Directive (European Union)
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A directive is a legal act of the European Union[1] that requires member states to achieve particular goals without dictating how the member states achieve those goals. A directive's goals have to be made the goals of one or more new or changed national laws by the member states before this legislation applies to individuals residing in the member states.[2] 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 their subject matter.
The text of a draft directive (if subject to the
Justification]
There are justifications for using a directive rather than a regulation: (i) it complies with the EU's desire for
For example, while EU Directive 2009/20/EC (which simply requires all vessels visiting EU ports to have P&I cover) could have been a regulation (without requiring member states to implement the directive), the desire for subsidiarity was paramount, so a directive was the chosen vehicle.[3][failed verification]
Legal basis
The legal basis for the
Article 288
To exercise the Union's competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions.
A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States.
A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.
A decision shall be binding in its entirety upon those to whom it is addressed.
Recommendations and opinions shall have no binding force.
The Council can delegate legislative authority to the Commission and, depending on the area and the appropriate legislative procedure, both institutions can seek to make laws.[4] There are Council directives and Commission directives. Article 288 does not clearly distinguish between legislative acts and administrative acts, as is normally done in national legal systems.[5]
Legal effect
Directives are binding only on the member states to whom they are addressed, which can be just one member state or a group of them. In general, 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 be required only to keep its laws in place. More commonly, member states are required to make changes to their laws (commonly referred to as transposition) in order for the directive to be implemented correctly. This is done in approximately 99% of the cases.[6] If a member state fails to pass the required national legislation, or if the national legislation does not 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. This may also happen when a member state has transposed a directive in theory but has failed to abide by its provisions in practice.
If a Member State fails to implement a Directive timely or correctly, the Directive itself becomes binding on the Member States, meaning that parties in proceedings against the state may rely on provisions of the untimely or incorrectly transposed Directive. An example of a case in which the applicant was able to invoke the provisions of an untimely transposed Directive is the Verkooijen case, in which the European Court of Justice rendered a judgement on 6 June 2000 (case no. C-35/98).
The United Kingdom passed a
Direct effect
Even though directives were not originally thought to be binding before they were implemented by member states, the European Court of Justice developed the
See also
- EudraLex
- EUR-Lex
- European Union regulation
- Framework decision
- Law of the European Union
- List of European Union directives
- Policy measures of the European Union
References
- ^ European Union law after Maastricht: a practical guide for lawyers outside the common.
The Union has two primary types of legislative acts, directives and regulations
- ^ "Treaties, regulations, directives and direct effect". European Studies. University of Portsmouth. Retrieved 21 January 2021.
- ^ "UK implementation of EU Directive 2009/20/EC on the insurance of ship-owners for maritime claims - Impact Assessment".
- ^ Christine Fretten; Vaughne Miller (21 July 2005). "The European Union: a guide to terminology procedures and sources" (PDF). UK House of Commons Library, International Affairs and Defence Section. p. 8. Standard Note: SN/IA/3689. Archived from the original (PDF) on 12 June 2010. Retrieved 3 September 2009.
Both the Council of Ministers and the Commission are empowered under the EC Treaty to make laws.
- ISBN 978-0-19-927959-3.
- ^ "Internal Market Scoreboard: best result ever – Member States reach new target ahead of deadline". Europa. 9 July 2008. Retrieved 18 January 2009.
- ^ UTCCR 1994 The Unfair Terms in Consumer Contracts Regulations 1994 – SI 1994/3159
- ^ "National provisions communicated by the member states concerning Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts".
- ^ "The Unfair Terms in Consumer Contracts Regulations 1999".
- ^ Van Gend en Loos: EU Treaties are capable of creating legal rights enforceable by both natural and legal persons in the courts of Member States.