Article 260 TFEU Sanctions in Multi-Tiered Member States

• Main Authors: Vandenbruwaene Werner, Popelier Patricia, Janssens Christine
• Format: Article
• Language: English
• Published: Centre for Studies on Federalism 2015-11-01
• Series: Perspectives on Federalism
• Subjects: Federalism; regions; EU law; infringement procedures 260 TFEU; financial sanctions
• Online Access: http://www.degruyter.com/view/j/pof.2015.7.issue-2/pof-2015-0013/pof-2015-0013.xml?format=INT

The question at hand is located at the intersection of EU law and national constitutional law, and aims to answer the following problem: namely, how to mitigate federal concerns in the context of infringement procedures and financial sanctions under art. 260 TFEU. This article approaches this question both from the perspective of the Commission and the Court of Justice, as well as from the vantage point of the central and regional governments involved. After analysing the composition of the financial sanctions, we cover the involvement of subnational entities in the infringements proceedings in six tiered Member States (Austria, Belgium, Germany, Italy, Spain, and the UK) and the relevant national provisions for the partition of financial sanctions. The conclusions pertain to both the central and regional level and the EU institutions concerned, adhering to the multi-level relationship subjacent to this article.