What discretion does a directive give to a Member State?
A) The Member State can decide whether to implement the directive or not.
B) The Member State may select provisions of a directive which they wish to implement whilst ignoring the provisions which they consider as contrary to the national interest.
C) The Member State can decide which form the implementation of the directive may take and whether any implementing measures are necessary. Accordingly in some circumstance a Member State may do nothing.

Question

Quizplus · Accepted Answer

Directives are a legislative act of the European Union that sets out a goal that all EU countries must achieve. However, it is up to the individual countries to devise their own laws on how to reach these goals. This means that while the directive sets out what must be achieved, it allows Member States the discretion to choose how to achieve it, including the form and methods of implementation. This can sometimes mean that no action is required if existing national legislation already achieves the directive's goals.

What Discretion Does a Directive Give to a Member State