Showing papers on "Directive published in 2011"
TL;DR: It is argued that the success of the open government data movement in some Member States can be related to the confusion or ignorance about the relationship between traditional freedom of information legislation and the re-use of public sector data.
243 citations
TL;DR: In this article, the Water Framework Directive (WFD) was implemented in three Member States, Denmark, the Netherlands and France, and the authors tried to answer two questions related to the implementation of one of Europe's most influential EU-directives, the WFD.
148 citations
TL;DR: Unintended negative consequences of advance directive legal restrictions may prevent all patients, and particularly vulnerable patients, from making and communicating their end-of-life wishes and having them honored.
Abstract: This article reviewed advance directive legal statutes for all 50 states and the District of Columbia and identified the following potential barriers to end-of-life care planning: poor readability,...
105 citations
TL;DR: The Marine Strategy Framework Directive (MSF) as mentioned in this paper is the first attempt by the EU to apply an ecosystem-based approach in the regulation and management of the marine environment, marine natural resources and marine ecological services.
Abstract: This article reviews the Marine Strategy Framework Directive, which requires the Member States of the European Union (EU) to put in place measures to achieve and maintain good environmental status of marine waters by 2020. Apart from redressing a long-standing lacuna in EU law, the Directive is also the first concerted attempt by the EU to apply an ecosystem-based approach in the regulation and management of the marine environment, marine natural resources and marine ecological services. The legislative history, conceptual approach, structure and content of the Directive, as well as some of its unique regulatory features, are discussed here. This article concludes that the Directive is primarily focused on harmonising the regulatory and administrative activities of the Member States and that it is too early in the transposition process to identify the practical impacts of the new instrument on the activities of offshore industries and businesses. The Directive nonetheless has the potential to become the p...
80 citations
12 Jun 2011
TL;DR: The authors reviewed the prevailing literature and the agency plans to identify a set of discrete lenses and objectives that align with the Directive's principles to synthesize a framework that will support future fieldwork to identify and construct best-practice tools and guidance.
Abstract: In response to President Obama's Open Government Directive, federal agencies developed plans to instill the principles of transparency, collaboration, and participation into their engagement with the public. Against the question, "what is open government?," the authors reviewed the prevailing literature and the agency plans to identify a set of discrete lenses and objectives that align with the Directive's principles. The lenses and objectives are then assessed for their policy implications, intended outcomes, and implementation challenges. This analysis is synthesized into a framework that will support future fieldwork to identify and construct best-practice tools and guidance that help agencies go beyond baseline compliance and apply the Directive as a tool for mission success. We conclude with a discussion on the factors and conditions for the sustainment of the Open Government movement.
78 citations
TL;DR: In this article, the authors examine the recent development of EU regulatory policy with respect to the alternative investment industry up to and including the adoption of a major new Directive, which is just one part of a much larger package of new EU measures relating to the financial markets but its emergence merits being singled out for three reasons.
Abstract: This article examines the recent development of EU regulatory policy with respect to the alternative investment industry up to and including the adoption of a major new Directive. This Directive is just one part of a much larger package of new EU measures relating to the financial markets but its emergence merits being singled out for three reasons. First, the account of how it came about and what it sets out to do touches upon two overarching concerns that are frequently expressed about laws that are made in the immediate aftermath of a crisis: opportunistic use of crisis situations to achieve unrelated goals, and crisis-induced regulatory overreaction. Second, with the regulation of alternative investments being addressed internationally as well as in Europe, close examination of this area provides revealing glimpses of ways in which key players in the EU policy formation process have simultaneously used the financial crisis to exert influence internationally and used international developments to further an internal agenda. Finally, out of the exceptional level of controversy that surrounded the legislative process for the Directive come some important insights on relations between the EU Institutions and, in particular, on the European Parliament’s increasing deftness in putting its mark on EU financial market regulation.
