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Cambodia is one of the world's most open economies, sustaining high levels of growth in an environment of relatively weak governance. Emerging from a legacy of genocide and civil conflict, the country has sought to address human and social capital deficits across sectors, weaknesses in public finance, and corruption. Despite improvements in access to basic services, governance constraints persist and may threaten gains from economic integration. Over the 2004-10 period, the Bank's engagement on Governance and Anticorruption (GAC) issues in Cambodia was not defined by a single, overarching priority or entry point (such as core public sector management, natural resource management, or service delivery). Rather, the Bank was opportunistic, opting to support the government's GAC efforts across multiple sectors and institutions. The relevance of this opportunistic approach is judged to be moderately relevant. The Bank's objectives on public financial management (PFM) were highly relevant given Cambodia's nontransparent and weak public expenditure management and limited capacity. The Bank's response to sectoral governance weaknesses such as red tape, inefficiencies, and other forms of rent-seeking in customs is rated modest given the need for the government to implement its World Trade Organization commitments. The Bank's project level engagement is rated as moderately relevant. As a basis for reinstating suspended projects, portfolio-wide measures included the use of an Independent Procurement Agency (IPA) for the International Development Association (IDA) procurements, and the implementation of Good Governance Frameworks (GGF) for all IDA projects.

For the purposes of this project, the East African countries included in the study were Kenya, Rwanda, Tanzania, and Uganda. The focus for this project was Small and Medium-sized Enterprises (SMEs) as for-profit or nonprofit organizations with less than 50 employees and not exceeding USD 1,000,000 in annual revenues/turnover. The main output of this project was a proposed program of interventions to drive transformational change. To succeed in this ambitious endeavor, the project articulated clear objectives and designed a blueprint for implementation including levels of resourcing, budget and monitoring metrics. Over the course of the project the team conducted brief surveys with over 90 entrepreneurs, over 50 percent of who had 3-10 years of experience in the Information and Communication Technology (ICT) sector and primarily worked at companies with 5 employees or less.

The approach taken in this report reflects the view of the collaborating international organizations that price volatility and its effects on food security is a complex issue with many dimensions, agricultural and non-agricultural, short and long-term, with highly differentiated impacts on consumers and producers in developed and developing countries. The report begins with a discussion of volatility and of the ways in which volatility affects countries, businesses, consumers and farmers. Lessons learned from recent experiences are briefly reviewed as well as the factors determining likely levels of volatility in future. This report offers suggestions for a systematic and internationally coordinated response building on the lessons learned as a result of the 2007-2008crisis. It is important to distinguish between policy options designed to prevent or reduce price volatility and those designed to mitigate its consequences. Both types of intervention are explored in detail. Scope is identified for actions at individual, national, regional and international level. Some would help to avert a threat; others are in the nature of contingency plans to improve readiness, while still others address long-term issues of resilience. Finally, the report explores mechanisms of international cooperation to implement this report's recommendations and to monitor progress.

Sustainable investment (SI) has a strong niche foothold in Sub-Saharan Africa, anchored in the region's largest investment market, South Africa. Yet more work is needed, at policy and portfolio levels, to grow this investment theme. This report recommends measures to expand SI in Sub-Saharan Africa. It forecasts that over the next five years there will be considerable growth of environmental, social, and governance (ESG) considerations applied to investment in South Africa, Kenya, and Nigeria. While these three countries form the basis of the study, the lion's share of data and observations emerged from South Africa, which is home to the continent's most developed capital markets.

From the introduction: 'Brazil is rich: rich in natural resources, rich in fertile soil, and rich in people". Although the country still shows deficits in different areas, the Brazilian market has attracted large investors and companies especially in the past decade. The country's potential has been the focus of many analysts and researchers by renowned economic institutes. After years of high inflation and slow growth – especially in the eighties and early nineties – Brazil was able to recover and get back into game with the other global players. From a historic perspective it is to say that the country has gone through large transition periods in the last century. Emerging from being a major coffee exporter until the early 20th century, Brazil now belongs to one of the most industrialized countries in Latin America. Although it is the largest country in the region in terms of population figures and geographical size, its GDP share in Latin America or annual growth rate offer a different conclusion. Nevertheless, the consulting market in Brazil has been growing, in particular during the last ten years. Many European and North American consulting companies have invested into the country, built branch offices and bought local firms. Although the market is still very young, its future potential has clearly been discovered. When thinking of Brazil, the words that tend to enter people's minds are positive sounding ones such as Samba, Carneval and beautiful beaches which radiate joy and energy. On the other side issues like criminality, poverty and high social inequality are often associated with Brazil as well. Either way, it is almost certain that one will have heard of Brazil. The country manifested itself in the mind of people and has made front page news more than once. Objective, relevance and research questions: The objective of the thesis is neither to conduct a market evaluation nor to point out the importance and future relevance of Brazil in the world economy. In fact this work is an empirical study on a market entry strategy which can serve as a reference for management consulting companies that want to enter the Brazilian consulting market. Furthermore, the work attempts to deliver a comprehensive picture of this market, with the intention of elaborating on whether it is wise to invest in Brazil, or whether there may be another – more suitable – Latin American country. Yet, the focus lies on the framework for strategy formulation and the proposals that will be made thereupon. In order to accomplish this, both a classical and an empirical approach were chosen whose outcomes will be compared to one another in the last chapter. LEAN Management is a booming term in the consulting business. Everybody wants to learn the 'LEAN-Thinking" and apply the method to his/her own company. Since the late 1990s LEAN Management is experiencing an upward trend and the word has spread all over the globe to reach Brazil. Consequently, there is a growing demand for LEAN in this country, as evidenced by the number of consulting companies already present in the market and the excellent prospects it shows. The aim of the thesis is to propose which geographical regions and economic sectors in Brazil may yield attractive prospects for management consulting companies. The information is then used to formulate a market entry strategy for LEAN Consulting in the Brazilian market. In addition, proposals will be made and future scenarios presented to the reader which are augmented by emprircal findings. Based on the introduction and the objective of the topic – giving a perspective of the situation in Brazil – the following two research questions are being raised. Is the LEAN market in Brazil a suitable market for a LEAN consulting company to invest in? Which recommendations for an entry strategy can be given when entering the Brazilian LEAN market? Out of these research questions, a sub-question is derived. Can Brazil serve as an entry port to Latin America for LEAN consulting businesses? The analysis of these questions will be conducted through a theoretical as well as an empirical approach. Structure of the topic: After having presented the objective and relevance of the topic as well as the research questions, the author will introduce the structure of the thesis. Accordingly, to strengthen the arguments that will be highlighted in the conclusion, the thesis is divided into three parts. The first part consists of theoretical results selected from secondary research. Based on the theory, an empirical study is conducted, involving a group of experts who will elaborate on their personal experiences and opinions with regards to the topic. The empirical findings deduced from the study are compared with the theoretical results in order to verify, if there exist a consensus among theory and empiricism. This comparison is then used to build up the third part of the thesis – the conclusion. Methodology: In order to create a solid basis for the strategy formulation chapters two and three provide a brief overview of the economic situation in Brazil – in a Latin American context – from the earliest settlement in the 14th century until today. Furthermore, an evaluation of the market, its productivity and its growth potential, completes the picture. Recent political changes have brought an upwind into the descending system. Since the implementation of the Real Plan in 1994 the country has experienced low inflation, trade liberalization, substantial privatization, increases in import penetration and the expansion of FDI. Thus, Brazil has reason to hope for future in prosperity. The information drawn for this section consists of secondary research, covering literature as well as various online resources and online libraries, to provide an adequate framework. The literature is primarily in English and partly in German or Portuguese language. The term LEAN Consulting is explained in detail in chapter four, in order to understand the impact and relevance of the term in this context. The literature for this part is provided by a consulting company that is working according to the LEAN principles. It consists entirely of secondary research with books and magazines as main sources. The LEAN Consulting market in Brazil has a special importance for the topic and the sources are given by the same consulting company. After having applied the theoretical framework of the thesis, chapter five provides the framework for the strategy formulation. The basis to this approach is the Five-Forces-Model by Michael E. Porter. Since the topic – market entry strategy – is a rather practical issue, the main part consists of empirical findings deducted from a Delphi Study. It is based on expert interviews that were held with a group of initially nine experts from the consulting business in two stages. In the first stage, these experts were confronted with two questionnaires – consisting of open and closed questions – which they had to answer based on their personal experience and opinion. The questionnaire in the second round was based on the summarized answers of the first one, raising new thoughts to the topic. The questionnaires were submitted in German, since all of the participants were either native German speakers or had sufficient knowledge of the German language to understand the questions. The aim of this Delphi Study was to gain opinions and experiences that can neither be found in books nor in any other relevant literature. Usually, Delphi Studies are used for business forecasting. The author receives new viewpoints that are based on personal experience of the experts by living in Brazil and working in the consulting business during the last decades. The last part of the thesis draws the conclusion, comparing the classical market entry approach to the empirical findings of the Delphi Study. This then gives a profound basis for constructing strategic recommendations and provides a future outlook. It is interesting to see how the experts of the Delphi Study view the future prospect of the consulting business in the country and what should be done to boost economic growth in this area. The thesis concludes by summarizing all important findings under consideration of the background layed out in the first part of the thesis.Inhaltsverzeichnis:Table of Contents: ABSTRACT IN ENGLISH LANGUAGEIII ABSTRACT AUF DEUTSCHIV 1.INTRODUCTION1 1.1OBJECTIVE, RELEVANCE AND RESEARCH QUESTIONS1 1.2STRUCTURE OF THE TOPIC2 1.3METHODOLOGY5 2.ECONOMIC OVERVIEW AND BACKGROUND OF BRAZIL7 2.1MERCOSUR7 2.1.1History8 2.1.2Foundation8 2.1.3Economic role of the Mercosur9 2.2THE COUNTRY BRAZIL10 2.2.1Political and economic history11 2.2.2Economic environment13 2.2.3Political environment14 2.2.4Macroeconomic data15 2.2.5Social inequality17 2.2.6Level of corruption and governance indicators19 3.MARKET EVALUATION22 3.1THE 'THREE-SECTOR-THEORY' OF BRAZIL22 3.2PRODUCTIVITY24 3.3POTENTIAL MARKETS FOR MANAGEMENT CONSULTING COMPANIES25 3.3.1Major Brazilian companies26 3.3.2Strongest regions in Brazil31 3.3.3Most promising branches34 3.4CONCLUSION35 4.LEAN CONSULTING37 4.1DEFINITION AND PHILOSOPHY OF LEAN37 4.2TYPICAL PRACTICES APPLIED39 4.3DIFFERENCES OF LEAN MANAGEMENT TOWARDS OTHER METHODS42 4.4MANAGEMENT CONSULTING COMPANIES IN BRAZIL44 4.4.1LEAN consulting companies in Brazil45 4.4.2The IBCO47 4.5REASONS TO CHOOSE AN EXTERNAL CONSULTANCY47 4.5.1Criteria to choose consulting services48 4.5.2Average consulting fees48 4.6CONCLUSION49 5.MARKET ENTRY STRATEGY51 5.1OVERVIEW OF THE CLASSICAL MARKET ENTRY STRATEGY51 5.1.1Methods for market entry52 5.1.1.1Contractual agreements53 5.1.1.2Sole Venture54 5.1.2Influencing factors for the entry mode decision55 5.1.3Special characteristics of services56 5.2MARKET ENTRY STRATEGY INTO THE LEAN CONSULTING MARKET57 5.2.1Competition57 5.2.2Opportunities and threats62 5.2.3Framework for strategy formulation64 5.2.3.1Business communication65 5.2.3.2Starting the business66 5.2.3.3Employing foreign workers67 5.2.3.4Obtaining a credit69 5.2.3.5Legal constraints70 5.2.4The Delphi Study71 5.2.4.1Reasons to choose the Delphi method73 5.2.4.2Limits to the Delphi method74 5.2.4.3Experts75 5.2.4.4First round76 5.2.4.5Second round78 5.2.4.6Short summary of most important findings81 6.CONCLUSION83 6.1FINAL RESULTS AND RECOMMENDATIONS83 6.2DIRECT COMPARISON OF THEORY AND EMPIRICISM86 6.3FUTURE OUTLOOK88 6.4PROSPECT FOR FURTHER RESEARCH90 7.BIBLIOGRAPHY91 7.1BOOKS91 7.2ARTICLES/PUBLICATIONS92 7.3WEBSOURCES94 7.4FURTHER READING AND EXPERTS97 8.APPENDIX98 8.1DELPHI STUDY - SUMMARY OF FIRST ROUND98 8.2DELPHI STUDY - SUMMARY OF SECOND ROUND101 8.3CONCRETE STEPS FOR STARTING A BUSINESS IN BRAZIL105 8.4PAYING TAXES IN BRAZIL107Textprobe:Text Sample: Chapter 3, Market Evaluation: Today's marketplace is very competitive. In order to successfully place a company or a product in a new market its potential needs to be assessed first. The market evaluation uses information given about the market and helps to determine feasibility of a potential market and the competitive landscape. The aim is to compare different regions and sectors to find the strongest opportunities. This will reveal a strategic roadmap to the market entry. The Brazilian market has an enormous potential and growth is foreseen in the country for the next years. This chapter will provide an overview of the regions and branches in Brazil, pointing out the ones with the highest capability to be the future market for a management consulting company. The industrial sector is the most important one in this country and the focus of the strategy will lie on the branches present in this sector. A market segmentation presenting the biggest companies – measured by revenue – will provide the benchmark for potential growth and allows us to focus on prospective customers. The 'three-sector-theory" of Brazil: According to the 'three-sector-theory", developed by Jean Fourastié, the economy can be categorised into three different sectors of economic activity: the agricultural sector – the primary sector (commodity producing sector), the industry sector – the secondary sector (or goods-producing sector), and the service sector – the tertiary sector (or non-goods producing sector). The aim of this theory was to explain the transition from the agricultural to the industrial society and later on to the post-industrial service society in the 20th century. It is assumed that the three sectors have different opportunities to adapt to technological progress. Through the application of new technical procedures, the productivity in the primary and secondary sector increases while, at the same time, less manpower is needed and also the demand for these goods decreases with increased productivity. The excess manpower and demand, in turn, will be absorbed by the tertiary sector. The problem is that this theory assumes no influence by outside factors and therefore cannot be applied to any economy without precaution. In 2006, the agricultural sector accounted for 36% of the GDP worldwide, the industry sector for 22% and the service sector for 42%. In Brazil the distribution in the same year is considerably different, with the agricultural sector accounting for 5.5%, yielding coffee, soybeans, wheat and rice as the main products. The industry accounts for 28.7%, with its main products being textiles, shoes, chemicals, cement and iron ore. The services sector makes up 65.8% of total output. The GDP growth rate by sector in the years from 1997 to 2007 has been subject to fluctuation especially in the agricultural but also in the industry sector. The service sector has been rather stable during this period. The three-sector-theory is based on the assumption of above-average growth of demand and below-average growing productivity in the tertiary sector. The current situation in Brazil and in the global context shows a strong tertiary sector, followed by the secondary and the primary sector. This supports the three-sector-theory of the shift: agriculture > industry > service sector. Although the service sector is the strongest sector in the economy, both by total GDP and by year-over-year growth rate, it is a non-good producing sector, which makes it uninteresting for a management consulting company as they are concentrating on the industrial sector where production takes place. The theory does not explicitly state the distribution of the different branches among the three sectors. Therefore it can be assumed that some branches that are interesting for the strategy could be assigned to the service sector, although in the following this sector will not be elaborated on. The importance of the industrial sector has been fully recognized by the development studies all over the world. The industrial sector – through its linkages with other sectors – plays a very important role in achieving rapid growth and development. Most modern and rich countries have a well developed industrial sector through their early industrial revolution. It is the most important driver of the economy and apart from the service sector – the non-goods producing industry – it constitutes the biggest sector and generates the largest profit share out of all. During the last years the industrial production in Brazil was subject to many changes due to the slow growth of the economy. The country has set up an agenda to become a competitive economy that is able to provide qualified goods in sufficient quantity and to create a greater number of high skilled jobs. Brazil is on its way to transform into an economy that is included in the knowledge society and recognized as one of the main platforms for the industry worldwide. Productivity: The level of productivity is a crucial part in the context of this thesis. It indicates the general market growth and its potential for the future. Since management consulting companies will focus on the industry it is important to know, if there is a need to enhance productivity. If so, then this need would likely translate into higher investments in this area and a greater demand for support services from the consulting industry. The level of labour productivity is the primary determinant on the nation's GDP per capita growth. Brazil's weak economic growth is due to the relatively slow increase of labour productivity. The latest performance study, conducted by the Conference Board, shows a labour productivity growth rate of 1.9% in 2007. Compared to the other BRIC countries, this is the poorest rate. Russia, India and China showed a much better performance with 6.3%, 6.7% and 9.8%, respectively. This can be ascribed to transitional reallocations of employees by large companies into emerging markets that consequently foster productivity growth in the respective country. Especially India and China play a determining role in this context, since wages in these countries are notably lower than in Brazil and also in Russia, hence companies are more likely to turn to the Asian countries to make new investments that lead to job creation. According to a study on barriers to growth in the Brazilian economy, conducted by McKinsey's São Paulo office in 2005, there are two major root causes that lead to the relatively slower productivity growth. The first one refers to the modest per capita income, which promotes consumption of the lower-priced products and services. An example is the automotive industry, which produces primarily small and inexpensive cars. For the higher-priced vehicle section it relies on imports from other countries. The second cause is related to the first one – labour is cheaper than capital – which inhibits investment in new machinery that, in turn, would improve productivity levels. These barriers, however, will naturally fade once the government is able to resolve the social and economic problems by a policy shift. Labour and tax laws, price controls, product regulations, trade barriers and subsidies, among others, are present obstacles that limit productivity. Also, the unemployment rate, the level of inequality, the state of the educational system, are all factors that influence productivity levels and play a role in the performance studies. Potential markets for management consulting companies: After having identified the target sector and the level of productivity in the country, the next important step to defining a suitable market entry strategy is to determine specific markets in Brazil that yield the best prospects. Three different variables will influence the decision-making. These are the major Brazilian companies, the strongest regions and the most promising branches that are interesting for a management consulting company. Consequently, this will then lead to the establishment of the target branches as well as companies for LEAN business in Brazil and serve as a basis to formulate the entry strategy.

The Serbian insurance sector remains small and underdeveloped. Over the last three years, the market experienced very little growth in real terms mainly due to weak economic growth, premium payment difficulties in the industrial sector, which forced many corporate policyholders to cancel their insurance, and fierce price competition among the growing number of players. With consumption of 76 Pounds and 10 Pounds per capita for non-life and life insurance, respectively, Serbia lags behind most of its neighbors in Southeastern and Central Europe. In 2009 the industry accounted for only 4.6 percent of total assets and 5.6 percent of total capital in the Serbian financial sector. Although in 2008 the total gross premium written (GPW) for both life and non-life was SRD 52.2 billion (dinars), representing a 5.3 percent annual inflation-adjusted increase over the previous year, in 2009 the sector is likely to experience an 8 percent contraction due to the impact of the economic crisis.

