Showing papers on "Directive published in 1992"

Behind the European Works Councils Directive: The European Commission's Legislative Strategy

Abstract: The aim of the draft European works councils Directive is to bridge the gap between increasingly transnational corporate decision-making and employees' nationally-defined information and consultation rights. The proposal seeks to accommodate existing national systems of employee representation, but in the UK auxiliary measures would be needed to designate employee representatives in the absence of voluntary trade union recognition by employers. Although the Directive is strongly opposed by the UK government, the Maastricht social policy protocol has boosted its prospects of being adopted by the other 11 EC countries, with important repercussions for UK-based multinationals.

Focus on European Environmental Law

Abstract: In an attempt to clarify existing laws and provide guidance for future directions, this guide explains how best the environment can be preserved, how environmental laws can be enforced, who pays for environmental pollution and how complaints can be lodged against suspected breaches of policy. Chapters include information on the right to a healthy environment, EC environmental policy, the direct effect of EC environmental directives, the elaboration of EC environmental legislation, the enforcement of environmental law and Directive 90/313 regarding access to environmental information.

Giving Effect to European Community Directives

Abstract: Since the foundation of the European Community, the influence of European Community (EC) law on the national legal system has expanded in two ways: first, in the growth in volume and scope of the substantive law emanating from the EC's legislative institutions; and second, in the readiness of the courts of the Member States to enforce and give practical effect to those laws. Differences over substantive lawmaking have largely been played out in the political field, whereas controversy over the application and enforcement of EC law has taken place, as a result of decisions of the European Court of Justice (ECJ), mainly in the national judicial sphere. The ECJ developed the doctrine of direct effect at an early stage in its jurisprudence, to ensure that the body of law provided for in the EC Treaties would have effect in the various Member States without the need for national implementing legislation.l Through a series of cases the Court developed this doctrine and applied it to articles of the EC Treaties,2 to EC Regulations3 and, in a more limited way, to EC Directives. Direct effect means that provisions of EC law may confer rights upon individuals and are required to be directly applied by national courts at the suit of individual litigants, without the need for domestic implementing legislation.4 Article 189 of the EEC Treaty provides that Directives shall be binding as to their aim, but that the choice of form and method of their implementation remains with the Member States. Despite this provision, the ECJ nevertheless decided that Directives could be relied upon directly by litigants before national courts in certain situations.5 The Court has declared that Directives will not have direct effect where their terms are insufficiently precise or where, although clear and precise, those terms are conditional or leave some discretion to the Member States.6 The major limitation on their direct effectiveness, however, is that Directives cannot be directly enforced in a 'horizontal' situation, ie in proceedings against a private party rather than against the State.7 The case for their direct enforcement against the State appears to be based on a concept of estoppel whereby the State may not rely, as against an individual, upon its own failure to implement a Directive properly and on time.8

Divide and rule.

Abstract: The English Channel has long been the great divide in Europe, as shown in the prewar newspaper headline: FOG IN CHANNEL; CONTINENT CUT OFF The divide is not only a matter of geography, nationality, and language, but of all sorts of subtle differences in culture as well, including medical culture Little was done in the first four decades of the European Community (EC) to try to bring together the different medical cultures of member states Health care was not mentioned in any of the basic treaties, although reciprocal arrangements to provide treatment for citizens of other EC states were developed Only in the 1991 Maastricht treaty was there for the first time specific mention of the Community's role in promoting public health Title XV of the treaty, entitled Public Health, begins: "The Community contributes to the maintenance of a high level of health protection by encouraging cooperation between the member states and, if necessary, by supporting their actions" Whether any such cooperation can be further developed depends on what, if anything, can be salvaged of the Maastricht treaty now that the Danish people have rejected it by referendum Obviously some forms of cooperation already exist independent of the EC and its commission EC cooperation, on the other hand, has so far mostly been in medical research projects Yet these illustrate the Community's talent for giving confusingly mixed signals: just as the commission announced a large increase in the funds available for medical research, it also issued a draft directive on data protection that could severely curtail some areas of research There are various levels of advice, instructions, and directives that the commission may promulgate The first statement on medical research, for example, was issued in 1990 as guidelines, "Good Clinical Practice for Trials on Medicinal Products in the European Community"[1] As guidelines they have no legal force anywhere in the Community, although drug companies that do not comply with them may find it increasingly difficult to have new products licensed in member states When issued, however, it was intended that the guidelines become a directive this year As a directive they would have to be subsumed, within a limited period, into the national law of each member state There may be some hesitation, however, about giving the guidelines the force of law, perhaps related to the French experience A law to protect subjects of biomedical research that came into force in France in 1990 created several new criminal offenses, such as performing research without the subject's consent, or without prior approval by an ethics review committee[2] It has greatly increased the pressure on those committees, resulting in many resignations, including one of a whole committee …

