Legality is a traditional normative concept to regulate the relationship between those in power and those subjected to that power. The principle of legality protects the citizen against the arbitrary use of power, or, more precisely, it demands a legal basis (which itself must be of a certain standard) to legitimize State action. Is legality under siege in Europe? The authors contributing to this provocative and important book answer this question in the affirmative. Twenty-one outstanding European legal scholars expose a spectrum of ways in which the traditional legality principle is under pressure because of the creation of new legal orders, including that of the EU, and the interaction between these new orders and that of the State, combined with such factors as expertise driven governance, difficulties of international organisations to meet their objectives due to a lack of adequate powers, and lack of parliamentary control. The question of whether the main functions of legality - legitimating, attributing and regulating the exercise of public authority - are still fulfilled in the context of the overlapping, interacting, and mutually dependent legal orders of the EU, the ECHR, and the Member States is at the background of all the essays in this volume. Recognizing that legality, if it is to survive, demands rigorous reconsideration of its scope and application, the authors interrogate not only such fundamental democratic issues as who has legitimate power to perform legislative acts and through these to exercise of public power over citizens, but also such urgent European problems as the following: * the use of the precautionary principle in EU decision-making; * the scope of the principle that the exercise of public authority must rest on an act of Parliament; * the extent to which the EU can provide a legal basis for action of Member State authorities in the absence of such a basis within Member State legal orders; * the constitutional position of independent 'regulators'; * the requirements that ECJ and ECHR case law impose on the exercise of public authority; * whether legislative results are coherent in the sensitive area of equal treatment; * transparency, legal certainty, enforceability, and implementation of EC Directives in the field of workers' involvement; * new instruments as the Open Method of Coordination and the involvement of social partners in decision making; * the de facto harmonization of national criminal justice systems; and * the prominent role of the EU in the field of data protection. There can be little doubt that the issue of legality and to whom it applies - in a world in which the role of the modern State is changing profoundly - is a crucial one. It is highly important in the context of the ongoing discussion on the meaning of democracy and citizenship. This volume, with its clear message that reconsidering legality demands taking serious issue with the uncertainty engendered by the processes of globalization, will resonate profoundly among practitioners and policymakers in this time of momentous change.

The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual summer courses in the law of the European Community and the protection of human rights in Europe. In addition to general courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy-makers, judges and persons who have held or currently hold the highest position in these fields. The courses are published in the language in which they were delivered (English and French).

The options and powers, which exist at Community level, for taking action in the sphere of "culture" - defined as education, science and culture in its narrower sense - are analyzed in this work. The book also covers the question of the EC's cultural jurisdiction, while particular attention has been paid to the question of the EC's power in the field of broadcasting. In order to consider the changes brought about by the Maastricht Treaty, the author has added a section on the Treaty of European Union.

Incorporating in-depth interviews, statistical data, and prior studies, Fielding illustrates how modern medicine is a victim of its own success. The historical record since the early 19th century shows that the rate of malpractice claims has increased as medicine developed new and more complex procedures. Fielding integrates macro- and micro-levels of analysis to explain how scientific medicine is inherently prone to adverse outcomes no matter how competent medical provides are and how patients often feel their personal experiences and views are marginalized during the course of their medical care. This combination makes it more likely that patients will sue when something goes wrong.

The so-called medical practice crisis is mostly the result of a system of health care that has promoted professional dominance and high-tech care. This system both shapes and is shaped by the daily clinical context in which patients, physicians, and other providers interact. The key policy implication would be to place greater emphasis on primary care and prevention rather than curative or high-tech interventions. For example, aggressive programs to ensure primary care for all, public health, occupational health, and accident reduction would go a long way to improve both the health of the population and reduce the rate of medical malpractice claims.

The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual Summer Courses in the law of the European Community and the protection of human rights in Europe. In addition to General Courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy makers, judges and persons who have held or currently hold the highest position in these fields. The courses are published in the language in which they were delivered (English and French).

