Reflections on the scope and pre-emptive effects of Community legislation: A case study on Directive 2002/95/EC Restrictions on Hazardous Substances (RoHS)

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Series Details No.6, 2003
Publication Date 2003
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Article abstract:

This article studies the legal concepts 'scope' and 'pre-emptive effect' of Community law in the context of the European Union RoHS Directive (2002/95/EC, Restriction on the use of certain hazardous substances in Electrical and Electronic Equipment). The scope and pre-emptive effects of Community law affect directly the vertical division of competences between the European Community and its Member States, and determine thus which of the legislatures is charged with social value choices in fields such as environmental protection. The case study illustrates how the scope and pre-emptive effects of Community law may nevertheless be difficult to define, even where a wide array of interpretative tools may be applied on a manifestly simple directive. Moreover, a rethinking of the Community doctrine on pre-emption is both predicted and recommended.

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