Non-legislative Implementing Measures

Non-legislative Implementing Measures in Europe

Non-legislative implementing measures in relation to the E.U. Services Directive

The following is an examination of non-legislative implementing measures regarding the European Union Servicies Directive [1]:

Non-legislative implementing measures: Method of implementation

Some provisions of the Directive require implementation by putting in place appropriate administrative arrangements and procedures. This is, for instance, the case of the setting-up of points of single contact and electronic procedures. This also concerns the organisation of the identification and assessment of legislation that Member States will have to undertake prior to deciding whether legislation needs to be amended or abolished (for instance to check whether their authorisation schemes are justified or to screen their legislation and identify relevant requirements).

Furthermore, there are provisions in the Directive obliging Member States to encourage actions by private parties (for example service providers, professional associations or consumer associations) such as Article 26 on quality of services or Article 37 on codes of conduct at Community level. The implementation of these obligations will require Member States to take practical steps, such as providing assistance to operators or their associations, rather than legislation.

Finally, the entire chapter on “Administrative Cooperation” requires putting in place the practical arrangements necessary for the competent authorities in Member States to effectively cooperate with each other.

All these are obligations where Member States have to deliver a practical result (for example, ensure that points of single contact are available by the implementation deadline) or to take a particular action (for example, verify whether authorisation schemes comply with the conditions set out in the Directive).

Resources

Notes

  1. Information on non-legislative implementing measures based on the EU Services Directive Handbook, UK Government

See Also

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