Tag Archives: Transposal

Interinstitutional Agreement on better law-making

Interinstitutional Agreement on better law-making

Outline of the Community (European Union) legislation about Interinstitutional Agreement on better law-making

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Institutional affairs > The decision-making process and the work of the institutions

Interinstitutional Agreement on better law-making

Document or Iniciative

Interinstitutional Agreement on Better Law-Making.

Summary

This Interinstitutional Agreement concerns the European Parliament, the Council of the European Union (EU) and the Commission. This Agreement establishes the general principles and arrangements for cooperation between the institutions, particularly during the legislative process. The Agreement aims to optimise the drafting and implementation of Union law.

Improving interinstitutional cooperation and transparency

The three institutions have agreed first of all on better coordination of the legislative process. This means that they will inform each other in good time of their plans and their work, for example by means of their annual legislative timetables or by synchronising the handling of common dossiers by the preparatory bodies in each institution.

The three institutions undertake to improve transparency and the accessibility of information for the public, for example by more broadcasting of public debates, through the systematic use of new communication technologies, by giving the public greater access to Eur-Lex and lastly by holding joint press conferences once they have reached agreement during the ordinary legislative procedure.

For each proposal the Commission will explain and justify to the European Parliament and to the Council its choice of legislative instrument and the legal basis. It will ensure that the measure proposed is simple and necessary.

Promoting co-regulation and self-regulation

The EU legislates only where it is necessary. It is sometimes useful to resort to alternative methods of regulation, such as co-regulation or self-regulation.

Co-regulation is a mechanism whereby attaining the objectives laid down in a legislative act is entrusted to parties which are recognised in the field (economic operators, social partners, non-governmental organisations, etc.). The basic legislative act therefore defines the framework and extent of the co-regulation. The parties concerned are then able to conclude voluntary agreements between themselves in order to achieve the objectives of the legislative act.

Self-regulation means the possibility for economic operators, the two sides of industry, non-governmental organisations or associations to adopt amongst themselves and for themselves common guidelines at European level. These guidelines may, for example, take the form of a code of conduct or a sectoral agreement. They do not generally imply that the European institutions have adopted any particular stance. However, the latter reserve the right to adopt a legislative act when it concerns an area for which the EU has competence.

Improving the quality of legislation

The three institutions have undertaken to produce legislation that is clear, simple and effective. The Commission is asked to conduct pre-legislative consultations and to make public the results of those consultations. It will continue to carry out impact assessments for major items of draft legislation, in order to evaluate their social, economic and environmental consequences. If the European Parliament or the Council makes a substantial amendment, an assessment of the impact of that amendment is desirable. In order to improve the consistency of texts, legal verification needs to be carried out before an act is finally adopted.

Improving the transposition and application of Union law

In order to encourage Member States to transpose Union law properly within the prescribed period, Directives must contain a binding time limit of not more than two years for the transposition of their provisions into national law. If a Member State fails to do this, the Commission can launch an infringement procedure. It will draw up annual reports on the transposition of Directives in the various Member States.

Simplifying legislation

Legislation can be simplified in various ways: by repealing acts that are no longer applied or through the codification or recasting of acts. Codification (or consolidation) is a procedure that consists of repealing the acts concerned and replacing them with a single act containing the unchanged substance of those acts. Recasting consists of the adoption of a new legal act incorporating in a single text both the substantive amendments it makes to an earlier act and the unchanged provisions of that act. The new legal act replaces and repeals the earlier act.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Interinstitutional Agreement

16.12.2003

OJ C 321 of 31.12.2003

Related Acts

Interinstitutional Agreement of 22 December 1998 on common guidelines for the quality of drafting of Community legislation [OJ C 73 of 17.3.1999].
This agreement lays down guidelines for the quality of the drafting of Community legislation. For example, all acts are drawn up in accordance with a standard structure (title, preamble, enacting terms, annexes). The content of acts must be drafted in a concise and homogenous manner.

Interinstitutional Agreement of 20 December 1994 on an accelerated working method for official codification of legislative texts [OJ C 102 of 4.4.1996].
This interinstitutional agreement points out that codification does not involve any substantive amendment of the acts concerned. Proposals for codification from the Commission are to be examined by the European Parliament and the Council by means of an accelerated procedure.

Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts [OJ C 77 of 28.3.2002].
This interinstitutional agreement lays down the rules for recasting, which must be justified on grounds explicitly set out in the explanatory memorandum. Precise indications must be given as to which provisions of the previous act remain unchanged.

This summary is for information only. It is not designed to interpret or replace the reference document, which remains the only binding legal text.

Directive

Directive

Outline of the Community (European Union) legislation about Directive

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Institutional affairs > The decision-making process and the work of the institutions

Directive

The directive forms part of the secondary law of the European Union (EU). It is therefore adopted by the European institutions in accordance with the founding Treaties. Once adopted at European level, the directive is then transposed by Member States into their internal law.

A binding act of general application addressed to the Member States

Article 288 of the Treaty on the Functioning of the EU states that a directive is binding. Like the European regulation or the decision, it is binding upon those to whom it is addressed. It is binding in its entirety and so may not be applied incompletely, selectively or partially.

