Limitations on community regulation in the UK : legal culture and multi-level governance
By: MAHER, Imelda
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ArticlePublisher: London : Routledge, December 1996Journal of European Public Policy 3, 4, p. 577-593Abstract: The implementation of EC law Britain is influenced by confluence between Community and national law and policy. At the same time, the trend towards greater centralization of policy and law-making in the UK is reinforced by EC law, both through the reporting systems introduced under new approach directives and the fact that central government is ultimately responsible under EC law for implementation. The primacy of the Community-member state axis weakens the Community system of indirect rule because it ignores the important enforcement role of local government, which in turn impedes the creation of the internal market, which itself is predicated on consistent enforcement practices throughout and between member states. The article first address what is meant by implementation and effectiveness before turning to a British study of implementation. It discusses the issue of concluence between the two legal orders and the nature of the relationship between national and local government in the context of implementation of directives.
The implementation of EC law Britain is influenced by confluence between Community and national law and policy. At the same time, the trend towards greater centralization of policy and law-making in the UK is reinforced by EC law, both through the reporting systems introduced under new approach directives and the fact that central government is ultimately responsible under EC law for implementation. The primacy of the Community-member state axis weakens the Community system of indirect rule because it ignores the important enforcement role of local government, which in turn impedes the creation of the internal market, which itself is predicated on consistent enforcement practices throughout and between member states. The article first address what is meant by implementation and effectiveness before turning to a British study of implementation. It discusses the issue of concluence between the two legal orders and the nature of the relationship between national and local government in the context of implementation of directives.
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