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IRIS 2004-9:1/28 [LU] Act on Freedom of Expression in the Media

On 8 June 2004 the Grand Duchy of Luxembourg adopted new legislation on the press, repealing the Act of 20 July 1869 on the press and other means of publication, an Act that many commentators considered outdated. The Act of 20 December 1979 on the recognition and protection of the professional title of journalists has also been replaced. By emphasising the guarantee of freedom of expression, the new legislation is closer to the spirit of Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The new legislation reinforces the rights of journalists as...

IRIS 2004-6:1/26 [LU] Amendment of the Act on Copyright, Neighbouring Rights and Databases

By means of an Act of 18 April 2004, the Grand Duchy of Luxembourg has now transposed into its national law European Directive 2001/29/EC of the Parliament and the Council on the harmonisation of certain aspects of copyright and neighbouring rights in the information society (see IRIS 2001-5: 3). This transposition takes the form of a text amending the Act of 18 April 2001 on copyright, neighbouring rights and databases (referred to as "the Act"). Apart from the transposition of the provisions of the Directive, the new Act also amends the scheme for reserved royalties. The new text introduces...

IRIS 2004-6:1/8 European Commission: 6 Member States Referred to Court of Justice over Electronic Communications Framework

On 21 April 2004, the European Commission announced its decision to refer to the European Court of Justice the six Member States that had still not fully implemented the new regulatory framework for electronic communications into their national law (i.e. Belgium, Germany, Greece, France, Luxembourg and the Netherlands). The new framework was to be implemented by July 2003, but 8 Member States failed to meet this deadline and in October 2003 the Commission opened infringement proceedings against those States (see IRIS 2003-10: 5 and IRIS 2004-2: 4). Proceedings against two Member States, Spain (see...

IRIS 2003-4:1/6 Common Declaration by European Film Institutes

The national film institutes of the 15 Member States of the European Union have made a common declaration on the importance of State aid for European films. This is the first time the film institutes have made a common statement. The national film institutes are publicly funded and were founded to support national and European film culture. In this common declaration the institutes express their concerns regarding the necessity for State aid for European films. The institutes are worried that the audio-visual sector in Europe will be left solely to the chances of free market forces. In the declaration,...

IRIS 2003-1:1/33 [LU] Legislation to Protect the Individual in the Processing of Personal Data Comes into Force

The Act of 2 August 2002 on the protection of the individual in the processing of personal data came into force on 1 December 2002. This legislation transposes Directive 95/46/EEC into national legislation and repeals the Act of 31 March 1979 regulating the use of personal data in computer processing, which has been largely ignored. In accordance with the guidelines set out in the Directive, the new Act makes every effort to ensure the quality of the data collected (Article 4), the legitimacy of the purpose of the processing (Article 5) and the protection of the processed data (Article 22). It...