In focus: the commission v the world - 40 New Infringement Proceedings

On 23 September Commission First Vice-President Frans Timmermans announced 40 new infringement proceedings against 19 nations (Austria, Belgium, Bulgaria, Cyprus, Germany, the Czech Republic, Estonia, Greece, Spain, France, Hungary, Lithuania, Luxemburg, Latvia, Malta, Poland, Romania, Sweden and Slovenia) – bringing the total of such ongoing proceedings to 75.

The proceedings relate to the nations’ failing to fully implement legislation making up the Common European Asylum System: “I honestly believe that one of the reasons why the asylum system isn’t working is because Member States aren’t applying the rules”, Timmermans said.

Specifically, the Member States in question are considered to have failed to implement the updated Qualification Directive (2011/95/EU), the revised Asylum Procedures Directive (2013/32/EU), and/or the Reception Conditions Directive (2013/33/EU).

The infringement proceedings consist of Letters of Formal Notice and Reasoned Opinions.

Letters of Formal Notice are the first formal step of an infringement procedure. After receiving this, Member States have two months to reply or to notify their transposition measures for the Directive to the Commission. In the absence of satisfactory replies or notification of national measures, the Commission can decide to send Reasoned Opinions. After Member States receive Reasoned Opinions, they have two months to respond to the Commission, notifying the latter of the measures taken to ensure full transposition, or bringing national legislation in line with EU law. Otherwise, the Commission may decide to refer them to the Court of Justice of the European Union, which may impose financial sanctions on the Commission’s request under Article 260(3) TFEU.