The Court of Justice of the European Union has ultimate jurisdiction for the legal interpretation of the Treaty and EU legislation. Over the past decade, the Court of Justice has taken an increasing number of decisions on the interpretation of EU environmental law and its approximation by Member States in the context of the establishment of the internal market. It has also developed important principles for the implementation of the Directives. Discover our 8 practical notes on the approximation of laws The approximation or harmonisation of certain concepts implies gradually eliminating existing and valid divergences in the various national laws. This is based on the ultimate objective of the EU article, which could be to lay the foundations for `maximum` harmonisation/approximation at a later stage, or simply to clarify the meaning of certain terms or the way in which certain situations are to be dealt with in the legislation of all EU Member States (harmonisation/minimum approximation). For the elements of maximum harmonisation, the wording of the legislation is closer to a regulation (where Member States have no room for manoeuvre to transpose the directive and only have to transpose the wording into their national legislation). This very complex task must be carried out continuously in preparation for integration and not only by parliaments, but also in close cooperation with EU governments and institutions. The legal basis for this is Article 70 of the SAA, which provides for the general obligation that “Bosnia and Herzegovina shall endeavour to ensure that its existing and future legislation is progressively brought into line with the acquis communautaire. Bosnia and Herzegovina will ensure that existing and future legislation is properly applied and enforced.
Many of the steps that Member States regularly follow in the alignment process are the same for all directives and regulations. These are listed in the following pages, as well as some of the more specific issues that need to be decided in the context of aligning national legislation with that of the European Union. See: Consolidated versionFor amendments, see Regulation (EC) No 1272/2008, Articles 57 to 59 Entry into force 20. January 2009 Deadline for transposition N/A Classification, labelling and packaging of substances and mixtures Brexit 23:00 (GMT) On 31 December 2020 marked the end of the Brexit transition/implementation period initiated after the withdrawal of the United Kingdom from the European Union (EU). At that time (known as the “pi closing date”) important transitional provisions came to an end and significant changes came into effect throughout the UK legal system. The department responsible for environmental alignment must take into account individual EU laws when determining its discretion in terms of scope, form, level and definition of requirements under its national laws and regulations. appear to be contrary to EU law, in which case the assessment should include a review of options for amending the relevant national legislation (e.g. to adapt or replace existing legislation); Here, too, all parts of the relevant national law must be taken into account. Second, provide the institutions and budgets necessary for the implementation of laws and regulations (known as the “implementation” or “practical application” of the Directive – see Annex 4 for full definitions). Countries have the choice between new laws and administrative measures or amend existing laws and measures. It may decide that a single law must be introduced or amended, or that a number of laws must be promulgated or amended to give effect to a particular directive. A country may also decide to transpose several directives through national legislation.
Around 10% of EU environmental legislation takes the form of regulations. The regulations are directly binding in the Member States and replace any conflicting national legislation. Member States may not transpose the provisions of the Regulations into national law, even if the national law is identical to the Regulation. (11) The Regulations are therefore largely outside the approximation process and enter into force in the acceding countries on the date of accession. Nevertheless, environmental legislation requires the implementation of new national measures and therefore cannot be completely ignored before accession. Not necessarily. Countries can use existing national laws or changes to existing laws to implement the Directive. However, it is rare for an existing law to fit in perfectly and experience has shown that it is not wise to rely on existing legislation unless its adequacy has been demonstrated on the basis of a detailed provision by comparing national law with the EU Directive. The approximation of laws is a single obligation of membership of the European Union. This means that countries wishing to join the European Union will have to align their national laws, rules and procedures in order to give effect to all Union law contained in the acquis communautaire(2).
Key Procurement Cases – Pre-Procurement Considerations [Archived] ARCHIVED: This practice note has been archived and is not retained. This practice note is part of a series of archived practice notes that compile and summarize outstanding case law and historical principles related to public procurement law. The majority of entries in this practice note are archived cases decided before the entry into force of the Government Procurement Regulations 2015. Details of the latest developments in case law are available at: • UK Public Procurement Case Tracker • EU Public Procurement Case Tracker The cases in this practice note focus on pre-procurement considerations. Pre-procurement considerations are essential to ensure that the right procedure is followed and that good project management techniques are incorporated into the procurement process.