Infringement Procedure How EU law is enforced

As of: 06/09/2021 4:21 p.m.

In order to enforce the law of the European Union in the EU states, there is the infringement procedure. It can lead to heavy fines. By Christoph Kehlbach, ARD legal editors The law of the European Union is to be implemented in the EU member states. There is a formal procedure to enforce this: the infringement procedure. In extreme cases, the European Court of Justice can impose very considerable penalties as a means of pressure.

Reason: breach of obligation under the EU treaties

As a rule, infringement proceedings are initiated by the EU Commission. And then when it comes to the conclusion that a member state of the European Union is not complying with EU law. This is where the EU Commission’s designation as the “guardian of the EU treaties” comes from. Specifically, it can mean that the respective state does not transpose an EU directive into national law. Such directives regulate, for example, EU-wide consumer protection. All member states are obliged to implement them. Or that a state enacts laws that run counter to an obligation under the EU treaties. For example, because they impermissibly restrict the free movement of goods and services. The commission then first contacts the state directly. If that doesn’t help, she can ultimately bring the case to the European Court of Justice (ECJ).

As a rule, the EU Commission initiates infringement proceedings. Image: picture alliance / dpa / XinHua It is also possible that it is not the Commission but another EU country that initiates infringement proceedings. However, he must first contact the Commission. Only if this remains inactive can this state take legal action directly at the ECJ. That happens very rarely. A prominent example of such an exceptional case was the dispute over the car toll planned by the federal government for cars that are not registered in Germany: Austria saw this as discrimination and became active after the EU Commission had not acted. Ultimately, this is how the toll came before the ECJ. This overturned her in a spectacular decision in the summer of 2019 : The court came to the judgment that the toll discriminates against citizens and companies from other EU countries and thus restricts the freedom of goods and services.

Three-step process

In the vast majority of cases, however, it is the commission itself that takes action on its own initiative. The “normal” procedure is clearly regulated: If the EU Commission sees a violation, it demands one first step write to the state concerned to comment. The country must then respond within a specified period. Usually this period is two months. Now it is at least conceivable that Brussels will be persuaded by this response letter, i.e. that it will understand that there is no violation of EU law. Then the process ends at this point. However, if the Commission comes to the conclusion after an answer that there is indeed a violation of EU law, then it gives in one second step issued an official statement. In this, the Commission justifies its view and calls on the state to ensure that the situation that is contrary to EU law is ended. Within a further period (again it is usually two months) the state must then provide information about what it has done for this purpose. If the state does not meet its duty within this period, or does so insufficiently, the commission may in a third step bring the case to the European Court of Justice (ECJ). The judges in Luxembourg then give a judgment on the matter. Such a judgment against Germany there was, for example, the beginning of June 2021 : It was about the years Exceeding limit values ​​for nitrogen dioxide . If the ECJ is right to the Commission, i.e. if, as in this case, there has been a violation of the EU treaties, the state concerned must then take action to remedy this situation. Or prove that the illegal situation has already been eliminated.

In infringement proceedings, the European Court of Justice decides whether EU law has been violated – and can ultimately even impose high fines. Image: picture alliance / dpa

Financial sanctions possible after judgment

If a state still does not meet its obligations after such a ruling by the ECJ, the EU Commission can appeal to the ECJ again. This second court case is about financial sanctions. At the proposal of the Commission, the ECJ can then set a regular penalty payment against the state, or levy a lump sum – or combine both. The longer a state allows a violation of the EU treaties to persist, the more expensive it becomes. For example, due to data protection violations, lump-sum payments in the double-digit million range do occur – often combined with a daily penalty rate of tens of thousands of euros. Such penalties are always only the very last step.

Particularly delicate situation

The infringement procedure regarding the ECB judgment from Karlsruhe is particularly tricky: Because this is not simply a matter of Germany failing to transpose an EU legal norm into national law or failing to achieve certain benchmarks. Rather, the subject of the specific infringement proceedings is for the first time a judgment by the highest German court. To be more precise: A judgment in which the Federal Constitutional Court found that the European Central Bank (ECB) and also the ECJ have exceeded their competences . Ultimately, if the proceedings are not terminated beforehand, a curious situation could arise: the ECJ could decide whether a ruling by the Federal Constitutional Court, which certifies that the ECJ has made a massive error, violates EU law.

These regulations are part of the EU’s effort to regulate the AI ​​sector and catch up with the US and China in an area that spans from voice recognition to insurance and law enforcement.

This draft provision would prohibit general supervision of citizens, as well as any technology used to manipulate citizens’ behavior, opinions or decisions. The application of AI in the military field is not within the scope of these regulations.

Violations of the aforementioned regulation, depending on the severity, can result in businesses being fined up to 4% of global revenue.

To encourage innovation, Brussels also wants to provide a clear legal framework for billionaires in all 27 member countries of the bloc.

To achieve this, the draft regulation states that companies will require a special validation of deemed “high-risk” applications before being allowed to hit the market.

High-risk systems are those that have “the function of identifying people in public places from a distance through biometric features”, as well as “factors of security in institutions. important public infrastructure ”.

In addition, applications not considered “high risk” will not be subject to any additional regulations other than the applicable ones.

Google and other major tech corporations are very interested in the EU’s AI strategy, as Europe is often the place that sets the standard for how technology is governed around the world.

Last year, Google warned the EU’s definition of AI was too broad and Brussels had to avoid excessive control over a key technology.

The above draft regulations must be ratified by member countries and get the approval of the European Parliament before they can be applied./.

