Dáil Éireann Debate, Tuesday - 28 April 2026
841. Deputy Carol Nolan asked the Minister for Justice, Home Affairs and Migration to provide details on all open EU infringement proceedings where the subject of the infringement relates to the functions of his Department; the reason the infringement proceedings were initiated; the procedural stage of the infringement proceedings; and if he will make a statement on the matter. [30272/26]
View answerWhen a Member State fails to fulfil its Treaty obligations—whether through non-transposition, incomplete transposition, or incorrect application of EU law—the European Commission may initiate an infringement procedure under Article 258 of the Treaty on the Functioning of the European Union (TFEU).
The procedure progresses from a Letter of Formal Notice, to a Reasoned Opinion, and if unresolved, referral to the Court of Justice of the European Union. At the most serious end, the Court may impose financial sanctions under Article 260 of the TFEU.
As of 16 April 2026, there were 48 open infringement proceedings against Ireland, eight of which fall under the responsibility of the Department of Justice, Home Affairs and Migration.
Four of these proceedings are at letter of formal notice stage, and four are at reasoned opinion stage. Full details of all 48 cases, including the responsible Department, subject area, and procedural stage are published on the website of the Department of Foreign Affairs and Trade - www.ireland.ie/en/eu/implementation-of-eu-law-in-ireland/.
Ireland is not alone in facing such infringement proceedings. The most recent data available across the EU ranges from 28 cases at the lower end to over 100 at the upper end, leading to an EU average of approximately 62 such cases. This places Ireland as one of the better-performing Member States in respect of infringement proceedings.
