On the choice of methods of transposition of EU Directives

• Autores: Richard Král
• Localización: European law review, ISSN 0307-5400, Nº 2, 2016, págs. 220-242
• Idioma: inglés
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• Resumen

  • The article scrutinises the freedom of choice of Member States regarding methods of transposition of EU directives. It is argued that this freedom is significantly limited and that its limits are influenced by several factors, which have their origin in both EU law and the national legal systems of Member States. The article identifies and assesses these factors. The analysis focuses on the main methods of transposition of EU directives: copying, elaboration, minimalistic transposition and gold-plating. The aim is to design a comprehensive systematic framework within which the choice of transposition methods and the real limits of this choice can be conceptualised. The article stresses that, owing to a number of limiting factors, the choice between the main methods of transposition can never be exercised in a mechanical manner. The choice has to be based, instead, on a systematic and targeted analysis of the content of the directive concerned, relevant national laws, as well as directly.