Articoli di riviste: "Transposition of directives"

1

KAEDING, MICHAEL. "Determinants of Transposition Delay in the European Union". Journal of Public Policy 26, n. 3 (30 ottobre 2006): 229–53. http://dx.doi.org/10.1017/s0143814x06000547.

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Europeanization involves the transposition and implementation of European legislation in EU member states. Whereas EU policy implementation is explicitly recognized as the responsibility of the member states, the new emphasis on benchmarking recognizes that different implementation strategies can be beneficial, provided the outcome is appropriate. New data representing the full EU transport acquis from 1957 to 2004 and the national transposition instruments derived from data bases for Germany, Greece, the UK, Spain and the Netherlands show that only 39 per cent of the acquis was transposed in time. Why do member states not transpose EU directives on time? Logistic and multinomial logistic analysis explains this in terms of the level of complexity of EU directives; the use of national legal instruments that include considerable de facto veto players; and the shorter the transposition time set in the directive, the more delayed the transposition process.

2

Thomas, Martha. "The efficiency of ministries in transposing EU directives: Evidence from Ireland". Public Policy and Administration 33, n. 2 (22 gennaio 2017): 190–215. http://dx.doi.org/10.1177/0952076716687616.

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Studies on how the European Union’s (EU) directives are transposed by national governments have consistently concluded that bureaucratic efficiency of member-states is a crucial determinant of timely transposition. These studies usually focus on the bureaucracy as a whole and utilize static aggregate measures of efficiency. They do not examine how differences in management performance among ministries impact transposition outcomes. This study advances our insight by disaggregating the features of the bureaucracy and examining whether differences in ministries’ decentralization, leadership, past experience with timely transposition, and budgetary allocations explain how bureaucratic processes impacts effective transposition. An original dataset focusing on transposition of EU directives by Ireland is constructed and applied to the problem. Quantitative analysis, informed by original field research, reveals that significant differences in performance can exist among a member state’s ministries. Ministerial leadership, past experience, and favorable budgetary allocations predict the most timely transposition of Brussels’ directives.

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Merckx, Herman. "De implementatie van de Europese regelgeving in België". Res Publica 40, n. 2 (30 giugno 1998): 213–18. http://dx.doi.org/10.21825/rp.v40i2.18557.

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The way Belgium implements European Law, meaning how it transposes EU directives into national law, is heavily influenced by its federal structure. The fact that 7 governments and parliaments may all have to intervene in a transposition of a directive for which the competences are divided between them and the fact that a number of consultative procedures have to be respected (the legal scrutiny by the State Council and the advices to be given by committees consisting of trade and other professional unions) explain why Belgium has been lagging behind in transposing EU directives within their time limit.In Belgium the Ministry of Foreign Affairs is in charge of coordinating the transposition of EU directives and representing Belgium in procedures at the European Court of Justice.

4

Newman, Karl, e Mads Andenas. "IV. Insurance and Banking". International and Comparative Law Quarterly 47, n. 3 (luglio 1998): 719–24. http://dx.doi.org/10.1017/s0020589300062308.

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The internal financial market is still far from its completion. Parts of the financial market and certain financial institutions are not yet covered by implementing directives. In areas that are covered by directives, transposition by member States has not removed important practical barriers to cross-border establishment and provision of services. An interesting feature of the current developments in the EC regulation of financial markets is the Commission's use of “Communications” to implement Treaty freedoms and so to remedy the situation where the member States have blocked proposals for a directive or where unacceptable barriers remain after their transposition.

5

Kārkliņš, Jānis, e Vadim Mantrov. "The Place of Contract for Digital Thing in Latvian Contract Law Within the Context of the Consumer Sale Directives 2019". Journal of the University of Latvia. Law 14 (2021): 68–79. http://dx.doi.org/10.22364/jull.14.04.

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The article aims to explore the place of contract for digital thing (i.e., a good with digital elements; digital content; and digital service) from the point of view of Latvian contract law considering the recently adopted Consumer Sale Directives 2019 (Directives 2019/770 and 2019/771). The topicality of the article’s theme is rooted in transposition of these directives into Latvian national law. On the one hand, it is necessary to find a proper place for classification of contract for a digital good considering approaches and contents of Latvian contract law for the appropriate understanding of this contract within Latvian contract law and, speaking broadly, Latvian civil law. On the other, the transposition of these directives would mean that digital goods for nonconsumers will remain without explicit regulation because these directives are intended to be transposed into consumer rights protection law being as lex specialis without introducing any amendments into general contract law. At the beginning, the present article provides an overview of the place of contract for a digital thing before transposition of the Consumer Sale Directives 2019 into Latvian consumer rights protection law, i.e., in the current regulation of Latvian contract law. The article continues with analysis of the expected place of contract for a digital thing after the currently intended transposition of these directives. Afterwards the article addresses the consequences of that transposition. The article concludes with summary following the discussion contained therein.

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Breier, Siegfried. "Negotiations on and Transposition of EC Legal Instruments in Germany". European Energy and Environmental Law Review 5, Issue 5 (1 maggio 1996): 152–56. http://dx.doi.org/10.54648/eelr1996026.

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Negotiating on and transposition of EC legal instruments in the Federal Republic of Germany means, to a large extent, coordination work. This article shows the extent to which the legislature and executive, at both Federal and Lander levels, are to be allowed to participate in the negotiation and transposition of EC directives. The abstract explanations will be illustrated using the example of the planned Directive on Integrated Pollution Prevention and Control

7

Steunenberg, Bernard, e Mark Rhinard. "The transposition of European law in EU member states: between process and politics". European Political Science Review 2, n. 3 (novembre 2010): 495–520. http://dx.doi.org/10.1017/s1755773910000196.

