Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-04-24-Speech-5-010"
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"en.20090424.2.5-010"2
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"Madam President, one of the key principles governing the operation of the European Union is that the Member States accept the obligation to transpose and implement Community law. This principle is foundational to the process of integration. There is without doubt a need for continuous, active cooperation of the Commission and Member States in order to ensure rapid and effective answers to doubts raised by citizens and to criticise and rectify breaches in application of Community law. I welcome the declaration of the Commission on closer cooperation with the European Parliament in the area of reporting and application of Community law.
National courts play a fundamental role in applying Community law, and so I fully support the Commission’s efforts at specifying additional training for judges, the legal profession and civil servants in the Member States. However, the effective application of Community law is still associated with serious challenges, including widespread delays in the transposition of directives.
One of the most important mechanisms which allow us to ascertain how, in reality, European law is applied, is the system of references for a preliminary ruling, the objective of which is to give national courts the opportunity to ensure uniform interpretation and application of European law in all Member States.
A fundamental problem with the procedure for references for a preliminary ruling is the time needed to receive an answer from the Court of Justice, which unfortunately is still around 20 months. The reason for this is always the same – translation of the trial dossiers into all the languages of the EU. This takes around nine months. Of course, these translations are extremely important, because they ensure wide access to the latest and most important European rulings and they increase legal confidence in the European Union. However, success or failure in the effective introduction of EU law will ultimately be determined by whichever institutional model is considered appropriate. Having the knowledge and the means is not everything. The will to take action is also needed."@en1
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