Research Of Effectiveness In Advance Of EU Directives

EU directives,as EU legislation derived legislation system,play a unique role in the European legal integration process.Effectiveness in advance of EU directives plays an important role in the country's transformation process.In this paper,through case study sort out and analyze and summarize the impact of the EU directive for European legal integration.This paper is divided into four parts:The first part describes the system of directive effectiveness system.The effectiveness system is determined by three parts: effectiveness of transformation,directly applicable effectiveness and the effectiveness in advance.The effectiveness in advance of directives has its particularity,controversial point is the range of the effectiveness in advance.In addition,because of the special nature of the EU legislative process,the effectiveness in advance is divided into two parts in two different stages,the problem is to show the effectiveness in advance in these two different stages.The second part discusses the impact of effectiveness in advance on the legislation of Member States.Before the effective date,when the content is specific and consistent with the premise of the principle of proportionality,the Member States bear the obligation of tolerance;after the effective date before the transformation,member States at this stage is to undertake a fundamental breach of the obligation ban,with particular emphasis on the effectiveness of pre-instruction beforehand punishment function.The third part of the study focuses on the impact of the effectiveness in advance of directives on the justice of Member States.In this paper,the iconic case Adeneler case centered on a detailed analysis of the legal judgment,and the judgment on the basis of different comments,the impact on justice should be consist with the impact on legislation.the fourth part discusses the EU Directive and its impact on integration of EU law.Instrumental and functionalist characteristics possessed by the EU directive has penetrated the effectiveness continue to be enhanced.It promotes the coordination and harmonization of EU-law on one hand;it also results in a decomposition of the member States legal system on the other hand.