european-union tfeu community-law eu-law
When an EU directive is repealed, what happens to member state law?
<p>It's my understanding that when the EU make a directive, member states then <a href="https://en.wikipedia.org/wiki/Transposition_(law)" rel="nofollow noreferrer">transpose</a> it into force, usually with legislation. But what happens when an EU directive is repealed?</p>

<p>Do member state laws also get repealed automatically? Or is it up to the member state to choose what they do, if anything? And in practice, is there a case that <em>usually</em> happens?</p>

<p>The point of directives is that they concern areas of law where the EU does not legislate directly.  They create a requirement that member states must achieve through their own legislation.  In the <a href="https://europa.eu/european-union/eu-law/legal-acts_en" rel="nofollow noreferrer">EU's own words</a></p>

<blockquote>
  <p>A "directive" is a legislative act that sets out a goal that all EU countries must achieve.</p>
</blockquote>

<p>Were a directive to be repealed, it would remove a constraint on national law.  That would not automatically lead to a repeal of national law.  Of course, national law itself could have a provision effecting the automatic repeal, but that might be problematic because most repeals seem actually to be modifications or recodifications, where national legislatures might be better off amending their transposing legislation rather than replacing it.</p>
