Reforma del estado como mecanismo de control en democracia delegativa: caso reforma judicial Ecuador 2007-2014

The object of this doctoral thesis is the analysis of the political and administrative purpose that is given to the reform process of a vital sector of State powers within the framework of delegate democracy, such as the administration of Justice. The object is also to analyze if State reform in a diminished or non-liberal surrounding increase or improve conditions of democracy in a given situation, based on the constitutional “what should be”, or if what occurs is a process of “seizure” of the functions of State, which becomes an institutional risk. Finally, we will examine the real and effective existence of a horizontal accountability process through the use of institutional resources, which would evidence the existence of an incomplete model of democracy. This analysis implies the relationship between two institutions within public administration: State Reform, as an act of change in State structure in order to improve qualitatively the outcomes and outputs of public policies, and in sum, to make the system work better. This, as it will be examined later, is the case of Latin America as a response of the State to three processes in crisis: fiscal, as in government intervention or in the form of bureaucratic administration. In that scheme of things, this thesis examines the present state of the art in public administration science of this process to prove that in delegate democracy, this type of instruments disregard the constitutive elements of democracy and serve, especially in critical areas of the administration, allowing for Power to dismiss Law. This research seeks to contribute towards an area seldom analyzed regarding public administration doctrine under the light of the theory of law, which is the connection between previous conditions or principal inputs of an execution process of a democracy and, on the other hand, regarding the effects of introducing a reform within models of a changing democracy and new concepts of the rule of law. While reviewing writings regarding State reform, it is clear that no approximations have been previously made in reference to prior conditions of the political system in order to begin operating a reform which respects fundamental rights as an object of this procedure. Furthermore, no analysis has been found regarding structural change of strategic areas in State services as to the effect caused on democratic exercise and the outcome in an open society...

A Review of the Petition Process for the Endangered Species Act

The Endangered Species Act of 1973 (ESA) is an exceptionally powerful law which requires the involvement of many stake holders, including government and non-government professionals. This project reviewed the requirements of the ESA and the expectations of the USFWS and referenced them to the actions taken by the petitioner in the preparation of the petition for the black-tailed prairie dog. The study has shown the knowledge required by the petitioner to submit an effective petition and also the importance of communicating this knowledge so that the federal agencies may make sound decisions when deciding to protect a species and its habitat. This research can be used as a preliminary reference for beginning the process for future petitions.

The Creation of a Legal Ordinance and Program Manual for the Purpose of Illicit Discharge Detection and Elimination

Illegal dumping and improper disposal of pollutants in urban areas can contribute significant pollutant loads to the municipal separate storm sewer system (MS4) and natural environments. Illicit discharges to the MS4 can pose a significant risk to human and environmental health. The Clean Water Act requires that municipalities implement a legal mechanism and plan to detect and eliminate illicit discharges to the MS4. The methodology for program creation included the analysis of other municipal illicit discharge programs, review of state and federal guidance publications, and the review of illicit discharge case-studies. This paper describes a systematic approach applied to the creation and implementation of a legal ordinance and program manual designed for the purpose of illicit discharge detection and elimination (IDDE).

Analysis of the Convention on International Trade in Endangered Species (CITES) and the Endangered Species Act (ESA) and Its Effects on Giant Panda Conservation

The giant panda, Ailuropoda melanoleuca is an endangered species that is protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the Endangered Species Act (ESA). Numerous factors have led to a decline in giant panda populations in China including habitat loss from human activity, poaching, panda inbreeding and a low reproductive rate. This capstone analyzes the effects of CITES and ESA as policies for the protection of panda populations and their habitat. CITES and ESA provide some protection for panda populations in the United States. However, these policies do not address panda habitat protection in China.

Exploitative Abuses: Which Competition Policy, Which Public Policy? Research Papers in Law, 2/2007

As the final session of the day, my aim in this paper is to briefly outline the nature of exploitative abuses before turning to the question of the relationship between competition law and intellectual property law in the context of what Teubner calls the regulatory trilemma and from that draw a two-fold conclusion. First, the demands on law from the social phenomenon of markets are more acute when those demands raise issues across the different law domains of IP and competition. Second, where IP law and competition meet, the aim should be for both domains to internalise the values of the other. This however can only happen to the extent but only to the extent that there can be what Collins1 calls productive disintegration. Finally, in the specific context of exploitative abuses the overlap between IP law and competition law arises primarily in relation to claims of excessive pricing in licensing arrangements. Such claims could form the basis of a private action2 or can be made in the context of compulsory dealing decisions such as Microsoft.3 The involvement of competition agencies in pricing decisions goes to the heart of concerns about the nature of competition law and the role of competition agencies and highlights the need for the law to indirectly control rather than inappropriately attempt to directly control markets.

The Italian Merck Case. Research Papers in Law, 1/2007

From the Introduction. Regulation 1768/921 created supplementary protection certificates (hereinafter, ‘SPCs’) for medicinal products (hereinafter, “pharmaceuticals”) protected by patents. SPCs afford the same exclusive rights as those conferred by patents once these expire and may be granted for a maximum of five years.2 Italy enacted similar legislation in 1991, the most salient difference between both texts being that, pursuant to Law No. 349/91,3 holders of Italian patents for pharmaceuticals could be granted supplementary protection for a maximum period of 18 years after the expiration of the patent. Following the enactment of Regulation 1768/92, SPCs granted by the Italian authorities were brought in line with the period provided for in that text. However, pharmaceuticals for which supplementary protection was sought in the lapse between the adoption of Law No. 349/91 and Regulation 1768/92 (around 400 products) continued to enjoy the protection provided for in the former text.4 Several steps were taken by the Italian authorities to progressively reduce the length of protection granted to these products.

