Preliminary communication
https://doi.org/10.31141/zrpfs.2020.57.135.43
European directives in French internal law: transposition, under-transposition, over-transposition
Jérôme Michel
Abstract
By decision of 8 July 2019 in the case of the Commission against Belgium (case C-543/17) the European Union Court interpreted and for the first time applied article 260 section 3 of UFEU, which allows handing down fines for not respecting „obligations of sending measures of transfer“ of the Union's directive. The Court concluded that the words „obligation to submit measures for transfer “ must be interpreted as a member state obligation to provide adequately clear and precise information on the measures for directive transfer. In order to fulfil the obligations for legal security and ensure the transfer of all provisions of the concrete Directive in a certain area, member states must for every provision of that directive emphasise the national provisions which ensure its transfer. Following the case judgement, advisory departments of the State Council of the Republic of France must for the application of a concrete directive, demand from the ministries that during examination of transferring texts that they compile a table of harmonisation between Directive provisions (article by article) and national transfer measures. Such practice is obligatory. This decision illustrates the acuteness and actuality of the problem of transferring European directives into national legislature of member states.
Keywords
transferring European directives; case of the Commission against Belgium (case C-543/17)
Hrčak ID:
234561
URI
Publication date:
19.2.2020.
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