įor example, while EU Directive 2009/20/EC (which simply requires all vessels visiting EU ports to have P&I cover) could have been a regulation (without requiring member states to implement the directive), the desire for subsidiarity was paramount, so a directive was the chosen vehicle. There are justifications for using a directive rather than a regulation: (i) it complies with the EU's desire for "subsidiarity" (ii) it acknowledges that different member States have different legal systems, legal traditions and legal processes and (iii) each Member State has leeway to choose its own statutory wording, rather than accepting the Brussels' official " Eurospeak" terminology. The draft is presented to the Parliament and the Council-composed of relevant ministers of member governments, initially for evaluation and comment and then subsequently for approval or rejection. 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. Directives can be adopted by means of a variety of legislative procedures depending on their subject matter.
Directives normally leave member states with a certain amount of leeway as to the exact rules to be adopted. A directive's goals have to be made the goals of one or more new or changed national laws by the member states before this legislation applies to individuals residing in the member states. It is not to be confused with negotiating directives in EU foreign policy.Ī directive is a legal act of the European Union that requires member states to achieve particular goals without dictating how the member states achieve those goals.
This article is about directives for EU member-state legislation.
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