EU law and its application
Regulations and decisions become binding automatically throughout the EU on their date of application. However, they may require changes in national legislation, and may require implementation by national agencies or regulators.
Directives on the other hand, must be incorporated by EU countries into their national legislation.
Each directive contains a deadline by which EU countries must incorporate its provisions into their national legislation and inform the Commission to that effect.
You can find out more by visiting the dedicated section on Types of EU law
EU countries implement and Commission supports
Member States play a key role in ensuring EU law is implemented correctly and in a timely manner. This is essential for people and businesses to optimally benefit from commonly agreed rules.
The Commission supports this by providing online information, organising expert group meetings and drafting implementation strategies and guidance documents (for example in the form of ‘Frequently Asked Questions’ published online). Commission-issued guidelines accompany Member States through the transposition process for directives and application of regulations, usually starting right after the adoption of an act.
Commission monitors
The Commission is responsible for making sure that all EU countries properly apply EU law. In this role, the Commission is referred to as the ‘guardian of the treaties’.
The Commission will therefore take steps if an EU country:
- does not fully incorporate a directive into its national law by the set deadline
- might not have applied EU law correctly
The 2016 communication EU law: Better results through better application explains how the Commission ensures the application, implementation and enforcement of EU law for the benefit of all citizens, consumers and businesses. It sets out a strategic approach and priorities for the Commission’s enforcement action.
The 2022 communication Enforcing EU law for a Europe that delivers presents the variety of tools that the Commission uses to ensure that EU law is properly applied in all cases to meet its main objective: that people and businesses benefit from the commonly agreed rules throughout the EU, as quickly as possible. From prevention to sanctions, the communication sets out how the Commission has deepened and developed its work on enforcement, to ensure that rights of Europeans are upheld equally, wherever they live in the EU.
Better regulation: why and how
Transposing directives
Directives need to be incorporated in Member States’ national legislation. Each directive contains a deadline for transposition. By that date EU countries must send the Commission the text of the national implementing measures, which incorporate the provisions of the directive into their legislation.
Delays in transposing EU law prevent citizens and businesses from enjoying the laws' benefits, create uncertainty as to what rules apply and negatively affect the functioning of the EU's internal market.
National implementing measures – how to find them on EUR-Lex
The Commission checks whether these national transposition measures are complete and meet the objectives set by the directive.
If this is not the case, the Commission opens an infringement procedure for 'non communication'. The Commission may also initiate an infringement procedure in the case of incorrect transposition of directives.
Commission investigates
In some cases, where the Commission identifies a possible breach of EU law, it may decide to use a pre-infringement process, known as EU Pilot, instead of the infringement procedure.
This is a tool that can be used where it is likely to lead to swifter compliance than a formal infringement procedure. It allows the Commission to resolve a number of cases without the need to move to an infringement procedure. This may be the case, for example, if the issues at stake are of a technical nature. It can also prove useful in cases where the Commission wishes to collect factual or legal information needed to carry out its assessment. It is not used where the breach of EU law is well-evidenced, obvious or self-acknowledged, nor is it used for more sensitive issues where discussions at technical level are less likely to lead to a successful outcome.
When countries fail to apply EU law
If national authorities fail to properly implement EU laws, the Commission may launch a formal infringement procedure against the country in question. If the issue is still not settled, the Commission may eventually refer the case to the Court of Justice of the European Union. In some cases, the Commission may request the Court to impose financial sanctions on the Member State concerned.
The main purpose of an infringement procedure is to ensure that Member States apply EU law in the general interest. They therefore focus on systemic issues affecting many people or businesses. In isolated instances of possible wrongful application of EU law, issues may be best addressed via the national redress system.