Handling EU Obligations : A guide for Scottish Government officials

DescriptionGuidance for officials on how to handle EU obligations, from policy proposals, through to transposition and how to deal with infractions.
ISBN
Official Print Publication DateJune 2009
Website Publication DateJune 17, 2009

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ISBN 978 0 7559 9025 2 (Web only publication)
This document is also available in pdf format (588k)

Contents

FOREWORD

INTRODUCTION
PURPOSE
SCOTLAND IN EUROPE
THE SCOTTISH GOVERNMENT'S APPROACH TO EU OBLIGATIONS
WHAT IS EU LAW?
WHO ARE THE INSTITUTIONS?
SCOTLAND'S ROLE IN EU LAW

WHO DOES WHAT?
SCOTTISH GOVERNMENT
UK GOVERNMENT
LEGISLATORS
STAKEHOLDERS

STAGE 1: DEVELOPING EU LEGISLATION
INTRODUCTION
POLICY DEVELOPMENT
INITIAL IDEAS
GETTING STARTED
POLICY PROPOSALS
POINTS TO CONSIDER
LEGISLATIVE DEVELOPMENT
LEGISLATIVE PROPOSALS
PREPARING TO DEAL WITH THE LEGISLATIVE PROPOSAL
PROJECT PLANNING
POINTS TO CONSIDER
DEVELOPING THE UK NEGOTIATING POSITION
NEGOTIATIONS

STAGE 2: IMPLEMENTATION
INTRODUCTION
THE PLANNING STAGE
DRAWING UP AN IMPLEMENTATION PLAN
THE IMPLEMENTATION STAGE
CONSIDERING THE OPTIONS
OPTION 1: SIMILAR OR IDENTICAL POLICY APPROACH WITH SCOTLAND IMPLEMENTING
OPTION 2: IDENTICAL POLICY APPROACH WITH THE UK IMPLEMENTING (PARTIALLY OR FULLY)
OPTION 3: SEPARATE POLICY APPROACH WITH SCOTLAND IMPLEMENTING
CONSULTING ON IMPLEMENTATION
TRANSPOSING THE OBLIGATION
REGULATORY IMPACT ASSESSMENT
EQUALITY IMPACT ASSESSMENT
ENFORCEMENT
GUIDANCE
PARLIAMENTARY SCRUTINY
COMMISSION NOTIFICATION

STAGE 3: IMPACT REVIEW
INTRODUCTION
MONITORING EFFECTIVENESS
INFRACTION PROCEEDINGS
PRE-226 LETTER
ARTICLE 226 LETTER
ARTICLE 226 REASONED OPINION
ECJ REFERRAL UNDER ARTICLE 226
ARTICLE 227 PROCEEDINGS
PRE-ARTICLE 228 PROCEEDINGS
ARTICLE 228 LETTER
ARTICLE 228 REASONED OPINION
ECJ REFERRAL UNDER ARTICLE 228
EU PILOT PROJECT CASES

ANNEX A: CHECKLIST

ANNEX B: IMPLEMENTATION PLAN TEMPLATE

ANNEX C: COMPLETING A TRANSPOSITION NOTE

ANNEX D: EXAMPLE OF A TRANSPOSITION NOTE

GLOSSARY OF TERMS

CONTACTS AND FURTHER INFORMATION

REFERENCES

Page updated: Thursday, June 04, 2009