Distribution by Scientific Domains
Distribution within Humanities and Social Sciences

Kinds of Directive

  • advance directive
  • eu directive
  • eu water framework directive
  • european union directive
  • european union water framework directive
  • european water framework directive
  • european work time directive
  • framework directive
  • habitat directive
  • time directive
  • union directive
  • union water framework directive
  • water framework directive
  • work time directive

  • Terms modified by Directive

  • directive strategy

  • Selected Abstracts


    METROECONOMICA, Issue 4 2004
    Volker Meier
    ABSTRACT The consequences of an increase in the minimum wage for foreign workers in the construction sector, implied by the EU Posted Workers Directive, are analyzed. Due to the rising price of construction services, the factor demand for both construction services and capital in the tradeable good sector falls, and the wage rate in this sector declines. While the share of domestic workers increases with respect to both foreign workers and capital in the construction sector, this need not suffice to reduce unemployment. A possible higher level of employment of natives is not sufficient to raise natives' welfare. [source]

    Cobalt release from inexpensive jewellery: has the use of cobalt replaced nickel following regulatory intervention?

    CONTACT DERMATITIS, Issue 2 2010
    Jacob Pontoppidan Thyssen
    Background: Before the introduction of the EU Nickel Directive, concern was raised that manufacturers of jewellery might turn from the use of nickel to cobalt following the regulatory intervention on nickel exposure. Objectives: The aim was to study 354 consumer items using the cobalt spot test. Cobalt release was assessed to obtain a risk estimate of cobalt allergy and dermatitis in consumers who would wear the jewellery. Methods: The cobalt spot test was used to assess cobalt release from all items. Microstructural characterization was made using scanning electron microscope (SEM) and energy-dispersive spectroscopy (EDS). Results: Cobalt release was found in 4 (1.1%) of 354 items. All these had a dark appearance. SEM/EDS was performed on the four dark appearing items which showed tin,cobalt plating on these. Conclusions: This study showed that only a minority of inexpensive jewellery purchased in Denmark released cobalt when analysed with the cobalt spot test. As fashion trends fluctuate and we found cobalt release from dark appearing jewellery, cobalt release from consumer items should be monitored in the future. Industries may not be fully aware of the potential cobalt allergy problem. [source]

    Hapten,protein binding: from theory to practical application in the in vitro prediction of skin sensitization

    CONTACT DERMATITIS, Issue 4 2005
    Maja Divkovic
    In view of the forthcoming European Union ban on in vivo testing of cosmetic and toiletry ingredients, following the publication of the 7th amendment to the Cosmetics Directive, the search for practical, alternative, non-animal approaches is gathering pace. For the end-point of skin sensitization, the ultimate goal, i.e. the development and validation of alternative in vitro/in silico assays by 2013, may be achieved through a better understanding of the skin sensitization process on the cellular and molecular levels. One of the key molecular events in skin sensitization is protein haptenation, i.e. the chemical modification of self-skin protein(s) thus forming macromolecular immunogens. This concept is widely accepted and in theory can be used to explain the sensitizing capacity of many known skin sensitizers. Thus, the principle of protein or peptide haptenation could be used in in vitro assays to predict the sensitization potential of a new chemical entity. In this review, we consider some of the theoretical aspects of protein haptenation, how mechanisms of protein haptenation can be investigated experimentally and how we can use such knowledge in the development of novel, alternative approaches for predicting skin sensitization potential in the future. [source]

    Environmental supply chain management, ISO 14001 and RoHS.

