Sittings · Document

DRAFT REPORT (2025/2016(INI)) 2025-10-17

On monitoring the application of European Union law in 2023 and 2024

Committee on Legal Affairs · Rapporteur: Dainius Žalimas

MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION

on monitoring the application of European Union law in 2023 and 2024

(2025/2016(INI))

The European Parliament,

having regard to the Treaty on European Union (TEU), in particular Articles 2 and 3 thereof,

having regard to the Commission report of 25 July 2024 entitled ‘Monitoring the application of EU law 2023 Annual Report’ (COM(2024)0358),

having regard to the available European Commissioners’ 2025 Annual Progress Reports on Simplification, Implementation and Enforcement of September 2025,

having regard to its resolution of 23 November 2023 on monitoring the application of European Union Law in 2020, 2021 and 20221,

having regard to the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission of 13 April 2016 on Better Law-Making2,

having regard to the Commission communication of 21 May 2025 entitled ‘The Single Market: our European home market in an uncertain world – A Strategy for making the Single Market simple, seamless and strong’ (COM(2025)0500),

having regard to the Commission communication of 11 February 2025 entitled ‘Moving forward together: A Bolder, Simpler, Faster Union’ (COM(2025)0045),

having regard to the Commission communication of 11 February 2025 entitled ‘A simpler and faster Europe: Communication on implementation and simplification’ (COM(2025)0047),

having regard to the Commission staff working document of 14 July 2023 entitled ‘Stocktaking report on the Commission working methods for monitoring the application of EU law’ (SWD(2023)0254),

having regard to the European Court of Auditors special report 28/2024 entitled ‘Enforcing EU law’,

having regard to the opinion of the European Committee of the Regions of 28 August 2025 entitled ‘A simpler and faster Europe’3,

having regard to the report by Mario Draghi of September 2024 entitled ‘The future of European Competitiveness – A Competitiveness Strategy for Europe’,

having regard to the report by Enrico Letta of April 2024 entitled ‘Much more than a Market’,

having regard to Rule 55 of its Rules of Procedure,

having regard to the opinion of the Committee on Petitions,

having regard to the report of the Committee on Legal Affairs (A10-0000/2025),

A. whereas pursuant to Article 4(3) TEU and Articles 288 and 291(1) of the Treaty on the Functioning of the European Union, Member States bear the primary responsibility for transposing, applying and implementing EU law correctly, harmoniously and within the set time limits; whereas EU legislation should be drafted in a way that facilitates its transposition into national law; whereas EU legislation is effective only in so far as it is, on the one hand, transposed on time, in a complete and accurate manner and, on the other hand, properly applied within the national legal frameworks by the Member States, which is necessary to guarantee the benefits of EU policies for all EU citizens and a level playing field for businesses across the internal market;

B. whereas the Commission did not publish an annual report on monitoring the application of EU law for 2024, thereby breaking a practice that has been in place for over 40 years, since 1983;

Monitoring and enforcement of EU law

1. Takes note of the Commission’s 2023 report on monitoring the application of EU law; believes that this report is a crucial tool for enabling scrutiny of the correct transposition and implementation of EU law;

2. Regrets that the Commission did not publish an annual report on monitoring the application of EU law for 2024; stresses that regular, annual monitoring of the application of EU law is an essential instrument through which the Commission fulfils its role as the guardian of the Treaties, in accordance with Article 17(1) TEU, as it helps to ensure and monitor that EU law is correctly applied and enforced across all the Member States and to track progress made in this area; stresses that Parliament relies on this reporting, both as a co-legislator and in its exercise of political scrutiny, under Article 14(1) TEU, over the Commission to ensure that it exercises its prerogatives adequately;

3. Takes note of the shift in the Commission’s approach to launching a new reporting cycle on monitoring the application of EU law with annual progress reports on simplification, implementation and enforcement by each Commissioner, and an annual overview report on simplification, implementation and enforcement; stresses the importance of the annual overview report in allowing for a horizontal assessment of the state of play regarding the application and enforcement of EU law;

4. Welcomes the available Commissioners’ 2025 Annual Progress Reports on Simplification, Implementation and Enforcement, reporting on the period 1 January to 31 July 2025; acknowledges these reports as a valuable source of information on the state of EU law implementation across various sectors and the Member States; notes favourably that the structure of the reports is well organised and clearly presented; regrets, nevertheless, that the analysis remains overly focused on achievements, with insufficient attention paid to persistent challenges and systemic enforcement gaps; urges the Commission to revise its methodology in this regard to include clear identification of shortcomings and the steps the Commission envisages to address them;

5. Notes with concern the absence of any reference in the available sectoral progress reports to the EU Pilot procedure, its current functioning or its role in facilitating early problem-solving prior to the launch of formal infringement proceedings; considers that this omission undermines the completeness of the reports and weakens the overall understanding of the enforcement life cycle;

6. Reaffirms that respect for the rule of law is a fundamental precondition for the effective implementation and uniform application of EU law across all the Member States;

