Union etc. The EuropeanLaw consists primary of the Law of the Council of Europe, particularly its international treaties. The Council of Europe is a er the European Union the second most important integration political union but it has not the supranational character as the European Union. On the other hand many of the treaties concluded among its member states help to harmonize the law of its members. One of its signiﬁ cant initiatives is in the branch of human rights. The European Convention for the Protection of Human Rights and Fundamental Freedoms (signature in November 1950, eﬀ ectiveness from September 1953) is the fundamental document with the highest values from the view of common European protection of human rights 19 . The number of initiated treaties is
New governance as part of the governance conception is used in a specific way as to distinguish it from traditional law in an EU context, yet without actually leaving behind the law as point of reference. In that respect, governance has been granted the epitheton new in order to emphasise the different premises and values it incorporates compared with law  . It is however not without risk to describe what new governance is exactly comprised of, since different authors do seem to consider its conception differently. According to the Commission’s White Paper on European Governance, the concept of governance can be interpreted as constituting “rules, processes and behaviour that affect the way in which powers are exercised at European level, particularly as regards openness, participation, accountability, effectiveness and coherence”  . In that regard, governance is only described as to what and why it could be distinguished compared with traditional law without actually providing for a definition  . In a seminal contribution on law and new governance, Scott and Trubek indeed consider the classical Community Method (i.e. Europeanlaw) to contrast emerging alternatives or new approaches to governance  . Those authors do even distinguish between new forms of governance proper and new old governance, in order to indicate true alternatives or modifications of the Europeanlaw method  . That however did establish an explanation for the epitheton new, but did not explain the governance concept as such. In that regard it has been stated that “the language of governance rather than government in itself signals a shift away from the monopoly of traditional politico-legal institutions, and implies either the involvement of actors other than classically government actors or the traditional framework of government”  . More specifically, the involvement of civil society, impact assessment and recurring evaluation of norms’ effectiveness, soft-law approaches and greater transparency issues while at the same time assuring democratic legitimacy in a dynamic and swiftly adaptable framework are presupposed  , contrary to authority, rigidity and validity of law. It could be claimed effectiveness is contrasted to validity as being basic premises of governance and law. In that respect, the difference between classical law and new governance appears in the following distinctions that presume a gap between law and governance at first sight.
The potential, as well as the limitations, of Article 13 in the context of disability have already been examined in detail elsewhere, so there is no need to repeat that analysis here.7  I merely wish to stress, however, that it is from this legal basis that we now have the Framework Directive and its protection for people with disabilities in the context of employment and occupation. Moreover, it is from this legal basis that the EU institutions could adopt a more expansive Europeanlaw offering even greater protection against disability discrimination – protection limited only by the scope of the powers found in the treaties themselves. Finally, and perhaps of greater significance for the long- term, the mere existence of Article 13 (and the inclusion of disability as a protected ground) sends a clear message to national authorities that disability policy is just as much about human rights as it is about welfare and rehabilitation. This message is arguably an indirect statement of policy and is reflective of the paradigm shift in disability policy that has already taken place at an international level8  and is similarly reflected at national level in some EU Member States.9  Nonetheless, for the majority of countries within the EU, considerable changes to their law and policy will be required if this is going to be equally reflected within their national systems. It is in this regard, therefore, that the message emanating from Article 13, and the potential it affords for further action in disability law and policy, is most significant.
