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Fines and non-compliance with EU policies

 

In some cases, EU Member States will not obey EU rules even after having been condemned by the European Court of Justice (ECJ). Since the Treaty of Maastricht, the Commission has the possibility to seize the ECJ a second time and even call for fines.
This research by Gerda Falkner follows up on cases studied in an earlier project (“Hard Cases of Non-Compliance with EU Law: Implementation Theories in the Light of Second ECJ Referrals”, gefördert vom "Jubiläumsfonds der Österreichischen Nationalbank", Project number 13261, duration 2009 – 2014) and collected in a database.

We ask: is there one dominant pathway leading up to second proceedings? Which role has motivated non-compliance as opposed to issues of diverging interpretations? And what does this teach us about penalization as a more or less useful means to end persistent non-compliance cases?

Link to the database: Archive of ECJ Penalization Proceedings

 

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