Guido Ferrarini and Eddy Wymeersch (eds)
- Published in print:
- 2006
- Published Online:
- January 2009
- ISBN:
- 9780199202911
- eISBN:
- 9780191707964
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199202911.001.0001
- Subject:
- Law, Company and Commercial Law
EU policy in the area of corporate governance and capital markets is being reoriented. Harmonization is less frequently seen as a concept in company law, regulatory competition is on the rise, and ...
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EU policy in the area of corporate governance and capital markets is being reoriented. Harmonization is less frequently seen as a concept in company law, regulatory competition is on the rise, and experiments in soft law are being carried out. Several member States have recently reformed their corporate laws, either as a reaction to financial scandals or in an effort to enhance investment. Convergence has increased as a result, particularly towards Anglo-American standards. Yet, differences still exist, profoundly rooted in national systems of corporate governance. By contrast, capital market law would seem to be an exception having undergone intense harmonization in the last few years through the Lamfalussy regulatory architecture. Nonetheless, a European system of securities regulation is not yet in place. Regulation is predominantly domestic, each country having its own securities supervisor, while private laws affecting capital markets are still divergent. This volume examines the on-going debate on corporate and financial law reform from an interdisciplinary perspective. Part 1 explores the political determinants of corporate governance and evaluates the likelihood of convergence and the role of regulatory competition. Part 2 considers the Markets in Financial Instruments Directive (MiFID), its central role in the harmonization of EU securities trading, and the intense debate that preceded its adoption. Part 3 provides deeper legal analysis of the MiFID and other core harmonization measures, including the Prospectus and Transparency Directives. Part 4 takes this analysis one step further by offering future perspectives on the post-FSAP era.Less
EU policy in the area of corporate governance and capital markets is being reoriented. Harmonization is less frequently seen as a concept in company law, regulatory competition is on the rise, and experiments in soft law are being carried out. Several member States have recently reformed their corporate laws, either as a reaction to financial scandals or in an effort to enhance investment. Convergence has increased as a result, particularly towards Anglo-American standards. Yet, differences still exist, profoundly rooted in national systems of corporate governance. By contrast, capital market law would seem to be an exception having undergone intense harmonization in the last few years through the Lamfalussy regulatory architecture. Nonetheless, a European system of securities regulation is not yet in place. Regulation is predominantly domestic, each country having its own securities supervisor, while private laws affecting capital markets are still divergent. This volume examines the on-going debate on corporate and financial law reform from an interdisciplinary perspective. Part 1 explores the political determinants of corporate governance and evaluates the likelihood of convergence and the role of regulatory competition. Part 2 considers the Markets in Financial Instruments Directive (MiFID), its central role in the harmonization of EU securities trading, and the intense debate that preceded its adoption. Part 3 provides deeper legal analysis of the MiFID and other core harmonization measures, including the Prospectus and Transparency Directives. Part 4 takes this analysis one step further by offering future perspectives on the post-FSAP era.
Marina Umaschi Bers
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199757022
- eISBN:
- 9780199933037
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199757022.003.0013
- Subject:
- Psychology, Developmental Psychology, Social Psychology
This chapter discusses the procedure for implementing effective programs and policies in regards to technological content. Safety has long been the primary concern of policymakers in terms of ...
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This chapter discusses the procedure for implementing effective programs and policies in regards to technological content. Safety has long been the primary concern of policymakers in terms of children on the internet, for good reason. Unfortunately, it is impossible to eliminate all of the risks associated with children going online, just like it is impossible to guarantee a child’s safety at the playground. It is vital that children and guardians continue to discuss appropriate conduct when online, setting clear, consistent rules. When children and adults are active participants in the creation of policy, their online experiences can be more meaningful.Less
This chapter discusses the procedure for implementing effective programs and policies in regards to technological content. Safety has long been the primary concern of policymakers in terms of children on the internet, for good reason. Unfortunately, it is impossible to eliminate all of the risks associated with children going online, just like it is impossible to guarantee a child’s safety at the playground. It is vital that children and guardians continue to discuss appropriate conduct when online, setting clear, consistent rules. When children and adults are active participants in the creation of policy, their online experiences can be more meaningful.
