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ARTICLE · 05 APRIL 2018

Application Of EU Service Regulation – Formalities Versus Objectives

Elias Neocleous & Co LLC
Elias Neocleous & Co LLC
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Elias Neocleous & Co LLC

Elias Neocleous & Co LLC

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EU regulations aim to establish the uniform application of law throughout the European Union.

European UnionLitigation, Mediation & Arbitration

Introduction

EU regulations aim to establish the uniform application of law throughout the European Union. In contrast to EU directives – which are implemented by national legislation, giving scope for variation – EU regulations apply directly across the entire European Union. However, at the practical level, differences between the procedural rules that apply in different member states make it difficult, if not impossible, to achieve the ideal of full uniformity. While expediency dictates that the application of regulations should not be restricted or obstructed by formalities, which can be validly remedied through simple steps, the legislation's basic principles and provisions and fundamental objectives of freedom, security and justice must be respected, taking the interests of all parties into account. Achieving this balance between expediency and principle is not easy given the many and complex differences between EU member states regarding their rules of

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