Directive (European Union)

Directive of the European Union ( English Directive ) - a type of legislative act of the European Union (EU).

Unlike a regulation or regulation , direct action instruments, the directive is introduced through national legislation . It obliges the EU Member States to take measures within the specified time period aimed at achieving the goals defined in it.

Directives are a subordinate tool, they should reflect the status of treaties , but they, like treaties, have supremacy over national law . So, if some EU member state did not introduce the relevant directive in the national legislation on time, it nevertheless has the force of law in this EU member state - a member of the European Union, and its violation can be appealed to the Court of the EU .

According to the decision of the EU Court in case 41/74, dated December 4, 1974 (the so-called van Duyn case ), the directive receives direct effect in the following cases:

1. The deadline for transforming the directive into national law has expired;
2. The provisions of the directive are quite accurate and unconditional (direct actions do not acquire norm-goals and norm-objectives);
3. The directive contains the rights of individuals with respect to the state, which must be protected by the courts of the EU Member States;
4. The directive regulates "vertical" legal relations (between private individuals and public authorities), and not "horizontal" (private individuals among themselves).