Directive

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

A Country-Comparative Analysis of the Transposition of the EU Non-Financial Directive: An Institutional Approach

Abstract: CSR practices and reporting vary across countries and companies. Accouting studies using institutional theory show that even where there are coercive pressures to converge, local practices and traditions are other types of pressures that play a role in maintaining divergence. Similarly, legal studies indicate that harmonisation attempts made by the European Union are usually challenged by States attempting to maintain the status quo of the local context, and this may also apply to CSR reporting harmonization. This research investigates whether or not the institutional pressure toward non-financial reporting harmonization represented by the Directive/2014/95/EU led to convergent behaviours between Member States, at least at the transposition stage. Transposition laws in Member States where CSR has historically played a limited role (i. e. Romania and Bulgaria) are compared with those issued by countries where CSR traditions are much more well developed (France, Belgium and the UK). The analysis focuses on how both mandatory and discretionary requirements have been transposed at a national level. The transposition outcome is analysed in the face of economic-, government- A nd society-related factors of each country and results show that on several occasions, divergence is catalysed by differences in national business systems. This is aligned with the results of previous studies (e. g. Jamali and Neville, 2011), which argue that historical, cultural, economic and political local contexts mould the CSR conceptualisation existing in a given country, and therefore the convergence of different CSR practices is only apparent.

Open exchange of scientific knowledge and European copyright: The case of biodiversity information

Abstract: A legal license refers to the use of protected works allowed by law, normally linked to a levy. Legal licenses supersede individual data use agreements. Extended collective licenses are agreements between a qualified user (e.g. a library) and a national collecting society which represents a considerable number of national right-holders. The figures in the first line refer to the following provisions: Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society. Article 5.2: Member States may provide for exceptions or limitations to the reproduction right provided for in Article 2 in the following cases: (c) in respect of specific acts of reproduction made by publicly accessible libraries, educational establishments or museums, or by archives, which are not for direct or indirect economic or commercial advantage Article 5.3. Member States may provide for exceptions or limitations to the rights provided for in Articles 2 and 3 in the following cases: (a) use for the sole purpose of illustration for teaching or scientific research, as long as the source, including the author’s name, is indicated, unless this turns out to be impossible and to the extent justified by the non-commercial purpose to be achieved. (n) use by communication or making available, for the purpose of research or private study, to individual members of the public by dedicated terminals on the premises of establishments referred to in paragraph 2(c) of works and other subject-matter not subject to purchase or licensing terms which are contained in their collections Directive 2001/29/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases. Article 9 Exceptions to the sui generis right: Member States may stipulate that lawful users of a database which is made available to the public in whatever manner may, without the authorization of its maker, extract or re-utilize a substantial part of its contents: (b) in the case of extraction for the purposes of illustration for teaching or scientific research, as long as the source is indicated and to the extent justified by the non-commercial purpose to be achieved

EC Study on Implementation of Data Protection Directive 95/46/EC

Abstract: The report presented here contains the findings, analyses, conclusions and recommendations of a study into the implementation of EC Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the main EC Data Protection Directive) by the then 15 EU Member States, carried out by the author between October 2001 and September 2002 on behalf of the University of Essex, under a study contract with the European Commission. As presented here, the report consists of three parts, with the first part itself divided into two, as follows: *Part I.A of this report provides a comparative summary and analysis of the national legal provisions on data protection in the 15 Member States, by reference to (all) the articles in the Directive which must be implemented by the Member States (Articles 1 - 28) and broadly in the order of those articles (see the contents page to Part I.A for details). *Part I.B focusses on the implications for the internal market of the divergencies between the national laws, identified in Part I.A, and notes certain constitutional issues and certain matters concerning non-EU controllers. *Part II deals with the processing of sound and image data and with the future of personal data processing and of data protection. *Part III contains a summary, conclusions and recommendations. Some controversial aspects of this work, which led the Commission to accept and publish only the Comparative Summary (i.e., Part 1.A), are explained in an introductory note "About This Report", at the beginning of the paper. The report is presented here in the form in which it was attached to my book on Data Protection Law in Practice in the EU, FEDMA/DMA-USA, Brussels/New York, 2005, ISBN 1-931361-49-5.

The French debate over the Bolkestein directive

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.