    How are small companies in the electronics sector managing?
    Abstract This study explores the use of environmental management systems for initiating and controlling environmental improvements in the context of supply chain cooperation. It examines how environmental requirements are reaching smaller companies in the electronics supply chain, especially in the light of recent legal changes such as enforcement of the RoHS Directive. It is based on qualitative interviews with environmental and purchasing managers of 21 small and medium-sized companies. The results point out a lack of significant drivers for these companies to implement proactive measures when dealing with environmental issues, owing to limited customer pressure. RoHS and legal compliance are the only environmental customer criteria to be met, while ISO 14001 works as an optional supplier selection criterion. In consequence, companies are not focusing on environmental work within their supply chains, and the potential of influencing the environmental profile of suppliers by shaping their ISO 14001 is not used. Copyright © 2008 John Wiley & Sons, Ltd and ERP Environment. [source]

    Monitoring and predicting channel change in a free-evolving, small Alpine river: Ridanna Creek (North East Italy)

    Rossella Luchi
    Abstract The recent (25 years) morphodynamics of a proglacial reach of the Ridanna Creek, North-East Italy, evolving in the absence of human constraints, has been investigated by means of an intensive field activity and of the analysis of aerial photographs. The study reach mostly displays a braided morphology, with sharp downstream variations of valley gradient, sediment size and formative conditions within the main channel. These discontinuities are associated with different processes of channel adjustment at different timescales, which have been quantified by coupling hydrological with morphological information. Several processes of channel change and variations in braiding intensity have been documented along the whole reach and highlight how a regular, weakly meandering main channel may significantly affect the morphodynamics of the braided network. A first attempt to predict the morphological instability of this main channel at the observed spatial scales through existing linear theories of curved river channels shows a good agreement with field observations. Finally, the complete hydro-morphodynamical characterization of such an undisturbed alpine river reach can provide a relevant contribution to the definition of reference conditions for Alpine rivers required by the EU Water Framework Directive. Copyright © 2007 John Wiley & Sons, Ltd. [source]

    The use of technical knowledge in European water policy-making

    Perry J. M. van Overveld
    Abstract Environmental policy-making often involves a mix of technical knowledge, normative choice and uncertainty. Numerous actors, each with their own distinct objectives, are involved in these policy-making processes. One question these actors face, is how they can effectively communicate their technical knowledge and represent their interests in policy-making. The objective of this paper is to identify the factors that influence the use of technical knowledge and its impact on decision-making in the European Union. This is done for case of water policy-making for organic micropollutants, such as pesticides and pharmaceuticals. These pollutants enter the surface water in many ways and although concentrations are low, adverse effects cannot be ruled out. Via the EU Water Framework Directive, legislation has been developed to reduce the emissions of pollutants that pose a risk to ecology or public health. Using the advocacy coalition framework, the formal EU decision-making processes are analyzed for the identification of priority pollutants (Priority Substances) and the derivation of maximum allowable concentrations (Environmental Quality Standards). To enable a detailed analysis, the focus is on three specific micropollutants that pose health risks via drinking water supply. The findings show the extent to which actors can influence the decision-making process with technical knowledge. Early involvement in the drafting process that is led by the European Commission is important to influence decision-making outcomes. For this, organizational capacity in coalitions to mobilize and coordinate the required targeted contribution of technical knowledge is crucial. Copyright © 2010 John Wiley & Sons, Ltd and ERP Environment. [source]

    Merits of a more integrated approach to environmental assessments

    Elke Weingarten
    Abstract Under the maxim of ,better regulation', the European Commission is aiming to simplify and improve the European regulatory framework in order to reduce bureaucracy and to foster economic growth. Against this background, the integration of requirements presents one option for responding to the challenge of carrying out various environmental assessments stipulated by a number of European environmental directives. Although integrative, cross-sectional approaches have been established by some European directives, such as the Directive on Environmental Impact Assessment, the member states currently make little use of these options when implementing the directives into national law. Based on a review of European directives as well as related German regulations, this article outlines an approach for an integrative environmental assessment that aims to enhance the integrative effects and reduce duplication resulting from different environmental assessments. The investigation shows that the different assessment procedures as outlined by European and German legislation can be successfully integrated without necessarily lowering the standards set by these regulations. Given that the relevant directives are binding for all member states, the proposed assessment structure can easily be applied to other member states and, where necessary, modified to suit national requirements. Copyright © 2010 John Wiley & Sons, Ltd and ERP Environment. [source]

