European Union Directive Research Articles

The future of midwifery care and education in Belgium: A discussion paper

BackgroundAdvanced education of midwives acting during the first 1000 days in life is key in optimum care provision for intergenerational health and wellbeing. AimThis paper provides a comprehensive analysis of the current context of midwifery care and (inter)national trends in midwifery education. Gaps for optimizing midwifery education in Belgium are defined. ResultsSocietal, medical, and technological changes including medicalization of birth impact the midwife's profession and competency requirements. The World Health Organization demands adapted midwifery competency frameworks to meet these changes and achieve universal health coverage by 2030. While the European Union's directives address the recognition of professional qualifications of midwives, basic midwifery programs in Europe range from vocational to master's programs. In Belgium, basic midwifery programs are direct-entry bachelor programs; however, the program length varies according to the region. A horizon scanning by the Belgian Health Care Knowledge Center concluded that an extension and advancement of the current midwifery program are urgently needed to enable midwives to fulfil an autonomous role in accordance with national laws and international directives. DiscussionBasic midwifery education anno 2023 does not fit (1) the changes in women's health towards 2030; (2) the future demands regarding midwifery competence, and (3) the current and future demands for autonomy according to the legal frameworks. ConclusionAn extension and advancement of the basic midwifery programs are needed to sufficiently arm midwives to meet changes they are confronted with. Therefore, a debate involving all stakeholders concerned with the future of midwifery care and education is recommended.

The role of the corporate ethical virtues model in sustainability reporting

AbstractFrom the perspective of virtue ethics, ethical organizational cultures prompt employees to act ethically. According to Kaptein's Corporate Ethical Virtues (CEV) model, this organizational ability is favored by the development of seven key corporate virtues (Clarity, Congruency, Feasibility, Supportability, Transparency, Discussability, and Sanctionability). The paper intends to connect the CEV model with sustainability reporting, which is taking on increasing relevance today due to factors such as the European Union's recent Directives on corporate non‐financial communication. In particular, the paper's objective is to examine to what extent and the way in which the virtues of the model have a role in sustainability reporting. Furthermore, this goal is enriched with an added focus, which is attention paid to actions taken by companies, and expressed in their sustainability reporting, in implementing virtuous behavior amidst the difficulties triggered by the COVID‐19 crisis. To achieve its aim, the paper presents and discusses a study of the role of the CEV model within two large companies in the logistics sector, through a content analysis of their sustainability reports covering the period 2018–2020 complemented by information from their corporate websites. The results of the analysis highlight both an overall relevance of the virtues included in the CEV model and the role of measures adopted by organizations to cope with COVID‐19 as a significant component of their sustainability performance in the pandemic period. Finally, the paper elaborates on several theoretical and practical implications stemming from the study.

COMPARATIVE ANALYSIS OF REGULATORY ACTS OF THE EU COUNTRIES ON THE PROTECTION OF INTELLECTUAL PROPERTY IN THE CONDITIONS OF THE USE OF ARTIFICIAL INTELLIGENCE

The rise of artificial intelligence (AI) has fundamentally challenged traditional intellectual property (IP) frameworks, particularly in the European Union (EU), where regulatory efforts are aimed at balancing innovation with legal protections. AI’s ability to autonomously create, modify, and use IP raises complex questions about authorship, inventorship, ownership, and enforcement, which existing laws were not designed to handle. As EU countries attempt to adapt their legal systems to address these challenges, a comparative analysis of their regulatory acts is essential to understand how different member states are responding to the intersection of AI and IP protection. The aim of this article is to provide a comparative analysis of the regulatory frameworks governing IP protection in the context of AI across selected EU countries. By examining national legislation and harmonization efforts, the study seeks to identify common challenges, highlight divergent approaches, and offer insights into the evolving legal landscape of IP protection in the age of AI. The article employs a qualitative, comparative research methodology. It focuses on six EU countries—Germany, France, the Netherlands, Poland, Greece, and Romania—analyzing their IP laws concerning AI-related issues. The study reviews national regulations, EU directives, and case law to evaluate how each country addresses AI-generated IP in terms of ownership, authorship, patentability, trademark issues, and enforcement mechanisms. A thematic coding approach is used to identify key trends and divergences between member states. The analysis reveals that all EU countries maintain the requirement for human authorship and inventorship, which limits the legal recognition of fully autonomous AI-generated content. While countries like Germany, France, and the Netherlands have initiated discussions on potential legal reforms, others, such as Poland, Greece, and Romania, rely more heavily on existing frameworks and await further EU guidance. Additionally, enforcement mechanisms vary significantly, with more technologically advanced countries adopting AI-driven tools to monitor and enforce IP rights. As AI continues to evolve and play a larger role in creative and technical industries, the legal frameworks governing IP in the EU must adapt accordingly. Future regulatory efforts should focus on creating new categories for AI-generated works, investing in AI-powered enforcement tools, and ensuring greater harmonization across member states. By addressing these challenges proactively, the EU can strike a balance between fostering AI innovation and maintaining robust IP protections, positioning itself as a global leader in both technology and intellectual property rights.