A Question of Context: Directive Use at a Morris Team Meeting.

Abstract: Studies of speech acts such as directives and of gender and language use have rarely considered the details of the speech context. Comparing men's and women's use of directives at a dance group meeting, I find little difference in the frequency with which they direct others, the targets of their directives, or the types of directives used. Status variations within the group, although more important than gender, still fail to show the primary factors influencing the use of directives. Directive usage cannot be adequately understood without considering the specific contexts in which directives occur. Potentially face-threatening, directives are used most and expressed most strongly when another threat to conversation outweighs the threat of the directive, when the bonds between participants are strong enough to mitigate the threat, or when a high degree of involvement in a conversation renders the threat less potent and encourages the expression of solidarity and interest. (Conversation analysis, directives, gender and language use, speech acts, English)

Professional Mobility in the New Europe: the Case of Social Work

Abstract: Freedom of movement for professionals within the European Community is to be attained by means of an EC directive which visits upon member states the obligation to recognise Higher Education Diplomas awarded by other member states as equivalent to their own. The introduction and implementation of the relevant directive (89/ 48/EEC) are described, and a number of issues identified which seem likely to affect its success. In particular certain complexities, both conceptual and operational, are discussed, and it is argued that formidable obstacles must be overcome if the system is to be introduced effectively and economically. A brief history and account of the directive system follows, demonstrating why the particular approach used in directive 89/48/ EEC came into being. The implementation procedures are outlined and some further questions posed.

A multigenerational study on the correlation of values and advance directives.

Abstract: The development of the Values History instrument for use in advance directive decision making has raised the question of the importance of values in eliciting advance directives. This pilot study examines the relationship between the domains of values and advance directives drawn from the Values History in three generation intrafamily triads. Significant correlations between values and advance directives were found primarily within the youngest generation. Results reveal a relatively high familiarity by the participants of the various established forms of advance directives. Also, a significant percentage of parents and grand- parents was found to have signed some form of advance directive.

HIV-1/AIDS and U.S. Military Manpower Policy:

Abstract: On 19 March 1991 the Department of Defense released its most current Directive on Human Immunodeficiency Virus-1. Under this directive, persons with HIV-1 are excluded from recruitment. In addition, those in uniform who are or become infected may be limited in terms of assignments. This directive also details DoD policy concerning testing, safety of the blood supply, appropriate uses of information concerning those infected, efforts to control the spread of the illness, as well as arrangements pertaining to civilian authorities and employees. This article presents the status of HIV-1 infection among military personnel and discusses DoD's policy. Finally, those issues that result from or are a consideration in the formulation of this policy are analyzed.

Contents and Phases of an EIA Study

Abstract: This paper describes critically the phases which must be accomplished to carry out a Environmental Impact Assessment (EIA) procedure The main legal references which are taken into account are the Directive on EIA of the European Communities and the Italian Decree of 27/12/11988 The objective of the paper is twofold: firstly, to review the phases of an EIA study, pointing out principles and characteristics (with emphasis on the participation of the different “actors”, such as developer, authority, public and technical advisers) and, secondly, to argue the comprehensive process that should support the relating procedure Finally, features which computer aids for EIA studies should have are discussed A knowledge-based systems approach has been adopted

