Can we “disobey” the European Union, as La France insoumise says?

Can France disobey the European Union? This is what the agreement signed between the left parties for the legislative elections proposes and according to the rebellious deputy Adrien Quatennens, there is nothing really exceptional: “Many countries are already doing this without denouncing an à la carte Europehe explained on franceinfo. I will take you a few examples, just for the pedagogy of the subject: for example, Spain on energy prices, regularly disobeys on a case-by-case basis.

What the rebellious MP is saying is false. Concerning Spain, it is not a question of disobedience, but of a derogation granted by Brussels. The country, as well as Portugal, has benefited for a few weeks from a special regime which allows them to reduce their gas and electricity prices, which had particularly increased at home. This is a temporary measure that should last a year and it was negotiated, contrary to what Adrien Quatennens says.

Are other countries disobeying, as Adrien Quatennens claims? No, said like that, it is inaccurate or else the countries in question risk a sanction. The European Commission has a very specific regulation: in the event of an infringement of European law, a procedure is initiated. And it happens quite regularly. For example in 2020, more than 900 violations were noted. Even it is not necessarily a question of disobedience: it can quite simply be a problem of transcription of a European directive.

Concretely, in this case, the EU first sends a formal notice. The country then has several months to respond and comply with European law. Most of the time, says the European Commission, it is settled at this stage. But if this is not the case, Brussels can seize the court of justice. France, for example, was condemned twenty years ago for having incorrectly transposed into its law the European rules for the protection of natural areas. More recently there is Poland and its highly controversial justice reform. The country was condemned at the end of last year and must pay a fine of more than 160 million euros which will be deducted from its next European aid.


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