I refer to the opinion piece by Anna Mallia entitled ‘In trouble with the EU’ (MaltaToday Midweek, 27 August).
I make specific reference to the part which mentions a discussion with the EC Representation in Malta on the subject of the Commission’s enforcement powers.
I would like to clarify that, contrary to what is stated in the piece, the Commission is legally empowered through the Treaty provisions to take “ex officio” action against member state authorities in cases of infringement of Treaty obligations by the Member state. This is indeed what also happens in practice in the majority of infringement actions against member states.
In other words, the Commission does not “expect” citizens to lodge a complaint before it acts. However, citizens remain free to complain and are encouraged to do so (even via a simple email addressed to the Commission) when they feel that the State’s Treaty obligations are not being adhered to.
On the other hand, the notification of a citizen’s complaint to the Commission may help to precipitate the Commission’s deployment of enforcement action against the State. It is worth noting however that according to the applicable Treaty provisions, the deployment of such proceedings remain entirely at the discretion of the Commission.
Joanna Drake,
Head of European Commission Representation in Malta
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