Showing papers on "Directive published in 2005"
26 May 2005
TL;DR: In this article, the authors discuss the domestic impact of EU law: the state of the art and beyond, and make sense of compliance patterns: a typology of compliance in the Member States.
Abstract: Preface 1. Introduction: flexible EU governance in domestic practice 2. Theorising the domestic impact of EU law: the state of the art and beyond 3. EU social policy over time: the role of Directive 4. The Employment Contract Information Directive: a small but useful social complement to the internal market 5. The Pregnant Workers Directive: European social policy between protection and employability 6. The Working Time Directive: European standards taken hostage by domestic politics 7. The Young Workers Directive: a safety net with holes 8. The Parental Leave Directive: compulsory policy innovation and voluntary over-implementation 9. The Part-time Work Directive: a facilitator of national reforms 10. Voluntary reforms triggered by the Directives 11. The EU Commission and (non-)compliance in the Member States 12. Beyond policy change: convergence of national public-private relations? 13. Implementation across countries and Directive 14. Why do Member States fail to comply? Testing the hypotheses suggested in the literature 15. Making sense of compliance patterns: a typology 16. Conclusions: myth and reality of 'social Europe' References.
539 citations
TL;DR: In this paper, the relative effect of a directive leadership approach as compared with a participative leadership approach on school-staff teams' motivational mechanisms (empowerment and organizational commitment) and effectiveness (team in-role performance and team innovation).
Abstract: Purpose:The educational literature reflects the widely shared belief that participative leadership has an overwhelming advantage over the contrasting style of directive leadership in organizational and team effectiveness. The purpose of this study was to examine the relative effect of a directive leadership approach as compared with a participative leadership approach on school-staff teams’ motivational mechanisms (empowerment and organizational commitment) and effectiveness (team in-role performance and team innovation).Method:Data, which were obtained through a survey, were collected from 140 teams selected from 140 different elementary schools in northern Israel.Results:The results of the Structural Equation Model indicated a positive relation between directive leadership and organizational commitment, as well as a positive relation between directive leadership and school-staff team in-role performance. In addition, organizational commitment served as a mediator in the directive leadership-performance ...
192 citations
TL;DR: The European Water Framework Directive (WFD) constitutes a complex regulation that calls for numerous decisions under uncertainty on the part of the implementing agencies in the member states as mentioned in this paper, and an important instrument to both manage and, where possible, reduce uncertainty is the participation of interested parties and the broader public.
Abstract: The European Water Framework Directive (WFD) constitutes a complex regulation that calls for numerous decisions under uncertainty on the part of the implementing agencies in the member states. This contribution first discusses two different types of uncertainty that may arise in the implementation of the WFD and identifies ways to manage them. Results of a text analysis show that uncertainties are not systematically addressed either in the directive itself or in CIS guidance documents. This paper shows that an important instrument to both manage and, where possible, reduce uncertainty is the participation of interested parties and the broader public. The focus lies on the perspective of the competent authority that has the responsibility to develop and implement the management plan. The paper concludes with recommendations of how to profit from public participation in managing uncertainty but also of where to look out for possible stumbling blocks. Copyright © 2005 John Wiley & Sons, Ltd and ERP Environment.
179 citations
TL;DR: Despite the hope that traditional advance directives would ensure that patient preferences are honored, numerous studies have found that only a minority of American adults have an advance directive and that these documents have limited effects on treatment decisions near the end of life, though more recent research suggests use may be higher at the end- life.