    Interplay of actors, scales, frameworks and regimes in the governance of biodiversity

    Jouni Paavola
    Abstract This article examines the key contributions of the political science and systems theory based literatures on environmental governance, and uses them to analyse the governance of biodiversity in Europe. The article suggests that the key insights of the two bodies of literature are a distinction between governance frameworks and regimes on one hand, and the importance of multifaceted and multiple scales on the other. These key insights draw attention to horizontal and vertical forms of interplay. The article suggests that interplay, both between actors and levels and between frameworks and regimes, is ubiquitous and ambivalent: it can either foster or hinder environmental governance. The article illustrates this discussion in the context of governance of biodiversity in Europe, highlighting how vertical and horizontal interplay between the governance framework for biodiversity and the broader institutional setting or regime have characterized the implementation of the Habitats Directive, both complicating and fostering the governance of biodiversity in Europe. Copyright © 2009 John Wiley & Sons, Ltd and ERP Environment. [source]

    Regional development, nature production and the techno-bureaucratic shortcut: the Douro River catchment in Portugal

    Antonio A. R. Ioris
    Abstract The introduction of the Water Framework Directive in Europe represents a unique opportunity to promote more inclusive strategies for the long-term preservation of (socionatural) water systems. However, the analysis of the Portuguese experience, using the River Douro as a case study, reveals still considerable shortcomings in the assessment of problems and the formulation of solutions. Instead of promoting a meaningful dialogue between social groups and spatial areas, there is a systematic attempt to conform to legal requisites by taking a ,techno-bureaucratic' shortcut that largely reproduces the distortions of previous regulatory approaches. Decisions on water management are part of political disputes about regional development and state reform, such as in relation to the provision of water and electricity by public utilities. Nonetheless, these broader issues have been kept tacitly away from the WFD agenda, which has been concentrated on adjusting established procedures to the (formal) requirements of the new regulation. Copyright © 2008 John Wiley & Sons, Ltd and ERP Environment. [source]

    New alternative and complementary environmental policy instruments and the implementation of the Water Framework Directive

    Andy Gouldson
    Abstract Based on a study conducted for the Environment Agency for England and Wales, we discuss the contribution that new alternative and complementary environmental policy instruments might make to the realization of the objectives of the EU's Water Framework Directive. Following a survey that identified nearly 100 examples where alternative and complementary instruments are currently being applied in the UK, we categorize such instruments as information-based approaches, private and voluntary regulation or support and capacity building measures. Examples are given of each category of instrument before further findings on the preconditions for the successful application of such measures are presented. These preconditions relate to levels of commitment from key groups, levels of stakeholder understanding, the role of the lead actor, the importance of timing, the need to deliver a clear message, the importance of enforcement, the role of the media and the importance of social capital in key networks. We conclude that alternative and complementary measures have significant potential to contribute to the realization of the Water Framework Directive's objectives, but only where these preconditions are met. Copyright © 2008 John Wiley & Sons, Ltd and ERP Environment. [source]

    Where can social learning be improved in international river basin management in Europe?

    Ilke Borowski
    Abstract In recent years, collaborative planning and processes of social learning (SL) have gained increasingly in interest in river basin management. In this paper, we first summarize the prerequisites for SL to take place in collaborative management processes. These are openness, gains and incentives, and a perceived pressure to learn. We then study the European situation subsequent to the introduction of the European Water Framework Directive (2000/60/EC; WFD) as an example. Based on an analysis of policy documents, a case study of the Elbe river basin and an elaboration of concepts related to theories of international regimes, we conclude that the conditions for SL are often not met if management processes are highly formalised. Considering SL that is necessary for innovation and change, this can best be supported through the establishment of parallel "learning processes", such as the Common Implementation Strategy that accompanies implementation of the WFD at European level. Copyright © 2008 John Wiley & Sons, Ltd and ERP Environment. [source]