48 citations
TL;DR: In this article, the authors identify two key stages in the river basin planning process under the Water Framework Directive: the selection of instruments for a program of measures to achieve the environmental targets, and disproportionate cost analysis to determine whether selected measures involve high costs.
46 citations
Posted Content•
TL;DR: The objectives of MiFID are clear: a) stimulate competition, repealing regulated market trading concentration obligations and facilitating the offer of cross-border investment services; b) strengthen market integrity, efficiency, and transparency by setting out detailed rules on trade execution; c) ensure investor protection and set uniform rules of conduct in the relations between investment firms and their clients; d) introduce minimum organizational requirements for investment firms as mentioned in this paper.
Abstract: Approved in April 2004, the Directive 2004/39/EC (Markets in Financial Instruments Directive, or MiFID) radically innovates the community legislative framework on the offer of investment services. Notwithstanding the complexity and variety of the issues addressed, the objectives of MiFID are clear: a) stimulate competition, repealing regulated market trading concentration obligations and facilitating the offer of cross-border investment services; b) strengthen market integrity, efficiency, and transparency by setting out detailed rules on trade execution; c) ensure investor protection and set uniform rules of conduct in the relations between investment firms and their clients; d) introduce minimum organizational requirements for investment firms. MiFID has been transposed into Italian legislation in 2007, adding a number of significant amendments to the Consolidated Law on Financial Intermediation (Testo Unico della Finanza, or TUF) and related Regulations.
41 citations
39 citations
TL;DR: The paper identifies some key features of the Directive as well as legislative and operational differences in transposition and implementation in the various members states and concludes with lessons learnt from the European experience.
38 citations
TL;DR: This article provided an extensive survey of the most frequent diachronic processes of emergence of positive directive strategies (imperatives, hortatives, jussives, etc.) based on a 200-language sample.
TL;DR: The factors giving impulse to changing major accident prevention legislation within Europe, the so-called Seveso Directive, have not been thoroughly studied and molded into an understandable model thus far as discussed by the authors.
TL;DR: In this paper, the terms and content of ecological quality objectives and ecological quality standards, based on the Water Framework Directive's legal conceptualization of "ecological status", are examined and clarified.
Abstract: For a meaningful discussion of the effectiveness of ecological objectives and ecological quality standards, their terms and purposes must be examined and clarified. This study explores the terms and content of ecological quality objectives and ecological quality standards, based on the Water Framework Directive’s legal conceptualization of ‘ecological status’. This exploration is accomplished by analysing and describing the Water Framework Directive’s ‘ecological status’ aspect from a legal-ecological perspective. The analysis of ‘ecological status’ and its main constructs forms the basis for a possible alternative form of regulation, which addresses the shortcomings identified in the analysis.
Journal Article•
TL;DR: In this paper, the authors propose a balanced approach in which the intermediary protection regime can be safeguarded, whilst still protecting the rights of third parties whose rights may be infringed on the internet.
Abstract: Internet access providers, online platforms and other intermediaries benefit from a protection against liability claims caused by end-users' illegal or harmful information. This liability limitation is enshrined in the 2000 Directive on Electronic Commerce, a directive considered crucial for a proper functioning of the internal market, the uptake of the information society and the protection of freedom of speech. Throughout the years, the liability protection for online intermediaries seems, however, to have been gradually carved out by case law, particularly on the Member State level. In recent cases, such as C- 236/08, Google France, and C-324/09, L'Oreal, the European Court of Justice has also interpreted relevant EU legislation. Online intermediaries are increasingly forced to monitor the activities of their users if they want to remain shielded from liability. Paradoxically, obliging online intermediaries to monitor the information transmitted or stored by users is forbidden by the same Directive on Electronic Commerce. This article proposes a balanced approach in which the intermediary protection regime can be safeguarded, whilst still protecting the rights of third parties whose rights may be infringed on the internet.
01 Aug 2011
TL;DR: Where this document refers to or reports statements made by speakers at an event every effort has been made to provide a fair representation of their views and opinions, but the ultimate responsibility for accuracy lies with this document’s author(s).
