The discretion given to the Commission to launch an enforcement action against Member States who allegedly do not fulfil their EU obligations is criticized. Some scholars allege that such discretion dilutes the effectiveness of EU law enforcement. Others, such as the European Ombudsman find that the Commission does have a very broad discretion and some of its decisions seemed ‘tantamount to an abdication from its role as guardian of the Treaties.’ (3307/2006/(PB)JMA – European Ombudsman)
Critically discuss this statement. In your argument, propose a change as to how the Commission should act upon discovering suspected breaches by fully exercising the role as guardian of the Treaties.
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