Author: Rodolphe Munoz

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

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.

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