Leah F. Vosko
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199574810
- eISBN:
- 9780191722080
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199574810.003.0006
- Subject:
- Business and Management, Political Economy, HRM / IR
This chapter analyses contemporary regulations addressing precariousness in forms of employment diverging from the SER's central pillar of continuous employment. The analysis centres on the 1999 EU ...
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This chapter analyses contemporary regulations addressing precariousness in forms of employment diverging from the SER's central pillar of continuous employment. The analysis centres on the 1999 EU Directive on Fixed‐Term Work, which subscribes to equal treatment, and the 2008 EU Directive on Temporary Agency Work, qualifying equal treatment, and efforts to regulate both types of temporary employment in the EU 15. It shows that while SER‐centric approaches extend some protections and benefits to fixed‐term workers, lesser protections apply to temporary agency workers. In many member states, these workers, especially migrant workers and women, tend to be especially precarious since they lack both an open‐ended and bilateral employment relationship.Less
This chapter analyses contemporary regulations addressing precariousness in forms of employment diverging from the SER's central pillar of continuous employment. The analysis centres on the 1999 EU Directive on Fixed‐Term Work, which subscribes to equal treatment, and the 2008 EU Directive on Temporary Agency Work, qualifying equal treatment, and efforts to regulate both types of temporary employment in the EU 15. It shows that while SER‐centric approaches extend some protections and benefits to fixed‐term workers, lesser protections apply to temporary agency workers. In many member states, these workers, especially migrant workers and women, tend to be especially precarious since they lack both an open‐ended and bilateral employment relationship.
Elli Louka
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195374131
- eISBN:
- 9780199871841
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195374131.003.0008
- Subject:
- Law, Environmental and Energy Law
This chapter discusses the issue of institutional effectiveness within the context of the water framework directive (WFD). The WFD prescribes that a river basin district must be managed by a ...
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This chapter discusses the issue of institutional effectiveness within the context of the water framework directive (WFD). The WFD prescribes that a river basin district must be managed by a competent authority. Certain states have interpreted this provision as a requirement to establish river basin districts that would be governed by river basin institutions. Other countries have adopted more of a coordinating outlook to implementation, according to which multiple national, regional, and local authorities are to work together to prepare a river basin management plan. The preoccupation of both new and existing institutions of river basin management is how to ensure a high degree of effectiveness in water management.Less
This chapter discusses the issue of institutional effectiveness within the context of the water framework directive (WFD). The WFD prescribes that a river basin district must be managed by a competent authority. Certain states have interpreted this provision as a requirement to establish river basin districts that would be governed by river basin institutions. Other countries have adopted more of a coordinating outlook to implementation, according to which multiple national, regional, and local authorities are to work together to prepare a river basin management plan. The preoccupation of both new and existing institutions of river basin management is how to ensure a high degree of effectiveness in water management.
Elli Louka
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195374131
- eISBN:
- 9780199871841
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195374131.003.0009
- Subject:
- Law, Environmental and Energy Law
This chapter discusses the centralization and decentralization challenges emerging from the water framework directive. For most member states of the EU, the mandate to manage water at the river basin ...
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This chapter discusses the centralization and decentralization challenges emerging from the water framework directive. For most member states of the EU, the mandate to manage water at the river basin involves an intricate balance between decentralization and centralization because some of the operational tasks delegated to local authorities would need to be coordinated better and some river basin planning would have to devolve to river basin institutions.Less
This chapter discusses the centralization and decentralization challenges emerging from the water framework directive. For most member states of the EU, the mandate to manage water at the river basin involves an intricate balance between decentralization and centralization because some of the operational tasks delegated to local authorities would need to be coordinated better and some river basin planning would have to devolve to river basin institutions.
Melanie M. Morey and John J. Piderit
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780195305517
- eISBN:
- 9780199784813
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195305515.003.0010
- Subject:
- Religion, Church History
This chapter discusses the role of leadership in cultural change and provides practical approaches to assessing and enhancing Catholic institutional culture. Two composite types of visionary leaders ...
