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The Council of Ministers and the Commission, and the European Parliament acting jointly with the Council, are empowered to issue directives in order to carry out their tasks. Directives set out the reasoning on which they are based, refer to any proposals or opinions obtained, and set out the results to be achieved. They take effect when notified to the member states to whom they are addressed. Notification creates a binding obligation on the member states concerned to give effect to the directive by whatever form or method they consider appropriate¹. However, this general principle is subject to a number of qualifications.

Firstly, the terms of a directive may give member states power to adapt certain principles to meet national requirements², or not to introduce them at all³. A directive may also allow member states to maintain measures in force at a specified date⁴. Where this discretion is exercised, national courts have a duty to determine whether the national legislation falls outside the margin of discretion