Question

The directive in the field of company law: a) is an instrument that is binding in regards to achieving a certain result by the member states to which it is addressed by leaving freedom to the national authorities upon the choice of the form and means to achieve this result and also the directive including a deadline for execution is able to establish a direct effect as from the date of the deadline; b) ) is an instrument that is binding in regards to achieving a certain result by the European Commission; c) is an instrument that is binding in regards to achieving a certain result by the member states; d) is an instrument that is binding in regards to achieving a certain result by the European Court of Auditors.

Answer 1

A directive in company law is an EU legal instrument that binds member states to achieve a specific outcome, allowing them to choose how to do so, and may establish direct effect from a set deadline.Therefore, the correct answer is a).

Step-by-step explanation:

The directive in the field of company law is a legal instrument issued by the European Union (EU). It is binding on member states in regards to achieving a certain result, but it affords them the flexibility to choose the form and means by which to reach this result. When it includes a deadline for implementation, the directive can establish direct effect starting from that date if the member states fail to implement it into national law. Therefore, the correct answer is a), since directives aim to harmonize legislation across member states, requiring them to achieve a specified outcome while leaving the national authorities some discretion in how to do so. This process emphasizes the rule of law, as laws should be clear, public, fair, and enforced, and applicable to all members of society.