Showing papers on "Directive published in 1990"

The Medical Directive

Abstract: To the Editor.— We were disappointed by the article entitled "The Medical Directive: A New Comprehensive Advance Care Document" 1 for three reasons: (1) it states assumptions about the underuse of current advance directives that are not substantiated by any data, (2) it ignores standard methods for developing and testing new instruments, and (3) it claims to reduce uncertainty by using a complicated form that itself contains a great deal of uncertainty. In a recent JAMA editorial, Dr Pelligrino 2 wrote of the "unsubstantiated assumptions" that had often been made when ethics research was carried out only in libraries. Drs Emanuel and Emanuel seem to continue this unfortunate tradition with their Medical Directive. First, the authors assume that the living will and durable power of attorney for health care are underused, in part, because of "linguistic vagueness," the lack of a "range of possible clinical circumstances," and the lack of

Improving advance directives for healthy older people.

Abstract: The quality and quantity of advance directives for healthy older people need to increase Quality will improve with literal interpretations of do-not-resuscitate orders and more comprehensive directives Changing the term "DNR" to "No ACLS (Advanced Cardiac Life Support)" should discourage health-care providers from subsuming other limitations under the directive to withhold resuscitation Other aggressive medical and surgical interventions should be prospectively considered in addition to resuscitation The quantity of advance directives will increase when physicians feel motivated to devote time and expertise to thorough discussions of advance directives Although education and legislation will motivate physicians to some extent, their roles are limited Fair reimbursement for this primary-care service is the most effective motive The initial investment by Medicare may save large sums in the long run by reducing expensive, undesired care for older people

UK implementation of the European Directive on EIA

Abstract: The results of a qualitative analysis of the implementation of the European directive on environmental impact assessment through the UK planning regulations reveal a confused picture. The spirit of the Directive demands participatory avoidance or mitigation of environmental problems from certain proposed projects prior to making a decision on whether or not to permit them to proceed. The letter of the Directive has been met in the wording of the planning regulations, but problems in interpreting the Department of the Environment's criteria for the selection of projects for assessment have been experienced. The letter of the regulations has sometimes not been followed either in preparing environmental statements or in their appraisal by local planning authorities. Remedial steps need to be taken to ensure observance of the letter of the regulations, and further steps to ensure that the spirit of the

The Medical Directive

Abstract: To the Editor.— Drs Emanuel and Emanuel 1 have proposed a new medical directive that attempts to combine all aspects of terminal care in a single document. The Medical Directive has been proposed as an answer to limitations of the living will. The authors cite the rarity with which the living will is used in clinical practice, potential vagueness in terminology that could lead to problems of interpretation, and the fact that many patients sign living wills without involving their physicians. The proposed medical directive certainly goes some distance to ensure specificity in the signer's instructions, but it is difficult to see how such a document would solve the major problem—that the majority of people today simply do not make advance provision for health care decision making. If anything, the complexity of the proposed replacement could further discourage wide use. Our experience as a patient advocacy organization confirms the fact

The European Community's Policy on Implementation of Environmental Directives

Abstract: This Article first discusses the legal nature of the directive and the process by which Member States implement directives. Second, this Article explores enforcement of directives and examines the enforcement roles of the Commission of the European Communities and the Court of Justice of the European Communities. Finally this Article proposes a series of initiatives at the Member State and Community levels to improve implementation and enforcement of Community environmental law. THE EUROPEAN COMMUNITY'S POLICY ON IMPLEMENTATION OF ENVIRONMENTAL DIRECTIVESt

Changing Rules, Enduring Structures

Abstract: EC Directive 79/7' requires Member States to implement equal treatment between men and women in social security. It was adopted in 1978 and came into force in December 1984. The United Kingdom (UK) Government acted promptly to implement its provisions. Even before it was adopted, the Government requested a departmental team to investigate how it should be implemented. Most of the legislation the Government considered necessary to comply with the Directive was put in place in 1980. This was given effect by subordinate legislation in 1983. The Goverment's timing was therefore exemplary. Arguably, however, effective compliance requires more than punctuality and procedural propriety. It also requires certain standards to be achieved in the way a directive is implemented. This paper therefore looks at the way Directive 79/7 was implemented in order to assess whether quality of implementation was achieved. It concludes that the UK Government's performance was not quite so exemplary in this respect.