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This chapter discusses the role of leadership in cultural change and provides practical approaches to assessing and enhancing Catholic institutional culture. Two composite types of visionary leaders (connective and directive), as well as two degrees of cultural change (adjustment and correction), are adopted to illuminate important strategic leadership choices and analyze their implications for religious cultural enhancement. The chapter explores the connection between leadership style and cultural context, clarifies the role of boards of trustees in choosing presidents and assessing their performance, and identifies the adoption of effective measurement tools for religious performance as a necessary policy change for Catholic colleges and universities.Less
This chapter discusses the role of leadership in cultural change and provides practical approaches to assessing and enhancing Catholic institutional culture. Two composite types of visionary leaders (connective and directive), as well as two degrees of cultural change (adjustment and correction), are adopted to illuminate important strategic leadership choices and analyze their implications for religious cultural enhancement. The chapter explores the connection between leadership style and cultural context, clarifies the role of boards of trustees in choosing presidents and assessing their performance, and identifies the adoption of effective measurement tools for religious performance as a necessary policy change for Catholic colleges and universities.
Alec Stone Sweet
- Published in print:
- 2004
- Published Online:
- January 2005
- ISBN:
- 9780199275533
- eISBN:
- 9780191602009
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019927553X.003.0004
- Subject:
- Political Science, European Union
The evolution is charted, through adjudication, of the rules governing sex equality in European Community (EC) law. The first section, ‘The Normative Structure’, provides an overview of the Treaty of ...
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The evolution is charted, through adjudication, of the rules governing sex equality in European Community (EC) law. The first section, ‘The Normative Structure’, provides an overview of the Treaty of Rome rules and secondary legislation that constitute the domain of sex equality, while the second examines how Art. 141 (which provides that male and female workers shall receive equal pay for equal work) evolved once it had been constitutionalized by the European Court of Justice. Section III, ‘Judicialization: The Court and the Legislator’, focuses on the relationship between the Court, its case law on sex equality, and the production of directives by the EC legislator; the impact is also briefly discussed of the Court's rulemaking on national judicial and legislative processes; topics included are indirect discrimination, occupational pensions, pregnancy and maternity rights. In the fourth section, ‘Adjudicating Sex Equality Law’, an analysis is made of the aggregate data on litigation and adjudication in the field, focusing on how precedent‐based lawmaking has organized the development of this area. The conclusion addresses a range of theoretical issues.Less
The evolution is charted, through adjudication, of the rules governing sex equality in European Community (EC) law. The first section, ‘The Normative Structure’, provides an overview of the Treaty of Rome rules and secondary legislation that constitute the domain of sex equality, while the second examines how Art. 141 (which provides that male and female workers shall receive equal pay for equal work) evolved once it had been constitutionalized by the European Court of Justice. Section III, ‘Judicialization: The Court and the Legislator’, focuses on the relationship between the Court, its case law on sex equality, and the production of directives by the EC legislator; the impact is also briefly discussed of the Court's rulemaking on national judicial and legislative processes; topics included are indirect discrimination, occupational pensions, pregnancy and maternity rights. In the fourth section, ‘Adjudicating Sex Equality Law’, an analysis is made of the aggregate data on litigation and adjudication in the field, focusing on how precedent‐based lawmaking has organized the development of this area. The conclusion addresses a range of theoretical issues.
Mary Briody Mahowald
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780195176179
- eISBN:
- 9780199786558
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195176170.003.0012
- Subject:
- Philosophy, Feminist Philosophy
Cases illustrating variables that arise in the health care of elderly women and their caregivers, and care of the dying are presented. These include questions about ageism, competence to perform ...
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Cases illustrating variables that arise in the health care of elderly women and their caregivers, and care of the dying are presented. These include questions about ageism, competence to perform ordinary functions such as driving, possible loss of capacity for moral agency, advance directives, and decisions about forgoing or terminating life-support. For each topic, empirical and theoretical factors are discussed from an “egalitarian perspective” that imputes privileged status to the standpoint of women.Less
Cases illustrating variables that arise in the health care of elderly women and their caregivers, and care of the dying are presented. These include questions about ageism, competence to perform ordinary functions such as driving, possible loss of capacity for moral agency, advance directives, and decisions about forgoing or terminating life-support. For each topic, empirical and theoretical factors are discussed from an “egalitarian perspective” that imputes privileged status to the standpoint of women.
Rex Martin
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198292937
- eISBN:
- 9780191599811
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198292937.003.0003
- Subject:
- Political Science, Political Theory
Rights are socially established ways of acting or ways of being treated (or, alternatively, such ways as ought to be so established); more specifically, a right so understood is something that is (1) ...
