56That said, it must further be observed that, contrary to what seems to be suggested by both the referring court and the European Commission, Framework Decision 2008/909 has no direct effect. That is because that Framework Decision was adopted on the basis of the former third pillar of the European Union, in particular, under Article 34(2)(b) EU. That provision states, first, that framework decisions are binding on the Member States as to the result to be achieved, but leave to the national authorities the choice of form and methods, and, second, that framework decisions are not to entail direct effect.
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