Control by the administrative judge of the implementation of the european directives

• Main Author: Charlotte Denizeau
• Format: Article
• Language: English
• Published: Pravni fakultet Sveučilišta u Splitu 2013-01-01
• Series: Zbornik Radova Pravnog Fakulteta u Splitu
• Subjects: EU directives; administrative judge; control
• Online Access: http://hrcak.srce.hr/file/152559

Directives, together with provisions, are the most significant European Union legal act and they are binding in the results which are achieved by them. However, the choice of form and method of implementation is left up to national powers (law, sub-legal acts etc). The issue of their inclusion arises in legal administrative action and the control of their application in administrative adjudication. Pursuant to article 88 of the Treaty on the Functioning of the European Union, directives are binding concerning the results that need to be achieved for every member state at which they are directed. The choice of form and method of achieving those results are left up to national bodies. “The issue of implementing directives implies two questions: what is the nature of the act for implementing directives and what is the role of the administrative judge in the application of European directives?”