The present report provides an overview of the main developments and debates in relation to migration and asylum in Luxembourg in 2017. The number of people applying for international protection remained high in 2017 (2.322 applications) compared to the levels registered pre- 'migration crisis' (1.091 in 2014). However, the number of registrations remained relatively stable if compared to the two preceding years (2.447 in 2015 and 2.035 in 2016). This relative stability in numbers also reflected on the general public and policy debate in the field of migration and asylum. Since 2016, its focus has continuously shifted from an 'emergency' discourse axed on the implementation of reception measures and conditions towards discussions on longer-term integration measures and policies. In this regard, the newly introduced Guided Integration Trail (parcours d'intégration accompagné - PIA) can be considered a flagship project of OLAI, the national agency responsible for the reception and integration of foreigners. This multidisciplinary package of measures aims to empower applicants and beneficiaries of international protection and to support them in developing their life project. The trail, compulsory for all adult applicants for international protection, consists of a linguistic component and a civic component and is split into three phases. Although increasing housing capacities for the reception of applicants for international protection was high on national authorities' agenda, housing remained a challenging aspect of the asylum system and triggered debate on a national scale. Alongside access to training, problems related to housing were among the issues most frequently raised by applicants for international protection in 2017. The lack of affordable housing on the private market, an increasing number of family reunifications as well as the increasing number of beneficiaries and persons who have been issued a return decision who remain housed in structures of OLAI were all identified as interplaying barriers for finding available accommodation for applicants for international protection. The difficulties with the construction of modular housing structures also persisted in 2017. A certain reticence of the population towards the construction of these so-called 'container villages, planned in response to the increasing influx that started in August 2015, was visible in the appeals introduced into Luxembourg's First Instance Administrative Courts to annul the land-use plans related to the projects. Living conditions in the various reception facilities were also one of the subjects of discussion in 2017. This included a debate on the (lack of) kitchen infrastructure in reception facilities and the varying systems for provision of food, the types of food available, as well as the availability of internet. As an answer to the resurgence of an increased influx of applicants of international protection from the Western Balkans in early 2017, a new 'ultra-accelerated procedure' was put in place for applicants of international protection stemming from the Western Balkans. According to the state authorities, the ultra-accelerated procedure was set up to take pressure off the reception facilities, but also as a deterrent to avoid creating false hopes for long-term stay. In April 2017, a 'semi-open return structure' (Structure d'hébergement d'urgence au Kirchberg – SHUK) was put in place, from which people are transferred to states applying the Dublin regulation. Due to home custody (assignation à résidence), the SHUK is considered to be an alternative to detention by national authorities. The newly created structure as well as the related conditions for assignment, were nevertheless criticised by civil society. The outcry among civil society was equally high during and after the adoption the Law of 8 March 2017, which endorses the extension of the permitted period of detention of adults or families with children from 72 hours to 7 days, in order to improve the organisation of the return and ensures that it is carried out successfully. A commission in charge of determining the best interests of unaccompanied minors applying for international protection was decided at the end of 2017. The commission is in charge of carrying out individual assessments regarding the best interest of the child with the aim of delivering an authorisation of stay or a return decision. Among the elements taken into consideration when the best interest of the child is evaluated in the context of a potential return decision is information provided by the International Organization for Migration (IOM). The latter made an agreement with the Directorate of Immigration in 2017 to search for the parents of UAMs in the country of origin. With the focus of debates having slowly shifted towards long-term integration issues, the Council of Government also approved the elaboration of a new multiannual national action plan on integration. The plan will be based on two axes: (1) the reception and follow-up of applicants for international protection and (2) the integration of Luxembourg's non-Luxembourgish residents. Luxembourg's National Employment Agency (ADEM) set up a "cellule BPI" (beneficiaries of international protection cell) in its Employer Service in early 2017. This cell provides employers with information regarding job applications and evaluations of the competences of beneficiaries of international protection. A new law on the Luxembourgish nationality entered into force on 1 April 2017. Given the particular demographic situation of Luxembourg characterised by a significant increase in the total population and a decrease in the proportion of Luxembourgers in the total population, the reform intends to promote the societal and political integration of non-Luxembourgish citizens and to strengthen cohesion within the national community. The main changes introduced by the law include a decreased length of residence requirement for naturalisation (from 7 to 5 years), the right of birthplace (jus soli) of the first generation, a simplified way of acquiring Luxembourgish nationality by 'option', as well as new scenarios to avoid cases of statelessness. The law maintains previous linguistic requirements but makes some adjustments in order to prevent the language condition from becoming an insurmountable obstacle. Ahead of the local elections held on 8 October 2017, the Ministry of Family, Integration and the Greater Region launched a national information and awareness-raising campaign titled "Je peux voter" (I can vote) in January 2017. This campaign aimed to motivate Luxembourg's foreign population to register on the electoral roll for the local elections. The government's intention to legislate face concealment was arguably one of the most debated topics in the field related to community life and integration in the broader sense, both in parliament as well as in the media and public sphere. Bill n°7179 aims to modify article 563 of the Penal Code and to create the prohibition of face concealment in certain public spaces. The bill defines face concealment as the action of covering part of or all of the face in a way of rendering the identification of the person impossible and provides a wide variety of examples, such as the wearing of a motor cycle helmet, a balaclava or a full-face veil. Opposing views among stakeholders, whether political parties, public institutions, civil society or the media, emerged with regard to the necessity to legislate in the matter and if so, on the basis of which grounds and to what extent. The phenomenon of migration has also led to a more heterogeneous population in Luxembourg's schools. To face this situation, the education authorities continued to diversify Luxembourg's offer in education and training, creating for instance a bigger offer for youngsters and adults who do not master any of Luxembourg's vehicular languages, offering more alphabetisation courses or basic instruction courses. The Minister for National Education continued to develop and adapt the school offer to the increased heterogeneity by increasing the international and European school offer, introducing of a new mediation service and putting in place a plurilingual education programme. In the area of legal migration, the most significant changes concerned admission policies of specific categories of third-country nationals. In this respect, bill n°7188 mainly aims to transpose Directive (EU) 2016/801 of the European Parliament and the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing. The directive aims to make the European Union a world centre of excellence for studies and training, while favouring contacts between people and favouring their mobility, these two being important elements of the European Union's external policy. Bill N°7188 intends to facilitate and simplify the procedures for intra-European mobility of TCN researchers and students. Moreover, the proposed changes include incentive mechanisms to retain students and researchers. To this end, it proposes that students and researchers, once they have completed their studies/research, can be issued a residence permit for "private reasons" for a duration of 9 months at most in view of finding employment or creating a business. Finally, bill n°7188 also foresees provisions to regulate the family reunification of a researcher staying in Luxembourg in the context of short- and long-term mobility with his/her nuclear family. The legislator furthermore transposed Directive 2014/36 on seasonal workers and Directive 2014/66 on temporary intragroup transfer into national law, and adapted Luxembourg's immigration law to the needs to the economy, by introducing, amongst other things, and authorisation of stay for investors. Organising the admission of stay and the issuance of authorisations of stay was also a key component within the agreement between Luxembourg and Cape Verde on the concerted management of migratory flows and solidary development. Other objectives of the agreement include the promotion of the movement of people, detailing readmission procedures, fighting against irregular migration, strengthening the legal establishment and integration of the concerned nationals, as well as the mobilisation of skills and resources of migrants in favour of solidary development. ; Le présent rapport fait la synthèse des principaux débats et des évolutions majeures concernant les migrations et l'asile au Luxembourg en 2017. Le nombre de personnes demandant une protection internationale est resté élevé en 2017 (2 322 demandes) par rapport aux niveaux enregistrés avant la « crise migratoire » (1 091 en 2014). Toutefois, ce nombre est resté relativement stable par rapport aux deux années précédentes (2 447 en 2015 et 2 035 en 2016). Cette stabilité relative s'est également reflétée dans le débat public et politique dans le domaine des migrations et de l'asile. Depuis 2016, l'accent n'a cessé de se déplacer d'un discours « d'urgence » axé sur la mise en œuvre de mesures et de conditions d'accueil vers des discussions sur des mesures et des politiques d'intégration à plus long terme. À cet égard, le nouveau parcours d'intégration accompagné (PIA) peut être considéré comme un projet phare de l'OLAI, l'Office luxembourgeois de l'accueil et de l'intégration des étrangers. Le PIA vise à autonomiser les demandeurs et les bénéficiaires d'une protection internationale et à les soutenir dans le développement de leur projet de vie. Le parcours, obligatoire pour tous les demandeurs adultes de protection internationale, se compose d'une composante linguistique et d'une composante civique, et il est divisé en trois phases. Bien que l'augmentation des capacités d'hébergement des demandeurs de protection internationale (DPI) figure parmi les priorités des autorités nationales, le logement des DPI reste très problématique et a déclenché un débat à l'échelle nationale. Outre l'accès à la formation, les problèmes liés au logement des DPI ont été parmi les questions les plus fréquemment soulevées en 2017. La pression sur le logement des DPI et des bénéficiaires de protection internationale (BPI) est importante : le manque de logements abordables sur le marché privé, le nombre croissant de réunifications familiales et la progression du nombre de BPI et de personnes qui ont fait l'objet d'une décision de retour mais qui restent hébergées dans les structures de l'OLAI ont été identifiés comme facteurs de pression. Les difficultés liées à la construction de structures modulaires d'hébergement ont également persisté en 2017. Une certaine réticence de la population à l'égard de la construction de ces « villages conteneurs », prévue en réponse à l'afflux croissant qui a commencé en août 2015, était visible dans les recours introduits devant les tribunaux administratifs pour annuler les plans d'occupation des sols liés aux projets. Les conditions de vie au sein des structures d'accueil ont également fait l'objet de discussions. Elles portaient notamment sur l'absence d'équipement en cuisines de plusieurs lieux d'accueil, les différents systèmes d'approvisionnement en nourriture et les types de nourriture disponibles. Afin de répondre au nombre toujours important de DPI en provenance des pays des Balkans occidentaux, une procédure ultra-accélérée a été mise en place. Cette procédure a été instaurée pour diminuer les pressions sur les structures d'accueil et pour éviter de créer de faux espoirs pour les séjours de longue durée. En avril 2017, la structure d'hébergement d'urgence au Kirchberg (SHUK) a été mise en place, afin d'héberger les DPI pour lesquels le Luxembourg n'est pas compétent pour examiner les demandes en vertu de l'application du règlement de Dublin. Ce nombre a fortement progressé. Le placement à la SHUK correspond à une assignation à résidence, donc à une alternative à la rétention. La structure nouvellement créée ainsi que les conditions d'affectation ont néanmoins été critiquées par la société civile. Plusieurs acteurs de la société civile ont manifesté leur opposition face à une disposition de la loi du 8 mars 2017 qui a étendu la période de rétention des adultes ou familles avec enfants de 72 heures à 7 jours afin de rendre plus efficiente l'organisation du retour. Un premier bilan du fonctionnement du Centre de rétention a été publié en 2017. Une commission chargée d'évaluer l'intérêt des mineurs non accompagnés dans le cadre d'une décision de retour a été créé fin 2017. La commission est chargée de mener à bien des évaluations individuelles concernant l'intérêt supérieur de l'enfant dans le but de prendre une décision de retour ou d'accorder une autorisation de séjour. Parmi les éléments pris en considération lors de cette évaluation et dans le contexte d'une éventuelle décision de retour figurent également les informations fournies par l'Organisation internationale pour les migrations (OIM). Cette dernière a conclu un accord avec la Direction de l'immigration pour rechercher les parents de mineurs non accompagnés dans le pays d'origine. Comme les débats s'orientent lentement vers l'intégration à long terme, le Conseil de gouvernement a également approuvé l'élaboration d'un nouveau plan d'action national sur l'intégration. Le plan sera basé sur deux axes : l'accueil et le suivi des demandeurs de protection internationale et l'intégration des résidents non luxembourgeois au Luxembourg. L'Agence pour le Développement de l'Emploi (ADEM) a créé une cellule BPI au sein de son Service employeurs. Cette cellule fournit aux employeurs des renseignements sur les demandes d'emploi et les évaluations des compétences des BPI. Une nouvelle loi sur la nationalité luxembourgeoise est entrée en vigueur le 1er avril 2017. Cette loi s'inscrit dans le contexte démographique particulier du Luxembourg, caractérisé par une augmentation continue de la population totale avec, en parallèle, une diminution de la part des Luxembourgeois dans la population totale. A travers cette loi, le législateur veut favoriser l'intégration sociétale et politique des citoyens non luxembourgeois et renforcer la cohésion au sein de la communauté nationale. Les principaux changements introduits par la loi consistent en la réduction de la durée de résidence pour la naturalisation (de 7 à 5 ans), l'introduction du droit du sol de la première génération, la réinstauration de voies simplifiées d'acquisition de la nationalité luxembourgeoise par « option », ainsi que de nouveaux scénarios pour éviter les cas d'apatridie. La loi maintient les exigences linguistiques antérieures tout en procédant à quelques ajustements afin d'empêcher que les exigences linguistiques ne deviennent un obstacle insurmontable. En vue des élections communales du 8 octobre 2017, le ministère de la Famille, de l'Intégration et à la Grande Région a lancé une campagne d'information et de sensibilisation intitulée « Je peux voter » en janvier 2017. Cette campagne avait pour but d'inciter la population étrangère du Luxembourg à s'inscrire sur les listes électorales pour les élections communales. L'intention du Gouvernement de légiférer sur la dissimulation du visage était sans doute l'un des sujets les plus débattus dans le domaine lié à la vie au sein de la société au Luxembourg et l'intégration au sens large du terme, tant à la Chambre des députés que dans les médias et la sphère publique. Le projet de loi n° 7179 vise à modifier l'article 563 du Code pénal et à créer l'interdiction de dissimuler le visage dans certains espaces publics. Il définit la dissimulation du visage comme le fait de couvrir une partie ou la totalité du visage de façon à rendre l'identification de la personne impossible. Des vues opposées entre les parties prenantes – les partis politiques, les institutions publiques, la société civile ou les médias – se sont exprimées au sujet de la nécessité de légiférer en la matière et dans l'affirmative, sur les motifs et l'étendue de l'interdiction de la dissimulation du visage. Le phénomène des migrations a eu aussi comme conséquence de renforcer l'hétérogénéité de la population scolaire. Pour faire face à cette situation, les autorités scolaires ont continué à diversifier l'offre en matière d'éducation et de formation. Parmi les mesures mises en place, on peut signaler notamment l'élargissement des offres de cours d'alphabétisation et de formation de base, l'extension de l'offre au niveau des écoles internationales et européennes et la mise en place d'un programme d'éducation plurilingue au niveau de la petite enfance. Dans le domaine de l'immigration, les changements les plus importants concernent la politique d'admission de certaines catégories de ressortissants de pays tiers. À cet égard, le projet de loi n° 7188 vise principalement à transposer la Directive européenne 2016/801 du Parlement européen et du Conseil du 11 mai 2016 sur les conditions d'entrée et de séjour des ressortissants de pays tiers à des fins de recherche, d'études, de formation, de volontariat, de programmes d'échanges d'élèves ou de projets éducatifs et de travail au pair. La directive vise à faire de l'Union européenne un centre mondial d'excellence en matière d'études et de formation, tout en favorisant les contacts entre les personnes et leur mobilité, deux éléments importants de la politique extérieure de l'Union européenne. Le projet de loi vise à faciliter et à simplifier les procédures de mobilité intraeuropéenne des chercheurs et des étudiants qui sont des ressortissants de pays tiers. De plus, certaines modifications comprennent des mécanismes incitatifs pour retenir les étudiants et les chercheurs. À cette fin, il propose que les étudiants et les chercheurs, une fois leurs études ou recherches terminées, puissent se voir délivrer un titre de séjour pour « raisons privées » pour une durée maximum de 9 mois en vue de trouver un emploi ou de créer une entreprise. Enfin, le projet de loi entend réglementer le regroupement familial d'un chercheur séjournant au Luxembourg dans le cadre d'une mobilité à court et à long terme. Le législateur a par ailleurs transposé la Directive 2014/36 sur les travailleurs saisonniers et la Directive 2014/66 sur le transfert temporaire intragroupe en droit national, et a adapté le dispositif de l'immigration aux besoins de l'économie en introduisant entre autres, une autorisation de séjour pour les investisseurs. L'organisation de l'admission du séjour et de la délivrance des autorisations de séjour était également un élément clé de l'Accord entre le Luxembourg et le Cap-Vert relatif à la gestion concertée des flux migratoires et au développement solidaire. L'accord approuvé par la loi du 20 juillet 2017 poursuit en outre les objectifs suivant : promouvoir la mobilité des personnes, lutter contre l'immigration irrégulière, préciser les procédures de réadmission, renforcer l'intégration légale des ressortissants concernés, ainsi que mobiliser les compétences et les ressources des migrants en faveur d'un développement solidaire.

The present report provides an overview of the main developments and debates in relation to migration and asylum in Luxembourg in 2017. The number of people applying for international protection remained high in 2017 (2.322 applications) compared to the levels registered pre- 'migration crisis' (1.091 in 2014). However, the number of registrations remained relatively stable if compared to the two preceding years (2.447 in 2015 and 2.035 in 2016). This relative stability in numbers also reflected on the general public and policy debate in the field of migration and asylum. Since 2016, its focus has continuously shifted from an 'emergency' discourse axed on the implementation of reception measures and conditions towards discussions on longer-term integration measures and policies. In this regard, the newly introduced Guided Integration Trail (parcours d'intégration accompagné - PIA) can be considered a flagship project of OLAI, the national agency responsible for the reception and integration of foreigners. This multidisciplinary package of measures aims to empower applicants and beneficiaries of international protection and to support them in developing their life project. The trail, compulsory for all adult applicants for international protection, consists of a linguistic component and a civic component and is split into three phases. Although increasing housing capacities for the reception of applicants for international protection was high on national authorities' agenda, housing remained a challenging aspect of the asylum system and triggered debate on a national scale. Alongside access to training, problems related to housing were among the issues most frequently raised by applicants for international protection in 2017. The lack of affordable housing on the private market, an increasing number of family reunifications as well as the increasing number of beneficiaries and persons who have been issued a return decision who remain housed in structures of OLAI were all identified as interplaying barriers for finding available accommodation for applicants for international protection. The difficulties with the construction of modular housing structures also persisted in 2017. A certain reticence of the population towards the construction of these so-called 'container villages, planned in response to the increasing influx that started in August 2015, was visible in the appeals introduced into Luxembourg's First Instance Administrative Courts to annul the land-use plans related to the projects. Living conditions in the various reception facilities were also one of the subjects of discussion in 2017. This included a debate on the (lack of) kitchen infrastructure in reception facilities and the varying systems for provision of food, the types of food available, as well as the availability of internet. As an answer to the resurgence of an increased influx of applicants of international protection from the Western Balkans in early 2017, a new 'ultra-accelerated procedure' was put in place for applicants of international protection stemming from the Western Balkans. According to the state authorities, the ultra-accelerated procedure was set up to take pressure off the reception facilities, but also as a deterrent to avoid creating false hopes for long-term stay. In April 2017, a 'semi-open return structure' (Structure d'hébergement d'urgence au Kirchberg – SHUK) was put in place, from which people are transferred to states applying the Dublin regulation. Due to home custody (assignation à résidence), the SHUK is considered to be an alternative to detention by national authorities. The newly created structure as well as the related conditions for assignment, were nevertheless criticised by civil society. The outcry among civil society was equally high during and after the adoption the Law of 8 March 2017, which endorses the extension of the permitted period of detention of adults or families with children from 72 hours to 7 days, in order to improve the organisation of the return and ensures that it is carried out successfully. A commission in charge of determining the best interests of unaccompanied minors applying for international protection was decided at the end of 2017. The commission is in charge of carrying out individual assessments regarding the best interest of the child with the aim of delivering an authorisation of stay or a return decision. Among the elements taken into consideration when the best interest of the child is evaluated in the context of a potential return decision is information provided by the International Organization for Migration (IOM). The latter made an agreement with the Directorate of Immigration in 2017 to search for the parents of UAMs in the country of origin. With the focus of debates having slowly shifted towards long-term integration issues, the Council of Government also approved the elaboration of a new multiannual national action plan on integration. The plan will be based on two axes: (1) the reception and follow-up of applicants for international protection and (2) the integration of Luxembourg's non-Luxembourgish residents. Luxembourg's National Employment Agency (ADEM) set up a "cellule BPI" (beneficiaries of international protection cell) in its Employer Service in early 2017. This cell provides employers with information regarding job applications and evaluations of the competences of beneficiaries of international protection. A new law on the Luxembourgish nationality entered into force on 1 April 2017. Given the particular demographic situation of Luxembourg characterised by a significant increase in the total population and a decrease in the proportion of Luxembourgers in the total population, the reform intends to promote the societal and political integration of non-Luxembourgish citizens and to strengthen cohesion within the national community. The main changes introduced by the law include a decreased length of residence requirement for naturalisation (from 7 to 5 years), the right of birthplace (jus soli) of the first generation, a simplified way of acquiring Luxembourgish nationality by 'option', as well as new scenarios to avoid cases of statelessness. The law maintains previous linguistic requirements but makes some adjustments in order to prevent the language condition from becoming an insurmountable obstacle. Ahead of the local elections held on 8 October 2017, the Ministry of Family, Integration and the Greater Region launched a national information and awareness-raising campaign titled "Je peux voter" (I can vote) in January 2017. This campaign aimed to motivate Luxembourg's foreign population to register on the electoral roll for the local elections. The government's intention to legislate face concealment was arguably one of the most debated topics