Transposition (law)

Last updated

In European Union law, transposition is a process by which the European Union's member states give force to a directive by passing appropriate implementation measures. [1] Transposition is typically done by either primary legislation or secondary legislation.

The European Commission closely monitors that transposition is timely, correctly done and implemented, so as to attain the results intended. [2] Incorrect transposition may be the result of non acting (leaving aside certain provisions), diverging (other scope, definition or requirement), "gold-plating" (exceeding the requirements of the directive), "double-banking" (overlapping between existing national laws and the transposed directive), or "regulatory creep" (overzealous enforcement or a state of uncertainty in the status of the regulation). [3]

The European Commission may bring a case in the European Court of Justice against states which have not transposed directives adequately. [4] Additionally, any individual or business in a Member State may lodge a complaint with the Commission about the incorrect or delayed transposition of an EU directive or "for any measure (law, regulation or administrative action) or practice attributable to a Member State which they consider incompatible with a provision or a principle of EU law". [5]

The Commission publishes an annual report summarising how EU law has been transposed, with statistics on the numbers and types of infringements, per country and sector. [6]

Related Research Articles

Directive (European Union) Legislative act of the European Union

A directive is a legal act of the European Union that requires member states to achieve a particular result without dictating the means of achieving that result. Directives first have to be enacted into national law by member states before their laws are ruling on individuals residing in their countries. Directives normally leave member states with a certain amount of leeway as to the exact rules to be adopted. Directives can be adopted by means of a variety of legislative procedures depending on their subject matter.

Regulation (European Union) Type of EU legislative act

A regulation is a legal act of the European Union that becomes immediately enforceable as law in all member states simultaneously. Regulations can be distinguished from directives which, at least in principle, need to be transposed into national law. Regulations can be adopted by means of a variety of legislative procedures depending on their subject matter.

Enforcement Directive

Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights is a European Union directive in the field of intellectual property law, made under the Single Market provisions of the Treaty of Rome. The directive covers civil remedies only—not criminal ones.

Directive 2014/65/EU European Union law

Directive 2014/65/EU, commonly known as MiFID 2, is a legal act of the European Union. Together with Regulation (EU) No 600/2014 it provides a legal framework for securities markets, investment intermediaries, and trading venues. The directive provides harmonised regulation for investment services of the member states of the European Economic Area — the EU member states plus Iceland, Norway, and Liechtenstein. Its main objectives are to increase competition and investor protection, and level the playing field for market participants in investment services. It repeals Directive 2004/39/EC.

Battery Directive

The Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC, commonly known as the Battery Directive, regulates the manufacture and disposal of batteries in the European Union with the aim of "improving the environmental performance of batteries and accumulators".

European Data Protection Supervisor

The European Data Protection Supervisor (EDPS) is an independent supervisory authority whose primary objective is to monitor and ensure that European institutions and bodies respect the right to privacy and data protection when they process personal data and develop new policies.

Citizens Rights Directive EU directive defining right of free movement

The Citizens’ Rights Directive 2004/38/EC defines the right of free movement for citizens of the European Economic Area (EEA), which includes the member states of the European Union (EU) and the three European Free Trade Association (EFTA) members Iceland, Norway and Liechtenstein. Switzerland, which is a member of EFTA but not of the EEA, is not bound by the Directive but rather has a separate bilateral agreement on free movement with the EU.

Capital Requirements Directives

The Capital Requirements Directives (CRD) for the financial services industry have introduced a supervisory framework in the European Union which reflects the Basel II and Basel III rules on capital measurement and capital standards.

The End of Life Vehicles Directive is a Directive of the European Union addressing the end of life for automotive products. Every year, motor vehicles which have reached the end of their useful lives create between 8 and 9 million tonnes of waste in the European Union. In 1997, the European Commission adopted a Proposal for a Directive to tackle this problem.

The Immigration Regulations 2006 amended by SI 2009/1117, SI 2011/1247 and SI 2015/694 which have now been mostly repealed and superseded by the Immigration Regulations 2016 was a piece of British legislation which implemented the right of free movement of EEA nationals and their family members in the United Kingdom. It is based on Directive 2004/38/EC. It allows EEA citizens and their family members to live and work in the UK without explicit permission. Although Swiss citizens are covered by a separate bilateral agreement; they are treated basically the same as EEA nationals. Family members may need a special entry clearance to enter the UK.