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This paper illuminates a critical stage of the implementation of European law: the transposition of European Union (EU) directives. Directives must be transposed into national policies in order to give effect to European law, yet most national authorities experience considerable transposition difficulties. For this reason, the study of transposition has become a focal point within the broader research agenda on non-compliance in the European Union. Highlighting several popular explanatory variables but noting the sometimes contradictory results that follow from empirical testing, this paper outlines an approach that views transposition as a process taking place largely within ministerial agencies rather than across government systems. By using variables related to these domestic processes in our empirical analysis, the paper shows how such an approach can help to explain the way in which member states transpose EU directives.

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Devuyst, Youri. "De omzetting van EG-richtlijnen in de Belgische rechtsorde en de Europeanisering van de Belgische politiek". Res Publica 35, n. 1 (31 marzo 1993): 39–54. http://dx.doi.org/10.21825/rp.v35i1.18823.

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Under EC law, directives are often used to harmonize legislation of the member states. White directives are binding as to the result to be achieved, they leave the "choice ofform and methods" to the member states. These must then transpose or implement the directives in their national legal order within a fixed period of time. According to 1992 data of the Commission of the European Communities, Belgium occupied a seventh place in the transposition ofdirectives in general (93.6% of the total number of directives transposed). With regard to the implementation of White Book directives concerning the European internal market however, Belgium, in June 1992, occupied the last place.A wide variety of administrative and structural problems were responsible for Belgium's delay in the implementation of EC directives. Late 1992, an urgency programme set up by the Belgian government early 1992 began to succeed in making up for part of the arrearage with regard to the transposition of White Book directives.However, only through the further adaption its political and administrative structures to the actual Europeanization of Belgian political life wilt Belgium become adequately prepared for the timely and correct transposition of EC directives. This implies an active administrative and parliamentary participation in the preparation of EC legislation and an early dissemination of information concerning the EC's legislative process.

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König, Thomas, e Brooke Luetgert. "Troubles with Transposition? Explaining Trends in Member-State Notification and the Delayed Transposition of EU Directives". British Journal of Political Science 39, n. 1 (gennaio 2009): 163–94. http://dx.doi.org/10.1017/s0007123408000380.

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EC directives must be transposed into the national legal order of the member states within a specified deadline. Although member states are obliged to notify their transposition measures, they often fail to comply with these deadlines. Distinguishing between domestic and EU-related factors, this study examines transposition failure and delay of EC directives from 1986 to 2002. Notification failure is found to be more likely when there is conflict between the member states during the EU legislative process. National patterns of transposition timeliness are shown to vary significantly, and higher levels of complexity and increased use of parliamentary legislation, as well as more federalist and pluralist structures, contribute to delayed compliance.

10

Piszcz, Anna. "Room to Manoeuvre for Member States: Issues for Decision on the Occasion of the Transposition of the Damages Directive". Market and Competition Law Review 1, n. 1 (5 settembre 2019): 81–109. http://dx.doi.org/10.7559/mclawreview.2017.309.

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Soon Member States will bring into force the laws, regulations and administrative provisions necessary to comply with the Damages Directive (2014/104/EU). Usually Member States do not seem willing to introduce a broader scope of the application of principles embodied in EU directives. For Member States, “copy-pasting” a directive's content into a piece of national legislation is one of the simplest ways to implement a directive (another very simple one is implementation by reference; it is just referring the reader to the directive and should not be applied where the rules in a directive are not sufficiently precise, so it is not applied very often). Member States that work on the implementation of the Damages Directive either do it in a minimalist manner, mainly "copy-pasting" its content, or take the legislative opportunity to do something more and "tidy up" domestic provisions on the occasion of the transposition of the Directive. Some Member States have chosen that last option. The article attempts to highlight some of the considerations that may be of particular relevance in this process, with the aim of formulating some recommendations for national legislatures, even though implementation works are drawing to a dose. First, some “spontaneous harmonisation” of a scope broader than that provided for in the Directive is recommended on the background of the material (substantive) scope of the Directive and its transposition. The other important considerations are addressed to the personal scope of the Directive and its transposition. Finally, the short review of some more detailed issues for decision on the occasion of the transposition of the Directive is offered. Considerations regarding the principle of civil liability, the use of collective redress mechanisms, minimum harmonisation clauses, institutional design of private enforcement of competition law, as well as incentives to voluntarily provide compensation to injured parties can be found therein.

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Benini, Michele, Maurizio Delfanti, Matteo Zulianello e Fabio Armanasco. "Renewable and citizen energy communities: Similarities, differences and open issues". ECONOMICS AND POLICY OF ENERGY AND THE ENVIRONMENT, n. 2 (marzo 2022): 25–44. http://dx.doi.org/10.3280/efe2021-002002.

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The paper discusses similarities and differences between the concepts of Renewable and Citizen Energy Communities introduced, respectively, by the 2018/2001 "RED II" directive on the promotion of the use of energy from renewable sources and by the 2019/944 "IEM" directive on common rules for the internal market for electricity, as well as some open issues to be tackled when transposing such directives into national laws, in order to achieve an efficient and effective implementation of such new collective energy production and consumption schemes. The paper also presents the framework introduced in Italy by the preliminary transposition of the "RED II" Directive (Decree Law 162/2019 and subsequent provisions) and by the recent legislative decrees for the complete transposition.

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Lantschner, Emma. "Indicators for Monitoring Implementation of EU Equality Directives". Review of Central and East European Law 45, n. 4 (16 dicembre 2020): 444–71. http://dx.doi.org/10.1163/15730352-bja10038.

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Abstract The present article discusses the usefulness of indicators in monitoring not only the legal transposition but also the practical implementation of the two Equality Directives adopted in 2000. It focuses on those provisions of the Directives which have assigned a particular role to ngos, both in reacting to discrimination as well as in preventing discrimination and promoting equality. Indicators have been developed on the basis of a comparative review of transposition and implementation, including case studies on Romania, Hungary and Croatia. Considering the great potential of ngos in contributing to achieve the aims of the Directives and the current worrying trends as to how they are supported in (or obstructed from) taking up their role, the article proposes using these indicators not only in the pre-accession context but also for regular monitoring of all EU member states.