in the field related to community life and integration in the broader sense, both in parliament as well as in the media and public sphere. Bill n°7179 aims to modify article 563 of the Penal Code and to create the prohibition of face concealment in certain public spaces. The bill defines face concealment as the action of covering part of or all of the face in a way of rendering the identification of the person impossible and provides a wide variety of examples, such as the wearing of a motor cycle helmet, a balaclava or a full-face veil. Opposing views among stakeholders, whether political parties, public institutions, civil society or the media, emerged with regard to the necessity to legislate in the matter and if so, on the basis of which grounds and to what extent. The phenomenon of migration has also led to a more heterogeneous population in Luxembourg's schools. To face this situation, the education authorities continued to diversify Luxembourg's offer in education and training, creating for instance a bigger offer for youngsters and adults who do not master any of Luxembourg's vehicular languages, offering more alphabetisation courses or basic instruction courses. The Minister for National Education continued to develop and adapt the school offer to the increased heterogeneity by increasing the international and European school offer, introducing of a new mediation service and putting in place a plurilingual education programme. In the area of legal migration, the most significant changes concerned admission policies of specific categories of third-country nationals. In this respect, bill n°7188 mainly aims to transpose Directive (EU) 2016/801 of the European Parliament and the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing. The directive aims to make the European Union a world centre of excellence for studies and training, while favouring contacts between people and favouring their mobility, these two being important elements of the European Union's external policy. Bill N°7188 intends to facilitate and simplify the procedures for intra-European mobility of TCN researchers and students. Moreover, the proposed changes include incentive mechanisms to retain students and researchers. To this end, it proposes that students and researchers, once they have completed their studies/research, can be issued a residence permit for "private reasons" for a duration of 9 months at most in view of finding employment or creating a business. Finally, bill n°7188 also foresees provisions to regulate the family reunification of a researcher staying in Luxembourg in the context of short- and long-term mobility with his/her nuclear family. The legislator furthermore transposed Directive 2014/36 on seasonal workers and Directive 2014/66 on temporary intragroup transfer into national law, and adapted Luxembourg's immigration law to the needs to the economy, by introducing, amongst other things, and authorisation of stay for investors. Organising the admission of stay and the issuance of authorisations of stay was also a key component within the agreement between Luxembourg and Cape Verde on the concerted management of migratory flows and solidary development. Other objectives of the agreement include the promotion of the movement of people, detailing readmission procedures, fighting against irregular migration, strengthening the legal establishment and integration of the concerned nationals, as well as the mobilisation of skills and resources of migrants in favour of solidary development. ; Le présent rapport fait la synthèse des principaux débats et des évolutions majeures concernant les migrations et l'asile au Luxembourg en 2017. Le nombre de personnes demandant une protection internationale est resté élevé en 2017 (2 322 demandes) par rapport aux niveaux enregistrés avant la « crise migratoire » (1 091 en 2014). Toutefois, ce nombre est resté relativement stable par rapport aux deux années précédentes (2 447 en 2015 et 2 035 en 2016). Cette stabilité relative s'est également reflétée dans le débat public et politique dans le domaine des migrations et de l'asile. Depuis 2016, l'accent n'a cessé de se déplacer d'un discours « d'urgence » axé sur la mise en œuvre de mesures et de conditions d'accueil vers des discussions sur des mesures et des politiques d'intégration à plus long terme. À cet égard, le nouveau parcours d'intégration accompagné (PIA) peut être considéré comme un projet phare de l'OLAI, l'Office luxembourgeois de l'accueil et de l'intégration des étrangers. Le PIA vise à autonomiser les demandeurs et les bénéficiaires d'une protection internationale et à les soutenir dans le développement de leur projet de vie. Le parcours, obligatoire pour tous les demandeurs adultes de protection internationale, se compose d'une composante linguistique et d'une composante civique, et il est divisé en trois phases. Bien que l'augmentation des capacités d'hébergement des demandeurs de protection internationale (DPI) figure parmi les priorités des autorités nationales, le logement des DPI reste très problématique et a déclenché un débat à l'échelle nationale. Outre l'accès à la formation, les problèmes liés au logement des DPI ont été parmi les questions les plus fréquemment soulevées en 2017. La pression sur le logement des DPI et des bénéficiaires de protection internationale (BPI) est importante : le manque de logements abordables sur le marché privé, le nombre croissant de réunifications familiales et la progression du nombre de BPI et de personnes qui ont fait l'objet d'une décision de retour mais qui restent hébergées dans les structures de l'OLAI ont été identifiés comme facteurs de pression. Les difficultés liées à la construction de structures modulaires d'hébergement ont également persisté en 2017. Une certaine réticence de la population à l'égard de la construction de ces « villages conteneurs », prévue en réponse à l'afflux croissant qui a commencé en août 2015, était visible dans les recours introduits devant les tribunaux administratifs pour annuler les plans d'occupation des sols liés aux projets. Les conditions de vie au sein des structures d'accueil ont également fait l'objet de discussions. Elles portaient notamment sur l'absence d'équipement en cuisines de plusieurs lieux d'accueil, les différents systèmes d'approvisionnement en nourriture et les types de nourriture disponibles. Afin de répondre au nombre toujours important de DPI en provenance des pays des Balkans occidentaux, une procédure ultra-accélérée a été mise en place. Cette procédure a été instaurée pour diminuer les pressions sur les structures d'accueil et pour éviter de créer de faux espoirs pour les séjours de longue durée. En avril 2017, la structure d'hébergement d'urgence au Kirchberg (SHUK) a été mise en place, afin d'héberger les DPI pour lesquels le Luxembourg n'est pas compétent pour examiner les demandes en vertu de l'application du règlement de Dublin. Ce nombre a fortement progressé. Le placement à la SHUK correspond à une assignation à résidence, donc à une alternative à la rétention. La structure nouvellement créée ainsi que les conditions d'affectation ont néanmoins été critiquées par la société civile. Plusieurs acteurs de la société civile ont manifesté leur opposition face à une disposition de la loi du 8 mars 2017 qui a étendu la période de rétention des adultes ou familles avec enfants de 72 heures à 7 jours afin de rendre plus efficiente l'organisation du retour. Un premier bilan du fonctionnement du Centre de rétention a été publié en 2017. Une commission chargée d'évaluer l'intérêt des mineurs non accompagnés dans le cadre d'une décision de retour a été créé fin 2017. La commission est chargée de mener à bien des évaluations individuelles concernant l'intérêt supérieur de l'enfant dans le but de prendre une décision de retour ou d'accorder une autorisation de séjour. Parmi les éléments pris en considération lors de cette évaluation et dans le contexte d'une éventuelle décision de retour figurent également les informations fournies par l'Organisation internationale pour les migrations (OIM). Cette dernière a conclu un accord avec la Direction de l'immigration pour rechercher les parents de mineurs non accompagnés dans le pays d'origine. Comme les débats s'orientent lentement vers l'intégration à long terme, le Conseil de gouvernement a également approuvé l'élaboration d'un nouveau plan d'action national sur l'intégration. Le plan sera basé sur deux axes : l'accueil et le suivi des demandeurs de protection internationale et l'intégration des résidents non luxembourgeois au Luxembourg. L'Agence pour le Développement de l'Emploi (ADEM) a créé une cellule BPI au sein de son Service employeurs. Cette cellule fournit aux employeurs des renseignements sur les demandes d'emploi et les évaluations des compétences des BPI. Une nouvelle loi sur la nationalité luxembourgeoise est entrée en vigueur le 1er avril 2017. Cette loi s'inscrit dans le contexte démographique particulier du Luxembourg, caractérisé par une augmentation continue de la population totale avec, en parallèle, une diminution de la part des Luxembourgeois dans la population totale. A travers cette loi, le législateur veut favoriser l'intégration sociétale et politique des citoyens non luxembourgeois et renforcer la cohésion au sein de la communauté nationale. Les principaux changements introduits par la loi consistent en la réduction de la durée de résidence pour la naturalisation (de 7 à 5 ans), l'introduction du droit du sol de la première génération, la réinstauration de voies simplifiées d'acquisition de la nationalité luxembourgeoise par « option », ainsi que de nouveaux scénarios pour éviter les cas d'apatridie. La loi maintient les exigences linguistiques antérieures tout en procédant à quelques ajustements afin d'empêcher que les exigences linguistiques ne deviennent un obstacle insurmontable. En vue des élections communales du 8 octobre 2017, le ministère de la Famille, de l'Intégration et à la Grande Région a lancé une campagne d'information et de sensibilisation intitulée « Je peux voter » en janvier 2017. Cette campagne avait pour but d'inciter la population étrangère du Luxembourg à s'inscrire sur les listes électorales pour les élections communales. L'intention du Gouvernement de légiférer sur la dissimulation du visage était sans doute l'un des sujets les plus débattus dans le domaine lié à la vie au sein de la société au Luxembourg et l'intégration au sens large du terme, tant à la Chambre des députés que dans les médias et la sphère publique. Le projet de loi n° 7179 vise à modifier l'article 563 du Code pénal et à créer l'interdiction de dissimuler le visage dans certains espaces publics. Il définit la dissimulation du visage comme le fait de couvrir une partie ou la totalité du visage de façon à rendre l'identification de la personne impossible. Des vues opposées entre les parties prenantes – les partis politiques, les institutions publiques, la société civile ou les médias – se sont exprimées au sujet de la nécessité de légiférer en la matière et dans l'affirmative, sur les motifs et l'étendue de l'interdiction de la dissimulation du visage. Le phénomène des migrations a eu aussi comme conséquence de renforcer l'hétérogénéité de la population scolaire. Pour faire face à cette situation, les autorités scolaires ont continué à diversifier l'offre en matière d'éducation et de formation. Parmi les mesures mises en place, on peut signaler notamment l'élargissement des offres de cours d'alphabétisation et de formation de base, l'extension de l'offre au niveau des écoles internationales et européennes et la mise en place d'un programme d'éducation plurilingue au niveau de la petite enfance. Dans le domaine de l'immigration, les changements les plus importants concernent la politique d'admission de certaines catégories de ressortissants de pays tiers. À cet égard, le projet de loi n° 7188 vise principalement à transposer la Directive européenne 2016/801 du Parlement européen et du Conseil du 11 mai 2016 sur les conditions d'entrée et de séjour des ressortissants de pays tiers à des fins de recherche, d'études, de formation, de volontariat, de programmes d'échanges d'élèves ou de projets éducatifs et de travail au pair. La directive vise à faire de l'Union européenne un centre mondial d'excellence en matière d'études et de formation, tout en favorisant les contacts entre les personnes et leur mobilité, deux éléments importants de la politique extérieure de l'Union européenne. Le projet de loi vise à faciliter et à simplifier les procédures de mobilité intraeuropéenne des chercheurs et des étudiants qui sont des ressortissants de pays tiers. De plus, certaines modifications comprennent des mécanismes incitatifs pour retenir les étudiants et les chercheurs. À cette fin, il propose que les étudiants et les chercheurs, une fois leurs études ou recherches terminées, puissent se voir délivrer un titre de séjour pour « raisons privées » pour une durée maximum de 9 mois en vue de trouver un emploi ou de créer une entreprise. Enfin, le projet de loi entend réglementer le regroupement familial d'un chercheur séjournant au Luxembourg dans le cadre d'une mobilité à court et à long terme. Le législateur a par ailleurs transposé la Directive 2014/36 sur les travailleurs saisonniers et la Directive 2014/66 sur le transfert temporaire intragroupe en droit national, et a adapté le dispositif de l'immigration aux besoins de l'économie en introduisant entre autres, une autorisation de séjour pour les investisseurs. L'organisation de l'admission du séjour et de la délivrance des autorisations de séjour était également un élément clé de l'Accord entre le Luxembourg et le Cap-Vert relatif à la gestion concertée des flux migratoires et au développement solidaire. L'accord approuvé par la loi du 20 juillet 2017 poursuit en outre les objectifs suivant : promouvoir la mobilité des personnes, lutter contre l'immigration irrégulière, préciser les procédures de réadmission, renforcer l'intégration légale des ressortissants concernés, ainsi que mobiliser les compétences et les ressources des migrants en faveur d'un développement solidaire.

Since 2003, Peru has emerged as an open, rapidly growing economy. Over the review period of 2003-09, successive governments adopted policy platforms aimed at maintaining macroeconomic stability, furthering the private sector supply response, broadening participation in growth, improving social service delivery, and strengthening public institutions. The World Bank Group (WBG) supported each of the three pillars of the government's poverty reduction strategy, namely: (i) broad-based economic growth that engaged a higher share of the population; (ii) enhanced human development through improved social service delivery; and (iii) strengthened public sector institutions. Independent Evaluation Group (IEG) recommends that the WBG: (i) tailor its strategy to support long-term integration of Peru's three distinct regions; (ii) seek opportunities to support large-scale infrastructure development; (iii) develop a more strategic approach to helping improve public sector management; (iv) seek further innovations in International Bank for Reconstruction and Development (IBRD's) instruments against a backdrop of declining demand for its financial resources; (v) seek to help develop a strategic planning function in Peru; (vi) build a close strategic partnership with development partners that provides concessional finance in the social sectors to optimize synergies with IBRD policy lending and analytic and advisory activities; (vii) develop a strategic focus for International Finance Corporation (IFC) around employment- generating industries in emerging sectors; (viii) maintain IFC's additionality by supporting lower-tier and more regionally dispersed private companies; and (ix) leverage the strong country presence of IBRD and IFC to enhance Multilateral Investment Guarantee Agency's (MIGA's) marketing and risk assessment functions.

Owing primarily to extensive investment in new mining projects, Mongolia's economy is on a path of very rapid long-term growth. While financial intermediation in Mongolia has been growing fast, access to finance remains a critical constraint for enterprises, and especially for Small and Medium Enterprises (SMEs). Improving access to financial services will require strengthening the legal and regulatory framework and financial infrastructure, including the secured transactions framework, creditor rights and insolvency regime, credit information sharing system, platform for technology-based banking products, regulation and supervision of nonbank financial institutions, and consumer protection in financial services. To realize fully its economic potential, Mongolia needs to build a diversified, efficient and stable financial system, capable of intermediating both on a large scale and in specific market segments. Due to its focus on the development agenda, and specifically on access to finance for the SME sector, capital markets development, and housing finance market development, this report does not address financial sector stability issues. Financial intermediation in Mongolia has grown significantly in recent years; credit and deposit penetration are on par with the average in the East Asia and the Pacific (EAP) region. Access to finance is particularly constrained for SMEs, which are also more sensitive to an unstable macroeconomic environment, characterized by high inflation and exchange rate fluctuations.

This paper provides a synthetic overview of the link between food insecurity and conflict, addressing both traditional (civil and interstate war) and emerging (regime stability, violent rioting and communal conflict) threats to security and political stability. In addition, it addresses the various attempts by national governments, intergovernmental organizations, and civil society to address food insecurity and, in particular, the link with conflict. It begins with a discussion of the various effects of food insecurity for several types of conflict, and discusses the interactions among political, social, and demographic factors that may exacerbate these effects. It then discusses the capabilities of states, international markets, intergovernmental organizations, and nongovernmental organizations (NGOs) to break the link between food security and conflict by focusing on mechanisms that can shield both food consumers and producers from short-term price instability. Finally, it discusses projected trends in both food insecurity and conflict and concludes with some brief comments on policies that can build resilience in light of projections of higher and volatile food prices and a changing climate.

This study analyzes the impact of work of the World Bank in the areas of consumer protection in financial services and in improving financial literacy in the Czech Republic and Slovakia, the first two countries where the World Bank provided technical assistance in the areas of consumer protection in financial services and financial literacy. The impulse of the Czech authorities was their understanding that consumer protection was lacking in the area of financial services while the offer and complexity of financial products was growing rapidly in the quickly developing post-communist market. The authorities were dealing with a growing number of complaints from the public as well as increasing media coverage of consumer complaints, while lacking adequate internal expertise to deal with these issues. The World Bank prepared the technical note on consumer protection in financial services for the Czech Republic. After the note was presented publicly at a dissemination seminar in the Czech Republic, authorities of the Slovak Republic requested similar assistance as they were dealing with similar issues. This study describes the impact the pioneering work of the World Bank team had on the Czech Republic and Slovakia, and how it assisted national authorities in improving consumer protection in financial services and developing programs to increase financial literacy of the Czech and Slovak populations.

Abstract: Transcription of Utah International shareholder's meeting to finalize the merger with General Electric. The meeting took place December 15, 1976. Speakers are Edmund Littlefield (EL), Bruce Mitchell (BM), Charles Travers (CT), and seven unknown speakers labeled by number as they appear. Also, when the audience speaks as a group, it is labeled All. This document is transcribed verbatim, with a few changes included to provide clarity. December 15, 1976 Transcript: EL: I see we are playing to a packed house and I would like to suggest that there is a whole row of seats down here in the front that we would be glad to have you come use. Well good morning ladies and gentlemen, would the meeting please come to order. Welcome to this special meeting of the shareholders of Utah International, called for the purpose of considering the proposed merger with the General Electric Company. I am Edmund W. Littlefield, Chairman of the Board and Chief Executive Officer. On my left are Alexander M. Wilson, President and Chief Operating Officer and Director, and Bruce T. Mitchell, Secretary of the company. It is my privilege to introduce to you the other members of our board of directors who are here today, Alf E. Brandon, Senior Vice President of the company; Val A. Browning, Chairman of the Board, Browning; Thomas D. Dee, Vice President of First Security Bank, Ogden, Utah; William R. Hewlett, President of Hewlett-Packard Company; J. B. Ladd, President of Ladd Petroleum Corporation, a subsidiary of the company; Arjay Miller, Dean, Graduate School of 2 Business, Stanford University; Paul L. Wattis Jr., President of Wattis Construction Company; and last and certainly by no means least, a gentleman who's served on this board for fifty-six years, Marriner S. Eccles, former President and Chairman of the Board of the company and now Honorary Chairman of the Board. [Applause] Thank you. These gentlemen, together with the two of us on the platform, who you met earlier, constitute the Board of Directors. Unfortunately, Ernest C. Arbuckle, Chairman of the Board of Wells Fargo Bank and our host for this meeting is unable to be with us today. Fred J. Borch, George Eccles and Bill Kimball are also unable to be with us. Ernie, unfortunately, is undergoing some surgery at this time. We also have with us today representatives of Arthur Anderson, our auditors, Pillsbury Madison and Suite our counsel, and Lehman Brothers and Dean Company, and our investment brokers are also present here today. I now ask the secretary to report on the notice of the meeting, the presence of a quorum, and other matters relating to this meeting. BM: Mr. Chairman, there are available the following documents: 1) A list of the stockholders of Utah International Inc. as of the close of business on October 29, 1976 being the stockholders, entitled to notice of and to vote at this special meeting. 2) An affidavit of the company's transfer agent to the effect of written notice of the special meeting was mailed to each stockholder entitled to vote more than twenty days before the date of the meeting as required by Delaware general corporation law. 3) A signed registration of all stockholders and proxy holders 3 present at the meeting. Management proxies received and other proxies who are personally present represent more than the majority of 31,540,032 shares of stock entitled to vote at the meeting, and constitute a quorum for the transaction of business. This meeting is accordingly properly called and constituted, and is empowered to proceed as a special meeting of the stockholders of Utah International Inc. EL: Thank you, the Board appoints Mr. J. B. Nelson and Mr. Swineheart of Utah International Inc. and Mr. Dennis Conco of the Crocker National Bank, inspectors of election to inspect assigned proxies and credentials presented to the meeting and to conduct a voting to receive and count the votes and to determine the results of the meeting. In the notice of the Special Meeting in the attaché proxy statement, the only item of business to be considered by the stockholders is a proposal for the adoption and approval of the agreement in plan, the reorganization and agreement of merger as amended by which Utah International Incorporated will become a wholly owned subsidiary of General Electric Company. The secretary is requested to submit the resolution which has been prepared for this purpose. BM: Mr. Chairman, the resolution is as follows: resolved that the merger of G. sub of Delaware Inc. with an end to this corporation as set forth in the agreement and plan of reorganization dated as of April 1, 1976; as amended by an amendment dated as of August 13, 1976, attached are annex one and annex two respectively, and the agreement mergers set forth as exhibit A to said annex one to the proxy statement dated October 29, 1976, and mailed to stockholders of record at the 4 close of business on October 29, 1976. Also included are the terms and conditions of the purposed agreement and plan of reorganization as amended, along with the agreement of the merger, providing among other things, for this corporation to become a wholly owned subsidiary of General Electric Company, and the mode of carrying such terms and conditions into effect; as well, the manner and basis of converting the shares of common stock of this corporation into shares of common stock of General Electric Company, as therein provided be and hereby are, approved. 1: Mr. Chairman, I'm a stockholder and I would like to move the adoption to resolution. EL: Thank you. Is there a second? 