Legal effect of EU directives : the way forward

Abstract

Eu legislation comes in different forms based on procedure and its effect i.e., the EU regulations, directives, decisions, recommendations, and opinions. In this essay, legal effect of all EU instruments is discussed briefly however direct effect of EU directives remains as focal point. Various judgement by the European Court of Justice, hereinafter the ECJ, have been discussed shortly to analyse the legal principles of EU law in the light of decided case laws by the ECJ. The study of EU law instruments and their relevant provisions was conducted mostly online with the kind assistance and continuous support by mentor of the author. The supremacy and effectiveness of EU law is in the foundation of European Community and the ECJ as well as all other institutions of EU are working by day and night to keep the union’s flag high by way of protecting the rights as well as obligations of member states and their citizens. Treaty on Functioning of European Union forms basis of all legal instruments by way of different relevant articles. There is no hierarchy between all these instruments, they are equally important. The regulations are not superior to the directives or vice versa, however they might be inter-connected to each other in terms of their effect or interpretation. The main forms of the instruments namely the regulations, directives, and decisions can be of legislative, delegative or implementing acts and do not change their nature. Article 296 TFEU, provides rules regarding nature or type of instruments to be adopted shall be specified in the treaties and in case of absence of such instructions the institutions will decide case by case. The preceding article emphasizes on giving reason why the act is being adopted to be given by the enacted body. Before discussing the direct effect of EU directives, the author prefers to shed light on legal effects of each legal instrument of EU law.