Abstract: The development of new, life-prolonging medical technologies in the 1970s aroused concern among Americans about the indiscriminant use of aggressive, life-prolonging treatments. Highly public cases such as those of Karen Ann Quinlan and Nancy Cruzan drew attention to the importance of end of life care planning for healthy adults. Advance directives were developed as a way for people to retain control over their medical care by specifying their treatment values and choices and by naming someone to make medical decisions once they were no longer able to do so. Over the past several decades, it has become clear that statutory advance directives alone have not been as successful as originally hoped in giving patients control over their end of life care. However, the initial goal of advance directives was laudable and is worth preserving. Promising new models have evolved from practice and research that move us closer to achieving the original intent of advance directives. Most traditional advance directives, such as statutory living wills and surrogate appointments, were created by legislative processes that set specific requirements about content and established rules regarding their use to define the rights of adults to forgo medical treatment, to protect providers who honor these decisions, and to appoint an authorized surrogate decision-maker. Statutory living wills are a tool for patients to express preferences about medical treatments that can be used if a person is no longer able to make his or her own decisions. These documents typically focus on potentially life-prolonging treatments in a very limited set of circumstances, such as when a person is faced with "imminent death regardless of treatment" or is in a "persistent vegetative state." In most states, a person can also designate a surrogate to make decisions in the event the patient loses decisional capacity. Depending on state law, a surrogate may be called a health care proxy or agent, medical power of attorney, or durable power of attorney for health care. Limitations of Traditional Advance Directives Despite the hope that traditional advance directives would ensure that patient preferences are honored, numerous studies have found that only a minority (20 to 30 percent) of American adults have an advance directive and that these documents have limited effects on treatment decisions near the end of life, though more recent research suggests use may be higher at the end of life. In addition to a low completion rate, there are many reasons why traditional advance directives are less successful than originally hoped. These reasons include the following: (1) The focus is often on a patient's legal right to refuse unwanted medical treatments, reflecting the legislative origins of traditional advance directives. Those who complete such documents generally do not receive assistance in understanding or discussing their underlying goals and values. (2) The instructions given in these documents and the scenarios provided for discussion are generally either too vague to be clear (for example, "If I am close to death") or too medically specific to be helpful in common clinical situations (for example, "If I am in a persistent vegetative state"). (3) Vague instructions result in conversations that produce equally vague expressions of wishes such as "Do not keep me alive with machines" or "Let me die if I am a vegetable." (4) Once advance directives are completed, planning is typically considered finished. A systematic effort to reopen the conversation as a person's health &dines is rarely made. The only repeated question that a patient might hear is, "Do you have an advance directive?" as required by the Patient Self-Determination Act. (5) Traditional advance directives are seen as a right of the patient, with little attention given to routinely integrate planning into the clinical care of patients. …
145 citations
81 citations
TL;DR: In this paper, the authors examine the European Union's Directive on renewable energy and examine how the discussions surrounding its content unfolded, focusing on three contentious issues that were debated during the Directive's development: the definition of renewable energy, the national targets for renewable electricity, and the questions associated with harmonisation.
79 citations
Posted Content•
TL;DR: In this paper, the authors present a guidance document for decision making under uncertainty in river basin management, focusing on a specific type of decision, the selection of management measures to reach a certain goal (this would usually be good status) for the case study river basins.
Abstract: The focus of this guidance document is decision making under uncertainty in river basin management. Our purpose is to give hints for the analysis of decision situations in the HarmoniRiB case studies. The background of HarmoniRiB and thus of the case studies is the implementation of the EU-Water Framework Directive. The directive states the goal that all waters3 in the EU should reach a good status4 by 20155. In order to achieve this goal the member states need to set up river basin districts, each one having a management plan that includes a programme of measures which will achieve good status in the most costeffective manner. We conceptualize this management problem as a decision problem: Which measures should be selected for the programme of measures? The HarmoniRiB case studies are not able to cover all problems of the implementation of the EU-Water Framework Directive in all their complexity. They only investigate certain aspects of this problem. Therefore, we concentrate in this guidance document on a certain type of decision, the selection of management measures to reach a certain goal (this would usually be good status) for the case study river basins. Thereby we put a special focus on uncertainties.
64 citations
TL;DR: In this article, an integrative compliance model based on Giddens' structuration theory is proposed, which argues that both instrumental and normative concerns motivate governmental actors in their compliance calculations.
