The Directive - an important source of European Union law with the role of harmonizing the national legislations of the member states. Cover Image

Directiva - izvor important al dreptului Uniunii Europene cu rol de armonizare a legislațiilor naționale ale statelor membre
The Directive - an important source of European Union law with the role of harmonizing the national legislations of the member states.

Author(s): Mihaela Augustina Niță
Subject(s): International Law, EU-Legislation, Comparative Law
Published by: Consiliul Legislativ al României
Keywords: directive; direct effect; indirect effect; European Court of Justice; hierarchy; EU law;

Summary/Abstract: This article explores the EU directive as a fundamental source of EU law, examining its characteristics, and also its direct and indirect effects. Directives play a crucial role in harmonizing national legislations and promoting legal coherence within the European Union. Additionally, the article discusses the indirect effect of directives, which requires member states to interpret and apply their national laws in line with the objectives of the relevant directive. This principle fosters consistency and alignment between national legislation and EU law, even in the absence of explicit provisions in the national legal framework. The article also refers to the significant case law of the European Court of Justice, illustrating the application of the direct and indirect effects of directives in specific legal disputes. These landmark cases demonstrate the Court's role in interpreting and clarifying the scope and implications of the direct and indirect effects, further shaping the legal landscape of EU law.Overall, the EU directive serves as a vital instrument for the development and enforcement of EU law. It empowers individuals, harmonizes national legal systems, and contributes to legal consistency and the protection of individual rights within the European Union.

  • Issue Year: 1/2024
  • Issue No: 1
  • Page Range: 36-49
  • Page Count: 13
  • Language: Romanian