Revision of the EU Directive 86/609/EEC: Results of the internet consultations of the European Commission

ALTEX ◽  
2007 ◽  
pp. 41-45
Author(s):  
Irmela Ruhdel Ruhdel
Author(s):  
J. Shahin

The European Union (EU) has been one of the leading lights concerning Internet use in dealing with other public administrations and citizens. This article will argue that e-government has meant that the European Commission has been able to promote a virtual arena for pan-European activity, which has promoted action at the national and local levels in the EU. In the first instance, this article will deal with how the European Commission uses the Internet to attempt to improve its own relationship with both national public administrations and citizens in terms of the European policy-making process. Although the Internet is perceived as aiding public administrations in information and service provision, which helps to deliver better governance from an institutional governance perspective, a focus on this would only tell one half of the story. Increasing democratic participation and regaining trust in the political system at large is also an important issue for public bodies such as the European Commission to address, and this is not merely a technical process. These technical (efficiency, etc.) and democratic stages are two key parts in the process of developing an information and communication technology (ICT)-based governance agenda in the EU. In order to outline the process, this article deals with four different aspects of the European Commission’s e-policies. It makes reference to the following: 1. The Commission’s information provision, through the EU’s Europa (II) Web server; 2. The way in which the Commission has tried to interact with citizens, using interactive policy making (IPM); 3. The e Commission initiative; and 4. The way in which the Commission links member-state public administrations together, through the IDA(BC) programme. This article reveals the increasing coherence of the European Commission’s approach to using the Internet in institutional affairs. Although the Commission’s approach to using the Internet for governance was initially unstable and ad hoc, by the turn of the century, all efforts had converged around the political issues of institutional reform and better governance. This has been further enhanced by the application of the open method of coordination as one of the tools of EU governance, which has enabled the Commission to take a more informal role in implementing e-government strategies at the pan-European level. This article does not attempt to define e-government at the European level nor does it go into policy areas concerning e-government (such as research, socioeconomic inclusion, improving competitiveness, or specific e-government policy developed by the European Commission), but will contribute to a greater understanding of how the EU itself has used the Internet to promote an e-government agenda that is affecting all public administrations.


Author(s):  
Alberto Hidalgo Cerezo

Since the dawning days of the popularization of the internet, it has been regarded as an enemy for copyright. Cultural industries have claimed for the losses derived from rampant piracy. That is their side of the coin. In 2013, the European Commission tendered a study that run over 28.000 polls and had an extension of over 300 pages to deepen into this subject: “Estimating displacement rates of copyrighted content in the EU”. It was finally handled by 2015. However, the report never saw the light of day. Why? In July 2017, Member of the European Parliament (MEP) Julia Reda filed an application for accessing public documentation. The results of the report were surprising, stating that piracy in some cases was not hurting revenues, while in others, it was in fact enhancing the sale of copyrighted content by legal channels. Was it an unexpected result for the European Commission? Now, in 2019, with the perspective of time, it is easy to see that internet and digital distribution was not a threat, but an opportunity. Profits in all industries show wealthy increasements coming from digital sources. Steady growth figures for online markets of music, audiovisual and videogaming industry do not match the old discourse anymore. This work approaches to what this report said, why it was not made public, and how figures from 2019 prove that, perhaps, it was ahead of its time, and internet was not an enemy to fear all along.


Author(s):  
Alberto Hidalgo Cerezo

Since the dawning days of the popularization of the internet, it has been regarded as an enemy for copyright. Cultural industries have claimed for the losses derived from rampant piracy. That is their side of the coin. In 2013, the European Commission tendered a study that run over 28.000 polls and had an extension of over 300 pages to deepen into this subject: “Estimating displacement rates of copyrighted content in the EU”. It was finally handled by 2015. However, the report never saw the light of day. Why? In July 2017, Member of the European Parliament (MEP) Julia Reda filed an application for accessing public documentation. The results of the report were surprising, stating that piracy in some cases was not hurting revenues, while in others, it was in fact enhancing the sale of copyrighted content by legal channels. Was it an unexpected result for the European Commission? Now, in 2019, with the perspective of time, it is easy to see that internet and digital distribution was not a threat, but an opportunity. Profits in all industries show wealthy increasements coming from digital sources. Steady growth figures for online markets of music, audiovisual and videogaming industry do not match the old discourse anymore. This work approaches to what this report said, why it was not made public, and how figures from 2019 prove that, perhaps, it was ahead of its time, and internet was not an enemy to fear all along.


2018 ◽  
Vol 15 (3) ◽  
pp. 503-515 ◽  
Author(s):  
Reinhard Bork

For a long time, German restructuring and insolvency law had no pre-insolvency restructuring scheme binding on dissenting creditors. Only in opened insolvency proceedings a restructuring plan could be used for debt restructuring. Now the German legislators has taken means to improve German law in three ways: first, by updating the German Bond Act (also known as the German Debenture Act), especially through permitting the change of the bond conditions by a majority vote of the creditors if the conditions allow for such majority vote; second, by improving German insolvency law through the “Act for the Further Simplification of Company Restructuring (ESUG)” which enables the debtor to start early restructuring preparation proceedings (“protective umbrella proceedings”); and, third, by announcing the introduction of new pre-insolvency restructuring proceedings as a reaction to the EU Directive proposed by the European Commission on 22 November 2016.


