EU and National Law Transposition
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There are tremendous changes that have been made since the introduction of the Single European Act. These changes have aimed at transforming the once independent members into a community that is united and committed to do business and share many other mutual benefits that arises because of their relationship with each other. One of the areas that have seen a lot of these changes is the law of the member countries. When coming together to deliberate on how they could form a united market, the European countries had laws that guided the way the worked under each jurisdiction. Some of these laws were similar while others varied completely from each other. However, after enacting the 1986 SEA, these countries began a journey of harmonising their laws and regulations, making them to rhyme throughout Europe (Armstrong and Bulmer 55).
The introduction of the European Union law has had a lot of effects on the national law. These laws have played a critical role in shaping the European market to be the way it is today. One way that the EU has been integrated into the national law is through transposition. The transposition of the EU law into national law must be carried out within the specified and should be done correctly as spelt out in the Directives themselves. The member states are required by the Commission to formulate excellent practices that would guarantee an on time and correct transposition. The directives that are issued are binding and these members are expected to meet the results that are required by the directives. Therefore, it must be understood that the smooth running of the internal markets is depended on the timely and correct transposition of the law. On the other hand, any mistake that is made during the transposition period in any member state can jeopardise the smooth running of the whole market and that is why he directives emphasize on correct and within time transposition. This may result in a reduction in the competitive capability of the whole European market thus reducing the benefits of the member countries (Armstrong and Bulmer 51).
Since there have been challenges that have been experienced in the past arising from the failure of members to adhere to the transposition regulations, there are various strategies that have been developed to be used to encourage the these member to be accurate and on time in their transposition process. One of these strategies is the use of punishment through penalisation of member states if it is noticed that their transposition was incorrect on the internal markets and also when it is discovered that they have infringed the proceedings of the European Commission Treaty under Article 226. In such a case, the commission may be forced to take legal action against the country involved. However, this has not deterred completely the members from failing to carrying out their responsibility of transposing these directives to their local communities (Armstrong and Bulmer 341).
As a result, there have been proposals to come up with stricter regulations that will keep these countries in check. However, in most cases, countries have been encouraged to adopted excellent practices in their internal market to make the work of the Commission easer rather than stagnating at the same place because one or two member countries failed to adhere to the normal regulations of transposing the law. Therefore, there are various proposals that have been put forward to deal with these cases. First, the embers countries are required to act on the fundamental reasons that have led to late or inaccurate transposition. Similarly, the member countries are required to lay down a structure that will enable them to adhere to various practices and procedures with regard to their local environment (Armstrong and Bulmer 288).
On the other hand, members are required to compare the relationship between transposition measures and directives. And finally, these members are required to avoid unnecessary legislation with their areas of jurisdiction that may become a stumbling block to the achievements of the transposition of the directives within their boundaries thus derailing the work of the whole commission. Therefore, as part of their faithfulness to transposing the directives, the member states are supposed to declare their observance of the community law and to categorically state every part of the directive that has been transposed in an effective way (Armstrong and Bulmer 292).
There are various examples that can be cited among the member countries and be termed as the breaking of the laws that are stipulated in the Single Market Act and the directives. One of these cases is the United Kingdom which has been caught on the wrong side of the law. There have been arguments that the United Kingdom has in the past failed to protect the privacy of its citizens when utilizing the services of the electronic communications. As a result, the United Kingdom has been dragged into court to defend itself against these charges. The law of the protection of information and data belonging to particular citizens has been laid out clearly in the European Union laws and it is the responsibility of the government to ensure that the privacy of its citizens is kept secure, especially when communicating using electronic devices. The UK case is based on the fact that it allowed one of it advertising company to track down the activities that are carried out by internet users by giving the Internet Service Providers a means of making money if they tracked down communication to certain websites.
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