EU ‘Rule of Law’? – 27 'infringement' cases against the UK, to be judged by the EU itself

And all 27 member countries are on “the Naughty Step”

Montage © Facts4EU.Org

Despite having left the EU, the UK is still being penalised by the Commission

The EU Commission has now produced so many EU laws, Directives, Regulations, and Rules that it is almost impossible for EU member countries to understand them all, let alone comply with them.

Yesterday Facts4EU.Org analysed the official EU Commission register of infringement proceedings. It totalled an extraordinary 2,030 items. Every single EU member country has transgressed and the number per country varies from 109 (Spain) down to 33 (Denmark).

The home country of the EU Commission, Belgium, was the third-worst offender, with 106 case numbers against its name.

Brexit Facts4EU.Org Summary

Infringement numbers by EU member country

Information correct as at 9.00am Thurs 29 Sept 2022.

[Source: EU Commission official register.]

© Brexit Facts4EU.Org 2022 - click to enlarge

This is “a nice little earner” for the EU Commission, in fines imposed

According to the EU treaties, the Commission may take legal action – an infringement procedure – against an EU country that fails to implement EU law. The Commission may refer the issue to the Court of Justice of the EU, which can impose financial penalties.

The procedure can take years but in end the Commission almost “always gets its man”. And this means money. The way the fines are calculated uses a complicated formula. Below is the minimum lump sum fine per country in 2022 and this applies to each and every case. On top of this the Court can – and does – impose daily fines.

Minimum lump sum fines per country and per case

  • Germany : € 11,277,000
  • France : € 8,458,000
  • Italy : € 7,014,000
  • Spain : € 5,097,000
  • Poland : € 3,270,000
  • Netherlands : € 3,022,000
  • Sweden : € 1,985,000
  • Belgium : € 1,940,000
  • Austria : € 1,692,000
  • Romania : € 1,692,000
  • Ireland : € 1,376,000
  • Czechia : € 1,331,000
  • Denmark : € 1,308,000
  • Portugal : € 1,286,000
  • Greece : € 1,173,000
  • Finland : € 1,150,000
  • Hungary : € 1,060,000
  • Slovakia : € 722,000
  • Bulgaria : € 632,000
  • Croatia : € 496,000
  • Lithuania : € 474,000
  • Luxembourg : € 383,000
  • Slovenia : € 383,000
  • Latvia : € 316,000
  • Estonia : € 271,000
  • Cyprus : € 226,000
  • Malta : € 180,000

Readers will have observed that the United Kingdom is not listed, despite there being 27 live cases. See our ‘Observations’ below for our comment on this.

Here is what the Commission says about fines:-

“The sanctions imposed by the Court of Justice of the EU may be composed of a lump sum payment, to penalise the continuation of the infringement, and a daily penalty payment, to prompt the Member State concerned to bring the infringement to an end as soon as possible.”

To give one example, Poland is currently under a fine of €1 million euros per day for just one case against it.

What is the United Kingdom in the dock for?

As of yesterday morning (Thurs 29 Sept), the UK stands accused of 27 offences which fall under the EU’s following categories:-

  • Budget
  • Environment
  • Eurostat (provision of statistics)
  • Financial Stability, Financial Services and Capital Markets Union
  • Health and Food Safety
  • Home Affairs
  • Internal Market, Industry, Entrepreneurship and SMEs
  • Justice, Fundamental Rights and Citizenship
  • Legal Service
  • Mobility and Transport
  • Secretariat General
  • Taxation and Customs Union

Observations

Thanks to Theresa May’s disastrous negotiations with the EU, the EU can and does continue to issue legal actions against the UK, which are all to be judged by the highly political Court of Justice of the European Union, rather than an independent tribunal which would be normal under any international agreement.

The EU continually claims to be an organisation where “the rule of law” is sacrosanct. Our report above shows that not one single member of the EU has obeyed the EU Commission’s rules.

As with so many other proclamations from the Commission (for example “unity” and “solidarity”), the “rule of law” could not be further from the truth.

Where it comes to the United Kingdom, we would have been adamant with the EU during the negotiations over our departure that all legal actions would cease on the day of leaving. Furthermore, we would have insisted that any disputes over the Withdrawal Agreement between the UK and the EU would be judged by an independent international tribunal, not by the EU’s own judges.

Rejoiners are fond of pointing to things like this as being examples of the failure of Brexit. They are not. They are failures created by a Remainer Parliament that failed to respect the wishes of the British people, as expressed in the largest democratic vote in the UK’s history.

By the time we had a vaguely pro-Brexit government under Boris Johnson, the damage had been done. We would have left with no deal, as regular readers know, but Mr Johnson chose to modify Theresa May’s deal in what little time was left.

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[ Sources: EU Commission ] Politicians and journalists can contact us for details, as ever.

Brexit Facts4EU.Org, Fri 30 Sept 2022

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