Member States and the application of #EU Law. What’s the infringement procedure? How does the infringement procedure work? The European Commission Report (2012). The virtuous and the defaulters Members States. Italy: open procedures in 2012.
May 2014
Effective application of EU law is essential if the European
Union is to meet its objectives as set in the treaties and
enhance the credibility of the EU institutions in the eyes of
the citizens and the public at large.
While Member States are responsible for transposing
directives on time and accurately, and for correctly applying
and implementing EU law as a whole, the Commission
monitors the application of EU law and ensures that their
legislation complies with EU law.
A detailed calendar to track the implementation of the SCs and STs (PoA) Act 1989 and Rules 1995. It has the details of the mandatory monitoring mechanisms and authorities, their duties and the timelines in which the different state authorities are expected to fulfil them.
Use along with the set of 10 files (POA 1 to POA 9) to monitor its implementation using the Right to Information Act 2005 (RTI).
Download the whole set and use!
Effective application of EU law is essential if the European
Union is to meet its objectives as set in the treaties and
enhance the credibility of the EU institutions in the eyes of
the citizens and the public at large.
While Member States are responsible for transposing
directives on time and accurately, and for correctly applying
and implementing EU law as a whole, the Commission
monitors the application of EU law and ensures that their
legislation complies with EU law.
A detailed calendar to track the implementation of the SCs and STs (PoA) Act 1989 and Rules 1995. It has the details of the mandatory monitoring mechanisms and authorities, their duties and the timelines in which the different state authorities are expected to fulfil them.
Use along with the set of 10 files (POA 1 to POA 9) to monitor its implementation using the Right to Information Act 2005 (RTI).
Download the whole set and use!
THE 2020 ADMINISTRATIVE ELECTIONS. THE IMPACT OF COVID-19 ON THE NEXT ROUND O...telosaes
In spring 2020 (between April and June) elections were supposed to have been held in 6 out of 15 of Italy’s Regions under Ordinary Statut and in more than one thousand other Municipalities. And then, there was Covid: on 20 April the Council of Ministers approves Decree-Law no. 26/2020 which, in light of the Covid-19 emergency, postpones elections for city and district councils. The elections will be held on 20 and 21 September 2020, as established by the Minister of Interior.
CBR: the EU test case for ruling requests
Several EU Member States have decided to start a test case with regard to the ruling policy, in cross-border situations (CBR).
EU Member States have eventually gotten a deal regarding common procedures in tax rulings. It is a test case, officially started on 1 June 2013 and expected to continue until 30 September 2018, that aims to receive requests and questions from taxable persons and companies involved in cross-border transactions.
Presentation given by Branislav Cvetkovic of the Serbian Republican Commission for Protection of Rights in PPPs at the 7th Regional Public Procurement Conference held in Vlora on 9-10 Sept 2014.
Presentation by Reka Somssich, Hungary, on the Sources of the EU Law and decision making institutional framework in the EU, given at the workshop organised by SIGMA with the Turkish Ministry for EU Affairs on the Transposition of EU legislation into the legal system of Turkey, Ankara 25 May 2016.
EU-VIETNAM FREE TRADE AGREEMENT AND INVESTMENT PROTECTION AGREEMENT – MOST LI...Dr. Oliver Massmann
EU-VIETNAM FREE TRADE AGREEMENT AND INVESTMENT PROTECTION AGREEMENT – MOST LIBERALIZED MARKET ACCESS FOR SERVICE SECTORS AND UNMATCHED LEGAL CERTAINTY - LATEST UPDATE – WHAT YOU MUST KNOW:
Presentation by Wojciech Hartung, Poland, on the functioning of legal protection measures in EU countries, at the SIGMA webinar on public procurement reality and challenges of post COVID, held on 26 January 2021.
EuroCases is a unique multilingual legal informational service, providing online access to case law of the leading jurisdictions in Europe related to the application of European Union law. It was developed and it is being maintained and continuously updated by the leading Bulgarian legal information provider APIS Europe JSC.
The main advantage of the service lies in its cross-border nature – in cases where provisions of EU law should be applied, users can draw inspiration and ideas by using relevant case law of other jurisdictions, which is not offered by their national service providers.
