EU Measure - The Department of Justice and Equality

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Information on the EU Directives currently being transposed by the Department of Justice, Equality and Law Reform.
Information on recently transposed Directives is also included.
EU Measure
Transposition
date
Current position
Directive 2004/38/EC of the European Parliament and of
the Council of 29 April 2004 on the right of citizens of the
Union and their family members to move and reside
freely within the territory of the Member States amending
Regulation (EEC) No 1612/68 and repealing Directives
64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC,
75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and
93/96/EEC (Text with EEA relevance)
30/04/2006
Transposed on 28 April 2006 by the European
Communities (Free Movement of Persons) Regulations
2006 (as amended by SI 656/2006)
Council Directive 2002/8/EC of 27 January 2003 to
improve access to justice in cross-border disputes by
establishing minimum common rules relating to legal aid
for such disputes
30/05/2006
Transposed by existing legislation (Civil Legal Aid Act
1995)
Council Directive 2004/82/EC of 29 April 2004 on the
obligation of carriers to communicate passenger data
05/09/2006
The transposition deadline is 6 September 2006. However
this date does not apply to Ireland as this is a Schengenrelated measure and therefore the deadline only applies to
Schengen Member States. The Immigration and
Residence Bill will, in the main, provide the legislative
vehicle for implementing the provisions of this Directive.
Drafting of this Bill is at an advanced stage.
Council Directive 2005/7/EC of 12 October 2005 relating
to the specific admission procedure for third-country
nationals for the purpose of scientific research
12/10/2007
Work is underway to allow for its transposition into
domestic legislation.
Council Directive 2005/85/CE of 1 December 2005,
relating to the minimum standards concerning the
procedure for granting and withdrawal of refugee status
in the Member States
1/12/2007
1/12/2008 (Article 15)
Work is underway to allow for its transposition into
domestic legislation.
Council Directive 2004/113/EC of 13 December 2004
implementing the principle of equal treatment between
men and women in the access to and supply of goods
and services
21/12/2007
Work is underway to allow for its transposition into
domestic legislation.
Council Directive 2002/90/EC defining the facilitation of
unauthorised entry, transit and residence
5/12/2004
The transposition date does not apply to Ireland as this is a
Schengen-related measure and therefore the deadline only
applies to Schengen Member States. The legislative
changes required to transpose this Directive will be
brought forward by means of the Criminal Justice
(Miscellaneous Provisions) Bill which is expected to be
published this year (2007).
Council Directive 2001/40/EC of 28 May 2001 on the
mutual recognition of decisions on the expulsion of third
country nationals
02/12/2002
The transposition date does not apply to Ireland as this is a
Schengen-related measure and therefore the deadline only
applies to Schengen Member States. The instrument is
due to be repealed by the draft Council Directive on
common standards on procedures in Member States for
returning illegally staying third country nationals.
Discussions on this instrument are ongoing at Council
working group level.
Directive 2006/24/EC of 15 March 2006 of the European
Parliament and Council on the retention of data
generated or processed in connection with the provision
of publicly available electronic communications services
or of public communications networks and amending
Directive 2002/58/EC.
17/9/2007
Ireland has challenged the legal base of this Directive
before the European Court of Justice. Proceedings are
currently ongoing in relation this case.
Directive 2005/60/EC of the European Parliament and the
Council of 26 October 2005 on the prevention of the use
of financial systems for the purpose of money laundering
and terrorist financing.
15/12/2007
The Department of Finance has the overall responsibility
for the implementation of the Directive. However, a
number of amendments to criminal law will also arise for
which this Department is responsible. Arrangements for
the assessment of the legislative changes required are
already in train with a view to meeting the transposition
deadline.
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