The European Commission has today put forward a series of proposals to improve the application of Community law by Member States. The Commission, as part of its better regulation priority, aims at having Community law implemented more effectively and at resolving more quickly complaints made by citizens and business. To maintain Europe’s competitiveness in a fast changing world, it is important that policy-making is responsive to citizens’ and business interests. The Commission, as guardian of the treaties, sets out a programme of possible improvements. It seeks to identify, through different instruments, the implementation issues in preparing new or amending legislation. It aims at a renewed commitment from Member States to improve information-provision and problem-solving for citizens and business. It commits itself to: more targeted problem-prevention; increased efficiency through more frequent decision-taking and prioritisation in the management of legal proceedings brought by the Commission; as well as increased transparency in the application and enforcement of the law. It suggests more strategic planning of the implementation, management and enforcement of Community legislation and increased review of results between Commission, Parliament and Council.
President of the European Commission, José Manuel Barroso, said: “EU policy is designed to meet the needs and interests of EU citizens and business. EU legislation, designed to implement different policies, does not fully serve its purpose if it is not correctly applied. As guardian of the Treaties, the Commission needs to be even more efficient in making sure that the law is applied by Member States. The proposals adopted today underline the need for partnership between the EU institutions and Member States to ensure better regulation throughout the whole policy cycle. Implementing Community law must be a priority for all Member States. And where problems arise complaints need to be dealt with in a more efficient and quicker way than at present.”
The Communication sets out four main areas of action: more targeted preventive measures; improved information-provision and problem-solving; a more efficient management of infringements cases by prioritising to ensure the greatest benefit to the greatest number in the management of legal proceedings where problems persist; and increased transparency. Parliament, Council and, most of all, Member States are asked to increase the attention paid to this part of the Better Regulation agenda. One of the most important suggestions is for the Commission to test with Member States possibilities of working more pro-actively to find quick answers and solutions to citizens’ enquiries and complaints, thereby improving citizens’ understanding, and facilitating the exercise, of their rights, while reducing the number of infringement proceedings.
The Commission proposes the following main improvements :
1. More targeted preventive measures:
Increased attention to implementation and enforcement aspects in all stages of development of new legislation (e.g. in Impact Assessments).
The Commission will systematically nominate contact points for each new legislative measure and request Member States to do likewise.
The Commission will continue to systematically include in proposals the obligation to present “correlation tables” and seeks the commitment from Council and Member States to support the provision of these tables.
Verification of Member State support of complementary training for judges and civil servants.
2. Improved information-provision and problem-solving
The Commission will seek commitment from Member States to work more actively to find constructive and quick solutions to problems with the aim of reducing the number of infringements.
Proposal to pilot a new working method for enquiries and complaints sent to the Commission to give member States the opportunity to provide information and solutions directly to the citizens within short deadlines.
3. Commission new commitment to seek for a more efficient management of infringement cases
The Commission will attach priority to those cases which present the greatest risks and widespread impact for citizens and businesses.
There will be defined general priorities (non communication and 228 cases) as well as annually fixed in certain sectors.
All complaints and infringements will be dealt with, but some more immediately than others in accordance to their importance and impact.
Commission will ensure more continuous decision-taking on infringements to avoid congestion and allow cases to be taken forward as soon as they are ready.
4. Increased transparency
With a view to strengthening inter-institutional dialogue the Commission will focus its future annual reports on strategic issues, evaluation of the current state of the law in different sectors, priorities and programming of future work.
To respond better and more consistently to interest, summary information will be published on all stages of infringement proceedings while maintaining confidentiality on content and timing of contacts with Member States.
The Commission proposes to publish more information on deadlines for and performance of Member States in the implementation of Community law.
The Commission will work towards providing open access to its electronic database containing national transposition measures and correlation tables, pending the introduction of access to national databases.
Further information can be obtained from the website of the General Secretariat at
http://ec.europa.eu/community_law/eulaw/index_en.htm
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