What is Effective Implementation of EU Law?

Abstract

Article 197 TFEU refers to the ‘effective implementation of Union law by the Member States’. Yet, neither the TFEU, nor the case law define the concept of ‘effective implementation.’ The purpose of this article is to extract from the case law possible meanings and relate them to specific actions that must be taken by the Member States. The judgments of the Court of Justice on infringements by Member States point towards certain elements and practices which are indispensable for the proper application of EU law. It is possible to place these inferred elements and practices into categories concerning methods (such as for example use of objective criteria, evidence-based decision making), procedures (for example decisions have to be motivated and explained, implementation procedures have to be open and transparent), institutional structures (for example separation of functions such as assessment and enforcement) and outcomes (for example preference for the least restrictive or the least distortive options).