THE 2020 ADMINISTRATIVE ELECTIONS. THE IMPACT OF COVID-19 ON THE NEXT ROUND O...telosaes
In spring 2020 (between April and June) elections were supposed to have been held in 6 out of 15 of Italy’s Regions under Ordinary Statut and in more than one thousand other Municipalities. And then, there was Covid: on 20 April the Council of Ministers approves Decree-Law no. 26/2020 which, in light of the Covid-19 emergency, postpones elections for city and district councils. The elections will be held on 20 and 21 September 2020, as established by the Minister of Interior.
CBR: the EU test case for ruling requests
Several EU Member States have decided to start a test case with regard to the ruling policy, in cross-border situations (CBR).
EU Member States have eventually gotten a deal regarding common procedures in tax rulings. It is a test case, officially started on 1 June 2013 and expected to continue until 30 September 2018, that aims to receive requests and questions from taxable persons and companies involved in cross-border transactions.
Presentation given by Branislav Cvetkovic of the Serbian Republican Commission for Protection of Rights in PPPs at the 7th Regional Public Procurement Conference held in Vlora on 9-10 Sept 2014.
Presentation by Reka Somssich, Hungary, on the Sources of the EU Law and decision making institutional framework in the EU, given at the workshop organised by SIGMA with the Turkish Ministry for EU Affairs on the Transposition of EU legislation into the legal system of Turkey, Ankara 25 May 2016.
EU-VIETNAM FREE TRADE AGREEMENT AND INVESTMENT PROTECTION AGREEMENT – MOST LI...Dr. Oliver Massmann
EU-VIETNAM FREE TRADE AGREEMENT AND INVESTMENT PROTECTION AGREEMENT – MOST LIBERALIZED MARKET ACCESS FOR SERVICE SECTORS AND UNMATCHED LEGAL CERTAINTY - LATEST UPDATE – WHAT YOU MUST KNOW:
Presentation by Wojciech Hartung, Poland, on the functioning of legal protection measures in EU countries, at the SIGMA webinar on public procurement reality and challenges of post COVID, held on 26 January 2021.
EuroCases is a unique multilingual legal informational service, providing online access to case law of the leading jurisdictions in Europe related to the application of European Union law. It was developed and it is being maintained and continuously updated by the leading Bulgarian legal information provider APIS Europe JSC.
The main advantage of the service lies in its cross-border nature – in cases where provisions of EU law should be applied, users can draw inspiration and ideas by using relevant case law of other jurisdictions, which is not offered by their national service providers.
Eduprof Expertmeeting 14-15 April 2011 Groningen.
Presentation on Free movement of Labour in Europa during the workshop Labour Market Research by Harm van Lieshout
Cookies 101 - EU Cookie Law (privacy) - Michele Neylon, BlacknightBlacknight
Presentation on the practical aspects of the EU Cookie Law in Ireland (Statutory Instrument Number 336 of 2011 European Communities (Electronic Communications Networks and Services)(Privacy and Electronic Communications) Regulations 2011) given to the Ir
IBSA Webinar on FATCA & Exchange of Information which took place on 27 January 2015. Presented by Ross Belhomme of Saffery Champness (Geneva) and Peter Grant of KPMG (London). To view the webinar on demand, please visit our Bright Talk channel at https://www.brighttalk.com/channel/11641
29 03 - EU insolvency law - Lessons from France Vermeille & Co
Focus on pre-insolvency proceedings can be country productive
Market for distressed entices cannot emerge without effective valuation methodology and cramdown procedure
European banking supervision needs a pan-European insolvency law
The Dawn of a General Anti Avoidance Rule: the Italian ExperienceUniversity of Ferrara
Italy has recently introduced a GAAR in its tax system. While the wording of the clause is not original, considering the experience the other countries might have about it, it is the context in which the provision shall operate that arose the interest of the firs commentators.
The article considers is particular the ways in which it will be arguably applied, taking into account the similar (although tailor-made) regulations that address the phenomenon, and that that have not been repealed by it. Treaty based, EU inspired, special law enacted clauses are still there and may potentially collide with the GAAR, making the overall outcome unpredictable for the Interpreter and for the taxpayer as well.
Financial Transaction Tax as a Resource for the Covid-19 Crisis ? University of Ferrara
This presentation has been delivered on November 19th 2020 at the University of Lyon 3 "Jean Moulin" during my visit as research fellow. I argue that FTT could be an optimal and sustainable revenue generator for the state which are battling the crisis and its aftermath.
