Przepisy techniczne w rozumieniu dyrektywy Parlamentu Europejskiego i Rady 98/34/WE. Prawne aspekty braku notyfikacji
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Date
2014
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Publisher
Wydawnictwo Naukowe UAM
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Technical regulations in the meaning of Directive 98/34 of the European Parliament and of the Council. Legal aspects of the absence of notifi cation
Abstract
This article concerns the notifi cation procedure of technical standards specifi ed in Directive 98/34 of the European Parliament and of the Council of 22 June 1998 on technical standards and regulations, which provides for information in the fi eld of technical standards and regulations as well as principles of the information society
service. The fi rst part of the article explains notions such as ‘technical standards’, ‘technical specifi cation’, ‘other requirements’, ‘service provision principle’, and ‘draft standards’. This is followed by evaluation of the solutions adopted in Polish legal acts implementing Directive 98/34, considered from the point of view of the terms and concepts used in their wording and compliance with the requirements which the Directive has imposed of Member States. Further, the requirement put on Member States to inform the European Commission of each legislative draft concerning technical standards before their fi nal adoption by individual Member States is discussed, and consequences of a failure to do so are presented on the examples of numerous judgments delivered by the ECJ of the EU, i.e. the CJ and the General Court. The fi nal part of the article deals with technical standards defi ned in the Act on gambling of 19 November 2009 which, contrary to the requirements of Directive 98/34 EP, have not been notifi ed, and the legal and fi scal consequences of this omission have been thoroughly analysed.
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Keywords
technical standards, information society service, notification, gambling
Citation
Studia Prawa Publicznego, 2014, Nr 2 (6), s. 15-40
ISBN
978-83-232-2743-4