Directives in EC law

Law of Europe > Regional organization and integration (Europe) > The European Communities. Community law > Theory and methodology of uniform law development. Integration of law > Sources of community law

Edition Details

Creator or Attribution (Responsibility): Sacha Prechal
Biografical Information: Sacha Prechal is Professor of International and European Institutional Law, University of Utrecht Faculty of Law.
Language: English
Publication Information: Oxford ; New York : Oxford University Press, 2005
Publication Type (Medium): Sources
Material: Internet resource
Type: Book, Internet Resource
Other titles: Directives in European Community law
Series title: Oxford EC law library.
Permalink: http://books.lawlegal.eu/directives-in-ec-law/ (Stable identifier)

Short Description

XXXIV, 349 pages ; 24 cm.

Purpose and Intended Audience

Useful for students learning an area of law, Directives in EC law is also useful for lawyers seeking to apply the law to issues arising in practice.

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Bibliographic information

Publisher: Oxford University Press
Responsable Person: Sacha Prechal.
Number of Editions: 26 editions
First edition Date: 2004
Last edition Date: 2009
Languages: English
Library of Congress Code: KJE964
ISBN: 0198268327 9780198268321
OCLC: 56807067

Main Contents

Introduction
Directives as binding instruments of legislative action
On the content of directives
The addressees of a directive
Implementation of directives
Directives as sources of rights
The role of national courts
Consistent interpretation
Direct effect of directives
Liability of the state in cases of inadequate implementation of directives
Drawing the lines together.

Summary Note

Offers an exposition of EC Directives, individual rights, and the protection of those rights in national courts. The author's empirical argument is supported by discussion of doctrine and theory. The prospects of Directives in the light of the nascent European Constitution are also discussed in this book.

Contents
Table of Cases XV
Abbreviations XXXI
1 Introduction 1
1.1 Controversies about directives 1
1.2 Functions of directives within the EC Treaty 3
1.3 The implementation process and the types of non-compliance 5
1.4 Directives in the Court's case law: two levels, four lines and several questions 8
1.5 What is the rest of this book about? 11
2 Directives as binding instruments of legislative action 13
2.1 The main characteristics 13
2.2 Article 249(3): the basis of Member States' obligations 16
2.3 The obligation to implement the directive in due time: the relevance of deadlines 18
2.4 The rigour of the obligation to implement the directive in due time 23
2.5 Delays in implementation, retroactive legislation and transitory measures 28
2.6 The obligation to implement the directive correctly: a preliminary inquiry 31
2.7 An end to the obligations? 36
3 On the content of directives 40
3.1 Introduction 40
3.2 Different types of provisions which a directive may contain 41
3.3 The result to be achieved: in law and in fact 51
4 The addressees of a directive 55
4.1 No obligations for individuals 55
4.2 The concept of 'the State' 57
4.3 The actual addressees of a directive 61
4.4 Administrative compliance 64
5 Implementation of directives 71
5.1 The freedom with respect to form and methods 71
5.2 The content of the measures implementing the directive 74
5.3 The nature of the implementing measures 79
5.4 The application and enforcement of directives and the requirements resulting therefrom for implementing measures 85
6 Directives as sources of rights 90
6.1 The place of directives within the national legal system 90
6.2 Directives as (Indirect) sources of rights and duties of individuals 93
6.3 The conception of rights: the ambiguities 94
6.4 Rights for individuals: parameters in the Court's case law? 107
7 The role of national courts 125
7.1 National judge made accomplice 125
7.2 Judicial protection under national law and Community law requirements 128
7.3 The shortcomings of the system and the Court's responses 139
7.4 Problems of the third generation 161
8 Consistent interpretation 170
8.1 The context 171
8.2 The scope of consistent interpretation: the resolved issues 173
8.3 Consistent interpretation within the context of judicial implementation of directives 176
8.4 Consistent interpretation and inadequately transposed directives: remedial interpretation 179
8.5 Limits to consistent interpretation 182
8.6 Effects of consistent interpretation 196
9 Direct effect of directives 202
9.1 Introduction: a glance at past discussions 202
9.2 Basis of direct effect of directives 204
9.3 Content of the concept of direct effect of directives 211
9.4 Conditions for direct effect of directives 224
9.5 Limits to direct effect of directives 234
10 Liability of the State in cases of inadequate implementation of directives 251
10.1 Liability before Francovich 251
10.2 The principle of State liability as a matter of community law 254
10.3 Liability for breach of Article 249(3): types of breaches 257
10.4 Community law conditions for liability 259
10.5 State liability and the context of national law 269
10.6 Liability of the State: a tailpiece to effective judicial protection 277
11 Drawing the lines together 281
11.1 Introduction 281
11.2 Article 249(3): reinforcing the binding force 281
11.3 The weakness: general validity with a reservation 283
11.4 Central enforcement and decentralized enforcement: an interaction 285
11.5 Direct effect, consistent interpretation, State liability and their mutual relationship 286
11.6 Common preliminary issues, options for the domestic court as tail piece 290
11.7 Semi-concealed incursions in national autonomy 292
11.8 An outlook for the future 295
Bibliography 297
Index 000

Directives in EC law

Directives in EC law