EC policymaking: The case of the “Television Without Frontiers” directive

Abstract: On October 3, 1989, after a 3-year itinerary fraught with political hurdles, the Council of the European Communities adopted the “Television Without Frontiers” directive whose purpose was to harmonize national laws for transnational broadcasting. This paper reviews chronologically the policymaking process of the directive from the Green Paper to the incorporation of the directive into national legislation. The directive represents an illuminating case study in EC decisionmaking because it highlights how the cooperation procedure, a significant feature of the 1987 Single European Act, altered the relationships among EC institutions and how political compromise enabled the Member States to reconcile their differences and ultimately adopt the legislation.

Personal privacy and secondary-use dilemma (social aspects of automation)

Abstract: A draft EC directive that threatens an embargo on personal information to any nation that does not satisfy its privacy requirements is discussed. The directive seeks to harmonize privacy laws to allow the free flow of personal data because many different approaches might impede economic ventures among members. A historical outline of the proscription of secondary use of personal information in the US is presented. The interpretation of the secondary use principle and two recent cases that demonstrate the wide range of disagreement on secondary use are also discussed. >

Environmental assessment for policies, plans and programmes

Abstract: Environmental Assessment (EA) has, in a formal sense, so far only been applied to individual development projects. An issue which has emerged from the various reviews of the implementation of the 1985 European Commission Directive on EA is a general view that EA as currently practised is "too little, too late". The logic for extending EA upstream to cover policies, plans and programmes (PPP) seems to be unassailable, but the practical problems associated with this are considerable. The EC hinted at its intention to extend EA to PPP as far back as 1985, and informal proposals are quite well advanced, with a "Vade Mecum" (or guide) on this having already been published and a draft directive put together in Brussels. Such proposals are also in line with the EC's Fourth Action Programme on the Environment, which seeks to tackle environmental problems at source. The paper discusses the specific aims of the EC in terms of the proposals for strategic EA, types of PPP to be assessed, procedures and the contents of "strategic environmental statements". These are also considered in the light of other international activity, such as the country reports produced for the "World Summit and Strategic EA Proposals produced by the UN Economic Commission for Europe", together with experience to date in the US, Canada, Australia and the UK. Specific reference is made to a number of examples of the application of strategic EA techniques to transport policy documents in the UK. (A) For the covering abstract of the seminar see IRRD 859645.

Practicing medicine, fiduciary trust privacy, and public moral interloping after Cruzan.

Abstract: The Supreme Court decision in Cruzan reaffirmed the power of the states to set procedural standards for due process regarding the individual's exercise of his liberty interest. As a result, to effect an autonomous decision to refuse treatment when one becomes incompetent requires an affirmative articulation by means of an advance directive. This article argues against simplified advance directives in that they fail to enhance individual liberty and responsibility and fail to provide physicians with needed information. A model protective advance directive is advocated with direction to terminate personal and health insurance payments for health care that is not desired by the patient.

Patenting Living Matter in the European Community: Diriment of the Draft Directive

Abstract: This article attempts to disentangle the mire of European patent authority and provide some picture of how the ultimate resolution of the proposed EC Directive will appear. Part I contains introductory and background materials on the biotech industry and the importance of patent protection to the future proliferation of technological innovation. Part I exposes current issues in the scientific and political realms of biotech patent law as well as the standard justifications for recognizing inventors rights, considerations that are presently shaping the debate in Europe. Part II attempts to ground the reader in the fundamentals of biotechnology patent laws as developed in the United States in order to provide a basic conceptual foundation for comparing and evaluating the bodies of European law. This section begins by introducing the basic statutory terminology before turning to a discussion of the landmark United States Supreme Court opinion in Diamond v. Chakrabarty, where the Court held that genetically altered living matter may be patented.8 The remainder of the section traces the legal developments spawned by the Chakrabarty decision. Part III begins with an introduction of the various bodies purporting to govern patent rights in Europe and attempts to resolve the supremacy issues among them. Attention then shifts to the proposed Council Directive on biotech patents: the procedures for its adoption, the political forces shaping the debate of life patents in Europe, and the important proposals for amending the original draft. Finally, this article will speculate on the ultimate resolution of the Draft Directive as a united system of patent laws for the European Community Member States. PATENTING LIVING MATTER IN THE EUROPEAN COMMUNITY: DIRIMENT OF THE DRAFT DIRECTIVE David G. Scalise* Daniel Nugent**

