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Glossary of summaries

Transposition

Transposition is the process of incorporating EU directives into the national laws of EU Member States.

Unlike regulations and decisions, directives are not directly applicable throughout Member States but require national laws to incorporate their rules into national legislation. The Member States must adopt these national measures by a deadline, which is specified in the directive. Member States must notify their national implementing measures to the European Commission.

The Commission:

  • examines the text to ensure that it meets the aims of the directive;
  • ensures that the transposed law is implemented and meets the required deadline(s).

The Commission may take a case to the Court of Justice of the European Union when the Member State did not adopt national measures to transpose the directive or has taken measures but the Commission considers that the measures are not satisfactory. If the Court agrees with the Commission on the infringement and the Member State does not comply with the judgement, then the Court may impose a penalty payment or lump sum at the request of the Commission.

If a Member State fails to notify its national implementing measures to the Commission within the deadline, the Commission may specify the amount of the lump sum or penalty to be paid by the Member State. If the Court confirms that there is an infringement and that the amount set by the Commission does not exceed the amount set by the Court, the payment obligation shall take effect (Article 260(3) of the Treaty on the Functioning of the European Union).

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