In the case of the implementation of a directive into the internal legal order of a Member State, the existence of a practice consistent with the objectives of protection referred to by the directive cannot relieve a Member State of the obligation to transpose that directive by provisions appropriate for the purpose of creating a situation which is sufficiently precise, clear and transparent in order to enable individuals to know their rights and their obligations. In order to ensure the full application of directives, not only in fact but also in law, the Member States must provide for a precise statutory framework in the sector in question. Thus, a provision of a directive which requires national authorities to act in a specified manner cannot be regarded as properly transposed where the Member State in question has not adopted any specific measures for implementing the provision and has confined itself to affirming that that conduct resulted generally from the application of the rules of good management which its administrative authorities are required to observe.
Citations:
C-366/89, [1993] EUECJ C-366/89
Links:
Jurisdiction:
European
European
Updated: 21 June 2022; Ref: scu.160391