessary corrective action after being found guilty of breaking EU law.

National governments:

• are primarily responsible for putting EU legislation (regulations, directives and decisions) into domestic law and ensuring it is implemented correctly (Article 4 TEU)
• must adopt all domestic legal measures required to fully implement binding EU legislation (Article 291 (1) TFEU)
• must provide effective procedures for anyone believing their rights under the legislation are not being respected.

BACKGROUND

EU law is based on primary and secondary legislation. The former are the EU treaties which provide the basis and ground rules for all EU activity.

The latter consists of regulations, directives, decisions, delegated acts and implementing acts.

Regulations and decisions are automatically legally binding throughout the EU on the date they take effect and the directives have to become law in the EU countries by a certain deadline, usually 2 years.

MAIN DOCUMENT

Consolidated version of the Treaty on the Functioning of the European Union — Part Six — Institutional and financial provisions — Title I — Institutional provisions — Chapter 2 — Legal acts of the Union, adoption procedures and other provisions — Section I — The legal acts of the Union — Article 288 (ex Article 249 TEC) (OJ C 202, 7.6.2016, pp. 171-172)

RELATED DOCUMENTS

Consolidated version of the Treaty on European Union — Title I — Common provisions — Article 4 (OJ C 202, 7.6.2016, p. 18)

Consolidated version of the Treaty on European Union

Title III — Provisions on the institutions — Article 17 (OJ C 202, 7.6.2016, pp. 25-26)

Consolidated version of the Treaty on the Functioning of the European Union — Part Six — Institutional and financial provisions — Title I — Institutional provisions — Chapter 2 — Legal acts of the Union, adoption procedures and other provisions — Section I — The legal acts of the Union — Article 291 (OJ C 202, 7.6.2016, p. 173)

last update 12.07.2018