Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 18 September 2019

Abstract and Keywords

The infringement process contained in Article 258 TFEU and the related financial sanction in Article 260 TFEU have undergone some significant changes in the last decade. Although the relevant case law of the Court of Justice has remained static, the Commission has brought about changes in policy and administrative practice in its handling of infringement files. Further, changes to Article 260 TFEU made the imposition of financial penalities more efficient. However, familiar questions remain. There is concern over legitimacy, transparency, and accountability in relation Commission’s role as ‘guardian of the Treaty’ with respect to the infringement process. The sanction process has been more dynamic but raises questions as to its efficacy and flexibility. This chapter discusses the evolution of the infringement and sanction processes over the last decade, examining the changes in theoretical approach and the administrative operation and policy choices of the Commission, and looking to their future evolution.

Keywords: infringement, sanction, Court of Justice, Commission, administrative practice, legitimacy, transparency, accountability, efficacy

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.