Translation of "Domestic law the territory " (English → French) :

(17) Since the objective of the proposed action, namely better foreseeability of court judgments requiring genuinely uniform rules on the law applicable to contractual obligations determined by a mandatory and directly applicable Community legal instrument, cannot be adequately attained by the Member States, who cannot lay down uniform Community rules, and can therefore, by reason of its effects throughout the Community, be better achieved at Community level, the Community can take measures, in accordance with the subsidiarity principle set out in Article 5 of the Treaty. In accordance with the proportionality principle set out in that Article, a Regulation, which increases certainty in the law without requiring harmonisation of the substantive ...[+++] rules of domestic law, does not go beyond what is necessary to attain that objective.

(8) The European order for payment procedure should not replace or harmonise the existing mechanisms for the recovery of uncontested debts under national law but constitute an additional option for the creditor who remains free to resort to a procedure provided by domestic law.

Thus, for instance, while calling on Member States to 'take appropriate measures to maintain as far as possible family unity as present within their territory', the directive refers back to domestic law and practice for the purposes of defining 'family members'. In this connection, it should be noted that a directive on family reunification was adopted on 22 September 2003, whose many inadequacies have been criticised by GISTI (Groupe d'information et de soutien des travailleurs immigrés). This organisation also pointed out that it wi ...[+++]ll be possible, on the basis of the directive: to require foreigners to wait for up to three years before being able to apply for family reunification; to limit the possibility of children over the age of 12 joining their parents; to issue reunified family members with precarious residence permits; to prohibit immediate access to employment; to call into question their right of residence in the event of family break-up.

(27a) The Commission is called upon to enforce rigorously Community law on mutual recognition of qualifications by more speedy referral to the Courts of First Instance and Justice of persistent breaches of such law by the public authorities in Member States and to require all Member State to transpose the directive on the recognition of professional qualifications into domestic law.

It also has to be recognised that, since much of this law is made up of directives which have to be transposed into the Member States' domestic legal systems, once they have been transposed, the instrument concerned belongs to domestic law and any infringement must be dealt with by the national courts.

While engaging in integrated cross-border maritime law enforcement operations a designated cross-border maritime law enforcement officer shall be subject to the domestic laws of the Party in whose territory any criminal misconduct is alleged to have occurred and be subject to the jurisdiction of the courts of that Party subject to the rights and privileges that a law enforcement officer from the host country would be able to assert in the same situation and subject to the rights and privileges that the host country would be able to assert in the same situ ...[+++]ation.