ABSTRACT

Directives are the most intriguing and challenging type of legal instrument used in European law. Binding as regards results, directives are open-ended as regards formalities. Law-making in the legal system of the EC thus largely depends on the effectiveness of results and the doctrine of direct effect ensures, under certain conditions, the possibility of safeguarding the results, that is, the rights recognized and the obligations imposed, in the directives. This doctrine implies that all EU jurists should engage in a certain type of interpretative technique committed to maximizing the effectiveness of the said results, which makes direct effect of directives the most important legal technique in Community law and a central element of contemporary European legal culture. This chapter explains how this process operates.