1. European Directives K-268 Seminar April 12 TH 2005 DIT Kevin St

2. Background 1973 Constitutional amendment –Article 29.4.3 Foundations of Community Law

3. Community Law A Supranational Legal Order –Fundamental Rights Relation between Community and National law –The Community Legal Order –Legal Effect of Community Law

4. Legal Effect of Community Law Direct Effect –Treaty –Community Law Regulations, Directives, & Decisions

5. European Integration Molle’s theory of Economic Integration –Markets Goods and Services Factors of production –Policy Economic Monetary –Political union & full Union

6. Molle’s theory FTA (EFTA) Customs Union ICM Common Market Economic Union Monetary Union

7. Common Threads The establishment of a common area without internal frontiers, to achieve this, includes the abolition of obstacle to “Free Movement” and ensuring that competition is not distorted.

8. Place of Establishment “place at which a service provider is determined in accordance with the ECJ”. It involves an actual pursuit of an economic activity for an indefinite period. Place of establishment for a company providing web services is not the place where the web technology is located or accessible but where it pursues its economic activity. Ref: (inter alia) Art 19 e-Commerce Dir

9. Common Threads Autonomy of Community Law –(interlocked & interdependent) Art 10 Member States shall take all appropriate measures to fulfil the Treaty and its objectives Directly applicable –Van Gend & Loos

10. Liability for failure to act 1.Aims of the Community Provision 2.Infringement must be sufficiently serious 3.Causal link (no fault or negligence required)

11. International sector UNCITRALArgentinaEcuadorJapan EUAustraliaEstoniaJordan OECDBermudaGibraltarLithuania US (Fed)BrazilGuernseyMalaysia CanadaH KMexico RussiaChinaHungaryN Z Sth KoreaColombiaIndiaPakistan ThailandCzechIsraelPeru

12. Computing Directives 91/250/EEC – Software Protection Directive 92/100/EEC – Copyright / rental right directive 93/83/EEC – Satellite Broadcasting Directive 93/98/EEC – Copyright term of protection 95/46/EC – Data Protection 96/9/EC – Databases 97/66/EC - ISDN

13. Computing Directives 97/7/EC – Distance Selling Consumer Contracts 97/66/EC – Privacy Protection telecommunication sector 99/93/EC – Electronic Signatures 2000/31/EC – e-Commerce 2000/46/EC – Electronic Money Institutions 2001/29/EC – Copyright Harmonisation 2002/38/EC – VAT 2002/58/EC – DP in electronic communications

14. Directive 91/250/EEC Protection of Computer Programs Date 14 th May 1991 Implementation 1/1/1993 ‘Recognised that there was a significant investment in programs and the ease of copying’ and that this was fundamental to the EC’s industrial development

15. Directive 93/83/EEC Satellite Broadcasting –Date 27 th Sept 1993 –Implementation Jan 1 1995 Harmonising the term of protection. Copyright 70 years after death

16. Directive 96/9/EC Legal protection of Databases –27 th March 1996 –Implementation Jan 1 st 1998 Music CD Excluded Created a ‘sui generis’ right –(contributing to a class of its own; the only one of its kind (Murdoch 1988))

17. Excludes programs used in the making (91/250/EEC) Excludes Rental (92/100/EEC) ‘sui generis’ is to give the ‘database creator’ the option of preventing the unauthorised extraction / reutilisation of all / part of the database Directive 96/9/EC Legal protection of Databases

18. Directive 97/7/EC Distance Contracts –Date 20 th May 1997 –Implementation 20 th May 2000 Prior information to be sent to the consumer Art 4 Misleading advertising (84/450/EEC)