Law and Contemporary Problems

A quarterly law journal publishing issues devoted to papers on a particular topic of contemporary interest. Topics usually reflect an interdisciplinary perspective with contributions by lawyers, economists, social scientists, scholars in other disciplines

Articles from Vol. 68, No. 1, Winter

Administrative Proceedings Involving European Agencies
I INTRODUCTION Between 1996 and 2002, 294,625 applications were submitted for Community trademarks and 168,190 were actually registered. In the same period, there were more than 10,000 applications filed for a Community plant variety right, and...
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A New Framework for EU Administration: The Financial Regulation 2002
I INTRODUCTION This Article, a discussion of the administration of the European Union budget, including direct and shared management, and of the recently enacted new Financial Regulation, has three related objectives, which will be explored in...
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Editor's Note
It is the normal practice of Law & Contemporary Problems to take a three-step approach when editing Articles that will be published in any given issue of the journal. First, our editors edit each footnote in every article, making sure that footnotes...
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European Administrative Proceedings
I INTRODUCTION To enforce competition rules, to ensure the proper allocation of European social and agricultural funds, and to guarantee food safety, the European Commission ("Commission") exercises powers of inspection, supervision, and monitoring....
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European Principles Governing National Administrative Proceedings
I INTRODUCTION The transition from the original monist to the contemporary pluralist model of administrative organization has clearly affected the discharge of European Community ("Community") activities. (1) In the original, unitary framework...
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Foreword
I INTRODUCTION In the European Union, the word "administration" is decidedly old-fashioned. "Networks," "multi-level governance," "administrative governance," the "regulatory process" are the preferred vocabulary for how products are certified...
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Forms of European Administrative Action
I INTRODUCTION This Article examines the various forms of European administration and their associated administrative law systems. From the outset, it should be understood that the expression "European administration" is not used here (as it...
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Glossary
This glossary should provide a helpful overview of terms of art and legal sources to those who are unfamiliar with the European legal system Sources of Law Founding Treaties * Treaty Establishing the European Coal and Steel Community (1951)....
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Judicial Review of European Administrative Procedure
I INTRODUCTION "Form is the sworn enemy of arbitrariness, the twin sister of liberty." (1) In this spirit, the role of a well-regulated administrative process in securing liberty has been emphasized repeatedly. Like its Member States, the European...
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The European Union's Mixed Administrative Proceedings
I INTRODUCTION Studies dedicated to European administration reveal a recurring tendency to draw analogies between the constitutional structure of the European Union (EU) and that of federal orders (the United States, in particular). In both types...
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The Proceedings of the European Ombudsman
I THE EUROPEAN OMBUDSMAN: CONTROLLER AND CODIFIER The European Ombudsman was first established in the Maastricht Treaty of 1992. However, the duties and functions of this new position were defined very loosely. The EC Treaty, as amended by Maastricht,...
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The "Standard" Administrative Procedure for Supervising and Enforcing EC Law: EC Treaty Articles 226 and 228
I INTRODUCTION Although the Treaty Establishing the European Community (1) ("EC Treaty" or "Treaty") has created several procedures for combating Member States' breaches of European Community ("EC") law, the European Commission ("Commission")...
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Three Generations of Participation Rights before the European Commission
I INTRODUCTION Representation, delegation, and specialization pose enduring problems for democratic theory because they fly in the face of the simple and central ideal of self-government: the citizen who at one and the same time governs and is...
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