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Distinguish between a ‘Directive’ and a ‘Regulation’ as legislative instruments within the EU. - Leaving Cert Business - Question 9 - 2013
Question 9
Distinguish between a ‘Directive’ and a ‘Regulation’ as legislative instruments within the EU.
Worked Solution & Example Answer:Distinguish between a ‘Directive’ and a ‘Regulation’ as legislative instruments within the EU. - Leaving Cert Business - Question 9 - 2013
Step 1
Directive
Answer
An EU Directive is a legal instrument used to implement and enforce an EU law in member states. It requires member states to amend their national laws to comply with EU rules within a specified timeframe.
Directives are binding concerning the results to be achieved, but they allow member states the flexibility to choose how to implement these goals. States must reach the prescribed limits and targets specified in the Directive, giving them autonomy in choosing the means to achieve compliance.
Step 2
Regulation
Answer
An EU Regulation is a legislative act of the EU that becomes enforceable immediately within all member states. Unlike Directives, Regulations do not require national implementation; they are applicable in their entirety as law in each member state simultaneously.
Regulations take precedence over national laws. They are self-executing, meaning they do not require further implementing measures from member states. EU institutions can enforce Regulations throughout the EU, ensuring uniform compliance.