Abstract: Why do governments comply with costly rulings handed down by international courts? This article focuses upon governmental compliance with ECJ rulings. The argument is that we cannot explain compliance based solely upon the instrumental calculations of actors, but must also incorporate the normative dimension of law into our compliance model to explain why actors feel ‘compelled’ to follow ECJ rulings even in the absence of manifest instrumental incentives. At the same time we must not lose sight of the significant analytical insights of instrumental models. An integrative compliance model is therefore created based upon Giddens' structuration theory which argues that both instrumental and normative concerns motivate governmental actors in their compliance calculations. The analytical value-added of the model is illustrated upon the Working Time Directive case, where the instrumental strategy of the British government was blatant non-compliance, but where the social costs of breaking what was perceived to ...
50 citations
Book•
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21 Apr 2005
TL;DR: In this paper, the authors discuss the role of national courts in the implementation of directives and their effect on the state's ability to enforce them in cases of inadequate implementation of them.
Abstract: Table of Cases Abbreviations 1. Introduction 2. Directives as Binding Instruments of Legislative Action 3. On the Content of Directives 4. The Addressees of a Directive 5. Implementation of Directives 6. Directives as Sources of Rights 7. The Role of National Courts 8. Consistent Interpretation 9. Direct Effect of Directives 10. Liability of the State in Cases of Inadequate Implementation of Directives 11. Drawing the Lines Together Bibliography Index
48 citations
TL;DR: The research on advance directives, including proxy and instructional documents, is reviewed, and recommendations will be offered on how to use these documents as tools to facilitate patient-centered, dynamic decisions.
47 citations
TL;DR: The aim in this process of negotiated development is to identify any questions or data requirements that will be needed for persistent pesticides or soil bound residues, over and above those generally required for all compounds.
TL;DR: The implementation steps of the WFD and their implications for environmental engineering practice are discussed while focusing on rivers as the main receiving waters.
Abstract: The European Water framework directive (WFD) is probably the most important environmental management directive that has been enacted over the last decade in the European Union. The directive aims at achieving an overall good ecological status in all European water bodies. In this article, we discuss the implementation steps of the WFD and their implications for environmental engineering practice while focusing on rivers as the main receiving waters. Arising challenges for engineers and scientists are seen in the quantitative assessment of water quality, where standardized systems are needed to estimate the biological status. This is equally of concern in engineering planning, where the prediction of ecological impacts is required. Studies dealing with both classification and prediction of the ecological water quality are reviewed. Further, the combined emission–water quality approach is discussed. Common understanding of this combined approach is to apply the most stringent of either water quality or emission standard to a certain case. In contrast, for example, the Austrian water act enables the application of only the water quality based approach - at least on a temporary basis.
TL;DR: In this article, the status of third-country nationals (TCNs) who are long-term residents from the perspective of longterm resident migrants working in an employed capacity in one of the Member States is examined.
Abstract: This chapter focuses on Council Directive 2003/109/EC concerning the status of third-country nationals (TCNs) who are long-term residents from the perspective of long-term resident migrants working in an employed capacity in one of the Member States. The main question it seeks to answer is whether the legal status accorded to this particular group of (TCNs) by the Directive in respect of equality rights fulfils the Tampere vision of 'near-equality'. The chapter focuses on one of the main rights of long-term residents as it examines to which extent equality of treatment between long-term resident migrant workers and nationals of the host Member State is realized by Article 11 of the Directive. This examination reveals whether Community law from now on reflects social cohesion or continue to promote a legal system based on social injustice with large groups of TCNs treated as 'second class citizens'. Keywords:Council Directive 2003/109/EC; long-term residents; third-country nationals (TCNs)
TL;DR: The European Union Qualification Directive as discussed by the authors is the first supranational instrument to seek to harmonize complementary protection (termed "subsidiary protection" in the EU) in a codified regime.