The law-making process of the European Union is a topic of primary concern not only for academics from a variety of disciplines, but also for politicians and for citizens of the EU in general. This text should be of interest to all such people, and covers every aspect of this subject. Part I of the book considers issues relating to democracy and legitimacy within the Union, topics which have been the subject of increased debate in the 1990s. Part II explores the role of Parliaments in the law-making process, including both that of the European Parliament and of national parliaments. The focus shifts in Part III to institutional interaction. The contributions within this section highlight the way in which law making operates in the diverse subject areas which fall within the competence of the Community and the Union, emphasizing the way in which the major players interact when passing new legislation. Finally, Part IV considers problems relating to the harmonization, implementation and incorporation of Community law within the Member States. The W.G. Hart Legal Workshop is organized under the auspices of the Institute of Advanced Legal Studies of the University of London.

Rodes examines the legal materials (cases, statutes, canons, and measures) used in the English experience of updating the medieval synthesis of church and state.

No money in the world can compensate the denial of a full and rich life to a newborn child. This is the story of Alma. After a normal and healthy pregnancy, her mother went to give birth to the hospital at a military base in Texas. Rushing through the process, an unscrupulous physician used forceps in such a negligent an irresponsible way as to mar forever Almas brain and body. Nevertheless, the case becomes an example of how, in spite of all odds, a government can be brought to face its responsibility. In an extraordinary demonstration of perseverance and devotion moved by love, Alma's parents along with their Texas attorneys Michael Archuleta and Bill Whitehurts did not leave a single rock unmoved to guarantee their daughter a life nurtured by excellent care and the maximum potential her mutilated brain and body could achieve. In these pages, Alma's father provides us, step by step, the details of the long and painful proceedings to overcome the arguments and tricks government lawyers, experts and officers resorted to while trying to deprive Alma of the resources that would provide her with loving and proper care for life. Moving and dramatic, this tale allows us to become first tier witnesses at a trial in which parental love triumphs to conquer some degree of justice.

This reference text presents a detailed exposition of contractual rights and obligations effected by European Community legislation, regardless of the national law of the contract. It gives a comprehensive account of the state of EC contract law in the late 1990s, including reference to all relevant legislation and judgements of the European Court of Justice. The book is divided into seven chapters, each covering a a separate aspect of contractual relations. The first chapter sets out the rules determining the applicable law of the contract. It deals with the Rome Convention on the applicable national law of the contract as well as the interaction of EC legislation and national law. The next five chapters deal with specific obligations imposed by EC legislation in commercial, employment, consumer, banking and public contracts respectively. The final chapter deals with the Brussels Convention on jurisdiction and judgements. The content of the book reflects as closely as possible the precise wording of the EC legislation together with the precise wording of any relevant dicta of the European Court of Justice, as set out in the "Official Journal" and the "European Court Reports". This French edition is therefore based on the corresponding official text in French, taken from the "Journal Officiel" and the "Recueil".

This volume presents a cogent analysis of the legal and economic consequences arising from expansion in the doctrine of strict liability and the corresponding decrease in the importance of proving fault. Vandall's goal is to illuminate the role of strict liability in the largely unheralded and informal development of the American compensation system. To this end, he examines and explains the widening of strict liability during the last 121 years, with particular emphasis on the past 29 years.

Vandall begins with a historical overview of strict liability, arguing that the policies which have supported the growth of strict liability within products liability also support its application in other areas. By comparing and contrasting the U.S. and British compensation systems, he shows that the U.S. has been drawn towards the adoption of strict liability because it lacks socialized medicine. Subsequent chapters set forth various tests for strict liability and critique the negligence-efficiency theory. Turning to a discussion of contemporary practice, Vandall sets out the present scope of strict liability and asserts that a case can be made for the extension of strict liability far beyond the area of products liability. Finally, Vandall evaluates the reforms aimed at strict liability over the last ten years and concludes that the suggested return to negligence is unwarranted and not supported by facts.

