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The European Secretariat of the Cabinet Office is responsible for monitoring the implementation of all EC law in the UK.
The Department for Constitutional Affairs [External website] should be consulted about the Isle of Man and the Channel Islands and the Foreign & Commonwealth Office about Gibraltar (Tel: 020 7008 3310).
You should tell them as soon as possible if there are likely to be any difficulties with the implementation of a particular piece of Community legislation (for example, if it is going to be difficult to meet a deadline for implementation).
The Cabinet Office European Secretariat also coordinates the Government's response to infraction proceedings which the European Commission brings against the UK for any failure to transpose Community law properly or in time.
Infraction proceedings and European Court of Justice cases
You may need to revisit some of the options laid out in your RIA, or consider new options, when faced with infraction proceedings.
This may mean consulting stakeholders on an informal basis, with due regard for the confidentiality of the legal process, and bearing in mind the often short timescales allowed for responses to the Commission.
Ensure advice to ministers covers all the options and the risks associated with each.
Most infraction cases are resolved before they reach the European Court of Justice.
If a case does reach this stage you should set out the advice to ministers in the same way as above. Bear in mind that you are not bound by the same rules of confidentiality, and can allow more open consultation if appropriate.
