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Transposition (law)

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 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 "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]

See also

References

  1. ^ "Better Regulation Glossary". European Commission. Retrieved 2008-09-04. 
  2. ^ http://europa.eu/scadplus/glossary/community_law_application_en.htm
  3. ^ Renda, Andrea (2009). Policy-Making in the EU: Achievements, Challenges and Proposals for Reform. CEPS. p. 76.  
  4. ^ "Infringements of EU law". European Commission. Retrieved 29 September 2013. 
  5. ^ "Exercise your rights". European Commission. Retrieved 29 September 2013. 
  6. ^ "Annual reports on national implementation of EU law". European Commission. Retrieved 27 September 2013. 


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