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Verbatim transposition

Title: For a better integration of the European law into the home law

Fact: According to the French Constitutional Court, the obligation to transpose correctly the directives "is not only a European obligation, but it is equally a Constitutional obligation".

Summary:  Member States play their role when creating the national measures which are necessary to reach the objective set by the Directive. On the opposite, modification made in the rules and definitions laid down in the source text are not in line with the harmonization objective. Especially concerning free movement where differences between technical regulations create "barriers to trade".

Extract: The transposition should be as literal as possible to avoid any ambiguity and to ensure the uniform interpretation and application of Community law.

Date: 22/02/2007

Conseil d'Etat, Pour une meilleure insertion des normes communautaires dans le droit national, La documentation française Paris 2007.

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