Framework for the Approximation of National Legal Systems with the European Union’s Acquis: From a Vague Definition to Jurisprudential Implementation
Abstract
In order to achieve the objectives of integration policies, one of the crucial activities of the European Community was to ensure the approximation of laws of the Member States to the extent necessary for the functioning of the common/internal market. In this field, the adoption of the Lisbon Treaty has not brought along any significant changes. The substantive provisions conferring competence may be added, deleted or modified, as part of another common policy that contributes to the functioning of the internal market, without requiring changes in the procedural rules of the law approximation policy itself. Moreover, primary law includes several provisions on law approximation, without giving sufficient indication of any comprehensive definition of this concept, providing only a general and vague normative framework. For this reason, it was the judicial interpretation of the rules of cross-community policy of the approximation of legislation that came to complete the provisions of the treaties in a creative and evolutionary manner. In order to explain and analyse this evolution, this paper will first focus on the nature of the provisions on law approximation set by the treaties and then examine how those provisions were interpreted and completed by the Court of Justice.Downloads
Published
How to Cite
Issue
Section
License
All manuscripts published in CYELP are licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License. This permits anyone to copy and redistribute their work in any medium or format for non-commercial purposes provided the original work and source are appropriately cited.
For all manuscripts published in CYELP, the copyright remains with the author(s). This means that the author(s) grant the right of first publication to the Yearbook, while retaining the copyright to their manuscripts (accepted for publication or published in CYELP), and may republish these, in full or in part, in other publications, books or materials. However, the following conditions should be met:
- the manuscript is published open access;
- when reusing the manuscript, the original source of publication must be properly acknowledged and referenced;
- the manuscript remains published by CYELP on its website;
- the manuscript is licensed under the Creative Commons Attribution − Non Commercial − No Derivatives 4.0 International License.