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Correct transposition according to European Court of Auditors 3/2005 (23/12/2002)

Title: Opinion of the European Court of Auditors - 13 december 2003

Fact: The lack of harmony with the Directive of transposed national measures has been severely condemned by the European courts on many occasions.

Summary: Courts consider that harmonization is the objective pursued by the Directive. Concerning free movement of goods and services, differences in drafting national measures often hide "barriers to trade."

Extract: the Court observes that, on several points, the transposition of the Directive was incorrect because of:

- the use of terms and definitions which differ from those contained in the directive, without any justification;
- incomplete transposition of certain provisions;
- erroneous transposition of the Directive;
- introduction of terms or elements that are not foreseen in the Directive;
- transposition done without taking into account the community context;
- contradictions in the directive itself.

 

Les conditions d'une transposition correcte dont le verbatim

 

 


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