The binding force of directives as instruments of legislative action : an analysis of Article 288 of the TFEU

Abstract

European Union Secondary laws are binding instruments that are a key part of the legislative system of the EU. Article 288 on the Treaty on the Functioning of the European Union is analysed in this work, specifically an examination of directives and how this instrument is applied in a practical scenario. This Term Paper aims to provide a critical analysis of the binding force of directives, mainly by breaking down the binding principles of these instruments. The direct effect, for example is such principle of directives and is examined in detail, thus giving a clear explanation of how the European Court of Justice applied directives in a Judicial setting. Moreover, this Work’s intention is to provide the reader with a clear view of how directives are transposed into National law, and how such transposition is done by different domestic institutions and structures. The latter process is examined on a step by step basis to create a behind the scene perspective, thus giving the reader a clear perspective of how both the European and National entities work to introduce, approve, transpose and implement the proposed European Act. Hence, a comprehensive assessment of the “legislative action” from the title of this Term Paper. A more detailed synopsis is given in the following introduction, as a more detailed break down of the work is given, with reference to the Judgements used and also the case study that is to be used as an example.