Volume 44 (2007)

Volume 44 (2007) / Issue 5

Matthias J. Borgers, 'Implementing framework decisions' (2007) 44 Common Market Law Review, Issue 5, pp. 1361–1386

Abstract

Within the European Union, framework decisions have been developing at a steady pace since the year 2000. Obligations ensue from these framework decisions for the Member States, if necessary, to adjust their own national laws and regulations in the manner prescribed by the framework decisions. The obligation to make the necessary adjustments to national regulations is enshrined in Article 34(2)(b) TEU. When it comes to implementation, framework decisions show similarities to directives. According to Article 249(3) EC, directives are also binding as to the result to be achieved, but the choice of the form and methods of implementation is left to the Member States. In the case law of the European Court of Justice, relatively detailed rules have been developed on implementing directives. This case law defines the freedom of choice that Article 249(3) EC allows the Member States in more detail. This article centres on the question whether norms (or principles) – similar or not to the rules developed for directives – can also be identified which the Member States must observe in implementing framework decisions.

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ISSN: 0165-0750
ID: COLA2007115