Directive

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

The New Copyright in the Digital Single Market Directive: A Critical Look

Abstract: This article provides an overview and critical examination of the new Directive on copyright and related rights in the Digital Single Market. Despite some positive aspects, the Directive includes multiple problematic provisions, including the controversial new right for press publishers and the new liability regime for content-sharing platforms. On balance, the Directive denotes a normative preference for private ordering over public choice in EU copyright law, and lacks adequate safeguards for users. It is also a complex text with multiple ambiguities, which will likely fail promote the desired harmonization and legal certainty in this area.

National Parliaments' Third Yellow Card and the Struggle over the Revision of the Posted Workers Directive

Abstract: The Treaty of Lisbon strengthened the role of national parliaments in the EU legislative process by creating the Early Warning System. This procedure offers them the possibility to send reasoned opinions to the European Commission if they have subsidiarity concerns about a legislative proposal. Since 2009 the necessary threshold (i.e. one third of the total number of votes) has only been reached three times. The most recent of these 'yellow cards' was triggered by the Commission's proposal to revise the Posted Workers Directive, an event that allows us to shed some light on how national parliaments use this mechanism and how the European Commission has reacted. The subsidiarity concerns were rejected by the Commission and the legislative process continues despite deep divisions between old and new Member States over the controversial policy issue of revising the Posted Workers Directive.

The revised European Directive 2020/2184 on the quality of water intended for human consumption. A step forward in risk assessment, consumer safety and informative communication.

Abstract: Water is an indispensable element for humankind and indeed all living beings; as such it is essential that it be supplied in adherence with safety and security criteria so as to fulfill its primordial role in community development. Therefore, the European Union has issued a new Directive on drinking water, updating the previous one (98/83/EC). The main new features of the updated Directive issued on January 12, 2021 include: • The adoption of a risk-based approach, in accordance with the principles of the Water Safety Plan, along the entire supply chain including the domestic system from the meter to the tap; • The updating of some quality standards, mainly related to the introduction of new parameters and the modification of parameter values for some in a more restrictive sense and for others in more permissive terms; • The identification of possible emerging pollutants present in supply sources (catchment areas); • The demand for effective and transparent communication to citizens on the quality of the water supplied, necessary to foster consumer confidence in the mains water supply. The Directive is the first European legislation adopted following a European Citizens' Initiative (ECI), a European Union participatory democracy tool launched through the "Right2Water" initiative aiming to positively affect the environment. Indeed, the increased consumer confidence in tap water resulting from the desired improvement in communication to citizens should lead to a gradual reduction in the use of plastic water bottles. In addition, the Directive confirms what WHO has been reporting for some time through its Water Safety Plans. It is not limited to monitoring activities but also reproposes and promotes a generalised safety approach based on risk identification and management along the entire drinking water supply chain (from the catchment area to extraction, treatment, storage including distribution). The revised Directive will become the reference standard for the quality of water intended for human consumption in EU countries, and its entry into force will make it possible to minimise the harmful impacts of pollution on human health.

Shareholder Passivity, Cross-Border Voting and the Shareholder Rights Directive

Abstract: This paper focuses on the low cross-border turnout of shareholders at shareholder meetings of European issuers. It presents the data that are available on cross-border voting and examines the reasons behind the low cross-border turnout, in relative terms. Opposing the traditional view among US law and economics scholars, this paper holds that law matters in the efforts to facilitate cross-border voting. This is particularly true for procedural requirements. Thus, legislative action, such as the Shareholder Rights Directive, may indeed have beneficial effects on voting turnouts across Europe. The impact of the Shareholder Rights Directive on procedural costs of shareholders is examined in the second part of the paper. The Directive seeks to lessen procedural costs through the use of the internet. While it does not force a kick-start of EUMember States into the digital age, it constitutes a significant step forward in harmonising the procedure of shareholder meetings across Europe. From a procedural point o...