Search results for "Directive"
showing 10 items of 308 documents
European Union directives and clinical practice in nursing education in the Nordic countries
2019
Nursing education in countries belonging to the European Union (EU) must follow EU directive requirements. The aim of this opinion paper is to explore and discuss the challenges presented by EU requirements to clinical practice in nursing education. These requirements prescribe that clinical practice must be carried out in a variety of different and specialized areas that provide care in hospital units. This may offer students only a limited range of experience; thus, they may not be fully prepared to care for patients with common diseases, and only have a restricted knowledge about the ongoing development of caring for patients at home. EU directives require that half of a nursing educati…
Fiscal visibility in the U.S. and the European Union
2001
Harmonization of Insurance Supervisory Law
2015
This chapter addresses the fundamental issue of what degree of harmonization applies in the Solvency II system. Distinguishing among the several degrees of harmonization—minimum harmonization, maximum harmonization, and full harmonization—leads to the conclusion that the Solvency II Directive has full harmonization as its objective. This has two important ramifications: First, the Solvency II Directive requires that any insurance supervisory regime implementation by the respective national legislators must completely align with the European insurance supervisory regime. Second, a system of full harmonization prohibits national legislators from unilaterally enacting additional measures not p…
European Union Protection System
2014
Traditionally, the EU law (characterised as acquis communautaire) is divided into the primary law and the secondary law. This distinction of the EU law is not based on a hierarchy of norms but, as it is justly admitted in the legal literature, on sources: if the EU primary law originates from the EU Member States as ‘Masters of the Treaty’, the EU secondary law—directly from EU institutions. In the case of IGOs (as well as other IP objects such as trade marks, designs, patents, and plant variety rights), their regulation is ensured both by the EU primary law and the EU secondary law which will be reviewed separately in Part II of the book.
Five Years of the Citizens Directive in the UK - Part 1
2011
This two-part article reviews how the UK authorities have fared in the practical application of Directive 2004/38/EC in the five years since it entered into force. It identifies and examines the most common problems faced by EU citizens when seeking to have their rights recognised by the UK authorities applying the Immigration (European Economic Area) Regulations 2006 by reference to questions and complaints received by Your Europe Advice. In examining the experience of EU citizens and their family members living in the UK, account is taken of a number of recent judgments of the European Court of Justice concerning EU citizenship, including Metock, Lassal, Eman & Sevinger and Ruiz Zambrano.…
When trade unions succeed: Cases of blocked liberalisation in the common market
2014
Despite the generally accepted weakness of trade unions at the European Union level, an analysis of two high profile cases - the Services Directive and the Port Directive - shows that trade unions are able to mobilise effectively at the European level and, within constellations of actors, crucially impact EU decision making. In contrast to common claims that a lack of access to EU institutions makes such groups powerless, it is argued here that the exclusion of large opposing societal groups from consultations is neither a quick nor a sure fire recipe for dismantling opposition.On the contrary,it politicises the process and may lead to opposing groups mobilising in more contentious ways.
A new and controversial scenario in the gathering of evidence at the European level: The proposal for a directive on the European investigation order
2014
In April 2010 a group of EU Member States proposed a Directive on the European Investigation Order, an instrument which, if adopted, will significantly change the way in which evidence is gathered at the EU level. After the failure of the EEW, which focused on the exchange of evidence which had already been gathered, the objective of the new text is to create a single instrument for obtaining all kinds of evidence located in another Member State. The aim of this paper is to examine, within the current framework, the suitability of this new instrument, with particular reference to its impact on the rights of defendants.
Opening the Door for the Opportunistic Use of Interim Financing: A Critical Assessment of the EU Draft Directive on Preventive Restructuring Framewor…
2018
The draft of the EU Directive on Preventive Restructuring Frameworks and Second Chance (the "Directive") provides rules for adopting reorganisation plans in order to avoid insolvency. The draft Directive also provides rules on the related problem of interim financing. According to the draft Directive, interim financing should be encouraged and not be made subject to clawback unless parties have committed fraud or acted in bad faith. The Directive thereby fails to recognise that finance transactions are too diverse in nature to provide the company and its financial creditors with a transaction avoidance free period. If the Directive is adopted in its current form, it will open the door for o…
Alternative Investment Fund Managers Directive and its Impact on Malta’s Financial Service Industry
2016
The introduction of the Directive on Alternative Investment Fund Managers (AIFM Directive 2011/61/EU) in 2013 means a radical transformation of the EU regulatory landscape for the whole alternative investment fund industry. Taking into account the growing meaning of the alternative investment fund industry in Europe, the aim of the paper is to assess the impact the Directive on Alternative Investment Fund Managers (AIFMD) will have on the Alternative Investment Fund Managers (AIFMs) managing Alternative Investment Funds (AIFs) in the EU. The research is based on the case of Malta, which is a quickly growing financial centre. The main findings are based on an analysis of questionnaire respon…
Insurance Distribution Carried Out by Insurers in Spain
2020
AbstractIn this chapter I analyze the impact that Directive 2016/97 has on insurance companies. The new requirements for employees who distribute the insurance policies of the insurance company increase the protection for customers. In addition, these new requirements lead to a reform of the governance system of the insurance company. New policies, new procedure manuals are necessary to carry out the distribution of insurance by the insurance company. Therefore, I will study the new legal requirements and their impact on the Spanish regulations.