Unlike regulations, directives are not directly applicable within the legal orders of the Member States, cf. Article 288(3) TFEU (Article 249(3) TEC(A), Article 189(3) TEEC). Directives are, nonetheless, a legal instrument for vesting individuals with rights. In order to equip individuals with rights via directives, however, each Member State must follow up the EU legislative initiatives with
... [Show full abstract] provisions that are binding on the courts in the domestic legal system. Otherwise individuals are left with no enforceable rights, unless they may point to some provision of the non-implemented directive which has ‘direct effect’. Equipping individuals with rights is, moreover, of little use if individuals are unaware of their rights. It would therefore seem reasonable that there be a line of judgments from the Court of Justice requiring provisions in directives, the end result of which entails the grant of rights, to be transposed into provisions of national law which are both binding and clear.