"Europe" is one of the defining issues of our times. Politically, economically, legally, culturally, it is a source of division to some and inspiration for others. This book contains essays written by eminent authors to celebrate the Centenary of the British Academy, the country's leading academic institution for Social Sciences and the Humanities. Their central theme is "Britain's Contribution to the Europe of the Twenty-First Century" and it is approached in an inter-disciplinary way from the different angles of law, politics, economics and the humanities. Contributors: Guido Alpa; Stephen Bann FBA; Vernon Bogdanor CBE, FRSA, FBA; Keith Clark, BCL; Kenneth Dyson FBA, FRHS; David Edward CMG, FRSE; Sir John Elliott, FBA, AAAS; Laurent Fabius; The Rt. Hon. Frank Field MP; Sir Roy Goode QC, CBE, FBA; The Rt. Hon. The Lord Hurd of Westwell, CH, CBE; Giorgio La Malfa; Noelle Lenoir; Nicholas Mann CBE; Basil Markesinis QC, DCL, FBA; Baroness O'Neill of Bengarve, DBE, FBA; The Rt. Hon. The Lord Woolf of Barnes.

An authoritative yet accessible analysis of the historical development and contemporary scope of press freedoms in America. Freedom of the Press: Rights and Liberties under the Law examines the evolution of press freedom in America, a particularly relevant topic given the controversy over the role of the press in the war in Iraq, as well as the growing concentration of ownership of the press, and the impact of the Internet on traditional journalism. An opening analysis of challenges from recent developments like Internet journalist Matt Drudge's "Drudge Report" illustrates the opportunities and implications of a press operating without the traditional gate-keeping process. A historical overview of philosophical ideas and English traditions precedes an exploration into the judicial, regulatory, social, political, and economic developments that have shaped press freedoms, addressing such issues as libel, free press versus fair trial, and access to courtrooms. A chapter is devoted to the impact of new communication and transmission technology such as videophones and satellites. Extensive A-Z entries on key individuals such as Anthony Comstock, events including conflicts in the Middle East and Afghanistan, and concepts and terms Chronology of key developments in the history of press freedom, including the growing conglomeration of the media

Recent developments in the European integration process have raised, amongst many other things, the issue of linguistic diversity, for some a stumbling block to the creation of a European democratic polity and its legal and social institutions. The solution to the 'question of language', involves an understanding of the role played by natural languages and the consequent design of policies and institutional mechanisms to facilitate inter-linguistic and intercultural communication. This is not an exclusively European problem, and nor is it entirely new, for it is also the problem of linguistic majorities and minorities within unitary nation-states. However, the effects of globalization and the diffusion of multiculturalism within nation-states have given renewed emphasis to the question of language in diverse societies. Facing the question anew involves reconsidering traditional ideas about social communication and the public sphere, about opinion-formation and diffusion, about the protection of cultural and linguistic minorities, and about the role that language plays in the process of formation of political and legal cultures. This volume is intended as a multidisciplinary contribution towards studying and assessing the range of problems that form the 'language question' in Europe and diverse societies.

The entertainment business is a most democratic field, offering success to anyone who has the talent, ability, and drive to master their art. But in order to achieve this goal, an individual must also possess knowledge, particularly in the area of contracts and agreements. This work represents a comprehensive overview of the procedures, timing, and agreements used in the motion picture, television, and video industries, and provides model contracts and explanations as to why specific clauses are employed and what the mutual benefits of each may be.

The work presents the major contracts utilized in the show business industry in a manner that is readable and understandable to artists, producers, writers, directors, and other members of the entertainment community. Peter Muller breaks the contracts down to their essential elements, and offers detailed accounts of their legal implications for both parties involved. Among the contracts and agreements examined are the personal manager, agent, actor, director, and screen writer agreements; the motion picture distribution agreement; pay-per-view; licensing feature films for television syndication; international coproductions; home video license agreements; endorsements; and independent production financing. This hands-on guide to show business law will prove to be a valuable addition to public, academic, and law libraries, as well as a useful reference tool for literary and talent agencies, entertainment companies, and individuals in the entertainment industry.

Written by some of the leading academic commentators on policing and the criminal justice system in England and Wales, this collection examines the relationship between the law, the application of power, and the administration of justice in these areas. McKenzie brings together a number of key thinkers in the field of criminal justice and policing in the United Kingdom. The essays provide insights into the leading, and often critical, edge of thinking about the nature of law, power, and justice in England and Wales. Examining such areas as the courts, policing, and the prison system, this book also considers criminal activity in two arenas: the nature and responses to street-level crime and the nature of terrorist activity. The involvement of minorities in the system-as victims, as defendants, and as police officers-and the growing need for Europe-wide police responses to international and transnational crime are also considered. Criminal justice statistics, radical criminological thought in England and Wales, and the politics of criminal justice are also examined.

