Implementing framework decisions

Author (Person)
Series Title
Series Details Vol.44, No.5, October 2007, p1361–1386
Publication Date October 2007
ISSN 0165-0750
Content Type

Publishers Abstract:
Within the European Union, framework decisions have been developing at a steady pace since the year 2000. The obligation to make the necessary adjustments to national regulations is enshrined in Article 34(2)(b) of the TEU. In case law of the European Court of Justice, relatively detailed rules have been developed on implementing directives. This paper centers on the question whether norms (or principles) can also be designated which the Member States must observe in implementing framework decisions. The Court of Justice has nevertheless developed fairly detailed rules on the way in which directives have to be implemented. This paper has shown that the question of which norms apply to the implementation of framework decisions at European level is difficult to answer unequivocally. In the author's opinion, it would be helpful to continue the debate over the question of which norms actually apply to the implementation of framework decisions and what the most appropriate manner of evaluation is.

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