Dáil Éireann Debate, Tuesday - 28 April 2026
488. Deputy Carol Nolan asked the Minister for Enterprise, Tourism and Employment 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. [30266/26]
Amharc ar fhreagraEU infringement proceedings arise when Member States fail to properly transpose EU Directives into national law within the prescribed timeframes, or when the transposition is incomplete or incorrect. These cases are initiated by the European Commission as part of its role as guardian of the Treaties to ensure uniform application of EU law across all Member States.
The Commission follows a structured two-stage process in pursuing infringement cases. Initially, a Letter of Formal Notice (LFN) is issued to the Member State, setting out the Commission's concerns and requesting a response within a specified timeframe, typically two months. If the Commission's concerns are not adequately addressed, the process advances to the second stage with the issuance of a Reasoned Opinion (RO), which formally sets out the legal and factual grounds for the infringement and provides a final opportunity for the Member State to comply before potential referral to the Court of Justice of the European Union.
As of 27 April 2026, there is one open infringement proceeding in respect of my Department. This concerns the transposition of the European Works Councils Directive (2009/38). In May 2022, a Letter of Formal Notice was issued by the European Commission under infringement case INFR(2022)4021, relating to non-conformity of Irish legislation with the European Works Councils Directive 2009/38. The complaint alleged that rights under the Directive cannot be effectively enforced in Ireland.
My Department engaged with the Commission on the matter and issued a formal written response in November 2022. Since providing clarification in late 2022, my Department has not received any further correspondence from the Commission on the matter. It remains the position of Department officials that the provisions of the Transnational Information and Consultation of Employees Act, 1996, as amended, fully meet the requirements of the Directive.
Since the initiation of the infringement proceedings, my Department has also engaged with the European Commission in relation to a proposal to revise the 2009 European Works Councils Directive. The revised Directive entered into force on 31 December 2025, with a transposition deadline of 1 January 2028. Department Officials are now actively engaged in the transposition process.
Further details on all cases, including the responsible Department, subject area, and procedural stage are published on the website of the Department of Foreign Affairs and Trade: scanner.topsec.com/?d=1777&r=show&u=https%3A%2F%2Fwww.ireland.ie%2Fen%2Feu%2Fimplementation-of-eu-law-in-ireland%2F&t=734fdaa896a542d34781f5d54789e4bf395f5a7d.
