EU DIRECTIVES AND DIRECT EFFECT OF IT

[mahmut68]

Dear colleagues,

I am trying to learn some about the UE Law. When I study the directives I coincided two statements that seemed to me contradictory. The two statements are quoted below:

First statement: -The Court of Justice ......has determined that ......the Community citizen can plead that the Directive has direct effect in actions in the national courts to secure the rights conferred by it. Direct effect is defined by the Court as follows:

• the provisions of the Directive or ECSC recommendation must lay down the rights of the EU citizen/firm with
sufficient clarity and precision;
• the alleged rights are not conditional;
• the national authorities may not be given any room for manoeuvre regarding the content of the rules to be
enacted;
• the time allowed for implementation of the Directive/ECSC recommendation has expired.

Second statement: Nevertheless, once the period allowed for transposition has expired, the Directives acquire full legal force and effect in that all State bodies are obliged to interpret and apply national law in accordance with the Directives
(‘interpretation in line with Community law’).

In the whole passage, it is explained that, normally, Directives has no direct effect on the national level. When the states translate them into their legal system they effect the citizens. However, in the first quotation, it is said that if the states does not fulfil their obligation arising from the directive in question, then, they are regarded as violating the Community Law. This does not protected by the Law, and individuals can plead against the state that the directive has direct effect in actios brought before the national courts. One of the conditions for this is that the time ALLOWED FOR IMPLEMENTATION OF THE DIREVTIVE HAS EXPIRED.

In other words, individuals can not apply national court to recognize the direct effect of the directive before the period given to the states has expired. Am I right in interpreting what is explained in the first passage? However, when I read the second quotation above I am confused because it says that after the time allowed passes national bodies must act in the way that directive says. When the first passage is read it is understood that the direct effect is only possible if it is brought before the court and if it meets the four conditions stated above. And it can not be brought before the court before the time allowed has expired.

How do you dispel this confusion.

Thank you in advance.