Infringement procedures

7. Expresses concern over the Commission’s reluctance to initiate infringement proceedings before the Court of Justice of the European Union, even in cases involving clear and persistent breaches of EU law; stresses that the Commission, as the guardian of the Treaties, must not shy away from using litigation as an essential enforcement tool to ensure compliance and uphold the authority of EU law;

8. Regrets that not all potential infringements are being initiated, given the Commission’s approach to prioritising breaches it deems to have the most significant impact on public and business interests4;

9. Calls on the Commission to adopt and publish transparent, objective criteria applicable to infringement cases, particularly with regard to the selection and prioritisation of those involving serious or systemic violations of fundamental rights, rule of law principles or internal market rules;

10. Urges the Commission to shorten and streamline the pre-litigation phase, which in its current form can lead to significant delays in effective enforcement;

Implementation of EU law

11. Urges the Member States to strictly adhere to transposition deadlines, follow the guidelines issued by the Commission and actively and fully engage in implementation dialogues, and to notify the Commission in a timely manner about potential obstacles and issues with transposition and implementation; regrets that some Member States either report transposition and/or implementation issues too late or fail to report them altogether, resulting in delays that negatively affect EU citizens and businesses; recalls that the Member States participate in the legislative procedure through the Council as co-legislator; stresses that the lack of enforcement of EU law undermines citizens’ perception of the EU and its ability to deliver results;

12. Notes with concern the limitations of the new Europa implementation platform, launched in April 2025; points out that, despite its potential, the platform primarily consists of data tables and fails to provide essential information on ongoing or concluded procedures, offers no analysis of the data presented, and makes it nearly impossible to draw comparisons and conclusions in certain cases, making it insufficiently useful for legislators, legal practitioners, and citizens seeking insight into how EU law is upheld in practice;

13. Notes the challenges in applying regulations, as evidenced by gaps in the data provided by the Commission, particularly in terms of completeness, accessibility and consistency; asks the Commission to report on how its monitoring activities and practices are adapted to the application of regulations and to the recommendations made in this regard in its stocktaking report on the Commission working methods for monitoring the application of EU law;

Simplification

14. Stresses that the simplification of EU law must not be conflated with deregulation; emphasises that streamlining legal texts and procedures can improve clarity, legal certainty, and administrative efficiency while preserving essential policy objectives and protections;

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15. Instructs its President to forward this resolution to the Council and the Commission.

EXPLANATORY STATEMENT

This report assesses the state of monitoring, implementation and enforcement of EU law, based on the Commission’s 2023 annual report on monitoring the application of EU law, the Commissioners’ 2025 Annual Progress Reports on Simplification, Implementation and Enforcement, and other relevant documents and reports. It highlights that the effectiveness of EU legislation depends on its timely, complete and accurate transposition and proper application within national legal orders. The report welcomes the Commission’s 2023 annual report on monitoring the application of EU law as a crucial tool enabling scrutiny of the correct transposition and implementation of EU law. It regrets, however, that the Commission decided not to publish a report for 2024, thereby breaking a practice of over forty years established since 1983. Monitoring the application of Union law is an integral part of the Commission’s role as guardian of the Treaties and allows Parliament to exercise its supervisory role adequately. The rapporteur therefore stresses the need for regular and comprehensive reporting. The report welcomes the Commissioners’ 2025 Annual Progress Reports as a valuable source of information but notes that the analysis remains overly focused on achievements, with insufficient attention to persistent challenges and systemic enforcement gaps. It also notes with concern the absence of reference to the EU Pilot procedure, its functioning and its role in facilitating early problem-solving prior to the launch of formal infringement proceedings. The report expresses concern over the Commission’s reluctance to initiate infringement proceedings before the Court of Justice of the European Union, even in cases involving clear and persistent breaches. It calls on the Commission to adopt and publish transparent and objective criteria for the selection and prioritisation of infringement cases and to shorten and streamline the pre-litigation phase, which currently leads to significant delays in enforcement. The report notes with concern the limitations of the new Europa implementation portal, which lacks essential content and analysis and makes it difficult to draw comparisons and conclusions. It also notes the challenges in the implementation of regulations, particularly regarding completeness, accessibility and consistency of data, and calls on the Commission to report on how its monitoring activities are adapted to these developments. The report reiterates that simplification of EU law must not be conflated with deregulation. Streamlining legal texts and procedures should improve clarity, legal certainty and administrative efficiency while preserving essential policy objectives and protections in areas such as the environment, social rights, consumer safety and fundamental rights. The rapporteur stresses the importance of coherence across legislative instruments to avoid duplication and contradictions that hinder effective implementation. Finally, the report emphasises that the proper, timely and uniform implementation and enforcement of Union law are indispensable for ensuring equal treatment of citizens and businesses, maintaining the integrity of the single market and upholding the rule of law.

ANNEX: DECLARATION OF INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that he included in his report input on matters pertaining to the subject of the file that he received, in the preparation of the draft report, from the following interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register1, or from the following representatives of public authorities of third countries, including their diplomatic missions and embassies:

1. Interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register
European Committee of the Regions

The list above is drawn up under the exclusive responsibility of the rapporteur.

Where natural persons are identified in the list by their name, by their function or by both, the rapporteur declares that he has submitted to the natural persons concerned the European Parliament’s Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.