OBLIGAŢIA JURIDICĂ A STATELOR MEMBRE ALE UNIUNII EUROPENE DE TRANSPUNERE ÎN DREPTUL INTERN A DIRECTIVELOR EUROPENE. CONSIDERAŢII GENERALE
THE LEGAL OBLIGATION OF THE MEMBER STATES OF THE EUROPEAN UNION TO TRANSPOSE EUROPEAN DIRECTIVES INTO NATIONAL LAW. GENERAL CONSIDERATIONS

Summary/Abstract: The Treaty on the functioning of the European Union establishes the legal obligation for member states to transpose european directives into national law. The directive is (together with regulations, decisions, recommendations and opinions) one of the legal acts adopted by the european institutions. A legal instrument that is part of the secondary legislation of the European Union adopted by the European Parliament and the Council of the European Union on the basis and in accordance with the Treaties of the Union, the directive is binding on each member state to which it is addressed, with regard to the result to be achieved - the competence with regard to the form, means and modalities by which the member states are able to achieve this result being left entirely to the national authorities.The directives are adopted by the European Parliament and by the Council of the European Union through legislative procedure, based on proposals from the European Commission. If the European Commission finds that a member state of the European Union fails to fulfill its obligations under european law, initiate court proceedings and adopt infringement decisions. It is more than necessary for the member states of the European Union to put in place, in due time and in an appropriate manner, all the legal measures necessary for the implementation of thelaws, regulations and administrative provisions necessary to comply with european directives.

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