Art 288 Treaty on the Functioning of the EU (TFEU) provides as follows,
“To exercise the Union’s competences, the institutions shall adopt regulations, directives…
A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States.
A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.”
it is worth noting that that a directive is binding upon the Member State but it is for the Member state to give effect to the directive in its national law by process known as transposition. National measures are required to be adopted for the process of transposition to be complete.
That can be important, especially for our purposes if it is said that the transposition is inadequate