Since its original publication in 1994, Towards a European Civil Code has become an international classic. This fourth edition of the book reflects the current state of the debate on the future of European private law and provides materials for academic teaching in this field. The Chapters of the book, written by a large number of experts on European private law, address the main topics of debate, taking into account the laws of the European Member States, the acquis communautaire in the area of private law and sets of model rules, such as the Principles of European Contract Law and the Principles of European Tort Law. Moreover, in this fourth edition of the volume, authors pay particular attention to recent developments regarding the drafting of a Common Frame of Reference for European private law. With few exceptions, the existing Chapters have been updated, and new contributions have been included on: * private regulation; * the influence of primary EU law on private law; * competition and contract law; * proceduralisation of private law; * the legislative competence of the EU in the field of private law; * constitutional aspects of a European Civil Code; * the notion of damage; * the law and economics of harmonizing European private law; * defects of consent in contract law; * hardship and modification of the contract; * financial services; * suretyships by private persons; * vicarious liability; * liability for land and structures; and * good faith acquisition of movables. Thus, this new, revised and expanded edition of Towards a European Civil Code forms a primary point of reference for policy makers, practitioners, academics and students engaged in matters of European private law.

The evolving information society is creating new economic, cultural and political opportunities. However, it also brings with it new issues and risks, which pose fresh challenges to every legal system. This volume contains articles, written by scholars in pertinent legal fields from all around the world, which analyze and attempt to meet these challenges. The articles contained in this collection present multifaceted intersections of law, information and information technology in the following fields: the emerging legal field of information law; privacy law; intellectual property law; internet law and regulation; stock-market law; authentication of electronic messages and its legal implications.

This book is the outcome of a research seminar with the title of "Delegation of Legislative Powers in the European Community: the Role of Committees" that was held in London on 16th and 17th January 1998. The seminar brought together academics from political and legal science in different countries of the European Community in order to provide as diverse as possible a set of perspectives on the topic. This interdisciplinary approach is also reflected in the book. Some of the chapters of the book are based on papers delivered in the seminar. The first part of the book is primarily devoted to a political science perspective on comitology and provides a general theoretical framework. The second part is concerned with a normative analysis in a legal tradition of the issue of delegation of legislative powers. The aim here is to explore to what extent the national concepts and institutes of delegation of powers can contribute to a better understanding of the Community concept of delegation. The third part of the book concerns the institutional perspective and deals with the history of comitology and the role of the Court of Justice in the development of the system. The fourth and final part of the book examines various areas of EC law, including environmental law, product safety and other areas.

This provocative study investigates the question of whether, and to what extent, stringent EC process or production standards affect regulatory standards in the US and Canada through their effects on trade. Four highly controversial issues - animal trapping methods, beef growth hormones, genetically modified foods and food products, and protection of personal information in data transfers - are examined in great detail. The author combines legal research (EC regulations and directives, WTO cases, national and international regulatory standards and exceptions, records of negotiation and arbitration, and other sources), political and economic analysis, and information and insights gained from 67 personal interviews with officials and representatives of several types of interest groups. The result is a forceful and convincing portrayal of how the major powers are dealing with this most fundamental and complex problem affecting international trade today. This timely study is of extraordinary value in its potential to elucidate comparable manifestations of this fundamental problem in a wide variety of cases, issue areas, and countries, and in its interdisciplinary approach. As such it will be valuable to all lawyers, policymakers, and scholars in the field of international trade and regulatory politics.

A commonly expressed view is that the citizens and the Member States are destined to be overcome by the European Union. There is a sense that the Union of today is not what was intended to be created or acceded to by the Member States or its citizens. The Outer Limits of European Union Law brings together a diverse group of legal scholars to consider aspects of EU substantive, constitutional and procedural law in a manner highlighting the many senses in which the European Union is or can be limited and so demonstrating that the fear of being overcome is largely a false fear. By exploring the mechanisms and devices used to limit the European Union, the contributors also reveal not only the strengths of the various limits, but also and more crucially the weakness of the limits , thereby demonstrating that the prospect of being overcome may be a genuine risk to be guarded against. By considering general themes (eg legitimacy) and core subject areas (eg policing, free movement of goods, remedies) the book reveals the various techniques used by the Court of Justice, Community institutions and Member States to define and modify the outer limits of the European Union and European Union Law.

