Chapter

The Emergence of Non-binding, Auxiliary Enforcement Procedures: Expert Management of Compliance with Directives

Stine Andersen

in The Enforcement of EU Law

Published in print November 2012 | ISBN: 9780199645442
Published online January 2013 | e-ISBN: 9780191744686 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199645442.003.0007

Series: Oxford Studies in European Law

The Emergence of Non-binding, Auxiliary Enforcement Procedures: Expert Management of Compliance with Directives

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This chapter discusses the Commission's practice of establishing groups composed of member state experts on implementation. The groups are established on an ad hoc basis and their aim is to identify and clarify issues of interpretation of directives. The chapter is organized as follows: The first section discusses some of the limitations of the general EU infringement procedure and the merits of peer-review from an enforcement viewpoint. Against this background, it looks at implementation expert groups and more specifically at the expert group dealing with the Free Movement Directive. It proceeds to problematize the Commission's turn towards management of compliance through implementation expert groups, arguing that the method may obfuscate the fact that enforcement is also about contested norms. The final section examines Article 70 of the Treaty on the Functioning of the European Union. This provision was introduced by the Lisbon Treaty and provides express legal basis for peer-review. Albeit not concerned with directives specifically, the provision addresses some of the general issues discussed in the chapter concerning peer-review.

Keywords: European Commission; member states; implementation; infringement procedures; peer-review; expert groups; Free Movement Directive; TFEU

Chapter.  7899 words. 

Subjects: EU Law

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