13

Burri, Susanne D. "The Transposition of the Race Directive (2000/43/EC) and the Framework Directive on Equal Treatment in Employment (2000/78/EC) into Dutch and Belgian Law". International Journal of Comparative Labour Law and Industrial Relations 21, Issue 4 (1 dicembre 2005): 537–70. http://dx.doi.org/10.54648/ijcl2005026.

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Abstract: This article provides a comparison of some aspects of the transposition of the Race and the Framework Directives in Belgium and the Netherlands. The context of the implementation processes differed substantially, in that the outlook of the existing Belgian and Dutch equal treatment legislation at the time of the adoption of the directives was profoundly different. The most striking differences related to the existence or the absence of comprehensive provisions relating to the grounds for the prohibition of discrimination, exemptions justifying unequal treatment and the competences of judicial or administrative supervisory bodies. The analysis of these divergences provides interesting insights into some of the problems relating to the transposition of EC equal treatment directives. The paper focuses on the extent to which these different contexts have resulted in the proper or improper implementation of the directives.

14

Canivet, Guy. "Principes fondamentaux et transposition des directives communautaires Le contrôle du Conseil constitutionnel sur les lois de transposition des directives communautaires". European Review of Private Law 18, Issue 3 (1 giugno 2010): 487–99. http://dx.doi.org/10.54648/erpl2010038.

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Abstract: In France, the Conseil Constitutionnel did, at first, not consider the control of the transposition of European directives as its task. This has changed by the approval of the Maastricht Treaty. Inspired by other constitutional courts in Europe, the Conseil Constitutionnel has started to exercise a limited control as of 2004. It may even be foreseen that, after the example of the Italian Constitutional Court, the Conseil Constitutionnel will in the near future pose prejudicial questions to the European Court of Justice. Résumé: En France, le Conseil constitutionnel n’a pas exercé, au départ, de contrôle de la transposition des directives européennes. Cette situation a changé avec l’approbation du Traité de Maastricht. Inspiré par d’autres Cours constitutionnelles en Europe, le Conseil constitutionnel a commencé à exercer un contrôle limité à partir de 2004. Il est à prévoir que, à l’instar de la Cour constitutionnelle italienne, le Conseil constitutionnel posera, dans un proche avenir, des questions préjudicielles à la Cour européenne de justice. Zusammenfassung: In Frankreich hat der Conseil constitutionnel die Kontrolle über die Einhaltung der Umsetzung von europäischen Richtlinien zunächst nicht als eine seiner Aufgaben angesehen. Mit der Annahme des Maastrichter Vertrages hat sich das geändert. Inspiriert durch andere europäische Verfassungsgerichte, hat der Conseil constitutionnel seit 2004 eine beschränkte Kontrolle ausgeübt. Es wäre sogar abzusehen, dass der Conseil constitutionnel nach Vorbild des italienischen Verfassungsgerichts in absehbarer Zukunft dem Europäischen Gerichtshof Fragen im Rahmen des Vorabentscheidungsverfahrens stellen wird.

15

Hilson, Chris. "Liability of Member States in Damages: The Place of Discretion". International and Comparative Law Quarterly 46, n. 4 (ottobre 1997): 941–47. http://dx.doi.org/10.1017/s0020589300061285.

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In Francovich the European Court of Justice set out the conditions of liability of member States in the case of non-transposition of directives: first, the directive must confer rights on individuals; second, it must be possible to determine the content of those rights from the provisions of the directive; and third, there must be a causal link between the breach of the State's obligation and the damage suffered.

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THOMSON, ROBERT, RENÉ TORENVLIED e JAVIER ARREGUI. "The Paradox of Compliance: Infringements and Delays in Transposing European Union Directives". British Journal of Political Science 37, n. 4 (18 settembre 2007): 685–709. http://dx.doi.org/10.1017/s0007123407000373.

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What impact does the negotiation stage prior to the adoption of international agreements have on the subsequent implementation stage? We address this question by examining the linkages between decision making on European Union directives and any subsequent infringements and delays in national transposition. We formulate a preference-based explanation of failures to comply, which focuses on states' incentives to deviate and the amount of discretion granted to states. This is compared with state-based explanations that focus on country-specific characteristics. Infringements are more likely when states disagree with the content of directives and the directives provide them with little discretion. Granting discretion to member states, however, tends to lead to longer delays in transposition. We find no evidence of country-specific effects.

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Szendrei, Tamás. "The Transposition of Directive (EU) 2019/1151 into Romanian National Law". Erdélyi Jogélet 3, n. 1 (26 maggio 2022): 69–83. http://dx.doi.org/10.47745/erjog.2022.01.06.

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"Directive (EU) 2019/1151 of the European Parliament and of the Council amending Directive (EU) 2017/1132 as regards the use of digital tools and processes in company law, which was adopted by the European Parliament on 20 June 2019 and entered into force on 31 July 2019 (hereinafter as: Directive), is the first of two directives in the company law package. Promoting the use of digital tools and processes is the main purpose of the Directive, which involves three main things, i.e. enabling: online filing and accessing of company information, the online formation of certain types of companies, and the online registration of branches. In Romania, the transposition deadline of the Directive has been extended to 1 August 2022, with the authorization of the European Commission. The recent legislative evolution in the field of company law within the Romanian national law gives cause for hope. However, a normative act aiming at the implementation of the Directive into Romanian legislation is still far from completion, so the transposition procedure remains to be an ongoing process. The legislative evolution of the Romanian company law is quite dynamic despite the significant delay in the transposition of the Directive."

18

Williams, Christopher J. "Responding through transposition: public Euroskepticism and European policy implementation". European Political Science Review 10, n. 1 (26 luglio 2016): 51–70. http://dx.doi.org/10.1017/s1755773916000187.