Attending the meeting were Member of the Party Central Committee, Standing Deputy Secretary of Hanoi City Party Committee Nguyen Thi Tuyen; Deputy Minister of Home Affairs Tran Anh Tuan; Member of the Standing Committee of the Party Committee, Head of the Party Committee of Hanoi’s Party Committee, Bui Huyen Mai; Member of the Standing Committee of Hanoi City Party Committee, Standing Vice Chairman of Hanoi People’s Committee Le Hong Son; leaders of departments, branches of the city and 13 counties and towns.

Conference scene

Introducing the basic contents of Decree No. 32/2021 / ND-CP of the Government, Deputy Director of Local Government Department (Ministry of Home Affairs) Nguyen Anh Duong said, Decree No. 32/2021 / ND- CP includes 6 chapters and 33 articles. The Decree details and measures to implement the National Assembly’s Resolution No. 97/2019 / QH14 dated November 27, 2016 on the pilot organization of the urban government model in Hanoi city. The Decree includes the following contents: Organization and operation, the responsibility regime of the People’s Committee, the chairman of the ward People’s Committee; recruiting, using and managing civil servants working at the ward People’s Committee; organizing the implementation of national defense and security tasks, measures to ensure social order and safety, combating crime and other illegal acts …

Notably, the Decree regulates the payroll of ward civil servants on the payroll of civil servants under the People’s Committees of districts and towns and managed and used by the People’s Committees of districts and towns. Organizational structure of the ward People’s Committee includes: Chairman of the ward People’s Committee, vice chairman of the ward People’s Committee, the chief of the ward police station, the chief commander of the ward military command board and the office workers – statistics, cadastral – construction – urban and environment, finance – accounting, justice – civil status, culture – society.

Ward People’s Committee works under the regime of heads. The Chairman of the ward People’s Committee is the head, responsible for leading, managing and administering the work of the ward People’s Committee according to the working regulations of the ward People’s Committee, ensuring the principle of democratic centralization and compliance with legal regulations. the law. The Decree also specifies the responsibilities of the chairman, vice chairman of the ward People’s Committee, and other civil servants of the ward in the course of performing the tasks.

In order to reduce the workload, improve the responsibility of civil servants and serve the people quickly, the Decree allows the chairman of the ward People’s Committee to authorize civil servants to hold judicial titles – civil status to sign for authentication. and stamp of the ward People’s Committee for authenticating copies from originals …

Soon there will be specific instructions

At the conference, the leaders of the districts said that most of the questions and wishes of civil servants at the grassroots level have been fully answered. Answering some more issues, Deputy Minister of Home Affairs Tran Anh Tuan stated: “The Ministry will discuss with the Central Organizing Committee how to implement satisfactorily, in a reasonable manner, so that ward-level civil servants will trust , Working safely”.

Hanoi Party Committee Standing Deputy Secretary Nguyen Thi Tuyen speaks at the conference

Directing at the conference, Standing Deputy Secretary of the City Party Committee Nguyen Thi Tuyen said that the city has proposed many contents to build an effective urban government, in accordance with the characteristics of the capital and are all approved by the Ministry of the Interior support service.

The Standing Deputy Secretary of the City Party Committee stated a rather important content, such as whether the cadres who are currently secretaries, deputy secretaries, and heads of mass organizations, who are ward civil servants, will be transformed into district civil servants? If transferred, he / she is a civil servant of the District Party Committee or the District People’s Committee; How budget is estimated, how to authorize revenue … “We hope the Ministry of Home Affairs will soon discuss with the Central Organizing Committee to soon have specific instructions,” said the Standing Deputy Secretary of the Party Committee. The Standing Party Committee proposed the Ministry of Home Affairs and the city to soon assign additional staff to the districts; has regulations on the apparatus of wards; soon regulate the civil service regime when transferring to district civil servants. “The City Party Committee will soon work with the Central Organizing Committee to provide early guidance on issues that are still concerned. The City Party Committee will also direct the City People’s Council Party Committee to soon issue policies related to the transition of budgets and policies with redundant cadres; directing the Fatherland Front, the city unions to direct the grassroots level in 175 wards, strengthen supervision and promote grassroots democracy with clear operating regulations ”, the Standing Deputy Secretary of the City Party Committee affirmed. Urgent implementation of the schedule and planReceiving the direction, Hanoi People’s Committee Standing Vice Chairman Le Hong Son emphasized, in order to carry out its tasks, the Department of Justice should coordinate with the Department of Information and Communications, the Department of Home Affairs to edit propaganda materials to send to the districts. and Son Tay town. Propaganda proposed to combine with propaganda on the election of People’s Councils at all levels synchronously and effectively.

Hanoi People’s Committee Standing Vice Chairman Le Hong Son speaks at the conference

Immediately after the conference, the districts and towns reported to the Standing Committee of the District Party Committee to hold conferences at the grassroots level; especially doing well ideological work for local officials to feel secure in their work. The city will continue to coordinate with the Ministry of the Interior and relevant agencies for further guidance on staffing work.
In addition, the Vice Chairman of the City People’s Committee suggested the units urgently review the contingent of cadres to develop the arrangement and arrangement plan according to the State’s regulations. This is an opportunity to review staff, change the way of working at the grassroots level. Units also need to review the team of mass organizations at the grassroots level. There is still a situation in which there is a dark workplace, a messy place, leading to disunity.
The Standing Vice Chairman of Hanoi People’s Committee Le Hong Son noted that the time for pilot implementation of urban government is from July 1, units need to focus on grasping and implementing urgently on the roadmap. City plan has set out, fully grasp the aspirations of grassroots cadres – along with ensuring the important task is to successfully organize the election of National Assembly deputies and People’s Councils at all levels …