The commission said it will seek to speed up the development and uptake of alternative methods, and to better monitor compliance with
the directive in member states.
«The commission said it will seek to speed up the development and uptake of alternative methods [to replace the use of animals in the lab], and to better monitor compliance with
the directive in member states,» Rabesandratana wrote.
Not exact matches
The Treasury is working with other
member states and the Commission to ensure a common risk - based approach to due - diligence
in implementing the
directive.
The fourth EU money laundering
directive, about to be rubber - stamped after political agreement was reached
in December, will call on banks to carry out due diligence on MPs, judges, peers, council chiefs, diplomats and anyone else «who are or have been entrusted by the
member state with prominent public functions».
Rights at work
in European law are often implemented through
directives —
member states are usually obliged to put them through as secondary legislation.
Urges all
Member States to promptly and correctly transpose into their national legislation all existing EU and international legal instruments concerning organised crime, corruption and money laundering; urges
Member States and the Commission to complete the Roadmap on the rights of suspects and accused persons
in criminal proceedings, including a
directive on pre-trial detention;
Meanwhile, a former Governor of Ekiti
State, Segun Oni; Senior Special Assistant to the President, Babafemi Ojudu; a former
member of the House of Representatives, Opeyemi Bamidele, and 24 other aspirants
in the primary have rejected the
directive by the APC National Working Committee that the aborted primary election should continue from where it stopped.
A landmark
in the history of battery egg farming was Council
Directive 1999 / 74 / EC, under which all EU
member states were obliged to phase out «battery» cages, and replace them entirely with larger «enriched» cages by 2012.
However, following reports that 13
Member States were unlikely to be compliant with the EU
directive by 1 January 2012, meaning an estimated 50 million hens would still be housed
in battery cages, Defra announced that many retailers and major food suppliers were putting
in place «stringent traceability tests» to guarantee they will not supply eggs produced from illegal conventional cages or use them as ingredients
in their own brand products.
Last year Italy took advantage of a recently passed European Union
directive that allows EU
Member States to restrict or prohibit the cultivation of GMOs
in their territory.
Formal risk assessments are required
in Europe since the 1989 Framework
Directive for Health and Safety at Work, and are now implemented
in all the
member states.
All 27 E.U.
member states were supposed to have «transposed» the
directive in national legislation by 10 November 2012.
In August 2007, the journal Science published the results of a study * which concluded that the trans - national conservation measures required to be implemented by European
Member States under the EU Birds
Directive have made a significant contribution to reverse the population decline and provide protection for many of Europe's most threatened bird species.
Instead, ESSA has puffed up the role of
state departments of education (whose staff is mainly appointed) and, to a lesser extent, the (mostly appointed) boards of education typically
in charge of them, with
members who tend to follow the
directives they have been given if they want to keep their seats.
EU legislation allows
Member States to apply reduced VAT rates to a limited list of goods and services set out
in Annex III to the VAT
Directive.
«The effects of such unfair competition are felt
in Member States that apply the VAT
Directive correctly.
This followed from a hard - fought derogation from the
Directive by Tony Blair
in 2006 which allowed
member states without a domestic resale right on the entry into force of the
Directive, to exclude ARR from the heirs or the estates of artists deceased within 70 years of the date of sale up until 1 January 2012.
After some years of watching diverging regulation develop
in Member States, the EU passed the
Directive 94 / 62 / EC, on packaging and packaging waste.
Beginning with Euro 5 (adopted
in 2009), standards have been issued by direct Regulations, which are directly enforceable
in all
Member States, as opposed to
Directives, which must be transposed into each individual
Member State.
After discussions
in the Parliament and the Council, a new NEC
directive was adopted
in December 2016, setting legally binding emission reduction commitments for the
member states» emissions of five important air pollutants, to be achieved by 2030.
Parliamentary representatives will now negotiate with European Council ministers from
member states, before a final version of the
directive goes to all MEPs for a European Parliamentary vote later
in the year.