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Do public attitudes concerning the European Union affect the speed with which member states transpose European directives? It is posited in this article that member state governments do respond to public attitudes regarding the EU when transposing European directives. Specifically, it is hypothesized that member state governments slow transposition of directives when aggregate public Euroskepticism is greater. This expectation is tested using extended Cox proportional hazard modeling and data derived from the EU’s legislative archives, the official journals of EU member states, and the Eurobarometer survey series. It is found that member state governments do slow transposition in response to higher aggregate public Euroskepticism. These findings have important implications for the study of European policy implementation, as well as for our understanding of political responsiveness in the EU.

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Biel, Łucja, e Agnieszka Doczekalska. "How do supranational terms transfer into national legal systems?" Terminology 26, n. 2 (4 dicembre 2020): 184–212. http://dx.doi.org/10.1075/term.00050.bie.

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Abstract The objective of this paper is to analyse how European Union (EU) supranational terms related to consumer protection transfer into domestic legal systems of three English-language jurisdictions (the UK, Ireland and Malta) during the transposition of EU directives. Transposition is a process of incorporating EU directives into national law and capturing supranational terms during their entry into national legal systems. We adopt a mixed-method approach of corpus linguistics and legal analysis of terms, working with a corpus of five directives and their UK, Irish and Maltese transposing acts. Distinguishing between a term and a concept level, we propose a categorisation of transfer techniques arranged along a cline from foreignization to domestication. They involve imports, modifications (non-denominative and denominative variants), localisations and zero transfer both at the term level and the concept level.

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Pouliquen, Thierry. "Transposition des directives anti-blanchiment : un châtiment de Sisyphe ?" Revue internationale du patrimoine N° 2, n. 1 (3 giugno 2019): 10–18. http://dx.doi.org/10.3917/ripa.002.0010.

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Bobek, Michal. "Why Is It Better to Treat Every Provision of EU Directives as Having Horizontal Direct Effect?" International Journal of Comparative Labour Law and Industrial Relations 39, Issue 2 (1 giugno 2023): 211–20. http://dx.doi.org/10.54648/ijcl2023014.

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The provisions of EU directives do not have horizontal direct effect. This contribution explains how that initial choice and statement made by the Court of Justice of the European Union in Marshall came to be gradually undermined by the numerous exceptions to this rule. If viewed together, they make one wonder about the nature of the present-day rule and the exceptions, in particular in areas like employment law or various aspects of prohibition of discrimination. This leads to the advice that could be given to national practitioners, puzzled about the present-day normative impact of directives in horizontal relationships: after the lapse of the transposition period, it is prudent to treat every provision of a EU directive as having horizontal direct effect. Court of Justice of the European Union, Marshall, Normative Impact of Directives, Employment Law, Horizontal Direct Effect

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McLoughlin, Aaron. "What is in a Name? - Regulation of Electrical and Electronic Products". European Energy and Environmental Law Review 14, Issue 10 (1 ottobre 2005): 252–64. http://dx.doi.org/10.54648/eelr2005037.

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Summary: Directive 2002/96/EC on waste electrical and electronic equipment (WEEE) and Directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical equipment (RoHS) marked both a major step by the European Community in regulating the environmental impact of products and possibly the high-water mark of Community environmental product regulation. In this article the author describes the state of transposition of the WEEE and RoHS Directives; considers what ``electrical and electronic equipment’’ is regulated; and outlines issues still to be resolved in environmental product regulation.

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Howes, Victoria. "Challenges of European Enlargement: Regulation of Health and Safety in Hungary and Poland". International Journal of Comparative Labour Law and Industrial Relations 20, Issue 2 (1 giugno 2004): 253–75. http://dx.doi.org/10.54648/ijcl2004014.

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Abstract: One of the essential requirements in the Copenhagen criteria for the 10 acceding countries is full alignment with the Community acquis communautaire. A large number of EC laws, especially in the form of directives, in the area of social policy, and in particular in the field of health and safety, have been adopted by the Community and need to be implemented by the date of accession. Full and correct transposition of the EC directives into the national laws is the first vital stage towards correct implementation. This article concentrates in particular on Framework Directive 89/391 and examines the approaches of Hungary and Poland to meeting the criteria and adapting to Community requirements in the area of health and safety. It is argued that there are still deficiencies in meeting the true requirements of the Directive in both countries and that these must be resolved before accession.

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Thomson, Robert. "Same effects in different worlds: the transposition of EU directives". Journal of European Public Policy 16, n. 1 (gennaio 2009): 1–18. http://dx.doi.org/10.1080/13501760802453098.

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Krajčírová, Renáta. "Slovak Income Tax Legislation in Terms of EU Secondary Law Transposition". EU agrarian Law 5, n. 2 (1 dicembre 2016): 33–36. http://dx.doi.org/10.1515/eual-2016-0010.

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Abstract The article deals with the integration process of implementation of European Union secondary law into the Slovak tax legislation. In particular, the article analyses whether provisions of (i) EU Parent Subsidiary Directive, (ii) EU Interest and Royalty Directive and (iii) EU Merger Directive are implemented into the Slovak Income Tax Act. Following our research, it should be noted that in general, the Slovak tax legislation has adopted the EU secondary law, in particular, the Parent Subsidiary and Interest and Royalty Directives have been implemented. It should be noted that the profit distributions are not subject to tax in Slovakia. It follows that interest and royalty are not subject to tax and is applicable to EU associated companies. Following the Slovak implementation of EU Merger Directive, merger transactions are generally treated as not giving rise to a capital gain. As a result, according to the Slovak Income Tax Act the income received by shareholders from acquiring new shares and income from exchange of the shares on merger transaction is not subject to income tax.

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Radwanowicz-Wanczewska, Joanna. "Implementation of New EU Directives Coordinating the Procedures for Awarding Public Contracts in European Union Member States: The Example of Poland". Studies in Logic, Grammar and Rhetoric 65, n. 1 (1 dicembre 2020): 133–54. http://dx.doi.org/10.2478/slgr-2020-0052.

