directives

Question 1

Is directives effect vertical ou horizontal?

Answer 1

Since directives require state implementation, the direct effect from which can be derived is only vertical – always against the state – since the possible non-compliance with the directive is the states’ concern.

Question 2

Why do we say directives may have direct effect?

Answer 2

Since member states have the implementation period for the directive, during that period, the directive does not produce direct effect.

When the deadline has elapsed, even if the member state has not complied with the directive, an individual can derive rights from the directive – meaning it gains direct effect.

Question 3

Why do We say that DIRECTIVES are NEVER Directly applicable but MAY have Direct Effect?

Answer 3

his means that in order for a directive to be implement, a national measure of transposition is required. Hence, it is incompatible with the concept of Direct Application

Question 4

What are directives?

Answer 4

act of eu law that are set out in general terms but ust be implemented by memebrr states through the adoption of detailed measures, usually y national