2: Second. I hereby second the motion. EL: Thank you. It has been moved and seconded that the resolution which the secretary has read be adopted. The affirmative vote of a majority of the outstanding shares of the corporation will be required to carry the motion and adopt the resolution. Before opening the matter for general discussion, I would like to make some comments. This is a special meeting of the shareholders of Utah International Incorporated. It is special in two ways, first in the statutory sense in that it is not a regular annual meeting, but calls specifically to consider and act upon the merger of Utah and General Electric. It is also special in the sentimental sense in that it is destined to be the last public held meeting of this fine company whose antecedents go back to January 1900, when its 5 predecessor was incorporated with six shareholders. When the business of the day is done, Utah International will be merged with a single shareholder. General Electric has of record some 529,000 shareholders, Utah 23,000. These are located in fifty states and in many foreign countries. The actual number of shareholders is far greater. For often the shareholder of record is a broker or trust department of a bank acting as a nominee for many, many shareholders. You received a rather weight proxy statement. If the proxy material required and printed for the Utah and General Electric shareholders meetings today were stacked one on top of the other the pile would be over three and a half miles high. If the individual pages were laid end to end these would cross the continental United States three and three-quarter times. The proxy statement contains, and it's a hundred and seventy-six pages, considerable detail of the terms of the merger, historical financial and operating information of both companies, formal statements of the merge company and other information which the Board of Directors of the respective companies and or the Securities and Exchange Commission deem pertinent and appropriate to put before the shareholders so they may arrive at an informed decision. The merger has been recommended by each Board of Directors. It has been examined on Utah's behalf by the investment banking firms of Lehman Brothers Incorporated and Dean Whitter and Company Incorporated. Each of whom has expressed the opinion that the exchange ratio is fair and equitable to the shareholders of Utah. The same information has been put before the shareholders of General Electric, who met today, this morning, in Stratford, 6 Connecticut at 9:30 AM eastern standard time and they have approved the merger. The Utah shareholders have also considered the merger, and the company is in receipt of proxies representing over 86% of the shares issued and outstanding. The proxies have been instructed how the shares are to be voted and as a consequence, the outcome of the voting on the proposals before us has already been determined and from a practical standpoint, nothing we can say or do here will in fact change that. Even though the outcome is ordained I have no intention of conducting these proceedings in a perfunctory manner. Many of us in this room have devoted most of our working lives to the furtherance of the fortunes of Utah International and we come to today's proceedings with mixed emotions. We recognize and stipulate that it is in the best interest of the Utah shareholders and its employees, that over the years we have given much of our substance into making this company what it is today. We are proud of our handy work and I believe properly so. We do not intend to let this moment pass into history, without noting these accomplishments and recording the concerns that caused us to believe that a merger between these two great companies would serve the best interests of the shareholders of each. Let's pick up the story twenty years ago when the company had 257 shareholders, some 2,400 employees and gross revenues less than 43 million dollars of which 76% was derived from performing contract construction. The stock was traded over the counter at a book value of $1.12 a share and trade from a low of $1.18 to a high of $1.51. That year the company earned 4.2 million dollars or 16 ¢ a share, and paid a dividend of 4.9 ¢ a share. With that as a 7 starting point let us examine the progress that has been recorded. Gross revenues grew, not always steadily, but over the years have climbed to over 944 million in the last fiscal year. The composition of these gross revenues has changed as the nature of the company has changed. Until we sold our heavy construction assets in 1969, construction was the major source of gross revenues. With the sale of construction assets to 1969, and the dredges in 1971, mining became and remains overwhelmingly the dominant business of the company. Gross revenues from land development have been on the decline. More recently through the acquisition of Ladd Petroleum and other companies, gross revenues from oil and gas have become a significant item. As our business grew, so have our earnings, from the 4.2 million earned in 1956, earnings have risen to 178.8 million dollars the past year and have set record highs in each of the last 12 years. In only three out of the last twenty years have earnings been lower than the preceding year. Earnings have increased from 16 ¢ in '56 to $5.67 this year and the dividend has gone from 4.9¢ to $1.15 this year. As the company grew and prospered the stock was listed on the New York Stock Exchange. As you can see the number of shareholders has increased very substantially. Inevitably, death and taxes forced the estates of some of the long time shareholders to bring shares to the market. The company sold convertible debentures to obtain funds for expansion and conversion of these debentures, and our merger with Lucky Mc, Ladd Petroleum and LVO have also contributed to the increase in the number of shareholders. There has been some modest decline in the number of shareholders since the acquisition of LVO in 1974, but 8 today we still have almost 100 times as many shareholders as we did twenty years ago. The increase in the number of employees required the conduct growing business of the company has not tracked the change in either gross revenues or net income. Construction is a labor intensive activity, while mining is capital intense. Our employment peaked in 1958 at 12,000, dropped sharply when we sold our heavy division assets, but has gradually expanded as the company's mining activities have grown rapidly. Our mineral sales backlog was insignificant twenty years ago, and even ten years ago was only about a sixth of its' size today. Nevertheless, the creation of the mineral sales backlog was and is an important aspect of Utah International's character and one that distinguishes it from most other mining companies. Very frankly, when we were embarking upon the rapid expansion of our mining business, we had neither the capital, nor the credit to finance the growth at the pace we wished to pursue without resorting to forward sales of new production to strengthen our credit. We made a virtue out of a necessity and today Utah's mineral sales backlog has grown from a modest 1.1 billion dollars in '66 to 6.1 billion dollars today. 96% of this backlog is represented by long term contracts with escalation clauses protecting against future cost changes. It was the existence of this backlog which in considerable measure excited investor interest in the shares of Utah International and caused the price of the stock to increase dramatically over the years. From a low of a $1.18 in 1956, the stock has closed at a higher price than the preceding year in sixteen out of the last twenty years, including the $65 price of the stock on October 31 the close of this 9 last fiscal year. In the early years, the stock sold close to its' book value. Again, in the early years, price earnings ratios on the stock were also modest, generally below twelve times the earnings. As the investing public came to realize the growth, earnings and the qualities of those price earnings ratios rose and remained for several years in excess of twenty times earnings, until the last few years, when investors have not been willing to accord so high a multiple for Utah shares, nor in fact for virtually shares of all other growth companies. Those who have invested in Utah shares and maintained faith in its management and its future have fared well. Earnings have grown at the compound rate of 19% for the last twenty years, 23% for the last fifteen years, 28% for the last ten years, and a startling 37% for the last five years. If you had invested a thousand dollars in the stock in 1956, you would have received in the interim dividends of $4,291, and the stock would have appreciated to $42,900. If you had made the same investments, but reinvested your dividends in Utah shares at the last price for each of the ensuing years, your $1,000 investment would have been worth $69,800 at the close of fiscal 1976. While I have not attempted to research the matter thoroughly, certainly there are few, if any, companies who have served their shareholders so well and so consistently in a period measured in five year, ten year, fifteen year or twenty year spans. Why then would a company who has so outstanding a record consider a merger even with the best of companies? The reason lies in the changing nature of the company's business and the source of its profits, present and prospective. Twenty years ago the company derived 87% of its' gross revenues from North 10 America, Later, even though we were heavily involved in contract construction outside North America, our gross revenues were well balanced for most of the time during the last twenty years. Ten years ago, only 8% of our mining revenues came from outside of North America, but this has been changing drastically in the last six years. As the next slide shows, 1976 witnessed 74.3% of the gross revenues earned outside North America and only 25.7% within North America. All of our land development and oil and gas gross revenues are earned within North America, but today only 22% our mining gross revenues are earned within North America and only 13.6% in the United States itself, far more significance, in my view, than the source of gross revenues or the sources of gross profit and other income. In the remarks that follow, I shall refer to this income account category simply as gross profits, but please consider it includes income from affiliates, joint ventures and partnerships as well as the gross profit earned by the parent company and its subsidiaries. This figure has grown from 8.7 million dollars in '56 to over 353 million dollars this past year. In the earlier years, the share provided by affiliate companies like Marcona and Cypress Pima, joint ventures and partnerships was a significant factor in the total. Reaching a high of 51% in 1967, but earnings from these sources have not been significant the last two years, dropping to a half of 1% in 1975 and actually producing the loss of 9 million dollars in 1976, the decline being primarily the result of the ill fortunes that have befallen Marcona. Mining has become increasingly the source of the company's gross profit. As you can see, ten years ago in 1966, mining contributed 31% of 11 the total of 22.7 million dollars gross profit, while in 1976 it contributed 344.7 million dollars or 97% of the gross profit and other income of 353.7 million dollars. However, it is not the concentration of gross profit and mining that so concerns us as it is the concentration of mining gross profit in a single commodity in a single country. Let's compare gross profits in '66 with those of '71 and those of '76. The well diversified business we enjoyed in '66 and indeed even in '71 has given way to a growing concentration of earnings from coal. Not only was our business increasingly concentrated in coal, but the earnings potential was increasingly concentrated outside North America. Earnings from North American sources provided 56.4% of gross profits in 1966. This has followed the 7.7% in 1975 and 14.2% in 1976 when the sharp increase in uranium increases did boost North American income. However, this trend toward increasing concentration of earnings from metallurgical coal produced in Australia is likely to continue for two probable reasons. The first indication is found in the mineral sales backlog which total 6.1 billion at the close of '76 with 71.3% of this related to future production outside of North America and 69.3% represented by metallurgical coal. The second reason this trend is likely to continue comes because of the undeveloped reserves that we have in hand. Certainly, one of the companies most promising investment prospects is the new metallurgical coal mine called Norwich Park in Australia, and we have abundant other coal reserves in the Queensland area that can and should be developed in the future using both surface and underground mining methods. Pursuit of our most promising prospect will make Utah less 12 diversified rather than more diversified and more dependent on Australia for the major share of its' gross profits and its' futures growth. I repeat that this concentration of mining was not in our view in and of itself alarming, but the composition of the mining gross profit and the concentration coking coal produced in a single country, and so primarily is a raw material for the steel industry in Japan and Europe, was too much concentration of risk for our company standing alone to bare. We cannot, and we should not, be so dependent on either a single commodity or single country no matter how solid either or both now appear. The attitude of the Australian government when the Labor Party was in power was a matter of extreme concern to us and this concern was no doubt deepened by having Marcona's assets in Peru expropriated by the government. We have great confidence in the people and political institutions of Australia and in the present government, and we are proceeding to increase our investment there because we have the coal reserves to do so and an attractive investment opportunity. However, with this abiding faith in Australia, in our view, this concentration of earning power in a single country and in a single mineral is too great a risk to be born alone, either by the shareholders of Utah or the employees of Utah whose livelihood while employed or in retirement are necessarily deeply affected by the fortunes of Utah International. This concern about the concentration of Utah's earning power was evidently shared by the investment community, which no longer was willing to assign a price earnings ratio of twenty-six to twenty-seven times earnings that prevailed in 1971, 1972 and 1973, but dropped the ration to 13.9% in 1974 and 13 to 13.3% in 1975. Thus we found ourselves faced with a paradox of having both our earnings and our dividends sharply increasing and the price of our shares flat and failing to respond. Certainly in these circumstances it seems only prudent to seek diversification of this risk. There were two broad courses that could be pursued. The first was to go on an aggressive acquisition program and seek to acquire other companies. This course of action posed considerable peril. First, the magnitude of the assignment was mind boggling, even if we were to attempt to reduce the risk to say roughly 50% and on the assumption that we could acquire other companies at ten times the earnings, we were faced with the necessity of attempting to acquire in short order, assets of around 1.5 billion dollars. Obviously, any effort to do this in the mining field would very quickly bring us under attack from the Federal Trade Commission or the Department of Justice. This in turn meant that we had to seek these investments outside the field of our expertise and in areas of business we knew little or nothing about. We were almost certain to make mistakes along the way. All in all the prospects of trying to diversify by a series of acquisitions seemed an unpromising and even perilous course to follow. The other broad path to diversification was to seek merger with a company already diversified, but the company had to be large enough to digest a 2 billion dollar bite. This narrowed the field. There are indeed companies larger than General Electric, but none so well diversified nor in my view so ably managed. 14 The risks that were of concern to Utah International standing alone were not the least unreasonable to take when the assets of General Electric and Utah were combined. General Electric is one of the largest and most diversified industrial corporations in the world. It is engaged in well over a hundred different businesses and in most of these it occupies a leading position in the market it serves. These businesses range from consumer items to capital goods, from fairly simple and well known technologies to the most advanced technologies required for aerospace and the jet age. While General Electric operates in more foreign countries than does Utah, its' business is far more oriented to the domestic market, and the merged company will be nicely balanced between domestic and foreign operations. There will be no undue concentration of merged company. Out of the merger, the Utah shareholders will in my view be exchanging the prospect of a faster rate of growth with its attendant risks in exchange for greater diversification, higher yield, and a premium on their shares as the other parties to the bargain. The General Electric shareholders will acquire assets with earning power and potential for growth that would indicate an increase in General Electric's earnings per share, entering into the natural resource business giving GE still further diversification and what I believe to be, although my views are obviously biased, the best mining organization and the best mining company in the world, each of the parties to the bargain is benefited. It is the biggest merger ever undertaken and I am confident that history will prove it to have been the best. 15 Before entertaining discussion of the motion that is before us, I would like now to introduce to you the principle officers of the company who are with us today and whose labors are responsible for the record of accomplishments that I have presented to you. First, Edwin C. Demoss, Senior Vice President Manager of Mining Division and newly named President of Lucky Mc Uranium Corporation, Ed Demoss; Keith G. Wallace, Senior Vice President Manager of Australia Division; John S. Anderson, Vice President Manager of Domestic Coal Operations: James T. Curry, Financial Vice President and Treasurer; W. Drew Leonard, Vice President of Corporate Purports and Internal Audit; Ralph J. Long Vice President Manager of Australian Operations; Charles K. McArthur, Vice President Manager of Metal Mining and newly named Manager of Mining Division; Boyd C. Paulson, Vice President Manager of Construction Services; M. Ian Ritchie, Vice President of Technical Services and newly Manager Operations Lucky Mc Uranium Corporation; Robert O. Wheaton, Vice President Manager of Exploration. Thank you. Nor would the list be complete without acknowledging that there are others in the audience that have made great contributions, but who are now retired. Let me ask those that I have spotted here to stand and be recognized: Albert L. Reeves, formerly Senior Vice President Secretary of the Director of the company, Albert; Orville Dykstra, Financial Vice President; Joseph K. Allen, Vice President; Weston Bourret, Vice President; and Charles Travers, Vice President. Thank you very much, and now the chair will entertain the discussion of the motion and will be pleased to answer such questions as we can regarding the purposed merger. Are there questions or discussions? If there is no 16 discussion of the resolution, if not the matter will… the meeting will proceed to vote upon the motion to approve the purposed merger with General Electric. 3: Mr. Chairman? EL: Yes? 3: Would you describe the status of the attitude of the federal government towards this motion? EL: What we did was to put the matter before the Department of Justice and asked in advance for their approval under the business advisory clearance procedure. While it was sometime in coming, it was forthcoming. To meet the concerns they expressed about it, Utah has agreed and has put its uranium assets in a separate subsidiary company that is now called Lucky Mc Uranium Corporation. When the merger becomes effective, the voting stock of that the company will be put in the hands of five independent voting trustees who will see to it that the company will elect the board of that company, and see to it that that company's affairs are conducted in a way that does not help GE in such things as the sale of its nuclear aspects. That company is not allowed to sell uranium to GE, but from the standpoint of the government we think we are completely in the clear. Any other questions? If not, any stockholder who is present who has not executed a proxy should raise his hand in order that the inspectors of election may give him a ballot, which he may now cast. If you have sent in your proxy you need not cast a ballot unless you wish to do so. Are there those that would like to vote in person? One here, one there, Boyd, one up here too. Boyd, 17 there's two in the back of the room, three. Will the inspectors of election proceed to collect the ballots? Those who have ballots would you raise them when they are completed so they can be picked up? Thank you. Over here Boyd. If the ballots are all collected would you please advise us of the inspectors report? Are you ready to speak to that? John, there's another one up here. You will bring them to me and I'll read the numbers, right. BM: Mr. Chairman? EL: Mr. Secretary? BM: The inspectors report that more than 27,147,464 shares of common stock of the company were voted in favor of the resolution and that not more than 200,456 shares of common stock were voted against such resolution. Accordingly, the purpose merger has been approved. When the exact number voted for and against the resolution has been ascertained, the inspectors will execute a certificate setting forth such number. EL: Thank you Mr. Secretary. We have acted on the business that was to come before the meeting. Is there any other business to come before the meeting? CT: Mr. Chairman, I would like to present a resolution at this meeting of these shareholders. My name is Charles Travers, I am a stockholder and I retired from the company. You've heard the view from the top. I think now maybe you ought to get the view from the ranks. The view from the top had to necessarily be 18 austere, maybe Mr. Chairman I can be a little more lighthearted. I started at Utah about twenty-four years ago. Mr. Littlefield hired me. I remembered the office in San Francisco as a very small office, very small and compact and you had to go in the front door, which was the only entryway, and there was a row of offices on your left as you walked in. Those were the executive offices. Mr. Littlefield's office was the first office as you came in the door and he assigned me an office down at a sharp right angle off the main corridor. I also remember as a young fellow reading Horatio Alger's book, Ragged Dick, and in that book the way it said to get ahead in business, one of the ways at least, was to get to the office early and beat the boss in if you could. Well I found that was a very difficult task at Utah. You had to go through the front door and Mr. Littlefield always kept his door open, his light on. The first morning was a Monday morning and I got in about ten minutes ahead of time. I think our starting time was 8:15, but Mr. Littlefield said hello to me as I came in the door. We went on through that week. I got my time narrowed down a little more each day. By Wednesday, I was down to five minutes to 8:00 and on Friday I got there at twenty minutes to 8:00 and Mr. Littlefield said good morning to me every time I came in the door. So that weekend I figured out that there was a better way to do this and I'd get in real early and I'd beat him to the punch. So on Monday morning, I got there twenty-five minutes past 7:00, I walked in the door and the office was dark there was no light on, the door was open and Mr. Littlefield was not there. So I went to my office and at 8:15 I came sauntering down figuring now this is where I get my punch line. He's going to see me going out the door, he's 19 there and I say hello to him this time first. I looked in, the light was on, but Mr. Littlefield wasn't there. So I walked over to his secretary and said, "Where is Mr. Littlefield?" and he said, "Oh, he went to Chicago." [laughter] He left on the seven o'clock train. With all that due diligence I figured we ought to get ahead pretty fast some way or the other. And so I waited for my first year. You had to be in the Utah profit sharing plan one year in order to get your first statement. I waited my first year and I got my first statement. I have it here with me and I'd like to tell you that the date of it is December the 15th 1954. That's exactly twenty-two years ago to this day and here is what it says, extract: "Seasons greetings. Utah Construction Company retirement plan based on profit sharing, December 15, 1954. Dear fellow employee, your account in the retirement plan based on profit sharing on October 31, 1954 stood as follows: balance on October 31, 1953, zero. Added during the year by income, zero. So October 31, 1954, zero. And then it says during 1954, the net profit earned did not reach the levels your profit sharing permits. Your company would be required to make a contribution to the plan." And then it says, "Despite the fact that it is not required to do so, your company through its management is desirous of sharing with you a portion of the profits earned during 1954. To accomplish this, the board has approved a contribution of $50,000." Then it says, "we're going to try to get the IRS approval for that, and if so we will contribute the $50,000 to your fund, but if not we'll have to pay your share in cash. If the amount is received by you in cash, you will have to pay income taxes on it. Your share of the $50,000 contribution would be $201.75." I was beginning 20 to think that Horatio Alger wasn't right after all, $201.75 for getting in all those first eighteen months at 7:30 in the morning didn't seem fair to me, but nobody quit. I didn't, management didn't. About three weeks ago, I received this news release from the company in the mail, it's dated as of December 3, 1976 and here's what it says in the first few lines: "Utah International Inc. reports record earnings for fiscal 1976, San Francisco. E. W. Littlefield, Chairman of the Board, reported today that Utah International earned $178,821,000 or $5.67 per share. This fiscal year ended October 31, 1976." We have come a long way since those days in 1954. But Utah had more than profits. It had the forward look. My view from the ranks runs something like this: Utah's profit sharing and incentive plans were way ahead of their time back in those days. Mr. Littlefield, to my knowledge, had a rare understanding of the corporations standing in the social structure, what the corporation's obligations were to society. Utah's mine lands were restored to better than what nature had them long before that became a primary concern of many people in the United States. Utah's mining operations were conducted on a basis of we'll go sell the merchandise and then we'll get the production and that reduced the risk very greatly. Even today, Utah's section on environment stands out as a very aggressive and important function that helps to finish the project properly in the eyes of the people of this country. Well, I could go on and spend many more minutes saying that, but I think it's time now for me to present my resolution and I would like to do that. Mr. 21 Chairman, I will give you a copy of the resolution so you will have it for the record and I would like to read the resolution. EL: Thank you, Charlie. CT: The resolution says resolve about the stockholders of Utah International Inc., meeting for the last time as public shareholders in San Francisco, California on this 15th day of December 1976, do hereby express their gratitude and sincere appreciation to Edmund W. Littlefield, Chairman of the Board and Chief Executive Officer; Alexander M. Wilson, President and Chief Operating Officer and the Director; Marriner S. Eccles, Honorary Chairman; and to all the officers, directors and employees of Utah International Inc. for their devoted services in behalf of the shareholders. 4: Mr. Chairman, I move the resolution. EL: Thank you, Mr. Travers. I must say Charlie, you always speak well, but you don't speak briefly. [laughter] I think that comes from attending too many meetings of Town Council in Alameda. The motion has been presented to the shareholders, is there a second? Thank you, I must say that those of us at this end of the room, I'm sure have an abiding faith and agreed with its sentiments, but since we do not control the vote. I will put it to vote. All those in favor please say aye. All: Aye 22 EL: Opposed? Thank you. Thank you very, very much. And thank you Charlie. [applause]. There's no other business, the proposed merger has been approved. I thank you. Excuse me. 5: On behalf of all of the stockholders, I wish to thank all of the officers and directors of Utah International for having worked so well for us. I also think at this time, it would be appropriate to bow our heads in silence for one minute in memory of E. O. Wattis who was founder of Utah International and also for all of those who worked and lost their lives to make the company what it is today. Amen. EL: If you would amend that to include all of the founders the chair will entertain it. On the assumption that it is so included, we will so do. Thank you. With the merger approved and not further business, I'll entertain that motion to have the meeting adjourned. 6: I'll back the motion. EL: Thank you, is there a second? 7: Second. EL: All those in favor, please say aye. All: Aye. EL: Opposed? Thank you, the meeting is adjourned. ; This is a myriad of items throughout the UC/UI collection. It includes the minutes of the stockholder's meetings with both Utah International and General Electric, correspondence, a reel-to-reel tape of the merger meeting and the official merger documents. ; 4.25 x 6.5 - 8.5 x 11 in. handwritten or typed on paper ; Reynolds Securities Inc. Transamerica Pyramid 600 Montgomery Street San Francisco, Calif. 94111 Telephone 983-8000 Members New York Stock Exchange, Inc. and other leading exchanges Main Office 120 Broadway New York, N. Y. 10005 December 13, 1976 Mr. Edmund W. Littlefield Utah International 550 California Street San Francisco, Ca. 94104 Dear Ed: I regret that I will be unable to attend the meeting Wednesday because I will be in the East for a Directors meeting. This is an occasion that I hate to miss, but I am sure that many of your other happy stockholders will be there. Sincerely, Gerry Gerald F. Brush GFB: 1c

