How to reconcile the drafting rules and practices of the Member-States with the rules and practices of the EU?

Many of the challenges in ensuring a harmonised application of EU legislation are connected to issues of intelligibility and quality of the drafting. However, problems also stem from the differences between the EU’s and the Member States’ legislative drafting rules. These include, eg, the rules regarding definitions or lengthy complex sentences. As most of the EU legislation must be implemented by the Member States, the differences can be problematic. In several cases, the practices of the EU are integrated into the Member State’s drafting rules. This leads to a harmonization of the structure of the legal acts themselves as well as of the legal drafting techniques. The loss of diversity of national drafting traditions and the possibility of the adoption of solutions not suited for a particular Member State can be problematic. When harmonization is not possible, the differences can also be considered as inducing non-compliance, unrelated to any opposition to the substance of the rules.