The Commission’s Enforcement Powers in Context

Stine Andersen

in The Enforcement of EU Law

Published in print November 2012 | ISBN: 9780199645442
Published online January 2013 | e-ISBN: 9780191744686 | DOI:

Series: Oxford Studies in European Law

The Commission’s Enforcement Powers in Context

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This chapter first places the general EU infringement procedure (the enforcement stage) in the broader context of a comprehensive (negotiated) policy process. It argues that the enforcement stage shares many features with earlier steps in the legislative process. These include flexibility and deliberation. The second part of the chapter ties together the themes of the various chapters. It draws on responsive regulation theory and argues that implementation of EU law is primarily a member state responsibility. This is the case generally and also in the enforcement phase. Even when a member state fails to comply and the Commission initiates infringement proceedings, the member state plays a decidedly active role and retains responsibility for reinstalling compliance. Consequently, the member states have a high stake in the solutions to compliance problems.

Keywords: EU law; infringement procedures; enforcement stage; responsive regulation theory; member states; implementation; European Commission; compliance

Chapter.  4259 words. 

Subjects: EU Law

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