Outline example:
Introduction
(approx. 150 words)
- Briefly introduce the role of the European
Commission in enforcing EU law. - State the importance of ensuring EU law
implementation within Member States. - Outline the main points you will cover in
your essay.
The European
Commission’s Role and Tools (approx. 300 words)
- Discuss the European Commission’s role as
the guardian of the treaties and its responsibility to ensure that EU law
is correctly applied. - Overview of the tools at its disposal,
including: - Formal infringement proceedings (Articles
258-260 TFEU). - The EU Pilot mechanism for informal
dialogue with Member States. - Referrals to the Court of Justice of the
European Union (CJEU). - Financial penalties (as per Article 260
TFEU).
Analysis of the
Tools’ Adequacy (approx. 800 words)
- Formal Infringement Proceedings:
- Discuss the process from sending a letter
of formal notice to referring a Member State to the CJEU. - Analyze effectiveness with reference to
case law, e.g., Commission v. Italy (C-317/14) or other relevant cases. - Consider the impact of these proceedings
on Member State compliance. - EU Pilot Mechanism:
- Explain the EU Pilot mechanism and its
role in informal problem-solving between the Commission and Member
States. - Evaluate its effectiveness and efficiency
in addressing non-compliance before formal infringement proceedings. - Referrals to the CJEU and Financial
Penalties: - Discuss the impact of CJEU rulings on
Member State compliance. - Analyze the role of financial penalties
in ensuring compliance, with reference to cases where penalties have been
imposed, e.g., Commission v. France (C-416/17). - Limitations and Challenges:
- Discuss any limitations or challenges
faced by the European Commission in using these tools, such as political
considerations, the complexity of EU law, and the time-consuming nature
of legal proceedings.
Case Studies
(approx. 200 words)
- Provide one or two brief case studies that
illustrate the Commission’s use of these tools in practice. Choose cases
that highlight both successes and challenges in securing the
implementation of EU law.
Conclusion (approx.
150 words)
- Summarize the key points made in your
essay. - Conclude on the adequacy of the tools at
the European Commission’s disposal, considering their effectiveness,
limitations, and the balance between enforcement and Member State
sovereignty. - Suggest any potential improvements or
reforms that could enhance the Commission’s ability to ensure EU law
implementation.