The European Union has rules that must be followed by all its member countries. These rules are in place to make sure everyone is treated fairly and has the same rights. The European Commission is like a watchdog, making sure countries follow these rules. If a country doesn’t follow the rules, the Commission can take action. There are two ways the rules are enforced: the EU institutions can handle it directly, or national courts in each country can make sure the rules are being followed. The EU’s top court helps decide how the rules should be applied.
Foundational Principles of EU Law Enforcement
The effectiveness of EU law depends on a few key legal principles developed by the Court of Justice of the European Union. Direct effect, established in Van Gend en Loos, allows individuals to rely directly on certain clear and unconditional EU rules before national courts, giving them enforceable rights. Primacy, confirmed in Costa v ENEL, means that EU law prevails over conflicting national law, and national courts must ignore domestic rules that go against EU law. State liability, introduced in the Francovich case, allows individuals to claim compensation from a Member State when serious breaches of EU law cause them harm. Together, these principles allow individuals to enforce EU law through national courts while ensuring that EU law remains supreme and effective across all Member States.
Centralized Enforcement: Infringement Proceedings
The main way the EU ensures that Member States follow EU law is through infringement proceedings under Articles 258–260 TFEU. Under Article 258, if the European Commission believes a Member State has not met its EU obligations—such as failing to implement a directive, applying EU law incorrectly, or breaching it in general—it first gives the State a chance to explain its position. If the problem is not resolved within the set time, the Commission may take the case to the Court of Justice of the European Union (CJEU). The process usually starts with an informal stage (EU Pilot), where the Commission asks questions and the Member State responds, aiming for a quick solution. If this fails, the formal process begins with a letter of formal notice, followed by a reasoned opinion setting a deadline for compliance, and finally a referral to the CJEU if the breach continues. While many cases begin with complaints from individuals or organizations, the Commission decides whether to pursue them, and the Court’s role is to declare whether a breach has occurred.
Article 260 TFEU: Penalties for Non-Compliance
Article 260 TFEU deals with what happens when a Member State does not follow a judgment of the Court of Justice of the European Union (CJEU). If the Court finds that a Member State has breached EU law, the State must take steps to comply with the judgment. If it fails to do so, the European Commission can take the case back to the Court and ask for financial penalties, such as a one-time lump sum or daily fines until compliance is achieved. The Commission may also request penalties directly when a Member State fails to inform the EU about measures taken to implement an EU directive on time. These rules ensure that Member States take EU law seriously, while Article 259 TFEU also allows one Member State to bring a case against another, though this is rarely used.
Decentralized Enforcement: Role of National Courts
National courts enforce EU law in individual cases, supported by:
Article 267 TFEU: Preliminary Rulings
Article 267 of the Treaty on the Functioning of the European Union (TFEU) allows national courts to ask the Court of Justice of the European Union (CJEU) for guidance on EU law.
Under this article, the CJEU can give rulings on:
(a) how the EU Treaties should be interpreted, and
(b) whether acts of EU institutions are valid and how they should be understood.
If a question about EU law arises in a case before a national court, that court may ask the CJEU for a ruling if it thinks the answer is necessary to decide the case. However, if the case is before a court of last instance (a court whose decision cannot be appealed), that court must refer the question to the CJEU, unless the meaning of the law is already clear (the acte clair exception).
This system creates cooperation between national courts and the CJEU and helps ensure that EU law is interpreted and applied uniformly across all Member States.
Although individuals cannot directly ask the CJEU for a preliminary ruling, they can rely on EU law before national courts through principles such as direct effect, primacy of EU law, and state liability, which national courts then enforce with guidance from the CJEU.
Other Mechanisms and Recent Developments
In addition to infringement actions, the EU uses other tools to protect EU law and the rule of law. These include the Rule of Law Framework, such as the annual Rule of Law Report and Article 7 TEU procedures, which address serious and systemic threats in Member States. The European Commission also uses preventive tools, like helping countries correctly apply EU law and holding informal discussions to solve problems early. In 2024–2025, enforcement has focused on key areas such as the single market, environmental protection, and digital regulations, with greater emphasis on preventing violations while still using legal action firmly when needed. Overall, effective enforcement depends on cooperation between the Commission, the Court of Justice of the EU, and national authorities, balancing national sovereignty with EU integration and protecting citizens’ rights.
Conclusion
The enforcement of European Union law rests on a balanced and cooperative system that combines centralized oversight by EU institutions with decentralized application by national courts. Through infringement proceedings, financial penalties, and foundational principles such as direct effect, primacy, and state liability, EU law is made effective and uniform across all Member States. The preliminary ruling mechanism further ensures consistent interpretation while respecting national judicial autonomy. Together with newer rule of law and preventive mechanisms, this framework safeguards the supremacy of EU law, promotes compliance, and protects the rights of individuals, thereby reinforcing legal certainty, integration, and the credibility of the European Union’s legal order.