The Products Liability Directive: A Mandatory Development Risks Defense

Abstract: This Note argues that the optional inclusion of the development risks defense in Member State legislation undermines the Products Liability Directive by impeding harmonization of products liability laws in the Community. Part I sets forth the background and content of the Products Liability Directive. Part II discusses the implementation of the Products Liability Directive in Member State legislation. Part III argues that the optional nature of the development risks defense undermines the intent of the Directive. This Note concludes that the development risks defense should be mandatory in order to establish uniform products liability laws in the Member States.

A general duty to supply only safe goods in the community: Some remarks from a British perspective

Abstract: On 20 April 1989, the Commission issued COM (89) 162, which is a proposal for a Directive designed to establish a Community legal framework to guarantee product safety. Such a regime would have the dual aim of securing free trade while also maintaining effective consumer protection. This paper demonstrates the vital role which would be played by standards in such a framework and explains how Community law can prevent a Member State adopting a purely domestic approach to standards of safety and quality. The paper investigates the extent to which the United Kingdom's statutory general requirement to supply only safe goods, introduced in 1987, constitutes a model for a parallel Community initiative. The paper concludes by emphasising that the twin goals of free trade and consumer protection can only be achieved through a proper resource commitment to effective standards-making.

The single-market engineer

Abstract: Standardizing the multitude of professional standards and degrees to enable professionals to work in any European Community (EC) member state, which remains one of the EC's greatest challenges, is discussed. To address these issues for engineers, the EC asked the European Federation of National Engineering Associations (Feani) to coordinate talks aimed at achieving a consensus within the engineering community for a proposed special directive for engineers that would set a minimum professional standard. The special directive will directly affect only engineers who require government licenses to work, such as civil engineers and safety engineers. It will affect other engineers, however, because European companies will likely use the directive as a reference in hiring and training engineers. Aside from certification, supply and demand as well as wages and benefits (all of which vary from country to country) will be factors in labor mobility. >

Capital requirements and investor protection: an international perspective

Abstract: The authors argue against the need for capital adequacy requirements in the regulation of investment management because the main cause of failure is fraud or irregular dealing. The European Commission, in its investment services directive, has various aims but its detailed suggestions will not achieve them. The liberal US regulations seem to be the most appropriate but the EC proposals for stricter capital requirements will be pushing the UK system in the wrong direction.

The “New Approach” construction products directive: Its longer‐term implications for European architects and structural designers

Abstract: Outlines the implications of the EC Directive on Construction Products brought into operation in June 1981, with special attention to its implications for design practitioners. Refers to essential requirements for safety, health, etc., the status of Eurocodes, European Standards and the EC Conformity Mark, European Technical Approvals and the effects of different national traditions in building regulation. Discusses the short‐and‐long term implications for those working in the private sector and on public work.

The Medical Directive-Reply

Abstract: In Reply.— We welcome the endorsement that the Medical Directive "nicely summarizes the important clinical and therapeutic possibilities that may occur in the terminal care scenario" from representatives of the Society for the Right to Die. Regarding Ms Nobel and Dr Ahronheim's claim that the Medical Directive will not address the problem of underuse of advance care documents, we contend that the Medical Directive offers a better document that will raise interest and confidence and, thereby, use of such directives. Furthermore, in our article, we urge physicians to discuss the Medical Directive with patients during an office visit. We also suggest that Medicare and health insurance companies provide a one-time reimbursement to physicians for each patient with whom the physician discusses the Medical Directive. Finally, Ms Nobel and Dr Ahronheim should not confuse the issue regarding the legality of the Medical Directive. Use of the Medical Directive wouldnotrequire

The EEC Directive on the Legal Protection of Computer Programs and U.S. Copyright Law: Should Copyright Law Permit Reverse Engineering of Computer Programs?

Abstract: This Note compares the reverse engineering exception in the Directive with U.S. copyright law. Part I sets forth the background of copyright law for computer software, with emphasis on the act of reverse engineering. Part II charts the evolution of the reverse engineering exception in the Directive, and the debate that this exception has spurred. Part III compares the Directive’s reverse engineering exception with the U.S. copyright law that is applicable to reverse engineering. Part IV argues that U.S. law prohibits reverse engineering, and that the Community could better serve the European software industry by similarly granting broad copyright protection without a reverse engineering exception. This Note concludes that the inclusion in the Directive of an exception permitting unauthorized reverse engineering is misguided. Instead, Community legislation should confer broad copyright protection to the rightholder THE EEC DIRECTIVE ON THE LEGAL PROTECTION OF COMPUTER PROGRAMS AND U.S. COPYRIGHT LAW: SHOULD COPYRIGHT LAW PERMIT REVERSE ENGINEERING OF COMPUTER PROGRAMS?