Considerations on the Infringement Procedure against Romania

  • Crina Mihaela Verga Lecturer Ph.D., "George Bacovia" University of Bacau, "Al. I.Cuza" University of Iasi
Keywords: infringement, European Union, the states' practice, Romania

Abstract

This paper is a study of the infringement procedure, as it is regulated at EU level. Thus, we first analyze the existing legal framework on the matter. The implementation of this procedure in various Member States of the European Union and its consequences are then presented. Last but not least, the article refers to a series of aspects regarding the fields in which the procedure was directed against Romaniasince its integration into the EU.

The purpose of the essay is to present in detail Romania's situation regarding the violation of EU’s law.Thus, a comparative presentationthroughout time of the number of such proceedings launched against the Romanian state was made.A relevant case in which Romania was tried and convicted was also presented in detail.The large number of cases launched in 2021 highlights the delays registered by Romania on the matter.

The measures ordered by the Romanian government through the elaborated the Annual Transposition Plan-2021must be carefully and systematically implemented. Romania could also consider and effectively apply the examples of good practice from the other EU’smember states.

The historical and the comparative methods used in this presentation revealboth the similarities between the application of this procedure in the EU Member States under review as well as the differencesand its succession in time.

The article is important not only for the scientists, but also for the practitionersto dispose all the necessary measures that are required.

References

European Commission. (2017). Formular de plângere privind încălcarea dreptului UE [Complaint form for breach of EU law]. European Commission. https://ec.europa.eu/assets/sg/report-a-breach/complaints_ro/

European Commission. (n.d). Infringement decisions. European Commission. https://ec.europa.eu/atwork/applying-eu-law/infringements-proceedings/infringement_decisions/index.cfm?lang_code=EN&typeOfSearch=false&active_only=1&noncom=2&r_dossier=&decision_date_from=&decision_date_to=&EM=RO&title=&submit=Search

European Commission.(2020a). Communication from the Commission. Updating of data used to calculate lump sum and penalty payments to be proposed by the Commission to the Court of Justice of the European Union in infringement proceedings. Official Journal of the European Union. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52020XC0911(01)

European Commission. (2020b). Commission report and factsheets on monitoring the application of EU law. European Commission. https://ec.europa.eu/info/publications/2019-commission-report-and-factsheets-monitoring-application-eu-law_en

European Comission. (2020c). European Commission v Romania Case C 638/18.2020. Judgment of the Court. https://curia.europa.eu/juris/document/document.jsf?text=&docid=226008&pageIndex=0&doclang=RO&mode=lst&dir=&occ=first∂=1&cid=2176517

European Comission. (2020d). 16 July 2020. Case C 549/18. Judgement of the Court, Grand Chamber. https://curia.europa.eu/juris/document/document.jsf?text=&docid=228664&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first∂=1&cid=2173312

European Commission. (2021). Brussels Communication from the Commission. Adjustment of the calculation for lump sum and penalty payments proposed by the Commission in infringement proceedings before the Court of Justice of the European Union, following the withdrawal of the United Kingdom. European Commission. https://ec.europa.eu/info/sites/default/files/communication_on_calculation_method_2021_en.pdf

Government of Romania. HOTĂRÂRE nr.561 din 10 mai 2009

pentru aprobarea Regulamentului privind procedurile, la nivelul Guvernului, pentru elaborarea, avizarea şi prezentarea proiectelor de documente de politici publice, a proiectelor de acte normative, precum şi a altor documente, în vederea adoptării/ aprobăr [Decision no. 561/2009 for the approval of the Regulation on procedures, at the Government level, for the elaboration, endorsement and presentation of draft public policy documents, draft normative acts, as well as other documents, for adoption/approval]. Monitorul Oficial, part 1, nr. 319 din 14 Mai, 2009 [Official Gazette, Part I, no. 319 of 14 May, 2009]. http://www.cdep.ro/pls/legis/legis_pck.htp_act?ida=88407

Judgement of the Court Grand Chamber. (2005). Case-304/02. 12 July 2005. Grand Chamber https://eurlex.europa.eu/legalcontent/EN/TXT/PDF/?uri=ecli:ECLI%3AEU%3AC%3A2005%3A444

Judgement of the Court Grand Chamber. (2019). Case C-543/17. European Commission v. the Kingdom of Belgium. Grand Chamber. https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62017CJ0543&from=EN

Romanian Gouvernament. (2021). Memorandum. Romanian Gouvernament. https://mae.ro/sites/default/files/file/anul_2021/2021_pdf/memorandum_guvern_plan_2021r.pdf

Published
2022-01-13
How to Cite
Verga, C. M. (2022). Considerations on the Infringement Procedure against Romania. LUMEN Proceedings, 17, 706-713. https://doi.org/10.18662/wlc2021/71