The European Parliament and the Future of Comitology after Lisbon: Lessons to be drawn from the Regulatory Procedure with Scrutiny for Delegated Acts

The history of comitology – the system of implementation committees that control the Commission in the execution of delegated powers – has been characterised by institutional tensions. The crux of these tensions has often been the role of the European Parliament and its quest to be granted powers equal to those of the Council. Over time this tension has been resolved through a series of inter-institutional agreements and Comitology Decisions, essentially giving the Parliament incremental increases in power. This process came to a head with the 2006 Comitology reform and the introduction of the regulatory procedure with scrutiny (RPS). After just over three years of experience with the RPS procedure, and having revised the entire acquis communautaire, the Treaty of Lisbon made has made it redundant through the creation of Delegated Acts (Article 290 TFEU), which gives the Parliament equal rights of oversight. This article aims to evaluate the practical implications that Delegated Acts will entail for the Parliament, principally by using the four years of experience with the RPS to better understand the challenges ahead. This analysis will be of interest to those following the study of comitology, formal and informal interinstitutional relations, and also to practitioners who will have to work with Delegated Acts in the future.

Tthe right to effective judicial protection and disability: the convention on the rights of persons with disabilities

On 13 December 2006, the General Assembly of the United Nations adopted the Convention on the Rights of Persons with Disabilities (CRPD). It is the first comprehensive human rights treaty of the 21st century. The Convention is intended as a human rights instrument with an explicit, social development dimension. It adopts a broad categorization of persons with disabilities and reaffirms that all persons with all types of disabilities must enjoy all human rights and fundamental freedoms. Precisely, the Convention marks a 'paradigm shift' in attitudes and approaches to persons with disabilities The Convention contains two articles directly connected with judicial effective protection, one more than the other, but on the other hand, one cannot be understood without the other. Both articles are Article 12 –Equal recognition before the law- and Article 13 –access to justice- As a scholar in Procedural Law, my contribution to the International Scientific Congress on Private Law of the Philippines and Spain aims to enshrine the relevant importance of the both provisions that guarantee effective judicial protection for persons with disabilities in order to analyze, subsequently, the implementation of them in Spanish legislation

Essays on internationalization in the context of heterogeneous firms

The significant increase in global trade flows in last decades has been one of the main features of the globalization process that started in the 1950s. In general, the main factors behind this increase were linked to (i) the significant reductions of trade costs and technical barriers; (ii) the improvements in transport infrastructure and telecommunications; (iii) the progress of the international financial system and the increasing legal certainty; and (iv) the development of a corporate culture that promotes the internationalization of firms as a strategic tool in order to survive and to grow. The remarkable increase of trade openness has also been observed in the Spanish economy. In this regard, it is clear that the entry into force of the Treaty of Accession of Spain to the European Economic Community (now the European Union) in 1986 played a main role in this dramatic increase. In addition, and because of the deep depression of domestic demand caused by the global financial and economic crisis that started in 2008, the external trade has become a key driver in the economic recovery of the Spanish economy...

The issue of data protection and data security in the (pre-Lisbon) EU third pillar

The key functional operability in the pre-Lisbon PJCCM pillar of the EU is the exchange of intelligence and information amongst the law enforcement bodies of the EU. The twin issues of data protection and data security within what was the EU’s third pillar legal framework therefore come to the fore. With the Lisbon Treaty reform of the EU, and the increased role of the Commission in PJCCM policy areas, and the integration of the PJCCM provisions with what have traditionally been the pillar I activities of Frontex, the opportunity for streamlining the data protection and data security provisions of the law enforcement bodies of the post-Lisbon EU arises. This is recognised by the Commission in their drafting of an amending regulation for Frontex , when they say that they would prefer “to return to the question of personal data in the context of the overall strategy for information exchange to be presented later this year and also taking into account the reflection to be carried out on how to further develop cooperation between agencies in the justice and home affairs field as requested by the Stockholm programme.” The focus of the literature published on this topic, has for the most part, been on the data protection provisions in Pillar I, EC. While the focus of research has recently sifted to the previously Pillar III PJCCM provisions on data protection, a more focused analysis of the interlocking issues of data protection and data security needs to be made in the context of the law enforcement bodies, particularly with regard to those which were based in the pre-Lisbon third pillar. This paper will make a contribution to that debate, arguing that a review of both the data protection and security provision post-Lisbon is required, not only in order to reinforce individual rights, but also inter-agency operability in combating cross-border EU crime. The EC’s provisions on data protection, as enshrined by Directive 95/46/EC, do not apply to the legal frameworks covering developments within the third pillar of the EU. Even Council Framework Decision 2008/977/JHA, which is supposed to cover data protection provisions within PJCCM expressly states that its provisions do not apply to “Europol, Eurojust, the Schengen Information System (SIS)” or to the Customs Information System (CIS). In addition, the post Treaty of Prüm provisions covering the sharing of DNA profiles, dactyloscopic data and vehicle registration data pursuant to Council Decision 2008/615/JHA, are not to be covered by the provisions of the 2008 Framework Decision. As stated by Hijmans and Scirocco, the regime is “best defined as a patchwork of data protection regimes”, with “no legal framework which is stable and unequivocal, like Directive 95/46/EC in the First pillar”. Data security issues are also key to the sharing of data in organised crime or counterterrorism situations. This article will critically analyse the current legal framework for data protection and security within the third pillar of the EU.

