Implementing EU Directives in Poland: Failure or Success?
The number of proceedings actually lodged against Poland will depend on individual EU Commissioners, who are now empowered to enforce specific directives within their respective sphere of responsibility, such as the environment, competition, and the internal market. The transgressions run the field, but tend to be concentrated within the scope of ensuring the free flow of goods, services and people. For instance, Poland's ban on the advertisement of alcohol (other than beer) violates Articles 14 and 28 of the EU Treaty regarding the free movement of goods within the internal market due to its disproportionate affect on foreign distilleries located in other member states.
Fifty isn't so bad
Although 50 violations may seem like failure, to be fair Poland compares very well to other member states, including not only the other newly admitted members, but also the original fifteen. Only one other new member state, Lithuania, has succeeded in implementing more EU directives than Poland. Our neighbors to the south, for one reason or another, seem to be asleep. The Czech Republic has not fully implemented 360 EU directives, followed by Slovakia at 193 and Hungary at 168. Further to the north, Latvia is facing 290 violations, followed by Estonia at 127. The worst offender is Malta, with more than 600 EU directives still to be fully implemented.
The original 15
In comparison to the original fifteen member states, Poland can hold its head high. France leads the list of original member states with 62 violations, followed by Greece at 59 and Germany at 53. The EU member state with the best record of implementation is Denmark, having only failed to fully implement 10 EU directives to date.
One big question mark
The number of violations reported with respect to the original fifteen member states has been verified by the EU. The number of violations reported by the new member states is based upon information provided by the member states themselves, and has not been verified by the EU. In other words, the number of violations reported by Poland and other new member states will most likely be subject to further change. The EU Commission may initiate additional legal proceedings if it discovers other violations independent of those reported by the new member states.
What next?
The total number of violations reported by the new member states exceeds 2000. Historically, the EU Commission has only been able to initiate on average 25 legal proceedings per month. At this rate it would take almost 7 years to file all complaints against the new member states, not counting the original member states. Add a couple of additional years for appeals and, well. . . you get the picture. Nothing will happen any time soon. Prior to initiating any legal proceedings, however, the EU Commission will first request a formal explanation from Poland for each of its reported violations. If Poland fails to respond in a satisfactory manner within two months of receiving such a request, the EU Commission will then provide Poland with a defined explanation as to why it believes Poland to be in violation, and demand that such violations be remedied within an additional two-month period. If Poland were to fail to fully implement the directive following this final demand, the EU Commission would then be entitled to lodge legal proceedings against Poland in the European Court of Justice.
Fifty isn't so bad
Although 50 violations may seem like failure, to be fair Poland compares very well to other member states, including not only the other newly admitted members, but also the original fifteen. Only one other new member state, Lithuania, has succeeded in implementing more EU directives than Poland. Our neighbors to the south, for one reason or another, seem to be asleep. The Czech Republic has not fully implemented 360 EU directives, followed by Slovakia at 193 and Hungary at 168. Further to the north, Latvia is facing 290 violations, followed by Estonia at 127. The worst offender is Malta, with more than 600 EU directives still to be fully implemented.
The original 15
In comparison to the original fifteen member states, Poland can hold its head high. France leads the list of original member states with 62 violations, followed by Greece at 59 and Germany at 53. The EU member state with the best record of implementation is Denmark, having only failed to fully implement 10 EU directives to date.
One big question mark
The number of violations reported with respect to the original fifteen member states has been verified by the EU. The number of violations reported by the new member states is based upon information provided by the member states themselves, and has not been verified by the EU. In other words, the number of violations reported by Poland and other new member states will most likely be subject to further change. The EU Commission may initiate additional legal proceedings if it discovers other violations independent of those reported by the new member states.
What next?
The total number of violations reported by the new member states exceeds 2000. Historically, the EU Commission has only been able to initiate on average 25 legal proceedings per month. At this rate it would take almost 7 years to file all complaints against the new member states, not counting the original member states. Add a couple of additional years for appeals and, well. . . you get the picture. Nothing will happen any time soon. Prior to initiating any legal proceedings, however, the EU Commission will first request a formal explanation from Poland for each of its reported violations. If Poland fails to respond in a satisfactory manner within two months of receiving such a request, the EU Commission will then provide Poland with a defined explanation as to why it believes Poland to be in violation, and demand that such violations be remedied within an additional two-month period. If Poland were to fail to fully implement the directive following this final demand, the EU Commission would then be entitled to lodge legal proceedings against Poland in the European Court of Justice.