This section will thus briefly analyze the management and oversight of contracts disciplining the provision of PMSCs’ services, 75 which are also a crucial tool in the regulation of the market and the control over the industry activities. It is indeed astonishing how, while further regulation still need to be enacted, states have often failed to make the most of the basic legal tools at their disposal. Contracts awarded in Iraq have often been “strikingly vague”, not incorporating crucial public law values including human rights, transparency and anti-corruptions norms. 76 In addition, most of these contracts “possess so few guidelines, requirements, or benchmarks that they effectively contain no meaningful evaluative criteria”. 77 Governmental oversight, finally, was also stunningly insufficient: according to a 2004 DOD Inspector General Study, more than half of the contracts had not been adequately monitored. 78 Interestingly, both the industry and its opponents agree that the dramatic increase in the number and total value of PMSCs contracts in the US has not been matched by an adequate increase in governmental resources and personnel dedicated to the management and oversight of contractors. 79 In order for governments to exert market as well as contractual pressures transparently and effectively, ensuring public scrutiny and parliamentary oversight, effective monitoring and assessment criteria need to be enhanced. In addition, greater clarity is needed on what governmental agency is responsible for the drafting and the monitoring of each contract and the budget used to purchase PMSCs services. The contract ensuring the provision of interrogation services by CACI had surprisingly been signed by the Business Centre of the US Department of Interior instead than the DoD. 80
FOURNIER, Katja (22 years old, Belgium) She has a Bachelors degree in Political Science from l'Université Libre de Bruxelles and a Certificate of European Political Studies obtained at l'Institut d'Etudes Politiques of Strasbourg. She is currently pursuing a Master degree in public policy and public management at l'Université Libre de Bruxelles. She speaks Dutch, French, English, German and has a basic skills in Russian. She has worked as a volunteer for a NGO handling social integration issues in Strasbourg (AFEV) and participated in political studies for CEVIPOL (Brussels -ULB).
Regarding pension rights of married couples and registered partners, very little comparative law analyses have been carried out so far. From the national reports follows that this topic needs further attention in future research. National reporters with expertise in the field of family law had to deal with a topic not within their regular field of expertise. There are vast differences between the EU Member States in the field of pension law relating to married couples. Only in Germany and the Netherlands do specific provisions protect spouses by conferring them the right to share/split pension rights accrued during marriage. In other legal systems, pension rights depend on first, second or third pillar pension rights and combinations thereof. There is little information regarding party autonomy on pension rights in the country reports. However, it is clear that pension rights are a substantial part of married couples’ assets and that is why pension rights clauses have been included in the toolkits for married and registered couples.
In the same spirit the European Commission has recently moved to end discrimination against foreign residents where the complexities and obscurities of domestic withholding taxes mean that investors in practice forego refunds or lower tax rates to which they are entitled. Internal Market Commissioner Charlie McCreevy is on record as saying that "if we are serious about promoting cross-border investments in securities in the internal market, member states will have to simplify their withholding tax relief procedures so that foreign investors receive any tax refunds to which they are entitled more quickly and so that tax rules do not hinder financial investors from getting involved in managing such cross-border investments".
On the other hand, when the legal status of TRNC is evaluated, it is seen that the Turkish Cypriots should continue their lives under strict international isolations and embargoes both politically and economically. However, when the economic embargoes are considered, Brewin stated that, ‘‘technically, the political bodies of the EU have never taken a resolution prohibiting against the Turkish Cypriots from exporting to EU. Exports from the northern part of Cyprus to the EU are completely legal. They are subject to the general tariff rates like third country products.’’ 92 This statement unilaterally might be true as the EU accepts TRNC government as a third world country. Nevertheless, TRNC has totally a different state status from the perspective of the EU, which does not consider it having a third country status. The main reason is that the TRNC is seen as an occupied territory with its political problems on legal basis. Therefore, the European Union could not perform its economic policies through the northern part of Cyprus as it does with the other third world countries.