Abstract: necessarily reflect the view of Chatham House, its staff, associates or Council. Chatham House is independent and owes no allegiance to any government or to any political body. It does not take institutional positions on policy issues. This document is issued on the understanding that if any extract is used, the author(s)/ speaker(s) and Chatham House should be credited, preferably with the date of the publication or details of the event. Where this document refers to or reports statements made by speakers at an event every effort has been made to provide a fair representation of their views and opinions, but the ultimate responsibility for accuracy lies with this document’s author(s). The published text of speeches and presentations may differ from delivery. International Security Programme Paper ISP PP 2011/05
Posted Content•
TL;DR: In this paper, the shortcomings of the established practice of creating EU Consumer Law through directives which harmonise selected aspects of national law are considered and it is argued that this approach has failed to provide a suitable legal framework to support cross-border consumer transactions.
Abstract: This paper considers the shortcomings of the established practice of creating EU Consumer Law through directives which harmonise selected aspects of national law. It is argued that this approach has failed to provide a suitable legal framework to support cross-border consumer transactions. It then goes on to develop an alternative approach. First, the case for choosing regulations rather than directives is made. Secondly, it is argued that EU action should be confined to the cross-border context. The notion of ‘cross-border’ itself is discussed. The analysis is set against the background of the various policy options for EU Contract Law presented in the 2010 Green Paper.
TL;DR: Results show that the domestic adaptation costs to a provision play an important role for member-state transposition success: high levels of fit and provisions granting discretion improve member- state transpositionsuccess.
Abstract: The present study aims to explain variation between member states in compliance with provisions of a European Union (EU) law. Predictions are derived about the effects of technical fit, discretion, Commission warnings, and conflict in the Council on the probability of member-state transposition of separate EU policy requirements. Hypotheses are tested on the level of compliance of 15 member states with 27 major provisions laid down in the Framework Equality Directive (2000/78/EC). Extensive analysis of documents and reports from key informants provided information on member-state transposition progress at the end of 2004 and 2006. Results show that the domestic adaptation costs to a provision play an important role for member-state transposition success: high levels of fit and provisions granting discretion improve member-state transposition success. Formal warnings by the Commission lead to a better compliance record, while conflict in the Council does not affect the successful transposition of provisions.
08 Feb 2011
TL;DR: The authors examine the 2009 Open Government Directive and federal agencies' Open Government Plans to identify the drivers, trends, and challenges in establishing this posture and consider the impact of the OGD's dominant emphasis on technology.
Abstract: President Obama has committed his administration to a presumption of openness in government. In this paper, the authors examine the 2009 Open Government Directive (OGD) and federal agencies' Open Government Plans to identify the drivers, trends, and challenges in establishing this posture. To provide perspective, the paper assesses the Directive within the context of the existing legislative framework and the plans themselves. The authors consider the impact of the OGD's dominant emphasis on technology. The paper concludes with suggested areas for future research with an eye towards advancing an understanding of open government through the lenses of society, policy, and technology.
TL;DR: In this paper, the authors analyse the consequences of the implementation of the European EU Eighth Directive on the qualification of statutory auditors in Denmark between 1984 and 2006, and show how the local implementation disturbed the balance of the "system of professions" in Denmark and gave rise to an intra-professional conflict over the statutory audit jurisdiction.
Abstract: This paper analyses the consequences, in Denmark between 1984 and 2006, of the implementation of the European EU Eighth Directive on the qualification of statutory auditors. Although the Eighth Directive envisaged one group of statutory auditors in each Member State, there were two groups of auditors in Denmark, and the implementation of the Directive triggered a long conflict between the two groups about the education of the second-tier auditors. The analysis is based on the work of Abbott ((1988)) on professional jurisdictional disputes and shows how the local implementation of the Eighth Directive on auditor qualifications disturbed the balance of the ‘system of professions’ in Denmark and gave rise to an intra-professional conflict over the statutory audit jurisdiction. The jurisdictional dispute dragged on for two decades because of the complexity of the Danish regulatory system, where audit regulation takes place in overlapping committees between the profession, the state and the educational institu...
