Belgium fined over 4 million euros for delayed transposition of EU directives
The Belgian foreign ministry confirmed on Thursday that Belgium has been fined a total of 4.45 million euros by the Court of Justice of the European Union (CJEU) this year for failing to transpose two EU directives into national law on time. These sums must be paid to the European Commission.
EU member states are required to ensure compliance with EU law, including the timely transposition of directives. These set binding objectives, but leave the choice of national implementation measures to each country. Directives have a deadline, and failing to meet it can result in a referral to the CJEU. Although the Commission typically attempts to address delays through cooperation, Belgium has been fined twice in recent months.
On 22 May, Belgium was ordered to pay a lump sum of 2.1 million euros for late transposition of the open data and re-use of public sector information directive. The Brussels-Capital Region, the Walloon Region, the French Community and the federal government missed the 17 July 2021 deadline.
Late implementation
On 1 August, a second ruling was issued imposing a fine of 2.35 million euros for the late implementation of the work-life balance directive for parents and carers. The 2 August 2022 deadline was missed by the federal government, the Walloon Region, the French Community, and the German-speaking Community. In both cases, the Commission issued several formal warnings before taking Belgium to court. As the directives have since been transposed, the fines are now limited to a one-off payment and no daily penalties will be applied.
These two rulings are an unfortunate outcome, but we hope they serve as a wake-up call to all Belgian authorities
The foreign ministry, which coordinates transposition, stressed that ultimate responsibility lies with the relevant ministers. "These two rulings are an unfortunate outcome, but we hope they serve as a wake-up call to all Belgian authorities," said a spokesperson, adding that the ministry had worked hard to identify bottlenecks, such as the division of competences, and to find solutions at both the Belgian and EU levels.
73 infringement procedures
According to data from the European Commission, Belgium currently faces 73 infringement procedures for failing to correctly apply EU law. These cover late or incorrect transposition of directives, as well as breaches of regulations, treaties and decisions. This places Belgium sixth among EU states with the most open cases, alongside Hungary.
In terms of the transposition deficit, which is the percentage of missed deadlines, Belgium ranks fourth. This situation is partly attributed to the country's complex governance structure, where multiple layers of government often share responsibility for implementing EU law.
© BELGA PHOTO JONAS ROOSENS
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