Effective procedure – final decision: violation found but no action taken
Article(s) involved (national, EU, or other):
Some SAs adopt a decision in which they confirm that a violation took place but still do not take any action.
The text should provide the obligation for SA to adopt a corrective measure when a violation is found, or justify why it did not adopt any (e.g. the violation has already stopped). If it fails to do so, there could be a presumption that the SA did not respect its obligation to handle the complaint with due care (cf. above, section III, “Holding SA accountable”). Such decision would be subject to judicial review.