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Abstract This article concerns the implementation of new EU Directives coordinating the procedures for awarding public contracts in European Union Member States. In a number of countries, including Poland, the process of their implementation (Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement; Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport, and postal services sectors; Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts) was delayed. In most cases, the modernization of EU regulations on public procurement required a thorough modification of national regulations in this respect. As a result of the introduction of the package of new Directives, the European Union public procurement market has undergone substantial changes. The need to adjust legal regulations to the changing political, social, and economic situations in a better way has resulted in the transposition of the modernized EU Directives concerning public procurement to the Polish legal system, affecting the final shape of the new Polish Public Procurement Law. The implementation of the package of new Directives has significantly affected the functioning of the Polish public procurement market. For the entities operating in this market, this means the necessity to expand their knowledge, so as to become familiar with the new legal solutions in this respect.

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van Rij, Evelien, e Willem K. Korthals Altes. "Integrated air quality and land use planning in The Netherlands". International Journal of Law in the Built Environment 6, n. 1/2 (8 aprile 2014): 194–210. http://dx.doi.org/10.1108/ijlbe-03-2013-0007.

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Purpose – This paper aims to review the rescaling of integrated planning policies for the built environment by the transposition of European directives on air quality in The Netherlands. Design/methodology/approach – This is a case study examining European and Dutch policies, legislation, case law and reports by various Dutch Courts of Auditors and assessment agencies. Findings – The paper reveals how a combination of measures that prohibit practices and measures constituting new ways of working has facilitated environmental protection and integrated planning. The case shows that transposition matters. At first, the aim of transposing European environmental directives into an integrated national legal system resulted in an erosion of integrated planning as courts nullified new development decisions. In later instances, it resulted in the National Cooperation Programme on Air Quality (NSL), an integrated system, allowing the weighing and monitoring of all policies that affect air quality. Research limitations/implications – The findings of this study of Dutch air quality regulation may contribute to other studies into the rescaling of environmental governance in relation to interactions between central norm-setting and integrated local policies. Practical implications – The case study shows a real working institutional system that relies on an interactive web tool that facilitates integrated planning decisions which respect environmental limit values. The problems faced and opportunities the system afforded are also discussed. Originality/value – This paper increases understanding of the process of the transposition of European directives in relation to integrated policies for the built environment, with a specific emphasis on ambient air quality.

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Pintos Santiago, Jaime. "Transposition of the 2014 European Directives on public procurement by Spain". European Journal of Public Procurement Markets 1, n. 1 (ottobre 2018): 24–32. http://dx.doi.org/10.54611/gjty3019.

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The major changes introduced by the new Spanish Law 9/2017 transposing the EU Directives of 2014 to the Spanish legal framework are discussed in this paper as well as major challenges due to their new law. Special attention is given to the adoption of mandatory e-procurement, including e-tendering, to all public contracts.

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Piir, Ragne, e Karin Sein. "Law Applicable to Consumer Contracts: Interaction of the Rome I Regulation and EU-directive-based Rules on Conflicts of Laws". Juridica International 24 (9 ottobre 2016): 63. http://dx.doi.org/10.12697/ji.2016.24.07.

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The article discusses the abundance and interaction of rules aimed at determining the law applicable to cross-border consumer contracts. Firstly, it examines whether there is a continuing need for conflict-of-laws rules that stem from consumer-related directives. It then addresses the question of whether the Estonian Law of Obligations Act’s conflict-of-laws rules comply with the consumer-related directives. Lastly, the relations between the conflict‑of‑laws rules stemming from consumer-related directives and the Rome I Regulation are analysed. The authors conclude that the level of consumer protection afforded by Rome I seems to allow for a waiver of the various simultaneously existing directive-based conflict rules. Such renunciation would not only resolve the issue of inaccurate transposition to national laws – an apparent problem for the Estonian legislator as well – but also contribute to legal certainty. While the conflict-of-laws rules of Rome I and the national directive-based rules coexist, the latter are to be considered subordinately to Rome I. The conflict rules of the Estonian Law of Obligations Act are deemed to be only domestically mandatory and therefore not to be viewed as overriding mandatory rules in the sense of Article 9 of Rome I.

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Benabou, Valérie-Laure. "La transposition des directives en droit interne : l'exemple du droit d'auteur". LEGICOM 30, n. 1 (2004): 23. http://dx.doi.org/10.3917/legi.030.0023.

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Ben Khelil, Kawthar. "Transposition of the 2014 European Directives on public procurement by France". European Journal of Public Procurement Markets 1, n. 1 (ottobre 2018): 14–23. http://dx.doi.org/10.54611/nwpx1893.

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The French public procurement code should be published in the next weeks. This project initiated by the French Government gave rise to a public consultation between 23 April and 29 May 2018; it is aimed at grouping together, without any amendments to current rules, all existing provisions relating to public procurement law (all contracts qualifying as public contracts and concessions), according to a consistent plan, in order to make the relevant legal framework clearer and more accessible. As of this day however, French rules relating to the conclusion and performance of public procurement contracts are contained in ordinance (ordonnance) n° 2015-899 of 23 July 2015 relating to public contracts (hereinafter referred to as the “Ordinance”) and its implementation decree (décret), n° 2016-360, of 25 March 2016 (hereinafter referred to as the “Decree”), that have implemented into domestic law the new European directives on public procurement. They entered into force on 1 April 2016. This contribution is aimed at providing an overall presentation of the significant changes resulting from the implementation into French law of EU Directives 2014/24 and 2014/25 without claiming to be exhaustive.

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Cavagna, Eliette Rubi. "La transposition des directives de l’Union européenne en droit pénal français". Archives de politique criminelle 41, n. 1 (2019): 147. http://dx.doi.org/10.3917/apc.041.0147.

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Thomson, Robert. "Opposition through the back door in the transposition of EU directives". European Union Politics 11, n. 4 (dicembre 2010): 577–96. http://dx.doi.org/10.1177/1465116510380283.