Bortoletti, pharmaceutical compliance congress, fight against corruption, bud...Maurizio Bortoletti
The fight against corruption and other offenses against public administration must be based on accurate and objective data to give citizens a realistic representation of the situation and not ultra sized, taking into account that it is evoking themes and sensational easily usable by this or that political party
What is the first thing to consider when you approach the theme of "corruption"?
That of the extreme confusion. In a matter so evocative and striking as that of corruption to be informed, and be properly and completely, as far as possible, it seems like the best strategy and, together, the best antidote to unnecessary alarm.
Need an objective representation, a "snapshot" that does not want to serve any preconceived position or ideological bias, recognizing that corruption should be tackled without "ifs" and "buts", without replacing the scalpel of prudence cleaver indignation: unfortunately, the answers that have been given to this problem are very different, and often follow or are influenced by current ideas, stereotypes, clichés, in a wavering movement in which the risk is to "repaint" the collective imagination, to clothe him, and endorse it, at the risk of perpetuating errors of perspective that have long hindered and complicated the formulation and implementation of consistent and effective responses to the phenomenon.
The European Commission published a White Paper on 2 April 2008 on damages
actions for breach of EU antitrust rules. The content of the White Paper is since
then being prepared to be converted into EU legislation on private antitrust
enforcement. This paper presents the developments in private antitrust enforcement
in Poland after 2 April 2008. It commences with an outline of EU actions in
this field which act as an introduction to the more detailed analysis of recent
jurisprudential and legislative developments in Poland. The latter part of the paper
covers, in particular, the 2009 Act on the Pursuit of Claims in Group Proceedings
and the 2011 Act Amending the Civil Procedure Code and Some Other Acts which
abolishes all specific elements of commercial proceedings, including the statutory ‘non-admission of evidence’ principle. These two legal acts are assessed in order
to establish whether their introduction is likely to help facilitate private antitrust
enforcement in Poland and to consider to what an extent are these developments
responding to the challenges outlined by the European Commission.
This guide is being published in the context of recent transformations in insolvency law in Europe, marked by two major anticipated events.
The first event is the application, as of 26 June 2017, of the EU regulation on insolvency of 2000, reformed in 2015, which strengthens, in particular, (i) the cooperation among national courts and among court-appointed insolvency practitioners, and (ii) the coordination of the different types of procedures available to groups in distress for greater efficiency.
The second event comes on the heels of the 16 January 2017 transmission to the European Parliament Legal Affairs Committee of the proposal, dated 22 November 2016, for a directive of the European Commission supporting the ambitious yet realistic project of harmonizing the 28 national insolvency laws based on 3 unifying themes: (i) the promotion of early restructuring tools for companies in distress to minimize insolvencies and thereby the elimination of jobs, (ii) the strengthening of the efficiency of insolvency proceedings in the interests of creditors, and finally (iii) the right to a second chance for bankrupted but honest entrepreneurs to allow them to bounce back.
These two major events will reduce legal obstacles and eliminate discrepancies among the various national insolvency laws to give finally more predictability to banks and investors, thus enhancing the attractiveness and competitiveness of Europe and, ultimately, encouraging employment. This guide helps the reader to understand the functioning of European insolvency law, the objectives of harmonization at the national level among European countries, and the different amicable procedures (early restructuring) and judicial proceedings (insolvency) applicable in each of the 19 participating countries. Stéphanie Chatelon and Arnaud Pédron from the Taj law firm lead the Insolvency Group, the international working group of the Deloitte Legal network, which brings together more than 50 lawyers specialized in insolvency law from 21 European law firms affiliated or unaffiliated with Deloitte in 19 European countries (both members and non-members of the EU).
Recent developments in the field of VAT: a view from the European CommissionDLA Piper Nederland N.V.
This workshop has been held at Legal Business Day on 8 September 2011.
This presentation takes you through the future of VAT from an EU perspective, giving detailed background information on the future VAT reforms and insight into what can be expected in the future VAT framework in Europe. Special attention is paid to the practical implications of the new European Council Regulation clarifying the existing VAT rules.
