European Union directive
Encyclopedia
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 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 procedures
depending on their subject matter.
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. There are Council regulations and Commission regulations. Article 288 does not clearly distinguish between legislative acts and administrative acts, as is normally done in national legal systems.
, directives are addressed to all member states.
) 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 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. On 1 May 2008, 1,298 such cases open before the Court.
where unimplemented or badly implemented directives can actually have direct legal force. Also, 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.
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
, which requires member states
Member State of the European Union
A member state of the European Union is a state that is party to treaties of the European Union and has thereby undertaken the privileges and obligations that EU membership entails. Unlike membership of an international organisation, being an EU member state places a country under binding laws in...
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 procedures
European Union legislative procedure
The legislatureof the European Union is principally composed of the European Parliament and the Council of the European Union. Competencies in scrutinising and amending legislation are usually divided equally between the two, while the power to initiate laws is held by the European Commission...
depending on their subject matter.
Legal basis
The legal basis for the enactment of directives is Article 288 of the Treaty on the Functioning of the European Union (formerly Article 249 TEC).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. There are Council regulations and Commission regulations. Article 288 does not clearly distinguish between legislative acts and administrative acts, as is normally done in national legal systems.
Creation of a directive
The text of a draft directive (if subject to the co-decision process, as contentious matters usually are) is prepared by the Commission after consultation with its own and national experts. The draft is presented to the Parliament and the Council—composed of relevant ministers of member governments, initially for evaluation and comment, then subsequently for approval or rejection.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 practice, however, with the exception of directives related to the Common Agricultural PolicyCommon Agricultural Policy
The Common Agricultural Policy is a system of European Union agricultural subsidies and programmes. 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 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 transpositionTransposition (law)
The incorporation of international law is the process by international agreements become part of the municipal law of a sovereign state. A country incorporates a treaty by passing domestic legislation that gives effect to the treaty in the national legal system....
) 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 Commission
European Commission
The European Commission is the executive body 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....
may initiate legal action against the member state in the European Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
. 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
Direct effect is the principle of European Union law according to which provisions of Union law may, if appropriately framed, confer rights and impose obligations on individuals which the courts of European Union member states are bound to recognise and enforce...
where unimplemented or badly implemented directives can actually have direct legal force. Also, in Francovich v. Italy
Francovich principle
Francovich v. Italy was a decision of the European Court of Justice which established that European Union member states could be liable to pay compensation to individuals who suffered a loss by reason of the member state's failure to transpose a EU directive into national law...
, 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
- EU policy measuresEU policy measuresThe 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:...
- EudraLexEudraLexEudraLex 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....
- EUR-LexEUR-LexEUR-Lex is a service providing legal texts of the European Union on its official website europa.eu. Replacing the earlier service CELEX, 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...
- Law of the European Union
- List of European Union directives
- Regulation (European Union)