World Library  
Flag as Inappropriate
Email this Article

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


  1. ^ "Better Regulation Glossary". European Commission. Retrieved 2008-09-04. 
  2. ^
  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. 

This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.

Copyright © World Library Foundation. All rights reserved. eBooks from Project Gutenberg are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.