Resumen de Exceptions to Article 226: Alternative Administrative Procedures and the Pursuit of Member States

Alberto J. Gil Ibanez

• This article considers the procedures used in EC law to prosecute infringements committed by Member States, in addition to the well‐known Article 226 (ex Article 169) EC. It has three purposes. The first is to systematise the main categories of these, to examine the reasons for the creation of these procedures and the interaction among them, using Article 226 as the main point of reference. The basic criterion is the distinction between procedures established by the EC Treaty and procedures established by secondary legislation but without a clear legal basis in the Treaty. The second purpose is to explain why Member States have accepted the development of new procedures, even though they serve to reinforce the Commission's powers. The article argues that this acceptance can be explained, first, by the active participation of Member States, through committees, in the establishment of these procedures; and, secondly, a deliberate strategy to convince Member States, on both a sectoral basis, and a case‐by‐case basis, by the Commission. The article concludes, however, that the current procedures should be improved and that it is time for them to be realigned and rationalised.