Stop Violence Against Women
Commission
last updated November 1, 2003

 

Type of Mechanism

 

Complaint-information

 

Scope of the Procedure

The complaint may allege a violation by a member State of any measure (law, regulation or administrative action) or practice, which the petitioner feels is incompatible with a provision or a principle of Community law.

 

Who can Submit a Complaint?

 

Individuals or organizations

 

Role of Advocates

The European Commission does not require that the complainant demonstrate a formal interest in the proceedings or prove that they are directly impacted by the infringement of Community law.  Therefore, women's rights NGOs would be able to submit complaints about laws, regulations or administrative actions that were, for example, incompatible with the EU principle of equality between women and men.

 

Available Remedies

The Commission can institute legal proceedings against a member States or businesses that fail to comply with Community Law.  It can also bring them before the European Court of Justice.

 

How to Submit

a Complaint

The European Commission requires that a complaint be in writing but does not require a specific form.

 

It is advisable, however, to follow the sample complaint form provided on the European Commission website

 

The form requires the complainant to provide as much relevant information as possible about the facts giving rise to the complaint, specific provisions of Community law that have been violated and references to other Community bodies or national authorities that have been approached about the alleged violation. 

 

The European Commission advises that the complainant first address national authorizes, such as the judiciary or administrative bodies, but does not require exhaustion of domestic remedies. 

 

Where to Send Communications

Commission of the European Communities

(Attn: Secretary-General)

Rue de la Loi 200

B-1049 Brussels

BELGIUM

 

Complaints may also be submitted to the European Commission's Representative Offices in the Member States.

 

How the Complaint Procedure Works

After a complaint has been registered with the Secretariat-General of the European Commission, it will be reviewed for admissibility.

 

If found admissible, the complaint is assigned a reference number, which is then communicated to the complainant to use in future correspondence. 

 

The Commission will then either open infringement proceedings against the member State or close the case, within twelve months of the case being registered.

 

The Commission notifies the complainant if it either closes the case or about the course of the infringement procedure.

 

Advantages/ Disadvantages

The complainant can request that the European Commission not reveal her identify to member State authorities.  The procedure for submitting a complaint is straightforward and the scope of the allegations are broad. 

 

The petition can bring public attention to an issue that has not been adequately addressed by the EU or national governments.

 

The European Commission is not a judicial body and, therefore, cannot issue binding judgments in individual cases.  The Commission can refer cases to the Court of Justice, but even a finding by the Court of an infringement would not provide a remedy to the individual.  A finding by the Court would, however, oblige the member State to comply with Community law.

 

 

Additional Resources

 

The European Union website provides an overview of the European Commission, with links to the Secretariat-General and information on lodging a complaint with the Commission.

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