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In July 2022, the European Commission published its third annual rule of law report, which contains an individual chapter for each of the 27 EU Member States. In contrast to the rule of law reports from 2020 and 2021, this latest one makes country-specific recommendations to all Member States, something the European Parliament had been repeatedly calling for. This brings the rule of law report into closer alignment with the European Semester – as acknowledged by the third report itself. From originally ...

This study commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Petitions (PETI) analyses the legal limits on the discretion of the Commission when deciding to launch, or not to launch, an infringement action, especially in response to a petition. In addition, it assesses how the Commission uses this discretion in practice, and formulates recommendations on improved political collaboration between the European ...

The problems of implementation and enforcement of EU law have been longstanding. This report analyses the trends regarding the transposition of EU law and the reasons for failure to transpose on time. It assesses different tools developed at EU level to promote compliance, looking across the board at the EU Pilot and infringement procedure alongside correlation tables, scoreboards, committees, transposition and implementation plans, package meetings or national and EU inspections. As a result, recommendations ...

This information note analyses the procedures prior to the litigation stage in the action for failure to fulfil an obligation, which are primarily carried out by the Commission and the Member States. The analysis distinguishes between actions for failure to fulfil an obligation covered by Articles 258, 259 and 260(1) and (2) TFEU, with the aim of discovering the particular features that these procedures have in each case. Finally, it analyses the role of the complainants in these procedures.

This briefing note considers the administrative procedures of Article 258 TFEU and the relationship between the complainant and the European Commission. It sets out the legal framework for Article 258 TFEU, analysing it through the lens of good governance and legitimacy in the EU. It considers the potential for development of the administrative process in terms of the new legal landscape after Lisbon, and the challenges encountered by the European Parliament in holding the Commission accountable ...