From Legislators to the End-User: Practical Difficulties - download pdf or read online

By Manfred Fuchs

ISBN-10: 3531177877

ISBN-13: 9783531177878

The development items Directive (89/106/EEC - CPD) must have facilitated placing development items on any nationwide marketplace in the ecu monetary sector. 20 years later, its useful impression continues to be quite vulnerable. by means of going past the scope of so much experiences at the implementation of european laws on the point of the sensible end-users (architects, civil engineers, building companies), this examine highlights the truth that the attractiveness of this expert team not just performs an immense position within the functional implementation of this directive, yet may also switch, improve or neutralize the intentions of coverage makers and directors on the ecu and nationwide point.

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One problem embedded in this scheme is its exclusiveness when defining problems and goals. To solve a complex problem one has to define as precisely as possible the relevant aspects of the problem. Only aspects that are mentioned in the definition of a problem will be treated within the system. If the system boundaries are too rigid, useful options might not be accessible within the established framework. On the other hand, a lack of clear definitions might reduce the ability of the system to act efficiently – or a lot of time would be lost at a later stage of creating additional specific definitions before the work on practical solutions could even begin.

However, in general, Länder representatives and other interested parties do not play a strong active role but are mostly observers. e. interdepartmental) conflicts by defining and presenting the lowest common denominator, which might reduce their flexibility in the negotiation process significantly, or positions presented by different ministries might be (slightly) contradictory. On the other hand, the departmentalisation 53 54 Both the German and the Austrian systems include a large number of “veto-players” on Länder level, which is increasing the stability of the system (changes need more consensus and are more “expensive” in the discussion and bargaining process) but also decreasing its flexibility in regional policy or the European multi-level system (“joint decision trap”.

On the other hand, one cannot exclude behaviour closer to homo economicus: ƒ the general problem of getting sufficient data on the positions, needs, abilities and limits of upstream and downstream actors (the cognitive lack of transparency of different institutions and organisations for each other20) makes it easier to deviate from any agreement without a high risk of detection; 20 Schimank: Teilsystemische Autonomie 2006 p. 255. 34 2 “Stayin’ alive, stayin’ alive” – Interaction, problem solving concepts and “European” actors ƒ considering another basic problem for all actors of monitoring activities outside their sphere of influence (mostly along national or regional borders or between national and EU level), the temptation for free-riding is relatively high.

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From Legislators to the End-User: Practical Difficulties when Implementing European Directives by Manfred Fuchs


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