Primeri uporabe Transposing directives v Angleški in njihovi prevodi v Slovenski
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Non-communication of national measures transposing directives or other notification obligations;
The possibility for Member States tointroduce exclusions in their national legislation when transposing directives.
This does not simply mean transposing directives, but rather means implementing the legislation in all businesses within the Union.
A large volume of proceedings concerndelays in the communication of Member State measures transposing directives.
While Member States are responsible for transposing directives accurately and on time, it is the Commission's role as guardian of the Treaties to check that this is done.
The average time taken to process proceedings for failure to notify national measures transposing directives remained at around 15 months.
(15c) Where this Regulationauthorises EBA to apply national laws transposing Directives, they can be applied by EBA only to the extent necessary for carrying out the tasks conferred on it by Union law.
It is also important to find alternativelegislation that is less burdensome in terms of procedures and costs when transposing directives.
These categories cover: non-communication of national measures transposing directives or other notification obligations;…"3.
The total number increased by a little less than one per cent from 2007,with a 15% decrease in proceedings for failure to notify measures transposing directives.
In this context, the continuing tendency by MemberStates to add unnecessary provisions when transposing directives into national law must be curtailed if the full benefits of an integrated market for financial services are to be realised.
Similarly, Member States should avoid‘gold plating',i.e. exceeding the requirements of EU legislation when transposing Directives into national law.
The EESC points out thatMember States should not use transposing directives as an excuse to revise parts of their national legislation which are not directly affected by the Community legislation in question(gold-plating), or to"downgrade" domestic legal provisions.
The average time taken toprocess cases concerning failure to notify Member State measures transposing directives remained around 14 months.
These functions include its own workreviewing the conformity of Member State measures transposing directives, committee and expert group work on the implementation and application of Community law, correspondence and complaints from citizens, business and civil society and work with Member States producing reports on the application of Community law.
The Constitutional Court has already adopted theposition that its competence to review the constitutionality of regulations transposing directives into the national legal order is not excluded.
Further, when implementing national measures transposing directives, the authorities and courts of the Member States must not only interpret their national law in a manner consistent with thosedirectives but also make sure that they do not rely on an interpretation of national rules which would be in conflict with those fundamental rights or with the other general principles of EU law, such as the principle of proportionality.
It also assumes that Community aid is used more to help Member States better to implement Community guidelines, decisions and commitments,whether this involves transposing directives or implementing the Lisbon strategy.
Notes that the Commission insists that the Member States notify it shouldthey decide, when transposing directives into national law, to add elements which make it clear to the public which provisions are the EU's responsibility and which the Member State's;
In its annual report on the application of European Union law, the Commission will use the statistics available to it toexamine in depth the Member States' performance in transposing directives within the time limits.
As regards legal migration,efforts have been geared towards stepping up notifying measures transposing Directives on family reunification and on the status of long-term-resident third-country nationals.
However, national courts may not refer to the Court of Justice preliminary questions on the validity of the procedural acts of the EPPO with regard to national procedural law orto national measures transposing Directives, even if this Regulation refers to them.
Specific procedures are in place to manage andcontrol the risk of adding manifestly unnecessary measures when transposing Directives, e.g. a designated government committee carries out a systematic control of national transposition drafts, which go beyond the requirements of Directives; .
Since the scope, the essential health and safety requirements and conformity assessment procedures are to be identical in all theMember States there is almost no flexibility in transposing Directives based on the New Approach principles into national law.
Given that the Member States regularly exceed the deadlines for transposing directives- this was the case for Directive 2003/42/EC on the subject at hand- and given that identifying any safety problems as rapidly as possible can avoid disasters and save lives, the Committee agrees with the Commission that a legislative act which is directly applicable(a regulation in this case) is the most appropriate legal instrument to achieve the goals set.
In the judgment in Joined Cases C-20/00 and C-64/00 Booker Aquaculture and Hydro Seafood[2003] ECR I-7411, the Court, in line with the opinion of Advocate General Mischo, declared that, in so far as they are general principles of Community law,the fundamental rights must be observed by States when transposing directives into their national legal systems.
Concerning legal migration, respectively eightand eleven Member States have not yet completed the notification of measures transposing Directives on family reunification and the status of long-term resident third-country nationals, which is over one year after the transposition deadline.
However, such EU initiatives must be complemented with actions at the national level, for example by efforts to reduce administrative burden orby avoiding adding additional requirements when transposing Directives into national law("gold-plating"), such as tax barriers to cross-border investment.
Calls, therefore, on the Member States to take all necessary measures to respect their commitments, including by providing correlation tables containing clear andprecise information on the national measures transposing directives in their domestic legal order, as agreed in the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents and in the Joint Political Declaration of 27 October 2011 of the European Parliament, the Council and the Commission on explanatory documents;
Where appropriate, and taking due account of its role as guardian of the Treaty, the Commission will focus on key categories ofcases such as non-communication of national measures transposing directives, breaches of European law having a particularly far-reaching negative impact for citizens or business, non-compliance with Court judgments.