    Criteria for the assessment of processes for sustainable river basin management and their congruence with the EU Water Framework Directive

    Beatrice Hedelin
    Abstract In order to manage the increasing pressure on the world's water resources, new planning methodologies/processes for sustainable river basin management are currently being developed. For such processes to work well, however, the legal context must allow, or support, such processes. In this study, a set of criteria relating to methodologies/processes for sustainable water management is used to assess the EU Water Framework Directive (WFD). The study suggests that the WFD erects few formal barriers to good planning practices. However, planning processes will need to be adapted to compensate for the weak legal support in a number of important areas, namely the use of knowledge from beyond the natural sciences, the use of methodologies for the explicit handling of values and the use of procedures for democratic participation. In so doing the issues identified here provide a basis for systematic thinking about how to design the necessary planning processes. Copyright © 2008 John Wiley & Sons, Ltd and ERP Environment. [source]

    Implementation of the IPPC Directive and its economic impacts: evidence from the EU steel and glass industry

    Tilmann Rave
    Abstract This paper aims at assessing the likely economic impacts of different approaches to implementation of Directive 96/61/EC on integrated pollution prevention and control (IPPC) by establishing a conceptual framework and by providing empirical evidence from case studies in the EU electric steel and domestic glass industry. The potential economic implications of the IPPC permitting process are analysed from the point of view of individual plants. Both plant- and sector-specific factors and the institutional and regulatory context of IPPC implementation in different member states are taken into account. The paper finds only limited evidence of any adverse competitiveness impacts arising from IPPC implementation. Copyright © 2008 John Wiley & Sons, Ltd and ERP Environment. [source]

    The Water Framework Directive and agricultural nitrate pollution: will great expectations in Brussels be dashed in Lower Saxony?

    Britta Kastens
    Abstract This paper discusses the opportunities and constraints regarding the effective implementation of the European Water Framework Directive (WFD) in the area of diffuse nitrate pollution. Owing to the subsidiarity principle and a new procedural mode of governance, the WFD only sets distinct environmental targets, leaving most decisions on how to operationalize and institutionalize the reduction of diffuse nitrate pollution to the member states. This is a particular challenge for Germany, where lower scale regions have become the main implementers of European water policy. Successful implementation of the WFD, i.e. the actual improvement of water quality, depends on a series of key contextual and contingent factors, operating at a regional scale. In a Northwest German region with intensive agriculture and severe nitrate pollution, we analyse the historical and economic context and actor network of the region as well as the influence of environmental groups on public participation, the potential of biogas technology and new financial options. Besides the specific influence of these factors on the implementation process, we explore the uncertainties and difficulties surrounding European legislation and its operationalization in Germany and on a regional scale. Copyright © 2007 John Wiley & Sons, Ltd and ERP Environment. [source]

    The European Water Framework Directive and economic valuation of wetlands: the restoration of floodplains along the River Elbe

    Jürgen Meyerhoff
    Abstract This paper concerns the economic valuation of riparian wetlands ecological services within the European Water Framework Directive (WFD). The directive is an integrated approach to river basin management in Europe and aims at achieving a good water status for both surface and ground water. It introduces economic analysis as a core part of the development of integrated river basin management plans. However, to date the WFD has not clearly stated to what extent wetlands should be used for the achievement of environmental objectives, or what scope the economic analysis should have. Our study of the river Elbe shows that riparian wetlands provide significant benefits that should be considered in river basin management decisions. To neglect these benefits would lead to biased cost,benefit analysis results and might therefore misguide the decision-making process. Copyright © 2007 John Wiley & Sons, Ltd and ERP Environment. [source]

    The Habitats Directive as an instrument to achieve sustainability?