The EEC Directive on EIA and its Implementation in the EC Member States

Abstract: The following paper is predominantly based on a study carried out by the authors in 1988 on behalf of the German Federal Environmental Agency, but takes into account more recent developments also. It gives an overview of the current state of implementation of EIA in the EC Member States. The different strategies of incorporation of the EEC Directive into national law are analyzed with regard to central aspects of regulation and evaluated against the background of an ideal EIA concept. The comparison includes the following topics: area of application, responsibilities within the procedure, content of EIA, consultation of other authorities and the public, evaluation of the impact statement and EIA’s role in decision making. Gaps and shortcomings in the EIA systems are outlined on the basis of first practical experience in different Member States. Finally, the issue of extending environmental assessment arrangements to cover higher tiers of action like policies, plans and programmes is discussed.

Product Liability in the European Community: The Legislative History

Abstract: This article analyzes the complex history of the important new product liability directive of the European Community. The member countries must amend their laws and meet the directive's proconsumer standards and spirit. The lengthy political evolution of this policy involved many aggressive constituencies, including nations, parts of the European Community governance structure, business federations, consumer organizations, and other functional interest groups.

Strategic Environmental Assessment: Amending the EA Directive

Abstract: The European Commission is at pre­sent considering the extension of Envi­ronmental Assessment ("EA") require­ments to policies, plans, and program­mes ("PPPs"), or strategic EA ("SEA"). Under the current EA Directive 85/337/ EEC Mem ber States need to perform EA only at the project level. The inclusion of PPPs in the current directive was hotly contested in the debates leading up to its adoption. Although PPPs were finally excluded from the Directive, the Com­mission has contemplated since the late 1970s that it would eventually be neces­sary to require SEA. Indeed, the very nature of environmental assessment makes such an extension crucial. Environmental assessment is a com­prehensive process which seeks to provi­de decision-makers with information about the potential environmental consequen­ces of proposed activities, and to ensure that environmental concerns are incorpo­rated into decision. making. It must be emphasised that EA should intertwine with the planning process from begin­ningto end. Itis nota hurdle to bejumped at a specific point; rather, it is a continu­ous process which allows decision-ma­kers to weigh environmental issues on a

The transparency directive--is it working?

Abstract: The origins and nature of the Transparency Directive of the European Community (EC) are described. The Directive attempts to make the member nations of the EC clearly identify the methods they use to control pharmaceutical prices, to provide the reasons for official decisions in this area, and to set definite timetables for arriving at such decisions. These matters have long been a point of contention between national administrations and the international pharmaceutical industry.

New Legal Effects Resulting from the Failure of States to Fulfill Obligations Under European Community Law: The Francovich Judgement

Abstract: This Article examines a decision of the Court of Justice of the European Communities that is likely both to ensure much greater protection for the rights of citizens and companies in the European Community, and to bring about a higher level of compliance with Community law by EC Member States. In brief, the Court ruled that in certain circumstances a Member State is liable to pay compensation to private parties if it has failed to implement a directive. To see how the Court of Justice reached this conclusion, and to assess the judgment’s importance, it is necessary to summarize previous case law, to explain how this case arose, and to discuss the judgment and its implications

The EEC Directives on Environmental Hazards

Abstract: Hazards to the environment are presented by a multiplicity of natural phenomena and human activities. The paper is restricted to the description of directives aimed at controlling hazards linked with the processing, storage and use of dangerous substances. In particular the so-called “Seveso” Directive, for which application experience already exists, is discussed extensively: attention is focused on some particular critical problems such as “information to the public” and land use policy. Furthermore, more recent directives on biotechnology hazards are described in brief and new trends in regulations for environment protection are commented upon.