According to the two directives a report was to be submitted, no later than 31 December 1995, on the application of the directives.
The tobacco firms say the health minister, Marisol Touraine, "appears to have an extremely wide interpretation of the rules" and accuse her of "arbitrary and disproportionate" application of EU directives.
We ought not to be overly concerned with the execution and application of advanced directives but with the motivation behind them and the dialogue they engender over time [ 4].
As said above, the role confusion and the lack of appropriate terminology in Albanian medical and legal settings are deleterious to the general conception of a 'death in dignity', and toward the application of advance directives for near-death and irreversible conditions.
The purpose of the Commission's present report is to review the application of these directives and to identify areas where improvements can be made before a formal Commission proposal is made to amend the directives.
According to Art. 10, paragraph 3 of the said Directives, the Commission should present, not later than 31 December 1995, a report to the European Parliament and the Council concerning the evaluation of the transposition and application of the Directives by the Member States.
However, this is not enough as safeguarding measure, as the European Court of Justice (ECJ) held in 2008: "A general derogation from the application of the directive in respect of published information would largely deprive the directive of its effect.
In doing so, it covers various aspects of the application of the Directive: the legal transposition measures at the Member States level, the practical implementation of the Directive on the ground, the benefits it has provided to victims as well as the challenges encountered.
This contradicts the application of the directive in the UK.
Taxation is also explicitly excluded from the field of application of this Directive.
