REPORTS
Non-compliance of Greek legislation with EU rules on proportionality test obligations – infringement: INFR(2021)2200
Each Member State of the European Union must fully apply EU law. The body responsible for identifying possible violations of EU law is the European Commission. Where a Member State does not apply EU law and breaches its obligations under the EU Treaties, the European Commission may open a formal infringement procedure under Articles 258 and 260 TFEU (see details on the infringement procedure here).
As mentioned in the October infringements package, the European Commission decided to send a reasoned opinion to Greece, as it considered that the country has not correctly transposed the proportionality test obligation provided for in Directive (EU) 2018/958 (on proportionality testing prior to the introduction of new legislation governing the professions). The Commission sent letters of formal notice to the concerned Member States in December 2021 and July 2022 and complementary letters of formal notice in February 2023 in order to ensure that the introduction of regulation on professions through parliamentary amendments is covered by a prior proportionality assessment. They now have two months to correctly transpose the Directive. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
More information on this procedure can be found on the European Commission’s website by entering INFR(2022)2110 in the “Infringement number” field.
The application of EU law is an obligation of the Member States of the European Union. If infringements of EU law are identified, the European Commission may take a series of actions against the Member State concerned to ensure the correct and full application of EU law by opening infringement proceedings under Articles 258 and 260 TFEU.
In February and October 2023, the European Commission decided to send first an additional letter of formal notice and then a reasoned opinion to Greece, calling on the country to bring its national legislation into line with the proportionality test obligation provided for in Directive (EU) 2018/958.
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