Levels of Renewable Energy Use in Selected European Union Countries – Statistical Assessment of Changes and Prospects for Development

The search for and use of green energy sources is an important course of action for the European Union (EU). The paper compares the 13 EU countries that acceded to the EU in 2004 and afterwards in terms of the level of renewable energy use. The primary indicator used to assess the use of renewable energy sources (RES) was the share of renewable energy in gross final energy consumption from 2007 to 2021. Statistical data were sourced from the Eurostat database. The results of the study confirm that between 2007 and 2021, there were positive changes in the use of renewable energy in most of the countries. The prospects for renewable energy development in these countries were assessed by constructing forecasts of the indicator concerning the share of renewable energy in gross final energy consumption for 2022–2024. For most of the countries, the forecasts were highly and sufficiently precise, meaning the countries have a chance of meeting the RES targets set out in EU directives.

EU approach towards violence against women and domestic violence – new EU Directive

European Union (EU) approach towards violence against women and domestic violence is analyzed through interconnection with principles of gender equality and nondiscrimination. The combination of gender-based discrimination and gender inequality with other forms of discrimination (economic, political, etc.) very often result in specific forms of violence against women. EU acceded the Istanbul Convention on preventing and combating violence against women and domestic violence of the Council of Europe in June 2023, which was spiritus movens for the adoption of the new EU Directive in this field. Achievements and shortcomings of this Directive are presented, as well as its significance within existing relevant EU primary and secondary legislation. New legislation criminalizes the following offences across the EU: female genital mutilation, forced marriage, non-consensual sharing of intimate images, cyber stalking, cyber harassment and cyber incitement to hatred or violence. However, criminalization of rape is lacking due to the absence of agreement of the constitutional element of sexual consent. Instead, prevention of rape and raising awareness of the importance of central role of consent are included. Taking into account the problem of secondary victimization, the Directive regulates rules on the measures of assistance and protection to victims that are to be secured by Member States, who are obliged to implement Directive in three years period. Directive gains special significance when taking into account relevant official data on violence against women in the EU. This Directive is to be considered the step forward in the direction of realization of gender equality de facto.

CORPORATE GOVERNANCE REFORMS IN THE BANKING SECTOR: ENHANCING STABILITY AND PROTECTING DEPOSITORS& INTERESTS

The global financial crisis of 2008 exposed significant weaknesses in the corporate governance practices of banks, leading to excessive risk-taking, lack of oversight, and eventual failures. In response, corporate governance reforms have been implemented in the banking sector to enhance stability, restore public confidence, and protect the interests of depositors. Effective corporate governance ensures that banks are managed responsibly, aligning the interests of various stakeholders. Key areas of focus for these reforms include board composition and effectiveness, risk governance and management, remuneration policies, internal controls and auditing, transparency and disclosure, and stakeholder engagement. Reforms emphasize the importance of having a diverse and independent board, robust risk management frameworks, aligning executive compensation with long-term performance, strengthening internal controls and auditing processes, enhancing transparency and disclosure requirements, and engaging with stakeholders, including depositors. Initiatives such as the Basel Committee on Banking Supervision's guidelines and the European Union's Capital Requirements Directive IV (CRD IV) have aimed to strengthen governance frameworks and promote best practices within the banking industry. These reforms mandate the establishment of dedicated risk committees, stress testing practices, clawback provisions in remuneration structures, and the implementation of effective compliance and auditing functions. Effective implementation of corporate governance reforms is crucial for enhancing financial stability, mitigating systemic risks, and protecting depositors' interests. By promoting responsible and ethical practices, strengthening oversight mechanisms, and aligning incentives with long-term sustainability, these reforms aim to restore public confidence in the banking industry and contribute to the overall resilience of the financial system. Keywords: Corporate Governance, Banking Regulations, Risk Management, Transparency, Financial Stability