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Rights are socially established ways of acting or ways of being treated (or, alternatively, such ways as ought to be so established); more specifically, a right so understood is something that is (1) fairly determinate and that (2) can be similarly distributed on an individual basis to each and all of those who are relevantly said to be rightholders. A right is always regarded as (3) a beneficial way of acting or of being treated both for the rightholder and, more generally, for society. Thus, (4) it is or should be something socially accepted – recognized and protected in given societies, and such acceptance would be (5) deemed reasonable, even by outsiders, in that it made explanatory sense. Here the way of acting or of being treated in question could be exhibited, plausibly, as a means to, or as a part of, accomplishing some interest or perceived benefit or other good (or desirable) thing. Accordingly, (6) normative directives could be issued to others, to those who are not rightholders, and (7) further initiatives could be taken as a feature of any such successful claim to rights status. The notion of practical inference (itself a part of the theory of the explanation of action) is used to structure much of this analysis.Rights thus understood can be ranged under three main headings: they can be liberties of action (for example, the freedom to travel) but also avoidances of injury (such as the injury of bodily harm) or even the receipt of services (including such things as public schooling, retirement benefits, and medical care).Less
Rights are socially established ways of acting or ways of being treated (or, alternatively, such ways as ought to be so established); more specifically, a right so understood is something that is (1) fairly determinate and that (2) can be similarly distributed on an individual basis to each and all of those who are relevantly said to be rightholders. A right is always regarded as (3) a beneficial way of acting or of being treated both for the rightholder and, more generally, for society. Thus, (4) it is or should be something socially accepted – recognized and protected in given societies, and such acceptance would be (5) deemed reasonable, even by outsiders, in that it made explanatory sense. Here the way of acting or of being treated in question could be exhibited, plausibly, as a means to, or as a part of, accomplishing some interest or perceived benefit or other good (or desirable) thing. Accordingly, (6) normative directives could be issued to others, to those who are not rightholders, and (7) further initiatives could be taken as a feature of any such successful claim to rights status. The notion of practical inference (itself a part of the theory of the explanation of action) is used to structure much of this analysis.
Rights thus understood can be ranged under three main headings: they can be liberties of action (for example, the freedom to travel) but also avoidances of injury (such as the injury of bodily harm) or even the receipt of services (including such things as public schooling, retirement benefits, and medical care).
Daniel Halberstam
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199245000
- eISBN:
- 9780191599996
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199245002.003.0009
- Subject:
- Political Science, European Union
Examines the difference between the European and American perceptions of the effects and desirability of commandeering (the issue of binding commands by central government that force its component ...
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Examines the difference between the European and American perceptions of the effects and desirability of commandeering (the issue of binding commands by central government that force its component states to take regulatory action with respect to private parties) as a mechanism of central–component system interaction. Whereas the USA constitutional jurisprudence prohibits commandeering, the founding charters of the European Union and Germany permit such action. In successive sections, the chapter explores the relevant political and institutional background against which commandeering takes place in the USA, the EU, and Germany. It discusses (1) commandeering in international law and the apparent paradox in American views; (2) the formal supremacy of central law within component legal systems; (3) the ‘viscosity’ of the central legal system, i.e., the intensity of the obligation to adhere to the central legal system's norms; (4) the specificity of commands issued by central to component units of government (the directive as a limited tool of commandeering); (5) the corporate representation of component state systems within the law‐making bodies of central systems; and (6) the relative completeness and effectiveness of the levels of governance and the prominent alternatives to commandeering in each system, with specific reference to central government dependence (or not) on component state resources.Less
Examines the difference between the European and American perceptions of the effects and desirability of commandeering (the issue of binding commands by central government that force its component states to take regulatory action with respect to private parties) as a mechanism of central–component system interaction. Whereas the USA constitutional jurisprudence prohibits commandeering, the founding charters of the European Union and Germany permit such action. In successive sections, the chapter explores the relevant political and institutional background against which commandeering takes place in the USA, the EU, and Germany. It discusses (1) commandeering in international law and the apparent paradox in American views; (2) the formal supremacy of central law within component legal systems; (3) the ‘viscosity’ of the central legal system, i.e., the intensity of the obligation to adhere to the central legal system's norms; (4) the specificity of commands issued by central to component units of government (the directive as a limited tool of commandeering); (5) the corporate representation of component state systems within the law‐making bodies of central systems; and (6) the relative completeness and effectiveness of the levels of governance and the prominent alternatives to commandeering in each system, with specific reference to central government dependence (or not) on component state resources.