The Revised Payment Services Directive is an EU Directive, administered by the European Commission to regulate payment services and payment service providers throughout the European Union (EU) and European Economic Area (EEA). The PSD's purpose was to increase pan-European competition and participation in the payments industry also from non-banks, and to provide for a level playing field by harmonizing consumer protection and the rights and obligations for payment providers and users. The key objectives of the PSD2 directive are creating a more integrated European payments market, making payments more secure and protecting consumers.

The Erika legislative packages of the European Union are maritime laws intended to improve safety in the shipping industry and thereby reduce environmental damage to the oceans.

Directive 2011/61/EU

Directive 2011/61/EU is a legal act of the European Union on the financial regulation of hedge funds, private equity, real estate funds, and other "Alternative Investment Fund Managers" (AIFMs) in the European Union. The Directive requires all covered AIFMs to obtain authorisation, and make various disclosures as a condition of operation. It followed the global financial crisis. Before, the alternative investment industry had not been regulated at EU level.

The European Union's Third Energy Package is a legislative package for an internal gas and electricity market in the European Union. Its purpose is to further open up the gas and electricity markets in the European Union. The package was proposed by the European Commission in September 2007, and adopted by the European Parliament and the Council of the European Union in July 2009. It entered into force on 3 September 2009.

Sixpack (European Union law)

The EU economic governance, Sixpack describes a set of European legislative measures to reform the Stability and Growth Pact and introduces greater macroeconomic surveillance, in response to the European debt crisis of 2009. These measures were bundled into a "six pack" of regulations, introduced in September 2010 in two versions respectively by the European Commission and a European Council task force. In March 2011, the ECOFIN council reached a preliminary agreement for the content of the Sixpack with the commission, and negotiations for endorsement by the European Parliament then started. Ultimately it entered into force 13 December 2011, after one year of preceding negotiations. The six regulations aim at strengthening the procedures to reduce public deficits and address macroeconomic imbalances.

Primary legislation and secondary legislation are two forms of law, created respectively by the legislative and executive branches of governments in representative democracies. Primary legislation generally consists of statutes, also known as 'acts', that set out broad outlines and principles, but delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation, creating legally enforceable regulations and the procedures for implementing them.

Capital Requirements Regulation 2013 EU banking law

The Capital Requirements Regulation(EU) No. 575/2013 is an EU law that aims to decrease the likelihood that banks go insolvent. With the Credit Institutions Directive 2013 the Capital Requirements Regulation 2013 reflects Basel III rules on capital measurement and capital standards.

Regulation of pesticides in the European Union

A pesticide, also called Plant Protection Product (PPP), which is a term used in regulatory documents, consists of several different components. The active ingredient in a pesticide is called “active substance” and these active substances either consist of chemicals or micro-organisms. The aims of these active substances are to specifically take action against organisms that are harmful to plants. In other words, active substances are the active components against pests and plant diseases.

The Directive on the accessibility of websites and mobile applications also known as Directive (EU) 2016/2102 was adopted by the EU in 2016. This Directive applies to public sector organizations of Member state of the European Union. The goal was to ensure that all public sector organizations were accessible for the 80 million people with disabilities in the EU.

References

  1. ↑ "Better Regulation Glossary" (PDF). European Commission. Retrieved 2019-10-12.
  2. ↑ "EUROPA - Glossary - Monitoring the application of Community law". Archived from the original on 2009-01-16. Retrieved 2009-01-17.
  3. ↑ Renda, Andrea (2009). Policy-Making in the EU: Achievements, Challenges and Proposals for Reform. CEPS. p. 76. ISBN   978-9290798859.
  4. ↑ "Infringements of EU law". European Commission. Retrieved 29 September 2013.
  5. ↑ "Exercise your rights". European Commission. Archived from the original on 4 October 2013. Retrieved 29 September 2013.
  6. ↑ "Annual reports on monitoring the application of EU law". European Commission. Retrieved 6 December 2018.


This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.