Monitoring the application of Community law

The glossary is being updated given the recent signing of the Treaty of Lisbon.

The task of monitoring the application of Community law is carried out by the European Commission as the guardian of the Treaties. Since the European Union is based on law, such monitoring is essential to ensure compliance with and proper application of Community law by and in the Member States. In exercising its monitoring function, the Commission also takes care to safeguard the role which is assigned to national authorities, particularly the courts, in this area.

The Commission gathers information and then warns and penalises Member States if they fail to comply with the Community Treaties. Poor compliance or non-compliance with the Treaties may result from administrative oversight, technical difficulties in applying the text, difficulties of implementation or from concerns over how certain sectors of public opinion may react.

If a Member State has failed to fulfil its obligations, the Commission may deliver a reasoned opinion after giving the State concerned an opportunity to submit its observations. If this opinion remains without effect, the Commission may bring the case before the Court of Justice (infringement proceedings against a State under Article 226 of the Treaty establishing the European Community).

In this connection, the Commission may ask the Court to impose a financial penalty on the Member State concerned if the latter has not complied with its reasoned opinion. This power greatly increases its ability to monitor proper application of Community law.

In addition, publication of the Commission's annual reports on the application of Community law are an expression of the desire for transparency in dealings not only with complainants but also with citizens and members of parliament.

See:

• Court of Justice of the European Communities
• European Commission
• Community law