With or without you...judging politically in the field of Area of Freedom, Security and Justice? Research Papers in Law, 3/2007

From the Introduction. The study of the European Court of Justice’s (ECJ) case law of the regarding the Area of Freedom Security and Justice (AFSJ) is fascinating in many ways.1 First, almost the totality of the relevant case law is extremely recent, thereby marking the first ‘foundational’ steps in this field of law. This is the result of the fact that the AFSJ was set up by the Treaty of Amsterdam in 1997 and only entered into force in May 1999.2 Second, as the AFSJ is a new field of EU competence, it sets afresh all the fundamental questions – both political and legal – triggered by European integration, namely in terms of: a) distribution of powers between the Union and its member states, b) attribution of competences between the various EU Institutions, c) direct effect and supremacy of EU rules, d) scope of competence of the ECJ, and e) measure of the protection given to fundamental rights. The above questions beg for answers which should take into account both the extremely sensible fields of law upon which the AFSJ is anchored, and the EU’s highly inconvenient three-pillar institutional framework.3 Third, and as a consequence of the above, the vast majority of the ECJ’s judgments relating to the AFSJ are a) delivered by the Full Court or, at least, the Grand Chamber, b) with the intervention of great many member states and c) often obscure in content. This is due to the fact that the Court is called upon to set the foundational rules in a new field of EU law, often trying to accommodate divergent considerations, not all of which are strictly legal.4 Fourth, the case law of the Court relating to the AFSJ, touches upon a vast variety of topics which are not necessarily related to one another. This is why it is essential to limit the scope of this study. The content of, and steering for, the AFSJ were given by the Tampere European Council, in October 1999. According to the Tampere Conclusions, the AFSJ should consist of four key elements: a) a common immigration and asylum policy, b) judicial cooperation in both civil and penal matters, c) action against criminality and d) external action of the EU in all the above fields. Moreover, the AFSJ is to a large extent based on the Schengen acquis. The latter has been ‘communautarised’5 by the Treaty of Amsterdam and further ‘ventilated’ between the first and third pillars by decisions 1999/435 and 1999/436.6 Judicial cooperation in civil matters, mainly by means of international conventions (such as the Rome Convention of 1981 on the law applicable to contractual obligations) and regulations (such as (EC) 44/20017 and (EC) 1348/20008) also form part of the AFSJ. However, the relevant case law of the ECJ will not be examined in the present contribution.9 Similarly, the judgments of the Court delivered in the course of Article 226 EC proceedings against member states, will be omitted.10 Even after setting aside the above case law and notwithstanding the fact that the AFSJ only dates as far back as May 1999, the judgments of the ECJ are numerous. A simple (if not simplistic) categorisation may be between, on the one hand, judgments which concern the institutional setting of the AFSJ (para. 2) and, on the other, judgments which are related to some substantive AFSJ policy (para. 3).

Public Procurement Law and Health care: From Theory to Practice. Research Paper in Law, 2/2010

From the Introduction. This contribution will focus on the core question if, how and to what extent the EU procurement rules and principles (may) affect the national health care systems. We start our analysis by summarizing the applicable EU public procurement legislation, principles and soft law and its exact scope in relation to health care. (section 2). Subsequently, we turn to the parties in a contract, subject to procurement rules in the field of health care, addressing both the definition of contracting authorities and relevant case law (section 3). This will then lead to an analysis of possible justifications for not holding a tender procedure in the field of health care (section 4). Finally, we illustrate the impact of EU public procurement rules on health care by analysing a Dutch case study, in which the question whether public hospitals in the Netherlands qualify as contracting authorities in terms of the Public Sector Directive stood central (section 5). Our conclusions will follow in section 6.

Law School

York and Sawyer, architects. The Wiliam W. Cook Legal Research Building was completed in 1931, the third of the four buildings William W. Cook gave to form the Law Quadrangle, 1924-1933. In 1955, the original six level stackroom was increased to ten levels. The underground addition designed by Gunnar Birkerts Associates was completed in 1981.

U.S. oceans policy. Hearing, Ninety-third Congress, first session, on S. Res. 82 ...

Mode of access: Internet.

Plan of a direct election law for determining true primary and final elections [...].

Mode of access: Internet.

The third part of the Institutes of the laws of England: concerning high treason, and other pleas of the crown, and criminal causes.

Initials; manuscript marginal notes.

A research in family law,

"During the course of the last several years the first and the third of these functional divisions of substantive law have been blocked out and developed ... by the members of the faculty of the Columbia law school. Practically the entire field of family law, however, had to be explored anew. The report which we hereby submit is the first step in this field of exploration. A grant of $25,000 was secured from the Laura Spelman Rockefeller memorial foundatin."--p. 4.

1921 annotations to Corpus juris : 1-22 C.J. ; and Workmen's compensation acts third volume permanent cyc annotations : contains annotations from all cases decided since the original treatises were written ; also errata corrected, new principles announced, etc. /

On cover: Annotations, Corpus juris-Cyc service. Permanent volume. 1921. C.J., A-Ev ; Cyc, Ex-Z.

The comparative law of marriage and divorce.

"Table of authorities": p. [xi]-xix.

An alphabetical digest of the public statute law of South-Carolina,

"The two first volumes contain all the English statutes and acts of Assembly of a general permanent nature ... also the constitutions of the state, and of the United States, together with such acts of the Congress of the United States, now in force, as more immediately concern the people ... of the state. These laws are digested under various heads or titles, and arranged alphabetically ... The third volume contains, under various titles, in alphabetical order, all the acts of Assembly, now of force, not contained in the two first volumes, being of a less general and permanent nature."--Introd.

The law of evidence in civil cases /

Includes index.

Dominion law reports.

Cases from all the courts of Canada.

Reports of criminal law cases : decided at the City-hall of the City of New York : with notes and references /

"The second and third volumes contain a large number of cases decided in United States circuit and district courts." --Soule, Lawyer's ref. manual, 1884.

Military implications of the Chemical Weapons Convention (CWC) : hearings before the Committee on Armed Services, United States Senate, One Hundred Third Congress, second session, August 9, 11, 18, 1994.

Mode of access: Internet.

Reports of cases decided by the Honorable Warren J. Woodward, LL. D. : as president judge of the Twenty-third Judicial District in Pennsylvania, comprising the county of Berks /

Includes indexes.