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Migration and Home Affairs
6 August 2024

EU law monitoring

What is an infringement procedure?

According to the EU treaties, the Commission may take legal action – an infringement procedure – against an EU Member State that implements EU law incompletely or incorrectly. The Commission may refer the issue to the Court of Justice, which can impose financial sanctions.

The Commission identifies possible infringements of EU law on the basis of its own investigations, the communication of transposition measures submitted by Member States or following complaints from citizens, businesses or other stakeholders.

The stages of an infringement procedure

If a Member State fails to communicate measures transposing directives into their national legal order (e.g. adopting national laws fully implementing the content of a directive in the national legal order), or doesn’t rectify a violation of EU law (e.g. the breach/bad application of the EU Treaties, Regulations, Directives, Decisions etc.), the Commission may launch a formal infringement procedure. The procedure follows a number of steps laid out in the EU treaties, each ending with a formal decision:

Annual report on monitoring the application of EU law

The Commission also publishes an annual report reviewing key aspects of the application of EU law and presenting relevant implementation and enforcement actions by policy area and country.

Annual reports on monitoring the application of EU law

EU Home Affairs law infringement

DG HOME is responsible for ensuring that Member States apply EU Home Affairs law correctly. 

Infringement cases and decisions