Cormorant management in Denmark: A retrospective analysis using the Systems Approach Framework

Integrated Coastal Management (ICM) aims to ensure sustainable management of coastal areas. The Systems Approach Framework (SAF) provides a structure for an ICM process that includes scenario simulations of management options for complex systems. Through the SAF stakeholders are identified and engaged at an early stage. Further, the SAF guides a process to assess the ecological sustainability, economic efficiency, and social equity of management options, even for complex issues. Implementation of the European Union's Birds Directive (BD) in 1979 instigated protective management plans to protect a waning population of cormorant (Phalacrocorax carbo sinensis). Since then, multiple adjustments were made to the management plans to mitigate arising issues and conflicts. In this study, we used the SAF to conduct a retrospective analysis of cormorant management in Europe, Denmark, and a local community in order to identify which ICM elements were put into effect and their effectiveness. The analysis comprised the two initial steps of the SAF: Issue Identification and System Design. Data and information were extracted from EU and Danish management plans, available literature and interviews with stakeholders. The management process was divided into two periods related to the motivation: i), 1979–2002 focusing on cormorant protection promoted by nature conservations organisations, and ii), 2003–2020 focusing on ad hoc adaptive management to mitigate negative effects of an exponentially increasing cormorant population on other sectors and related income and activities. Our study revealed that cormorant management at all levels lacked elements important for a sustainable ICM process. Implementation of the BD was a top-down process leading to a single sector solution, influenced by a few highly organised stakeholders with strong views. The ecological issue of protecting the species was resolved, but the lack of Systems Thinking and specific success targets, for which indicators could have been developed, led to new conflicts and negative user perceptions. In response to increasing and new emerging conflicts, more stakeholders became involved during the second period. Thorough mapping of stakeholders, institutions and governance structures at the outset could have provided for a more transparent, inclusive, and participatory process. In addition, the management plans did not involve cross-sectorial, bio-economic assessments. The latter would have allowed deliberations of potential ecological and socio-economic consequences of different management options, which could have enhanced transparency and equity in the decision-making and thus could have facilitated compliance and long-term sustainability during implementation.

Rethinking non-conformity of a serious nature: From the CISG and the PICC’s concept of fundamental breach towards a Nachfrist principle—learning from the amendments to Catalan sales law’s cure regime

Abstract Whereas the European Commission’s endeavours to codify European contract law are at an impasse, the harmonization effect of European Union (EU) Directive 2019/771 should not be under-estimated. Such effect extends beyond consumer legislation and is particularly remarkable in EU jurisdictions that did not enact ad hoc consumer acts. This article takes the amendments to Catalan sales law after the transposition of Article 13 of the Directive as a benchmark. It delves into the recently introduced seriousness threshold under Article 13(4) lit. (c) of the Directive as an additional basis for contract avoidance in case of the delivery of non-conforming goods. The article further discusses whether such a serious nature threshold should (or can) coexist with the previous notion of fundamental breach and rethinks the contours of these legal thresholds from a cure perspective.

Adaptation, Experimentation or Conservation? The Use of Differentiated Implementation Under the Energy Efficiency Directive

AbstractIn this article, we introduce an innovative theoretical framework to analyse the use of differentiated implementation in the implementation process of European Union (EU) Directives. We identify rationales for offering flexibility in EU Directives as well as motives for policy‐makers to make use of the discretion. We analyse patterns and drivers of differentiated implementation under the Energy Efficiency Directive (EED) in four member states in order to assess whether practices of differentiated implementation conform to the rationales for offering flexibility. We show that member states mainly use the flexibility offered to retain existing policies. In addition, the EED led to some mutual learning based on experimentation, although this effect is limited. Whilst the EED offered a high potential for mutual learning, the member states did not use this opportunity. Overall, the implementation of the EED offers mixed evidence for the use of differentiated implementation to support differentiation.

