Rapid intervention by the European Commission in disputes or protests which block international transporters' routes or access to markets will be possible following a decision of EU Internal Market ministers yesterday, writes Patrick Smyth in Brussels.
Ministers agreed to cut procedural red tape to allow the Commission to demand reasonable action by member states to unblock roads or ports within days or face action in the European Court of Justice. In the past the Commission has only been able to urge member states to do so and the start of any legal action has only been possible in practice well after disputes are over. The onus is still on the member state to determine the scope of police action and, to be successful in the court, the Commission will be required to show more than inaction, but that the state acted unreasonably.
In the last dispute involving French hauliers, last winter, the Commission accepted that attempts by the authorities to do more to break the strike would have only contributed to making the situation worse.