Directive

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

The Adequacy of Privacy: The European Union Data Protection Directive and the North American Response

Abstract: The recently passed European Directive on the Protection of Personal Data aims to harmonize European data protection law at a higher level of protection than exists now. It represents a European consensus on a standard for personal privacy and a model for countries without data protection laws. The protracted process for agreement and ratification, however, has produced a document with many derogations and ambiguities, reflecting the wider moves towards ''subsidiarity'' within the European Union. Of concern to North America is the stipulation that transborder data flow may not be permitted unless the receiving country can demonstrate an ''adequate'' level of protection. While the process through which this provision will be interpreted and applied is so far found to be complicated and unclear, nevertheless European authorities will be reluctant to tolerate ''data havens,'' a fact that should concern North American business that relies on the unimpeded flows of personal data from and to Europe. Neither Can...

Advance directives for mental health care: an analysis of state statutes.

Abstract: State statutes enabling individuals to draft written durable advance directives for health care have approached future decisions about mental health care and treatment in several quite different ways. While some states incorporate mental health care into the generic advance directive law, others exclude some kinds of mental health care from the generic law, and a growing number of states have established distinct processes for mental health directives. The author surveys the state statutes and examines the extent to which the statutes may create barriers to the use of advance directives by people with mental illness.

Study on the Implementation and Effect in Member States' Laws of Directive 2001/29/EC on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society

Abstract: This study, commissioned by the European Commission, examines the application of Directive 2001/29/EC in the light of the development of the digital market. Its purpose is to consider how Member States have implemented the Directive into national law and to assist the Commission in evaluating whether the Directive, as currently formulated, remains the appropriate response to the continuing challenges faced by the stakeholders concerned, such as rights holders, commercial users, consumers, educational and scientific users. As set out in specifications of the study set out by the Commission, its aim is 'to assess the role that the Directive has played in fostering the digital market for goods and services in the four years since its adoption'. The impact of the Directive on the development of digital (chiefly online) business models, therefore, will be the focal point of our enquiry throughout this study.

Evaluating the implementation of the Nitrates Directive in Denmark and England using an actor-orientated approach

Abstract: The Nitrates Directive (91/676/EEC) was adopted to address the issue of water pollution caused by nitrate derived from agricultural practices across the European Union (EU). This study evaluates the implementation of the Nitrates Directive by considering the perspectives of respondents from significant actor groups involved in the policy implementation process in Denmark and England. Structured field interviews were conducted and discovered that Nitrate Vulnerable Zone (NVZ) designation in England was a lengthy and inefficient process compared with that in Denmark. Generally, respondents from both countries considered that whole country designation was a more effective policy instrument than designation of discrete zones. Denmark's Action Programme measures reflected the severity of its water quality problems and go beyond the demands of the Nitrates Directive. The respondents recognized that Denmark's strict measures have led to a reduction in nitrate leaching and a decline in nitrate concentrations in streams from cultivated catchments. England's current Action Programme measures do not demand any substantial changes to farming practice and so have limited potential to reduce nitrate losses. This study concludes that a number of vague and ill prepared guidelines within the Nitrates Directive undermine its ability to protect water quality adequately, and hence current implementation of the Water Framework Directive (WFD) is an opportunity to re-shape water policy in relation to nitrate. Copyright © 2007 John Wiley & Sons, Ltd and ERP Environment.

European Rule-making in Accounting: The Seventh Directive as a Case Study

Abstract: This paper analyses EC rule-making, using the Seventh Directive as a case study. Three stages of a Directive's life are identified, with different key players taking the lead. The paper analyses the evolution of the Seventh Directive up to its adoption in 1983, looking at 19 key features. The adopted Directive is close to previous UK consolidation practices, but investigation shows that, from its origins in the late 1960s to the published drafts of the late 1970s, it showed clear German parentage. The coalition of forces leading to the major changes from German to UK practices is examined.