Administrative Law, Environmental Law, Bio Law, Law of Labour and Social Procurement, European and International Law (in English), EU Law, EU Law and Management (in English), Financial Law, Criminal Investigations, Mediation, Law of New Technologies, Law and Police Activity, Law (specializations), International Law (in English), Law and Police Practice
of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime), but this list can be extended by a unanimous decision of the Council. The framework laws can be adopted by qualified majority and codecision. This has finally increased consistency within the Treaty among the objectives of criminal law harmonisation. Finally, and not unimportantly, Article III-172b(2) for the first time makes a clear connection between the substantive policy areas of the EU and enforcement: “If the approximation of criminal legislation proves essential to ensure the effective implementation of a Union policy in an area which has been subject to harmonisation measures, European framework laws may establish minimum rules with regard to the definition of criminal offences and sanctions in the area concerned”. Here too a qualified majority is sufficient. In future, therefore, the criminal law enforcement of European rules concerning the environment or the stock markets can be included in the same legislation or framework law. Chapter IV further defines the tasks of Eurojust and Europol as based on the Treaty. Any expansion of the tasks of the European enforcement bodies must be decided on the basis of unanimity. Finally, Article III-175 provides a legal basis for the expansion of Eurojust into a European Public Prosecutor’s Office with European jurisdiction as regards the investigating, prosecuting and bringing to justice of perpetrators and accomplices of both EU fraud and serious crime affecting more than one Member State. The essence of the Corpus Juris and the Green Paper on the European Public Prosecutor’s Office was followed here. Subject-matter jurisdiction was, however, and rightly so, extended to include cross-border offences and not limited to EC fraud. However, a legal basis is just a legal basis. To this end, a Europeanlaw must be unanimously passed with the approval of the EP. It is also crystal clear that double sovereignty with double jurisdiction, like in the US, is rejected in favour of integrating the European criminal law dimension into the integrated legal order.
Other important strands might need to be emphasised according to the practices and context of particular courses and institutions. First, the study of Roman law is useful in understanding all civil law based systems. Apart from the practical advantages for lawyers of some acquaintance with the legal systems of other Member States, comparative study illuminates how law can develop to meet similar problems in different situations. It uncovers the common principles of Europeanlaw. The study of the new ius commune is both intellectually exacting and practically relevant. Understanding of the civil law is also needed to understand multilateral conventions covering areas as diverse as trade law and human rights. The origin and techniques of such conventions are, of course, very different from traditional statute law” 10 .
Principles of the Law of the European Union (The EU: Legal and Institutional Framework, Introduction to the Law of the European Union, Introduction to Euro- pean Tax Law, Introduction to European Company Law, European Economic and Monetary Union, Legal Gender Studies in European Tax Policy, European Tax Policy and History)
So lis pendens favours the wealthy, the one initiating the relationship break up and the one who is not prepared to consider mediation and counselling. It is difficult to conceive of a more anti-family concept, or one that is more out of step with the whole global ethos of family law practice and pro-marriage policies. Premature or unilateral issuing of divorce petitions, especially when perceived as being for tactical financial reasons, invariably creates huge ill will which casts a shadow over all remaining resolution of issues. It destroys prospects of reconciliation. It hampers co-parenting. It negates meaningful mediation or helpful dialogue. Distrust between the parties is inevitable in all that follows. The court first seised may be far from the country with the most connection with the parties or the one previously agreed by the parties as their chosen country or law. The court first seised may be very slow, may have inadequate disclosure powers and other causes for concern about outcome. Brussels II is certainty and avoidance of litigation against opportunities for fairness and justice, for reconciliation and conciliation. Yet local and national
