Summary of assessment of options

Launching ‘systematic infringement’ procedures could potentially diminish the administrative costs for the Court of Justice because of the economies of scale (i.e. handling several cases together instead of handling them separately might bring some savings on administrative costs for the Court). However, the process of handling legal cases at the Court of Justice and imposing and executing penalties may last several years, which can ‘water down’ the effects of this measure. An improved Commission rule of law framework, with more transparency, clearly defined concepts and benchmarks to trigger it, and the transparency of the interim decisions that are taken (‘rule of law opinion’), including in the communications with the concerned Member State, would increase the visibility of this mechanism and the trust of Member States and citizens regarding its functioning. EU funded capacity building programmes would not openly stigmatise any Member State for ‘improper behaviour’. However, deciding who should receive funding, and on the basis of which process, might present some challenges. An estimation by Pech et al of the costs and benefits of the various policy options covered by an EU policy cycle on democracy, the rule of law and fundamental rights is to be found in this table.