Implementation of European Law in the New Member States of the EU

Tuesday, April 22, 2008
4:30 PM - 6:00 PM
(Pacific)
Stanford Law School Room 182
Speaker: 

Adoption of European law was a central part of the accession process of new member states of the EU but turned out to be much more difficult than implementation of European Law in the old member states. Problems included not only the amount of European legislation, its dynamic nature and language problems. Literal implementation resulted in diminishing the coherence of national legal rules and structures. In addition, legislation did not take account of national specifics and differences in legal culture. Built-up of working institutions and procedures takes time and efforts and deficiencies add to hampering implementation and application of European law.

Many problems of new member states in the accession process are present in the old member states as well. They may lead to a review of the European legislative process and structural reforms. The pace of legislation should slow down, it should be more reflexive and “re-connect” to the national and local level. Care should also be taken by national legislators in better integrating European law into national law. Structural reform would include strengthening of democratic institutions on a European level including the European court system. This should be accompanied by practical cooperation and mutual exchange.

Prof. Dr. Wiebe studied law at the University of Hannover, Germany, and at the University of Virginia (U.S.A.) where he received the LL.M. degree in 1988. In 2001 he completed his habilitation. Since Sept. 2002 he is a professor on the newly established Chair for Information Law and Intellectual Property Law at the Vienna University of Economics and Business Administration (www.infolaw.at). Prof. Dr. Wiebe is a member of various academic associations and Vice President of the German Computer Law Association (DGRI e.V.).