Infringement procedures within the EU

Member States have primary responsibility for the correct and timely application of EU Treaties and legislation, and the Commission monitors the application of Union law.

The Commission may take action if a Member State:

• fails to incorporate EU directives into its national law and to report/communicate to the Commission what measures it has taken;
• or is suspected of breaching Union law.

If no solution can be found at an early stage, the Commission can open formal infringement proceedings and eventually refer the Member State to the European Court of Justice.

Infringement cases against Belgium in the area of home affairs and migration

Following the latest decisions adopted by the Commission on the occasion of its monthly “infringements” meeting on 26 November 2014, 82 infringements procedures are being processed against Belgium, in particular four are related to home affairs and migration.

These four infringements procedures are as follows:

Two infringements for late and incomplete transposition:

• Directive 2011/51/EU on the extension of long-term resident status to beneficiaries of international protection (infringement case n°2013/0257)
• Directive 2011/98/EU on  a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (infringement case n°2014/0230)

One infringement for incorrect transposition:

• Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (infringement case n°2011/2033)

One infringement for incorrect application:

• EU Regulation n° 380/2008 on laying down a uniform format for residence permits for third-country nationals (infringement case law n° 2013/2181)

Belgium has taken stock of these infringement cases and is modifying the necessary elements to comply with the EU legislation. The EU Pilot problem solving mechanism is also used to facilitate full compliance with EU law.

Access the European Commission press release on this topic as well as related documents.