Access to environmental information in Sweden in the context of principles of good administration

Purpose This paper aims to examine how Sweden, as a member state of the European Union (EU), has implemented the EU Directive on Public Access to Environmental Information (AEI directive) in the context of the principles of good administration. Design/methodology/approach This paper adopts the EU law methodology, as this paper mainly examines the implementation of the EU AEI directive by the member states and, as an EU member state, how Sweden used procedural autonomy to implement the EU directive at the national level. The EU law methodology further guides how national laws are to be interpreted considering obligations under the EU law. This paper further applies a comparative review to determine the differences in the approaches used by the AEI directive and relevant Swedish national laws to facilitate access to environmental information. Findings Despite Sweden used a minimalist approach rather than maximal harmonization while implementing the AEI directive at the national level, the Swedish model of the accessibility and availability of environmental information is fully compliant with the principles of good administration. The Swedish approach has an enormous effect on promoting access to environmental information as an integral part of good governance and fundamental rights. Research limitations/implications It was not possible to perform a comparative review of court cases on relevant issues from different EU member states. Practical implications Access to environmental information could be a tool for environmental democracy and sustainable development. Social implications Access to environmental information could contribute to more public engagement and participation in environmental decision making and hence could make developmental projects more inclusive to meet societal objectives. Originality/value This study makes a unique contribution by evaluating access to environmental information in the context of the principles of good administration under EU law.

Discussion on plastic waste management hierarchy

Although recycling is one of the main solutions proposed in the waste hierarchy established by the Waste Framework Directive, the effective recycling of plastic packaging waste in Italy is still insufficient. Through a review of European Union and Italian legislation, recycling strategies and technological innovations, such as the use of bioplastics and chemical recycling, this work aims to help fill possible knowledge gaps and guide decisions in both, the public sector and the private sector, in the development of policies that enhance the management of plastic packaging waste. Among the results it was found that the low recycling rate of plastic packaging is in partly due to the technical and regulatory limitations that exist at European level for the growth of innovative solutions in the plastic industry. These limitations include the complexity of plastic packaging waste streams and the lack of a single European Union Directive that harmonizes the laws of the Member States regarding the use of bioplastics, chemical recycling technologies and value-added products obtained.

Legal and Technical Challenges of Developing Robust Traceability Systems for Genetically Modified Organisms

This article examines the legal and technical challenges in developing effective traceability systems for genetically modified organisms (GMOs), focusing on the European Union's Directive 2001/18/EC framework. Using qualitative research methods and a doctrinal approach, we analyze legal texts, case law, and scholarly literature to evaluate current regulations and tracking technologies. Our objective is to identify key barriers to implementing comprehensive traceability and propose potential solutions within existing legal frameworks. The study employs content analysis of EU directives, particularly Directive 2009/41/EC on the contained use of GMMs, and conducts semi-structured interviews with legal experts and regulators. Results indicate significant complexities in harmonizing tracking across member states and technical challenges in maintaining the "high level of protection" mandated by EU law. We recommend refining legal definitions, enhancing risk assessment protocols, and exploring advanced detection methods compatible with current regulations. This research contributes to ongoing debates on balancing scientific innovation, environmental protection, and consumer rights in governance.

The Legal Research Methodology as a Method for Researching in Business Area: A Case Study Applied to Gymnasiums

Abstract: Purpose – The main objective of this paper is to understand how the analysis of laws and jurisprudence influences the decisions of gym managers in Portugal. Design/methodology/approach – For this purpose, the Portuguese tax law was investigated, particularly the Value Added Tax law and additional legal dispositions. It also researches the arbitral case law related to nutrition consulting in sports activity companies. Findings – The nutrition consultation is considered a medical act subject to the legal disposition of article 9º of the Value Added Tax Code, which means that when the medical service is provided by a professional, the beneficiary of the services can benefit from the VAT exemption. This disposition observes the European Union Directive 2006/112/EC of the European Council. Nevertheless, when a nutritionist provides these services through an entity that offers sports activities like gyms, some doubts are raised because it can be considered that nutritional monitoring has no therapeutic purpose. Customers could not benefit from the VAT exemption if some conditions were not observed. The arbitral tax court has been considering that it needs to keep some requirements for that exemption could be applied to the gym services. In several cases, fulfilling the conditions is complex and generates litigation between the Portuguese Tax Authority and gyms. In the personal sphere, there are two possibilities for the service's recognition i) if the service is recognized as a consultation, it could benefit as a medical expense in the personal income tax statement; ii) if it is not considered as a medical expense, each person can deduct 15% of the VAT in the same statement. Originality: This paper demonstrates the role that court rulings play in clarifying day-to-day issues for managers. It also shows that laws and court rulings are an essential source of data in management research. Research limitations/implications – This study only analyses the Portuguese case, it could be interesting to study other countries that do not apply the value-added tax law.

