Directive

About: Directive is a research topic. Over the lifetime, 5695 publications have been published within this topic receiving 56084 citations.

Language, space and the law: a study of directive signs

Abstract: This paper contributes to the study of linguistic landscapes by analysing warning and prohibition signs in urban settings. On the basis of data collected in British cities, it explains how directive signs reflect the interplay of language, law, space and society. Primarily conceptual in orientation but with a strong empirical base, the paper explores how the performativity of directive signs is constituted, on the one hand, by where they are placed, and, on the other, by implicit or explicit references to legal authority. By taking a socio-legal perspective, and considering the intertextual links between signs and the legal code, the paper addresses issues hitherto neglected in linguistic landscape research.

The Harmonisation of EU Copyright Law: The Originality Standard

Abstract: The first European Union Directive in the field of copyright was enacted nearly 25 years ago. Similarly to many other directives that followed, that Directive was “vertical” in scope, meaning that its “harmonising” effects were limited to the specific subject matter therein regulated (in this case, software). Other examples of “vertical harmonisation” are found in the field of photographs and databases as well as in many other European Union directives in the field of copyright, making this fragmented approach a typical trait of European Union Copyright law harmonisation. The reason for what could be labelled ‘piecemeal legislation’ can be linked to the limited power that the European Union had, until recently, in regulating copyright. As it can be easily verified from their preambles, all European Union Copyright Directives are mainly grounded in the smooth functioning of the internal market. It is the internal market—rather than copyright—that has driven the harmonisation of European Union copyright law to date. Nevertheless, if we look at the entire body of European Union copyright law today (the so called acquis communautaire) it certainly appears much more harmonised than what may be suggested by the above. The reason for this “unexpected” situation can most likely be found in the fundamental role that the Court of Justice of the European Union has played in interpreting and—some would argue—in creating European Union copyright law. Using the example of the originality standard, this paper offers an overview of the past and current state of European Union copyright, of the case law that has allowed the Court of Justice of the European Union to develop and affirm its own concepts and indicates what could and should be expected for the future of European Union copyright law.

Agricultural Diffuse Pollution and the EU Water Framework Directive: Problems and Progress in Governance

Abstract: Progress has been made on improving Europe’s water quality. Nevertheless, there is much scepticism as to whether the goals of the European Water Framework Directive will be realised by 2027. Addressing diffuse agricultural sources of pollution remains a persistent problem. The Special Issue “Water Quality and Agricultural Diffuse Pollution in Light of the EU Water Framework Directive” aims to advance the understanding of the different governance arrangements European Member States developed to address this problem. The contributions in this Special Issue focus on governance arrangements in Denmark, England, Flanders/Belgium, Germany, Ireland, Poland, The Netherlands, Norway and Scotland. The contributions address three themes. First, the contributions signal serious concerns with policy integration across policy domains. Second, it appears to be tough to prioritise source-based measures over effect-based measures of all sorts despite the principles embedded in the Directive. Third, scientific knowledge is an important ally for water interests, yet politicisation in power struggles looms. The contributions in the Special Issue offer reflections on the open, participatory, experimentalist governance that the WFD exemplifies. While most authors agree that this path is attractive and appropriate in some respects, questions can be raised as to whether it also avoids confrontations and hampers the effectiveness of policies.

Full Harmonisation as a Regulatory Concept and its Consequences for the National Legal Orders: The Example of the Consumer Rights Directive

Abstract: On 8 October 2008 the European Commission submitted the proposal for a new Consumer rights directive to the European Parliament and the Council of Ministers. This paper discusses the type of harmonisation that is foreseen in the proposed directive. It first addresses the choice between minimum and full harmonisation and the question whether there is actually support for the shift from minimum harmonisation to full harmonisation. Subsequently, an attempt is made to rebut the Commission’s argument in favour of full harmonisation. The remainder of the paper is dedicated to the consequences of full harmonisation for general contract law, the level of consumer protection offered under the proposed directive, and the possibility to shift to targeted full harmonisation of some areas, and minimum harmonisation for other.

Bounded Rationality in Transposition Processes: The Case of the European Patients’ Rights Directive

Abstract: Studies explaining the timeliness and correctness of the transposition of EU directives into national legislation have provided rather inconclusive findings. They do not offer a clear-cut prediction concerning the transposition of the patients’ rights directive, which is one of the first that concerns the organisation and financing of national healthcare systems. This article applies the perspective of bounded rationality to explain (irregularities in) the timely and correct transposition of EU directives. The cognitive and organisational constraints long posited by the bounded rationality perspective may affect the commonly employed explanatory factors of administrative capacities, misfit and the heterogeneity of preferences among veto players. To prevent retrospective rationalisation of the transposition process, this paper traces this process as it unfolded in Denmark and the Netherlands. As bounded rationality is apparent in the transposition processes in these relatively well-organised countries, fut...