Fines and non-compliance with EU policies


I) Research into non-compliance with EU policies has turned into a growth industry during the past 20 years. To allow an easier access to the multitude of diverse (and in their findings often divergent) projects all over the world, the EIF has established databases covering the qualitative and the quantitative research, respectively.

In that context, Dimiter Toshkov (and co-authors) have also published relevant working papers.

Compliance Database
Implementation Database

Working Papers:
Toshkov WP 1
Toshkov WP 2

II) 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”, funded by the "Austrian National Bank Anniversary Fund", 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



Applying, Enforcing and Implementing European Union Rules. In: Oxford Research Encyclopedia of Politics. Oxford University Press, Oxford, 2020.

A causal loop? The Commission's new enforcement approach in the context of non-compliance with EU law even after CJEU judgments. in: Journal of European Integration, 2018, Vol. 40(6), pp. 769-784.

Kontrolle der Umsetzung und Anwendung des EU-Rechts: Reformerfordernisse in Zeiten der Krise? in: Jaeger, Thomas (Hg.): Europa 4.0? Die EU im Angesicht politischer und technologischer Herausforderungen, Jan Sramek Verlag, Vienna, 2018, pp. 271-291.

Implementation and enforcement of EU policies, in: Laurie Buonanno and Nikolaos Zahariadis (eds.), Handbook of European Public Policy, Abingdon and New York: Routledge, 2018, pp. 323-330.