ACELG Discussion Group: Session 7
Tuesday, 2 March 2010, 1 p.m. University of Amsterdam, Faculty of Law, room E 3.03
Complements or substitutes?
The following paper will be discussed:
Catharina Koops: Complements or substitutes? European infringement procedures and alternative compliance mechanisms
This paper focuses on the interaction between the European infringement procedures and alternative compliance mechanisms. The correct and timely implementation of European Union (EU) law by the Member States (MS) is essential in order to ensure consistency in the application of EU law and thereby uphold the foundations of the Union. The goal of the infringement procedures is to induce MS compliance with EU law - not only in order to solve a particular case of non-compliance, but also to deter MS non-compliance on similar issues in the future. These two goals can only be achieved if the procedures work in an effective manner, and are capable in and by themselves of inducing compliance.
Over the past decade the Commission has constructed several mechanisms that work alongside the official infringement procedures, with the same goal of inducing compliance with EU law. It is unclear whether these mechanisms in practice act as substitutes to the infringement procedures, or whether they complement the original mechanism. It is important to understand how these later mechanisms affect the working of the infringement procedures: do they improve the effectiveness of the infringement procedures or should we see them as mechanisms separate from the formal procedures?
The paper researches the interplay between formal and informal compliance mechanisms. To this end, it discusses three alternative mechanisms and their interaction with the infringement procedures: the Internal Market Scoreboard (a mechanism that ranks compliance performances of MS for the area of the Internal Market), SOLVIT (an on-line problem solving network, also for the area of the Internal Market), and PILOT (a similar system, but for other areas of EU law as well).
Venue and registration
Venue: University of Amsterdam, Faculty of Law, room E 3.03
Time and Date: Tuesday, 2 March 2010, 1 p.m.
Everybody is warmly invited to join. However, participants are expected to have read the paper in order to to be able to fully engage in the discussion.
If you do wish to attend, please sign up to request the papers.
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