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Learning to build Europe. Practical Tools for National Implementation of EU Legislation Notification Instruments By Carla Botelho Lecturer European Centre for Judges and Lawyers. Tasks to Accomplish. What needs to be done ? When should it be done ? Who should do it ?.

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Learning to build Europe

Practical Tools for National Implementation

of EU Legislation

Notification Instruments

By Carla Botelho

Lecturer

European Centre for Judges and Lawyers


Tasks to Accomplish

  • What needs to be done ?

  • When should it be done ?

  • Who should do it ?


Implementing Directives

Example 1:

Council Directive 2002/8/EC of 27 January 2003 to improve access to justice in cross border disputes by establishing minimum common rules relating to legal aid for such disputes


Implementing Council Directive

2002/8/EC – Access to Justice

Article 21 - Transposition into national law

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 30 November 2004 with the exception of Article 3(2)(a) where the transposition of this Directive into national law shall take place no later than 30 May 2006. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by Member States.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.


Implementing Council Directive

2002/8/EC – Access to Justice

Article 14 - Competent authorities and language

1. Member States shall designate the authority or authorities competent to send (transmitting authorities) and receive (receiving authorities) the application.

2. Each Member State shall provide the Commission with the following information:

  • the names and addresses of the competent receiving or transmitting authorities referred to in paragraph 1,

  • the geographical areas in which they have jurisdiction,

  • the means by which they are available to receive applications, and

  • the languages that may be used for the completion of the application.

    3. Member States shall notify the Commission of the official language or languages of the Community institutions other than their own which is or are acceptable to the competent receiving authority for completion of the legal aid applications to be received, in accordance with this Directive.

    4. Member States shall communicate to the Commission the information referred to in paragraphs 2 and 3 before 30 November 2004. Any subsequent modification of such information shall be notified to the Commission no later than two months before the modification enters into force in that Member State.


Implementing Council Directive

2002/8/EC – Access to Justice

Examples of information given by Member States and tables of concordance/correlation:

  • Sweden

  • United Kingdom

  • The Netherlands


Implementing Directives

Example 2:

Council Directive 2004/80/EC of 29 April 2004 on compensation to crime victims


Implementing Council Directive

2004/80/EC – Compensation to crime victims

Article 13 - Information to be sent to the Commission and the manual

1. Member States shall, no later than 1 July 2005 , send to the Commission details of:

  • (a) the list of authorities established or designated in accordance with Articles 3(1) and 3(2), including, where appropriate, information on the special and territorial jurisdiction of these authorities;

  • (b) the language(s) referred to in Article 11(1)(a) which the authorities can accept for the purpose of applying Articles 6 to 10 and the official language or languages other than its own which is or are acceptable to it for the transmission of applications in accordance with Article 11(1)(b).

  • (c) the information established in accordance with Article 4;

  • (d) the application forms for compensation;

    Member States shall inform the Commission of any subsequent changes to this information.


Implementing Council Directive

2004/80/EC – Compensation to crime victims

Article 18 - Implementation

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 2006 at the latest, with the exception of Article 12(2), in which case the date of compliance shall be 1 July 2005 . They shall forthwith inform the Commission thereof.

2. Member States may provide that the measures necessary to comply with this Directive shall apply only to applicants whose injuries result from crimes committed after 30 June 2005 .

3. When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

4. Member States shall communicate to the Commission the text of the main provisions of domestic law, which they adopt in the field governed by this Directive.


Implementing Council Directive

2004/80/EC – Compensation to crime victims

Examples of information given by Member States and tables of concordance:

  • Spain

  • Portugal

  • Poland


Implementing Regulations

Example:

Council and Parliament Regulation 805/2004 of 21 April 2004 on creating an European Enforcement Order for uncontested claims


Implementing Regulation 805/2004on an European Enforcement Order

Article 30 - Information relating to redress procedures, languages and authorities

1. The Member States shall notify the Commission of:

(a) the procedures for rectification and withdrawal referred to in Article 10(2) and for review referred to in Article 19(1);

(b) the languages accepted pursuant to Article 20(2)(c);

(c) the lists of the authorities referred to in Article 25;

and any subsequent changes thereof.


Implementing Regulation 805/2004on an European Enforcement Order

Examples of information given by Member States in their notifications:

  • France

  • Germany

  • Portugal


Implementing

Framework Decisions

Example:

Council Framework Decision of 13 June 2002 on the European Arrest Warrant and the Surrender Procedures between Member States


Implementing the Framework Decision on European Arrest Warrant

Article 6 - Determination of the competent judicial authorities

  • The issuing judicial authority shall be the judicial authority of the issuing Member State which is competent to issue a European arrest warrant by virtue of the law of that State.

  • The executing judicial authority shall be the judicial authority of the executing Member State which is competent to execute the European arrest warrant by virtue of the law of that State.

  • Each Member State shall inform the General Secretariat of the Council of the competent judicial authority under its law.


Implementing the Framework Decision on European Arrest Warrant

  • Article 7 - Recourse to the central authority

  • 1. Each Member State may designate a central authority or, when its legal system so provides, more than one central authority to assist the competent judicial authorities.

  • 2. A Member State may, if it is necessary as a result of the organisation of its internal judicial system, make its central authority(ies) responsible for the administrative transmission and reception of European arrest warrants as well as for all other official correspondence relating thereto.

  • Member State wishing to make use of the possibilities referred to in this Article shall communicate to the General Secretariat of the Council information relating to the designated central authority or central authorities. These indications shall be binding upon all the authorities of the issuing Member State.


Implementing the Framework Decision on European Arrest Warrant

Article 34 - Implementation

1. Member States shall take the necessary measures to comply with the provisions of this Framework Decision by 31 December 2003.

2. Member States shall transmit to the General Secretariat of the Council and to the Commission the text of the provisions transposing into their national law the obligations imposed on them under this Framework Decision. When doing so, each Member State may indicate that it will apply immediately this Framework Decision in its relations with those Member States which have given the same notification.


Implementing the Framework Decision on European Arrest Warrant

Examples of information, notifications and communications transmitted by Member States:

  • France

  • Portugal


Learning to build Europe Warrant

www.eipa.eu

Peter Goldschmidt (DK)

Director

Carla Betelho (PT)

Lecturer

email [email protected]

[email protected]

Tel. +352 426 230 1

Fax +352 426 237


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