Directive

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

The E.C. directive on rental and lending rights and on piracy

Abstract: Section 1: The evolution of the Directive. Section 2: Commentary on the Articles of the Directive. Section 3: The position in the Member State Section 4: The position in the EFTA Countries. Section 5: The Position at International leval The Directive as compared to International conventions, the Directive in the light of International activities.

European Initiatives in the Protection of Victims of Trafficking Who Give Evidence Against Their Traffickers

Abstract: The trafficking of people, in particular the trafficking of women and children for the sex trade, is one of the most serious challenges to basic human rights in Europe. In the context of increasing awareness of the practice and initiatives to address it, the European Commission has published a proposal for a Directive on short-term residence permits for those who give evidence against their traffickers. The Directive is unlikely to succeed if adopted in its current format because it offers too little to the victims. In particular there are insufficient guarantees concerning a possible right to remain on the territory after legal proceedings have been completed. Consequently, victims are offered insufficient incentive to give evidence, an act that may expose them to further risk from the traffickers or their associates. Some protection may be available under other instruments and these must be taken into account in assessing the position of victims.

Cryptocurrencies and anti-money laundering: the shortcomings of the fifth AML Directive (EU) and how to address them

Abstract: Virtual currencies pose a serious threat to be used for money laundering, weakening the European Union’s financial system. Directive (EU) 2018/843 (the fifth anti-money laundering Directive) intends to mitigate these risks by introducing a definition of virtual currencies within Union law. Some service providers connected to virtual currencies are made subject to anti-money laundering law. Member States are required to transpose this Directive into national law by January 2020. Consultations on national level are currently ongoing. This article analyses how the Directive applies to current forms of cryptocurrencies, their adjacent services and intermediaries. It highlights the Directive’s imprecise wording as well as its limited scope. If Member States transpose it verbatim, they will create legal uncertainty and loopholes for relevant entities. Therefore, this article seeks to contribute to the national consultations of Member States by providing concrete legislative recommendations on how to fix the Directive’s shortcomings.

The EU Asylum Qualification Directive, its Impact on the Jurisprudence of the United Kingdom and International Law

Abstract: In April 2004, the Council of the European Union adopted a Directive on minimum standards for the qualification of foreigners as refugees and the content of the protection granted. This article discusses the likely impact of this Directive on the jurisprudence of the United Kingdom relating to asylum. It recognises that some provisions in the Directive could be used by the member states as a way of lowering their existing standards. It also finds that in some places the Qualification Directive provides less in terms of protection than the Convention Relating to the Status of Refugees (or the European Convention on Human Rights) itself. This leads us to examine the relationship between EU law and international law, in particular in cases where the lowering of standard by a member state entails the violation of an international treaty, and the European Court of Justice is required to examine the legality of the Directive (and of national implementation measures) in light of international law. What is the relationship between the Qualification Directive and international law? Are the national courts and the European Court of Justice obliged to apply the Convention Relating to the Status of Refugees in cases of conflict between it and the Qualification Directive? This article answers these questions by drawing comparison with the relationship between EU law and the GATT/WTO law. It finds that the doctrine of direct effect is going to be central to the relationship between the Qualification Directive and the Convention Relating to the Status of Refugees. It concludes by considering the function of the Convention Relating to the Status of Refugees following the entry into force of the Qualification Directive.

Critical analysis of the European Union directive which regulates the use of biofuels: An approach to the Spanish case

Abstract: For more than a decade we have lived in a period where the so-called “sustainability” is crucial and is motivated primarily by the social awareness of achieving a balance between human development and the conservation of the environment. This philosophy has a direct and inevitable impact on business and politics. Governments have long since been developing standards and encouraging various diverse initiatives whose aim is to defend the environment. In recent times, the global debate on the environment has been centred on CO2 emissions. This gas is the major cause of the “greenhouse effect” and people are more concerned with the idea that the emissions of this gas should be minimized. As a result of this concern, the Kyoto Protocol was enacted and subscribed to by many countries, setting the maximum gas emissions for them. Fossil fuels are a major source of CO2 emissions. In 2003 the European Union (EU) directive 2003/30/EC [2003/30/EC Directive of the European Parliament and the Council—8th may 2003. On the promotion of the use of biofuels or other renewable fuels for transport] was developed with the aim of promoting the use of biofuels as a substitute for diesel or petrol among European Union countries as well as to contribute to fulfilling the commitments on climate change, security of supply in environmentally friendly conditions and the promotion of renewable energy sources. In order to achieve these goals, the directive forces all EU members to ensure that at least 5.75% of all petrol and diesel fuels sold for transport purposes are biofuels before December 31 of 2010. European Union countries have social and economic characteristics unique to themselves. The energy dependence from foreign sources, the features of the agricultural sector or the degree of industrialization varies greatly from one country to another. In this context, it is questionable whether the obligation imposed by this directive applies to achieve uniform and/or identical goals in each of the countries involved and whether the actions of the various governments are also aligned with these goals.