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Jacobs, Greg. "The Implementation of the Regulation of Electrical and Electronic Products (WEEE and RoHS Directives) – An evaluation of the Belgian situation in light of the review of Directive 2002/96". European Energy and Environmental Law Review 17, Issue 4 (1 agosto 2008): 199–212. http://dx.doi.org/10.54648/eelr2008019.

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This article focuses on the transposition and the economical and environmental impact of Directive 2002/96/EC on waste and electrical equipment (WEEE) and of Directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical equipment (RoHS) in Belgium. Although focused on the Belgian situation, a lot of observations and conclusions will also be valid for other EU countries with a similar approach. The conclusions will also be held against the remarks and recommendations made during the recent stakeholder consultation on the review of the WEEE Directive that is scheduled in 2008. At the same time this article gives an update of the latest developments in legislation and secondary legislation of the WEEE and RoHS Directives

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Guidi, Valentina. "The transposition of the 2014 Directives on public procurement into the Italian law: a challenge for a deep reform of the Italian public procurement system". European Journal of Public Procurement Markets 1, n. 1 (ottobre 2018): 45–51. http://dx.doi.org/10.54611/vkdm8311.

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The transposition of the 2014 Directives on public procurement into the Italian law represented a unique opportunity to introduce an ambitious reform of the Italian public procurement system. A strategic document, issued in 2015 by the Italian Government with the support of the European Commission, provided the main objectives, as pointed out in the EU Directives, and the guidelines of the reform which were first transposed by the Italian institutions into the new legislation on public procurement, the Code of public contracts, in 2016 and are currently being implemented by the different actors involved.

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Południak-Gierz, Katarzyna. "Wpływ dyrektyw 2019/770 oraz 2019/771 na poziom ochrony konsumenta w ramach reżimu rękojmi w prawie polskim". Prawo w Działaniu 54 (2023): 172–99. http://dx.doi.org/10.32041/pwd.5406.

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Legislative changes introduced during the transposition of Directives 2019/770 and 2019/771 affected the level of consumer protection in Polish law in different ways. Regulating contracts for the supply of digital content and services, introducing new criteria for compliance with the contract, expressly requiring a qualified consensus if the subject of the contract is defined as deviating from the standard, addressing the issue of update, legal defects, partial withdrawal from the contract, and the possibility of withholding payment of the price until fulfillment of obligations due to non-compliance of the item with the contract improved consumers’ protection. In contrast, introducing a hierarchy of remedies for non-conformity of sold goods and the obligation to take into account the need to promote more sustainable consumption and circular economy when interpreting the provisions transposing Directive 2019/771 have a negative impact on consumer legal position. Finally, chosen manner of transposition lead to the fragmentation of the system of liability for non-conformity with the sales contract and further fragmentation of the regulation of contracts for the supply of digital content and services.

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Letowska, Ewa, Monika Jagielska, Katarzyna Lis e Przemyslaw Miklaszewicz. "Implementation of Consumer Law in Poland". European Review of Private Law 15, Issue 6 (1 dicembre 2007): 873–89. http://dx.doi.org/10.54648/erpl2007050.

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Abstract: After a period of hastily transposing European consumer directives in connection with Poland’s accession to the EU, it is necessary to assess the correctness of the process of introducing European consumer law in Poland. Such an assessment is crucial for commencing the work of preparing a new Civil Code, which is expected to cover consumer regulations. This report from a conference organised in the course of a Polish–Dutch legal co-operation programme presents conclusions from a discussion between members of the Civil Law Commission Codification Commission and Polish and Dutch consumer law experts. The report constitutes a starting point for the Consumer Law Working Group, whose aim is to prepare a draft of the consumer law regulations in the new Civil Code. Part I gives a review of how the consumer directives have been implemented, and part II contains an analysis of the features of European consumer law that create implementation problems. The European legislator aims to harmonize the Member States’ legal systems, while the national legislator tries to achieve a coherent and effective internal system. Part III discusses various models of transposing the directives, and looks at the problems relating to the dynamic implementation of consumer law by courts and to out of court methods of pursuing consumer rights. Part IV summarises the most important issues raised during the conference. Résumé: Suite à la période d’une transposition hâtée des directives en matière de consommation, effectuée pour préparer l’adhésion de la Pologne à l’Union européenne, il est nécessaire de vérifier la régularité du procès, en son entier, de l’application de droit communautaire de la consommation en Pologne. Certes, une telle évaluation est indispensable vu le commencement des travaux préparatoires du nouveau Code civil polonais, dont le champ d’application couvrira également les rapports juridiques avec les consommateurs. Or, le rapport ci-dessous de la conférence organisée dans le cadre du programme de la coopération juridique polono-néerlandaise présente les conclusions tirées sur la base du débat auquel ont participé les membres de la Commission de la codification du droit civil, ainsi que les experts polonais et néerlandais en droit de la consommation. Ledit rapport sert comme le point de départ du Groupe de travail en matière du droit de la consommation chargé de préparer le projet de la réglementation du droit de la consommation dans le nouveau Code civil polonais. La première partie décrit l’état actuel de la transposition et de l’application des directives concernant les consommateurs. La deuxième partie porte sur les caractéristiques du droit européen de la consommation qui sont à la source des difficultés en transposition. En effet, le législateur communautaire tend à l’harmonisation des systèmes juridiques nationaux, pendant que la préoccupation principale du législateur national est la cohérence et l’efficacité du système interne. Ensuite, la troisième partie est consacrée aux divers modèles de la transposition des directives, aux problèmes liés à l’implémentation dynamique du droit de la consommation par les juridictions polonaises, ainsi qu’à la mise en ?uvre des droits des consommateurs par les voies extrajudiciaires. Enfin, la quatrième partie constitue une r&eacu

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Treutlein, D. "Zooming in on Transposition: National Execution Measures for EU Directives 1986-2002". CESifo Economic Studies 55, n. 1 (9 ottobre 2008): 94–109. http://dx.doi.org/10.1093/cesifo/ifp003.