Author(s):  
Hans W Friederiszick ◽  
Linda Gratz ◽  
Michael Rauber

Abstract Private cartel damages litigation is on the rise in Europe since early 2000. This development has been initiated by the European courts and was supported by various policy initiatives of the European Commission, which found its culmination in the implementation of the EU Directive on Antitrust Damages end of 2016. This article explores the impact of this reform process on effective compensation of damaged parties of cartel infringements. For that purpose, we analyse all European cartel cases with a decision date between 2001 and 2015, for which we analyse litigation activity and speed. Overall, we find a substantial reduction of the time until the first settlement (increase in litigation speed) together with a persisting high share of cases being litigated (high litigation activity). This supports the view that the reform not only increased the claimant’s expectation about the amount of damages being awarded but also resulted in an alignment in the expectations of claimants and defendants in the final damages amount, ie the European Commission succeeded in reaching its objective to clarify and harmonize legal concepts across Europe.


Author(s):  
D. A. Lebedeva ◽  
Yu. A. Shcheglov

This work scrutinizes modern bioethical concepts of the use of animals for scientific purposes, as well as legal aspects of its use. Initially, the authors present a brief excursion into the history of bioethics and then focus on the modern concept of ethical attitude to the animals used for scientific purposes. The authors analyze the EU Directive on the protection of animals used for scientific purposes, as well as the EAEU acts and by-laws of the EAEU member states, and conclude that it is necessary to adopt a supranational act within the EAEU that will regulate the use of animals for scientific purposes in accordance with the principles of reduction, replacement and refinement.


2020 ◽  
Vol 8 (1) ◽  
pp. 103-122
Author(s):  
Ewa Kaczan-Winiarska

The Austrian government is extremely sceptical about the accession negotiations which are conducted by the European Commission on behalf of the European Union with Turkey and calls for the negotiation process to end. Serious reservations of Vienna have been raised by the current political situation in Turkey under the rule of President Recep Tayyip Erdogan, as well as by the standards of democracy in Turkey, which differ greatly from European standards. Serious deficiencies in rule of law, freedom of speech and independence of the judiciary, confirmed in the latest European Commission report on Turkey, do not justify, from Vienna’s point of view, the continuation of talks with Ankara on EU membership. In fact, Austria’s scepticism about the European perspective for Turkey has a longer tradition. This was marked previously in 2005 when the accession negotiations began. Until now, Austria’s position has not had enough clout within the European arena. Pragmatic cooperation with Turkey as a strategic partner of the EU, both in the context of the migration crisis and security policy, proved to be a key factor. The question is whether Austria, which took over the EU presidency from 1.7.2018, will be able to more strongly accentuate its reservations about Turkey and even build an alliance of Member States strong enough to block Turkey’s accession process.


2020 ◽  
Vol 27 (3) ◽  
pp. 284-301
Author(s):  
Salvatore Fabio Nicolosi ◽  
Lisette Mustert

In a resolution adopted on 1 February 2018, the European Committee of the Regions noted that a legislative proposal of the European Commission concerning a Regulation that changes the rules governing the EU regional funds for 2014-2020 did not comply with the principle of subsidiarity. Accordingly, the Committee considered challenging the legislative proposal before the Court of Justice if the proposal was formally agreed upon. Although at a later stage the European Commission decided to take into account the Committee’s argument and amended the proposal accordingly, such a context offers the chance to investigate more in detail the role of the Committee of the Regions in the legislative process of the EU and, more in particular, its role as a watchdog of the principle of subsidiarity. This paper aims to shed light on a rather neglected aspect of the EU constitutional practice, such as the potential of the Committee of the Regions to contribute to the legislative process, and answer the question of whether this Committee is the right body to guarantee compliance with the principle of subsidiarity.


2021 ◽  
Vol 10 (1) ◽  
pp. 64-88
Author(s):  
James I. J. Green

A custom-made device (CMD) is a medical device intended for the sole use of a particular patient. In a dental setting, CMDs include prosthodontic devices, orthodontic appliances, bruxism splints, speech prostheses and devices for the treatment of obstructive sleep apnoea, trauma prevention and orthognathic surgery facilitation (arch bars and interocclusal wafers). Since 1993, the production and provision of CMDs have been subject to European Union (EU) Directive 93/42/EEC (Medical Device Directive, MDD) given effect in the UK by The Medical Devices Regulations 2002 (Statutory Instrument 2002/618), and its subsequent amendments. Regulation (EU) 2017/745 (Medical Device Regulation, EU MDR) replaces the MDD and the other EU Directive pertaining to Medical Devices, Council Directive 90/385/EEC (Active Implantable Medical Device Directive, AIMDD). The EU MDR was published on 5 April 2017, came into force on 25 May 2017 and, following a three-year transition period was due to be fully implemented and repeal the MDD on 26 May 2020, but was deferred until 26 May 2021 due to the coronavirus disease 2019 (COVID-19) pandemic. In the UK, in preparation for the country’s planned departure from the EU, the EU MDR, with necessary amendments, was transposed into UK law (Medical Devices (Amendment etc.) (EU Exit) Regulations 2019, UK MDR). The UK left the Union on 31 January 2020 and entered a transition period that ended on 31 December 2020, meaning that, from 1 January 2021, dental professionals in Great Britain who prescribe and manufacture CMDs are mandated to do so in accordance with the new legislation while Northern Ireland remains in line with the EU legislation and implementation date. This paper sets out the requirements that relate to the production and provision of CMDs in a UK dental setting.


Sign in / Sign up

Export Citation Format

Share Document