Annexes to COM(2007)502 - A Europe of Results - Applying Community Law - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2007)502 - A Europe of Results - Applying Community Law. |
|---|---|
| document | COM(2007)502  |
| date | September 5, 2007 |
Increased transparency
Transparency and improved communication are key to relations with the European institutions and the broader public. Citizens, businesses, civil society, national and regional administrations, the European Parliament and national parliaments are all interested in the application of law. The Commission already publishes much information in its annual report. It provides summary information to complainants on all main steps taken on their complaints, assists the Committee on Petitions, informs other committees in Parliament on-demand and responds to Questions and Ombudsman inquiries.
The Commission will continue to increase transparency, making general information available on the performance of the new approach to dealing with correspondence, enquiries and complaints. It will ensure that summary information is published on all stages of infringement proceedings from the letter of formal notice as they progress. An existing database will be adapted for this purpose. In accordance with rules on access to documents and the need to ensure the effectiveness of the infringement procedure, the Commission will continue to maintain confidentiality on the content and timing of contacts with Member States while the relevant issues are under investigation.
The Commission will also publish more information on: approaching deadlines for implementation and performance of Member States in implementation and communicating correlation tables. It will initiate action to provide open access to its electronic data base containing transposition notification and correlation tables pending the completion of arrangements for access to national databases. The Commission will continue to develop the EU law portal on the Europa website.
IV. CONCLUSION
The timely and correct application of Community law is essential to maintain a strong foundation for the European Union and ensure that European policies have intended impacts, bringing benefits to citizens. The European institutions and Member States share an interest in keeping this foundation strong and need to make an even stronger commitment to assign high priority to the correct application of law.
This communication describes the actions which the Commission will take to improve the application of Community law as well as the contributions sought from Member States, Parliament and Council in this regard.
Annex Areas of Community law proposed for evaluation
[1] Covering European Community- and Euratom Treaty-based law and other international instruments. An important body of legislation has been built up, especially through Framework Decisions under Article 34(2)(b), under Title VI of the EU Treaty. Member States have a binding obligation to transpose this legislation into national law although infringement proceedings are not available to enforce the law. This area of EU law is not covered by this communication.
[2] COM(2002)725 and COM(2006)689
[3] EP No :2005/2150(INI) (FINAL A6-9999/2006)
[4] Article 10 EC Treaty
[5] Article 211 EC Treaty
[6] After taking the first step of sending a letter of formal notice and the second step of adopting a reasoned opinion (Article 226 EC Treaty). In some areas, such as agricultural policy and other funding programmes, where there are directly applicable provisions, audit and accounts clearance mechanisms can reduce recourse to infringement proceedings.
[7] Judgement of 10 April 2003, Commission v. Germany (C-20/01 and C-28/01, Rec. p. I-3609) (cf. points 29-30) and Case C-471/98 Commission v Belgium [2002] ECR I-9861, paragraph 39).
[8] Article 228 ECT and document SEC(2005)1658: Communication on the application of Article 228 EC Treaty.
[9] Approaching 1000 own-initiative cases (30%), nearly 1700 complaint-related cases (51%) and approaching 600 non-communication cases (19%).
[10] Recent EU enlargements and the volume of Community legislation adopted in recent years creates a potential for an increase in the number of issues arising.
[11] Latest processed statistics for 2005 which largely correspond with those for earlier years.
[12] Directives are converted into national law by the Member States, to be incorporated into the national legal context. Regulations are directly applicable in each Member State. Replacing directives with regulations can, when legally possible and politically acceptable, offer simplification, as they enable: immediate application and can be directly invoked before courts by interested parties.
[13] Beyond existing actions in criminal, civil, commercial, competition and environmental law.
[14] http://ec.europa.eu/solvit/site/index-en.html
[15] Without prejudice to existing rapid alert systems, the SOLVIT mechanism or areas of directly applicable law, where specific provision is made for the division of competence between the Commission and Member States for the application of the law, such as financial disbursements in the fields of agriculture and the main Community funds.
[16] E.g. EU network of national investigative and enforcement authorities under Regulation 2006/2004.
[17] COM(2002)141.
[18] Judgment of 10 April 2003, Commission v. Germany (C-20/01 and C-28/01, Rec._p._I-3609) (cf. points 29-30)Community and Case C-471/98 Commission v Belgium [2002] ECR I-9861, paragraph 39).
[19] Ibid. 2002 Communication, section 3.1 and Commission Communication on the application of Article 228 of the EC Treaty (SEC (2005) 1658), para 16.4 giving some elements for the identification of the effects of infringements on general or particular interests in the context of the coefficient for seriousness.