No. 30: Guardian of the Treaties: The European Commission’s Prioritization of EU Law Enforcement through the Infringement Procedure

Details

Author(s):
  • Lloyd Lyall
Publish Date:
April 24, 2018
Publication Title:
European Union Law Working Papers
Publisher:
Stanford Law School
Format:
Working Paper
Citation(s):
  • Lloyd Lyall, Guardian of the Treaties: The European Commission's Prioritization of EU Law Enforcement through the Infringement Procedure, EU Law Working Papers No. 30, Stanford-Vienna Transatlantic Technology Law Forum (2018).
Related Organization(s):

Abstract

This paper traces the stages of the infringement procedure under Art. 258 TFEU [Treaty on the Functioning of the European Union] and seeks to explain how the European Commission has prioritized its use. The paper has two substantive sections. Part 1 describes the stages of the infringement procedure, moving from the pre-judicial stage to the judicial stage and post-judgement compliance. Part 2 describes why the Commission must prioritize its enforcement decisions and seeks to understand how the Commission chooses which cases to pursue. The paper describes several important cases where the Commission’s political incentives were heavily aligned with its decision to start infringement proceedings. The cases demonstrate there is some possibility that the Commission has used the infringement procedure to achieve political objectives.