Application of EU law: Upholding rights, fundamental freedoms and the rule of law

the European Commission adopted its Annual Report on Monitoring the Application of EU Law. The report outlines the enforcement actions that the Commission took in 2021 to guarantee the protection of the rights and freedoms of citizens and businesses across the EU. The Commission also published its regular package of decisions on infringements.

The infringement decisions should be seen in the broader context of the Commission’s work to uphold rights, fundamental freedoms and the rule of law both within the Union. Earlier this week, the Commission presented the third annual Rule of Law Report, looking into the main trends and developments across the EU. As a preventive mechanism, the report brings attention to rule of law challenges, and for the first time this year, also gives specific recommendations to Member States. For those rule of law issues, which eventually deepen and constitute a breach of EU law, the Commission can resort to infringement procedures. While different in nature, both the Rule of Law Report and the infringements are important elements of the EU’s rule of law toolbox.

Upholding rights, values and the rule of law

For citizens and businesses to benefit fully from the advantages of the single market, a correct application of its rules is key. The Commission opened or pursued 13 cases against Member States to protect European businesses, particularly SMEs, against late payment in commercial transactions or to ensure the correct implementation of EU rules on public procurement and concession contracts. The Commission also took steps in 22 cases to enforce EU rules on the recognition of professional qualifications or to ensure that any new national requirements for regulated professions are necessary and balanced, and launched 24 cases to reinforce the practical application of the rules on posting workers.

Rule of Law Report 2022: Specific Recommendations for Spain

The Commission acted decisively to protect its common values and the rule of law. For example, it opened cases against 11 Member States for failing to comply with EU rules to fight racism and xenophobia, and launched cases against Hungary and Poland to protect the right to non-discrimination of LGTBIQ people. The Commission pursued cases against Poland to protect judicial independence. Overall, the number of new cases on justice, fundamental rights and consumers was at a record high compared to previous years.

As a matter of priority, the Commission acted to protect consumers and guarantee freedom of movement, put to the test by the COVID-19 pandemic. For example, the Commission took further steps in infringement proceedings against Member States for failing to comply with EU law when it came to the rights of travellers to obtain reimbursement for cancelled trips and monitored Member States’ implementation of the EU Digital COVID Certificate.

July infringements package: key decisions related to Spain and Environmental matters

Efforts to prevent violations from happening in the first place

For citizens and businesses to reap all the benefits of EU law, it is crucial that Member States swiftly transpose EU law into their legal order. The Commission increased its efforts to prevent infringements from occurring in the first place, providing early support to Member States to ensure a correct application of EU law, including the timely transposition of directives.

The correct application and enforcement of EU law remains a shared responsibility of Member States and EU institutions. To achieve swift compliance, or to collect information to perform its assessment, the Commission continued to make use of the EU Pilot process, an informal dialogue with Member States. The Commission opened 246 new EU Pilot files in 2021, an increase compared to 2020 (212). 81% of EU Pilot cases handled last year led to a solution with the Member States concerned, avoiding the need to resort to an infringement procedure.

More information: Press release – European Commission