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Forum Paper Title: Reflections on the scope and
pre-emptive effects of Community legislation - a case study on the RoHS
directive
Description of Forum Paper:
The article explores the vertical division of powers between the
Community and its Member States through the concepts "scope" and "pre-emptive
effects" of EC legislation. The analysis is a case study; it uses the EC
Directive on Restrictions on the use of Hazardous Substances to highlight the
issues and difficulties in defining the scope and pre-emptive effects of
Community legislation. In conclusion, it is predicted that the current doctrine
on pre-emption is likely to shift towards an approach, where parallel national
legislation is perceived in a more subtle and tolerant fashion.
Biography
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