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!UM AND ORDER

12th April 2001, Page 27
12th April 2001
Page 27
Page 27, 12th April 2001 — !UM AND ORDER
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Which of the following most accurately describes the problem?

• A key problem in the European Union which seems to be largely ignored by the media and even politicians is the rule of law. It is self-evident that to be effective any law must be enforced without fear or favour. No doubt all EU states would support this principle—at least as far as their own laws are concerned. Some might take a much more jaundiced view when it comes to the implementation of EU law into their domestic legal codes.

This is probably inevitable, given the complexity of the process, but it is equally inevitable that every country wants laws to work to its own advantage.

The UK has always been near the top of the table when it comes to implementing European law. It was late with the Working Time Directive, but had at least challenged it by legal process. Denmark, which is arguably the most Eurosceptic state in Europe, consistently does best of all. Italy persistently presents itself for relegation. France and Germany definitely seem to have the best spin doctors: their rate of enforcement seems to be inversely proportionate to the volume of their claims about being "good Europeans".

France was taken to court for failing to implement the Working Time Directive. An interesting insight into the working of the French government comes from the fact that when challenged by the EC, and then threatened with proceedings, it did not bother to reply to the letters. In front of the court France admitted that the provisions relating to night work, the 24-hour weekly rest period and the 11-hour daily rest period, had not been adopted into French law.

This judgement was given on 8 June 2000: the law should have been in place by 23 November 1996.

On 9 March 2000, Italy also pleaded guilty to failing to put the directive in operation. This issue is by no means as clear cut as it might seem at first glance.

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