During this workshop DLA Piper specialists shared information concerning the key decision makers in Europe and the value of early participation in the legislative process for your business. A case study was presented, which focuses on the practical issues you may face if your business were to get involved in the legislative process.
On 25 September 2022 Italians voted for a new Chamber of Deputies and the Senate. The centre-right coalition won with an absolute majority in both Houses.This is the first time in Italian history that a woman has been the Head of the Government.
Il 25 settembre 2022 si sono svolte le elezioni per il rinnovo della Camera dei Deputati e del Senato della Repubblica. Ha vinto la coalizione di centro-destra, che ha raggiunto la maggioranza assoluta in entrambe le Camere. È la prima volta nella storia d’Italia che una donna è a capo del Governo.
27 July 2022 the Senate Assembly passed a reform of its Rules with 210 votes in favour, 11 against and 2 abstained votes. There will be only 200 Senators in the 19th Legislature, instead of 315, and in the Chamber, 400 Deputies rather than 630.
Il 27 luglio 2022 l’Assemblea del Senato ha approvato, con 210 voti favorevoli, 11 contrari e 2 astensioni, la riforma del proprio Regolamento. I Senatori della XIX legislatura saranno 200, invece di 315, mentre il numero dei Deputati passa da 630 a 400.
Non esiste una definizione giuridica. Secondo il Regolamento della Camera (art. 14) sono “associazioni di Deputati” e “soggetti necessari al funzionamento della Camera”.
Secondo la dottrina sono la proiezione, il riflesso, dei partiti nel Parlamento. Svolgono però un ruolo ben preciso, perché sono un elemento imprescindibile al funzionamento delle Camere.
Parliamentary groups have no legal definition. According to Rule 14 of the Rules of Procedure of the Chamber of Deputies, they are ‘associations of Deputies’ and ‘subjects required for the functioning of the Chamber.’
According to the doctrine, they are the projection, the reflection of the parties
in Parliament.
LEGGE ANNUALE PER IL MERCATO E LA CONCORRENZA Telosaes telosaes
La Legge annuale per il mercato e la concorrenza è stabilita dalla Legge 23 luglio 2009, n. 99. Dovrebbe avere cadenza annuale, ma fino ad oggi ne è stata approvata solo una. Perché? Le ragioni sono tante, ma la prima è la difficoltà di un accordo politico sui settori economici, su quali intervenire e su come farlo.
The annual market and competition law is set forth in Law 23 July 2009, no. 99. Although the Competition Bill is supposed to be tabled annually, only one Competition Law has been passed to date. Why is this? The reasons are many; however, the first is the challenge of agreeing politically on where and how to intervene.
LEGGE ANNUALE PER IL MERCATO E LA CONCORRENZA telosaes
La Legge annuale per il mercato e la concorrenza è stabilita dalla Legge 23 luglio 2009, n. 99. Dovrebbe avere cadenza annuale, ma fino ad oggi ne è stata approvata solo una. Perché? Le ragioni sono tante, ma la prima è la difficoltà di un accordo politico sui settori economici, su quali intervenire e su come farlo.
THE SEVERINO LAW WHAT IT SETS OUT, ACTUAL CASES, OPEN QUESTIONStelosaes
The so-called Severino Law (named after at-the-time Minister of Justice Paola Severino) introduces a comprehensive regime to fight corruption and foster transparency in the Italian Public Administration (PA). The Draft Bill was submitted in 2010by former Minister of Justice Angelino Alfano (IV Berlusconi Government). The Law was passed with a confidence vote by the government after a legislative procedure lasting two years.
LA LEGGE SEVERINO. COSA STABILISCE, CASI CONCRETI, QUESTIONI APERTEtelosaes
La Legge Severino introduce una disciplina organica per il contrasto della corruzione e la trasparenza della PA. Il Disegno di Legge fu proposto nel 2010, dall’allora Ministro della Giustizia, Angelino Alfano (Governo Berlusconi IV). La Legge è stata approvata con l’apposizione della questione di fiducia da parte del Governo, dopo un iter durato due anni.
The CONSOB (Commissione Nazionale per la Società e la Borsa is an Independent Administrative Authority that oversees the Italian financial markets in order to protect investors and ensure the market’s proper functioning.