However, a directive is distinct from a decision or a regulation. While a regulation is applicable in Member States’ internal law immediately after its entry into force, a directive must first be transposed by the Member States. Thus, a directive does not contain the means of application; it only imposes on the Member States the requirement of a result. They are free to choose the form and the means for applying the directive.

Furthermore, a directive also differs from a decision as it is a text with general application to all the Member States.

Moreover, Article 289 of the Treaty on the Functioning of the EU (TFEU) specifies that a directive is a legislative act when it is adopted following a legislative procedure. In principle, a directive is therefore the subject of a Commission proposal. It is then adopted by the European Council and the Parliament in accordance with the ordinary legislative procedure or the special legislative procedure.

A directive enters into force once it has been notified to the Member States or published in the Official Journal.

A legal act which must be transposed

This is a two-tier legal act which comprises:

  • the directive proper, issued by the European institutions;
  • national implementing measures, issued by the Member States.

Entry into force does not in principle imply direct effect in national law. In order for this to happen, a second stage is necessary: transposition. Transposition is carried out by the Member States; it means adopting national measures to enable them to achieve the results stipulated by the directive. The national authorities have to notify the Commission of these measures.

Solutions found to deal with failure to transpose a directive properly

In principle, a directive must be transposed by a deadline set by the institutions (between six months and two years). Once the deadline has passed:

  • the Commission may ask the Court of Justice to rule against a Member State (failure to comply with the Court’s ruling may lead to a further negative ruling, which could result in fines).
  • under certain circumstances, the Court of Justice has also allowed individuals the possibility of redress where directives have been transposed poorly or late (see its judgment in the case of Francovich and Bonifaci of 19 November 1991).
  • the Court of Justice considers that a directive has direct effect (i.e. an individual may rely on it in court).

A directive has vertical direct effect once the deadline for transposition has passed. This means that an individual may rely on the text against a Member State in court. However, it does not have horizontal direct effect (i.e. an individual may not rely on the text against another individual in court).

However, the Court of Justice has established several conditions so that an individual may refer to a directive before the courts, specifically:

  • the provisions of a directive are unconditional and sufficiently precise;
  • the directive shall not have been correctly transposed by a national measure by the set deadline.

Croatia – Employment and Social Affairs

Croatia – Employment and Social Affairs

Outline of the Community (European Union) legislation about Croatia – Employment and Social Affairs

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Employment and social policy: international dimension and enlargement

Croatia – Employment and Social Affairs

acquis) and, more specifically, the priorities identified jointly by the Commission and the candidate countries in the analytical assessment (or ‘screening’) of the EU’s political and legislative acquis. Each year, the Commission reviews the progress made by candidates and evaluates the efforts required before their accession. This monitoring is the subject of annual reports presented to the Council and the European Parliament.

Document or Iniciative

Commission Report [COM(2010) 660 final – SEC(2010) 1326 – Not published in the Official Journal].

Summary

The 2010 Report notes a good level of alignment, but also shortcomings concerning labour law, social protection, protection against discrimination and equality between men and women. The functioning of social dialogue should also be improved.

EUROPEAN UNION ACQUIS (according to the Commission’s words)

The acquis in the social field includes minimum standards in areas such as labour law, equal treatment of women and men in employment and social security, and health and safety at work. The European Social Fund (ESF) is the main financial tool through which the EU supports the implementation of its Employment Strategy and contributes to social inclusion efforts (implementation rules are covered under Chapter 22, which deals with all structural instruments). The Member States participate in social dialogue at European level and in EU policy processes in the areas of employment policy, social inclusion and social protection.

EVALUATION (according to the Commission’s words)

Good progress has been made on social policy and employment. There is a good level of alignment with the acquis.

However, some gaps remain in alignment of the legislation, notably on transposing labour law directives, and in the field of anti-discrimination and gender equality.

Administrative capacity requires further strengthening.

Related Acts

Commission Report [COM(2009) 533 final – SEC(2009) 1333 final – Not published in the Official Journal].

The October 2009 Report noted a satisfactory level of alignment of Croatian legislation with the Community acquis. However, the country’s administrative capacity had to be strengthened in order to guarantee the effective transposition and appropriate implementation of the acquis in this area.

Commission Report [COM(2008) 674 final – SEC(2008) 2694 final – Not published in the Official Journal].
The November 2008 Report underlined the progress accomplished to complete bringing the legislation into line. Development of administrative capacity was still essential with regard to the accession negotiations.

Commission Report [COM(2007) 663 final – SEC(2007) 1431 – Not published in the Official Journal].
The November 2007 Report highlighted considerable progress in job creation and the reduction of the rate of unemployment. Shortcomings still persisted, in particular concerning workers’ mobility.

Commission Report [COM(2006) 649 final – SEC(2006) 1385 final – Not published in the Official Journal].
The November 2006 Report noted that efforts were needed with regard to the weak administrative capacity.

Commission Report [COM(2005) 561 final – SEC(2005) 1424 final – Not published in the Official Journal].
The November 2005 Report noted that legislative activity was limited to health and safety at work, without, however, building up the necessary enforcement capacity.

Commission Opinion [COM(2004) 257 final – Not published in the Official Journal].
In its April 2004 Opinion, the Commission stated that Croatia had to make considerable and sustained efforts to align its legislation with the Community acquis.