Commission lists gaps in implementation of EU law

Smart regulators know how important it is to ensure proper implementation of regulation if the underlying policy objectives are to be met. This is all the more important when the norm requires specific measures to be taken by different implementing authorities. Such a situation is to be found in the European Union where the directives adopted in Brussels need to be transposed into national law to become effective and citizens and companies from across the Union to reap the benefits of the Internal Market and other European standards. Hence the importance of the issue of "application of EU law" and the procedure to identify and correct failure by Member States(MS) to transpose directives (the "infringement procedure"). The Commission has just published its monthly package of infringement decisions by which it pursues legal action against MS for failing to comply properly with their obligations under EU law. The package consists of 170 decisions, including 37 reasoned opinions and 5 referrals to the European Union's Court of Justice. Individual press releases explain the background and reasons for each Commission decision, which specifies which MS are at fault, in a rare case of an international organisation "naming and shaming" its members.
The infringement procedure begins with a request for information (a "Letter of Formal Notice") to the MS concerned, which must be answered within a specified period, usually two months. If the Commission is not satisfied with the information and concludes that the MS in question is failing to fulfil its obligations under EU law, the Commission may then send a formal request to comply with EU law (a "Reasoned Opinion"), calling on the Member State to inform the Commission of the measures taken to comply within a specified period, usually two months. If a MS fails to ensure compliance with EU law, the Commission may then decide to refer the case to the Court of Justice.
The decision to open infringement proceedings against a Member State is taken by the Commission on the basis of an unbiased legal analysis conducted by the its services on the documents and information submitted by the parties and on any complaints.