Monitor Prawniczy

no. 14/2017

Imposing of financial penalties for non-fulfilment of the obligations under European Union’s law – theory and practice

Grzegorz Pawłowski
Autor jest praktykiem zajmującym się prawem cywilnym, handlowym i korporacyjnym w działalności gospodarczej i inwestycyjnej przedsiębiorstw.
Abstract

By joining the European Union Member States have delegated some of their powers to the Union’s bodies and agreed to incorporate into their internal legal systems regulations of the European Union. Such an adoption of the common rules together with the establishment of a hierarchy of legal acts and rules settling possible conflicts means a joint commitment to ensure the effectiveness of the EU law at a national level. Verification of the Member State’s actions as regards the guarantee of the effectiveness of EU law is made by the European Commission, which, depending on the nature of the breach or failure to fulfil its obligations under the Treaties, may apply one of the two procedures for non-compliance with EU law. The current conclusions of the Commission’s reports show that timely and proper implementation of EU legislation in national law remains a challenge, as evidenced by the significant number of pending and new infringement proceedings. The article presents the procedure for imposing financial penalties for non-compliance with European Union law, while pointing to the financial implications of possible penalties.