Understanding flood risk in urban environments: spatial analysis of building vulnerability and hazard areas in the Lisbon metropolitan area

AbstractClimate change has brought about new risks while exacerbating existing ones, with floods now accounting for about 45% of global disasters. This trend indicates that the exposure to floods and resulting damages will continue to rise. This paper aims to contribute to the global efforts to enhance flood resilience in urban areas by introducing a physical vulnerability index for buildings in flood-prone urban areas and exploring its connection with flood hazard, as defined by the European Union Directive 2007/60/EC. An index-based methodology is proposed to assess the physical vulnerability of buildings to flooding, utilising the Portuguese Census and Georeferenced Buildings Database, collected on a nationwide scale. The physical vulnerability of buildings is evaluated in the context of the Lisbon metropolitan area (LMA) in Portugal, and the results are compared across different scales, contrasting flood hazard information for the entire LMA with the areas identified under the Flood Directive as having significant potential flood risk. Using cluster analysis, spatial patterns of flood risk are identified, highlighting areas where high flood depth and flood velocity overlap the high vulnerability of buildings. Lastly, potential adaptation paths are discussed, considering the diverse nature of the flood hazard and the lessons learnt from other flood events.

A COMMUNICATION MODEL FOR THE EMPLOYEE CREATIVITY IN THE CONTEXT OF SUSTAINABILITY AND ORGANIZATIONAL CULTURE

Creativity is a key competence of present and future-oriented employees of the business organisations, as well as a prerequisite for the success of the companies. By conducting a comprehensive literature review this article discusses on the concept of creativity in organisations, the role of communication in managing the expression of employee creativity. Furthermore, in response to the contemporary needs of organisations to comply with the legal requirements based on the European Union directives on the integration of sustainability into the activities of organisations, the article also examines the concept of sustainability and its intersection with the organisational culture of companies and communication. The communication model developed on the basis of the theoretical assumptions includes empowering, managing and engaging communication, through which the organisational culture promotes the creative expression of employees and their involvement in the implementation of sustainability practices in organisations. In addition, the integration of sustainability as a distinct theme and strategic direction into the organisational culture is also noted and embedded.

Redefining Duty of Care: Challenges and Solutions for Network Service Providers

With the rapid development of Internet and algorithm technology, how to judge the "duty of care" of network service providers has become a new problem in the field of network infringement. The main topic of this paper is to focus on what kind of duty of care network service providers should bear, and how to solve the problem of responsibility division and commitment in practice. It begins with a comprehensive analysis of the current legal frameworks in China, comparing them with global standards, particularly focusing on the United States' "Safe Harbor" principle and the European Union's Digital Single Market Copyright Directive. It further discusses the challenges of enforcing the duty of care, emphasizing the variability in judicial interpretations and the difficulties in applying traditional legal principles to modern digital contexts. It highlights the need for clearer definitions and preemptive legal measures to mitigate infringement risks, as demonstrated by proactive copyright declarations like those implemented during the 2022 Beijing Winter Olympic Games. Additionally, it examines the potential misuse of the duty of care in competitive business environments, suggesting judicial and legislative strategies to prevent abuse and ensure a fair application of the law. The conclusion advocates for a collaborative approach to reforming duty of care standards, involving a range of stakeholders from legislators to copyright holders, to ensure they are robust yet flexible enough to accommodate future technological developments.