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).

The AstraZeneca Case. Research Papers in Law, 4/2007

Introduction. On June 2005, after a five year investigation, the Commission imposed a 60 millions euros fine on AstraZeneca (hereinafter AZ) for having abused its dominant position in several Member States in the market for proton-pump inhibitors (PPI)2. It was alleged that AZ misused the patent system and procedures for marketing pharmaceuticals to block or delay the entry of generic competitors and parallel traders to its ulcer drug Losec3. This decision is a seminal one. The political and legal importance of the CFI judgment that will review the case (and the ECJ appeal that is likely to follow) cannot be understated. On the one hand the incentive to innovate and to undertake R&D is at stake, on the other, the uncertain boundaries between competition and intellectual property law should once again be explored. In contrast to the US, where many cases concerning the abuse of regulatory and governmental procedures have already been dealt with competition authorities and courts, it is the first time in Europe that such conduct is subject to scrutiny through an anti-trust lens. Moreover, following the appeal brought by AZ against the Commission decision, the CFI will be confronted for the first time with an abuse of a dominant position in the pharmaceutical sector, which explains why this judgment is eagerly anticipated4.

Que reste-t-il de la directive sur les services? = What remains of the Services Directive? Research Papers in Law, 5/2007

No abstract.

Current Problems of Social Europe. Research Papers in Law, 7/2007

From the Introduction. The main difficulty of Theology lies in the fact that the very existence of its subject-matter, God, may be put into question. Talking about Social Europe has something of a theological dimension. The aim of this article is to contribute into the debate, by putting into perspective some of the latest manifestations of social Europe. The need for the pursuance of social policies at the European level is now more pressing than ever (para 2). The EU, however, as it now stands, is the direct evolutionary result of the predominantly economic entity created back in 1957. This explains that the social policies pursued at the European level are piecemeal and often impregnated with market concerns (para. 3). From an instrumental point of view, EU social policy is being pursued concomitantly by secondary legislation (hard law) in the fields where the EU does have the relevant competences and by softer means of cooperation (soft law) in several other fields. Hard law has given the occasion to the European Court of Justice (ECJ), in a series of recent judgments, of putting to the fore the concept of a ‘social market’ (para. 4). Soft cooperation has been formalised into the infamous Lisbon Strategy and has been the main object of experimentation with the open method of coordination (OMC) (para. 5). The advances achieved in the above ways, however, do not offer firm answers to basic questions concerning the future development of the European social identity (para. 6)

Belarus 2006. OSW Report, January 2007

The presidential election of 19 March 2006, which Alyaksandr Lukashenka won, played an important role in developing the dictatorial political regime in Belarus. In order to ensure Lukashenka's victory, the authorities employed repressive and undemocratic methods, which since then have become permanent elements of the political system in Belarus. They included legal and administrative measures to limit the citizens' freedom, arbitrary ways of applying these measures, actions by the state security institutions intended to intimidate the public, a large-scale state propaganda campaign, and restrictions on civil liberties and freedom of speech. The presidential election strengthened Alyaksandr Lukashenka's political position, as the president extended his rule by another five years to 2011. It also reinforced the repression apparatus, consolidated the ruling group and ensured that the democrats remained marginalised. This has ensured the stability of the Belarusian regime and preserved the country's specific political and economic system.This report aims to present the situation in Belarus since the presidential election in March 2006. Part I, devoted to the internal situation, is a description of the internal political scene, i.e. the ruling camp and the opposition. It also includes a section on the prevailing moods in Belarusian society. Another section presents the economic situation in Belarus and the government's economic policy.Part II examines the foreign relations of Belarus, and consists of two sections: the first describes the Belarusian government's relations with Russia, its single most important foreign partner, and the second its relations with Western countries, i.e. the EU member states and NATO countries. Finally, the last part contains predictions of future developments in Belarus.

The Dutch Referendum on the EU-Ukraine Association Agreement: Legal options for navigating a tricky and awkward situation. CEPS Commentary, 8 April 2016

In an advisory referendum held in the Netherlands on April 6th, over 61% of the voters rejected the ratification of the Association Agreement (AA) between the EU and Ukraine. If the Dutch government were to act on the outcome of the referendum, which had a low turnout of 32%, an unprecedented situation would emerge in which an EU international agreement cannot enter into force because a member state is not in a position to ratify it. Although the political character of this referendum and the Dutch Advisory Referendum Act (DRA) and the geopolitical implications of the AA itself have already been the subject of heated discussions in the Netherlands and beyond, the legal implications of this referendum remain unclear.

2007 application guidelines : Community Development Assistance Program : economic development.

The following activities are considered ineligible. 1. Construction of buildings, or portions thereof, used predominantly for general conduct of government (e.g. city halls, courthouses, jails, police stations, etc.) 2. General government expenses. 3. Costs of operating and maintaining public facilities and services (e.g. mowing parks and replacing street light bulbs). 4. Servicing or refinancing existing debt.