Article | Implementation of Directives into National Legal Orders of EU Member States: Example of Directive № 2015/849 |
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Authors | NATALIYA HALETSKA , VARVARA YANKOVSKA |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 6 / 2024 |
Pages | 131 - 143 |
Annotation | This article examines the issue of national implementation practices of EU member states. The question arises regarding the existence of differences between the forms and methods of implementation of directives in different EU member states. Similarly, for Ukraine, the question is, whether it is possible to implement the directive into the national legal order in different ways and, if so, which form or method of implementation to choose for a specific directive. Using Directive No. 2015/849 as an example, this publication examines the peculiarities of the national implementation of directives in Romania, Poland, Sweden, Belgium, the Czech Republic, Germany, Estonia, and Ukraine. This article consists of an introduction, two sections and conclusions. The first section highlights the practice of implementing the Directive in EU member states, and the second section provides a comparative analysis with Ukrainian practice. The article demonstrates that EU member states implemented Directive No. 2015/849 in different ways: some states (for example, the Czech Republic, Sweden) expanded the content of the provisions of the mentioned Directive, and some (for example, Estonia) narrowed it down, but some states did not specify it in legislation the content of the provisions of the Directive (for example, Romania). Given the absence of comments from EU institutions, it can be concluded that there are multiple implementation results that will be equally consistent with EU law. Comparing the implementation practice of Ukraine and the EU member states, we can conclude that although the result of Ukraine is in line with EU law, there were still other options for implementation both in the direction of expanding and narrowing the understanding of the provisions of Directive No. 2015/849. Therefore, the analysis of the implementation practice of the EU member states seems important for understanding the breadth of the choice of options in view of the challenges and goals facing the state.
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Keywords | implementation; EU law; national legal order; directive |
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