La CONSOB è l’Autorità amministrativa indipendente che controlla il mercato finanziario italiano, per tutelare gli investitori e garantire il buon funzionamento del sistema finanziario
Cosa significa fare il lobbista? Cosa vuol dire occuparsi di public affairs? Dal dialogo interno e dalla collaborazione dei membri del Gruppo di Lavoro Public Affairs è nato un documento, redatto con grande cura e pazienza da AmCham, che riprendiamo e articoliamo qui.
What does it mean to be a lobbyist? What does it mean to work in public affairs? This internal dialogue and our collaboration with the members of the Public Affairs Work Group form the basis of a report which we quote and elaborate below.
The State General Accounting Department is the Institution that ensures the proper planning and rigorous management of public funds. It oversees state accounts. The State Accountant General, appointed by the government on the recommendation of the Minister of the Economy and Finance, is in charge of the Department. The organisational structure of the General Accounting Department is complex and connected to other institutions at both the central and local level. In 2019 the State General Accounting Department celebrated its 150 year anniversary.
È l’Istituzione che garantisce la programmazione corretta e la gestione rigorosa delle risorse pubbliche. è l’organo che controlla i conti dello Stato. È diretta da un Ragioniere Generale dello Stato. Ha un’articolazione complessa ed è integrata con le altre Istituzioni a livello centrale e sul territorio. Nel 2019 si sono svolti i festeggiamenti per la ricorrenza dei 150 anni dall'istituzione della Ragioneria.
La Corte dei Conti è un organo di rilievo costituzionale indipendente al quale la Costituzione affida importanti funzioni di controllo e giurisdizionali. Fu istituita nel 1862
The Court of Auditors is an institution of constitutional importance. As set forth in the Italian Constitution, it has key review and jurisdictional functions. It was established in 1862.
For Draghi, gender quotas are not the right instrument to close the gender gap. So, how do you ensure women have equal representation in both politics and in the labour market?
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
2. The European Commission is tasked with monitoring Member
States’ efforts to ensure that their legislation complies with EU law.
The Commission is responsible for ensuring that Member States
fulfil their obligations under EU Law. The most important
obligations are:
! transposition of EU Directives;
! compliance with EU Regulations;
! compliance with norms in Treaties;
! implementation and compliance with the judgements of the
Court and the European Court of Justice.
When a Member State does not apply EU Law, the Commission
can launch an
infringement procedure vis-à-vis
the State which fails to comply.
.
Member States
and the application of EU Law
3. The
infringement procedure:
! is a formal procedure launched by the European Commission
under Article 258 of the Treaty on the Functioning of the
European Union (TFEU) “if the Commission considers that a
Member State has failed to fulfil an obligation under the
Treaties…”;
! is an administrative, pre-litigation procedure to enable the
Member State to conform voluntarily with EU law.
An infringement procedure may also be initiated due to violation of
other provisions of EU Law, for example restrictions to free
competition (arts. 101, 102 and 106 TFEU).
If the State in question does not conform to the Commission’s
requests, the latter can launch the litigation phase and refer the
case to the European Court of Justice.
What’s the infringement procedure?
4. Non-compliance of a Member State consists of an action or
omission which infringes EU Law. A Member State can be non-
compliant if it does or does not do something.
A State is considered to have failed to comply irrespective of the
authority – central, regional or local – to which non-compliance is
attributable.
Nota Bene
violations which can trigger an infringement procedure
do not include violations of obligations under the Stability and
Growth Pact
(for which the excessive deficit procedure is
envisaged), or violations of the European Convention on Human
Rights and Fundamental Freedoms.
How does the infringement procedure work
5. Every year the European Commission publishes a report on the
application of EU Law by Member States based on its own continuous
monitoring process.
The Commission has recently published the “30th Annual Report
on monitoring the application of EU Law” (2012) in which it
reviews the performance of Member States regarding the application
of EU Law.
Do Member States really respect EU Law?
6. 1,343 infringement procedures were open at the end of
2012 compared to 1,775 cases in 2011. Since 2009, there has
been an annual decrease in the number of open infringement
procedures.
The policy areas with the most infringements in 2012 were:
The European Commission Report (2012)
20%
15%
14%
38%
13%
Environment
Transports
Taxation
Other policies
Internal Market
%
out of the open
infringement
procedures
7. The virtuous and the defaulters
Belgio 91
Lituania 22
Estonia 22
Italy was the Member State with the most infringements in
2012.