2012/2013 ; There is an increasingly widespread acknowledgement among all active actors in the development co-operation sector that the Public Private Partnership (PPP) can be a new important tool, not only to build important infrastructure (public works) but also to provide services to the citizens at central and local level as well as to have a strategic value in the Cross-Border Co-operation (CBC) in the next future. The European Commission defines PPPs in a rather broad and general way without giving a proper legal definition of this partnership. For the EU PPP is a form of cooperation between public authorities and economic operators concerning design, funding, execution, renovation or exploitation (operation and maintenance) of public infrastructure, or the provision of public utility service. However, there is not a uniform, common definition of this form of partnership. Considering the present global economic and financial crisis affecting almost all the regions of the world and bearing in mind that the public resources destined on development cooperation are decreasing more and more, building partnerships and synergies between these two ranges of actors is not only a great possibility but a compelling necessity in order to continue to sustain the development cooperation sector. This is also a good chance for both public and private sector, not only to mutually reinforce each other but also to learn lessons and best practices from one another. The PPPs, in fact, if applied correctly, enable a reduction in total costs, better distribution of risks, a more rapid execution of public services and activities, as well as a better quality of offered services and implemented activities. Not to mention the fact that the overcoming of the rigid distinction between public and private opens the possibility to find solutions and to respond to questions that the public administration itself is not able to answer independently. In international cooperation and in particular in the cross-border cooperation, more and more public administrations in beneficiary and donor countries are acknowledging the subsidiary role of civil society and private sector in the activities of general interest, and therefore, also in the delivery of public functions and services. Considering the extensive work experience in the international development cooperation sector with the Italian Ministry of Foreign Affairs and other International Organizations in different areas in the world, i.e. OSCE, believing on the utility and potentiality of this instrument and directly verified that it could be more utilized in the international cooperation, it was decided to analyse the use of PPPs in this sector with a special focus on IPA CBC Programme. In fact, the scope of the dissertation and of the implementation of its conclusions is steaming from the author interest and working ties. Indeed, the author is living and working in Albania and has a huge experience on it due to the fact that she was the Albania Desk Officer for the Italian Development Cooperation for several years. She is also studying the Albanian language and she is very fascinated from the history of this small country so close, not only geographically speaking, to Italy. The focus on Macedonia as neighbour country is due simply to the fact that to collect information on this IPA CBC Programme was easier than others similar financial instruments. Building on extensive field experience, this dissertation will try to answer the following question: 'Which is the winner strategy to increase the effectiveness of the CBC projects through the use of PPP?'. The thesis overall objective is to identify a set of strategies that can enhance the effectiveness of cross-border cooperation through the use of the PPP instrument, beyond specific cross-border project interventions that until now have mainly been carried out though institutional channels and implemented through European projects and programs. The strategies that the conclusion of the dissertation draws are based on the SWOT analysis of five projects funded by the EU through the IPA CBC Albania – Macedonia during the 2007-2013 programming period and the consequent elaboration of the results. These strategies would hence open up new possibilities for the development of CBC's activities applicable in the ambit of the EU's regional policy 2014-2020, without necessarily relying upon more EU financial means. This is also in line, with the EU auspices for the CBC not to be just another way to access funding but rather to become a model of cross-border cooperation sustainable on its own devise. The dissertation is based on collection and analysis of data available within the existing legal-institutional framework and will make use of the investigative qualitative method with the aim of verifying the hypothesis mentioned above. The thesis envisages a number of working phases chronologically distinct and mutually supportive and it is based on the utilisation of a number of diverse theoretic constructs and methodologies. The dissertation makes use of different sources such as for instance existing literature, statistics, on line documentation available and its content is conducted on the various official documents and projects documentation obtainable. The results are cross referenced and presented based on a SWOT analysis and process of data/results interpretation. As far as the structure of the work is concerned, the first Chapter, after an analysis of the theoretical tools supporting PPP, presents a background and an overview of the PPP in Europe, and the way it is applied in the context of international cooperation and cross-border cooperation; this is to understand how it was established and what its original objectives were, and to explain its evolution up to now. In particular, the chapter after shows that PPP was born in '30s mostly linked to the energetic and mining sectors, it presents that PPPs are growing and are seen as an important instrument of economic and social development also in the international and cross-border cooperation. It is seen that an instrument which opens the way to potential PPPs is the Inter-Municipal Cooperation Instrument (IMC) which permits to bridge the gaps in the municipalities and make them stronger also in applying to donor funds. Through this instrument established by the Council of Europe (CoE) the municipalities can also sub-contract a private company or creating an IMC entity constitutes a viable market attracting private investors. PPP is also encouraged by United Nations (UN) since 1999 through the 'Global Compact' project and different are the example of PPP around the world established by various UN Agencies. It can be affirmed that PPP is considered useful in the public sector also because can contribute in solving difficulties caused from public balance cuts as well as to overcome the bureaucratic and the scarcity of technical and management competencies of the public administration. The PPP is therefore an actual, innovative and complementary instrument to promote development, reforms as well as investments, policies and good practises in different sectors including the development cooperation also at trans-border level. Therefore, thanks to PPP it can be affirmed that the private sector also has become at all its effects a privileged actor of the international development cooperation. The second Chapter of the dissertation analyses the European Policies interconnecting PPP and their related instruments, as well as more in detail how these policies have applied PPPs in the cross-border cooperation as well as how CBC became more explicit in the EU context and in particular in the context of the stabilisation and association processes. In fact, starting from the 1950 Schuman Declaration, the chapter introduces the founding EEC Treaty, examines the Single European Act and analyses the European Cohesion Policy (or Regional Policy). In addition the chapter views the European Enlargement Policy (Pre-accession Policy) analysing the three membership criteria established during the Copenhagen European Council in 1993, the various stages of the membership process and the reasons for further enlargement taking into consideration the historic enlargement of 2004, the different strategic objectives involved in it and its new approach in view of the so-called Arab Spring. In addition, the chapter analyses the European Neighbourhood Policy (Proximity Policy) as well as its related instruments, with regard to both its partner countries and candidate states. Moreover the chapter identifies the possibilities of PPP within the EU's financial instruments that are currently being concluded. Even where those policies do not provide explicitly the adoption of PPP instrument, it is however not excluded. This means that the policies at issue give valuable support to the adoption and use of PPP. The dissertation is interested in to give evidence of the strong points of PPP application, and shows that, when there is a lack of applied PPP framework, as it is the case of the country cases (Albania and Macedonia) under analysed, the CBC component of IPA programme may be due not to give envisaged results to achieve the objectives. After having looked into the European policies intersecting PPPs and CBC, the third Chapter introduces a brief analysis of the concept of border, not only in the physical administrative sense, due to the fact that this concept is a key element to understand the cross-border co-operation processes existing in the EU and in general all over the world. With this aim in mind, after studying the main theoretical approaches on this domain, the analysis focuses on the cross-border co-operation not only in its theoretical dimension but also in its deriving pragmatic aspects. The analysis of the border concept and of the border and peripheral area, as well as the general theory of the system applied to the general theory of boundaries, is essential to anticipate the concept of the cross-border cooperation and its practical application. After this analysis, the chapter describes the legal institutional framework in order to analyse the effectiveness of the various legal instruments that have been put in place to encourage and facilitate forms of cooperative engagement across borders. Starting with the European Outline Convention of Transfrontier Co-operation between territorial communities or authorities (Madrid Convention 1980), a central instrument for the CBC that was born in the frame of CoE, the chapter introduces the three protocols of the Madrid Convention. The additional Protocol essentially gives the possibility to create an organism for cross-border cooperation; the second Protocol (no 2) provides above all a legal framework for the inter-territorial cooperation between the parties; and the third Protocol (no 3) concerns the possibility of forming the ECG by creating the legal status, the institution and the functioning of such Groups. In addition, in view of how cross-border cooperation has acquired more importance through time, the chapter explains the functioning of European Grouping of Territorial Cooperation (EGTC) institution, its modality of action and its fields of applications. The EGTC has come to be a new legal/financial instrument that integrates the Madrid Convention and the relevant Protocols. The chapter also touches upon the various aspects of cross-border co-operation and in particular some milestones from the EU experiences, and presents the European Macro-Regional Strategy and its related legislative framework as an example. In addition the chapter shows the Baltic, the Danube and the Adriatic – Ionian Macro-Region and describes the main differences between EGTs and Macro- Regions. In addition, the chapter considers appropriate to present the steps that have been taken from the EU with regard to the cross-border cooperation which, more particularly, have consisted of making available important financial instruments such as INTERREG that supports from the top to the bottom the Strategy of Macro-Regions. Following the fourth Chapter describes the 2014-2020 EU's Regional Policy as the context of application of the PPP and its change with respect to the 2007-2013 EU's Regional Policy. In particular after introducing the EU programming period 2007-2013 and the changes intervened in the following programming period also having a political/historical nature like the Arab spring and the interests to further develop economic interactions between the EU and the Middle Eastern partners, the chapter analyses the useful instruments for the realization of the cross-border cooperation; especially the European Regional Development Found (ERDF). In addition, this chapter, will identify the possibilities of PPP within the financial instruments that are about to be activated in the new European Programming Cycle. To this regard it is important to mention that, in general, all the EU policies must contribute to the implementation of the Europe 2020 Strategy that in order to fulfil its ambitious objectives identified as key instrument the instrument of partnership, among which that with the private sector. Here it is worth to emphasize that, generally, the overall objectives of the regional policy, both at national and European level, are all of an economic nature, i.e. increasing the national economy by attenuating and eliminating economic disparities between different development levels of the regions. In particular, the European Policies aim to improve the investment climate through public investment in the regions presenting some gaps and to manage the local regional resources in a more efficient way. The dissertation shows how in both cases, PPPs can help in the achievement of these important aims. In addition, the chapter observes that there are changes in various aspects and procedures of the implementation of the new regional policy as well as in the legal frame, and examines the IPA instrument and the ENPI instrument in the two seven-years programming periods because they are closely related to the European Territorial Cooperation (ETC). Between this two latter instruments IPA is a more relevant for this dissertation. For this reason, after on overview of the Albanian context considering some economic, demographic, social and political aspects, including the criteria Albania has to fulfil to receive the candidate status from the EU as well as a brief introduction to the Albanian Law on PPP, the fifth Chapter presents its relations in the region, especially with the Former Yugoslav Republic of Macedonia (FYROM) and stresses the IPA CBC Albania – FYROM related to 2007-2013 and 2014-2020 programming periods. In addition, the chapter presents the main differences between these two programming periods focussing mainly on the Albanian part. With the aim to focus on the Albanian opportunities in the new programming period, it will be stressed what will change in the next future and which are the positive effects on PPP considering also the concept of Social Corporate Responsibility and the UN Global Compact initiative already mentioned in the first Chapter. All this to introduce the last Chapter which, through the analysis of the methodologies used during the various phases of this work, and especially through the explanation of the SWOT analysis, aims to identify a set of winning strategies to increase the effectiveness of the Cross-border cooperation through the use of the PPP instrument. The first part of the dissertation made use of several documentary sources, most notably and especially in the early stage the work will carry out what it is commonly defined as a secondary analysis, in particular this was articulated through: collection and review of existing literature and of the official documentation and statistics available mainly on-line but also with the Albanian Ministries and national institutes, i.e. the Albanian National Institute of Statistics, as well as with the various donors and international organisation in the Country, and especially with the Delegation of the European Commission to Albania. Instead, the second part of the dissertation focuses on the analysis of the IPA CBC program in general, and IPA CBC Albania - Macedonia in particular. To this end it was decided to proceed with the analysis of specific projects activated in the context of this program to highlight the role of actual or potential PPP projects in developing virtuous CBC. Although the PPP is not explicitly defined among the tools used in the implementation of these projects, it was decided to identify the prodromal factors present in some PPP projects with the end purpose of assessing their potentials, especially in view of the next programming period of the EU (2014-2020). The detailed information on the projects carried out or that are in progress are not publicly available as they are under the 'ownership' of the Delegation of the European Commission in Albania and of the Managing Authority of the program. In order to collect the necessary materials to identify the most relevant projects and, subsequently, to proceed to their analysis, it has proved necessary to proceed through in-depth interviews with qualified actors. Given that, interviews have been conducted with interlocutors, mainly from the European Commission in Albania, the Albanian Ministry of Integration and of Austrian Cooperation. Through these interviews, specific information relating to five concluded projects, in which the instrument of the PPP was present at least in embryonic form, has been added to the data relating to the context and to the program. The information gathered has been structured so as to proceed to a qualitative analysis of the data through the development of a SWOT analysis of these five projects funded by the IPA CBC Albania - FYROM - First Call for Project Proposals. Finally, this work presents the results of this analysis through a process of data interpretation. After this presentation, and before starting the SWOT analysis, the chapter presents the Annual Work Programme for Grants 2009 of the DG Enlargement related to the first Call for Proposals and the Guidelines related to the CBC Programme Albania - FYROM which aims is to facilitate the cooperation between the two countries to improve living conditions in the target area. The Programme in fact, already mentioned in the fifth Chapter, it aims to fostering cross-border economic, environmental and social development and includes three different measures and for each measure a list of potential activities for projects. Furthermore, the chapter analyses - through the SWOT analysis above mentioned - five projects funded by the EU within the IPA I CBC Albania – FYROM first call. In particular, in this dissertation, the SWOT analysis is the tool to identify the strengths (S), weakness (W), opportunities (O) and threats (T) that characterize projects which are analysed in relation to PPPs. In other words, it seeks to identify the strengths and internal resources of projects capably to push the development of PPPs (strengths), as well as the internal project limitations and weaknesses that impede PPP development in the relevant area (weaknesses), the external project opportunities that can be developed to overcome identified weaknesses (opportunities) and external factors that may hamper the future development of PPPs (threats). Considering that there is no project where the applicant is a PPP, although an analysis of the guidelines of the Call for Proposals relative to IPA Albania - FYROM CBC Programme found an explicit reference to PPPs, it has been choose to make a screening of projects in which the instrument of the PPP was present at least in embryonic form, in other words having the private sector as a direct or indirect beneficiary. As already mentioned, Macedonia was chosen as an example because of the availability of information related to projects. So, on these terms, 5 projects were selected out of 15 under review. The projects are the following: • Cross-border shared integrated alternative tourism, • Business without borders, • Cross-border Civil Society Forum, • Promoting business women enterprises in the cross-border area, • Borders without boundaries. The dimensions chosen for the analysis are: • related to the internal context to identify strengths and weaknesses: objectives, actors and target, • related to the external context to identify opportunities and threats: actors, target and expected results. After the SWOT analysis, the chapter finally presents the key results of the dissertation proposing some possible actions that could improve the CBC through the use of the PPP emerged from the initiatives analysed. The conclusion reviews the major points of the dissertation showing the main results such as the strategies, which may result from the conclusions, thus potentially establishing an alternative approach aiming at opening up new possibilities for the development of better, more effective and sustainable CBC project/programs/activities, without necessarily relying upon more EU funds. For what above mentioned and to answer to the question 'Which are the winner strategies to increase the effectiveness of the CBC projects through the use of PPP?', it is possible to affirm that to present more successful projects in the future increasing the effectiveness of the CBC projects through the use of PPP, the development strategies are essentially the enhancement strategy and the overcoming strategy. In particular, to reinforce the internal and external positive aspects and factors in the cross border area and to mitigate and/or dissipate internal negatives as well as to attenuate the external ones, the recommended actions referred to the public and private sectors are: • to organize jointly regular meetings in which they can know each-other, exchange information and best practices in either of the neighbouring countries, so that there can be discussions on the potentials of development and the new economic undertakings and new instruments to be employed, such as the PPP. Tourism can serve as a pilot sector in which it can be started with the actualization of gender policies facilitating in some way the inclusion of women in business activities, • jointly organize awareness campaigns on PPPs and training courses, which could serve to overcome the lack of ability to establish efficient PPPs for both public and private sector, • to organize, for the numerous actors present in the territory, specific courses and/or informative events related to the revision processes of normative policies that could facilitate and reinforce both the cooperation between different stakeholders and the capacity of doing business and create PPPs, • to enhance the existing networks and creates new ones through continuous meetings between different stakeholders with the aim of overcoming the threats considering that the improved and expanded relations between the various actors could bring an improvement in raising needed funds. Finally, it is important to mention that there are also some actions recommended only to the public sector. These are: • (especially at local level) institutions such as the municipalities can organize meetings, inviting the traditional and non-traditional private actors, in order to facilitate communication. Through this communication there could be achieved the introduction between various stakeholders interested in the PPP instrument, by at the same time laying the basis for the foundation of a network. This would be useful for increasing the credibility of each other and also to contributing to the overcoming of the lack of cooperation problem. These meetings could be used for an exchange of best practices in the sectors that are present in the certain areas. By employing a participatory methodology, these meetings could also serve to the construction of a sort of roadmap (lines of action during a defined time) that could enable the definition of the obstacles to be overcome in order to effectively and efficiently realize this type of partnership, • the authorities should first change their national optics and then transform their national policies into regional ones, starting from the cross-border policies with neighbouring countries, in which PPP should be promoted as a development instrument. In addition, when necessary, they should review the legal framework in order to facilitate the establishment of PPP. After this, they should organize meetings between the different stakeholders, and more generally between citizens living in the border areas of the neighbouring countries, with the end objective of promoting the necessary knowledge for overcoming the prejudices and for opening way to partnerships and cooperation activities, • to implement policies for purposes of facilitating investments in diversified sectors, taking an advantage of the actors from different sectors and directing them to training courses to gain knowledge in areas of investment that are different from their traditional ones. ; Vi è un riconoscimento sempre più diffuso tra tutti gli attori attivi nel settore della cooperazione allo sviluppo che il partenariato pubblico privato (PPP) può essere un importante nuovo strumento, non solo per costruire grandi infrastrutture (quindi per il settore dei lavori pubblici), ma anche per offrire servizi ai cittadini sia a livello centrale, sia locale e avere, in un prossimo futuro, un valore strategico nella cooperazione transfrontaliera (CBC). E' stato visto come la Commissione Europea definisca il PPP in un modo piuttosto ampio e generico, senza dare una definizione giuridica adeguata di questo partenariato. Infatti, per l'Unione Europea il PPP è una forma di cooperazione tra le autorità pubbliche e gli operatori economici riguardante la progettazione, il finanziamento, la realizzazione, il rinnovamento o lo sfruttamento (funzionamento e manutenzione) delle infrastrutture pubbliche, così come la fornitura di un servizio di pubblica utilità (CIT). Tuttavia, non vi è un'uniforme, comune definizione di questa forma di partenariato. Considerando che l'attuale crisi economica e finanziaria globale ha colpito quasi tutte le regioni del mondo e tenendo presente che le risorse pubbliche stanno diminuendo sempre più, tra cui soprattutto quelle destinate alla