UDC 34(4-672EU) 340.137(4-672EU)
Biblid: 1451-3188, 20 (2021)
Vol. 20, No 75, pp. 53-71
DOI: https://doi.org/10.18485/iipe_ez.2021.20.75.4

Review
Received: 17 Mar 2021
Accepted: 17 May 2021

DIRECTIVES IN THE LEGAL SYSTEM OF THE EUROPEAN UNION AND THEIR TRANSPOSITION INTO THE INTERNAL LEGAL SYSTEMS OF THE MEMBER STATES

TODIĆ Dragoljub (Institut za međunarodnu politiku i privredu, Beograd), dtodic@ymail.com
TINTOR Ljubomir (Student doktorskih studija na Pravnom fakultetu Univerziteta u Beogradu, stipendista Ministarstva prosvete, nauke i tehnološkog razvoja RS), ljubomir.tintor@yahoo.com

The main goal of this paper is to examine the manner in which the place and role of the Directives are regulated in the legal system of the European Union (EU) in the context of the obligation of their transposition into the internal legal systems of the Member States. The paper discusses the hypothesis that the transposition of directives is not clearly regulated, and in some elements leaves room for different interpretations and implementation, including non-compliance with the norms of the directive. The analysis is based on the content of Article 288 of the Treaty on the Functioning of the European Union (TFEU), as well as other relevant provisions of this Treaty and the Treaty on the European Union. Starting from the specificities of the Directives as sources of law, the key elements important for understanding the obligation of their transposition into domestic legal systems are discussed (the concept and meaning of “transposition”, purpose, the competence of EU bodies, “result to be achieved”, the method of transposition, deadlines for transposition, reporting obligation to the Commission, etc.). The practice of some Member States, as well as various theoretical approaches and difficulties in the process of Directives’ transposition, are pointed out. The conclusion states that the transposition of directives into internal legal systems is a systemic issue that should be more precisely regulated having in mind several factors (competencies of this organisation, manner of adopting Directives, their implementation and control over compliance, specificities of the Member States’ legal systems in which Directives are transposed, etc.).

Keywords: European Union, EU Directives, transposition of Directives, harmonisation of internal legislation, application of EU legislation, CJEU, candidate countries