How to draft and submit a complaint to the European Commission with AI

The steps

1. 1.

   Verification of requirements and contested conduct

   The lawyer must first ascertain that the contested conduct is attributable to the Member State, including legislative, administrative, or judicial bodies at all levels. Pursuant to Art. 258 TFEU, the infringement may consist of a positive action, such as the enactment of a law contrary to Union law, or an omission, such as the failure to transpose a directive within the prescribed deadlines. It is essential to distinguish between a purely private dispute and a violation of EU obligations, as the Commission intervenes only when the State fails to meet its institutional duties.

2. 2.

   Use of the Commission's official form

   Although there is no formal requirement ad substantiam, the Commission recommends using the official form to facilitate the investigation and correct registration in the CHAP system. The professional must fill in every field accurately, ensuring they provide complete contact details and specify whether they are acting on their own behalf or for a client. A complaint drafted in a free-form format could slow down response times or be archived if essential identifying elements for initiating the procedure are missing.

3. 3.

   Technical description of the state violation

   The section dedicated to the contested measure must analytically describe the national provision, administrative practice, or omission that generates the violation. A copy of the regulatory texts or internal administrative acts must be attached, highlighting the points of friction with the Union legal system. A generic description of state conduct often leads to premature dismissal; therefore, it is necessary to provide concrete documentary evidence of the reported violation.

4. 4.

   Analysis of the violated EU legal sources

   The lawyer must precisely indicate which provisions of the Treaties, regulations, or directives are assumed to be violated by the Member State. A generic reference to the principles of Union law is not sufficient; a logical and legal link between the national norm and the disregarded EU precept is required. The strength of the complaint lies in the ability to demonstrate how the internal norm prevents the useful effect (effet utile) of Union law or blatantly violates its letter.

5. 5.

   Management of confidentiality and anonymity

   Before submission, the complainant must declare whether they intend to maintain anonymity towards the authorities of the Member State concerned during the investigation phases. The Commission generally respects confidentiality, but identification might be necessary to facilitate dialogue with the State or to resolve the specific case. The professional must strategically evaluate this choice based on the nature of the violation and the risk of retaliation or prejudice to the client.

6. 6.

   Electronic submission and monitoring

   The complaint can be submitted online via the dedicated Commission web portal or sent by registered mail to the Brussels headquarters. Once filed, the system assigns an official protocol number that allows monitoring the progress of the investigation and sending documentary additions. It is advisable to keep a copy of all correspondence with the Commission services, as the procedure can last several months before a decision on sending the letter of formal notice is reached.

Legal basis: art. 258 TFUEComunicazione della Commissione 2017/C 18/02