TL;DR: In this article, the key concepts of the provision for applicability of EU data protection laws to non-EU websites and the uniform interpretation thereof based on the legislative history of the Directive are discussed.
Abstract: † Discusses the key concepts of the provision for applicability of EU data protection laws to nonEU websites and provides for a uniform interpretation thereof based on the legislative history of the Directive. † Discusses the differences in the manner in which the applicability rule is implemented in the Member States and the resulting divergent interpretations by the national Data Protection Authorities.
TL;DR: In this paper, the authors examine the recent development of EU regulatory policy with respect to the alternative investment industry up to and including the adoption of a major new Directive, which is just one part of a much larger package of new EU measures relating to the financial markets but its emergence merits being singled out for three reasons.
Abstract: This article examines the recent development of EU regulatory policy with respect to the alternative investment industry up to and including the adoption of a major new Directive. This Directive is just one part of a much larger package of new EU measures relating to the financial markets but its emergence merits being singled out for three reasons. First, the account of how it came about and what it sets out to do touches upon two overarching concerns that are frequently expressed about laws that are made in the immediate aftermath of a crisis: opportunistic use of crisis situations to achieve unrelated goals, and crisis-induced regulatory over-reaction. Second, with the regulation of alternative investments being addressed internationally as well as in Europe, close examination of this area provides revealing glimpses of ways in which key players in the EU policy formation process have simultaneously used the financial crisis to exert influence internationally and used international developments to further an internal agenda. Finally, out of the exceptional level of controversy that surrounded the legislative process for the Directive come some important insights on relations between the EU Institutions and, in particular, on the European Parliament’s increasing deftness in putting its mark on EU financial market regulation.
TL;DR: In this article, the authors examine several potential explanations focusing on political economy, public opinion and the timing of events, and argue that political elites had an interest in exploiting the directive in the context of a leadership crisis within the French socialist party.
Abstract: Why did the services directive proposed by Internal Market Commissioner Frits Bolkestein lead to such virulent reactions in France? This article examines several potential explanations focusing on political economy, public opinion and the timing of events. While all of these elements contribute to the difficult political context, they are insufficient to explain the importance of the backlash against the directive in France. We therefore focus on party politics and argue that political elites had an interest in exploiting the directive in the context of a leadership crisis within the French socialist party. The case study bears lessons about the domestic potency of European policy issues: they can pose a real challenge to centrist parties, which have insufficiently addressed them in their party platforms.
TL;DR: The 2006 Data Retention Directive as mentioned in this paper requires EU-based Internet Service Providers to store information on customers and their online communications and is criticised in a number of recent national constitutional court judgments due to its impact on privacy.
Abstract: The 2006 Data Retention Directive requires EU-based Internet Service Providers to store information on customers and their online communications. The Directive is being reviewed by the European Commission, and has been criticised in a number of recent national constitutional court judgments due to its impact on privacy. It is now being considered by the European Court of Justice. This article describes the likely impact on data retention of further developments in Internet usage, technology and law. It outlines the increasing use of private networks and member community sites that are not subject to the Directive, and the changes in surveillance technology and practice that some member states have proposed in response. It concludes by analysing the key factors to be taken into account in the EC and ECJ reviews, and suggests more proportionate and effective mechanisms for preserving appropriate law enforcement access to communications data.
TL;DR: Some of the specific challenges that need to be addressed if the promotion of advance directives are to improve outcomes of patient treatment and care near the end of life are considered.
