Explanatory Memorandum to COM(2002)336 - Aspects of the organisation of working time (codified version) - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2002)336 - Aspects of the organisation of working time (codified version). |
|---|---|
| source | COM(2002)336  |
| date | 24-06-2002 |
1. In the context of a people’s Europe, the Commission attaches great importance to simplifying and clarifying Community law so as to make it clearer and more accessible to the ordinary citizen, thus giving him new opportunities and the chance to make use of the specific rights it gives him.
This aim cannot be achieved so long as numerous provisions that have been amended several times, often quite substantially, remain scattered, so that they must be sought partly in the original instrument and partly in later amending ones. Considerable research work, comparing many different instruments, is thus needed to identify the current rules.
For this reason a codification of rules that have frequently been amended is also essential if Community law is to be clear and transparent.
2. On 1 April 1987 the Commission therefore decided to instruct its staff that all legislative measures should be codified after no more than ten amendments, stressing that this was a minimum requirement and that departments should endeavour to consolidate at even shorter intervals the texts for which they were responsible, to ensure that the Community rules were clear and readily understandable.
3. The Conclusions of the Presidency of the Edinburgh European Council (December 1992) confirmed this, stressing the importance of legislative (official) codification as it offers certainty as to the law applicable to a given matter at a given time.
It must be undertaken in full compliance with the normal Community legislative procedure.
Given that no changes of substance may be made to the instruments affected by official codification, Parliament, the Council and the Commission have agreed, by an interinstitutional agreement dated 20 December 1994, that an accelerated procedure may be used for the fast-track adoption of codification instruments.
4. The purpose of this proposal1 for official codification of Council Directive 93/104/EC of 23 November 1993, concerning certain aspects of the organisation of working time, is to undertake official codification of this type. The new directive will supersede the various directives incorporated in it2; their content is fully preserved, and they are brought together with only such formal amendments as are required by the codification exercise itself.
5. The codification proposal was drawn up on the basis of a preliminary consolidation, in all official languages, of Directive 93/104/EC, and the instrument amending it, carried out by the Office of Official Publications of the European Communities, by means of its data-processing system. Although the Articles have been given new numbers, the correlation between the old and the new numbers is shown in a table contained in Annex II to the codified Directive.