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Non-compliance with the Directive

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1 What happens if an authority is not compliant on the 28th December?

The Authority needs to run a risk assessment regarding non compliance. Some of the risks are as follows:

  • the mutual evaluation process taking place from January to June 2010 will highlight a lack of compliance and this could lead to an infraction, a costly process
  • individual service providers may decide to take a non-compliant authority to Court for failing to remove unjustifiable barriers
  • risk of judicial reviews in decisions taken
  • general risk to the authority's reputation, or to the authority's performance assessment

On the positive side compliance with the Directive does demonstrate the role of the authority as an enabler for business and is a good and competitive response to the economic development agenda.

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