Directive

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

Corporatist Tendencies in the Euro-Polity: The EU Directive of 22 September 1994, on European Works Councils

Abstract: The central aim of the 1994 European Works Councils directive is to establish institutions in transnational enterprises with the explicit purpose of improving the rights of the employees to information and consultation in general, and to information concerning 'transnational questions which significantly affect workers' interests' in particular. Historically, the directive is placed within the context of reform demands from the social democratic mainstream in international trade unionism dating back to the 1960s. Since Commission proposals for such a directive had been strongly opposed and successfully defeated by employer interests, especially UNICE, for a long time, the actual adoption of the directive in September 1994 came as a cold shower for these interests. The development of the tripartite power relationship between the Commission and the peak organizations of labour and capital at European level in the tug of war up to the final adoption of the directive seems to indicate the emergence of a pecul...

Avoiding another directive: the unstable politics of European Union cross-border health care law.

Abstract: The European Union’s (EU) 2011 Directive on cross-border patient mobility codifies the right of any EU citizen to travel abroad for treatment and be reimbursed on the same terms as they would be at home. Governments hoped it would end the string of court cases that had reshaped EU health law but this article argues that it is likely to produce yet more judicial challenges. Patient mobility is an attractive idea with unclear definitions and divergent implementation. In many cases, providers, insurers and governments will not communicate and leave the patient with a bill – almost daring the patient to sue, and the courts to make more policy. Governments should try to prevent this by investing in coordination and alternative redress for patients who might otherwise sue.

Shaking the normative foundations of EU equality law : evolution and hierarchy between market integration and human rights rationales

Abstract: With the adoption of the Race Equality Directive (2000/43/EC), the Framework Directive (2000/78/EC) and the Gender Directive on goods and services (2004/113/EC), the landscape of EU non-discrimination law has changed dramatically. From a medium to advance market integration, non-discrimination has evolved toward a genuine fundamental right of equality. However, the Court of Justice’s efforts to give substance to this general principle of equal treatment have met political backlash. At the same time, while advancing the principle of equal treatment, the reforms have also instilled hierarchy within equality. More than sixteen years after the first comprehensive reforms, in a climate of political mistrust towards the EU, it is unlikely that new legislation will level off the ground. Today, how has the interplay of market-based and fundamental-rights-based rationales transformed the advancement of the principle of non-discrimination in Europe? This paper first examines the shift operated in the EU transformative equality enterprise, from a legislative and adjudicative focus towards a focus on enforcement, as a response to pushback. Second, the paper argues that the interplay between an instrumental market-based and an imperative rights-based understanding of equality, underlying this pushback, has transformed non-discrimination into a hybrid but effective principle. The third section, however, puts forward that the existence and effectiveness of this principle of non-discrimination is threatened by several lines of hierarchy within the European equality monument.