A
directive is a
legislative actLegislation is law which has been promulgated by a legislature or other governing body, or the process of making it. The term may refer to a single law, or the collective body of enacted law, while "statute" is also used to refer to a single law...
of the
European UnionThe European Union is an economic and political union of 27 Member States, located primarily in Europe. Committed to regional integration, the EU was established by the Treaty of Maastricht on 1 November 1993 upon the foundations of the pre-existing European Economic Community...
, which requires
member statesA Member State of the European Union is any one of the 27 sovereign states that have acceded to the European Union since its de facto inception in 1951 as the European Coal and Steel Community . From an original membership of six states, there have been six successive enlargements, the largest...
to achieve a particular result without dictating the means of achieving that result. It can be distinguished from regulations which are self-executing and do not 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 proceduresThe legislative procedures of the European Union are the ways in which the European Union enacts legislation. The procedure used for any given legislative proposal depends on the policy area in question...
depending on their subject matter.
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.
- Article 249
- In order to carry out their task and in accordance with the provisions of this Treaty, the European Parliament acting jointly with the Council, the Council and the Commission shall make regulations and issue directives, take decisions, make recommendations or deliver opinions.
- A regulation shall have general application.
A
directive is a
legislative actLegislation is law which has been promulgated by a legislature or other governing body, or the process of making it. The term may refer to a single law, or the collective body of enacted law, while "statute" is also used to refer to a single law...
of the
European UnionThe European Union is an economic and political union of 27 Member States, located primarily in Europe. Committed to regional integration, the EU was established by the Treaty of Maastricht on 1 November 1993 upon the foundations of the pre-existing European Economic Community...
, which requires
member statesA Member State of the European Union is any one of the 27 sovereign states that have acceded to the European Union since its de facto inception in 1951 as the European Coal and Steel Community . From an original membership of six states, there have been six successive enlargements, the largest...
to achieve a particular result without dictating the means of achieving that result. It can be distinguished from regulations which are self-executing and do not 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 proceduresThe legislative procedures of the European Union are the ways in which the European Union enacts legislation. The procedure used for any given legislative proposal depends on the policy area in question...
depending on their 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.
- Article 249
- In order to carry out their task and in accordance with the provisions of this Treaty, the European Parliament acting jointly with the Council, the Council and the Commission shall make regulations and issue directives, take decisions, make recommendations or deliver 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 make laws. There are Council regulations and Commission regulations. Article 249 does not clearly distinguish between legislative acts and administrative acts, as is normally done in national legal systems.
Legal effect
Directives are only binding on the member states to whom they are 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 PolicyThe Common Agricultural Policy is a system of European Union agricultural subsidies and programs. It represents 48% of the EU's budget, €49.8 billion in 2006 ....
, 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 — commonly referred to as
transpositionIn international law incorporation is the process by which countries who are parties to international agreements pass domestic legislation that gives these agreements force under their respective national laws. Whether incorporation is necessary depends on a country's domestic law...
— 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 does not adequately comply with the requirements of the directive, the
European CommissionThe European Commission acts as an executive of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union.The Commission operates in the method of cabinet government, with 27...
may initiate legal action against the member state in the
European Court of JusticeThe European Court of Justice , is the highest court in the European Union in matters of European Union law. It is tasked with interpreting EU law and ensuring its equal application across all EU member states. The Court was established in 1952 and is based in Luxembourg...
. This may also happen when a member state has transposed a directive in theory but has failed to abide by its provisions in practice. On 1 May 2008 1,298 such cases open before the Court.
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 effectDirect effect is a principle of European Community law according to which certain pieces of European legislation are enforceable before the courts of European Union member states. Direct effect is not explicitly mentioned in any of the EC Treaties, but was established by the European Court of...
where unimplemented or badly implemented directives can actually have direct legal force. And in
Francovich v. ItalyThe Francovich principle or Francovich doctrinne is a principle of European Union Law established in the case Andrea Francovich and Others v. Italian Republic that concerned a compensation scheme which Italian workers were entitled to under a EU directive. The case established the idea of state...
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.
See also
:Category:European Union directives
- Law of the European Union
- EUR-Lex
EUR-Lex is a service on the official website of the European Union, europa.eu. It provides legal texts of the union.EUR-Lex provides direct free access to European Union law. The system makes it possible to consult the Official Journal of the European Union and it includes inter alia the treaties,...
- EudraLex
EudraLex is the collection of rules and regulations governing medicinal products in the European Union.-Volumes:EudraLex consists of 10 volumes:*Concerning Medicinal Products for Human use:**Volume 1 - Pharmaceutical Legislation....
- EU policy measures
The European Union uses a range of legal instruments to implement policy, varied across two major decision-making processes co-decision and cooperation procedure.-Green Paper:...
External links