Suchergebnisse

THE MEMBERS OF THE EUROPEAN FREE TRADE ASSOCIATION (EFTA) HAVE TRADITIONALLY BEEN RELUCTANT EUROPEANS WHO PREFERRED TO REMAIN OUTSIDE THE EUROPEAN COMMUNITY (EC) DESPITE THEIR SUBSTANTIAL ECONOMIC TIES. THIS ARTICLE ANALYZES THE EC-EFTA NEGOTIATIONS ON THE CREATION OF A EUROPEAN ECONOMIC AREA (EEA). IT SUGGESTS ONE POSSIBLE EXPLANATION FOR THE PUZZLING QUESTION OF WHY MOST OF THE EFTA COUNTRIES HAVE APPLIED FOR FULL EC MEMBERSHIP AT A TIME WHEN THE COMMUNITY HAS BEEN OFFERING THEM PARTICIPATION IN ITS INTERNAL MARKET IN THE FORM OF THE EEA WITHOUT THE POLITICAL BURDENS OF THE MAASTRICHT TREATY. IN HIGHLIGHTING THE FACTORS OF UNCERTAINTY THAT CHARACTERIZED THE COMPLEX BARGAINING PROCESS, THIS ARTICLE SHOWS THAT THE FORMATION OF THE EEA INVOLVED A SUBSTANTIAL LOSS OF OPERATIONAL SOVEREIGNTY FOR THE EFTA COUNTRIES WITHOUT OFFERING THEM SATISFACTORY VOICE OPPORTUNITIES IN RETURN. ADDING TO THE ECONOMIC FEARS OF EXCLUSION, THIS DISAPPOINTMENT PROBABLY CONTRIBUTED TO THEIR POLICY CHANGE IN FAVOR OF EC MEMBERSHIP.

Intro -- The Authors -- List of Abbreviations -- General Introduction to EFTA and EEA -- Part I. The EFTA -- Chapter 1. Genesis and Historical Development -- Chapter 2. Institutional Framework -- 1. Membership and Territorial Application -- 2. Institutions -- I. The EFTA Council -- II. Organs, Committees and Other Bodies Assisting the EFTA Council -- A. Vaduz Committees Entrusted with the Updating of the EFTA Convention -- B. Pre-Vaduz Committees Entrusted with Specific Tasks -- C. Pre-Vaduz Committees with Horizontal Mandates -- D. Pre-Vaduz Committees with Technical Mandates -- III. The EFTA Secretariat -- Chapter 3. Activities -- 1. Intra-EFTA Activities -- I. Substantive Rules Applicable to Intra-EFTA Trade -- A. Free Movement of Goods -- B. TBT -- C. State Aid, Public Undertakings, Monopolies and Competition Rules -- D. Intellectual Property Rights -- E. Movement of Persons, Social Security and Mutual Recognition of Diplomas -- F. Investment and Establishment -- G. Trade in Services -- H. Land and Air Transport -- I. Public Procurement -- J. Economic and Monetary Policy Cooperation -- II. Procedure for Updating the EFTA Convention -- 2. Third-Country Relations -- I. Joint Declarations on Cooperation -- II. FTAs -- A. The Scope -- B. Institutional Set-Up under the FTAs -- C. Dispute Settlement under the FTAs -- III. Technical Cooperation -- Chapter 4. Enforcement Mechanisms -- 1. The Consultation Phase -- 2. The Arbitration Procedure -- I. The Arbitration Tribunal -- II. Implementation of Arbitral Awards -- III. Non-implementation of Arbitral Awards -- Chapter 5. Finance -- Chapter 6. Network with Other Organizations -- Part II. The EEA -- Chapter 1. Genesis and Historical Development of the EEA -- 1. The Luxembourg Process -- 2. The Delors Initiative -- I. The Acquis Communautaire -- II. Decision-Making.

Aims: Progress towards meeting the goal of measles elimination in the EU and the European Economic Area (EEA) by 2015 is being obstructed, as some children are either not immunized on time or never immunized. One group thought to be at increased risk of measles is migrants; however, the extent to which this is the case is poorly understood, due to a lack of data. This paper addresses this evidence gap by providing an overview of the burden of measles in migrant populations in the EU/EEA. Methods: Data were collected through a comprehensive literature review, a country survey of EU/EEA member states and information from measles experts gathered at an infectious disease workshop. Results: Our results showed incomplete data on measles in migrant populations, as national surveillance systems do not systematically record migration-specific information; however, evidence from the literature review and country survey suggested that some measles outbreaks in the EU/EEA were due to sub-optimal vaccination coverage in migrant populations. Conclusions: We conclude that it is essential that routine surveillance of measles cases and measles, mumps and rubella (MMR) vaccination coverage become strengthened, to capture migrant-specific data. These data can help to inform the provision of preventive services, which may need to reach out to vulnerable migrant populations that currently face barriers in accessing routine immunization and health services.

