Bioethics from a social perspective: European Biopolitics Conference]

The European Congress on biopolitics entitled "Connecting civil society implementing basic values" was held in March 2006 in Berlin. It was organised by the Heinrich B?ll foundation and the Institut Mensch, Ethik und Wissenschaft. The aim of the Congress was to provide a forum for discussion on the ethical and social aspects derived from biotechnology and genetics on human beings. This work summarises some of the aspects that reveal the international interest and relevance of this meeting.     

European integration from the agency theory perspective

European integration is a process in which national governments look for higher levels of integration and promote new requests for allocations from the supranational authority while the balance between the benefits and costs of the supranational collective action becomes increasingly favourable. This process may be analyzed as an agency problem where different national governments, acting as principals, try to lead a single agent—the supranational authority—to make a decision on the level of integration. In this paper, decisions on integration of equilibrium are studied as the result of a non co-operative two-stage game, where national governments outline their political support strategies in the first stage and the supranational authority decides the level of integration in the second stage. JEL Classification D72     

The role of competition in health care: a Western European perspective

The Federal Trade Commission and Department of Justice 2004 report Improving Health Care: A Dose of Competition expresses a clear allegiance to competition as the organizing principle for health care. In Europe, by contrast, the key organizing principle of health care systems is solidarity. Solidarity means that all have access to health care based on medical needs, regardless of ability to pay. This is not to say that competition is not important in Europe, but competition must take place within the context of solidarity. This article critiques the report from a European perspective, describes the role of competition in Europe (focusing in particular on European Union law), and suggests that the United States could learn from the European perspective.     

Dualism and the limits of European integration

I should like to express my gratitude to members of the Faculty of Law at the University of Bergen, to whom I presented an earlier version of this paper. I should also like to thank Clare McGlynn for her helpful observations on an earlier draft.     

Strong and weak family ties revisited: reconsidering European family structures from a network perspective

Family systems appear to be an important factor framing people's individual behavior. Thus far, family systems have been primarily addressed on a macro regional level with indirect measures. Revisiting Reher (1998) and the family ties criterion, the main question of this paper is to examine to what extent we perceive family structures differently in Europe by taking direct measures of the structures of people's broader social networks into consideration. Based on the Survey of Health, Ageing and Retirement in Europe (SHARE), we derived two indicators of family regimes based on individual-level data regarding the density of ego social networks: contact frequency and geographic proximity among network members. We aggregated these data and mapped them on the NUTS 2 level regions for various locations in Europe. The results of our analyses exhibit that, based on these two network indicators, significant differences in family structures between European regions exist. These results confirm the classification of strong family Southern and comparatively weaker family Northern European regions to a large extent, though substantial regional differences in and between countries are also revealed. Our findings demonstrate that the classification of European regions largely depends on which indicator of network density we consider. This is particularly obvious in the Eastern European regions where the classification markedly differs according to the type of network indicator. Intriguingly, social networks in Central European regions can be characterized as rather loose, often even looser than the ‘traditional’ weak ties in Scandinavia. Family regimes can, therefore, be regarded as a construct of multiple dimensions of which one dimension may be classified as weak while the other can be strong at the same time.     

Obesity in Europe: the strategy of the European Union from a public health law perspective

In 2007 the European Commission published a White Paper on a "Strategy on nutrition, overweight and obesity", proposing measures to impede the current trend towards a steady gain in weight by Union citizens. In this article, these ideas are discussed critically in the light of the competences of the Union and from a public health law perspective, in order to scrutinise the effectiveness of the measures and to identify shortcomings in the White Paper. One focus of this article will be European food legislation, as food is one of the leading causes of people being overweight or obese.     

A Dutch perspective: the limits of lawful euthanasia

Dutch author Ubaldus de Vries reviews the current state of the euthanasia law in the Netherlands. The legislation, enacted in 2001, creates a medical exception that allows for euthanasia in cases where patients experience "hopeless and unbearable suffering." A brief history of the Dutch approach to euthanasia is set forth, case law is reviewed, and the unique role of the doctor is examined in seeking to understand the extent of one's right to euthanasia in the Netherlands. Because the courts must determine what constitutes "hopeless and unbearable suffering," Professor de Vries analyzes the judicial interpretation of "suffering" and concludes that judicial interpretation has reached its limits, and thus by implication, the limits of lawful euthanasia have been reached.     

Cocaine: a European Union perspective in the global context

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Cocaine: a European Union perspective in the global context     

Legal protection of biotechnological inventions. The European Parliament's perspective]

In 1996, the European Commission put forward a proposal for a Parliament and Concil Directive on the legal protection of biotechnology inventions. The article looks at vicissitudes which characterised the progress of the proposal in the Council and the European Parliament. The future directive will regulate the patentability of biological material, which is a particularly sensitive issue when the material is of human origin. The article also seeks to set the proposed directive in a wider context by referring to forthcoming international Convention Law on biotechnology and to the legal situation in Spain at present.     

Online teaching and copyright from the European Union perspective in COVID times

China-EU Law Journal - Teaching may involve the use of copyrighted works. It is very important that teachers and professors know two things: (1) what kind of contents they can use in their classes;...