European Union directive
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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 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 subject matter of the directive.
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 Policy, directives are addressed to all member states.
If the 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 can initiate legal action against the member state in the European Court of Justice.
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 directives can actually have direct legal force and in Francovich v. Italy the court found Italy liable for their failure to implement a directive.
If the European Constitution is ratified and enters into force, directives will become known simply as European framework laws.
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[edit] Implementation
A directive fixes the agreed objectives to be pursued by the EU member states, but leaves freedom of choice for the ways of obtaining them (maintaining an obligation to achieve the result) as long as the spirit of the directive is kept: "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." (art. 249 ex.189).
How each country puts the directive into effect depends on their legal structure, and may vary. For example, in the UK most directives are brought in via statutory instruments but some directives create such major changes to the law that Parliament passes a separate Act to incorporate the changes.
[edit] Enforcement
In practice, with the exception of directives related to the common agricultural policy, directives are addressed to all member states, and specifies a date by which the states must have put the directive into effect. (These dates are either determined by the Council of Ministers at the time of the main agreement, or the twentieth day following that of publication). Individual states often miss these deadlines, and when the deadlines slip badly, the European Commission can and does commence proceedings in the European Court of Justice against the countries involved.
Through its case law, the European Court of Justice has provided guidelines for member state judges on how to deal with cases where directives have not been transposed into national law, or have been transposed incorrectly.
- When national law has multiple possible interpretations, the judge must choose the interpretation that conforms with EU law. This rule also applies to directives not yet transposed into national law.
- In cases against the state or any state body, directives have "direct effect". A state that hasn't transposed a directive on time may not invoke this to its own benefit. "Direct effect" only applies to rules that are sufficiently clear.
- Citizens can sue the state for damages caused because of tardy transposition.
[edit] Infractions/Infringements
Where a Member State fails to comply with its obligations under the Treaty – for example, by not correctly transposing a directive (or not doing so on time), or by failing to implement it properly. Infringement cases are taken to the European Court of Justice by the Commission under Article 226 EC for trial if their Reasoned Opinion is not adequately answered.
