ASPECTS REGARDING THE EU MEMBER STATES COMPETENCE IN THE ENFORCEMENT OF THE EUROPEAN LEGISLATION

During the EU’s progressive consolidation process, the relation between EU and national law has turned out to be extremely complex, being subject both to a positive evolution, but also to a number of difficulties of assimilating EU norms and enforcing them in relation to national legal systems, an uniform regulation proves to be necessary. Still, the adequate and correct enforcement of EU legislation is essential when it comes to maintaining the EU’s strong foundation and ensuring that European policies have the effect desired, by acting in favor of European citizens. The effectiveness of governance is menaced when Member States are not capable to enforce common rules correctly, enforcing EU legislation with delay or errors does nothing but weakening the European system, reducing the latter’s possibility to achieve its objectives and deprives citizens, as well as enterprises, from various benefits.At the same time, the enforcement of EU law is the duty of all Member States. Any state has the duty to enforce EU law, as well as the liability for its transgression, no matter which is the state authority, central or local, which committed the violation. The important role played by EU law – the observance of which must be insured both by Europeans institutions and national jurisdictions – imposes on every state the duty to order the most suitable methods of guaranteeing the observance of community law by its public collectivities.