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Encyclopedia > European Union directive
European Union

This article is part of the series:
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the European Union
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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. The Treaty of Maastricht which established the European Union, divided EU policies into three main areas, called pillars. ... The European Community (EC), most important of three European Communities, was originally founded on March 25, 1957 by the signing of the Treaty of Rome under the name of European Economic Community. ... The Common Foreign and Security Policy or CFSP, german Gemeinsame Außen- und Sicherheitspolitik (GASP), was established as the second of the three pillars of the European Union in the Maastricht treaty of 1992, and further defined and broadened in the Amsterdam Treaty of 1997. ... Police and Judicial Co-operation in Criminal Matters is the third of the three pillars of the European Union, focusing on co-operation in law enforcement and combating racism. ... The European Commission (formally the Commission of the European Communities) is the executive body of the European Union. ... François-Xavier Ortoli, Romano Prodi, José Manuel Barroso and Jacques Delors The President of the European Commission is notionally the highest ranking unelected official within the European Union bureaucracy. ... This article needs to be updated. ... The Barroso Commission is the European Commission that has been in office since 22 November 2004 and is due to serve until 31 October 2009. ... The Council of the European Union forms, along with the European Parliament, the legislative arm of the European Union (EU). ... The European Council, informally called the European summit, is a meeting of the heads of state or government of the European Union, and the President of the European Commission. ... Presidency of the Council of the European Union refers to the responsibility of presiding over all aspects of the Council of the European Union, when exercised collectively by a government, on a pre-established rota of the member states, of the European Union. ... The European Parliament building in Strasbourg The inside of the building The European Parliament (formerly European Parliamentary Assembly) is the parliamentary body of the European Union (EU), directly elected by EU citizens once every five years. ... The President of the European Parliament oversees all the activities of the European Parliament and its constituent bodies. ... Josep Borrell Josep Borrell Fontelles (born April 24, 1947) is a Spanish politician. ... A Member of the European Parliament (English abbreviation MEP)[1] is a member of the European Unions directly-elected legislative body, the European Parliament. ... In five European Union Member States (Belgium, France, Ireland, Italy and the United Kingdom), the national territory is divided into a number of constituencies for European elections. ... Elections in the European Union gives information on election and election results in the European Union. ... Elections to the European Parliament will be held in June 2006 in the then–27 member states of the European Union, using varying election days according to local custom. ... Elections to the European Parliament were held from June 10, 2004 to June 13, 2004 in the 25 member states of the European Union, using varying election days according to local custom. ... The Standing Committees of the European Parliament are designed to aid the European Commission in initiating legislation. ... The European Court of Justice (ECJ) is formally known as the Court of Justice of the European Communities, i. ... As of August 17, 2006: Categories: | | | ... The Court of First Instance, created in 1989, is a court of the European Union. ... European Union Civil Service Tribunal, since December 2, 2005 a new specialised tribunal within the European Union institutional framework. ... The European Court of Auditors is one of five institutions of the European Union. ... The European Unions Economic and Social Committee is the consultative assembly of European social and economic partners. This phrase refers mainly to representatives of business, employers and trade unions. ... The Committee of the Regions (CoR) is an institution of the European Union created by the Treaty of Maastricht. ... The ECB building in Frankfurt The European Central Bank (ECB) (French: Banque Centrale Européenne, German: Europäische Zentralbank, Greek: Ευρωπαϊκή Κεντρική Τράπεζα) is one of the worlds largest central banks, being in charge of monetary policy for the European Unions official currency, the euro, which is used by over 300... The European Investment Bank (the Banque Européenne dInvestissement) is the European Unions financing institution and was established under the Treaty of Rome (1957) to provide loan finance for capital investment furthering European Union policy objectives, in particular regional development, Trans-European Networks of transport, telecommunications and energy... The European Investment Fund, established in 1994, is a European Union agency for the provision of finance to SMEs (small and medium-sized enterprises). ... The agencies of the European Union (or decentralised bodies of the European Union) are bodies which are distinct from the European Unions institutions, in that they have not been created by the treaties but rather by acts of secondary legislation, in order to accomplish a very specific task. ... The European Union is unique among international organisations in having a complex and highly developed system of internal law which has direct effect within the legal systems of its member states. ... The French term acquis (or sometimes acquis communautaire) is used in European Union law to refer to the total body of EU law accumulated so far. ... The European Union legislative procedure describes the way the European Union creates and enacts legislation across the community. ... The treaties of the European Union are effectively its constitutional law, making up the EUs primary legislation. ... A European Union decision (defined in Article 249/EC) is one of the three binding instruments provide by secondary EU legislation. ... In European Union Law a recommendation Differs from regulations, directives and decisions, in that they are not binding for Member States. ... // Origins of the EU History of the European Union European Coal and Steel Community (ECSC) Euratom Single market. ... In economics, a monetary union is a situation where several countries have agreed to share a single currency among them. ... The European Union (EU) was originally created by the six founding states in 1952, but has grown to its current size of 25 member states. ... Foreign relations of the European Union Foreign relations of Austria Foreign relations of Belgium Foreign relations of Cyprus Foreign relations of the Czech Republic Foreign relations of Denmark Foreign relations of Estonia Foreign relations of Finland Foreign relations of France Foreign relations of Germany Foreign relations of Greece Foreign relations... A European political party, formally a political party at European level, sometimes informally (especially in academic circles) a Europarty, is a type of political party organization operating transnationally in Europe. ... The majority of major political parties in Europe have aligned themselves into the pan-European political organisations listed below. ... The member-states of the European Union by the European party affiliations of their leaders, as of April, 2006. ... Information on politics by country is available for every country, including both de jure and de facto independent states, inhabited dependent territories, as well as areas of special sovereignty. ... The legislative acts of the European Union (EU) can have different forms: regulations, directives, decisions, recommendations and opinions. ... The European Union legislative procedure describes the way the European Union creates and enacts legislation across the community. ...


