selection

legislation

This tag is associated with 8 posts

The European Commission’s right to withdraw a legislative proposal

Written by Eva Poptcheva On 14 April 2015, the Court of Justice of the EU (CJEU) delivered a judgment on the power of the Commission to withdraw a legislative proposal during the legislative procedure. The Court confirmed, for the first time, that the right of the Commission to withdraw legislative proposals is inseparable from its … Continue reading

Appliances burning gaseous fuels : Initial Appraisal of a European Commission Impact Assessment

Written by Alina-Alexandra Georgescu and Alison Davies This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission’s Impact Assessment (IA) accompanying the above proposal. This is a proposal to replace the Gas Appliances Directive 2009/142/EC (GAD) of 30 November 2009, which aims to permit the free movement of appliances and fittings burning … Continue reading

Stoiber Group on administrative burdens in EU law: better law-making in action

Written by Stéphane Reynolds and Anita Orav The High-Level Group on Administrative Burdens or the Stoiber Group was established in 2007 as an independent body to advise the European Commission on its planned Action Programme for administrative burden reduction (ABR) in respect of EU legislation. The latter programme set a 25 per cent reduction target … Continue reading

Update on the European Commission’s REFIT Programme

Background In December 2012, the European Commission’s Regulatory Fitness and Performance Programme (REFIT) committed the institution to attempt to establish a simple, clear, stable and predictable regulatory framework for business, workers and citizens, as well as to ensure EU legislation brings benefits at the lowest cost and with the least bureaucracy (COM(2012)746). The Commission undertook … Continue reading

Methods for unifying private law in the EU

Private law regulates rela­tionships between private individuals, for example between a consumer and a business. The EU may legislate in this area only where specifically authorised by the Treaties, for instance to harmonise national private-law rules posing obstacles to the functioning of the internal market, or to promote judicial cooperation in civil matters. The two … Continue reading

Parliament’s legislative initiative

The European Commission has a near monopoly on legislative initiative in the European Union (EU), with special initiative rights for other institutions applying only in certain specific cases. However, the European Parliament (EP), and the Council, have the right to invite the Commission to present legislative proposals. Whilst this ‘indirect’ initiative right does not create … Continue reading

European small claims procedure: An opportunity for enhancing cross-border enforcement

Legislatures in some EU Member States (MS) have introduced special, simplified and accelerated tracks for small claims in legally uncomplicated cases. Those procedures vary both as regards the threshold and level of simplification. The Treaty of Amsterdam gave the EU powers to harmonise civil procedure. As part of that mandate, the EU has adopted a … Continue reading

Free movement of public documents

The numbers of Europeans working, studying or living in another Member State has grown to over 12 million. As part of daily life they are often required to present formal documents in one Member State which have been issued in another. In most cases, these documents are not accepted automatically but must undergo a process … Continue reading

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