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A directive is a legal act of the European Union [1] that requires 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 ...
The European Commission is the main executive body of the European Union. [26] Article 17(1) of the Treaty on European Union states the commission should "promote the general interest of the Union" while Article 17(3) adds that Commissioners should be "completely independent" and not "take instructions from any Government". Under Article 17(2 ...
Commission Directive 66/683/EEC of 7 November 1966 eliminating all differences between the treatment of national products and that of products which, under Articles 9 and 10 of the Treaty, must be admitted for free movement, as regards laws, regulations or administrative provisions prohibiting the use of the said products and prescribing the use of national products or making such use subject ...
The European Union adopts legislation through a variety of legislative procedures. The procedure used for a given legislative proposal depends on the policy area in question. Most legislation needs to be proposed by the European Commission and approved by the Council of the European Union and European Parliament to become law.
Legal Acts of the European Union are laws which are adopted by the Institutions of the European Union in order to exercise the powers given to them by the EU Treaties. They come in five forms: regulations, directives, decisions, recommendations and opinions.
The landmark judgments on the direct effect of Directives are Van Duyn v Home Office, [8] which established vertical direct effect of Directives, and Marshall v Southampton Health Authority, [9] which established that there is no horizontal direct effect of unimplemented directives. The horizontal direct effect of Directives is a contentious issue.
Directives occur when a decision at an EU level is used to direct member state governments on what to do. Directives specify the results to be achieved and the deadline within which to achieve them, but form and methods of implementation are left at the discretion of member states.
The indirect effect arises from the failure of a member state to implement a directive—either correctly or at all—but where the direct effect cannot apply because the party against whom the directive is sought to be enforced is a private entity or otherwise fails to meet the conditions which would give the directive direct effect.