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What Constitutes ‘Failure to Notify’ National Measures?

What Constitutes ‘Failure to Notify’ National Measures? Szilárd GÁSPÁR-SZILÁGYI* 1 INTRODUCTION In order to improve the functioning of infringement proceedings and the transposition of directives, the Treaty of Lisbon brought new changes. Article 260(3) of the Treaty on the Functioning of the European Union (TFEU) empowers the Commission to suggest monetary sanctions, already during the first Court litigation, against Member States that failed to notify transposition measures.1 The new Article also influences the date from which sanctions are counted. Thus, Member States that failed to communicate their transposing measures are liable from an earlier date.2 This ultimately affects the level of sanctions that can be imposed, a number that depending on the Member State's ability to pay, can easily reach several millions of Euros.3 Multiple acts or omissions can trigger infringement proceedings, therefore, the current analysis shall focus only on the `failure to notify' national measures as a ground for launching non-communication proceedings.4 Due to the infancy of the new provision and the lack of sufficient case-law, it is hard to draw any solid Szilárd Gáspár-Szilágyi, Department of Law, Aarhus University, PhD candidate. During my previous internship at the European Commission, I was given the task of handling multiple infringement cases and the difficulty in http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Public Law Kluwer Law International

What Constitutes ‘Failure to Notify’ National Measures?

European Public Law , Volume 19 (2) – Jun 1, 2013

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Kluwer Law International
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Copyright © Kluwer Law International
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1354-3725
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Abstract

Szilárd GÁSPÁR-SZILÁGYI* 1 INTRODUCTION In order to improve the functioning of infringement proceedings and the transposition of directives, the Treaty of Lisbon brought new changes. Article 260(3) of the Treaty on the Functioning of the European Union (TFEU) empowers the Commission to suggest monetary sanctions, already during the first Court litigation, against Member States that failed to notify transposition measures.1 The new Article also influences the date from which sanctions are counted. Thus, Member States that failed to communicate their transposing measures are liable from an earlier date.2 This ultimately affects the level of sanctions that can be imposed, a number that depending on the Member State's ability to pay, can easily reach several millions of Euros.3 Multiple acts or omissions can trigger infringement proceedings, therefore, the current analysis shall focus only on the `failure to notify' national measures as a ground for launching non-communication proceedings.4 Due to the infancy of the new provision and the lack of sufficient case-law, it is hard to draw any solid Szilárd Gáspár-Szilágyi, Department of Law, Aarhus University, PhD candidate. During my previous internship at the European Commission, I was given the task of handling multiple infringement cases and the difficulty in

Journal

European Public LawKluwer Law International

Published: Jun 1, 2013

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