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Evaluation and the salience of infringement data

Smith, Melanie ORCID: 2015. Evaluation and the salience of infringement data. Journal of European Risk Regulation 6 (1) , pp. 90-100.

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The infringement process contained in Article 258 TFEU requires the Commission, as guardian of the treaties, to monitor the performance of member states in relation to the implementation and application of EU norms. As the Commission carries out this duty it amasses enormous amounts of data on the realisation of policy objectives through its discovery of (non) implementation of EU norms and the administrative operation of its ‘compliance promoting tools’. This article explores the Commission’s duty as guardian of the treaties through the lens of smart regulation and examines the potential for infringement data, and the infringement process more widely, to play a contributory role in executing meaningful evaluation in the policy cycle. The article will explore the extent to which the Commission has included infringement data as part of its policy cycle and in particular the evaluation process. It considers the multiple dimensions of accountability and institutional learning associated with evaluations and how these might be supported by the infringement mechanism. It argues that the infringement process and evaluations can be considered symbiotic with each process contributing to the accountability and institutional learning of the other.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
Publisher: Lexxion Verlagsgesellschaft
ISSN: 1867-299X
Last Modified: 27 Oct 2022 08:39

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