Search result: 41 articles

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Year 2005 x

Geoffrey Bowman
The article “The Art of Legislative Drafting” was written by Sir Geoffrey Bowman of the Parliamentary Counsel Office. It is published with the permission of the Controller of HMSO and The Queen's Printer for Scotland. This is a slightly revised version of the Sir William Dale Memorial Lecture for 2005. It was given in the Senate House of London University on 7 November 2005 by Sir Geoffrey Bowman KCB, the First Parliamentary Counsel and a Bencher of Lincoln's Inn.

Ulrich Karpen
Prof. Dr. iur. Universitätsprofessor at the Faculty of Law, University of Hamburg, Germany.

Gergana Maneva
Legal researcher, Centre for European Programmes, American University in Bulgaria.

Patricia Popelier
The author is professor at the Law Faculty of the University of Antwerp, (Belgium), president of the Interuniversity Centre for Legislation (ICW) and auditor of the European Association of Legislation (EAL).

Shaohong Zhuang
MA in Advanced Legislative Sudies, IALS, University of London, LLB in Xiamen University, P.R. China, currently studying for MSc Management, Imperial College, London.

Helen Xanthaki
Senior Lecturer and Academic Director, Centre for Legislative Studies, Institute of Advanced Legal Studies, School of Advanced Study, University of London

Eric B. Litwack
Eric B. Litwack holds a Ph.D. in philosophy from Queen's University at Kingston (Canada). He is a Lecturer in Philosophy at Queen's University at Kingston's International Study Centre, in East Sussex, UK. For assistance in the preparation of this work, he would like to express his gratitude to the University of London's IALS, where he recently completed a research fellowship. Thanks are also due to Grant Amyot, Gerard Horgan and Constantin Stefanou for their helpful critical comments.

Carri Ginter
Carri Ginter is Sworn Advocate (Member of the Estonian Bar Association), Sorainen Law Offices, Tallinn; Lecturer (European Law), Tartu University Institute of Law, Ph.D student at Tartu University; LL.B. (2000) Concordia International University Estonia; LL.M. (2001) European Law, University of Stockholm.

Kristin P. Dutton
J.D. 2006, Indiana University School of Law - Indianapolis. I would like to thank my family and friends for their continued support throughout the writing of this Note. A special thanks, together with all of my love, is extended to my husband Mark Dutton who got me through the tough times.

Andrew R. Klein
Paul E. Beam Professor of Law & Associate Dean for Academic Affairs, Indiana University School of Law - Indianapolis.

Michael Frischkorn
Associate Attorney at Sauce, Tardy & Blumenthal, a small litigation firm based in Noblesville, Indiana, USA.
Article

Parallel Trade in Pharmaceuticals: Reconsidering the Underlying European Community Policies

Commentary on the Opinion of AG Francis Jacobs in Case C-53/03 Bayer/Adalat

Journal European Journal of Law Reform, Issue 3-4 2005
Authors Silvija Aile
Author's information

Silvija Aile
Sijlvia Aile holds an LL.M. in European Union Law from Riga Graduate School of Law, and has worked for the Legal Service of the European Commission.
Article

Het asielbeleid van de Europese Unie: een veiligheidskwestie?

Een discoursanalytische studie naar de constructie van een gemeenschappelijke asielprocedure in Europa

Journal Res Publica, Issue 4 2005
Authors Dominique Van Dijck
AbstractAuthor's information

    This article explores whether the development of a common European asylum policy, and the construction of a directive on minimum standards for the granting of refugee status, is dominated by a security discourse. In such a security discourse, asylum is considered a cross-border threat to the realization of the internal market and the internal stability of Member States. While the social construction of asylum as a problem puts pressure on the traditional humanitarian framework on which international refugee protection is being based. The tension between these two approaches seems to result in a restrictive European common asylum policy, with a focus on control and prevention of migration into the EU. In this article, we analyse the tensions between the security and the humanitarian discourse in primary and secondary sources, using the model of Laclau and Mouffe. We conclude that while creating a common asylum policy, a securitization process is present.


Dominique Van Dijck
Aspirante van het FWO-Vlaanderen Faculteit Politieke en Sociale Wetenschappen, Universiteit Antwerpen.
Article

Populisme en de ambivalentie van het egalitarisme

Hoe rijmen sociaal zwakkeren een rechtse partijvoorkeur met hun sociaal-economische attitudes?