Giuseppe Ciavarini Azzi
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198296409
- eISBN:
- 9780191599989
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198296401.003.0004
- Subject:
- Political Science, European Union
The job of the EU in the years ahead is likely to consist more of implementing existing policies than of creating new ones. In addition, the future enlargement of the EU will entail problems of ...
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The job of the EU in the years ahead is likely to consist more of implementing existing policies than of creating new ones. In addition, the future enlargement of the EU will entail problems of implementation for the new member states. In this context, we need to ask two crucial questions: How effectively are Community directives being implemented? And how effective is the control exercised by the Community institutions? Political science has rarely considered these questions together, and while a number of multidisciplinary studies have been carried out on these subjects, they need to be qualified. This chapter attempts to do so. To that end, questions about the implementation of directives in the EU member states are raised. For example, the member state must first take the necessary measures to transpose the directive, and these must then be notified to the European Commission. Is there effective monitoring? How does monitoring work? The chapter offers extensive empirical material on these issues. In concluding, recommendations for policy implementation based on the instrument of directives, especially with a view to enlargement, are offered.Less
The job of the EU in the years ahead is likely to consist more of implementing existing policies than of creating new ones. In addition, the future enlargement of the EU will entail problems of implementation for the new member states. In this context, we need to ask two crucial questions: How effectively are Community directives being implemented? And how effective is the control exercised by the Community institutions? Political science has rarely considered these questions together, and while a number of multidisciplinary studies have been carried out on these subjects, they need to be qualified. This chapter attempts to do so. To that end, questions about the implementation of directives in the EU member states are raised. For example, the member state must first take the necessary measures to transpose the directive, and these must then be notified to the European Commission. Is there effective monitoring? How does monitoring work? The chapter offers extensive empirical material on these issues. In concluding, recommendations for policy implementation based on the instrument of directives, especially with a view to enlargement, are offered.
Vassilis Hatzopoulos
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199572663
- eISBN:
- 9780191738067
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199572663.001.0001
- Subject:
- Law, EU Law
Across the EU services are the cornerstone of the modern economy, accounting for over 70% of national GDPs and over 90% of new jobs created. Fostering trade in services has, accordingly, become ...
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Across the EU services are the cornerstone of the modern economy, accounting for over 70% of national GDPs and over 90% of new jobs created. Fostering trade in services has, accordingly, become central to the EU's vision for developing the internal market. Yet regulating services and their international trade is notoriously complex, and controversial. For years the EU's efforts were limited to sector-specific regulation in key areas, until the adoption of the general Services Directive in 2006. Since then, confronted by the limited success of traditional legal intervention, the EU's attentions have shifted to alternative forms of regulation. This book looks back on the historical development of services law, discusses the nature of impediments to trade in services in the EU, and explains the basic rules and principles applicable to such trade. It also examines the recent development of alternative regulatory methods, such as networking, the use of common standards, private regulation, self-regulation, open methods of coordination, and administrative cooperation. Taking a broad perspective and placing services regulation within its economic context, the book offers a thorough evaluation of current regulatory methods alongside the alternative methods which could be deployed.Less
Across the EU services are the cornerstone of the modern economy, accounting for over 70% of national GDPs and over 90% of new jobs created. Fostering trade in services has, accordingly, become central to the EU's vision for developing the internal market. Yet regulating services and their international trade is notoriously complex, and controversial. For years the EU's efforts were limited to sector-specific regulation in key areas, until the adoption of the general Services Directive in 2006. Since then, confronted by the limited success of traditional legal intervention, the EU's attentions have shifted to alternative forms of regulation. This book looks back on the historical development of services law, discusses the nature of impediments to trade in services in the EU, and explains the basic rules and principles applicable to such trade. It also examines the recent development of alternative regulatory methods, such as networking, the use of common standards, private regulation, self-regulation, open methods of coordination, and administrative cooperation. Taking a broad perspective and placing services regulation within its economic context, the book offers a thorough evaluation of current regulatory methods alongside the alternative methods which could be deployed.
Nils Ringe
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199572557
- eISBN:
- 9780191722431
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199572557.003.0005
- Subject:
- Political Science, Comparative Politics, European Union
Chapter 5 examines the role of focal points as mechanisms of information provision by analyzing a series of legislative proposals as case studies. It draws on interviews with EU officials and the ...
