Koncepcje implementacji prawa pochodnego

Abstract

Due to the serious deficiencies in the literature, it is important to clarify what is the implementation of European legislation in member states law systems. Elementary terms like “transposition” and “implementation” should be defi ned and placed in one comprehensive model of implementation. The fi rst part of this study consists issues related to the functioning of terminological concepts: “transposition” and “implementation”. Then there is made reference to the doctrinal concepts of implementation. In the last part of the study I suggest coherent and comprehensive description of the implementation of the EU secondary law. As the most suitable to describe the process of implementation presented is the Advocate General L.A. Geelhoed concept, which distinguishes two main phases of the implementation process: 1) the transposition phase (which includes: the normative aspect and the organizational aspect); 2) the operational phase. This concept determines that the implementation is a complex process involving: passing, application and enforcement of the law and thus characterized by significant dynamics.