In 1992, Advocate General Giuseppe Tesauro noted that the issue of sanctions in the EU (then Community) legal order raised some concern, as sanctioning powers were considered to be lacking. 1 These words highlighted the shortcomings deriving from the limited sanctioning powers conferred upon the then European Community.
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At the time, three main factors contributed to scaling down the EC’s role in this domain. Firstly, the lack of legal bases in the Treaty and the Member States’ unwillingness to strengthen the sanctioning powers of the EC institutions, with limited exceptions. Secondly, according to some commentators, the European institutions were themselves focused on developing the Community legal order and policies, rather than on securing the implementation of relevant legislation at domestic level. Thirdly, the exercise of jus puniendi was still perceived as a primary task of the national authorities, due to its close connection with the idea of sovereignty over a given territory and a group of people. Consequently, the EC sanctioning system was originally confined to those limited provisions of secondary legislation expressly conferring such a task to the Community institutions. In less than thirty years, the scenario has steadily changed.
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