8. “Sorry for the delay”:
transposition of EU Directives
Italia 99
Spagna 92
Belgio 91
Lettonia 20
Lituania 22
Estonia 22
Unlike EU Regulations which are directly applicable, European
Union Directives have to be transposed to enter into force.
! If a Member State does not transpose a EU Directive in time,
the Commission can launch an infringement procedure.
! In 2012, 56 directives had to be transposed. Late
transposition gave rise to 447 infringement procedures, or
33.2% of the total. In 2011, the percentage was 66.7%.
! The Member States with the highest number of open procedures
for late transposition at the end of 2012 were Belgium and
Poland (34 procedures). The one with the lowest number of
open procedures was the Netherlands (6 open procedures).
Since transposition of Directives is very important to establish
uniform EU Law within the European Union, reducing late
transposition is a priority for the European Commission.
9. Italy is the Member State with the largest number of open
infringement procedures at the end of 2012:
! in 2012 alone, the European Commission launched 58
infringement procedures against Italy, of which 36 for late
transposition of EU Directives (19 were closed before year’s
end);
! a total of 99 procedures were still open at the end of 2012. No
other EU Member State had more than Italy;
! 17 of the 99 procedures were due to late transposition of
several Directives (17.1% of the total).
No other EU Member State
had more than Italy
Nessuno Stato Membro
ha fatto peggio.
Italy: by no means an enviable record
10. 25% of the infringements by Italy involve the Environment.
Italy: open procedures in 2012
25%
12%
9%
44%
9%
Environment
Internal Market
Taxation
Other policies
Transports
% the total
number of
infringement
procedures open
12. In 2012 Italy was referred to the EU Court of Justice (litigation
phase) in 3 cases (4 in 2011):
! non-compliance with Directive 2002/91/EC regarding the
energy efficiency of buildings. Italian regulations do not conform
to the provisions regarding energy performance certificates.
Furthermore, Italian Authorities have not communicated the
measures relating to inspections of air-conditioning systems;
! non-adoption of measures to update national rules in order to
implement EU legislation regarding collective redundancies.
Directive 98/59/EC, not respected by Italy, obliges employers
contemplating collective redundancies to consult with workers’
representatives with a view to reaching an agreement;
! “significant and persistent shortcomings” in the application of EU
legislation regarding the treatment of urban waste waters.
Since 1998, Directive 91/271/EEC obliges States to create
suitable collection and treatment systems for waste water
from agglomerations with more than 10,000 inhabitants.
Referrals of Italy to the EU Court of Justice
13. In 2012 – at the end of procedures launched during previous
years – the Court of Justice passed the following judgements
convicting Italy:
! case n. C-565/10: inadequate
urban waste water
treatment in violation of Directive 91/271/EEC. Italy has
not adopted the provisions required to equip a large number
of urban agglomerations with sewage networks for the
collection and treatment of urban waste water;
! case C-68/11: excessive PM10 (fine particles) concentrations
in 55 areas and urban agglomerations during 2006 and 2007
in violation of Directive 1999/30/EC.
Convictions by the EU Court of Justice
14. In the Government’s Report on Italy’s Participation in the EU in
2013, it emphasised how at the end of 2012 it had:
achieved the goal it had set itself: to reduce
the infringement procedures to less than 100
for the first time in over 15 years.
In that same document, the Government stated that:
! a further reduction in infringement procedures in 2013 was
a “priority goal”;
! the application of Law n.234/2012 (participation by Italy in
the application and elaboration of EU Law) would have had
“very positive effects” on the reduction of the number of
open infringement procedures regarding late transposition
of Directives.
What is the Italian Government doing?
15. In the Report on Italy’s Participation in the EU in 2014, with
statistics referring to 2013 (EU official statistics for 2013 are
still not out), the Government states that:
! on 31 December 2013, there are 104 open infringement
procedures against Italy, of which 24 for late
transposition of new EU rules into national legislation;
! Italy continues to be the last amongst all the Member
States with regard to compliance to EU Law.
Despite all the above, the Government has provided
reassurance that:
“reduction of infringement procedures against Italy
must be a priority goal”.
2013: the last will be the last… again!