The Application of EU Law?

The EU commission takes responsibility for that all EU countries adhere to EU law. (their statement below) This may be confusing at when it comes to matters such as residency, the importation of vehicles, driving licences and other, it appears that the individual countries can and do interpret the laws as they wish. Can this be due to this sentence ‘EU law – which has equal force with national law’

The European Commission is the institution responsible for ensuring EU law is applied throughout all Member States.

The Secretariat-General helps the Commission manage the work involved in this. Broadly speaking this entails keeping track of the measures taken by the authorities in the Member States to incorporate EU law into their national law and taking action when they fail to do so properly. The Commission also has special responsibility for enforcing EU competition policy – this involves monitoring support (known at the Commission as “State aid”) given by national authorities to commercial organisations.
The Secretariat-General ensures the Commission follows the proper rules and procedures for doing this work.

Infringements of EU law

The Secretariat-General manages the Commission’s decision-making procedure in connection with suspected and established infringements of EU law. These may be breaches alleged in a complaint or breaches the Commission discovers on its own initiative. The Commission also takes action where national authorities fail to notify it by the required deadline of measures they have taken to implement specific EU laws (directives).
State aid

The Commission also manages the decision-making process involved in determining whether government support to undertakings is legal or not. Again, sometimes it is notified of this support by outside complaints and sometimes it uncovers cases on its own initiative.

EU law – which has equal force with national law – confers rights and obligations on the authorities in each Member State, as well as individuals and businesses. The authorities in each Member State are responsible for implementing EU legislation in national law and enforcing it correctly, and they must guarantee citizens’ rights under these laws. Anyone may lodge a complaint with the Commission against a Member State for any measure (law, regulation or administrative action) or practice attributable to a Member State which they consider incompatible with a provision or a principle of EU law.

You do not have to demonstrate a formal interest in bringing proceedings. Neither do you have to prove that you are principally and directly concerned by the infringement complained about. To be admissible, a complaint has to relate to an infringement of EU law by a Member State. It cannot therefore concern a private dispute.
The Commission will handle your complaint in line with the administrative measures defined in the Communication from the Commission on updating the handling of relations with the complainant in respect of the application of Union law [COM(2012) 154 final].

If you feel that in the handling of your complaint, the Commission has not followed these rules appropriately you may contact the European Ombudsman under Articles 24 and 228 of the TFEU (Treaty on the Functioning of the European Union).

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.