Collective Commentary about the New Package Travel Directive

Article 24 Enforcement Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive. Afonso Ribeiro Café 1 1. Introduction; 2. Provision of the former directive; 3. Systematic treatment: harmonisation, imperative nature, penalties and enforcement clauses; 4. Types of enforcement; 5. Enforcement within national transpositions. 1. INTRODUCTION Article 24 of the Directive provides obligation for the Member States to ensure the enforcement of the provisions of the Directive. These are quite standard Directive articles, which require the Member States to ensure that adequate and effective means are in place in order to grant compliance with the Directive and provide rules on penalties for infractions of national solutions, adopted to pursue the provisions of the Directive 2 . The enforcement clauses also require the Member State to create and maintain a system of public entities which is able to assure the provisions’ compliance with powers and means to investigate and prosecute violations of EU rules. Recital 47 states that: “Member States should lay down rules on penalties for infringements of national provisions transposing this Directive and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive”. 1 Lecturer in the Faculty of Economics. University of the Algarve. Lawyer. afonso.cafe@apc-advogados.pt . apcafe@ualg.pt. 2 Transposition of Directive (EU) 2015/2302 on package travel and linked travel arrangements. Commission Paper 5/2018, Commission for Aviation Regulation Ireland. March 2018.