Abstract: In New Zealand an advance directive can be either an oral statement or a written document. Such directives give individuals the opportunity to make choices about future medical treatment in the event they are cognitively impaired or otherwise unable to make their preferences known. All consumers of health care have the right to make an advance directive in accordance with the common law. When we consider New Zealand9s rapidly ageing population, the fact that more people now live with and die of chronic rather than acute conditions, the importance given to respecting autonomous decision-making, increasing numbers of individuals who require long-term residential care, and financial pressures in the allocation of medical resources, there would seem to be a number of compelling reasons to encourage individuals to write or verbalise an advance directive. Indeed the promotion of advance directives is encouraged. However, caution should be exercised in promoting advance directives to older people, especially in light of several factors: ageist attitudes and stereotypes towards them, challenges in the primary healthcare setting, and the way in which advance directives are currently focused and formulated. This paper considers some of the specific challenges that need to be addressed if the promotion of advance directives are to improve outcomes of patient treatment and care near the end of life.
DOI•
01 Jan 2011
TL;DR: In this article, a review of methodological standards for the assessment of the status of the marine environment and the determination of good environmental status (GES), environmental targets, and monitoring is presented.
Abstract: In accordance with the Marine Strategy Framework Directive (MSFD; 2008/56/EC), it is appropriate to make provision for the development of criteria and methodological standards to ensure consistency and to allow for comparison between marine regions or subregions of the extent to which good environmental status (GES) is being achieved. In this report, methodological standards are reviewed for (1) the assessment of the status of the marine environment and the determination of GES; (2) environmental targets; and (3) monitoring. Methodological standards are defined in general terms as all methods developed and agreed in the framework of European or international conventions. The screening of available methodological standards is restricted to the WFD (2000/60/EC), EQS Directive (2008/105/EC), Habitats Directive (92/43/EEC), Birds Directive (2009/147/EC), Common Fisheries Policy and Regional Sea Conventions covering European seas (OSPAR, HELCOM, UNEP MAP, Black Sea Commission). How to obtain EU publications Our priced publications are available from EU Bookshop (http://bookshop.europa.eu), where you can place an order with the sales agent of your choice. The Publications Office has a worldwide network of sales agents. You can obtain their contact details by sending a fax to (352) 29 29-42758. The mission of the JRC is to provide customer-driven scientific and technical support for the conception, development, implementation and monitoring of EU policies. As a service of the European Commission, the JRC functions as a reference centre of science and technology for the Union. Close to the policy-making process, it serves the common interest of the Member States, while being independent of special interests, whether private or national. L B -N A -2 4 7 4 3 -E N -N
TL;DR: In 2011, the Patients' Rights in Cross-border Health Care Directive was adopted as mentioned in this paper, which is meant, inter alia, to implement the case law of the Court of Justice on patient mobility.
Abstract: In 2011 the Patients' Rights in Cross-border Health Care Directive was adopted. This Directive is meant, inter alia, to implement the case law of the Court of Justice on patient mobility. This arti...
Journal Article•
TL;DR: In this article, a truly optional consumer rights Directive is proposed to be agreed upon my social dialogue, which would grant consumers a high level of protection and provide for online dispute resolution (ODR).
Abstract: The project to modernise the consumer acquis and the development of general contract law principles have become intertwined. The reasons for this are explained but it is argued that the two could and often should be kept separate. The proposal for a Consumer Rights Directive has become stalled due to a failure to agree on maximal harmonisation in key areas. The Commission instead sees an Optional Instrument as the engine for increasing cross-border sales through the creation of a 28th regime. In the consumer context this is seen as introducing maximal harmonisation through the backdoor by an Instrument that will not be truly optional for consumers who will be offered it on a take it or leave it basis. Instead a Truly Optional Instrument is proposed to be agreed upon my social dialogue. It would grant consumers a high level of protection and provide for online dispute resolution (ODR). This should address the traders real concern – that they will have to litigate in foreign jurisdictions – whilst not reducing consumer rights, but avoiding in most cases the need to refer to national law by providing simple rules and mechanisms for dealing with most consumer disputes which are often of a fairly straightforward nature. It also raises fewer competence issues.