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The Consequences of Imperfect Legislative Policy Using the Example of Selected EU Directives

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Grzegorczyk F.

Argumenta Oeconomica Cracoviensia

2011

issue 7

57-68

Legislative policy is understood in this paper as a holistic approach to the law-making process. EU legislative policy is missing the overall idea on how to legislate, a fact which has induced fragmentation, lack of cohesion and improper implementation of EU law. The goal of this study is not a theoretical discussion on the negative aspects of directive functioning, but to focus on selected imperfections of EU legislative policy and to illustrate them with examples of selected directives. My thesis is that EU legislative policy based on directives is far from perfect or even effective and requires definite changes. As a first step, using fragmentary regulations of particular domains (sectors) of socio-economic life should be stopped. Second, the EU legislature needs to make significant progress in terms of the legislative quality of the laws created. Finally, mechanisms requiring the implementation of directives by member states should be strengthened. These measures require prompt application if the EU legal system is to be an effective tool for, rather than obstacle to, European integration.