Varying Perceptions of the Legal Effect of EU Post-legislative Guidance

• Autores: Josine Polak, Esther Versluis
• Localización: European law review, ISSN 0307-5400, Nº 1, 2022, págs. 52-68
• Idioma: inglés
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• Resumen

  • Post-legislative guidance, such as interpretative rules, decisional acts and compliance templates, is but one of the many tools that the European Union (EU) has at its disposal to compel compliance from its Member States. The legal effect of these different types of guidance varies, but so does its interpretation in different Member States. This article analyses the varying perceptions of the legal effect of post-legislative guidance via EU directives on pollution prevention, air safety and product safety. Based on interviews in the Netherlands, Poland and Portugal, this study illustrates a wide variety of perceptions of the legal effect of EU post-legislative guidance, as well as a variety of perceptions about whether such guidance should be binding. In turn, this may influence the extent to which such postlegislative guidance is actually followed up.