Věra Knoblochová

Full Harmonization and the Resulting Obligations for the Member State

Jurisprudence 1/2013 Section: Articles Page: 28-33

Keywords: harmonization, transposing directives, European Court of Justice, legal effect

Abstract: The article comments on the ECJ judgment dealing with interpretation of Member States’ obligations by transposing fully harmonised directives into national laws (C-602/10). In the given case, the principle questions were whether a Member State is allowed to apply fully harmonised provisions also on relations that are out of the scope of the directive in question, and whether it is allowed to provide for other rules applicable to relations covered by the relevant directive. The ECJ concluded that Member States may apply fully harmonised provisions also to relations that are not in the scope of the directive. They are also free to establish other rules applicable to relations covered by the directive that are not provided for by the directive. This ruling followed previous judgements. Regardless of this fact, doubts about interpretation persisted both in national courts and in the legislative process. Hopefully, the commented judgements will contribute to clarification and increase of legal certainty.