Aims: Progress towards meeting the goal of measles elimination in the EU and the European Economic Area (EEA) by 2015 is being obstructed, as some children are either not immunized on time or never immunized. One group thought to be at increased risk of measles is migrants; however, the extent to which this is the case is poorly understood, due to a lack of data. This paper addresses this evidence gap by providing an overview of the burden of measles in migrant populations in the EU/EEA. Methods: Data were collected through a comprehensive literature review, a country survey of EU/EEA member states and information from measles experts gathered at an infectious disease workshop. Results: Our results showed incomplete data on measles in migrant populations, as national surveillance systems do not systematically record migration-specific information; however, evidence from the literature review and country survey suggested that some measles outbreaks in the EU/EEA were due to sub-optimal vaccination coverage in migrant populations. Conclusions: We conclude that it is essential that routine surveillance of measles cases and measles, mumps and rubella (MMR) vaccination coverage become strengthened, to capture migrant-specific data. These data can help to inform the provision of preventive services, which may need to reach out to vulnerable migrant populations that currently face barriers in accessing routine immunization and health services.

AIMS: Progress towards meeting the goal of measles elimination in the EU and the European Economic Area (EEA) by 2015 is being obstructed, as some children are either not immunized on time or never immunized. One group thought to be at increased risk of measles is migrants; however, the extent to which this is the case is poorly understood, due to a lack of data. This paper addresses this evidence gap by providing an overview of the burden of measles in migrant populations in the EU/EEA. METHODS: Data were collected through a comprehensive literature review, a country survey of EU/EEA member states and information from measles experts gathered at an infectious disease workshop. RESULTS: Our results showed incomplete data on measles in migrant populations, as national surveillance systems do not systematically record migration-specific information; however, evidence from the literature review and country survey suggested that some measles outbreaks in the EU/EEA were due to sub-optimal vaccination coverage in migrant populations. CONCLUSIONS: We conclude that it is essential that routine surveillance of measles cases and measles, mumps and rubella (MMR) vaccination coverage become strengthened, to capture migrant-specific data. These data can help to inform the provision of preventive services, which may need to reach out to vulnerable migrant populations that currently face barriers in accessing routine immunization and health services.

AbstractIn the article the author discusses the European Economic Area (EEA) Agreement in light of theories of constitutional and legal pluralism. The author begins with a presentation of the EEA Agreement and compares it with the European Union (EU) legal order. It is pointed out that one of the differences between the two legal regimes is the fact that the EU law principle of direct effect is not applicable in EEA law. Since there is no provision in the EEA Agreement which hinders the establishment of direct effect in EEA law, the author seeks to find the deeper explanation for the rejection of the principle. This leads into an elaboration of the pragmatic concept of law. An important feature of this concept of law is the dominant role of the will of the legislator. This constitutional set-up is also reflected in the concept of sovereignty, which is one leading rational of the EEA Agreement. Being in the squeeze between the two rationalities of the EEA Agreement: sovereignty and homogeneity, the European Free Trade Association (EFTA) Court has been willing to take into consideration contextual particularities. This contextual or legal pluralistic approach is a result of an implicit and explicit judicial dialogue, which secures the legitimacy of the EFTA Court and the EEA Agreement.

Treaties — Conclusion and operation — European Communities — Treaty-making powers — EEC Treaty, 1957, Article 238 — European Economic Area Agreement, 1991 — Agreement to be concluded between EEC and its Member States on the one hand and countries of the European Free Trade Association on the other hand — Compatibility of Agreement with EEC Treaty — Revision of Agreement in light of Opinion of the Court of Justice of the European CommunitiesTreaties — Effect — EEC Treaty, 1957 — Nature of EEC Treaty — Treaty creating new legal order — Relationship with other international agreements — Proposal for revised agreement to be concluded between EEC and its Member States on the one hand and countries of the European Free Trade Association on the other hand — Effects of proposed agreement in European Community law — Institutions — Role of Court of Justice — The law of the European Economic Community

Treaties — Conclusion and operation — European Communities — Treaty-making powers — EEC Treaty, 1957, Article 238 — European Economic Area Agreement, 1991 — Agreement to be concluded between EEC and its Member States on the one hand and countries of the European Free Trade Association on the other hand — Compatibility of Agreement with EEC Treaty — Parties to Agreement — When Agreement concluded by EEC, when by Member States and when by EEC and Member States jointlyTreaties — Effect — EEC Treaty, 1957 — Nature of EEC Treaty — Treaty creating new legal order — Relationship with other international agreements — Proposal for agreement to be concluded between EEC and its Member States on the one hand and countries of the European Free Trade Association on the other hand — Effects of proposed treaty in European Community law — Institutions — Role of Court of Justice166Treaties — Interpretation — Approach to interpretation — Object and purpose of treaty — Context — Unique nature of EEC Treaty, 1957 — Effect on interpretation — Identical terms in EEC Treaty and other international agreement not necessarily to be given the same meaning — The law of the European Economic Community