Question:

Do state parties of the EU have to implement EC Directives precisely as they are written?

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I know that member states have a certain discretion as to how they implement EC directives but do they have to implement them exactly as written?

For example, if an EC directive says that states have to provide 1 month sick pay, and the state party does not implement 1 month sick pay but says that certain legislation already provides for 2 weeks sick pay and that is sufficient as any more will be detrimental to companies, is that sufficient?

Or will the EC be liable for their faliure to implement the directive fully? or is it sufficient that they provide 2 weeks as they are entitled to make certain limits when implementing directives?

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  1. It will eventually become an issue.  This is one of the showdowns we see coming between internal state objectives and that of the EU as a whole.  Do they have to implement the directive?  In theory, yes.  They should have to abide by them.  Will they?  We dont know.  If the directive mandates a chance, the state parties will have to abide by within a certain time constraint or face penalties.

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