scispace - formally typeset
Search or ask a question
Topic

Directive

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


Papers
More filters
Book
01 Jan 2007
TL;DR: The Unfair Commercial Practices Directive (UCPD) as mentioned in this paper was proposed by Ulf Bernitz et al. in 2005 and has been implemented in the UK from a UK perspective since 2006.
Abstract: 1. Introduction Stephen Weatherill and Ulf Bernitz 2. The Unfair Commercial Practices Directive and its General Prohibition Giuseppe B Abbamonte 3. The Unfair Commercial Practices Directive: Its Scope, Ambitions and Relation to the Law of Unfair Competition Ulf Bernitz 4. An End to Fragmentation? The Unfair Commercial Practices Directive from the Perspective of the New Member States from Central and Eastern Europe Antonina Bakardjieva Engelbrekt 5. The Unfair Commercial Practices Directive in Context Ida Otken Eriksson and Ulf Oberg 6. Unfair Commercial Practices Directive-A Missed Opportunity? Geraint Howells 7. Who is the 'Average Consumer'? Stephen Weatherill 8. The Relationship of the Unfair Commercial Practices Directive to European and National Contract Laws Simon Whittaker 9. The Unfair Commercial Practices Directive and its Consequences for the Regulation of Sales Promotion and the Law of Unfair Competition Jules Stuyck 10. The Case for Reclaiming European Unfair Competition Law from Europe's Consumer Lawyers Christopher Wadlow 11. Unfair Commercial Practices: Stamping out Misleading Packaging Vanessa Marsland 12. The Challenges Posed by the Implementation of the Directive into Domestic Law-a UK Perspective Christian Twigg-Flesner and Deborah Parry 13. Transborder Law Enforcement-Does it Exist? Hans W Micklitz Appendix-Directive 2005/29.EC

22 citations

Posted Content
TL;DR: In this paper, the authors consider whether the review of the consumer acquis, in particular the proposal for a Consumer Rights Directive, should open the way for aligning the "average consumer" notion from the Directives with the benchmark set in EU law in order to ensure greater legal certainty.
Abstract: In EU free movements regulation, the average consumer is regarded as someone who is ‘reasonably circumspect’ and able to look after his own interests. National legislation aiming at offering a higher degree of protection is often struck down, in this light, as creating unjustified barriers to trade. In contrast, Directives aimed at harmonisation of consumer contract law generally take a very consumer-friendly stance, imposing a higher level of consumer protection than the free movements regulation would allow. The result is a discrepancy in the underlying framework for regulation in the Internal Market and, consequently, uncertainty for businesses and consumers operating in that market. This paper considers whether the review of the consumer acquis, in particular the proposal for a Consumer Rights Directive, should open the way for aligning the ‘average consumer’ notion from the Directives with the benchmark set in EU law in order to ensure greater legal certainty. To that end, it first seeks to identify the position of the standards set by the existing four Directives and the text of the proposal in relation to the ‘reasonably circumspect’ consumer of EU law. Secondly, in order to align the different notions of the ‘average consumer’ in EU law and in the Directives, the paper argues that lessons can be learnt from the example set by the Unfair Commercial Practices Directive. This approach may be characterised as ‘targeted differentiation’.

22 citations

01 Jan 2012
TL;DR: The authors restates the policy established by prior directives regarding attorneys' requests for excusal from trial commitments because of conflicts with their obligations as officers, trustees, or members of the New Jersey State Bar Association.
Abstract: This Directive restates the policy established by prior directives regarding attorneys' requests for excusal from trial commitments because of conflicts with their obligations as officers, trustees, or members of the New Jersey State Bar Association. It supersedes Directive # 9-97 and all prior directives on this subject (including Directives # 5-97 and # 3-85). It is being issued because of some apparent uncertainty as to the continued validity of the previously stated policy.

22 citations

Journal ArticleDOI
TL;DR: The European Union Blood Safety Directives have been in development since 2002 and are now in the process of being fully implemented in 27 member states, with background to their development, their scope and content provided.
Abstract: The European Union Blood Safety Directives have been in development since 2002 and are now in the process of being fully implemented in 27 member states. This review provides the background to their development, their scope and content. Aspects of pan-European implementation are discussed, together with specific problems encountered to date. Meetings and discussions of the competent authorities with the commission are reported, together with an updated review of 'where do we go from here'.

22 citations

Journal ArticleDOI
TL;DR: In this paper, the goal of harmonization of European sales and warranties law from an economic perspective is considered and the main provisions of the Directive in light of current economic theories of consumer protection.
Abstract: EC Directive 1999/44 represents a sizeable step towards the harmonization of European law of warranties in consumer sales. In this article, I consider the goal of harmonization of European sales and warranties law from an economic perspective and subsequently examine some of the main provisions of the Directive in light of current economic theories of consumer protection. I begin with an analysis of conventional and legal warranties, which the law and economics literature considers as promises of the seller to assume specific responsibilities in case the quality or the performance of the purchased item does not conform to the specifications and contractual expectations of the buyer. From an economic point of view, there are three main functions of conventional and legal warranties: (a) insurance; (b) signaling; and (c) incentive functions. In such context, the choice of optimal level and duration of a warranty depends on (a) the risk propensities of the parties; (b) the informational asymmetries between the parties; and (c) the determinants of the probability of a product's lack of conformity or breakdown. The analysis reveals that different optimal levels of warranty may be chosen in real life cases to create the optimal balance of risk allocation and parties' incentives. I consider the results of the economic model in the various scenarios and evaluate the consistency of the unified solution adopted by the European Directive.

22 citations


Network Information
Related Topics (5)
European union
171.6K papers, 2.8M citations
87% related
Government
141K papers, 1.9M citations
79% related
Public policy
76.7K papers, 1.6M citations
78% related
The Internet
213.2K papers, 3.8M citations
74% related
Empirical research
51.3K papers, 1.9M citations
72% related
Performance
Metrics
No. of papers in the topic in previous years
YearPapers
2023836
20221,824
2021129
2020188
2019245
2018280