The Criminal Justice (Victims of Crime) Bill 2015

jenny smith

How can something become law if there is no legislation implemented

https://victimsrightsalliance.com/2015/11/13/diary-notice-victims-rights-directive-is-not-transposed-into-irish-law-ahead-of-deadline-of-the-16th-november-2015/

On 16th November 2015 the Victims Directive will become law throughout the EU, including Ireland, despite the fact that legislation will not be implemented in time to establish minimum rights, supports and protections for all victims of crime.

The Criminal Justice (Victims of Crime) Bill 2015 is still not enacted is it?

Not a victim or seeking advice. just hypothetical

Robbo

Directives have an implementation deadline specified in them. When a Member State doesn't take the necessary steps to give effect to the Directive by this deadline, you may be able to rely on the Directive nonetheless.

hullaballoo

Directives don't have direct effect unlike Regulations - so as above, Directives require Member States to enact their own legislation, usually just taking the Directive verbatim and transposing it into the statute books. (I think Directives also allow for derogation by Member States to some extent...)

Regulations have direct effect and become law across the EU once passed by the Bundestag Commission.

GM228

hullaballoo wrote: »

Directives don't have direct effect unlike Regulations - so as above, Directives require Member States to enact their own legislation, usually just taking the Directive verbatim and transposing it into the statute books. (I think Directives also allow for derogation by Member States to some extent...)

Regulations have direct effect and become law across the EU once passed by the Bundestag Commission.

However the ECJ has ruled that the principles of direct effect can apply for Directives that have not been transposed or incorrectly/inadequately transposed if the Directive comprises more favourable terms than the national legislation under vertical direct effect.

hullaballoo

I absolutely hate EU law for this very reason. :pac:

jenny smith

Feedback appreciated everyone

Robbo

hullaballoo wrote: »

I absolutely hate EU law for this very reason. :pac:

You and Hogan J both. He made a substantial award of Francovich damages recently which the Court of Appeal eviscerated.