Editing Directive (European Union)

{{short description|Legislative act of the European Union}}
{{EngvarB|date=July 2018}}
{{Use dmy dates|date=July 2018}}
{{Politics of the European Union|law}}
{{about-distinguish2|directives for EU member-state legislation|[[negotiating directive]]s in EU foreign policy}}
A '''directive''' is a legal act of the [[European Union]]<ref>{{cite book |title=European Union law after Maastricht: a practical guide for lawyers outside the common |quote=The Union has two primary types of legislative acts, directives and regulations}}</ref> that requires [[Member state of the European Union|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.<ref>{{cite web |title=Treaties, regulations, directives and direct effect |url=http://hum.port.ac.uk/europeanstudieshub/learning/module-3-governance-in-a-multi-level-europe/direct-effect-and-direct-applicability/ |website=European Studies |publisher=University of Portsmouth |access-date=21 January 2021}}</ref> 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 [[European Union legislative procedure|legislative procedures]] depending on their subject matter.

The text of a draft directive (if subject to the [[co-decision]] process, as contentious matters usually are) is prepared by the [[European Commission|Commission]] after consultation with its own and national experts. The draft is presented to the [[European Parliament|Parliament]] and the [[Council of the European Union|Council]]—composed of relevant ministers of member governments, initially for evaluation and comment and then subsequently for approval or rejection.

==Justifications==
Directives commence with a preamble and a number of [[Recital (law)|recitals]] which provide treaty contexts, references to other relevant legislation, and principles seen as justifying the terms of the directive.<ref>Humphreys, L., Santos, C., di Caro, L., Boella, G., van der Torre, L. and Robaldo, L. (2015), [https://icr.uni.lu/leonvandertorre/papers/jurix2015.pdf Mapping Recitals to Normative Provisions in EU Legislation to Assist Legal Interpretation], accessed on 10 April 2025</ref>

There are justifications for using a directive rather than a regulation: (i) it complies with the EU's desire for [[subsidiarity#General principle of European Union law|"subsidiarity"]]; (ii) it acknowledges that different member States have different legal systems, legal traditions and legal processes; and (iii) each Member State has leeway to choose its own statutory wording, rather than accepting the Brussels' official "[[Eurospeak]]" terminology.{{cn|date=October 2019}} For example, while EU Directive 2009/20/EC (which simply requires all vessels visiting EU ports to have [[Protection and indemnity insurance|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.<ref>{{Cite web|url=https://www.legislation.gov.uk/ukia/2012/190|title=UK implementation of EU Directive 2009/20/EC on the insurance of ship-owners for maritime claims - Impact Assessment}}</ref>{{not in citation|date=October 2019}}{{OR|date=October 2019}}

==Legal basis==
The legal basis for the [[enactment of a bill|enactment]] of directives is Article 288 of the [[Treaty on the Functioning of the European Union]] (formerly Article 249 [[Treaty establishing the European Community|TEC]]).

{{quote|'''Article 288'''
To exercise the Union's competences, the [[Institutions of the European Union|institutions]] shall adopt regulations, directives, decisions, recommendations and opinions.

A [[regulation (European Union)|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 of the European Union|Member State]] to which it is addressed, but shall leave to the national [[Authority|authorities]] the choice of form and methods.

A [[Decision (European Union)|decision]] shall be binding in its entirety upon those to whom it is addressed.

[[Recommendation (European Union)|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.<ref name="CommonsLib">{{Cite web|url=http://www.w4mp.org/html/library/standardnotes/snia-03689.pdf |title=The European Union: a guide to terminology procedures and sources |author=Christine Fretten |author2=Vaughne Miller |date=21 July 2005 |access-date=3 September 2009 |publisher=UK House of Commons Library, International Affairs and Defence Section |page=8 |id=Standard Note: SN/IA/3689 |quote=Both the Council of Ministers and the Commission are empowered under the EC Treaty to make laws. |url-status=dead |archive-url=https://web.archive.org/web/20100612213147/http://w4mp.org/html/library/standardnotes/snia-03689.pdf |archive-date=12 June 2010  }}</ref> 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.<ref name="Steiner-p56">{{cite book |last1=Steiner |first1=Josephine |first2=Lorna |last2=Woods |first3=Christian |last3=Twigg-Flesner | title=EU Law |url=https://archive.org/details/eulaw0009stei |url-access=registration |edition=9th |year=2006 |publisher=Oxford University Press |location=Oxford |isbn=978-0-19-927959-3|pages=[https://archive.org/details/eulaw0009stei/page/56 56]–60}}</ref>

==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 (law)|transposition]]) in order for the directive to be implemented correctly. This is done in approximately 99% of the cases.<ref>{{cite web |url=http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/1122&format=HTML&aged=0&language=EN&guiLanguage=en |title=Internal Market Scoreboard: best result ever – Member States reach new target ahead of deadline |publisher=[[Europa (web portal)|Europa]] |access-date=18 January 2009 |date=9 July 2008}}</ref> 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 [[statutory instrument]] (SI), the [[Unfair Terms in Consumer Contracts Regulations 1994]],<ref>UK Legislation, [http://www.legislation.gov.uk/uksi/1994/3159/made The Unfair Terms in Consumer Contracts Regulations 1994 – SI 1994/3159]</ref> to implement the EU [[Unfair Terms in Consumer Contracts Directive 1993]].<ref>{{Cite web|url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:71993L0013:EN:NOT#FIELD_UK|title=National provisions communicated by the member states concerning Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts}}</ref> For reasons that are not clear, the 1994 SI was deemed inadequate{{cn|date=October 2019}} and was repealed and replaced by the [[Unfair Terms in Consumer Contracts Regulations 1999]].<ref>{{Cite web|url=http://www.legislation.gov.uk/uksi/1999/2083/contents/made|title=The Unfair Terms in Consumer Contracts Regulations 1999}}</ref> The [[Consumer Rights Act 2015]], a major United Kingdom statute consolidating consumer rights, then abolished the 1999 SI; so presumably the 2015 Act complies with the 1993 EU directive, which remains extant.

===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 [[doctrine]] of [[direct effect]] where unimplemented or badly implemented directives can actually have direct legal force. In the important case of ''[[Francovich v. Italy]]'', the ECJ extended the principle of ''[[Van Gend en Loos v Nederlandse Administratie der Belastingen|Van Gend en Loos]]''<ref> ''Van Gend en Loos'':  EU Treaties are capable of creating legal rights enforceable by both [[natural person|natural]] and [[legal person]]s in the courts of Member States.</ref> to provide that Member States who failed to implement a directive could incur liability to pay damages to individuals and companies who had been adversely affected by such non-implementation.

==See also==

* [[EudraLex]]
* [[EUR-Lex]]
* [[Regulation (European Union)|European Union regulation]]
* [[Framework decision]]
* [[Law of the European Union]]
* [[List of European Union directives]]
* [[Policy measures of the European Union]]

==References==
{{reflist}}

==External links==
* [https://publications.parliament.uk/pa/cm200102/cmselect/cmeuleg/152-xxxiii/15201.htm UK House of Commons: Report of the EU Legislative Process and scrutiny by national parliaments].
* [http://eur-lex.europa.eu/ EUR-Lex, European Union Law database].
* [https://web.archive.org/web/20050308103418/http://www.eubusiness.com/guides/legislation EU Legislative Procedures]

{{European Union topics}}
{{Intellectual property laws of the European Union}}

{{Legislation of the European Union}}
{{Portal bar|European Union|Law}}

[[Category:European Union constitutional law|Directive]]
[[Category:European Union directives| ]]