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Valadares Tavares, Luís. "The transposition of the 2014 EU Directives on public procurement by Portugal: woes and expectations". European Journal of Public Procurement Markets 1, n. 1 (ottobre 2018): 33–44. http://dx.doi.org/10.54611/kmgs3421.

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The new EU Directives on Public Procurement are oriented to promote the application of the concept of strategic public procurement which has been subject to several communications and discussions promoted by the European Commission and European Parliament. This new approach to Public Procurement has deep implications in the legal framework adopted by each Member State as well as in the public administration culture and organization in order that the new objectives of promoting the qualification of markets, the increase of innovation, the respect by social cohesion and environmental sustainability and a better access to public markets by SME’s will be achieved aligned with the UE 2020 Agenda. In this paper, the process and the results of the transposition of this Directives by Portugal are studied not just in terms of the respect for the Directives rules but also considering its likely positive and negative impacts on Portuguese public markets which are also synthetically described herein.

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Moggi, Sara, Glen Lehman e Alessandra Pagani. "The juridification of social accounting and the transposition process of the non-financial reporting directive 2014/95/EU". Meditari Accountancy Research 31, n. 7 (19 luglio 2023): 185–211. http://dx.doi.org/10.1108/medar-01-2023-1897.

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Purpose This paper aims to critically analyse the transposition implications of Union Directive 2014/95. This Directive identified the need to raise the transparency of the social and environmental information provided by the undertakings to a similarly high level across all Member States. Design/methodology/approach The paper considers how the European Member States of the European Union (EU) have transposed Directive 2014/95 into their regulations. The focus is on the juridification of social accounting in the pursuit of creating an overlapping consensus through Habermas’s concept of internal colonisation. The paper uses qualitative content analysis to scrutinise the national laws that transpose Directive 2014/95, discussing both what has been accomplished and what can be achieved by the release of future legislative provisions. Findings Despite the aim of Directive 2014/95 to create a common language for disclosing non-financial information, this study shows an implementation gap among and between Member States and an inconsistent picture of the employment of this Directive. Its implementation in the 28 European countries was considered a process of colonisation in implementing Union directives among European undertakings. However, the implementation process, which exemplifies Habermas’s juridification, has failed due to the lack of balance between moral discourse and actions. Originality/value This paper contributes to the ongoing debates concerning the implementation of mandatory disclosure of environmental and social information in the EU Member States, promoting new directions for the EU’s democratic laws on social accounting. In addition, it offers an example of how internal colonisation only catalyses effects when moral laws are legitimised through the provision of procedures.

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König, Thomas, e Lars Mäder. "Non-conformable, partial and conformable transposition: A competing risk analysis of the transposition process of directives in the EU15". European Union Politics 14, n. 1 (6 luglio 2012): 46–69. http://dx.doi.org/10.1177/1465116512447703.

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Pivaty, Anna. "The Right to Custodial Legal Assistance in Europe: In Search for the Rationales". European Journal of Crime, Criminal Law and Criminal Justice 26, n. 1 (29 gennaio 2018): 62–98. http://dx.doi.org/10.1163/15718174-02601004.

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Following national transposition of procedural rights’ Directives, various eu and domestic authorities would need to interpret their provisions, including those concerning the right to custodial legal assistance. To inform this interpretation, account must be taken of the relevant ECtHR case law. However, many of the Directives’ provisions are so unclear, and the ECtHR approach is so inconsistent, that to achieve a coherent interpretation, it appears necessary to first identify the principles behind this right. This article examines these principles, in the form of rationales, from the theoretical, jurisprudential, and eu law perspectives. It concludes that the right should be conceived as grounded in a range of rationales, notwithstanding an alternative view that it serves (only) to protect the privilege against self-incrimination. The article fleshes out the consequences of this conclusion for interpreting some of the relevant Directives’ provisions, and for criminal defence practice.

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Thomas, Martha. "The Relationship between National Elections and the Delay in Transposition of E.U. Directives". Politics & Policy 41, n. 6 (dicembre 2013): 911–46. http://dx.doi.org/10.1111/polp.12052.

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Frieden, Dorian, Andreas Tuerk, Ana Rita Antunes, Vasilakis Athanasios, Alexandros-Georgios Chronis, Stanislas d’Herbemont, Mislav Kirac et al. "Are We on the Right Track? Collective Self-Consumption and Energy Communities in the European Union". Sustainability 13, n. 22 (12 novembre 2021): 12494. http://dx.doi.org/10.3390/su132212494.

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To accelerate the energy transition, the EU “Clean Energy for all Europeans” package aims to strengthen the involvement of end consumers in the energy market. To this end, together with so-called “active consumers” and provisions for individual and collective renewable energy self-consumption, two types of energy communities were introduced. The EU framework, however, leaves many details of the transposition process to the national level. The corresponding directives were supposed to be transposed by the end of December 2020 (recast Electricity Market Directive, defining active consumers and citizen energy communities) and by the end of June 2021 (Renewable Energy Directive, defining renewables self-consumption and renewable energy communities). In this paper, we critically discuss major developments of the transposition, including questions of the general distinction of the different concepts, governance and ownership, physical expansion, administrative barriers and the overall integration of energy communities into the energy system. The analysis builds on country case studies as well as on previous work by the authors on the status of the transposition process throughout the EU. The paper shows that the national approaches differ greatly and are at very different stages. While basic provisions are in place in most Member States to meet the fundamental EU requirements, the overall integration into the energy system and market is only partly addressed. This concerns, for instance, the analysis of system impacts of energy communities and measures that would allow and support energy system-friendly behaviour. In addition, several practical hurdles need to be overcome. These often relate to administrative requirements such as complex registration and licensing procedures, the need for the involvement of several institutions, or difficult procedures for access to relevant data. The paper concludes that discussed barriers will need to be carefully addressed if the high expectations for the role of energy communities are to be met.