The Court further reminded that the Qualification
Directive (Directive 2011 / 95 / EU) requires the Member States to grant the refugee status when a third country national or a stateless person meets the relevant conditions under that Directive, and then pointed out that «after the application for international protection is submitted in accordance with Chapter II of Directive 2011/95, any third - country national or stateless person who fulfils the material conditions laid down by Chapter III of that directive has a subjective right to be recognised as having refugee status, and that is so even before the formal decision is adopted in that regar
Directive (
Directive 2011 / 95 / EU) requires the Member States to grant the refugee status when a third country national or a stateless person meets the relevant conditions under that Directive, and then pointed out that «after the application for international protection is submitted in accordance with Chapter II of Directive 2011/95, any third - country national or stateless person who fulfils the material conditions laid down by Chapter III of that directive has a subjective right to be recognised as having refugee status, and that is so even before the formal decision is adopted in that regar
Directive 2011 / 95 / EU) requires the
Member States to grant the refugee status when a third country national or a stateless person meets the relevant conditions under that
Directive, and then pointed out that «after the application for international protection is submitted in accordance with Chapter II of Directive 2011/95, any third - country national or stateless person who fulfils the material conditions laid down by Chapter III of that directive has a subjective right to be recognised as having refugee status, and that is so even before the formal decision is adopted in that regar
Directive, and then pointed out that «after the application for international protection is submitted
in accordance with Chapter II of
Directive 2011/95, any third - country national or stateless person who fulfils the material conditions laid down by Chapter III of that directive has a subjective right to be recognised as having refugee status, and that is so even before the formal decision is adopted in that regar
Directive 2011/95, any third - country national or stateless person who fulfils the material conditions laid down by Chapter III of that
directive has a subjective right to be recognised as having refugee status, and that is so even before the formal decision is adopted in that regar
directive has a subjective right to be recognised as having refugee status, and that is so even before the formal decision is adopted
in that regard».
The Court further pointed out that the objective of the Family Reunification
Directive is,
in particular, to guarantee through Article 10 (3)(a) an additional protection to refugees who are unaccompanied minors, by providing them with an enforceable right to family reunification which consequently entail a positive obligation on the
Member States to give a right of admission to their parents.
As part of its armoury, the European Community has adopted myriad
directives to prevent
member states from insisting that citizens qualified
in other
member states also obtain the domestic qualification
in order to practise their profession or trade.
While similarities
in the medical and veterinary professions meant that
member states were able to agree on co-ordinating their training for these professions, agreeing the Architects»
Directives was much harder, requiring 17 years of negotiation.
With the
Directives on the right to information
in criminal proceedings and the right to access to a lawyer successfully passed, the Proposal for a
Directive on the strengthening of certain aspects of the presumption of innocence and the right to be present at trial
in criminal proceedings marks a new step
in the recent efforts of the Commission to create common EU framework of defence rights which minimally need to be respected by the
Member States.
Second, the Qualifications
Directive has simplified the system for the recognition of qualifications where migrant citizens want to establish themselves permanently
in another
member state.
Germany can not reject the British qualification, as the Qualifications
Directive requires
member states to accept qualifications obtained
in other
member states at least equivalent to the level immediately below that which is required
in the host
state.
In this regard, as the wording of both Articles 2 (f) and 10 (3)(a) does not provide sufficient help, the Court looked at the general scheme of the Family Reunification
Directive; from here the Court concluded that the more favourable regime for refugees» family reunification would only apply after a third country national or stateless person would be recognised as a refugee by
Member States.
As host
Member States may not demand from EU citizens
in this first period to have sufficient means of subsistence and personal medical cover, it is legitimate, according to the Court, not to require those
Member States to be responsible for those citizens during this Following explicitly the opinion of the Advocate - General, such an interpretation would meet the objective
stated in recital 10 of the
Directive to maintain the «financial equilibrium of the social assistance systems of the
Member States» (para. 45).
What will happen, if a
member state decides, after the
Directive enters into force
in 2019, to extend considerably the limitation periods not only for new but also ongoing investigations, prosecution or judicial proceedings
in VAT cases?
In the case at hand, Ms. Reyes was older than 21 years old when she applied for a residence permit as a family member of an EU citizen and according to the Directive she should prove to be dependent on the EU citizen or his / her spouse in order to be admitted in the host Member Stat
In the case at hand, Ms. Reyes was older than 21 years old when she applied for a residence permit as a family
member of an EU citizen and according to the Directive she should prove to be dependent on the EU citizen or his / her spouse in order to be admitted in the host Member
member of an EU citizen and according to the
Directive she should prove to be dependent on the EU citizen or his / her spouse
in order to be admitted in the host Member Stat
in order to be admitted
in the host Member Stat
in the host
Member Member State.
Directive 89/48 on the mutual recognition of qualifications was the first of two general system
directives, providing that a
member state may not reject as inadequate a professional qualification obtained
in another
member state after three years» post-secondary education and any necessary professional training.
A different approach would
in practice discourage family
members from looking for employment
in the host
Member State, which would contradict Art. 23 of the
Directive that clearly provides family
members with a right to employment and self - employment.
