Implementing directive

This legally binding act of the European Union establishes a set of objectives which all member states of the European Union must fulfil. The member states are free to choose the manner they see fit to fulfil the required objectives.

Implementing directives are, however, bound by strict limits as implementing acts are meant to further the implementation of existing legal acts and the mandate within which implementing acts are issued tend to be narrowly defined.

Area of application

Implementing directives need to be transposed into national legislation and as such, have no direct effect. Contrary to directives¹, implementing directives do not give member states much room for interpretation as the objectives of an implementing directive are narrowly set within the framework of the legislation it aims to further implement. As a rule implementing acts are laid down in implementing regulations² and implementing decisions³ as these are better suited to work out the details of EU legislation and to ensure more uniform implementation of these acts.

Implementing directives can only be issued when European legislation stipulates further measures are called for to ensure proper implementation of said legislation by the member states. As such implementing directives always address detailed and often highly technical issues that carry little political weight.

Legal entities cannot make direct appeals to implementing directives in a court of law. However, private parties can invoke implementing directives when national governments failed to adhere to the deadline for transposing an implementing directive and that states' current legislation conflicts with the goals set out in the implementing directive.

Adopting implementing directives

The EU has two procedures by means of which implementing directives can be established. In both procedures the Commission initiates and ultimately decides on implementing directives. A committee of representatives of the member states can either advise on or has to approve of implementing directives.

Implementing directives in the field of common foreign and defence policy are initiated and decided upon by the Council.

The implementing regulation is based on the Treaty on the functioning of the European Union (TfEU).

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  instrument: part six TfEU title 1 chapter 2 section 1 art. 291

• 1. 

  This legally binding act of the European Union establishes a set of objectives which all member states of the European Union must fulfil. The member states are required to implement directives. The member states are free to choose the manner they see fit to fulfil the required objectives.
   
• 2. 

  This legally binding act of the European Union is directly applicable in all member states of the European Union, akin to national legislation. Implementing regulations take precedent over national legislation in case the two contradict one another.
   
• 3. 

  This legally binding act of the European Union is directly applicable in all member states of the EU. Implementing decisions can address specific legal entities, in which case it is binding only to them.
   
• 4. 

  The European Union has a number of legal instruments to its disposal. These are used to make or coordinate policies, to take measures and initiate programme's, to facilitate the implementation of policies and to issue advice to member states. Legal instruments are divided into two categories, binding and non-binding instruments. Legal instruments specifically in place for implementing EU acts are binding, but have been put in a final, third section.