Abstract: The European Union Qualification Directive is the first supranational instrument to seek to harmonize complementary protection (termed "subsidiary protection" in the EU). Though it has shifted complementary protection beyond the realm of ad hoc domestic practices to a codified regime, it entrenches a protection hierarchy that unjustifiably differentiates between the rights and status accorded to Convention refugees vis-a-vis beneficiaries of subsidiary protection. This article traces the development of the Qualification Directive by examining preparatory documents and drafting records. It discusses changes to the categories of persons granted subsidiary protection as well as to the substantive rights attaching to that status. In particular, it criticizes the narrowing-down of originally proposed categories of persons eligible for subsidiary protection, arguing that omitting to provide for known groups of extra-Convention refugees does not eliminate them, but simply creates new categories of unprotected persons. It also highlights the absence of any international legal basis on which to base distinctions between the rights granted to Convention refugees vis-a-vis beneficiaries of subsidiary protection. It concludes that the Qualification Directive represents a regional, political manifestation of the broader legal concept of complementary protection, and as such does not provide a model for emulation at the international level.
TL;DR: In this paper, the authors analyze the provisions of the Markets in Financial Instruments Directive (MiFID) regarding conflicts of interest, suitability of investment services and products, best execution of transactions, and prompt and fair handling of client orders.
Abstract: Abstract Rules of conduct, in addition to being part of the regulation of investment intermediaries, operate as contractual standards in the relationships between intermediaries and their clients. In this paper, I critically analyze the provisions of the Markets in Financial Instruments Directive (MiFID) regarding conflicts of interest, suitability of investment services and products, best execution of transactions, and prompt and fair handling of client orders. In addition, I consider the main goals of the Lamfalussy regulatory architecture and argue that the MiFID’s rules of conduct do not satisfy these goals, as they are too detailed and touch upon very technical issues. Also the (draft) implementing measures are too specific and will result in substantial re-regulation. Therefore, rules of conduct have possibly become more uniform in Europe, but also more abstract and rigid, while the scope of contract law has been reduced. Moreover, political compromises have been made on core provisions diminishing their regulatory bite and intrinsic logic. I conclude that the cost paid by EU securities law is substantial in terms of rigidity, complexity and politicization, while the effectiveness of harmonization still needs to be proven.
TL;DR: In this paper, an evaluation of the regulations on drinking water in European and Mediterranean countries was carried out, focusing on Directive 98/83/EC and to its implementation in the Member States, also considering the recent (2004) EU enlargement, which brought ten new countries into the European Union.
Journal Article•
TL;DR: There is a way of getting companies with this problem movingagain-but it's a drastic one.
Abstract: Decisions are routinely criticized, often ignored, and even reversed. Is it any wonder that, faced with some new directive, employees smile but refuse to budge? There is a way of getting companies with this problem movingagain-but it's a drastic one.
TL;DR: Implementation of the Directive for whole-body vibration presents a different challenge and the HSE is currently preparing appropriate guidance to accompany the Regulations, which will form part of an holistic approach to back pain in professional drivers.
Abstract: The European Union adopted a Directive in 2002 on minimum requirements for the health and safety of workers exposed to vibration. This is known as the Physical Agents (Vibration) Directive. It builds on existing general employers' duties to manage risks to health and safety, and introduces exposure action and limit values for both hand-arm vibration and whole-body vibration, setting minimum standards for the control of vibration risks across Europe. New Regulations on Vibration at Work will be introduced in Great Britain on 6 July 2005 to implement the Directive. These Regulations should serve to strengthen the continuing work of the Health and Safety Executive (HSE) to reduce exposures to hand-arm vibration in British industry. Implementation of the Directive for whole-body vibration presents a different challenge and the HSE is currently preparing appropriate guidance to accompany the Regulations. This will form part of an holistic approach to back pain in professional drivers, setting vibration in context with other risk factors, particularly postural concerns and manual handling operations.
TL;DR: In this paper, the main provisions of Directive 2005/29, the solutions adopted for a number of the key design issues are assessed and the degree of protection afforded to vulnerable groups, and the extent to which the Directive will contribute towards building coherence in European contract law.