Mr. Akyüz appealed his convictions, and the German court sent a preliminary reference to the ECJ to ask whether
Directives 91/439 and 2006/126 «must be interpreted as precluding legislation of a host
Member State which allows that
State to refuse to recognise, within its territory, a driving licence issued
in another
Member State in the case where the holder of that licence... was refused a first driving licence
in that
State on the ground that he did not satisfy, under that
State's legislation, the physical and mental requirements for the safe driving of a motor vehicle» (para. 35).
On such a basis, the Court considered that there are indeed provisions
in the Family Reunification
Directive expressly referring to national law, such as Articles 5 (1) and 11 (2) and thereby concluded that if the EU legislature intended to leave the
Member States with the leeway to decide when the condition of a child being «below the age of eighteen» would be satisfied, it would have included an express reference
in that context too (paras 41 - 42).
At least
in theory, Article 3 (1) of the
Directive was also capable of having direct effect: the provision provided for a certain margin of discretion for
Member States as to the measures taken to implement the obligations of the
Directive; however,
Member States still were compelled to take into account all employees
in their calculations (para 33 - 34).
The case concerns a requirement
in Austrian company law which creates — based on Article 12 of Eleventh Council
Directive 89 / 666 / EEC — a system of automatic penalty payments for the failure of a capital company
in another
Member State with a branch
in Austria to submit certain accounting documents within a nine - month period.
2001/83
states that Member States may allow off - label use, substitutability depends not on the Directive, but on the way in which Member States transposed this requir
states that
Member States may allow off - label use, substitutability depends not on the Directive, but on the way in which Member States transposed this requir
States may allow off - label use, substitutability depends not on the
Directive, but on the way
in which
Member States transposed this requir
States transposed this requirement.
This
Directive is one of the so - called Roadmap
Directives, the latest attempt of the EU to increase the mutual trust between
Member States (MS)
in the field of criminal justice, by establishing EU minimum rules for procedural safeguards.
The special protection for unaccompanied minor asylum - seekers under the Family Reunification
Directive would therefore extend beyond the age of maturity if the person concerned is able to access the territory of a
Member State, submit an application for the refugee status before turning eighteen and is successively successful
in their application.
The structure of Article 28 of the
Directive suggests with its Article 28 (3) that after a period of 10 years residence, the simple fact of this period of residence requires a specific treatment of EU citizens, preventing their expulsion from a host
Member State unless there are exceptional circumstances (see also the Court
in para 19 and
in para 40 of Tsakouridis).
The rationale is set out
in pragmatic terms
in Ursula Becker v Finanzamt Münster - Innenstadt [1982] CJEU (Case 8/81) as follows: `...
in cases
in which the Community authorities have, by means of a
directive, placed
Member States under a duty to adopt a certain course of action, the effectiveness of such a measure would be diminished if persons were prevented from relying upon it
in proceedings before a court....»
One disadvantage of doing this is that they cease to be foreigners, people living
in a
state «other than that of which they are a national» (Article 3, Citizenship
Directive) and so lose all the specific rights that EU law grants to migrants
in a host
state, most notably those concerning family
members.
Indeed, it held that Article 15 (1) «necessarily presupposes» that the national measures referred to therein fall within the scope of that
directive «since it expressly authorizes the
Member States to adopt them only if the conditions laid down
in the
directive are met».
«since the approximation of the legislation of
Member States in the field concerned has already been largely achieved by
Directive 98/84, the primary objective of the Convention is not to improve the functioning of the internal market, but to extend legal protection of the relevant services beyond the territory of the European Union and thereby to promote international trade
in those services.»
Private parties that saw themselves burdened with unforeseen obligations as a consequence should start an action for damages against the
Member State having incorrectly implemented the
directive in question according to the Advocate General.
This includes taking all legislative and administrative measures appropriate for ensuring collection of VAT
in conformity with the obligations imposed on
Member States by the EU VAT
Directive (
Directive 2006 / 112 / EC) and its predecessors (amongst which the Sixth
Directive, 1977 / 388 / EEC).
For this wider circle of «other family
members» (as opposed to the narrow circle of family
members set out
in Article 2 (2) of the
Directive),
Member States enjoy a broader margin of discretion and do not have to grant an «automatic» right of entry and residence (para 20).
Putting these objectives into practice, Article 28 of the
Directive requires
in its first paragraph that before taking an expulsion decision based on «public policy or public security», factors to be taken into account by a
Member State are the period of residence, age, state of health, family and economic situation, social and cultural integration into the host Member State and the extent of links with the country of origin of the EU cit
State are the period of residence, age,
state of health, family and economic situation, social and cultural integration into the host Member State and the extent of links with the country of origin of the EU cit
state of health, family and economic situation, social and cultural integration into the host
Member State and the extent of links with the country of origin of the EU cit
State and the extent of links with the country of origin of the EU citizen.