Page 195 - Секретаријат за законодавство

tion of Community provisions allows no recourse to national
rules except to the extent necessary to carry out the regulations”. 21

• lay down penalties applicable to infringements of the regulation.
• “It is settled case-law…that where Community legislation
does not speciÞcally provide any penalty for an infringement
or refers for that purpose to national legislation, Article 5 of
the Treaty [currently Article 4(3) TEU] requires the Member
States to take all measures necessary to guarantee the applica-
tion and effectiveness of Community law”. 22

Also Member States must abolish all national legislation which is con-
trary to the regulation and they are not entitled to introduce provisions
and practices in the national law, which would make it possible not to
apply the regulation. Existence of provisions of national law, be it of a
legislative or administrative nature, which are contrary to the regulation
leads to the lack of clarity as regards the right of individuals to rely on
EU law. “The Court has held that the maintenance of national legislation
which is in itself incompatible with Community law, even if the Mem-
ber State concerned acts in accordance with Community law, gives rise
to an ambiguous state of affairs by maintaining, as regards those subject
to the law who are concerned, a state of uncertainty as to the possibilities
available to them of relying on Community law. This uncertainty can
only be reinforced by the internal character of the purely administrative
directions to waive the application of the national law”. 23

Before commencing legislative work aimed at laying down domestic
provisions ensuring effectiveness of a regulation, the national legisla-
tor should make sure that the regulation in question has been properly
published in the OfÞcial Journal of the European Union.

Directive

“A directive shall be binding, as to the result to be achieved, upon each

21 Norddeutsches Vieh- und Fleischkontor GmbH v Hauptzollamt Hamburg-St. An-
nen (Case 39/70) [1971] ECR 49.
22 Siesse v Director da Alfândega de Alcântara (Case C-36/94) [1995] ECR I-03573.
23 Commission v French Republic (Case C-307/89) [1991] ECR I-02903.

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