Everything about European Union Directive totally explained
A
directive is a legislative act of the
European Union which requires member states to achieve a particular result without dictating the means of achieving that result. It can be distinguished from
European Union regulations which are self-executing and don't require any implementing measures. Directives normally leave member states with a certain amount of leeway as to the exact rules to be adopted. Directives can be adopted by means of a variety of
legislative procedures depending on its subject matter.
Legal basis
The legal basis for the enactment of directives is
article 249 of the Treaty establishing the European Community and, as such, directives only apply within the
European Community pillar of the European Union.
Legal effect
Directives are only binding on the member states to whom they're addressed, which can be just one member state or a group of them. In practice however, with the exception of directives related to the
Common Agricultural Policy, directives are addressed to all member states.
Implementation
When adopted, directives give member states a timetable for the implementation of the intended outcome. Occasionally the laws of a member state may already comply with this outcome and the state involved would only be required to keep their laws in place. But more commonly member states are required to make changes to their laws in order for the directive to be implemented correctly. If a member state fails to pass the required national legislation, or if the national legislation doesn't adequately comply with the requirements of the directive, the
European Commission may initiate legal action against the member state in the
European Court of Justice.
Direct Effect
Notwithstanding the fact that directives were not originally thought to be binding before they were implemented by member states, the European Court of Justice developed the doctrine of
direct effect where unimplemented or badly implemented directives can actually have direct legal force. And in
Francovich v. Italy the court found that member states could be liable to pay damages to individuals and companies who had been adversely affected by the non-implementation of a directive.
Further Information
Get more info on 'European Union Directive'.
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