Abstract: In an examination of the main provisions of Directive 2005/29, the solutions adopted for a number of the key design issues are assessed First, has the Directive overcome the problem of the inherent vagueness and unpredictability of a general clause that forbids unfair commercial practices? Second, is it the case that the Directive has no implications for contract law and competition law? Third, will the provisions requiring maximal harmonisation lead to a decline in consumer protection in some Member States? Fourth, will the new comprehensive duties to provide material information prove workable and affordable by business? The article also assesses the degree of protection afforded to vulnerable groups, and the extent to which the Directive will contribute towards building coherence in European contract law
Book•
01 Jan 2005
Abstract: 1. Introduction PART 1 - THE NEW EUROPEAN REGIME 2. Completing the Internal Market in Energy: An Introduction to the New Legislation 3. The New EU Directives on Energy Liberalisation: From a Competition Point of View 4. Regulation by Co-operation PART 2 - NATIONAL APPROACHES TO IMPLEMENTATION 5. Introduction 6. Austria 7. France 8. Germany 9. Greece 10. Ireland 11. Italy 12. The Netherlands 13. Portugal 14. Spain 15. The United Kingdom 16. Central Europe: An Introduction 16A Hungary 16B Poland 16C Slovakia 17. Conclusion APPENDICES The Electricity Directive 2003 The Gas Directive 2003 The Electricity Regulation 2003 The Gas Regulation 2004
Journal Article•
01 Jan 2005
TL;DR: The Negotiations on the Asylum Procedures Directive (APD) as discussed by the authors were conducted in the Asylum and Immigration Unit of the European Commission's Directorate-General Justice and Home Affairs (DGJH).
Abstract: * All the time of writing, the author worked in the Asylum and Immigration Unit of the European Commission’s Directorate-General Justice and Home Affairs. All views expressed in this article are purely personal and do not necessarily reflect the views of the European Commission. The author would like to thank Phil Douglas, Mieneke De Ruiter, Sandra Pratt, Marion Simm, Guillermo Troncoso and Menno Verheij for their valuable comments on an earlier draft of this article. 1 Com (2000) 578 final, OJ C 62 E, 27 February 2001, 231. 2 In accordance with the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of the Directive, while the United Kingdom and Ireland notified their wish to participate in the adoption of the Directive in accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland. The Negotiations on the Asylum Procedures Directive
TL;DR: The cultural dimensions, legal boundaries, consumers’ and providers’ perspectives, and the medical and nursing positions in New Zealand are considered.
Abstract: Advance directives convey consumers’ wishes about accepting or refusing future treatment if they become incompetent. They are designed to communicate a competent consumer’s perspective regarding the preferred treatment, should the consumer later become incompetent. There are associated ethical issues for health practitioners and this article considers the features that are relevant to nurses. In New Zealand, consumers have a legal right to use an advance directive that is not limited to life-prolonging care and includes general health procedures. Concerns may arise regarding a consumer’s competence and the document’s validity. Nurses need to understand their legal and professional obligations to comply with an advance directive. What role does a nurse play and what questions arise for a nurse when advance directives are discussed with consumers? This article considers the cultural dimensions, legal boundaries, consumers’ and providers’ perspectives, and the medical and nursing positions in New Zealand.
01 May 2005
TL;DR: The Water Framework Directive (WFD) is currently being implemented throughout Europe as discussed by the authors and is likely to introduce major changes to the way in which water is managed in Sweden, this stud...
Abstract: The Water Framework Directive (WFD) is currently being implemented throughout Europe. As the Directive is likely to introduce major changes to the way in which water is managed in Sweden, this stud ...
TL;DR: In this paper, the authors report on the legislative and institutional changes made with the object of achieving compliance with the Nitrates Directive in Poland and other Central and Eastern European countries, and question whether there has been sufficient institutional development to ensure the nitrates Directive's aims are attained in practice.
TL;DR: In this paper, the authors discuss the anticipated efficiency and effectiveness of different policy approaches in the application of the EC energy certificate for the urban housing stock, and argue that, although energy certificates as a communication instrument for household appliances have appeared to be relatively successful, the different nature of the building sector may mean that their effectiveness here will be rather limited.
