We have several recommendations.
First, we would propose transferring those responsibilities to a body that has the single mandate of consumer protection. The second point is to have mandatory compensation and fines for each violation. For one hour on the tarmac over what is allowed, there should be a fixed amount of penalty and a fixed amount of compensation. For an airline that fails to pay compensation and that fixed amount of penalty, there should be no discretion about penalties. The mere fact that they are breaking the rules should automatically trigger a penalty.
The goal is not to punish airlines for their normal business; the goal is to punish airlines that fail to abide by the rules. We also propose having mandatory cost awards in courts on a solicitor-and-client basis when passengers are successful in enforcing their rights. Currently, it is almost impossible from an economic point of view for a passenger to enforce their rights, because it would cost way too much to retain counsel, way more than what the passenger can recover.