Nahrazování směrnic nařízeními (důvody, skutečnost, možnosti)
| Title in English | Replacement of Directives with Regulations (Grounds, Reality, Opportunities) |
|---|---|
| Authors | |
| Year of publication | 2017 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Field | Law sciences |
| Keywords | the European Union; the Member States; Regulations; Directives; Implementation; Law-making; Supranationality |
| Attached files | |
| Description | Besides founding treaties, regulations and directives are principal documents of law of the European Union. Terminology is misleading. They form genuine legislation of the European Union adopted by the European Parliament and the Council. Therefore, failure of the Treaty establishing a Constitution for Europe renaming regulations to European laws and directives to European framework laws is regrettable. Regulations are addressed directly to individuals. Directives are addressed to the member states. They shall amend and enact their statutes and other laws within prescribed period of time. The paper emphasises burdens and risks related to directives and their application. Ministries, cabinets and parliaments must spend huge effort related to transposition of directives. Directives shall be considered while related national law is interpreted. Direct application is envisaged in some cases of missing or botched implementation. Regulations are more feasible, despite they also need to be accompanied with national laws specifying procedures, sanctions and institutions. Indeed, the European Union has replaced several directives with regulations. Therefore, examples are listed. Eventual extensive replacement of directives with regulations is considered, but obstacles to this transformation of law of the European Union are admitted. At the moment, there is no considerable support for such transformation. Necessary debate is at the beginning. |