Quote:
Originally Posted by Skybird
I assume that the commission or the responsible commissioner would warn and warn, and finally would launch a EU legal prosecution against your country, which could lead to either the case being brought to a EU court and your government getting sentenced to comply, or the proclamation of financial fines by the commissioner's ressort office.
I do not know it for sure.
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Will all due respect Sky, you are more or less right. Slovenia would, under EU law, be required to either put into effect (regulation) or transpose into national law (directive) a certain piece of legislation as adopted by the EU Parliament and the Council of the EU (people keep forgetting countries accept must approve legislation). If Slovenia did not comply, it would get a warning, which, if not respected, would put Slovenia in danger of appearing before the ECJ. In a certain period of time, Slovenia would still have the opportunity to actually do something and the Commission would request that the proceedings stop. If Slovenia decided during all this time to screw Brussels (even though it voted for the law at the EU level), the ECJ would decide if the country either broke the rules by not putting into effect, transposing, or transposing completely the piece of legislation. It is also possible for it not the be applied properly and this is why a court inside a member state can demand that the ECJ gives its legal opinion on the matter of the interpretation or application of EU law.
The author of the article in question is well know for his more that non-favourable regard of the EU in general. The problem is...I find myself agreeing more and with his opinion. The sensationalism is one of Bruno's problems. Some more moderation would serve him better. Yet the most important thing here is that the quoted rules are included in the guidelines.
The guidelines which were published by the Commission to ensure "universal" compliance. These rules are not included in the law itself. But I'm not enough of a legal expert to answer whether or not guidelines are to be fully respected.