Europos Sąjungos direktyvų perkėlimo kriterijai ir jų nevykdymo pasekmės Europos Sąjungos teisėje
Criteria of the Implementation of the EU Directives and the Consequences of their Non-Compliance according to the European Union Law

Summary/Abstract: This article investigates some special criteria of implementation of the EU directives into the national legal order and the consequences of their non-compliance, that could arise from the EU membership obligation to the European Union law. The most important acting form for the Institutions of European Union comes after the Reform treaty of Lisbon the form of the EU directive. The law-making practice of the Institution of the European Union set out with different levels of full or partial harmonization of the EU directives. Consequently, there comes the problem of the enforcement of the adopted EU directives into the domestic legal order. The article analyses the changes in European Union law after the Reform of Lisbon. The investigation begins with treatment of the general characteristic of the EU directive. After that it analyses the choice of primary legal ground for adopting of the EU directive and the consequences of its wrong choice for the legality of the EU directive. Additionally, the article investigates the following different criteria for the implementation of the EU directive as a term for the implementation of the EU directive, achievement of the result prescribed by the EU directive, clarifying the legal form for the implementation of the EU directive, necessary of the transposition of the EU directive through the national legal act, detailed legal norms in the EU directive without ability to choice the form and methods to the implementation of the EU directive, convergence tendencies between the EU directive and EU regulation, the minimal harmonization in the EU directive, permissibility of the strict national law and blocking effect of the EU directives. In the next part of the articles, the financial sanction and state liability against the EU Member State, as the consequences of the wrong implementation of EU directives, are analyzed. The purpose of the article is to develop common principles for the implementation of the European Union directives into the domestic legal order of the EU Member States. However, it is difficult to reconcile the specifications of the EU directives with the different traditions in the domestic legal orders. The investigation is concerned with selected German and Lithuanian cases from the practice of the European Court of Justice.

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