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Pircher, Brigitte. "Member states’ opposition in the Council of the European Union and its impacts on the implementation of directives". Österreichische Zeitschrift für Politikwissenschaft 46, n. 3 (24 novembre 2017): 1. http://dx.doi.org/10.15203/ozp.1896.vol46iss3.

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In the Council of the European Union (EU), a qualified majority is mostly required to adopt legislative acts. Based on this majority rule, individual member states can be outvoted and are subsequently obliged to implement the law. This article analyses whether opposition in the Council of the EU affects the transposition of directives into national law by using the example of Austria from 2000 to 2008. The results demonstrate that domestic factors, rather than a negative political attitude, were responsible for delays and procedures when implementing previously contested directives. However, the effects of opposition in the Council on implementation were particularly apparent in cases where there was a high degree of misfit between EU provisions and the domestic legal structure.

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Thomas, Robert. "Transposing European Union Law in the United Kingdom: Administrative Rule–Making, Scrutiny and Better Regulation". European Public Law 14, Issue 2 (1 giugno 2008): 177–211. http://dx.doi.org/10.54648/euro2008015.

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The obligation of the Member States of the European Union (EU) to transpose EU law, in particular directives, into their own national legal systems can present a challenge for national governments. By considering the transposition of EU legislation in the United Kingdom (UK), this article examines the constitutional, legal and administrative aspects of the transposition process. In recent years, there has been debate in the UK as to whether or not there is over–implementation of EU law. By situating this debate within the broader context of the better regulation agenda, which has developed at both the national and EU level, the article examines the evidence whether or not the UK over–implements EU law. In particular, the article considers the recent report of the UK Government’s Davidson review into the implementation of EU legislation and its implications.

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Wimmel, Andreas. "Opposition gegen die Umsetzung von EU-Recht im Bundestag". Zeitschrift für Parlamentsfragen 54, n. 1 (2023): 87–104. http://dx.doi.org/10.5771/0340-1758-2023-1-87.

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One function of national parliaments is to transpose EU law into the domestic legal order . This article examines whether and under what conditions opposition parties in the Bunde- stag support such an implementation . The results of a statistical analysis of all votes on national transposition laws since 1990 show a stable trend toward a competitive opposi- tion, which is also manifested in the voting behavior of pro-European opposition parties . In addition, the relatively high rejection rates cannot be explained by a critical attitude toward the substantive translation into national law, because opposition is voiced not only to directives, but also to regulations and ECJ rulings that leave the government hardly any room for maneuver in transposition . Both findings confirm the EU politicization thesis, according to which European politics has become an integral part of national party compe- tition .

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Marson, James. "The Transposition and Efficacy of EU Rights: Indirect Effect and a Coming-of-Age of State Liability?" Business Law Review 36, Issue 4 (1 agosto 2015): 158–68. http://dx.doi.org/10.54648/bula2015021.

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Throughout the duration of the UK’s membership of the European Union (EU), non-implementation and incorrect transposition of Directives has been commonplace. Coupled with the Court of Justice of the European Union’s refusal to extend the direct effect of Directives to horizontal relationships, and historic difficulties in holding States liable in damages, it has often fallen to the national courts to give effect to EU laws through purposive statutory interpretation. Recent cases involving the collective redundancy of workers in the UK, and the High Court’s assessment of State Liability in the insurance sector (approved by the Court of Appeal), raise questions as to the efficacy of the current system of enforcement of EU law domestically. Despite the problems of access to EU rights experienced by workers in the UK, there appears to be hope that the judiciary is becoming more attuned to the relationship between EU and domestic laws, and are willing to take control of granting access to remedies without necessarily waiting for EU institutions to provide express permission or instruction. 2015 has thus far been a particularly important year in this regard. However, a systematic review of the UK’s transposition of EU law and the impact on individuals of the current suite of enforcement mechanisms is required if private enforcement of EU law is to provide the protection workers need and to which they are entitled.

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Gröbe, Benjamin. "Administrative Verhaltensmuster im europäisierten Willensbildungs- und Entscheidungsprozess auf nationalstaatlicher Ebene bei der Transposition von EU-Richtlinien". der moderne staat – Zeitschrift für Public Policy, Recht und Management 11, n. 2-2018 (3 dicembre 2018): 309–30. http://dx.doi.org/10.3224/dms.v11i2.05.

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In dem Beitrag wird eine Typologie vorgestellt, die es erlaubt, die Rolle der Ministerialbürokratie bei der Transposition von EU-Richtlinien auf mitgliedstaatlicher Ebene zu analysieren. Die Typologie beruht auf der Annahme, dass sowohl formelle als auch informelle Strukturen bürokratischer Organisationen einen Einfluss auf den internen Entscheidungsfindungsprozess haben. Basierend auf den beiden Dimensionen Bürokratische Kapazität und Politische Ambition können vier Idealtypen gebildet werden, die verschiedenartige Muster administrativen Verhaltens im Rahmen des politischen Willensbildungs- und Entscheidungsprozesses auf nationalstaatlicher Ebene während der Phase Politikformulierung abbilden. Im zweiten Teil des Artikels werden die formellen und informellen Strukturen und Charakteristika der Transpositionsprozesse von EU-Richtlinien in den Niederlanden, Frankreich, Dänemark und Griechenland dargestellt, um die vier idealtypischen Muster administrativen Verhaltens empirisch zu illustrieren. Die Fallbeispiele zeigen, dass die Vorgehensweise der Ministerialverwaltungen im Transpositionsprozess entlang der beiden Dimensionen variiert.

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Mathieu, Marie-Laure. "La transposition des directives en droit français: maîtrise des mots, maîtrise sur les mots". European Review of Private Law 20, Issue 5/6 (1 novembre 2012): 1277–304. http://dx.doi.org/10.54648/erpl2012081.

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