Whilst the commission considers many of these rules also to be within its legislative competence, only the litigation that is sure to follow the Commission's programme of legislative adjustment to its newly discovered criminal competence will provide an answer. To date, no such Community instrument has survived the codecision process to provide a basis for such a judgment. The framework decision in the Environmental Legislation Litigation was promulgated after the Council, comprised of representatives of Member States' governments, refused to assent to an identical directive. A sufficient number of Member States were opposed to the directive on the grounds that they felt the Community had no competence to prescribe specific criminal penalties to preclude its passage. 142 If this is based on domestic political concerns, there is nothing to prevent them from thwarting Community legislation on the grounds that despite that Competence having been implied by the ECJ, they are unwilling on principle to promulgate Community criminal legislation. This conclusion is supported by the difficulties encountered by recent first pillar legislative proposals rejected or substantially amended during the legislative process as well as the continuation of the legislative process for a framework decision containing criminal law measures combating xenophobia and racism. Where this is the case, the ECJ has effectively ruled out any Union acts aimed at formally setting common standards for protecting the environment through criminal law. Whenever the Community is unable to agree on relevant criminal law measures, enhanced co- operation in the form of Union rules would contravene the reasoning in the Environmental Legislation Litigation. In this way, the Court of Justice may inadvertently have limited, rather than extended, the prospects of European of criminal law harmonisation in the short term. At the very least, the opportunity for expressing non
Kosovo Government’s Action, September 16 2011, to put under control customs points 1 and 31, supported by KFOR forces, this time by EULEX as well, marks a turn in EULEX standings and actions on supporting Kosovo institutions, responsible for law enforcement. While the Government Action of September 16 2011, supported by EULEX officials as well, EU High Representative for Foreign Affairs and Security, Baroness Catherine Ashton, through a press release from the media office, concludes that EULEX and KFOR have started the implementation of the Agreement in Customs Points, which aim to normalize commercial relations between Kosovo and Serbia, interrupted two months ago. It isn’t said that EULEX officials along with Kosovo policemen and Customs officials are settled on Customs Passages 1 and 31 even though such thing exists on the field. In this press release it is stated that the implementation of Customs Cachet Agreement does not prejudge the issue of Kosovo’s Status. 43
Incidentally, the question whether or not PIL rules should be applied was addressed in a pregnant manner in cases brought before the Court of Justice, where the Court faced the question to what extent a national government is free to apply PIL rules in multiple nationality situations – both in family law issues and non-family law issues. This case law shows that through the “switch” of interaction with multiple nationalities, a case can be put on a specific track, which may affect the outcome of the case to a considerable extent; the manner in which Europe has “directed” and “channeled” these cases and its future position in this field are therefore crucial. European Interference in the Regulation of PIL in Interaction with the Unification of Substantive Law, Particularly, International Contract Law Questions concerning PIL in interaction with other branches of law have arisen in the discipline of international contract law as well. In recent years, Europe has been working on the unification of international contract law – by means of the conversion of the Rome Convention 1980 (the European Convention on the Law Applicable to Contractual Obligations) into the “Rome I” Regulation – as well as the unification of substantive contract law – by means of the project of creating a European Civil Code. As for both dynamics, inter alia, the publication by A. Fiorini, “The Codification of Private International Law in Europe: could the Community learn from the experience of Mixed Jurisdictions?”, available at www.ejcl.org, on May 2008 in which he also stated the following on the subject of the Common Frame of Reference: “Once the material harmonization process is complete, there could perhaps be a case for the suppression of private international law within Europe: the material rapprochement would be such that the remaining differences, if any, would be easy to accept on the basis of a full faith and credit type clause”). Also the Green Paper on the conversion of the Rome Convention of 1980 on the law applicable to contractual obligations into a Community instrument and its modernization COM (2002) 654 final, under 1.6.
After the end of the cold war a change of the role of the state has occurred in most European countries. Government was transformed from a carrier of sovereign powers to a service provider in an increasing number of domains. Furthermore, a trend towards deregulation and lean government became dominant. This changed not only the distribution of tasks between the private and public sectors but also the objectives and instruments of governmental activities. Regulation of economic policies has hence become an important object of political science, particularly in network industries such as telecommunications, energy or transport. Recent work in this field has been focussed on describing intermediate "third way" strategies between old style, interventionist, state-oriented policy-making and liberal initiatives to minimise the use of public resources for the implementation of common societal interests. In order to avoid a purely negative description of the objectives and the utility of state action a recent paradigm develops the concept of the "responsibility-sharing ensuring state" which assures the respect of public interests, e.g. in social policy or infrastructure, but does not carry out these activities by itself (Schuppert 2006, 236).