Europe in Search of its Civil Society

Building upon the experience of the Convention for the elaboration of the Charter of fundamental rights and upon the suggestions of the White Paper on European Governance, this article puts forward proposals for a better involvement of the 'civil society' in the system of the European Union. It offers a general diagnosis of the misunderstandings surrounding the notion of 'civil society' and the relationship of representative democracy to participatory democracy. It then draws some lessons from the experiment in deliberative democracy which led to the drafting of the Charter of fundamental rights. Finally, it focuses on the contribution the organisations of the civil society can make to good governance in the European Union. Altogether, the proposals presented tend to encourage a better structuration of the actors of the civil society. Such a structuration, the article concludes, although it is usually considered with suspicion even by those whom it would most benefit, must be seen instead as a condition for the effective exercise of whichever participatory rights might be granted to the organisations of the civil society.     

Regard sur les irréductibles imperfections de la Loi

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

Development and political legitimacy: the cases of Iraq and Afghanistan

Development's policies are based on a set of premises: state‐building, state of law, democratisation, accountability and privatisation. The idea is that the Western concept of democracy could be implemented through the development of a ‘civil society’ of the building from scratch of new institutions. Such a model works when there is political will from the local political authorities and the society to adopt such a model (as was the case in Poland and Hungary after the collapse of the Soviet Union). But in any case a policy of development should be based on political legitimacy. In Iraq, as well as Afghanistan, political legitimacy means abiding with nationalism, Islam and local political culture (often based on clan‐ism and networks). In Iraq, the US policy has deliberately ignored the issue of legitimacy. In Afghanistan, because the US intervention was not part of a great design, it relied more on local constraints and thus has been more effective, or at least, less disruptive. The issue is not opposing a Western model of democracy to a national authoritarian political culture, but to root democracy into the local political culture. If not the policy of strengthening civil society, through political and military pressure as well as NGO's, has a disruptive effect and may lead to a conservative, nationalist and religious backlash.     

Ethnic Profiling: A Rising Challenge for European Human Rights Law

Ethnic profiling, defined as the use of racial, ethnic or religious background as a determining criterion for the adoption of law enforcement decisions, has been rising significantly in Europe, in particular in the wake of the terrorist attacks of 11 September 2001. This article examines whether European human rights law is well equipped to deal with this challenge, and if not, how it should be reformed. Against the widely held assumption that personal data protection legislation is insufficiently protective of 'sensitive' data relating to race or ethnicity, it explains instead why combating ethnic profiling has been made more difficult, rather than less, by an overly protective reading of the requirements of data protection laws. It then discusses the additional measures that European states could take to address more effectively the human rights concerns prompted by the development of ethnic profiling.     

Involvement of the health industry in the fight against doping in sport

Most substances used for doping in sport are legitimate pharmaceutical products deviated from their intended therapeutic applications. One of the major challenges for anti-doping authorities, in anticipation of future doping trends, is to assess the doping potential of drugs in development by the health industry and to timely develop anti-doping analytical methods to detect their abuse before such drugs become available to athletes intending to use them as doping agents. In this regard, the World Anti-Doping Agency (WADA) has recently consolidated several agreements with representatives from the pharmaceutical sector in order to establish a framework of collaboration and to facilitate the identification and transfer of information on drugs in development. The context of the collaborative effort between WADA and the pharmaceutical and biotechnology industries, as well as the role of drug regulatory agencies in an integrated process in support of the fight against doping in sport are described in this article.     

On the use of IRMS in forensic science: proposals for a methodological approach

The flourishing number of publications on the use of isotope ratio mass spectrometry (IRMS) in forensic science denotes the enthusiasm and the attraction generated by this technology. IRMS has demonstrated its potential to distinguish chemically identical compounds coming from different sources. Despite the numerous applications of IRMS to a wide range of forensic materials, its implementation in a forensic framework is less straightforward than it appears. In addition, each laboratory has developed its own strategy of analysis on calibration, sequence design, standards utilisation and data treatment without a clear consensus. Through the experience acquired from research undertaken in different forensic fields, we propose a methodological framework of the whole process using IRMS methods. We emphasize the importance of considering isotopic results as part of a whole approach, when applying this technology to a particular forensic issue. The process is divided into six different steps, which should be considered for a thoughtful and relevant application. The dissection of this process into fundamental steps, further detailed, enables a better understanding of the essential, though not exhaustive, factors that have to be considered in order to obtain results of quality and sufficiently robust to proceed to retrospective analyses or interlaboratory comparisons.     

On the origins of a fermier général: Family strategies over seven generations (late sixteenth through the late eighteenth centuries)

Family archives from the French ancien régime period offer the possibility of analyzing complex family strategy in the long term. The present article deals with the Brac family over seven generations, from the sixteenth to the eighteenth century, as it rose in prominence from a start in leatherworking to eventual high office in regional and Parisian public life. Over the centuries, the family accumulated land (the patrimony); used a combination of marital, geographical, professional, and kinship networks to advance its various members; maintained a policy of economic parsimony in its expenditures; and through various procedures favored a single heir in each generation. Though the various lines of the family were geographically dispersed, their activities in the main continued to focus on the ancestral family lands and the local society of its origins.