cooperazione allo sviluppo, costruire partenariati e sinergie tra il settore pubblico e privato non è solo una grande possibilità ma una necessità che diventa impellente se si vuole continuare a sostenere gli interventi di cooperazione. Inoltre, questo tipo di partenariato è una buona occasione per entrambi i settori in quanto aiuta non solo a rafforzare i rapporti reciproci, ma anche a scambiare le reciproche esperienze e le migliori pratiche. Si è visto come se applicato correttamente, il PPP consenta una riduzione dei costi totali, una migliore distribuzione dei rischi, un'esecuzione più rapida dei servizi e delle attività pubbliche, nonché una migliore qualità dei servizi offerti e delle attività prodotte. Senza contare che il superamento della rigida distinzione tra pubblico e privato apre la possibilità di trovare soluzioni e di rispondere alle domande a cui la pubblica amministrazione non è in grado di rispondere autonomamente. Si sottolinea come nella cooperazione internazionale ed in particolare nella cooperazione transfrontaliera, sempre più spesso le amministrazioni locali dei paesi beneficiari e donatori stiano riconoscendo il ruolo sussidiario della società civile e del settore privato nelle attività d'interesse generale e quindi anche nell'erogazione di servizi e funzioni pubbliche. Considerando la vasta esperienza di lavoro nel settore della cooperazione allo sviluppo con il Ministero degli Affari Esteri italiano in diverse aree del mondo così come con altre organizzazioni internazionali, da ultimo con l'Organizzazione per la Sicurezza e Cooperazione in Europa (OSCE), credendo sull'utilità e le potenzialità dello strumento del PPP e verificato direttamente che potrebbe essere utilizzato maggiormente nella cooperazione internazionale, l'autore ha deciso di analizzare l'uso di tale partenariato in questo settore focalizzandosi in particolare sul programma IPA I CBC Albania - Macedonia. Infatti, lo scopo di questa tesi e della potenziale applicazione delle sue conclusioni deriva dall'interesse personale e dall'attività lavorativa dell'autore. Infatti, vive e lavora in Albania e ha una grande esperienza del paese perché è stato per diversi anni responsabile per la Cooperazione Italiana dei progetti che questa ha realizzato nello stesso. Inoltre, sta anche studiando la lingua albanese ed è molto affascinato dalla storia di questo piccolo paese così vicino all'Italia, non solo geograficamente parlando. L'attenzione per la Macedonia come paese confinante, invece, è dovuta semplicemente al fatto che è stato più facile reperire informazioni sul programma IPA I CBC Albania - Macedonia rispetto agli strumenti finanziari simili. Sulla base di una ricca esperienza sul campo, questa tesi cercherà di rispondere alla seguente domanda: "Quali sono le strategie vincenti per aumentare l'efficacia dei progetti di cooperazione transfrontaliera attraverso l'uso del PPP?". L'obiettivo generale della tesi è di individuare, infatti, le strategie che possono migliorare l'efficacia della cooperazione transfrontaliera attraverso l'uso di tale partenariato, al di là di specifici interventi che fino ad ora sono stati principalmente effettuati attraverso canali istituzionali e attuati attraverso progetti e programmi europei. Le strategie che la conclusione della tesi identifica si basano sull'analisi SWOT di cinque progetti e la conseguente elaborazione dei dati/risultati. Questi cinque progetti sono stati selezionati tra quelli finanziati dall'UE tramite l'IPA I CBC Albania/Macedonia durante il periodo di programmazione 2007 - 2013, in quanto presentanti il PPP almeno in fase embrionale. Tali strategie potrebbero aprire nuove possibilità per lo sviluppo di attività di CBC applicabili nell'ambito della politica regionale 2014 - 2020 dell'Unione Europea, senza necessariamente fare affidamento su ulteriori mezzi finanziari della stessa. Questo è anche in linea con gli auspici dell'UE che crede che la CBC non sia solo un altro modo per accedere ai finanziamenti, ma possa piuttosto diventare un modello di cooperazione sostenibile di per sé. La tesi si basa sulla raccolta e l'analisi dei dati disponibili nell'ambito del quadro giuridico-istituzionale esistente e fa uso del metodo qualitativo di ricerca con l'obiettivo di verificare l'ipotesi di cui sopra. La tesi prevede una serie di fasi di lavoro cronologicamente distinte e reciprocamente sostenibili e si basa sull'utilizzo di diversi costrutti teorici e varie metodologie avvalendosi di diverse fonti come ad esempio la letteratura esistente, le statistiche effettuate e più in generale la documentazione disponibile soprattutto in internet. Il suo contenuto deriva quindi dal reperimento e dall'analisi di varia documentazione ufficiale e di cinque documenti progettuali, così come verrà maggiormente esplicato qui di seguito. Seguendo la struttura della tesi, si può affermare che il primo capitolo presenta il quadro normativo e finanziario dei PPP in Europa, così come il modo in cui questo strumento viene utilizzato nel contesto della cooperazione internazionale e della cooperazione transfrontaliera, al fine di comprendere quando è nato questo tipo di partenariato e quali siano i suoi obiettivi e le evoluzioni che ha avuto fino ad oggi. Nello specifico, il capitolo mostra come il PPP sia nato negli anni '30 soprattutto collegato al settore energetico e minerario e come, pur non avendo ancora una comune definizione a livello europeo, oggi sia in crescita e venga visto come un importante strumento di sviluppo economico e sociale anche nel settore della cooperazione internazionale e transfrontaliera. Il capitolo, inoltre, presenta la cooperazione inter-municipale (IMC) come uno strumento che può aprire buone potenzialità all'applicazione del PPP in quanto permette di colmare le deficienze delle municipalità. Attraverso questo strumento, stabilito in seno al Consiglio d'Europa (CoE), le municipalità possono infatti anche sub-contrattare imprese private o creare un'entità nuova (IMC) per poter attrarre investitori e donatori. Il capitolo inoltre mostra come lo strumento del PPP venga incoraggiato anche dalle Nazioni Unite (UN) fin dal 1999 - anno in cui viene creato il progetto 'Global Compact' - e come vi siano diversi esempi di PPP nel mondo realizzati da Agenzie UN. E' importante sottolineare che il PPP è considerato utile dal settore pubblico anche perché può contribuire a risolvere difficoltà causate dai tagli di bilancio così come dalla burocrazia e dall'insufficiente capacità tecnica e manageriale che spesso caratterizza la pubblica amministrazione. Il PPP è quindi uno strumento attuale, innovativo e anche complementare capace di promuovere sviluppo, riforme ed investimenti oltre a promuovere politiche e buone pratiche in diversi settori tra cui quello della cooperazione allo sviluppo anche a livello transfrontaliero. Grazie al PPP si può quindi affermare che il settore privato è diventato a tutti gli effetti un attore privilegiato della cooperazione allo sviluppo internazionale. Il secondo capitolo della tesi analizza le politiche dell'Unione Europea e i relativi strumenti che presentano una connessione con i PPP. Più nel dettaglio, viene visto come attraverso queste politiche sia stato applicato il partenariato in parola nella cooperazione transfrontaliera e come la stessa sia divenuta più esplicita a livello europeo, soprattutto nel contesto del processo di stabilizzazione ed associazione. Infatti, partendo dalla Dichiarazione di Schumann del 1950, il capitolo introduce il Trattato istitutivo della CEE del 1957, esamina l'Atto Unico Europeo, per poi prendere in considerazione la politica di coesione o regionale. Proseguendo, il capitolo analizza la politica di allargamento o pre-accessione inclusi i tre criteri necessari per l'adesione stabiliti durante il Consiglio Europeo di Copenaghen nel 1993, i vari stadi del processo di adesione e le ragioni per cui l'Unione Europea promuove l'allargamento, considerando le diverse tappe di tale processo tra cui quella storica del 2004 e le sue prossime sfide. Dopo aver inoltre analizzato il quadro delle negoziazioni e gli strumenti previsti in ambito della strategia di pre-adesione, si è finito per affrontare la politica di vicinato o prossimità prendendo in analisi i suoi relativi strumenti, i suoi diversi obiettivi strategici e il suo nuovo approccio in seguito alla primavera araba. Dopo aver identificato come queste politiche presentino un'intersezione con la cooperazione transfrontaliera, è stata analizzata la loro intersezione con il PPP con il risultato di sottolineare che anche laddove tali politiche non prevedono esplicitamente il ricorso a questo tipo di partenariato, non lo escludono. Questo significa quindi che esse forniscono validi supporti all'uso di tale strumento, elemento importante per la tesi che è infatti volta a mettere in evidenza i punti di forza di tali politiche per l'applicazione dei PPP e a mostrare al contempo che vi è una mancanza applicazione degli stessi. Questo verrà evidenziato nel corso della tesi dal caso preso in esame di IPA I CBC Albania - Macedonia. Il terzo capitolo presenta come prima cosa il concetto di confine. E' importante sottolineare come questo concetto viene esplicitato non solo da un punto di vista fisico-amministrativo ma in un senso più ampio, tenendo conto di come il concetto di confine sia un elemento chiave per capire la cooperazione transfrontaliera. Infatti, è solo partendo dall'analisi di questo concetto e da questo a quello di frontiera e area periferica, passando anche alla teoria generale dei sistemi applicata alla teoria generale dei confini, che si può pervenire alla nascita del concetto di cooperazione transfrontaliera e della sua applicazione pratica. Per tale motivo si è ritenuto necessario esplicare i concetti sopra menzionati secondo le definizioni di vari studiosi di varie discipline, per poi presentare i principali strumenti legali che regolano e facilitano la cooperazione transfrontaliera a livello europeo così come i meccanismi ad hoc che la implementano. Si è partiti da quelli nati in seno al CoE e precisamente dalla Convenzione di Madrid del 1980, strumento quadro per il tipo di cooperazione oggetto di questa tesi in quanto introduce per la prima volta la possibilità di cooperare e concludere accordi ad enti di Paesi contigui geograficamente. Vengono poi presentati i suoi 3 Protocolli: il Protocollo aggiuntivo, che dà essenzialmente la possibilità di creare un organismo di cooperazione transfrontaliera ad essa preposto, il secondo Protocollo che fissa soprattutto un quadro giuridico della cooperazione interterritoriale tra le parti e il terzo Protocollo che concerne la possibilità di istituire i Gruppi Europei di Cooperazione (GEC) dotati di personalità giuridica. Inoltre, a dimostrazione di come la cooperazione transfrontaliera nel tempo abbia acquistato sempre più importanza, si è ritenuto opportuno illustrare l'istituzione dei Gruppi Europei di Cooperazione Territoriale (GECT), le loro modalità di azione e i loro ambiti di applicazione. Tali Gruppi, che si rivelano quindi essere un nuovo strumento giuridico/finanziario che integra la Convenzione di Madrid ed i relativi Protocolli, sono stati creati al fine di facilitare la cooperazione transfrontaliera e superare gli ostacoli incontrati fino ad allora. Il capitolo continua focalizzandosi sui passi compiuti dall'UE in relazione a questo tipo di cooperazione che in particolare consistono nella messa a disposizione di importanti strumenti finanziari quali per esempio INTERREG. Il terzo capitolo si conclude quindi affrontando anche la Strategia delle Macroregioni che, pur non avendo una loro definizione ufficiale in ambito europeo, forse anche a causa della loro recente istituzione e pratica, si dimostra essere veramente utile nel contribuire a realizzare la politica di coesione e più nello specifico il suo obiettivo n. 3 (Cooperazione Territoriale Europea). Considerando che all'interno di questa politica vi è una programmazione settennale, nel quarto capitolo vengono presentate sia quella appena terminata 2007-2013, sia la nuova 2014 - 2020 per verificarne i cambiamenti nel contesto di applicazione dei PPP. Viene infatti introdotta la programmazione dell'UE 2007-2013 per comprendere maggiormente cosa sarebbe cambiato nel settennio successivo, anche a causa di avvenimenti storico/politici avvenuti durante gli ultimi anni come la cosiddetta primavera araba e l'interesse a sviluppare maggiormente l'integrazione economica tra l'Unione Europea e i partner orientali. Si prosegue con l'analisi più dettagliata degli strumenti utili per la realizzazione della cooperazione transfrontaliera (CBC) nel nuovo settennato e le possibilità di applicazione del PPP all'interno di questi. A tale riguardo è importante sottolineare come in generale tutte le politiche europee, tra cui quella regionale ha un ruolo centrale, dovrebbero contribuire al raggiungimento degli obiettivi della Strategia Europa 2020. Si sottolinea come questa strategia, che ha portato alla definizione della nuova programmazione 2014-2020, sia molto ambiziosa e abbia individuato come uno degli strumenti chiave per la sua realizzazione quello del partenariato, tra cui anche il partenariato con il settore privato. Qui è importante evidenziare che gli obiettivi generali della politica regionale, sia a livello europeo, sia a livello nazionale, sono principalmente di natura socio-economica per es. orientati ad attenuare le disparità esistenti tra regioni aventi diverso livello di sviluppo. In particolare, le politiche europee hanno l'obiettivo di migliorare l'ambiente/contesto per attrarre investimenti al fine di incrementare investimenti in lavori pubblici nelle regioni che presentano maggiori necessità e migliorare la gestione delle risorse regionali locali in maniera più efficiente ed efficace. La tesi mostra come in entrambi i casi, lo strumento del PPP può essere di aiuto nel raggiungere questi importanti obiettivi. Inoltre, il capitolo in parola, dopo aver osservato che nella nuova programmazione settennale vi sono diversi cambiamenti dovuti al nuovo quadro legislativo e alle nuove modalità di attuazione della nuova politica regionale, esamina i due strumenti collegati alla CTE, IPA ed ENPI, nei due settenni di programmazione sopra menzionati. Il quinto capitolo invece, dopo una presentazione generale del contesto Albanese che prende in considerazione alcuni aspetti economici, demografici, sociali e politici del paese, includendo anche i criteri che questo deve soddisfare per poter ricevere lo status di candidato dall'Unione Europea, presenta brevemente la legge albanese sui PPP. In seguito, descrive le relazioni tra l'Albania e la Macedonia e il relativo Programma IPA CBC in relazione ai due periodi di programmazione suddetti 2007 - 2013 e 2014 - 2020 per presentarne le principali differenze. Concentrandosi sulle opportunità che l'Albania potrà avere nel prossimo futuro, viene sottolineato cosa cambia nel nuovo periodo di programmazione e con quali effetti positivi sul PPP, tenendo in considerazione anche il concetto di Responsabilità Sociale e l'iniziativa 'Global Compact' delle Nazioni Unite già menzionata precedentemente. Tutto questo per introdurre l'ultimo capitolo che, attraverso un'analisi della metodologia usata nelle varie fasi di preparazione della presente tesi, tra cui la SWOT analisi, identifica le strategie considerate vincenti per accrescere e migliorare l'efficacia della cooperazione transfrontaliera attraverso l'uso dello strumento di PPP. Nello specifico, la prima parte della tesi si è avvalsa di diverse fonti documentarie. Specialmente nella sua fase di inizio, il lavoro è stato definito attraverso ciò che è comunemente chiamata 'analisi secondaria'. E' stata effettuata infatti la ricerca e analisi della letteratura esistente e della documentazione ufficiale disponibile on-line e nei Ministeri albanesi così come nell'Istituto Nazionale di Statistica albanese. E' stata inoltre reperita e analizzata la documentazione in possesso di diversi donatori e organismi internazionali presenti nel paese e in particolare della Delegazione della Commissione Europea in Albania. La seconda parte della tesi si è concentrata sull'analisi del programma IPA CBC in generale ed IPA CBC Albania - Macedonia in particolare. A tal fine si è voluto procedere con l'analisi di progetti specifici attivati e conclusi nel contesto di tale programma per evidenziare il ruolo effettivo o potenziale del PPP nello sviluppo virtuoso di progetti di CBC. Sebbene il PPP non venga esplicitamente definito tra gli strumenti utilizzati nell'attuazione di queste iniziative, si è scelto di individuare i fattori prodromici del PPP presenti in alcuni progetti al fine di valutarne le potenzialità soprattutto nell'ottica del prossimo periodo di programmazione europea (2014-2020). Le informazioni dettagliate relative ai progetti realizzati o in fieri non sono pubblicamente disponibili essendo 'proprietà' della Delegazione della Commissione Europea in Albania e dell'Autorità di Gestione del programma. Per raccogliere dunque il materiale necessario ad identificare i progetti più rilevanti e, successivamente, a procedere alla loro analisi si è dimostrato necessario procedere attraverso interviste in profondità con attori qualificati. Sono state così condotte interviste con interlocutori principalmente della Delegazione della Commissione Europea in Albania, del Ministero dell'Integrazione albanese e della Cooperazione Austriaca. Attraverso queste interviste, ai dati relativi al contesto ed al programma si sono quindi aggiunte informazioni specifiche relative a cinque progetti in cui lo strumento del PPP fosse presente almeno in forma embrionale. Le informazioni raccolte sono state strutturate in modo da procedere ad un'analisi qualitativa e ad un incrocio dei dati attraverso lo sviluppo di una SWOT analisi dei suddetti cinque progetti finanziati da IPA I CBC Albania - Macedonia al fine di presentare i risultati di tale analisi attraverso un processo di interpretazione dei dati. Prima di iniziare la SWOT analisi, il capitolo presenta anche il programma annuale per i fondi 2009 della Direzione Generale Allargamento dell'Unione Europea che specifica anche gli obiettivi della CBC tra i due paesi presi in esame che consistono essenzialmente nella promozione dell'economia transfrontaliera e dello sviluppo sociale e ambientale. Il quinto capitolo, così come sopra detto, analizza quindi attraverso una SWOT analisi, cinque progetti finanziati dall'UE all'interno del programma IPA I CBC Albania - Macedonia primo bando. In particolare, in questa tesi, la SWOT analisi, è lo strumento che permette di identificare i punti di forza (S), di debolezza (W), di opportunità (O) e di minacce (T) che caratterizzano i progetti che verranno analizzati in relazione al PPP. In altre parole quali sono i punti forza/risorse interne ai progetti che possono favorire lo sviluppo di tale partenariato e quali le loro limitazioni/punti di debolezza che lo possono ostacolare, così come le opportunità/fattori positivi esterni al progetto che possono, del caso, essere sviluppati per superare i punti di debolezza individuati e quali le minacce/fattori negativi esterni che derivano dal contesto locale e che impediscono lo sviluppo del PPP nell'area di interesse. Basandosi sulle informazioni ottenute non essendoci progetti in cui i candidati sono formati da un PPP, anche se da un'analisi delle linee guida del bando ('Call for Proposal') relative al Programma IPA I CBC Albania - Macedonia primo bando, è stato rilevato che non vi è un riferimento esplicito a questi, è stato scelto di fare uno screening dei progetti verificando quelli che nel loro interno presentavano almeno come beneficiari diretti e/o indiretti il settore privato. Così come sopra illustrato, tra i paesi confinanti l'Albania è stata scelta la Macedonia a titolo esemplificativo. Tra i 15 progetti presi in considerazione, i 5 progetti selezionati sono: 1. 'Cross-border shared integrated alternative tourism' (Turismo transfrontaliero alternativo integrato e condiviso), 2. 'Business without borders' (Impresa senza confini), 3. 'Cross-border Civil Society Forum' (Forum transfrontaliero della società civile), 4. 'Promoting business women enterprises in the cross border area' (Promozione dell'impresa femminile nell'area transfrontaliera), 5. 'Borders without boundaries' (Confini senza limiti). Queste le dimensioni scelte e di volta in volta da verificare per ogni progetto selezionato: • relativamente al contesto interno, al fine di identificare i punti di forza e di debolezza, sono obiettivi, attori e beneficiari, • relativamente al contesto esterno, al fine di identificare le opportunità e le minacce, sono attori, beneficiari e risultati attesi. Dopo la SWOT analisi, il capitolo da ultimo presenta i risultati chiave della tesi proponendo le strategie che potrebbero migliorare la cooperazione transfrontaliera attraverso l'uso del PPP. Le considerazioni conclusive della tesi riprenderanno tali strategie ripercorrendo inoltre i punti principali del lavoro svolto. Per rispondere alla domanda che sottende questa tesi, le strategie identificate come approcci alternativi che si possono applicare al fine di consentire ai programmi/progetti di cooperazione transfrontaliera di essere sviluppati in misura maggiore e in maniera più sostenibile, efficace ed efficiente utilizzando lo strumento del PPP e senza usare necessariamente ulteriori strumenti finanziari europei sono quelle cosiddette del 'rafforzamento' e del 'superamento'. In particolare, per rafforzare gli aspetti e i fattori positivi nell'area transfrontaliera e per mitigare e/o dissipare quelli negativi emersi dall'analisi effettuata, le azioni raccomandate sia al settore pubblico, sia al settore privato, possono essere così riassunte: • organizzare congiuntamente degli incontri regolari nei quali i diversi attori possano conoscersi meglio reciprocamente così come scambiare informazioni e migliori pratiche relativamente ai paesi vicini in modo che la discussione possa vertere man mano sul potenziale sviluppo in particolare dell'economia attraverso l'impiego di nuovi strumenti come il PPP, iniziando magari da un settore pilota quale il turismo, • organizzare congiuntamente campagne di informazione sul PPP e corsi di formazione che potrebbero servire al superamento della comune mancanza di capacità di istituire efficienti PPP, • organizzare per i numerosi attori presenti sul territorio dei corsi o eventi finalizzati ad informare sui processi di revisione normativa utile a facilitare e rafforzare la cooperazione tra i diversi attori, la capacità di fare impresa e creare PPP, • rafforzare congiuntamente le reti esistenti e crearne delle nuove attraverso continui incontri capaci di mettere assieme i diversi attori aventi l'obiettivo di superare gli ostacoli/minacce e consideranti il rafforzamento delle relazioni un valore aggiunto atto a migliorare anche la capacità di reperire i fondi necessari. Le azioni invece che si raccomandano solo al settore pubblico sono: • (specialmente a livello locale) gli attori istituzionali quali le municipalità potrebbero organizzare delle riunioni invitando il settore privato, tradizionale e non, al fine di facilitare la comunicazione tra i partecipanti introducendo al contempo il PPP e facilitando l'istituzione di partenariati, • le autorità istituzionali dovrebbero cambiare la loro ottica trasformando le loro politiche nazionali, a partire da quelle transfrontaliere relative ai paesi confinanti, in modo da promuovere il PPP quale strumento di sviluppo agevolandone l'istituzione attraverso le modifiche del quadro normativo laddove necessarie, • realizzare delle politiche aventi l'obiettivo di facilitare gli investimenti diversificando i settori degli stessi e organizzando al contempo dei corsi di formazione professionale per dare l'opportunità alla popolazione in età attiva di diversificare le loro conoscenze e capacità. ; XXIV Ciclo ; 1970