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Chapter 5 examines the role of focal points as mechanisms of information provision by analyzing a series of legislative proposals as case studies. It draws on interviews with EU officials and the statistical analysis of individual final votes on the EP floor. This chapter illustrates how focal points shape EP policy-making processes and outcomes. While Chapter 3 demonstrates that the policy positions of expert legislators determine the positions of their nonexpert colleagues on the EP floor, Chapter 5 shows how this process takes place for invested nonexpert legislators. The legislative proposals analyzed concern EU takeover legislation, the statute and financing of EU-level political parties, proposals on fuel quality and motor vehicle emissions, liability for environmental damage, the liberalization of port services in the EU, and EU citizenship and the free movement of people.Less
Chapter 5 examines the role of focal points as mechanisms of information provision by analyzing a series of legislative proposals as case studies. It draws on interviews with EU officials and the statistical analysis of individual final votes on the EP floor. This chapter illustrates how focal points shape EP policy-making processes and outcomes. While Chapter 3 demonstrates that the policy positions of expert legislators determine the positions of their nonexpert colleagues on the EP floor, Chapter 5 shows how this process takes place for invested nonexpert legislators. The legislative proposals analyzed concern EU takeover legislation, the statute and financing of EU-level political parties, proposals on fuel quality and motor vehicle emissions, liability for environmental damage, the liberalization of port services in the EU, and EU citizenship and the free movement of people.
Christopher Hodges
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199282555
- eISBN:
- 9780191700217
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199282555.001.0001
- Subject:
- Law, EU Law
This book examines the European Community legislation that regulates the safety of consumer products. The book surveys the extent to which this legislation aims to and succeeds in achieving safety ...
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This book examines the European Community legislation that regulates the safety of consumer products. The book surveys the extent to which this legislation aims to and succeeds in achieving safety for a wide range of products. There are different legal requirements for medicines, machines, electronics, toys and so on, which employ different regulatory mechanisms, including pre-marketing assessment, provision of information, control of the manufacturing environment, post-marketing obligations on producers and authorities, and obligations on distributors and users. The book compares the various mechanisms relating to medicinal products, products covered by New Approach Directives, cosmetics, biocides, tobacco products, and consumer products covered by the General Product Safety Directive, and asks why particular mechanisms are used, or not used for different products. The book then moves on to consider what is meant by product ‘safety’, demonstrating the relativity of this concept. It highlights an important problem: that consumers, the media, and experts can all have differing ideas on the level of safety that is relevant and acceptable. The book contends that the systems are in need of review, to ensure they work effectively and give value for money. In some cases, there is a need for more or less control. The volume argues for more systematic collection of safety data, and for consistency in surveillance and enforcement mechanisms across Europe, pointing towards the need for a European Product Safety Agency.Less
This book examines the European Community legislation that regulates the safety of consumer products. The book surveys the extent to which this legislation aims to and succeeds in achieving safety for a wide range of products. There are different legal requirements for medicines, machines, electronics, toys and so on, which employ different regulatory mechanisms, including pre-marketing assessment, provision of information, control of the manufacturing environment, post-marketing obligations on producers and authorities, and obligations on distributors and users. The book compares the various mechanisms relating to medicinal products, products covered by New Approach Directives, cosmetics, biocides, tobacco products, and consumer products covered by the General Product Safety Directive, and asks why particular mechanisms are used, or not used for different products. The book then moves on to consider what is meant by product ‘safety’, demonstrating the relativity of this concept. It highlights an important problem: that consumers, the media, and experts can all have differing ideas on the level of safety that is relevant and acceptable. The book contends that the systems are in need of review, to ensure they work effectively and give value for money. In some cases, there is a need for more or less control. The volume argues for more systematic collection of safety data, and for consistency in surveillance and enforcement mechanisms across Europe, pointing towards the need for a European Product Safety Agency.
Shawn Donnelly
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199579402
- eISBN:
- 9780191723087
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199579402.003.0008
- Subject:
- Political Science, European Union, International Relations and Politics
This chapter shows how member states collectively fought for a regime on company law that preserved their jurisdiction over companies despite rulings by the European Court of Justice (ECJ) that ...