    An analysis through the case of the Rotterdam Mainport Development Project
    Abstract The Habitats Directive is a key document for the protection of critical natural capital in the European Union. In a manner consistent with the understanding of sustainability in the European Commission, even critical natural capital is subject to trade-offs in favour of economic and social development. This is reflected in Articles 6(3) and 6(4) of the directive. This paper analyses the planning process leading to the approval of the expansion of the port of Rotterdam project , which will significantly affect Natura 2000 , against sustainability criteria. Although it shows that the directive is powerful to promote sustainable planning, the success of the case study was due mainly to elements specific to the particular planning process, namely the use of deliberative public participation mechanisms as well as specific assessment tools. Lessons are drawn and recommendations made to strengthen the Habitats Directive and the national planning processes in relation to projects potentially affecting Natura 2000 sites. Copyright © 2006 John Wiley & Sons, Ltd and ERP Environment. [source]

    ,Sustainable development' as a criterion for the interpretation of Article 6 of the Habitats Directive

    Herwig Unnerstall
    Abstract Article 6(4) of the Habitats Directive requires a weighing up of environmental and economic interests in order to allow for deviation from valid environmental standards. This provision has to be interpreted in the light of the tasks and aims of the European treaties, especially in the light of sustainable development (SD). It is not only a political aim, but was also introduced in the European treaties in 1997 as both legally binding task and goal. This paper develops a comprehensive interpretative understanding of these provisions and their consequences for the application of European environmental law. SD is usually understood as being one aim amongst others and having three dimensions of SD (ecological, social and economic) of equal weight. This concept of equal weight contradicts the idea of a common but differentiated responsibility (CBDR), which is an essential part of SD. The CBDR requires that ,SD' has de facto different meanings in different member states according to their economic development. Therefore, Article 6 of the Habitats Directive may only be applied in those areas of the Community having a development lag. Copyright © 2006 John Wiley & Sons, Ltd and ERP Environment. [source]

    Public and stakeholder participation in European water policy: a critical review of project evaluation processes

    Nuno Videira
    Abstract The recent reform of the European water policy recognizes the importance of developing effective mechanisms to support public and stakeholder participation in river basin decision-making processes. This paper critically reviews the evaluation processes of different types of water related project in five European countries (Portugal, Greece, The Netherlands, the United Kingdom and Spain), with respect to participatory criteria. The horizontal comparison of these cases accounted for criteria such as the political and institutional context, the design, the implementation and the evaluation of the outcomes of participation. The results indicated that, in the majority of the case studies, participation was simply adopted to conform to the requisites of the Environmental Impact Assessment Directive. Thus, there was truly no room for the active involvement and collaboration of the interested parties. The development of guidelines, drawing from the analysis of past experiences, is expected to support the implementation of the participatory objectives of the EU water policy. Copyright © 2006 John Wiley & Sons, Ltd and ERP Environment. [source]

    Implementing the strategic environmental assessment (SEA) Directive in the South West of England

    Clare Brooke
    The South West of England is famous as being an area rich in environmental features and heritage. The tools available to local authorities and other organizations to protect this valued environment are being expanded to include strategic environmental assessment (SEA). SEA is being introduced under a European Community directive, which will be incorporated into UK law in 2004. The directive will require national, regional and local authorities to carry out environmental assessment on certain plans and programmes that they promote. To ensure that the effectiveness of SEA in the South West is maximized, the South West Regional Assembly is working with local authorities and regional partners to consider the implications of the directive, and help the region prepare for its implementation. The aim of the project is to more clearly define the potential for SEA within the South West, examine the barriers that organizations may face when implementing the directive and establish good practice within the region. Work has been carried out to examine specific requirements of the SEA Directive, including the baseline data requirements for undertaking SEAs, and methodological differences between SEA and sustainability appraisals. Existing practice was examined to consider how current planning processes can be adapted to fulfil the requirements of the directive. Case studies were also undertaken to examine the issues around implementing the directive for non-land-use plans, including transport, economic development, waste management, renewable energy and flood management. Copyright © 2004 John Wiley & Sons, Ltd and ERP Environment. [source]