Issue 30.6 of the Review for Religious, 1971. ; EDITOR R. F. Smith, S.J. ASSOCIATE EDITOR Everett A. Diederich, S.J. QUESTIONS AND ANSWERS EDITOR Joseph F. Gallen, S.J. Correspondence with the editor, the associate editors, and the assistant editor, as well as books for review, should be sent to I~VIEW FOR RELIGIOUS; 612 Humboldt Building; 539 North Grand Boulevard; Saint Louis, Missouri 6:31o3. Questions for answering should be sent to Joseph F. Gallen, S.J.; St. Joseph's Church; 321 Willings Alley; Philadelphia, Pe.nnsylvania 191o6. + + REVIEW FOR RELIGIOUS Edited with ecclesiastical approval by faculty members of the School of Divinity of Saint Louis University, the editorial offices being located at 612 Humboldt Building; 539 North Grand Boulevard; Saint Louis, Missouri 63103. Owned by the Missouri Province Edu-cational Institute. Published bimonthly and copyright ~) 1971 by REVIEW 'VOg RELIGIOUS. Published for Review for Religious at Nit. Ro\'al & Guilford Ave., Baltimore, .Xld. Printed in U.S.A. Set'ond class postage paid at Baltimore, .Maryland and ,at addithmal mailing offices. Single copies: $1.25. Subscription U.S.A. and Canada: $6.00 a year, $11.00 for two years: other countries: $7.00 a year, $13.00 for two years. Orders should indicate whether they are for new or renewal subscriptions and should be accompanied by check or money order paya-ble to REVIEW POg RELIOIOGS in U.S.A. currency only. Pay no money to persons claiming to represent REVIEW FOR RELIGIOUS. Change of address requests should include former address. Renewals and new subscriptions should be sent to REviEW FOR RELIGIOUS; P. O. Box l 110; Duluth, Minnesota 55802. Manuscripts, editorial correspondence, and books for re-view should be sent to REVIEW FOR RELIGIOUS; 619 Humboldt Building; 539 North Grand Boulevard; Saint Louts, Missouri 63103. Questions for answering should be sent to the address of the Questions and Answers editor. NOVEMBER 1971 VOLUME 30 NUMBER 6 JOSEPH F. GALLEN,.S.J. Decree on Confessions of Religious. In a decree dated December 8, 1970, effective immedi-ately, and confirmed by the Pope on November 20, 1970, the Sacred Congregation for Religious and Secular Instb tutes made the following.changes in the canon law on the sacrament of penance for religious, especially religious women, and on exclusion from a religious institute of one in temporary vows because of ill health. These provisions will remain in force until the new Code of Canon Law is effective. Number 4, e), of the Decree states that the pre-scriptions of the present canon law that are contrary to the new provisions, incompatible with them, or which because of them no longer apply, are suspended. Any provision of the Decree that~ affects novices will apply to those in a temporary commitment other than temporary vows. The numbering of the Decree has been retained in the following explanation. 1-2. The Decree exhorts religious to value highly the sacrament of penance as a means of strengthening the fundamental gift of metanoia or conversion to the king-dom of Christ, and to esteem in the same way the fre-quent use of this sacrament, which debpens ~true knowl-edge of self and humility, provides spiritual direction, and increases grace. These and other wonderful effects, according to n. 2, contribute not only to daily growth in virtue but are highly beneficial also to the common good. 3. All religious, men and women, clerical and lay, ex-empt and nonexempt, should strive to receive the sacra-ment of penance frequently, that is, twice a month. Supe-riors are to encourage this frequency and make it possible [or the members to go to confession at least every two weeks and even oftener, if they wish to do so. In the past, canon law did not oblige religious to go to confession at least once a week. The canonical obligation extended onl~ to superiors, who had to make it possible for their subjects to confess at least once a week. How-÷ ÷ ÷ Joseph F. Gallen, s.J., writes from St. Joseph's Church at 321 Willings Alley; Philadelphia, Penn-sylvania 19106. VOLUME 30, 1971 4" 4" J. F. Gallen, S.J. REVIEW FOR RELIGIOUS 944 ever, the Code of Canon Law presupposed that an obliga-tion of weekly confession, existdd at least from custom, and very universally the constitutions obliged religious to confess at/east once a week. 4, a). "All women religious and novices, in Order that they may have proper liberty, may make their confession validly and licitly to any priest approved for hearing confessions in the locality. For this no special jurisdiction or designation is henceforth required." The first sentence of this number" gives all women reli-gious and novices, in orders, congregations, or societies of common life, the right always to go to confession validly and licitly to any priest of their choice, whether he is diocesan or religious, who is approved for confessions in the locality of the partic.ular confession. Furthermore, as this number of the Decree also states, the confessor does not have to be designated or appointed, for religious women.' Even in the past there were no canonical norms on the confessions of men or women postulants, who were regulated canonically by the same laws on confession as secular men and women. Religious women and novices are therefore .no longer obliged to go to ordinary or ex-traordinary confessors, eveh when such confessors exist for their houses. The special confessor of a particular reli-gious woman of canon 520, par. 2, no longer exists be-cause a religious woman may go, even habitually or al-ways, to any confessor of her choice. The same reason excludes the supplementary confessors (c. 521, par. 2), the occasional confessor (c. 522), and the confessor of seri-ously sick religious women (c. 523). Number 8, e), of the recent norms on the papal enclosure of nuns permits the following: "A priest [even if he possesses no jurisdiction for confessions] may likewise be admitted to assist those religious suffering from a chronic or greave illness." Mere spiritual direction, unlike absolution, does not require jurisdiction for confessions. Because of the sus.pended canons listed above in this paragraph, canon 2414, the last canon in the Code, is also suspended. This canon reads: If a superioress acts against the prescriptions of canons 521, par. 3, 522, and 523, she shall be admonished by, the local or-dinary; if again delinquent, she shall be punished by removal from office, and the Sacred Congregation of Religious is to be immediately informed of the matter. By reason of the second sentence of this number, spe-cial jurisdiction is no longer required for the valid or licit confessions of professed women religious or novices, whether in orders or congregations, nor for those in the analogons states of societies of women living in common without public vows (c; 675). All of these are now ab-solved in virtue of the same jurisdiction as secular women. Priests ordinarily possess jurisdiction for the con-fessions of the faithful ol~ both sex~esf@hey may therefore, in the locality for which they posses such jurisdiction, valid!y absolve the religious women listed" above any-wherd, in the confessional or outside of it. They may licitly do the latter in a case of sickness or for any other reason of like import (c. 910, par. 1). In the pa.st, to absolve validly and licitly the~ same religious women listed above, special jurisdiction was nec-essary. The jurisdiction was special becfiuse it "~as not contained in the jurisdiction granted for the faithful of both sexes~or for women. It had t3 be given expressly for religious women (c. 876, par. 1). The pres.ent suspension of the necessity of special jurisdiction also implies the suspension of the necessity of the designation of a special spiritual director (c. 520, par. 2) by the local ordinary or the regular superior. The i'eason for the necessity of this designation was that special jurisdiction for confession was granted to such a spiritual director. Lay religious institutes o[ men. According to n. 5 of the Decree, the applicable norms of n. 4 on women appertain~ also to lay institutes of men. Therefore, all religious and novices of such institutes may go to confession to any confessor, as explained above for women (n. 4, a). Be-cause of this right of choice, the special ordinary ~onfes-sor of professed °(c. 528), for whom the permission of the religious superior was° required, no longer exists," as is true also of the supplementary confessors of novices in the same institutes (c. 566, par. 2, n. 3),'and likewise of the occasional confessor of both professed and novices (c. 519). All of canon 566, par. 2, on confessors of novices in lay and clerical institutes of men is also suspended. Clerical institutes o[ men. Nothing is said directly in the Decree on the confessions of members of clerical or-ders' or congregations except that they too Should go to confession twice a month (n. 3). However, the applicable provisions on the confessions of women religious and nomces must also apply to clerical institutes. Otherwise, their members would be in an inferior condition to that of religious women and of the members of lay institutes of men, which has not been their status thus far in the laws of the Church. It is also the sufficiently evident intention of the Sacred Congregation to simplify the law on confes-sion [or religious and to grant greater liberty, and these are also desirable in the laws affecting clerical institutes. Therefore, all religious and novices in clerical institutes may make their confession to any confessor, as explained above [or women (n. 4, a). It would be incredible that clerical religious alone would be excluded from the pre-ceding concession. As above for lay institutes of men, the occasional confessor of both professe.d and novices (c. 519) ÷ ÷ ÷ Conlesslons VOLUME 30, 19TI 945 ~. l~. Gallen, $.~. REVIEW FOR RELIGIOUS 946 no longer exists nor the supplementary confessors for novices of canon 566, par. 2, n.3. 4, b). An ordinary confessor must be named for monas-teries of contemplative nuns, for houses of formation of women, and for large houses of women. An extraordinary confessor is to be named at least for the first two types of the preceding houses. The women religious and novices are not obliged to present themselves to either such ordi-nary or extraordinary confessors. The provision for the monasteries of contemplative nuns should in practice be extended to nuns who are doing immediate apostolic work, for example, conducting schools within their monasteries, and also to the houses or monasteries of contemplative congregations of sisters, for example, the Sisters Adorers of the Precious Blood, who have monasteries in the archdiocese of Portland, Oregon and in the dioceses of ~Brooklyn, Lafayette, Indi-ana, Manchester, Ogdensbu?g, Portland, Maine, and To-ledo Houses of formation of women include novitiates and juniorates, although the small number of novices and juniors and other circumstances can in some cases render the appointment of ordinary and extraordinary confessors impractical. There is no canonical definition of a large religious house. The determination of such houses should be made hy the local ordinary after a considera-tion of all the circumstances and even by consultation of its members. It could happen that the members of a very large house in a city can and prefer to go to any confes-sor. The presence or absence of members who cannot go outside the house for confession is obviously an impor-tant factor. Nor is consideration for the confessor to be forgotten, for example, an ordinary confessor who would come every two weeks and find nothing to do. In some cases a priest such as the one Or" ones who celebrate daily Mass in a larger house may be able to handle readily the few confessions that will occur. The fact that no religious woman or novice is obliged to present herself to any of these ordinay or extraordinary confessors follows from the general principle of the decree in n. 4, a), that all women religious and novices may make their confession validly and licitly to any priest approved for hearing confessions in the locality. This number of the Decree commands merely [he appointment of an extraordinary confessor, that is, the confessor who frequently, not neces-sarily at least for times during the year, is accessible that the members of the community may have the opportunity of confessing to another than the ordinary confessor. This was the definition of the same wording in canon 528 on the extraordinary confessor for professed religious in lay institutes of men. The Code explicity commanded the extraordinary confessor of professed religious women and novices (c. 521, par. 1)and of novices in institutes qf men' (c. 566, par. 2, n. 4) to be available atleast four times a year, but this provision is suspended by the Decree, In a liouse of ~formati0n, ord_i.nary .and extraordipar.y_, confeS, sors are to be app0intedl only for those in formation unless, with regard to an ordinary confessor, tbe other members of the house are sufficient to constitute a large house. This doctrine is evident from the fact that ordi-nary and ~xtraor,dinary confessors would not be ap-pointed [or these other members if they were in another house. Therefore, for example, in a novitiate house these confessors are appointed for the novices, not [or the mem-bers of the generalate or provincialate staff residing in tbe same house of formation. 4, c). "For other co.mmunities [in additition to the monasterieg of nuns, houses of formation, and large houses of n. 4, b) immediately above] an ordinary confes-sor may be named at the request of the community itself or after consultation with its members if, in the judgment of tlie ordinary, special circumstances justify such an ap-pointment." The "special circumstances" will be at least very com-monly those that prevent the religious women of a house fi'om going to confession twice a month unless an ordi-nary confessor is appointed. This can arise from the pres-ence in the house of religious who cannot go out for confession, from the location of the house that makes access to other confessors difficult, or that allows such access to only one confessor, for example, the sole priest in the one parish in a small town, and so forth. Lay and clerical institutes oJ men. With the exception of that on monasteries of nuns, the provisions of n. 4, b) and c) immediately above apply also to lay institutes of men by reason of n. 5, and to clerical institutes in virtue Of the arguments given under n. 4, a). It would again be incredible that ordinary contessors would continue to have to be appointed for all houses of clerical institutes (c. 518, par. 1) but only for the restricted number of houses of religious women and lay institutes of men ac-cording to n. 4, b) of the present Decree. Houses of for-mation in Clerical institutes include also houses of study (C. 587) and houses for the apostolic year and tertianship (see Sedes Sapientiae, nn. 48, 51). The judgment on the existence of a large house and on the special circumstan-ces tbat justify the appointment of ordinary confessors in houses that are not houses of formation or large apper-tains in clerical orders and congregations to the religious superior who has the right of appointing ordinary confes-sors according to the constitutions 0f the particular insti-tute. 4, d). "The local ordinary should choose confessors 4. 4. 4. ~. F. Gallen, S.]. REVIEW FOR RELIGIOUS 948 ~arefully. They should be priests of sufficient maturity and possess the other necessary qualities. The ordinary may determine the number, age and term of office of the confessors and may name them or renew their appoint-ment after consultation with the community concerned." This paragraph of the decree commands the local ordi-nary to choose the ordinary and ektraordinary confessors of women religious and novices of the tw9 preceding sections with care. The suitability of priests for these two duties appertains to the judgment of the local ordinary. For example, it is no longer required that these confessors be 'forty years of age (c. 524, par. 1). The local ordinary also determines the number of such confessors, and it is no longer demanded that per se only one ordinary and extraordinary confessor be appointed for each house (cc. 520, par. 1; 521, par. 1). The local ordinary may but is not obliged to determine the duration of the term of office of these confessors, for example, two year.s, and may reappoint them immediately and indefinitely after con-sultation with the community concerned. He may also, with the same consulation, immediately appoint an ordi-nary coiafessor as extraordinary of the same commun.ity (see c. 524, par. 2). Clerical and lay institutes o[ men. The ordinary and extraordinary confessors in these institutes from the na-ture of the matter are to be priests suitable for the office. The provisions, however, of n. 4~, d) of the Decree imme-diately above apply only to institutes of women both from their wording, which is based on the canons on confessors of religious women, and from the fact that the present canon law prescribes no qualities for the ordinary and extraordinary confessors in institutes of men, whether clerical or lay. It is evidently permitted to follow such a provision as the previous consultation of the com-munity concerned. The following are the canons specifically on confessors of religious that remain in force: Can. 518, par. 1. In . every clerical Institute there shall be deputed. [ordinary] confessors with power, if it be ques~ tion of an exempt Institute, to absolve also from the cases re-served in the Institute. Par. 2. Religious Superiors, having faculties to hear confes' sions, can, in conformity with the law, hear the confessions of their subjects who spontaneously and freely approach them for that purpose, but they may not without grave reason hear them habitually. Par. 3. Superiors must take care not to induce, personally, or through others, by force, by fear, or by importunate persua-sion, or by any other means, any of their subjects to confess his sins to them. Can. 524, par. 3. The confessors, whether ordinary or extra-ordinary, of religious women are not, in any manner, to inter- fere either in the internal or external government of the com-munity. Can. 525. For all houses of religious women immediately subject to the Apostolic See or to the local Ordinary, the latter selects both ordinary an.d extraordinary ,confessor;. ~o~" those subject to a Regular Superior, this Superior presents the con-fessors to the'Ordinary who will grant them the approval to hear the confessions of'the nuns; the Ordinary also shall supply, if necessary, for the negligence of the Regular Superior, Can. 527. According to the terms of canon 880, the local Ordinary can, for a serious~ cause, remove both the ordinary and extraordinary confessor of religious women, even when the monastery is subject to Regulars and the confessor himself a Regular, nor is the Ordinary bound to make known the reason for the removal to anyone except to the Holy See, if it should require the reason from him; he must, however, if the nuns are subject to Regulars, inform the Regular Superior of the removal. Can. 875, par. 2. In an exempt lay Institute, the Superior proposes the confessor, who, however, must receive jurisdiction from the Ordinary of the place in which the religious house is situated. The preceding are taken from the authorized but unof-ficial translation, Canonical Legislation concerning Reli-gious. Canon 891, which also remains in force, is ~not contained in this translation. It reads as follows: Can. 891. The master of novices and his socius, the superior of a seminary or of a college may not hear the sacramental con-fessions of his students residing in the same house with him, unless the students spontaneously request this in particular cases for a grave and urgent reason. The canons therefore specifically on confessors of reli-gious that remain are part of canon 518, par. 1, and all the rest of this canon; all of canons 524, par. 3, 525, 527, 875, par. 2, and 891. "II The final clause of canon 637 is to be understood in the sense that a religious in temporary vows who, because of physical or mental illness even if contracted after pro-fession, is judged by the competent superior with the consent of his council, on the basis of examinations by physicians or other specialists, to be incapable of living the religious life without personal harm or harm to the institute, may be refused admission to renewal of vows or to final profession. The decision in such cases is to be taken with charity and equ!ty." According to canon 637 a professed of temporary vows could be excluded from the renewal of temporary vows or from making perpetual profession because of ill health ofily if it was proved with certainty that the ili health had been contracted and fraudulently concealed or dissi-mulated before the first profession of temporary vows. The same principle is true of the dismissal of a professed of temporary vows (c. 647, par. 2, n. 2). These canons are not completely logical. The time of temporary vows is Confessions 949 4. 4. 4" J. F. Gallen, S.J. REVIEW FOR RELIGIOUS 950 one of probation; the canons permit exclusion or dis-missal of such professed for other inculpable causes; and canon 637 otherwise requires only .just and reasona-ble causes for exclusion and canon 647, par. 2, n. 2, only serious reasons for dismissai. These canons also caused serious and, without recourse to the Holy See, even insol-uble problems. This was verified especially with regard to psychological disorders when the subject would not vol-untarily leave the institute. His retention could cause great difficulty to the institute, even intensify his own condition, and cases occurred in which superiors could not in conscience admit such subjects to further profes-sions, particularly to perpetual profession~ It is evident that the decision in these cases of physical or psychologi-cal health is to be made with proper regard and considera-tion for the subject, and, as the Decree states, with char-ity and equity (see REVIEW I~OF RELIGIOUS, 16 [1957], 218-9, 271; 25 [1966], 1104-5). In virtue of the present legislation in II, an exclusion from further temporary or perpetual profession because of physical or psychological illness, even if contracted after the first temporary profession, may be made by the competent superior with the consent of his or her council if they judge, on the basis of examinations by physicians or other specialists, that the subject is incapable of living the religious life without personal harm or harm to the institute. The subject should ordinarily at least be first encouraged to leave voluntarily and this as soon as such a condition is sufficiently ascertained. The new legislation is concerned only with an exclu-sion from further profession; it does not extend to the dismissal of a professed of temporary vows in the same case. This can cause a serious difficulty if the case comes to a head when a considerable part of a temporary profes-sion is unexpired, for example, in the early part of the second year of a three-year profession, and the subject will not leave voluntarily. This case, when it occurs, may be proposed to the Sacred Congregation for a solution. Practical summary o[" the Decree. The~ norm'~f fre-quency of confession is every two weeks. All religious may always confess to any confessor in the locality. Spe-cial jurisdiction is not required for religious women. The only confessors proper to religious are ordinary confessors in monasteries Of nuns and in the following houses of men and women: houses of f6rmation, large houses, and other houses in special circumstances, and extraordinary confessors in the same monasteries and houses of forma-tion. Such confessors of women do not have to be forty years of age. A professed of temporary vows may be ex-cluded from further professions because of physical or psychological illness. CHRISTOPHER KIESLING, O.P. Ministry in the Schools of the Church Religious should get out of Catholic schools. Such schools should not exist.The Church should not be in the business of education, but should devote its resources to the social problems of our day. Moreover, Church schools serve the affluent middle and upper classes more than the oppressed minorities. Religious, ther~efore, should go into other ministries in which they can serve the world, especially the underprivileged. Undoubtedly it is good that religious are venturing into nev~ ministries besides ~eaching or administration in schools of the Church. It is good for sisters and brothers because some have temperaments, inclinations, interests, and talents which equip them much better for other min-istries titan that of the church school. It is good for the Chnrch and the world because both have grave needs which can be met only by the service of highly motivated and generous people such as religious. But while some religious should be encouraged to enter into new forms of apostolate, it would be most unfortu-nate if others were not encouraged to enter Or Continue in the apostolate of the schools of the Church. This apos-tolate is extremely important and even assumes, a ni~wness today by virtue of the many changes taking place in both the Church and the w6rld. As is well known, these schools are threatened with extinction today. The demise of the schools of the Church, however, is a most grievous set-back to the emergence of mature Christian laymen in the life and apostolate of the Church and hence in the Church's mission to the world, especially to the world's social problems. Vatican II expres'~d the int.egral mission of the Church with special clarity. It was compelled to do tiffs in its efforts to describe p, ositively the place, digni_ty, and role of the laity in the Church. The Decree on the Apostolate o] the Laity, for instance, says: 4- 4- Christopher Kies-ling, O.P., is a fac-ulty member of Aquinas Institute School of Theology in Dubuque, Iowa 52001. VOLUME 30, 1971 951 + C. Kiesling, O.P. REVIEW I:OR REI.IGIOUS 952 Christ's redemptive work, while of itself directed toward the salvation of men, involves also the renewal of the whole tem-poral order. Hence the. mission of the Church is not on!y to bring to men tlie message and grace of Christ, but also to pene-trate and perfect the temporal sphere with the spirit of the Gospel (n, 5). Tlie missiofi of the Church, in other words, is not to rescue men from this world for salvation in another world, but to unite men to God in this world and through them permeate human activity, culture, and his-tory with fl~e spirit of Christ, thus cooperating with God in bringing all creation to its divinely intended goal: eternal life and resurrection of the body for men in a new heaven and a new earth. Every member of the Church participates in her mis-sion: For this the ChurCh was founded: that., she might bring all men to share in Christ,s saving redemption; and that through them the whole world might in actual fact be brought into relationship with him. All activity of the Mystical Body directed to the attainment of this goal is called the apostolate, and the Church carries it on in various ways through all her members. For by its very nature the Christian vocation is also a vocation to the apostolate (ibid., n. 2). The Church is the whole body of baptized believers, sent by Christ into the world to bring men his truth and grace and to work for the divinely willed perfection of creation. In order to accomplish this mission, baptized believers nfinister to one a~aother, building up the whole Body of Christ in truth and grace for service to the world for the glory~of tlte Father. Some ministries are purely charismatic, the fruit of the Spirit's quickening believers to particular services to fellow members of Christ's Body for their joint mission to the world. Some ministries are also institutional, that is, in addition to the call of the Spirit, they have a more or less per.manent place and a more or less defined [unction in the structure of the Chnrch as ordained by God in Christ or by the Christian community in the course of history; consequently, these ministries appear in the canon law of the Church. But whether institutional or not, all these ministries are in-cludetl in the Spirit-inspired serf-help which the members of Christ's Body give to one another for the vigorous life of His Body and for its continuing mission and ministry to the world. What is required of the members of Christ's Body if they are to fulfill their apostolic vocation? They need articulate faith, a keen appreciation of the meaning and value of creatures, and zeal coupled with skill for building a better world of truth, justice, love, and freedom for every man, woman, and child. By "articulate faith" is meant a faith with some under- standing of the assertions.of faith, .including recognition of the difficulties which these assertions present to human intelligence today, their historical conditioning, and their need for continual reinterpretation and restatement if they are going to remain vali'd'expression~ of'~tuthentic faith in the midst of constantly changing human con-sciousness of reality. More importantly, articulate faith is aware of itself as.an adventure into ineffable mystery and personal communion with the living God, for which faith's assertions are a means not an end: a gateway, not the end of the road. Articulate faith also includes the willingness, ability, and c6nfidence to talk about what one believes. Because faith is a great adventure toward the fulfillment of men's deepest longing, one is willing, even eager, to discuss matters of faith; and one does not shy away from such discussion for fear of being wrong, because one is aware that faith is response to a loving Person who is more interested in drawing men to per-sonal communion with Him than He is in theological niceties. Vatican II expects the members of the Church to have such articulate faith, in accord with their capacity for it. According to the Decree on the Apostolate of the Laity, "the apostolate of the Church and of all her members is designed primarily to manifest Christ's message by words and deeds and to communicate his grace to the world" (ibid., n. 6). Noteworth~ in this statement is that all mem-bers of the Church are to manifest Christ's message by words, as well as deeds, and to communicate His grace. The ministry of teaching and sanctifying is not restricted to the clergy's ministry of the word and the sacraments. The decree proceeds to note that one of the ways in which the laity exercise their apostolate of "making the Gospel known and men holy" (ibid.) is through the testi-mony of a good life. But it goes on to say that "an aposto-late of this kind does not consist only in the witness of one's way of life; a true apostle looks for opportunities to announce Christ by words addressed either to non-believ-ers with a view to leading them to faith, or to believers with a view to instructing and strengthening them, and motivating them toward a more fervent life" (ibid.). ¯ In other words, the laity, as well as the clergy and religious, are responsible for building up the Body of Christ in truth and love and [or implementing its teach-ing and sanctifying mission. To fulfill this responsibility, laity, as well as clergy and religious, need articulate faith. A second need which each member of Christ's Body has is for a keen appreciation of the meaning and value