The Old Dog Learns New Tricks: Reinvigorating Infringement Proceedings to Enhance the Effectiveness of EU Law

The procedure for infringement of (what is now) EU law has been around since the foundation of the Communities. Yet it has not remained unchanged, most recently being amended by the Treaty of Lisbon. Over a decade later, and with current developments in the application of financial sanctions and in the enforcement of the rule of law in Member States, it becomes pressing to evaluate the significance of the amendments. Consequently, this paper assesses firstly whether the infringement process is now playing an increasing role in the effectiveness of EU law – not only in relation to the implementation of the amendments in the Treaty of Lisbon, but also in light of recent case law on strengthening interim measures in infringement proceedings. Secondly, the paper examines the impact of the infringement proceedings upon the enforcement of the rule of law within the Union. Finally, the paper considers whether changing the division of jurisdiction between the EU courts in the infringement proceedings would help or hinder their contribution to the effectiveness of EU law.