External signal-activated liposomal drug delivery systems

Modern drug discovery gives rise to a great number of potential new therapeutic agents, but in some cases the efficient treatment of patient may not be achieved because the delivery of active compounds to the target site is insufficient. Thus, drug delivery is one of the major challenges in current pharmaceutical research. Numerous nanoparticle-based drug carriers, e.g. liposomes, have been developed for enhanced drug delivery and targeting. Drug targeting may enhance the efficiency of the treatment and, importantly, reduce unwanted side effects by decreasing drug distribution to non-target tissues. Liposomes are biocompatible lipid-based carriers that have been studied for drug delivery during the last 40 years. They can be functionalized with targeting ligands and sensing materials for triggered activation. In this study, various external signal-assisted liposomal delivery systems were developed. Signals can be used to modulate drug permeation or release from the liposome formulation, and they provide accurate control of time, place and rate of activation. The study involved three types of signals that were used to trigger drug permeation and release: electricity, heat and light. Electrical stimulus was utilized to enhance the permeation of liposomal DNA across the skin. Liposome/DNA complex-mediated transfections were performed in tight rat epidermal cell model. Various transfection media and current intensities were tested, and transfection efficiency was evaluated non-invasively by monitoring the concentration of secreted reporter protein in cell culture medium. Liposome/DNA complexes produced gene expression, but electrical stimulus did not enhance the transfection efficiency significantly. Heat-sensitive liposomal drug delivery system was developed by coating liposomes with biodegradable and thermosensitive poly(N-(2-hydroxypropyl) methacrylamide-mono/dilactate polymer. Temperature-triggered liposome aggregation and contents release from liposomes were evaluated. The cloud point temperature (CP) of the polymer was set to 42 °C. Polymer-coated liposome aggregation and contents release were observed above CP of the polymer, while non-coated liposomes remained intact. Polymer precipitates above its CP and interacts with liposomal bilayers. It is likely that this induces permeabilization of the liposomal membrane and contents release. Light-sensitivity was introduced to liposomes by incorporation of small (< 5 nm) gold nanoparticles. Hydrophobic and hydrophilic gold nanoparticles were embedded in thermosensitive liposomes, and contents release was investigated upon UV light exposure. UV light-induced lipid phase transitions were examined with small angle X-ray scattering, and light-triggered contents release was shown also in human retinal pigment epithelial cell line. Gold nanoparticles absorb light energy and transfer it into heat, which induces phase transitions in liposomes and triggers the contents release. In conclusion, external signal-activated liposomes offer an advanced platform for numerous applications in drug delivery, particularly in the localized drug delivery. Drug release may be localized to the target site with triggering stimulus that results in better therapeutic response and less adverse effects. Triggering signal and mechanism of activation can be selected according to a specific application.

Mexican Workers in the United States Labour Market: A Contemporary Dilemma

"Ever since the present political boundary separating Mexico and the United States was established in 1848 by the Treaty of Guadalupe Hidalgo and partially amended in 1853 by the Gadsden Purchase, there has been migration of Mexican citizens into the United States. In fact the border between the two nations was completely open until, with the passage of the Immigration Act of 1924, the Border Patrol was established and it became a felony to enter the United States illegally. No quota, however, was applied to immigration from Mexico until 1968. During that year legislation became effective which restricted total annual immigration from all Western Hemisphere nations to 120,000, with a maximum of 40,000 from any one country. Both these figures are regularly exceeded. In 1973, for instance, there were 173,123 legal immigrants from all Western Hemisphere nations, including 70,141 Mexicans. That the real flow exceeds the quotas is explained by the numerous exemptions allowed. With the exception of only three years since 1960, legal immigration from Mexico to the United States has exceeded that of every other nation in the world."

