Failure to implement EU legislation

V1.231 Introduction

Member states sometimes fail to fulfil the obligation to implement fully into national law the provisions of directives. Legal action may be taken by the Commission against the member state in question under EU Treaty art 2581 or by another member state under art 2592. Infringement may also be committed by a member state through the enactment or maintenance in force of legislation incompatible with provisions of Community law laid down in the EU Treaty or in legislation such as a directive.

The Court of Justice of the European Union has stated that since governments of member states participate in the preparatory work for directives they must be in a position to prepare, within the time prescribed, the draft national legislative provisions necessary for their implementation3.

EU Treaty art 2584 provides that—

“If the Commission considers that a member state has failed to fulfil an obligation under this Treaty, it shall deliver a reasoned

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