European Law is a supranational body of law that finds its primary source on the Treaties (TEU and TFEU) between its 28 member states, establishing the framework in which the different EU institutions operate.
One step below the Treaties are found Regulations, Directives and Decisions, that are instruments of hard law produced by the European Institutions and directed to member states or to particulars.
At a lower level are instead set the soft law instruments, that are not binding but that consist into mere recommendations on EU law subjects.
The particular features of Directives
If Regulations and Decisions are meant to have a direct application into member states, Directives, instead, require a process of implementation by the domestic authorities, due to their characteristics.
Directives, in fact, just bind the national authorities to pursue a certain objective in more or less generic terms, establishing a timetable and leaving to the State the choice of the best domestic law instrument to achieve it.
The Treaties establish a procedure of infringement for those States that won’t comply with what is set in the EU Directives, which could lead to the application of heavy sanctions.
Navas & Cusi Lawyers, through its team of expert lawyers, offers specialized legal advice in matters concerning EU Law and its interpretation.
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