    Energy tax harmonization in the European Union: a proposal based on the internalization of environmental external costs

    Susanna Dorigoni
    Energy tax harmonization represents a fundamental target within the European Union. In fact fiscal harmonization is a crucial step towards the creation of a single market. In this article the possibility of achieving such an objective is discussed. The paper consists of two sections. In the first the European taxation on energy products is analysed. This analysis is useful in showing the differences that exist between the European countries that account for the difficulties met so far in the process of harmonization. In this respect we comment on the recent proposal of the Directive of the European Union, which lays down the obligation of minimum levels of taxation in all European member states. In the second section, after simulating the effects related to the adoption of a common environmental taxation (a first best solution based on the internalization of environmental external costs), we propose, as a second best solution, an excise tax harmonization model taking into consideration the specificity of each country and being, as far as possible, coherent with the environmental objective. This model proposes: the introduction of a minimum level of taxation on all products equal to the external cost due to the greenhouse effect (a common carbon tax); the possibility, given to the member states, of deviating from such minimum levels, in accordance with their specific requirements, internalizing in the price of the different products, by means of taxes additional to that CO2 minimum, the external costs associated with other pollutant agents (the same in all countries); the opportunity, in case it should be necessary to exceed the entire external cost, for the member states to apply increases that are in accordance with the environmental objective. Copyright © 2002 John Wiley & Sons, Ltd. and ERP Environment [source]

    The need for adaptability in EU environmental policy design and implementation

    Matthieu Glachant
    Is the application of the EU environmentally policy satisfying in the field? In particular, are the environmental objectives set in the directives met? This paper explores the issue of the effectiveness of the European environmental policy. It is based on the results of a recent study, which has consisted in evaluating the implementation of three pieces of EU environmental legislation in France, Germany, Netherlands and United Kingdom. The legislation studied was Directive 89/429 regulating atmospheric emissions from domestic waste incinerators, Directive 88/609 dealing with SO2 and NOx emissions from large combustion plants (LCPs) and Council Regulation 1836/93 concerning the voluntary participation of industrial companies in an EU Eco-Management and Audit Scheme (EMAS). The result of the study suggests that simply posing the problem in terms of ,implementation deficit' is not sufficient. In fact, over-compliance with directive goals is even observed in certain cases. By contrast, the evaluation suggests the prevalence of interactions between the considered implementation process and other parallel policy processes at the implementation stage. The study shows that this interplay between policies has a huge impact on implementation environmental results, which can be either positive or negative. Based on this statement, an important question for EU policy is how implementation can efficiently cope with such interactions, which means finding ways to maximize potential synergies, or alternatively to reduce inconsistencies, with the other policy components. Given that policy interactions are difficult to predict at the policy formulation stage of the policy, adjustments necessarily occur at the implementation stage. In this context, implementing EU environmental policy requires policy systems able to adjust at low costs. In this paper, this property is called adaptability and is given a precise content. Copyright © 2001 John Wiley & Sons, Ltd. and ERP Environment [source]

    The implementation of international nature conservation agreements in Europe: the case of the Netherlands