Associations of long-term exposure to air pollution and noise with body composition in children and adults: Results from the LEAD general population study

BackgroundWhile long-term air pollution and noise exposure has been linked to increasing cardiometabolic disease risk, potential effects on body composition remains unclear. This study aimed to investigate the associations of long-term air pollution, noise and body composition. MethodsWe used repeated data from the LEAD (Lung, hEart, sociAl, boDy) study conducted in Vienna, Austria. Body mass index (BMI; kg/m2), fat mass index (FMI; z-score), and lean mass index (LMI; z-score) were measured using dual-energy x-ray absorptiometry at the first (t0; 2011-ongoing) and second (t1; 2017-ongoing) examinations. Annual particulate matter (PM10) and nitrogen dioxide (NO2) concentrations were estimated with the GRAMM/GRAL model (2015–2021). Day-evening-night (Lden) and night-time (Lnight) noise levels from transportation were modeled for 2017 following the European Union Directive 2002/49/EC. Exposures were assigned to residential addresses. We performed analyses separately in children/adolescents and adults, using linear mixed-effects models with random participant intercepts and linear regression models for cross-sectional and longitudinal associations, respectively. Models were adjusted for co-exposure, lifestyle and sociodemographics. ResultsA total of 19,202 observations (nt0 = 12,717, nt1 = 6,485) from participants aged 6–86 years (mean age at t0 = 41.0 years; 52.9 % female; mean PM10 = 21 µg/m3; mean follow-up time = 4.1 years) were analyzed. Among children and adolescents (age ≤ 18 years at first visit), higher PM10exposure was cross-sectionally associated with higher FMI z-scores (0.09 [95 % Confidence Interval (CI): 0.03, 0.16]) and lower LMI z-scores (−0.05 [95 % CI: −0.10, −0.002]) per 1.8 µg/m3. Adults showed similar trends in cross-sectional associations as children, though not reaching statistical significance. We observed no associations for noise exposures. Longitudinal analyses on body composition changes over time yielded positive associations for PM10, but not for other exposures. ConclusionAir pollution exposure, mainly PM10, was cross-sectionally and longitudinally associated with body composition in children/adolescents and adults. Railway/road-traffic noise exposures showed no associations in both cross-sectional and longitudinal analyses.

European Union Directive on the Fight Against Money Laundering and the Financing of Terrorism from the Aspect of Human Rights

Abstract This paper analyses the directives of the European Union on the fight against money laundering and financing of terrorism (AMLD) as one of the key measures of the European Union in the fight against international terrorism after September 11, 2001, from the aspect of respect for human rights. Through various revisions, from the first AMLD to the most recent, this legislative framework has been progressively improved to respond to emerging challenges in the financial world and to strengthen the fight against financial crimes. In the paper, a special research focus is given to solutions to the “security vs. human rights” and problems in the implementation of AMLD. The results of the analysis show that the European Union is developing the AMLD measure regarding the dilemma “security vs. human rights” found an adequate balance, i.e. AMLD is continuously developing in such a way that it respects human rights while not jeopardizing the effectiveness of protecting democratic societies within the EU and accepted common values.

The Europeanization of Georgian Consumer Law: A Pathway to Harmonization

Abstract On March 29, 2022, the Parliament of Georgia passed the Law on Protection of Consumer Rights, with its primary provisions taking effect on June 1, 2022. By enacting the Law, Georgia has largely fulfilled its commitment under the Association Agreement with the European Union (EU) to implement EU directives governing consumer protection into its national legislation. However, it is essential to recognize that this reform marks just the initial phase of approximation. Challenges persist, especially in relation to European directives concerning the regulation of the digital marketplace. This article aims to provide a concise overview of the reform facilitated by the adoption of the new Law. Moreover, given that only one year has passed since the implementation of the Law, there remains a lack of practical experience or judicial precedent to assess its positive or negative impacts. Academic studies in this direction are also lacking. Consequently, the discussion in this article primarily centers on the novelty and challenges presented by the Law in the light of EU directives.

О научной дискуссии в отношении понятия «международное двойное налогообложение»

In general the approach of the OECD model tax convention to the definition of international double taxation is widely accepted in the scientific and educational literature. At the same time it would be incorrect to say that there is, in principle, no scientific discussion regarding this concept. In the article the author brings to the reader's attention approaches to understanding international double taxation presented in German literature, including a proposal to adjustt traditional definition from OECD documents in connection with the introduction of the definition of the term “double taxation” in one of the European Union directives on taxation. The author offers a critical overview of the existing approaches, and also discusses the role of the concept of “international double taxation” in Russian tax law.