The Age Of Maturity Of Infringement Proceedings

Abstract

The article gives an overview of the latest developments in the field of infringement proceedings. It deals first with substantive aspects, including the author of the infringement, the concept of “infringement” (including whether the Charter of Fundamental Rights can provide an independent basis for proceedings), and Member States’ defences. It then turns to procedural aspects. It describes Commission policy with regard to enforcement, and the Commission’s intention to concentrate its resources on certain cases. It explains some changes to jurisdiction. It analyses various developments, especially with regard to admissibility (in particular on “past infringements”) and recourse to interim relief. As to consequences of proceedings, it examines recent case law on liability against Member States and on financial penalties. It concludes that infringement proceedings have become a more mature instrument, which the Commission makes use of when it considers that they may be the most effective means of redress.