    Graham Bennett
    Nature conservation policy in European countries is increasingly determined by the requirements of a wide range of international agreements. The most important are two EU directives (the Birds Directive and the Habitats Directive) and four conventions (the Ramsar Convention, the Bern Convention, the Bonn Convention and the UN Convention on Biological Diversity). The main foci of these instruments are habitats and species that are of international importance or require international cooperation to secure their effective conservation. Despite the importance of these habitats and species, implementation of the instruments has been uneven. The Netherlands provides a interesting example of implementation issues. The legislation necessary to enable the government to legally designate areas that have to be protected under the Birds Directive was only adopted in 1998, 17 years after the deadline fixed by the directive. This legislation has enabled the government to nominate areas for designation under the Birds and Habitats Directive. However, not all the sites that fall under the criteria of the Directives have been included in the list, and the legislation does not include the required provision concerning compensation for areas that are protected under the Habitats Directive and then damaged by activities that are authorized in the public interest. In the case of the Ramsar Convention, the government is planning to increase the number of designated sites, but the total number of sites will still represent inadequately the types of wetland of international importance that are found in the Netherlands. Despite this uneven implementation, the instruments , particularly the EU Directives , are having far-reaching effects on nature conservation in Europe. The most important consequences are that ecological considerations are the sole and absolute criteria for determining whether a site should be protected under the EU Directives and that many areas that until now only enjoyed limited protection under the spatial planning system now have to be legally protected from virtually all forms of damage. However, in practice many development plans take only limited account of the biodiversity conservation requirements implied by international conventions. Copyright © 2001 John Wiley & Sons, Ltd. and ERP Environment [source]

    Protocols for the diagnosis of quarantine pests,

    EPPO BULLETIN, Issue 3-4 2000

    EPPO member countries have recognized the need for a harmonized approach to detection and identification methods for quarantine pests. In 1998, EPPO started anew project to prepare diagnostic protocols for the quarantine pests of the EPPO region. The work is conducted by the Panel on Diagnostics, which is under the authority of the Working Party on Phytosanitary Regulations. The Panel consists of 10 experts in different fields. When necessary, expert groups on specific disciplines are called upon. The Panel agreed on a suitable common format for the protocols and a procedure for producing the best quality of diagnostic protocols. As there are about 325 quarantine pests for the region (listed in the EPPO A1 and A2 lists of quarantine pests and in the Annexes of EU Directive 77/93), it was necessary to decide upon a priority list of the organisms for which protocols should be developed first. At the moment, 52 protocols are at different stages of preparation. [source]

    Race Equality and TCNs, or How to Fight Discrimination with A Discriminatory Law

    EUROPEAN LAW JOURNAL, Issue 6 2009
    Sara Benedí Lahuerta
    Two subjects often fit with difficulty in ,Fortress Europe': Equality and Third Country Nationals (TCNs). EC Law presents fundamental weaknesses with regard to TCNs in the intersections between race, religion and nationality discrimination. In particular for non-EU nationals, these three grounds of discrimination can be closely related, and difficult to distinguish. However, they are of great importance for the integration and fair treatment of migrants, which was one of the objectives of the Tampere Programme. This article analyses the extent to which the Race Equality Directive (43/2000/EC) and the Framework Equality Directive (78/2000/EC) provide an effective protection against ,racial related discrimination'. It suggests that the loopholes of both Directives, together with the current interpretation of Article 12 EC, have institutionalised not only a hierarchy of equalities, but also a hierarchy of peoples, and it explores possible interpretative solutions. [source]

    A Comparative Analysis of the Drafting of European Private Law

    EUROPEAN LAW JOURNAL, Issue 5 2009
    Bastiaan Van Zelst
    The development of the ,Common Frame of Reference' is a highly prominent topic on the agenda of European integration. However, its underlying procedures have had only limited investigation. This article discusses the European private law project by inquiring into the drafting experiences of four other private law legislative processes, with a focus on sales law. These instruments concern Article 2 (on sales) of the American Uniform Commercial Code, the Vienna Sales Convention, the Dutch Civil Code and the Directive on Consumer Sales and Associated Guarantees. Ultimately, the article asks what can the European project learn from these experiences. [source]

    Deploying the Classic ,Community Method' in the Social Policy Field: The Example of the Acquired Rights Directive

