Directive

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

Workers on the Board of the European Company

Abstract: The European Company Statute and its accompanying Directive on worker involvement in the European Company (SE) hold out the prospect of employee influence over the composition of the board of directors of the SE and even of representation on it. This article explores a number of issues which arise in the course of assessing whether that potential is likely to be realised. First, there is the question of whether the SE, which is an optional form of incorporation, will prove attractive to the managements of large companies. Second, the Directive normally requires board level participation in the SE only where this was required of a substantial proportion of the workforce who are to be employed in the SE. How does this ‘before and after’ principle work? How does the Directive deal with situations where only a part of the workforce was previously subject to mandatory worker participation? Where there is a choice between not permitting the SE to be used as an escape mechanism from national requirements and imposing participation on workers and management who were not previously subject to it, how is that choice made? Finally, how far may the employee representatives either unilaterally or in agreement with management choose something different from what the ‘before and after’ principle would require?

Energy Management in the Operation of Enterprises in the Light of the Applicable Provisions of the Energy Efficiency Directive (2012/27/EU)

Abstract: One of the ways to sustain development is striving for energy efficiency. This is the purpose of directive 2012/27/EU on energy efficiency, which aims at explaining and promoting energy–saving and ecological solutions that allow increasing the output of consumed energy. Several years after implementation, it is possible to assess the directive’s usefulness and completeness in a few areas of the economy, in particular in the operation of enterprises, which substantially contribute to the global energy consumption. Therefore, the purpose of the study was defined as an assessment of the execution of the concept of energy efficiency in business operations in EU countries, in accordance with the assumptions of directive 2012/27/EU. The collected raw data were derived from surveys gathered in the process of public consultations of the European Commission regard directive 2012/27/EU on energy efficiency. Resulting observations were analysed using the basic methods of descriptive statistics, along with a factor analysis. A logistic regression model was applied to identify the dependencies between the provisions of the directive and the motivation of enterprises to manage energy. As a result of conducted analyses, conclusions were drawn up concerning the assessment of the content of the directive in regard to activities undertaken by EU enterprises to the favour of effective energy management. Obtained results suggest that there is a need to introduce changes in the provisions of the directive, preceded by consultations with the EU business environment. The analysed literature concerning this issue demonstrates that the effectiveness of energy management is taken into consideration from this angle for the first time in our studies.

The revised EIA Directive – possible implications for practice in England

Abstract: Whilst environmental impact assessment (EIA) in England overall can be said to be of a good to satisfactory quality, we believe that the revised EIA Directive will be able to strengthen it further by addressing gaps with regards to the consideration of alternatives, climate change mitigation and adaptation, the consideration of accidents and disasters along with human health, land and biodiversity. Some challenges, however, are likely to remain, for example, with regards to penalties for non-compliance and a scoping stage that will remain optional. The biggest unknown at the time of writing this article however is whether or not the UK will remain in the EU, giving rise to some considerable uncertainties.

The lack of advance directives among hospice patients.

Abstract: This study reported a lower than expected prevalence of advance directives among hospice patients. The presence of an advance directive was related to certain sociodemographic factors, diagnosis, and previous physician-patient advance directive discussions. Barriers that precluded the completion of an advance directive primarily involved a lack of physician-patient advance directive discussions or a lack of patient understanding. This study confirmed the importance of physician-patient discussion toward completion of an advance directive. Improving physician-patient communication about this issue should increase the prevalence of advance directive completion among hospice patients.

Kücükdeveci: Mangold Revisited – Horizontal Direct Effect of a General Principle of EU Law: Court of Justice of the European Union (Grand Chamber) Judgment of 19 January 2010, Case C-555/07, Seda Kücükdeveci v. Swedex GmbH & Co. KG

Abstract: On 22 November 2005 the European Court of Justice (hereafter, the Court) rendered its Mangold-ruling on Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (hereafter, Directive 2000/78). The most striking part of this judgment, rendered in a private dispute, was the following conclusion:Community law and, more particularly, Article 6(1) of (…) Directive 2000/78/EC (…) must be interpreted as precluding a provision of domestic law such as that at issue in the main proceedings (…) It is the responsibility of the national court to guarantee the full effectiveness of the general principle of non-discrimination in respect of age, setting aside any provision of national law which may conflict with Community law, even where the period prescribed for transposition of that directive has not yet expired.The judgment evoked a great amount of criticism from the media, academia, several advocates general and the member states.