I'm sure I'm being enormously dense here, but how does one identify implementing legislation (by which I mean UK legislation that transposes an EU directive into our national law)? Is there something that the courts have reference to to decide? If not, how do they decide which legislation can give rise to questions to the ECJ and which cannot - is it just a question of whether the legislation mirrors something that is in a directive?
I'm sure I'm missing something obvious.
Implementing Legislation Watch
- Thread Starter
- 30-11-2010 22:29
- 30-11-2010 22:36
I know that nowadays when a UK statute implements a directive, this has to be mentioned in the explanatory notes accompanying the Bill, and usually also there are "transposition notes" accompanying it to give the detail on how the directive is being transposed into UK law. I don't know whether there's anything else involved though.