Journal Res Publica, Issue 4 2005
Authors Anton Derks
AbstractAuthor's information

    The decline of traditional class voting is at the centre of the Class Politics debate. From the framework of traditional class analysis a labourer’s right wing vote appears ‘unnatural’. A right wing vote is thought to damage the interests of the economically precarious groups. This paper attempts to understand the phenomenon of so-called unnatural voting behaviour starting from the populism concept. From a theoretical literature study we analyse the relationship between populism and attitudes regarding the economic left-right cleavage. We argue that right-wing populism appeals to a cry for equality, yet at the same time mobilises this sentiment against the institutions of the welfare state. In that way populist right parties succeed in attuning their economic discourse to the socio-economic attitudes of broad layers of the population, including economically precarious categories. The empirical relevance of this hypothesis is tested on the case of Flanders.


Anton Derks
Postdoctoraal Onderzoeker FWO-Vlaanderen aan de Vrije Universiteit Brussel.

    This article explains Belgium’s European policy regarding the CAP reforms of 1992 (MacSharry Reforms) and 2003 (Mid Term Review). It addresses the question whether this policy has changed and, if so, what the conditions of policy change are. We argue that Belgium has a two-track policy regarding the CAP reforms. The first track has a conservatist content, stating that Belgium is not in favour of the proposed reforms. The second track is a the more reformist one, given the untenability of the CAP in the light of the simultaneous global GATT, WTO and/or enlargement negotiations. It is argued that the political colour of the Agriculture Minister influences partly the first track, while the relative importance of the global negotiations over the CAP reform negotiations affects the second track. Moreover, we conclude that the involvement of the Flemish and Walloon Region has not led to a deadlock in the internal policy-making process in Belgium.


Tom Delreux
Aspirant van het FWO-Vlaanderen, Instituut voor Internationaal en Europees Beleid, Katholieke Universiteit Leuven.

Mark Deweerdt
Licentiaat in de Politieke Wetenschappen. Politiek redacteur bij De Tijd.

    On May 29th 2005, 54.8% of the French population rejected the Treaty establishing a Constitution for Europe in a referendum. Three days later, no less than 61.8% of the Dutch voters followed suit. In the following days, commentators wrote that the French non and the Dutch nee made the EU face its biggest crisis ever. EU President Juncker stated that the EU did no longer inspire “dreaming”. Commission President Barroso warned of “permanent crisis and paralysis” in the EU. At the European Council meeting of June 16th and 17th 2005, European leaders agreed to insert a one-year period of reflection in the ratification process. Moreover, the idea of a deadline for ratification was abandonned. After EU members states also failed to agree on the 2007-2013 budget, a higly disappointed Juncker concluded that the EU found itself in a “deep crisis”.
    In comparison to the spring of 2005, the problems the EU faced in 2004 looked relatively easy to solve. However, this is not to say that 2004 should be seen as the calm before the storm. Indeed, the accession of ten new member states and the political agreement on a constitutional treaty made 2004 a milestone in recent EU integration history. Starting from the policy measures taken by the EU members states in the aftermath of the terrorist attacks in Madrid, this contribution focuses on the major political and economic developments in the EU in 2004. Special attention is paid to the elections for a new European Parliament, the Barroso-Commission taking office and the approval of the Treaty establishing a Constitution for Europe.


Edith Drieskens
Assistente aan het Instituut voor Internationaal en Europees Beleid van de Katholieke Universiteit Leuven.

Bart Kerremans
Hoogleraar aan het Instituut voor Internationaal en Europees Beleid van de Katholieke Universiteit Leuven.
Article

Access_open Grondwet en democratie

Journal Netherlands Journal of Legal Philosophy, Issue 2 2005
Keywords verdrag, referendum, lidstaat, constitutie, regering, democratie, Europese unie, identiteit, schade, vervreemding
Authors W. Veraart

W. Veraart
Article

Global Earth Observation for Compliance of International Environmental Agreements

Legal Issues Related to New Developments in Space Applications: Navigation, Remote Sensing and GIS

Journal International Institute of Space Law, Issue 1 2005
Authors M. Onoda

M. Onoda
Article

Use of Nuclear Power Sources in the Exploration of Outer Space

Legal Aspects of Expanding Human Presence Beyond Low Earth Orbit

Journal International Institute of Space Law, Issue 2 2005
Authors S.A. Mirmina

S.A. Mirmina
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