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This chapter shows how member states collectively fought for a regime on company law that preserved their jurisdiction over companies despite rulings by the European Court of Justice (ECJ) that threatened it. This instituted a new normative set of agreements limiting EU powers.Less
This chapter shows how member states collectively fought for a regime on company law that preserved their jurisdiction over companies despite rulings by the European Court of Justice (ECJ) that threatened it. This instituted a new normative set of agreements limiting EU powers.
Shawn Donnelly
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199579402
- eISBN:
- 9780191723087
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199579402.003.0009
- Subject:
- Political Science, European Union, International Relations and Politics
This chapter shows how the Commission and the member states agreed early on the need for delegation and harmonization in the EU on financial market regulation, but could not proceed until the ...
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This chapter shows how the Commission and the member states agreed early on the need for delegation and harmonization in the EU on financial market regulation, but could not proceed until the constitutive and regulative norms sorting out responsibilities were concluded.Less
This chapter shows how the Commission and the member states agreed early on the need for delegation and harmonization in the EU on financial market regulation, but could not proceed until the constitutive and regulative norms sorting out responsibilities were concluded.
Susan Oosthuizen
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9780197266588
- eISBN:
- 9780191896040
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197266588.003.0021
- Subject:
- Archaeology, Historical Archaeology
The chapter focuses on ancient traditions of collective governance over agricultural resources in the context of the growth of early medieval lordship. It begins by drawing attention to the ...
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The chapter focuses on ancient traditions of collective governance over agricultural resources in the context of the growth of early medieval lordship. It begins by drawing attention to the incorporation in highly regular medieval open-field systems found across the English ‘Central Province’ of two contradictory forms of governance: the collective participation of all cultivators in their management and regulation, and highly directive managerialism on lordly demesnes. It investigates that contradiction by exploring the ancient origins of the collective governance of pasture and of irregularly organised open-field arable; and the more recent origins of highly regular open-field systems on middle Anglo-Saxon ecclesiastical estates. The chapter concludes that the emergence of distinctive highly organised large-scale open-field systems in the Central Province may represent the deliberate integration in the interests of agricultural efficiency of long traditions of collective peasant governance with the growing directiveness of early medieval lordly power.Less
The chapter focuses on ancient traditions of collective governance over agricultural resources in the context of the growth of early medieval lordship. It begins by drawing attention to the incorporation in highly regular medieval open-field systems found across the English ‘Central Province’ of two contradictory forms of governance: the collective participation of all cultivators in their management and regulation, and highly directive managerialism on lordly demesnes. It investigates that contradiction by exploring the ancient origins of the collective governance of pasture and of irregularly organised open-field arable; and the more recent origins of highly regular open-field systems on middle Anglo-Saxon ecclesiastical estates. The chapter concludes that the emergence of distinctive highly organised large-scale open-field systems in the Central Province may represent the deliberate integration in the interests of agricultural efficiency of long traditions of collective peasant governance with the growing directiveness of early medieval lordly power.
Roger W. Shuy
- Published in print:
- 2005
- Published Online:
- September 2007
- ISBN:
- 9780195181661
- eISBN:
- 9780199788477
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195181661.003.0010
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
This chapter describes an actual case that was anonymized at the request of counsel. Joseph Mussina was a physician who had previously performed an abortion for an immigrant client who kept calling ...
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This chapter describes an actual case that was anonymized at the request of counsel. Joseph Mussina was a physician who had previously performed an abortion for an immigrant client who kept calling his office about her physical and marital problems. In a bizarre series of calls to him during his busy office hours, she at first tried to get the doctor to script her about what she should tell her husband since she falsely believed the doctor wanted to marry her. Later, she tried to elicit an apology from him for having sexual relations with her during her previous visits. These taped conversations were the entire evidence used against the doctor. Linguistic analysis showed that he never admitted to having engaged in any inappropriate behavior. The speech act of apologizing is central to this analysis.Less
This chapter describes an actual case that was anonymized at the request of counsel. Joseph Mussina was a physician who had previously performed an abortion for an immigrant client who kept calling his office about her physical and marital problems. In a bizarre series of calls to him during his busy office hours, she at first tried to get the doctor to script her about what she should tell her husband since she falsely believed the doctor wanted to marry her. Later, she tried to elicit an apology from him for having sexual relations with her during her previous visits. These taped conversations were the entire evidence used against the doctor. Linguistic analysis showed that he never admitted to having engaged in any inappropriate behavior. The speech act of apologizing is central to this analysis.
