C/L/111. Selective Enforcement of EU Law by the Commission under Articles 226 and 228 EC

This essay looks at the way in which the Commission is empowered to enforce Community law under Articles 226 and 228. It looks at some of the issues raised by the concept of selective enforcement, and criticizes the discretion that the Commission has in deciding when to enforce EU law. It also looks at the criteria that the Commission uses when deciding whether or not to initiate enforcement proceedings and concludes that concrete legislation and not soft law is needed in this area.