Directive

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

The Good, the Bad and the Ugly in EU Migration Law: Is the European Parliament Becoming Bad and Ugly (The Adoption of Directive 2008/115: the Returns Directive)?

Abstract: Historically, the European Union has had a dichotomy between the liberal view in immigration management represented by the Parliament (‘the good’) and the Commission (‘the ugly’), and the conservative approach embodied by the Council (‘the bad’). This article deals with the first important immigration instrument adopted under co-decision: Directive 2008/115 (the so-called ‘Returns Directive’). This Directive has received a great deal of criticism addressed to the European Parliament in its approval of the text negotiated with the Council in the first reading, without introducing a single amendment. This behaviour has cast doubts as to whether the future involvement of this institution will result in a more migrant-friendly approach in the European Union. The reasons why the European Parliament voted in favour of the Directive will be analysed in the following pages. But first, a question arises: Is the European Parliament becoming ‘bad’ and ‘ugly’ or has its involvement improved the Council’s position in a way which would not have been possible without its participation? This is the main issue that this article, in the following pages, will try to answer by analysing the different steps in the adoption of the Directive from the Commission proposal until its official publication.

Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005

Abstract: (1) Pursuant to Article 3(1)(c) of the Treaty, the abolition, as between Member States, of obstacles to the free movement of persons and services is one of the objectives of the Community. For nationals of the Member States, this includes, in particular, the right to pursue a profession, in a self-employed or employed capacity, in a Member State other than the one in which they have obtained their professional qualifications. In addition, Article 47(1) of the Treaty lays down that directives shall be issued for the mutual recognition of diplomas, certificates and other evidence of formal qualifications.

Involving the Public in Catchment Management: An Analysis of the Scope for Learning Lessons from Abroad

Abstract: Scholars have tended to treat the European Union (EU) as an environmental ‘leader’. Yet significant potential nonetheless exists for it to learn lessons in areas such as water policy where it has a long and successful history of involvement. The EU's Water Framework Directive (2000) imposes potentially far reaching requirements on its Member States to enhance public participation in the process of catchment management. However, to date, its implementation has been highly variable across and even within individual states. As the EU starts to revise the original Directive, thoughts will turn to how the current situation could be improved. One potentially productive avenue, which has not yet been fully explored, is to draw lessons on public participation from comparable multi-levelled governance contexts such as in the USA and Australia, where public engagement has arguably been more advanced. Drawing on theoretical accounts of the most likely facilitators and obstacles to lesson drawing, this paper assesses the scope for transfer. It finds that while the EU could potentially learn from these jurisdictions, there are likely to be significant obstacles in practice. These should be born in mind by would-be policy learners.