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Member State to which it is addressed, but shall leave to the national
authorities the choice of form and methods”. (Article 288)

- It is addressed to the Member States;
- It is to be always transposed (direct reference does not ensure real
approximation, if the content has not been adequately transposed).

The adoption of a directive represents a compromise between the need
for uniform legislation within the EU and the need to retain the diversity
of legal systems of the EU Member States. The aim of the directives is
the approximation of the national laws of the EU Member States, not the
uniÞcation of legal provisions, as is the case of the regulations.
Directives must be transposed by the Member States at prescribed time
limit (usually two years). Non-implementation of a directive by a Member
State within a prescribed time limit has twofold consequences. Following
the fulÞlment of other conditions, directive will become directly applicable
and its provisions are directly effective, meaning that an individual may
rely on them in proceedings before national courts. Furthermore, the Com-
mission may bring an action under Article 258 TFEU against the Member
State that has not transposed directive in the prescribed time limit.

The obligation to transpose directives concerns all the authorities
competent in the Þeld covered by the directive. It may include govern-
mental or local authorities as well as the judiciary.

“Member States’ obligation arising from a directive to achieve the re-
sult envisaged by the directive and their duty under Article 5 of the
Treaty [currently Article 4(3) TEU] to take all appropriate measures,
whether general or particular, to ensure the fulÞlment of that obliga-
tion, is binding on all the authorities of Member States including, for
matters within their jurisdiction, the courts”. 24

It is important to note that all directives in their formal provisions impose
on the Member State concerned an obligation to provide a list of mea-
sures which have been taken in order to implement them. This facilitates
the task of the Commission regarding the determination of conformity of
national law with EU law in the area covered by the relevant directive.

24 von Colson and Kamann v Land Nordrhein-Westfalen (Case 14/83) [1984] ECR 1891.

25