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The Monitoring of the Application of Community Law: The Need to Improve the Current Tools and an Obligation to Innovate

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  • Rodolphe Munoz

Abstract

This paper aims to make a state of play of the monitoring of the application of Community law. Indeed, despite numerous Treaty reforms and several enlargements, this control is still governed by the same principles. First, I have tried to analyse the different mechanisms to control this application: ex-ante mechanism such as the notification Directive (98/34/EC), ex-post mechanism such as infringement actions and hybrid mechanism such as Solvit. Second, I have proposed several ideas in order to improve the current situation. One of the main arguments is to suggest a new mechanism able to deal with the lack of transposition of Directives. Furthermore other aspects are explored such as the necessity to include the European Parliament in the control of the application of European law.

Suggested Citation

  • Rodolphe Munoz, 2006. "The Monitoring of the Application of Community Law: The Need to Improve the Current Tools and an Obligation to Innovate," Jean Monnet Working Papers 4, Jean Monnet Chair.
    • Handle: RePEc:erp:jeanmo:p0234
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    Cited by:

    1. Yaning Zhang, 2022. "Limits of Law in the Multilevel System: Explaining the European Commission's Toleration of Noncompliance Concerning Pharmaceutical Parallel Trade," Journal of Common Market Studies, Wiley Blackwell, vol. 60(4), pages 1001-1018, July.

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