Puolustuskykyinen valtio vai Ruotsin hälytyskello? : Suomen sotilasstrateginen asema kylmän sodan alkuvuosien asiantuntija-arvioissa

The doctoral thesis deals with Finnish and foreign expert s analyses of Finland s military strategic position and defence capability, dating back to the early years of the Cold War. Finland s military high command prepared assessments of the country s strategic position and of the capability of the Defence Forces as grounds for defence planning. Since Finland was located on the Cold War dividing line, the foreign powers were also monitoring the development of Finland s situation. The research carried out had access to the armed forces internal assessments, as well as to analyses prepared by the military intelligence services of Sweden, Britain and the United States. One of the working hypotheses was that after the WWII the ability military leadership to estimate the security political needs of the country and the organisation of its defence was severely weakened so that the dangers of the international development were not perceived and the gradual erosion of defence capability was partly unnoticed. This hypothesis proved to be wrong. Even if the Finnish military intelligence was much weaker than during the war, it was able to provide the military leadership with information of the international military development for the most part. The military leadership was also fully aware of the weakening of the defence capability of the country. They faced the difficult task of making the country s political leadership, i.e. President Paasikivi and the government, also understand the gravity of the situation. Only in the last years of his term in office Paasikivi started to believe the warnings of the military. According to another hypothesis, outside observers considered the Finnish armed forces to primarily act as reinforcements for the Soviet Red Army, and they believed that, in the event of a full-scale war, the Finns would not have been able or even willing to resist a Soviet invasion of Sweden and Norway through Finland. The study confirmed that this was approximately the view the Swedes, the British and the Americans had of the Finnish forces. Western and Swedish intelligence assessments did not show confidence in Finland s defence ability and the country was regarded almost as a Soviet satellite. Finland s strategic position was, however, considered slightly different from that of the Soviet-occupied Eastern European countries. Finland had been forced to become part of the Soviet sphere of interest and security system and this was sealed by the Finno-Soviet Treaty of Friendship, Cooperation, and Mutual Assistance in 1948. Finland had little importance to the military interests of the Western powers. In Sweden s defence planning, however, Finland played a significant role as an alarm bell of a possible Soviet surprise attack, as well as defensive frontline and buffer zone.

Rauhan atomi, sodan koodi : Suomalaisen atomivoimaratkaisun teknopolitiikka 1955-1970

This dissertation investigates the atomic power solution in Finland between 1955 - 1970. During these years a national arrangement for atomic energy technology evolved. The foundations of the Finnish atomic energy policy; the creation of basic legislation and the first governmental bodies, were laid between 1955 - 1965. In the late 1960's, the necessary technological and political decisions were made in order to purchase the first commercial nuclear reactor. A historical narration of this process is seen in the international context of "atoms for peace" policies and Cold War history in general. The geopolitical position of Finland made it necessary to become involved in the balanced participation in international scientific-technical exchange and assistive nuclear programs. The Paris Peace Treaty of 1947 categorically denied Finland acquisition of nuclear weapons. Accordingly, from the "Geneva year" of 1955, the emphasis was placed on peaceful purposes for atomic energy as well as on the education of national professionals in Finland. An initiative for the governmental atomic energy commission came from academia but the ultimate motive behind it was an anticipated structural change in the supply of national energy. Economically exploitable hydro power resources were expected to be built within ten years and atomic power was seen as a promising and complementing new energy technology. While importing fuels like coal was out of the question, because of scarce foreign currency, domestic uranium mineral deposits were considered as a potential source of nuclear fuel. Nevertheless, even then nuclear energy was regarded as just one of the possible future energy options. In the mid-1960 s a bandwagon effect of light water reactor orders was witnessed in the United States and soon elsewhere in the world. In Finland, two separate invitations for bids for nuclear reactors were initiated. This study explores at length both their preceding grounds and later phases. An explanation is given that the parallel, independent and nearly identical tenders reflected a post-war ideological rivalry between the state-owned utility Imatran Voima and private energy utilities. A private sector nuclear power association Voimayhdistys Ydin represented energy intensive paper and pulp industries and wanted to have free choice instead of being associated themselves with "the state monopoly" in energy pricing. As a background to this, a decisive change had started to happen within Finnish energy policy: private and municipal big thermal power plants became incorporated into the national hydro power production system. A characteristic phenomenon in the later history is the Soviet Union s effort to bid for the tender of Imatran Voima. A nuclear superpower was willing to take part in competition but not on a turnkey basis as Imatran Voima had presumed. As a result of many political turns and four years of negotiations the first Finnish commercial light water reactor was ordered from the East. Soon after this the private nuclear power group ordered its reactors from Sweden. This work interprets this as a reasonable geopolitical balance in choosing politically sensitive technology. Conceptually, social and political dimensions of new technology are emphasised. Negotiations on the Finnish atomic energy program are viewed as a cooperation and a struggle, where state-oriented and private-oriented regimes pose their own macro level views and goals (technopolitical imaginaries) and defend and advance their plans and practical modes of action (schemata). Here, not only technologists but even political actors are seen to contribute to technopolitical realisations.

