EU jargon can be baffling for those not familiar with the processes and instruments. Here EPHA profiles the different instruments which form part of the policy making process. This article focuses on directives.
A directive is a legislative act of the European Union dictating either all or several Member States to reach a certain goal or/and reach a result without instructing them of the means to achieve these goals or results. It allows the Member States to decide upon the legal instruments to enact its provisions. Contrary to a regulation a directive is not immediately enforceable, it is systematically followed by implementing measures that are specific to each of the concerned Member States. Each directive specifies the date by which the national laws must be adapted – giving national authorities the room for manoeuvre within the deadlines necessary to take account of differing national situations. Domestic laws must be adapted to take into account the prescriptions of the directive (this is commonly called a “transposition”).
Directives are legally binding to the Member States concerned.
The text of a draft directive (if subject to the co-decision process, as contentious matters usually are) is prepared by the Commission after consultation with its own and national experts, using a process known as Comitology. The draft is presented to the European Parliament and the Council [of responsible Ministers of member governments], initially for evaluation and comment, then subsequently for approval or rejection.
Every directive is subject to a revision after a certain period, usually five years.
A directive is the most common legal instruments used by the EU institutions.