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National implementing measure meaning

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What does National implementing measure mean?
In legal practice, a national implementing measure is the domestic legislation or administrative instrument that gives effect to an EU legal act in a Member State, most commonly transposing an EU Directive into national law. The expression is descriptive rather than a defined statutory term, and is widely used across EU law contexts (for example, environment, procurement, consumer and data protection) and in case law of the Court of Justice when identifying the national rules that implement EU obligations. Typical forms include primary legislation and secondary legislation (for example, Acts and statutory instruments), ministerial regulations or orders, and, where they have binding legal effect, codes or administrative directions. Ireland continues to adopt national implementing measures (for example, Acts of the Oireachtas and Irish statutory instruments) to transpose Directives and to provide for enforcement or procedures required by directly applicable EU Regulations or Decisions. In the UK, the term commonly refers to instruments made to implement EU law before 31 December 2020 (many of which now form “retained EU law”). In Northern Ireland, new or amended implementing measures may still be made where required under the Windsor Framework. The concept is practically significant for compliance reviews, statutory interpretation, judicial review and infringement or...
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NEWS
EU law weekly briefing: cross-sector regulatory and enforcement updates—digital identity wallet, forced labour ban, Apple fine, DMA, GDPR, energy, environment, IP, aviation, cyber, AI—7 March 2024

In this issue: Commercial Competition and state aid Corporate Data protection and cyber security Dispute Resolution Financial services Energy Environment IP Life sciences Regulatory TMT International trade LexTalk®EU Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Trackers Commercial European Parliament adopts text to establish EU-wide digital wallet The European Parliament has approved the text of a proposal to amend Regulation (EU) No 910/2014 (the eIDAS Regulation) to create a European Digital Identity framework, building on the 2023 provisional deal struck with the Council of the EU on a pan-European digital identity scheme. Use of the EU wallet will be optional. During the talks, MEPs won safeguards to uphold individuals’ rights and to ensure inclusion by preventing any disadvantage to those who choose not to adopt the wallet. The measure also ensures EU wallet holders can access free ‘qualified electronic signatures’, which...

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PRACTICE NOTES
European Commission infringement decision under Article 101 TFEU on ISU speed skating eligibility rules banning skaters from unauthorised events; remedies ordered and General Court appeal (T‑93/18)

NOTE—ISU has appealed to the General Court in Case T‑93/18. ARCHIVED – this archived case hub reflects the position as at 8 December 2017; it is no longer maintained. See further: timeline, commentary and related cases. Case facts Outline European Commission Article 101 TFEU examination of the International Skating Union’s (ISU) eligibility rules, under which skaters may face permanent bans from ISU competitions for participating in events not approved by the ISU (Case AT.40208). Outcome On 8 December 2017, the Commission adopted an infringement decision, concluding that the ISU’s rules violate Article 101 TFEU. The Commission ordered the ISU to end the unlawful conduct within 90 days, by repealing or revising its eligibility rules, and to abstain from implementing any measure with the same or an equivalent object or effect. Parties International Skating Union (ISU). Founded in 1892, it is the only sports organisation recognised by the International Olympic Committee for administering figure skating and speed skating worldwide. Members of the ISU are national...

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PRACTICE NOTES
Hungary FDI screening: guide to the 2018 and 2025 Acts covering scope, thresholds, notification, review timelines, penalties, merger control interaction, and recent developments including state pre-emption for solar

1. What is the applicable legislation? The rules governing oversight of foreign direct investment in Hungary derive from Act LVII of 2018 on the Supervision of Foreign Investments Violating the National Security Interests of Hungary (the 2018 Act) together with its implementing measure, Government Decree 246/2018 (XII.17) (the 2018 Governmental Decree), which has applied since 1 January 2019. In addition, Hungary applies FDI control pursuant to Act L of 2025, which elevates the emergency decrees adopted in response to the armed conflict in Ukraine to the rank of an act (the 2025 Act). This FDI framework was first introduced as a temporary shield for Hungarian undertakings during the COVID-19 period and was set out in a series of government decrees; it nevertheless continues to apply, presently through to 31 December 2026, and is now governed by the 2025 Act. At the moment, the two FDI regimes run in parallel in Hungary. A single transaction can be caught by both the 2018 Act and the 2025 Act, triggering two distinct...

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PRACTICE NOTES
EU GPSR 2023/988: notifications, accident reporting, Safety Gate/Safety Business Gateway, recalls and other corrective actions for non-food consumer goods, with consumer remedies and liability/penalties overview

This Practice Note This Practice Note considers the practical aspects of product withdrawal, recall and other remedial measures for ordinary consumer goods in the EU from the standpoint of economic operators under Regulation (EU) 2023/988, the EU General Product Safety Regulation (EU GPSR). That instrument repeals Directive 2001/95/EC, the EU General Product Safety Directive, with effect from 13 December 2024. The EU GPSR came into force on 12 June 2023 and has applied since 13 December 2024. It brings in fresh obligations designed to make recalls more effective. Under the EU GPSR, economic operators must alert the competent national authorities when an item they have placed on the market is identified as dangerous, and must also act to address the risk found. According to the level and type of risk, national authorities may oblige businesses to take additional steps, such as tracing the affected product and withdrawing it from sale, informing the public, and, as a measure of last resort, arranging a product recall. This Practice Note concentrates on...

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