The Social Dilemma of European Integration

This essay examines the problems that many scholars raise when referring to the EU’s chances of implementing a true, original and effective social model, capable of renewing the Welfare State model developed after the Second World War. The analysis is conducted in the light of the process of ‘constitutionalisation’ in the European Union and of the Lisbon Treaty. Following a constructive approach, the author examines the current debate among European public actors on this issue, with particular emphasis on the ‘advanced enforcement’ of the Nice Bill of Rights evident in the jurisprudence of the European Courts as well as in recently published European Commission documents on ‘flexicurity’.

Illicit arms trafficking and the limits of rational choice theory: the case of the Balkans

Organized crime is often conceptualized as a business enterprise formed by actors motivated by profits. The Balkans represents an ideal case for testing the extent to which assumptions about the image of actors involved in illegal arms trading can be extrapolated to the macro-level of analysis. Focusing mainly on public discourse, this paper points to several thematic categories of illicit arms trafficking: i) profit-oriented arms trafficking involving organized crime groups ii) trafficking of arms for the purpose of arming criminal-terrorist formations and iii) state-sponsored illegal arms trafficking. Although economic incentives appear strong in many cases, other cultural, social and political issues also frame the illicit arms market in the region. We argue that both understanding and policing organized crime should also embrace the non-economic nature of this type of criminal behavior.

Off-label Paediatric Drug Use for Juvenile Depression and the Clinical Trial Regulations 2004: The Impact of Available Protective Mechanisms

Across Europe, around one in four adults experience a mental health problem in any 1 year. It is estimated that 2–6% of children and adolescents suffer from depression and suicide is now the third leading cause of death in 10–19 year olds. Despite traditional Freudian teachings that children rarely suffer from clinically diagnosed depression, treatment figures for juvenile depression have soared in recent years. For adults, the current treatment trend, as advocated by the National Institute for Health and Clinical Excellence (NICE), is the use of Selective Serotonin Reuptake Inhibitors (SSRIs), such as Prozac. For children, efficacy of such treatment remains difficult to judge as all SSRI use in paediatric care remains ‘off-label’ or unlicensed. Notwithstanding this, in 2006 the European Medicines Agency (EMEA) advocated the use of Prozac within the EU for children from the age of eight, a position that reinforced the stance adopted by NICE in 2005. These recommendations have been made despite growing concern that many SSRIs have some serious side effects. In new legislation for paediatric medicines, that came into effect on 26th January 2007, the European Union (EU) has attempted to address several unresolved issues relating to children’s needs for medicines in Europe. This paper considers the position of off-label drug-therapy for juvenile depression, and assesses the effectiveness of available legal mechanisms that can protect juveniles from harm when involved in clinical drug trials, most notably the Clinical Trial Regulations 2004. It further reviews the new EU legislation and evaluates its likely impact.

European national news

The regular article tracking developments at the national level in key European countries in the area of IT and communications – co-ordinated by Herbert Smith LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to compliment the Journal's feature articles and Briefing Notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.     

郑振铎与俄藏敦煌文献

1957年秋冬(9月3日至12月2日),郑振铎应邀去东欧访问和讲学,先后到了保加利亚、捷克斯洛伐克和苏联各地,还参加了庆祝十月革命40周年等一系列政治活动.在列宁格勒东方学研究所的4天中,他查阅和抄录了敦煌文献并参观了博物馆等.郑振铎在出访时期,经常给家人和朋友、同事写信,并写有日记.但由于众所周知的原因,郑振铎当时并没有将其公布.目前整理出版的郑振铎日记和书信中保存了他在列宁格勒的见闻和观感,这是对苏藏敦煌文献在公布之前所能见到的最详尽记录,具有重要的史料价值.     

The Legal Situation on Stalking among the European Member States

Stalking became a subject of academic and social concern in Europe in the mid-1990s. Shortly afterwards the issue of legislation became the subject of debate in some countries and in 1997 the United Kingdom was the first European Member State that passed anti-stalking legislation. Denmark constitutes an exception because its Criminal Code of 1933 contains a provision which also deals with stalking. Other States that up to now have passed legislation against stalking in Europe are Belgium, the Netherlands, Germany, Malta, Ireland, Austria and, last in order of time, Italy. Where an anti-stalking law exists, legislators have introduced a new article into the existing Penal Code or have amended an article still in force for similar conduct, or have introduced a specific Act against Harassment or Domestic Violence which is intended to cover not only such conduct but also stalking. In the remaining European countries where an anti- stalking law does not exist, it is possible to prosecute stalking only when the behaviour amounts to crimes prosecutable under other existing norms. This article analyses legal regulations on stalking across European Member States in civil and criminal justice considering specific laws addressing the phenomenon or, alternatively, other laws under which stalking can be prosecuted. In the conclusions some advantages and disadvantages of European anti-stalking laws are discussed and some suggestions are given for future work in order to improve the protection of the victims of stalking.     

走向独立社团:中国工会发展之进路选择

中国工会在不同的历史阶段,发挥了不同的社会作用,与同期的政府先后形成了相互对抗、相互依附的关系。在当今转型社会中,计划经济时代形成的工会组织与政府之间的依附关系,已经严重影响工会作用的发挥;而职工利益保护和公共行政改革要求重塑工会作为社会团体的独立地位,现行立法也为之提供了可能性。同时,工会组织独立性的塑造也要求其代表和维护职工的合法权益这一基本职能的进一步明确。     

国际税收协定与国内税法关系探讨——以受控外国公司税制为视角

长期以来,国际税收协定与国内反避税法的关系问题一直存在争议。一般认为,税收协定优于国内税法;但是,为了防止纳税人滥用税收协定进行避税,该原则也不应绝对化。受控外国公司税制作为一种重要的反避税措施,也产生了与税收协定的兼容性问题。从欧盟国家的实践来看,观点并不一致。但2003年OECD范本注释明确规定,两者是兼容的。由于我国在新的企业所得税中规定了该项税制,因此,解决两者的兼容性也是必须面对的问题。同时,在《宪法》没有对条约在国内法中地位进行规定之前,我国《企业所得税法》第58条应得到完善。     

“2009年海洋污染责任与政策国际研讨会”综述

2009年6月4—5日,海洋污染责任与政策国际研讨会在大连召开。会议就海洋污染刑事责任、海洋污染民事责任、海洋污染典型案例研究以及国际公约的实施四大议题进行探讨与交流。