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How much of European air passengers' personal data should beshared with U.S. border control authorities, and under whatconditions should this take place? This article examines a judgementof the European Court of Justice annulling acts of the EuropeanCommission and the Council that had allowed the transfer ofpersonal information across the Atlantic. After an account ofEC-USA negotiations and the relevant legislative procedure,it considers the findings of the Court as to the formal validityof the above measures, as well as the question of their conformitywith substantive provisions of the European Community Data ProtectionDirective. Finally, it addresses pleas of the European Parliamentnot dealt with by the Court. The article concludes by supportingthe Court's decision, and pointing out the unlawfulness of formerand current data transfers of this type.  相似文献   

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Sex education is a controversial area of public policy and over the last 20 years it has also been highly politicized. The election of the Labour government in 1997 raised the hopes of children's rights and health campaigners for a move away from the traditional moralistic approach adopted by the previous administration in favour of a more progressive and pragmatic approach. To date the government has attempted, unsuccessfully, to repeal Section 28 of the Local Government Act 1988, has amended the statutory framework for sex education in the Learning and Skills Act 2000 and in July 2000 issued new guidance on sex and relationship education. This article examines how these recent developments attempt to reconcile parental and local control with the need for a more uniform provision and how they attempt to pragmatically acknowledge the sexual activity of young people and at the same time deny young people autonomy and uphold the norm of children as ideally non-sexual.  相似文献   

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劳动教养制度创设至今已经近 50 年。劳教制度的存在具有历史和现实的合理性。但是,劳教制度本身又存在难以克服的制度性缺陷。劳教制度的改革应该坚持依法治国的方向,走刑事司法改革、刑事一体化的道路。通过《刑法》和《刑事诉讼法》的全面改革和调整,填补现行刑事司法制度中的结构性制度性缺陷,承担劳教制度的社会责任,促进司法改革的发展,实现劳教制度的自然终结。  相似文献   

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Taking into account the political and social transformations initiated by the 1974 April revolution and the process of democratic transition, this article analyzes the political context and issues registered in documentary films in the period 1974–76. In their own way, documentary films carried a certain cultural praxis and social memory through the variety of symbols, beliefs, values, attitudes, and discourses that lay within these documentaries, allowing us to evaluate the dynamics of both power and legitimacy implicit in political culture. This article will focus on the cultural and political implications of documentary films on political theory in regards to the Portuguese democratic transition.  相似文献   

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