Second mémoire présenté par les Etats Unis du Brésil au gouvernement de la Confédération Suisse, arbitre choisi selon les stipulations du Traité conclu a Rio de Janeiro, le 10 Avril 1897, entre le Brésil et la France : frontières entre le Brésil et la Guyane Française

Nota de conteúdo : V.1. Memoire en reponse aux allegations de la France, accompagne de quelques cartes -- V. 2-3. Documents accompagnes de notes explicatives ou rectificatives, 1. ptie, 1536-1713 ; 2. ptie, 1713-1896 -- V. 4. Texte original de documents traduits dans les tomes 2 et 3 -- V. 5. Album : fac-simile de quelques documents reproduits aux tomes 2, 3 et 4 -- V. 6. Atlas : contenant 86 cartes.

Uma chaga viva no sentimento popular: Rui Barbosa e a questão do Acre

A questão do Acre, entre 1899 e 1901, mobilizou a política externa brasileira da Primeira República. Pelo Tratado de Ayacucho, assinado em 1867, o território do Acre foi entregue à Bolívia. Apesar disso, desde o último quartel do século XIX, a área foi gradativamente colonizada por Brasileiros. Com o Boom da borracha, os bolivianos desejaram utilizar os seus direitos para explorar a região. O governo brasileiro, firmado no Tratado de 1867, consentiu. Em 1899 a legação boliviana chegou ao Acre para estabelecer a soberania da república vizinha. A população acreana, esmagadoramente brasileira, não aceitou a presença boliviana. Fez diversos levantes entre 1899 e 1902, atrapalhando os planos do governo da Bolívia. Diante disso, o governo boliviano considerou a possibilidade de uma exploração indireta, por meio do arrendamento da região. Durante parte desse período, Rui Barbosa atuou através do jornal A Imprensa (1899-1901), em favor dos direitos do Brasil sobre o Acre. Defendeu que da insistência do governo de Campos Sales em afirmar a ascendência boliviana naquela região, decorria a ameaça à soberania e a integridade territorial brasileira, em função do estabelecimento de forças imperialista na fronteira amazônica. Rui formulou, a partir da ambigüidade da redação do Tratado de Ayacucho, a tese da fronteira angular, de acordo com a qual território do Acre era incorporado ao Brasileiro. Em sua reflexão e ação, Rui Barbosa expressou uma expectativa, existente na sociedade brasileira, a respeito de como deveria se processar a política externa do país: resguardando o interesse nacional, que englobava, prioritariamente, a salvaguarda da soberania e do elemento gerador de maior identidade no nacionalismo brasileiro, o caráter monumental de seu território. À solução dada por Rio Branco á questão do Acre, em 1903, através do Tratado de Petrópolis, portanto, antecedeu um amplo debate público sobre um tema de política externa, a questão do Acre, que o Barão teve que considerar no processo de decisão política.

O avesso da costura: uma análise dos escritos de Gabriel Soares de Sousa (c.1540-1591)

O colono português Gabriel Soares de Sousa apresentou à corte de Felipe II da Espanha, por volta de 1587, um dos mais importantes registros sobre o Brasil quinhentista, o Tratado descritivo do Brasil em 1587, e o bem menos conhecido Capítulos de Gabriel Soares de Sousa contra os padres da Companhia de Jesus no Brasil. Esta tese apresenta uma análise da história destes manuscritos quinhentistas, examinado como chegaram até os seus formatos atuais e as suas leituras através dos tempos.

