Guidelines on best practice on Transposition of EU Directives

Background

Following consideration of a Working Paper on Transposition and Infringements, the Inter-Departmental Coordinating Committee on European Affairs (ICCEUA) decided that a set of agreed Guidelines on Transposition should be developed. These Guidelines should:

  • be based on the EU Commission recommendations for best practice
  • incorporate principles and process elements
  • the principles element should:

(a)  fully integrate the principles of Better Regulation and the Regulatory Impact Assessment model;

(b)  take into account the increasing influence of the Courts and evolving case law on the transposition process;

(c)  take account of the Oireachtas Scrutiny Process and provide Early Warning to government of EU legislation likely to be difficult and/or costly to transpose.

  • the process element should set out in simple steps how best to transpose a Directive

The Transposition and Scrutiny processes adopted in other countries (in particular the UK and Scandinavia) were taken into consideration in the drafting of the Guidelines.

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