Abstract: In 2003 the European Commission introduced the EC Directive on the energy performance of buildings in recognition of the importance of energy savings in the urban housing stock. The Directive gives the member states freedom to design the different elements in practice. The energy certificate for existing buildings demanded by the EC Directive can be used as a communicative instrument, or combined with economic or regulatory principles. The authors discuss the anticipated efficiency and effectiveness of different policy approaches in the application of the EC energy certificate for the urban housing stock. They argue that, although energy certificates as a communication instrument for household appliances have appeared to be relatively successful, the different nature of the building sector may mean that their effectiveness here will be rather limited. The combination of energy certificates with tax schemes seems promising, but will have to be coupled with general income taxes or in housing-related taxes i...
01 Mar 2005
TL;DR: In this article, the integration of migrants has been placed at the very top of the EU agenda, where both the state and the migrant have a role in successful integration, and the way in which integration conditions have been included by the Council of Ministers in these legal measures may be considered restrictive Looking in particular at Directive 2003/109 on the long-term resident status, member states will have overly wide discretion to ask migrants to comply with mandatory integration requirements Immigrants will first need to pass an integration test and cover the financial costs of it before having secure access to the benefits and rights
Abstract: At a time when the development of a common EU immigration policy remains far from a reality, the integration of migrants has been placed at the very top of the EU agenda In this report we critically assess what integration may involve at the EU and national levels Although the Council has agreed on a set of common basic principles underlying a coherent European framework on integration, the bulk of directives so far adopted on regular migration have not followed the two-way approach, where both the state and the migrant have a role in successful integration The way in which integration conditions have been included by the Council of Ministers in these legal measures may be considered restrictive Looking in particular at Directive 2003/109 on the long-term resident status, member states will have overly wide discretion to ask migrants to comply with mandatory integration requirements Immigrants will first need to pass an integration test and cover the financial costs of it before having secure access to the benefits and rights conferred by the status of long-term resident These provisions should hence be revised Otherwise, by using this restrictive conditionality, such provisions may negatively affect social cohesion and inclusion, and undermine the fundamental rights of immigrants Integration is by nature an elusive concept Instead of worrying about the need to conceptualise this term, any policy intending to frame this field should instead look at it as a compendium of processes of inclusion tackling social exclusion These processes should seek to guarantee equal rights and obligations to those not holding the nationality of the receiving society Facilitating equality of treatment and full access to a set of economic, political, social and cultural rights and duties should be the real goal pursued
TL;DR: In this paper, the authors argue that the patient's right to refuse life-saving treatment only receives the respect it deserves if the decision whether or not a valid and applicable advance directive exists in a given case is instead approached in an unbiased, disinterested way, and analyses how this can be achieved in different scenarios.
Abstract: English law gives the competent patient a right to refuse life-saving treatment, either contemporaneously or in an advance directive. This means that the patient's autonomous choice that in an anticipated situation his/her interests are better served by rejecting life-saving treatment needs to be respected. However, this right is undermined in practice by the courts' approach of applying a presumption in favour of preserving the patient's life whenever the validity and applicability of an advance directive is questioned. The article argues that the patient's right to refuse life-saving treatment only receives the respect it deserves if the decision whether or not a valid and applicable advance directive exists in a given case is instead be approached in an unbiased, disinterested way, and it analyses how this can be achieved in different scenarios.
TL;DR: Results indicate significant differences in opinions among members of the various stakeholder groups, and implications for advance directive education are discussed.
Abstract: The present study compares the familiarity with and attitudes about psychiatric advance directives among multiple community stakeholders in two Ohio communities. One community was involved in a pilot psychiatric advance directive education project, and one was not. A total of 272 legal and law enforcement personnel, clergy, healthcare professionals, mental health professionals, consumers, and family members completed a newly developed measure of opinions about psychiatric advance directives. Results indicate significant differences in opinions among members of the various stakeholder groups, and implications for advance directive education are discussed.