The sovereignty of the Member States of the European Union limits the competence of the EU in international relations. Yet in certain manifestations - such as its restraints on the treaty-making power of the Member States, and its significant weight in international organizations - the EU is developing what may be regarded as a coherent foreign policy. It is important to examine and come to an understanding of what that policy entails and how it is likely to pursue its development. This symposium, brought together under the auspices of the Institute of International and EU Law of the University of Macerata, presents legal, political, and economic analysis by 19 leading European scholars. The topics covered include: the EU decision-making process in foreign relations; the roles of the EU institutions-the Commission, Council, Parliament, Court of Justice, and Central Bank; economic and monetary policy; international relations law jurisprudence in the ECJ and the Member State judiciaries; supranational vs. intergovernmental models; and erga omnes obligations. In a world becoming ever more interdependent, the European Union is increasingly called upon to play a role on the world stage befitting its collective economic might. As a synthesis of how the EU is currently acting in 2002 - and how it is perceived - this book should be of value.

The North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT) are the first major multilateral treaties to impose obligations on governments concerning the protection and treatment of foreign investments. These obligations are enforceable by private companies. NAFTA and the ECT examines the effectiveness of the investment rules of these treaties and analyzes the mechanisms adopted to enhance compliance, and to facilitate the implementation and enforcement of the relevant rules and regulations. Coverage of this work includes: a conceptual analysis of the precise meaning and theoretical foundation of compliance, implementation, and effectiveness; an examination of issues of direct effect and direct international responsibility in terms of the practical question of the treaties' impact on the domestic regimes of states; an exploration of the issues of transparency and monitoring to achieve enhanced compliance; and a close look at a number of key links in the field - between the investment rules and the workings of national legal and governmental systems, between national and international law, between different disciplines involved (international law, international relations, international politics, and economics), and between transparency and compliance monitoring. NAFTA and the ECT also offers several helpful features, including results from a questionnaire-based survey circulated to the main players in the realm of foreign investment which offer insights on the prevalent perception of the industry towards NAFTA and the ECT; and suggested provisions and frameworks which would enhance the effectiveness of the investment rules. The issues probed and conclusions reached and the interdisciplinary and comparative approach taken should make NAFTA and the ECT a a useful resource for academics, policymakers, and others interested in the effectiveness of international investment agreements and the tools employed in their implementation and enforcement.

There have been a number of EU military operations in the last few years, evidence of a growing European military confidence, which in turn is a reflection of a developing competence in security matters. The creation of the European Union and its Common Foreign and Security Policy by the Maastricht Treaty of 1992 heralded this development, though the idea of a common defense can be traced to the beginnings of European integration. This book provides an analysis of the EU's evolving legal framework and powers on such matters, but it also recognizes that such a framework sits, sometimes uneasily, within the wider body of EU and International Law. The EU's security and defense policy also overlaps with those of other organizations such as the Organization for Security and Cooperation in Europe (OSCE), but more especially the North Atlantic Treaty Organization (NATO). EU relations with NATO have, in particular, caused some concern and are still evolving as both organizations seek to play a wider security role in the post-Cold War, and now post-9/11, era. With security now dominating political agendas at the domestic, regional and international levels, it is no surprise that the EU's concern for security has grown, and, following the Union's respect for the rule of law, has been shaped legally as well as politically. This book evaluates the progress of the Union in this regard in its international context and in its wider context of European integration generally. The analysis is in the main a legal one, but is placed squarely within wider historical and political perspectives.

Cultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. It brings together experts in their respective fields, including not only legal, but also cultural economists, heritage professionals, government representatives, and historians. The diverse backgrounds of the authors offer a cross-disciplinary approach and a variety of views which allows an in-depth scrutinisation of the latest developments pertaining to cultural heritage in Europe.