Directive

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

Much Ado about Little – Privately Litigated Internet Disconnection Injunctions

Abstract: In this article we examine the legal framework of the European Union for injunctions against intermediaries whose services are used by a third party to infringe an intellectual property right, as set forth in the InfoSoc Directive and the Enforcement Directive. In particular, we consider the conditions to apply for the injunctions, taking into account how those conditions have been construed by the CJEU. We explore which is the minimum floor of injunctive relief Member States are obliged to provide under the Directives, as well as the maximum ceiling allowed, beyond which the protection granted would infringe upon the limits imposed by EU law. Next, we move on to consider particular types of injunctions that right holders may apply for against intermediaries on the basis of Art. 8(3) of the InfoSoc Directive, namely those that would consist of enjoining an ISP from providing Internet access to one of its users allegedly engaging in copyright infringement. A case already decided in Spain, Promusicae et al. v. R Cable y Telecomunicaciones Galicia, granting such an injunction serves us as a study case to assess the problems these remedies face. On the one hand, these privately litigated Internet disconnection injunctions may be seen by right holders as a promising tool to fight online copyright infringement – perhaps an alternative to unsuccessful graduate response schemes. However, as we show in this article, these injunctions raise serious issues regarding their compatibility with the EU Charter of Fundamental Rights. Indeed, the possibility of effective injunctions of this kind which conform with human rights turns out to be very narrow. In other words, the Directive’s provisions promise much, but if applied correctly, they deliver little.

The importance of advance directives in primary care

Abstract: The advance directive has been acknowledged widely by patients and physicians as a desirable tool to promote patient autonomy at the end of life. Rates of completion of advance directives, however, remain low among all segments of the population. Significant patient and physician barriers to completion of advance directives are considered. Legal and ethical principles of advance directives, as well as some practical means of overcoming barriers to these important discussions, are reviewed.

Deposit Protection in the EU: State of Play and Future Prospects

Abstract: More than ten years have passed since the European Commission adopted Directive 94/19/EC on deposit guarantee schemes. The Directive laid the foundations for general harmonisation of deposit insurance across the European Union (EU) Member States (MSs), requiring them to legally set up deposit guarantee schemes by a specified deadline. Based on minimum harmonisation, the Directive left it to MSs to develop their own deposit insurance systems in terms of, for example, definition of eligible deposits, level of cover, types of funding mechanism, and calculation of members’ contributions. This autonomy has resulted in quite divergent evolution of deposit guarantee schemes and gives rise to a series of possible problems, which were the subject of the European Commission's review of the Directive in 2006. This paper overviews the current state of deposit insurance across the EU, highlights the main controversial issues that cause disparities in the implementation of deposit insurance between MSs (eg the definition of eligible deposits, the level of cover applied, the implementation of topping-up arrangements, the types of funding mechanism), and discusses the pros and cons of further harmonisation.

An environmental assessment framework with respect to the Requirements of Energy-using Products Directive

Abstract: From August 2007, all member states of the European Union are required to enforce a new directive, 2005/32/EC, that affects any products that rely on any forms of energy as the source for operation. These products are referred to as energy-using products (EuPs), and the said directive (EuP directive) aims to achieve a higher level of environmental benefits by considering the environmental impacts throughout their whole life cycle. The EuP directive sets out to establish an outline for the eco-design requirements for EuPs. In this regard, environmental assessment, or more specifically life-cycle assessment, is the most fundamental tool to help manufacturers comply with the directive. This paper aims to discuss the background of the EuP directive and to propose a framework for assessment with respect to the directive, based on a pilot study with four products. One of these four products will be employed to demonstrate the application of the framework.