Abstract
AbstractThis chapter identifies implementation measures that display functional overlap with enforcement. The aim is to discuss their characteristics and compare them to genuine enforcement powers. First, the notion of implementation in the context of EU law is discussed in some detail. Then, selected measures are grouped and examined under the headings preventive measures, safeguard and emergency measures, and conditionality. The closing section discusses a number of issues regarding the application of implementation measures with the aim of securing member state compliance. These include the potential legal constraints on the Commission, such as the proportionality principle, but also political constraints. It is argued that although the Commission is largely at liberty to employ the examined measures with a functional aim of ensuring compliance, any perceived misuse may have ramifications on the Commission's future ability to obtain certain implementation powers.
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