    EUROPEAN LAW JOURNAL, Issue 2 2009
    Gavin Barrett
    The use of the Community method of legislation, in particular the deployment of directives, has for a long time been at the core of EC labour market policy. This article seeks to reflect on the lessons to be learned from the experience of the adoption and operation of one particularly significant directive, namely the Acquired Rights Directive, and on the experience of its transposition in one Member State, Ireland. Among features noted at the EU level are the watering down of the Commission's initial legislative ambitions; the substantial lacunae, failures to address issues and ambiguities incorporated in the text of the directive, the consequent enlarged role for the Court of Justice and the apparent difficulty in changing policy direction in the event of errors being made. As regards the Irish experience of transposing the directive, lessons learnt have included the importance of the means of implementation chosen by the Member State; the obstructive effect which national industrial relations systems may have on the evolution of a common European approach; the significance which attaches to national sanctions and enforcement mechanisms; the importance attaching to the degree of collective organisation in workplaces where the implementing legislation is sought to be relied upon; and the potential which the implementation of a directive has for disruption of the harmony of a national policy approach. Finally, the use of a form of social dialogue in the implementation of employment-related directives in Ireland is also commented upon. [source]

    Employee Rights on Transfer of Undertakings: Italian Legislation and EC Law

    EUROPEAN LAW JOURNAL, Issue 1 2008
    Marco Novella
    The investigation takes place on the assumption that the principle of primacy of Community law applies, which first and foremost means that it must be verified whether the domestic legislation in question complies with the interpretation given to the relative provisions of Community law. According to the authors' opinion, domestic law could be judged as non-conforming to the interpretation that has been given by the Court of Justice, so that the question may be brought before the Court of Justice ex Article 226 EC or by recourse to the preliminary ruling procedure under Article 234 EC, which reveal cases of incorrect implementation of the Directive. [source]

    What Does Free Movement Mean in Theory and Practice in an Enlarged EU?

    EUROPEAN LAW JOURNAL, Issue 6 2005
    Sergio Carrera
    The right to move freely represents one of the fundamental freedoms of the internal market as well as an essential political element of the package of rights linked to the very status of EU citizenship. The scope ratione personae and the current state of the principle of free movement of persons is assessed by looking at the most recent case law of the Court of Justice and the recently adopted Directive on the rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States. But what are the hidden and visible obstacles to free movement of persons in Europe? How can these barriers be overcome to make free movement and residence rights more inclusive? This article addresses these issues along with the following questions: Who are the beneficiaries of the free movement of persons in an enlarged Europe? What is the impact of the recent legal developments in the freedom of movement dimension, such as the European Court of Justice case law and the new Directive? And to what extent are pro-security policies such as the Schengen Information System II and an enhanced interoperability between European databases fully compatible with the freedom of movement paradigm? [source]

    The Court of Justice and the Union Citizen

    EUROPEAN LAW JOURNAL, Issue 6 2005
    James D. Mather
    After all, it was Advocate General Lèger who stated that it was for the Court to ensure that its full scope was attained. The article focuses predominantly on three areas of study: Member State nationality law and citizenship, the effect and meaning of Article 18 EC, and the ever-evolving right to equal treatment for the Union citizen. It is fully updated in the light of recent case law, the Treaty establishing a Constitution for Europe, and the newly adopted Directive 2004/58 EC. [source]

    From Boundary Drawing to Transitions: the Creation of Normativity under the EU Directive on Integrated Pollution Prevention and Control

    EUROPEAN LAW JOURNAL, Issue 2 2002
    Bettina Lange
    This article aims to make a contribution to debates about how to conceptualise normativity. It argues that normativity can not be just understood through defining it and in particular through identifying conceptual boundaries around the normative and the non-normative. Instead the article suggests that it is important to explore how transitions between the non-normative and the normative occur in practice. This argument is developed through a critical examination of literature on legal pluralism and an analysis of qualitative empirical data on the drafting of technical guidance documents under the European Union Directive on Integrated Pollution Prevention and Control (96/61/EC). [source]