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. The Common Agricultural Policy (CAP) is a system of European Union agricultural subsidies which represents about 44% of the EUs budget (€43 billion scheduled spend for 2005 [1]). These subsidies work by guaranteeing a minimum price to producers and by direct payment of a subsidy for crops planted. ...


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. The European Court of Justice (ECJ) is formally known as the Court of Justice of the European Communities, i. ... Direct effect is a principle of European Union Law stating that European regulations have a direct effect on EU citizens and on the laws of the member states. ...


If the European Constitution is ratified and enters into force, directives will become known simply as European framework laws. The Treaty establishing a Constitution for Europe, commonly referred to as the European Constitution, is an international treaty intended to create a constitution for the European Union. ...

Contents


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)aslong 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). A state is a set of institutions that possess the authority to make the rules that govern a society, having internal and external sovereignty over a definite territory. ...


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. Look up country in Wiktionary, the free dictionary. ... This article is about law in society. ... Statutory Instruments (SIs) are parts of United Kingdom law separate from Acts of Parliament which do not require full Parliamentary approval before becoming law. ... States currently utilizing parliamentary systems are denoted in orange and red—the former being constitutional monarchies where authority is vested in a parliament, and the latter being parliamentary republics whose parliaments are effectively supreme over a separate head of state. ... Look up Act on Wiktionary, the free dictionary Act may refer to: in law, a written document that attests the legality of the transaction. ...


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. The Common Agricultural Policy (CAP) is a system of European Union agricultural subsidies which represents about 44% of the EUs budget (€43 billion scheduled spend for 2005 [1]). These subsidies work by guaranteeing a minimum price to producers and by direct payment of a subsidy for crops planted. ... The European Commission (formally the Commission of the European Communities) is the executive body of the European Union. ... The European Court of Justice (ECJ) is formally known as the Court of Justice of the European Communities, i. ...


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. The European Court of Justice (ECJ) is formally known as the Court of Justice of the European Communities, i. ...

  • 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.

Direct effect is a principle of European Union Law stating that European regulations have a direct effect on EU citizens and on the laws of the member states. ... The word citizen may refer to: A person with a citizenship Citizen Watch Co. ... Fatale is also the title of a comic book published in the mid-1990s by Broadway Comics. ...

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. In a legal context, an infringement refers to the violation of a law or a right. ... The European Court of Justice (ECJ) is formally known as the Court of Justice of the European Communities, i. ...


See also

The following is a List of European Union directives: // Intellectual property Harmonisation of certain aspects of copyright and related rights in the information society (2001/29/EC May 22, 2001) Criminal measures aimed at ensuring the enforcement of intellectual property rights (proposed) Enforcement of intellectual property rights (2004/48/EC...

External links

  • UK House of Commons: Report of the EU Legislative Process and scrutiny by national parliaments.
  • EUR-LEX, European Union Law.
  • EU Legislative Procedures
  • History and institutions of the united Europe since 1945 — European Navigator

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