Rola Francji i Niemiec w procesie integracji europejskiej w latach 1992-2007

Francja i Niemcy przez stulecia walczyły o zdobycie władzy i przejęcie wpływów na kontynencie europejskim i traktowały siebie nawzajem jako największe zagrożenie. Jednak tragiczna pierwsza połowa XX wieku przyniosła z jednej strony pragnienie zapewnienia, iż okropności wojny już nigdy się nie powtórzą, a z drugiej strony poczucie, że nieodzowna jest zmiana dwustronnych stosunków panujących między Berlinem a Paryżem. Konieczność stworzenia przestrzeni wolności i współpracy doprowadziła niegdysiejszych wrogów do stworzenia idei integracji najważniejszych części gospodarki. Pomysł zjednoczenia krajów Europy Zachodniej przekształcił się w kolejnych latach w symbol zaangażowania francusko-niemieckiego. Dwie republiki stały się rdzeniem europejskiej współpracy i spiritus movens zmian politycznych, ekonomicznych i instytucjonalnych w powojennej Europie. Po upadku komunizmu w 1989 roku ich rola zyskała nowy wymiar w odmiennych warunkach geopolitycznych - od momentu podpisania Traktatu z Maastricht w 1992 roku francusko-niemiecki duet powiększył swe znaczenie i wpływ na politykę nowej Unii Europejskiej. Realizacja zapisów Traktatu z Maastricht i kolejnych dokumentów, w tym Traktatu z Lizbony, koncentracja na kwestiach reform instytucjonalnych, jak również przygotowania do wschodniego rozszerzenia UE mogą być rozpatrywane jedynie w odniesieniu do wspólnych działań prowadzonych przez nadreński tandem. Realizacja trzech filarów integracji: współpracy w wymiarze ekonomicznym i społecznym, wspólnej polityki zagranicznej i bezpieczeństwa, jak również współpracy policyjnej i sądowej w sprawach karnych, podkreślają znaczenie couple franco-allemand i zwracają uwagę na rolę lidera, jaką Paryż i Berlin odgrywają w dziedzinie integracji.

Continuity and change in monetary policy and banking in Ireland 1922-43

The primary objective of this thesis is to examine the development of monetary policy and banking in southern Ireland from the attainment of independence in 1922 (gained through the Anglo-Irish Treaty of 1921) to the establishment of the Central Bank of Ireland in 1943. This research serves to challenge the overwhelming concentration on the findings of a small number of major works, most notably by Ronan Fanning, Maurice Moynihan and Cormac Ó’Gráda, in the existing historiography. This thesis is based on the research hypothesis that there were two key factors impacting on the development of monetary and banking institutions in Ireland in the 1922-1943 period. First, an exogenous institutional context, primarily Anglo-Irish in focus, in which the wider macroeconomic landscape directly influenced monetary policy and banking in Ireland. Second, an individualist context in which the development of relationships between key individuals dictated development patterns and institutional structures. This research highlights that key Irish policymakers, such as Joseph Brennan, evidenced a more flexible and realistic approach to banking and monetary affairs than is currently recognised. It also develops three further issues which have been overlooked in the existing historiography. First, a germ of monetary reform existed in Ireland from as early as the mid-1920s and was consistent in promoting alternative policies in the period to 1943. Second, this research challenges the view that the creation of the Currency Commission in 1927 and the establishment of the Central Bank of Ireland in 1943 were insignificant events given the continued stagnation in Irish monetary policy in the decades after 1943. Third, this thesis identifies that wider international trends did influence Irish monetary and banking affairs in the 1922-43 period. At both an institutional and more individual level the process of monetary institution building in Ireland was directly impacted by wider international experiences.

Re-embedding economic and social constitutionalism: Normative Perspectives for the E

This chapter proposes a social re-embedding of European constitutionalism by offering a coherent interpretation of EU constitutional principles as contained in the initial articles of the Treaties and the EU’s economic and social constitution as developed by the Court of Justice. It starts from the assumption that European integration is not merely an inter-state endeavour, but also a process that affects social and economic actors, in other words societies all over Europe. It may well ultimately engender a European society – if we are prepared to conceive of a poly-centric society, consisting of diverse components from a wide range of regions, social actors and cultures. Proceeding from the assumption that constitutionalism can be a relevant notion for such a holistic approach to European integration, the chapter develops elements of European constitutionalism relating to socio-economic reality. As national constitutional law, European constitutional law is presented as necessarily incomplete. European constitutionalism will thus have to offer modes of adapting open norms to an ever changing and developing societal reality. The chapter outlines a framework for such constitutionalism which, at the same time, offers opportunities for reconciling the social and economic dimensions in the European integration project through a re-configured notion of constitutionalism.