Philip Kitcher and Richard Schacht
- Published in print:
- 2005
- Published Online:
- October 2011
- ISBN:
- 9780195183603
- eISBN:
- 9780199850457
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195183603.003.0015
- Subject:
- Music, Opera
In spite of how Wotan’s judgments have apparently developed over the long course of events in the drama, these are still surpassed by other developments. His final judgments are, in a way, not in ...
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In spite of how Wotan’s judgments have apparently developed over the long course of events in the drama, these are still surpassed by other developments. His final judgments are, in a way, not in line with his exploration of possibilities as he still considers the notion that an order is required in establishing the significance and meaning of life. Through examining Wotan’s character, this chapter draws two different kinds of authority: cognitive or epistemic knowledge-based authority which accounts for what a character knows and is allowed to know and directive or action-related and power-based authority wherein the character’s beliefs are embodied in his actions and ability to make things happen. This chapter explores Wotan’s source of directive authority and how he is able to impose changes and affect events with it.Less
In spite of how Wotan’s judgments have apparently developed over the long course of events in the drama, these are still surpassed by other developments. His final judgments are, in a way, not in line with his exploration of possibilities as he still considers the notion that an order is required in establishing the significance and meaning of life. Through examining Wotan’s character, this chapter draws two different kinds of authority: cognitive or epistemic knowledge-based authority which accounts for what a character knows and is allowed to know and directive or action-related and power-based authority wherein the character’s beliefs are embodied in his actions and ability to make things happen. This chapter explores Wotan’s source of directive authority and how he is able to impose changes and affect events with it.
Abdulaziz Sachedina
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195378504
- eISBN:
- 9780199869688
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195378504.003.0007
- Subject:
- Religion, Islam
The chapter deals with the sanctity and integrity of the human body after death. Anatomical dissection and postmortem examinations are a routine part of medical education and diagnostic techniques ...
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The chapter deals with the sanctity and integrity of the human body after death. Anatomical dissection and postmortem examinations are a routine part of medical education and diagnostic techniques that stress the need for such procedure in understanding illnesses and evaluating incompletely known disorders or discovering new diseases. Accordingly, the scope of clinical diagnosis requiring autopsy has expanded beyond the traditionally validated justifications in the classical juridical formulations. One of the major decisions facing a dying person and his family is the possibility of donating organs for transplant. This means allowing surgical procedures that constitute a desecration of the dead in the Shari‘a in order to retrieve an organ. A visible incision into the body or the removal of externally visible or internal organs represents true desecrations. The chapter examines juridical principles that permitted an incision or mutilating procedure for the immediate saving of the life of a patient who is dying of organ failure. The possibility of organ transplantation for saving a critically ill patient did not exist in the past. The relatively high rate of success in organ transplantation has encouraged Muslim jurists to search for legal-ethical justifications to formulate their rulings to keep pace with the demand for such medical procedures, which are already a de facto practice in many hospitals in Muslim countries. All the jurists agree that saving of the life makes it possible to approve lesser evil of desecration for the larger good that such an act promises.Less
The chapter deals with the sanctity and integrity of the human body after death. Anatomical dissection and postmortem examinations are a routine part of medical education and diagnostic techniques that stress the need for such procedure in understanding illnesses and evaluating incompletely known disorders or discovering new diseases. Accordingly, the scope of clinical diagnosis requiring autopsy has expanded beyond the traditionally validated justifications in the classical juridical formulations. One of the major decisions facing a dying person and his family is the possibility of donating organs for transplant. This means allowing surgical procedures that constitute a desecration of the dead in the Shari‘a in order to retrieve an organ. A visible incision into the body or the removal of externally visible or internal organs represents true desecrations. The chapter examines juridical principles that permitted an incision or mutilating procedure for the immediate saving of the life of a patient who is dying of organ failure. The possibility of organ transplantation for saving a critically ill patient did not exist in the past. The relatively high rate of success in organ transplantation has encouraged Muslim jurists to search for legal-ethical justifications to formulate their rulings to keep pace with the demand for such medical procedures, which are already a de facto practice in many hospitals in Muslim countries. All the jurists agree that saving of the life makes it possible to approve lesser evil of desecration for the larger good that such an act promises.