of creatures: The Lord wishes to spread his kingdom . In this kingdom, creation itself will be delivered out of its slavery to corruption 4- 4- 4- Schools VOLUME 30, 1971 4" 4" 4" C. Kiesling, O.P. REVIEW FOR RELIGIOUS 954 and into the freedom of the sons of God (cf. Rom. 8:21) . The faithful, therefore, must learn the deepest meaning and the value of all creation~ and how to relate it to the praise of God. They must assist one another to live holier lives even in their daily occupations. In this way the world is permeated by the spirit of Christ and more effectively achieves its purpose in justice, charity, and peace (Constitution on the Church, n. 36). In the light of revelation,, baptized believers must see and appreciate creatures in their original goodness and in their relationship to the Incarnation and the eschaton; They should perceive and treasure creatures as the poet does, with awe and reverence for the uniqueness and beauty of each. They should not view them simply with the detached, calculating eye of the technician. Yet tech-nology too is a creature of God, so that Christians should understand and evaluate rightly its place and products in the scheme of things. Especially must the Christian be aware and appreciative of man and the mysteries of his being: the human body, feeling and emotion, love and sex, work and play, community and celebration, art and science, the aspirations of the human spirit~and the long-ings of the human heart--all bathed in the light of God's gracious love. Thirdly, the members of Christ's Body need zeal cou-pled with skill for building a better world: By their competence in secular fields and by personal activity, elevated fr6m" within by the grace o[ Christ, let them labor vigorously so that by human labor, technical skill, and civic culture created goods may be perfected for the benefit of every last man. Let them work to see that created goods are more fittingly distributed among men and., in their own way lead to general progress in human and Christian liberty (ibid.). Baptized believers should also "by their combined efforts remedy any institutions and conditions of the world which are customarily inducements to sin, so that all such things may be conformed to the norms of justice and may favor the practice of virtue rather than hinder it" (ibid.). They need to "imbue culture and human activity with moral values" (ibid.). The question now arises: By what means are the mem-bers of Christ's Body going to develop articulate faith, appreciation of the meaning and value of creatures, arid zeal with skill for building a better world? Can weekly liturgies of the word (including homily) and the Eucha-rist accomplish this end? Even supposing the Scriptures are well read, the homilies well prepared and delivered, and the celebration well carried through, weekly liturgies alone hardly seem capable of generating the qualities which Christ's members ought to have to fulfill their apostolic vocation. CCD classes are not going to yield the needed qualities. They are limited in time. They p~vide little sustained interaction between mature Christians and growing ones over a wide spectrum of life. Their very organization fosters the idea of faith as a gegment of life, [,or Which one sets aside a piece of time each week. Finally, they are impeded in effectiveness by the forced and often chaotic conditions under wliich .they operate. Newman Centers too are very limited in what they can do to develop the necessary qualities in the members of Christ's Body beyond a small circle. Courses in "religiqus studies" are far from adequate means. They are by definition uncommitted, objective examination of religion and religions. They are highly intellectual, speculative, whatever existential and subjec-tive use an individual student may make of them. They are also limited in the amount of time given to them and, being a self-cOntained part of a curriculum, they convey the impression that religion also is a self-con-tained part of life, rather than~a dimension of all life. Adult education does not appear to be the solution. The competition for adults' time and attention is ex-tremely intense. Moreover, dae qualities required of a mature Christian should be well developed before he reaches the age at which l~e would enroll in adult educa-tion courses that are more than remedial. The answer is not Catholic newapapers, magazines, and books. People who love and profit from reading are relatively few in our activist culture, and are becoming even fewer in this post-linear age of happenings and tele-vision in the global village. The Church's recourse to happenings and television will not be much more fruitful than literature for achieving the necessary goal. Once people are gathered, happenifigs and television can be extremely effective instructors, but the problem is pre-cisely gathering the people. Unless people are already rather strongly motivated religiously, they are not going to prefer religious happenings and television programs to their secular coi~nterparts. As for parents as the source of the needed Christian maturity, parents are limited in what they Can do for their children. They cannot ,.lead their children to an articulate faith much beyond their own. They will find themselves limited especially when they come to helping their children develop that keen appreciation of the meaning and value of creation which Vatican iI urges for all members of Christ's .Body. Parents may be able to foster such apl~reciation for the simpler things of life, but they may be at a loss in matters of biology, the physical universe, history, poetry, drama, music. Parents' social consciousness and involvement may or may not be very highly developed, and will almost always be limited in 4- 4- 4- Schools VOLUME .'30, "1971 955 + 4. 4. C. Kiesling, O.P. REVIEW FOR RELIGIOUS 956 scope because of family responsibilities and finite human energies. Social services of the Church are not ordered, by defini-tion, to the development of mature Christians, but to relieving the pressing needs which men and women have in their personal and social lives, in order that their lives may meet basic standards of health, decency, dignity, and happiness. It is difficult to imagine any project of the Church which offers the opportunities that schools do for p.ro-viding the members of Christ's Body with the develop-ment of faith, .appreciation of creation, and apostolic zeal and know-how which they need and to which they have a right. Several points are to be noted about this affirma-tion. First, it does not mean that schools alone do the whole job. There is still need for good liturgies, adult educa-tion, and all the rest. Secondly, the schools referred to are not only elementary schools. High schools and colleges are more important. Thirdly, the assertion speaks of schools for providing the needed qualities of articulate faith, appreciation of creation, and apostolic zeal with skill. It does not speak simply of religion courses in schools operated by the Church, though such courses have their rightful place. It is not a matter of the Church going into the education business, so that it can, with ease, slip religion courses into the curriculum. It is, rather, a matter of providing a Christian milieu in which learning to live a full life can Occtlr. Finally, the argument is not based on the actual con-duct or achievements of the Church's schools in the past. Whatever judgment is rendered on the past, the situation has changed so much since Vatican II that the schools of the Church today constitute an entirely new set of oppor-tunities. In recent years new methods of teaching have evolved which make learning boi:h more exciting for students and more in contact with life in society. Lay teachers have become a familiar part of the faculties of the Church's schools. Priests' and religious' styles of life have changed, bringing them into closer contact with ordinary life and with the laity, particularly their students. The ghetto mentality has largely disappeared, so that Church schools are less prone to be instruments of defense and more liable to be openings to the world. The ecumenical spirit enables Protestant, Anglican, and Orthodox Christians, as well as Jews and men of other beliefs, to have some place in the education that goes on in the schools of the Church. Administrators, faculties, and students are more aware of the school's obligations to the civic community in which it exists, All these new [actors mean :that the value of the Church's schools today cannot be judged on the basis of their past conduct and achievements. The opportunities which the schools of the: Church offer do not consist only or even mainly in the possibili-ties for religion courses or religious pract~ices. They con-sist in the possibilities for the young to develop articulate faith, a keen appreciation of creatures, and zeal with com-petence for building a better world by close association in learning and doing with mature Christians who them-selves have such faith, appreciation, and zeal. There is a difference, I would maintain, between what a youth derives from a course in English literature taught with competence and enthusiasm by a Christian whose faith permeates his life, and what he derives from such a course taught by someone else. A course in English litera-ture well taught by a Christian tells a young person that Christianity embraces all of life, that it is willing and able to learn from human experience as well as from revela-tion, that it recognizes the Spirit of God working in the world and speaking to men through human events, per-sonal and social. Besides this non-verbal communication, there can be explicit comparisons between the views of life in English literature and the view of the gospel. These comparisons are opportunities to develop articu-late faith without indoctrination. But even without any explicit mention of Christian faith, this course in English literature is a Christian ministry. As Vaticap II affirmed, Christians should have a deep sense of the meaning and value of all creation. The Church, therefore, has a duty to provide for its members to learn about creation through the arts and sciences illumined by the gospel. It is a precious gift which a Christian teacher gives to a student in patiently helping him to appreciate-a poem, even though faith is not explicitly referred to. If this Christian teacher of English literature is also aware of the world's and ldcal community's problems; if he is involved outside the school in trying to build a better world, if he lets this be known to his students and even involves his students in his social concern outside the classroom, his students will be made aware of another dimension of the Christian vocation and will even gain some knowledge of what they can do concretely to build a better world. If the administrators and teachers in a school of the Church are articulate in their faith, if they treasure God's creatures, if they are socially concerned and involved, if they constitute the nucleus of a genuine, open Christian community into which they assimilate their students, that school offers unparalleled opportu.nities for developing in the members of Chris,t's Body the qualities nece~ssary for + ÷ + Schools VOLUME 30, ].971 957 + 4. + C. Kiesling, O,P. REVIEW FOR RELIGIOUS 958 their sharing the mission of the Church to mankind and the world. But, it may be objected, should not such a Christian teacher of English literature or physics or sociology or mathematics be in apublic school? Could he not perform a most valuable Christian ministry there Yes, he could; and such Christian teachers--lay, religious, cleric-- should be in public schools. They would be fulfilling the Church's apostolic mission to the world in a most excel-lent way. But could his pupils derive as much benefit from him in the public school as they could in a school of the Church---or of the Churches, as some would propose in this ecumenical age? In a public school, his pupils could only rarely, and then with the greatest circumspection, explicitly view the subject with the teacher in the light of the gospel. Never could they celebrate their Christian awareness of the subject in worship, liturgical or other, unless they met outside the school and school time. This condition raises the complex problem of finding a con-venient opportunity for such celebration; and it intro-duces a division into the public school community, which could Iead to all sorts of unpleasant complications: More-over, students in a public school would not experience their learning within a known Christian milieu and hence would not see it as part of Christian life and Chris-tian life as embracing it. But is this not the age of anonymous Christianity? Is it necessary for students to examine explicitly a subject in the light of the gospel, to celebrate it in worship, and to see it as part of Christian life and Christian life as em-bracing it? Recourse to the concept of anonymous Christianity is a way Christians have adopted to take the sting out of the widespread de-christianization and secularization that has occurred in modern times. But anonymous Christianity, though a good thing in comparison to being altogether outside the influence of God's grace,'is a humanly imper-fect thing. To be human is to have self-awareness. Man is not only conscious as animals are, but reflectively con-scious; he is aware of himself as animals are not. If man's self is actually graced by God, then his self-awareness should include that fact, otherwise he is not fully self-aware, not fulIy human. Hence it is important, not only for Christian education but for the human education of the Christian, that he see what he learns as part of Chris-tian life and Christian life as embracing it. When one reads carefi~lly the documents of Vatican II in regard to its ideal of what Christian laymen should be in the life and mission of the Church, one cannot help asking how they are ever going to achieve that ideal, and how clergy and religious are going to help them in fulfill- ment of their priestly and religious responsibilities to serve their fellow members in the building up of Christ's Body. What i~ called for is not comprehended under the labels of religious instruction or religious practices. Nor is it adequately described as handing on, preserving, or nourishing Christian faith, What is required is education in the fullest sense of the word, education of the whole man for the whole of life, bnt education with a'Christian quality to it. Of all the Church's projects, its schools offer the most opportunities for such education. With such education, Catholic laymen would exercise their role in the mission of the Church, not by contributing money to a Human Development Fund, of which the hierarchy is the banker, but by becoming involved in human development in the neighborhood, city, state, nation, and the world. This latter is the more authentic fulfillment of the Christian apostolate by which the members of Christ's Body partici-pate in its mission to the world. The schools of the Church will very likely be fewer in number in the future. But they remain unique opportun-ities for building up the Body of Christ for its mission. Abandonment of the struggle to maintain them and, still more important, to exploit their new possibilities under the conditions, which have arisen since Vatican II will grievously set back the emergence of the layman and the mission of the Church to the world. It will promote the tendency of the Church to be identified with the clergy and religious rather than the whole People of God, and to become a club for fellowship in subjective re_ligious experience rather than the leaven in the dough ~of his-tory. Religious' involvement in the schools of the Church remains both~an important and challenging ministry. Schools VOLUME $0, '].97~ 959 SISTER MARY JEANNE SALOIS, R.S.M. Opinions of the Laity on Changes in Religious Life Sister Jeanne is director of research services at the Sis-ters of Mercy Gen-eralate at 10000 Kentsdale Drive, Box 34446; Be-thesda, Maryland 20034. REVIEW FOR RELIGIOUS 960 Literature concerning recent developments in the re-ligious life provide little information on the effects of these developments on the laity. Since the prima.ry pur-pose of adaptation and renewal as stated in the docu-ments of Vatican II is to become more effective in promoting the kingdom of God on earth---"That this kind of life and its contemporary role may achieve greater good for the Church, this sacred Synod issues the following decrees" 1--it should be helpful to know how a section of this kingdom feels about the adaptation they are observing. Such knowledge should contribute sub-stantially to an honest evaluation of the changes being made. This article summarizes the thinking of lay people on adaptation in religious life in seven parishes distributed geographically from the New England coast to mid-western United States. A random sampling of 60 families from each of the parishes listed in Table 1 participated in this study. Treatment o[ the Data: The investigator sent an in-strument entitled "Opinionnaire to Obtain the Lay-man's Assessment of Religious Women in the Church Today" to 420 randomly selected persons. Of these, 220 responded, constituting 53.4 percent returns. Distribu-tion of respondents is shown in Table 2. Eighty-three men and 137 women responded to this opinionnaire. Of these only One was black, the others being white. Age of respondents varied as indicated be-low: 1Walter M. Abbott, S.J., ed., The Documents o[ Vatican II, "Decree on the Appropriate Renewal of the Religious Life," n. 1. Age of Re~#ondent Number in Category Percent 20-29 16 7 30-39 59 27 40-49 77 35 50-59 42 19 60-69 19 9 70- 7 3 Approximately half of the respondeqts attended a Catholic grade and high school and most of them at-tended college. Most of the respondents indicated they were professional or sell-employed with very few saying they were semi or unskilled workers. TABLE :1 Parishes Participating in Study to Obtain Opinions of Laity on Changes being' Made in Religious Congregations Parish* City and State Our Lady of the Assumption St. Joseph Immaculate Heart of Mary Sacred Heart Immaculate Conception St. James Gate of Heaven Atlanta, Georgia Denver, Colorado Detroit, Michigan Hattiesburg, Mississippi Memphis, Tennessee New Bedford, Massachusetts Dallas, Pennsylvania * Parishes were selected at random from the total list of parishes being served I~y a religious congregation of women. TABLE 2 Distribution of Laymen Who Responded to Opinionnaire New Denver, Bedford, Hatties- Dallas, Colorado burg, Atlanta, Detroit, Memphig, Penn~yl, chusettsMassa" Mississippi Georgia Michigan Tennessee vama No. % No. % No. % No. % No. % ~o. % No.! % 17 58.3 26 43.3 41 68.3 28 46.6 37 62.7 36 Findings from Opinionnaire: Items and comments of respondents will be summarized under the three headings on the instrumefit: (1) The individual's personal contacts with sisters, (2) the religious life, and (3) sisters' aposto-lates. Personal Contacts with Religious Sisters Almost three-fourths (72%) of the respondents at-tributed most of the credit for helping them become religious persons to their parents. Twenty-six percent credited the sisters for having provided them with in-spiration, and 9 per cent mentioned the clergy. When asked how much influence for good religious sisters had exerted on them, participants responded as 4. 4- 4. Laity Opinion VOLUME 30, 1971 961 Sister 1eanne REVIEW FOR RELIGIOUS 962 follows: A mount of Influence Number Percent Very great influence 58 '26 I~reat influenc'e 54 24 Some influence 63 29 A little influence 29 13 No influence 13 6 Thus, 50 percent of respondents indicated that re-ligious sisters had influenced them greatly for good and 29 percent said sisters had influenced them some. Most of the respondents consider sisters friendly and easy to meet (192 or 88%). Nineteen respondents (13%) consider the sisters unaware of people around them, and four persons said they were unfriendly. When asked if they would go to a sister for help if they had some personal religious problem, 106 (48%) said they would go rarely, 71 (32%) said they would never go, and 38 (17%) said they would usually go to a sister for help. Most respondents feel that sisters show respect for them as persons (all do--61%; some do--36%). Ninety percent of respondents indicated that the sisters they have known spend most of their time in the educa-tion of children. Ninety percent are pleased with this effort, 6 percent are indifferent, and 3 percent are un-happy. Most respondents believe that sisters manifest an in-terest in the welfare of people in general (78%), and 18 percent don't know. Two percent said that sisters do not manifest an interest in the welfare of others. When asked to express their thinking on the age distribution of the sisters serving them, 81 respondents (37%) said age is not important, 74 (34%) s.aid the age distribution was about right, 25 (11%) said they did not have enough younger sisters, and 5 (2%) said they did not have enough older sisters. The Religious Life Two-thirds of the respondents believe there is no difference between the religious life and mariage in so far as thei~ comparable merits are concerned. Seventeen percent believe the religious vocation more pleasing to God, and 25 respondents (11%) said they didn't know. One hundred and twenty-five respondents (57%) said they would respond favorably if they had a daughter who wanted to become a religious, 77 (35%) would be neutral, and 15 (7%)would respond unfavorably. Most of the respondents (93%) said the sisters they have known seem to be happy. Respondents were widely distributed in their thinking on the economic level of religious living. One hundred and nine (50%) of the respondents believe that the sisters are living on the same or better economic level than they are. Sixty-nine (31%) believe they are living more comfortably than~ the sisters, and 41 ~(19%) said they don't know. When asked whether the sisters seem more progressive since Vatican 11, 161 (73%) said they were either out-standing or quite progressive. About 10 percent found them too progressive and approximately the same per-centage considered them not progressive at all. Almost three-fourths (70%) of the respondents pre-ferred to see religious women living in a convent espe-cially designed for them. Fourteen percent prefer to see ~them in a middle-class residence near their employment. Only two persons said they prefer to see sisters in a home in a poor neighborhood, and three persons said in an apartment. Thirty-eight respondents (17%) said they didn't care. Fewer than half (44%) of the persons responding in-dicated that they like to see religious dressed in a habit which includes a veil. About one-third (32%) like to see religious in conservative attire which does not include a veil, and 7 percent like to see them in contemporary clothing with accessories identical to lay women. Four-teen percent don't care what religious wear. Two-thirds of the respondents like to see sisters par-ticipating in all parish activities. Twenty-four percent-wish religious to participate in all parish activities ex-cept those which are purely social, such ,as dances. Seventeen respondent,s (8%) prefer that sisters attend only those activities related to the school, such as home-school meetings. Apostolic Services When asked how they would react if the sisters would decide to withdraw entirely from the school in order to do other works in the parish, 72 percent said they would respond unfavorably. Eighteen percent said they would be neutral, and 9 percent said they would respond fa-vorably to such a decision. Respondents .were asked if they thought the sisters should be 'more active in working with the poor. Re-sponses were evenly distributed with 68 (31%)in the affirmative, 70 (32%) in the negative, and 72 (33%)with no opinion on thismatter. Responses to items which attempted to find out which apostolaies seemed most necessary to the laity left no room for doubt. They strongly endorse the Catholic school concept and wish sisters would continue in this endeavor. In response to an item concerning the services they 4- 4- 4" 4" 4. Sister Jeanne REVIEW FOR RELIGIOUS 964 would prefer sisters provided for them if they were .in need of such services, 68 percent said they wished them to teach children. Other services given some priority by respondents were to administer to the sick in institutions (12%), administer to the sick in homes (5%), and teach adults (4%). Only one percent wish sisters to teach poor children only. Respondents were asked which apostolic works, if any, sisters should discontinue in which they are presently engaged. Each respondent could list three works. Results follow. Campus Ministry on Secular Campus 32 Diocesan services 92 Social work 19 College 16 High School I 1 Elementary school 10 Hospital 9 Religious Education 5 Respondents were asked to list in order of priority the works which they believed sisters should be engaged in at the present time and in the future. The following priorities were established by.averaging the ranks of the 220 respondents. 1. Teaching religion in Catholic school 2. Administrator in Catholic school 3. Teaching secular subjects in Catholic school 4. Teaching in Religious Education Program 5. Administrator of Religious Education Program in parish 6. Serving in Parish Ministry working with families 7. Staff position in health institution 8. Administrator in health institution 9. Social worker in inner city 10. Rehabilitation of drug addicts 11. Serving in Campus Minstry on secular campus 12. Administrator or staff position in public institution Comments of Laity on Adaptation and Rerlewal of Sisters In their comments on the adaptation they are observ-ing in religious communities, participants expressed di-verse opinions, presenting a kaleidoscopic view of re-ligious congregations. Many respondents praised the sisters for some of the changes they are making and for their continued dedication. Some, accustomed as they are to uniformity within religious communities, are using similarity of dress and dutifulness to t~aditional occupations as the criteria for evaluating renewal in religious life. Some are using normal standards of ac-ceptable behavior and are surprised and scandalized at the extremes to which some sisters are going in their new freedom. To the laity, these sisters seem immature and insincere, wanting the best of two worlds. Thus, much of the renewal effort is suspect to some of the laity, both that being made by large groups of sisters attempting to renew sincerely in keeping with the changing needs of the world and by the small group of extremist whose actions the layman is questioning. The comments below are typical of those made by many respondents. I don't think the'sisters are'adapting to the needs of the Church. Some sisters are radical; some are conservative: Some are in habits; some are not. Some are worldly; some are not. They seem to be divided among themselves. Some seem to act as immature young women wanting the best of both worlds. They ~vant the respect due to religious and the fun and entertainment of single women. They are mainly interested in satisfying their own desires. Opinions concerning the habit differed with many respondents reluctantly accepting the demise of" the traditional habit in favor of some lesser form of identifica-tion. Many emphasized the, importance of a religious identity and regret the loss of respect which the habit has always commanded. On careful analysis, responses seem to set forth the .primacy of "habit" over "person" in the thinking of some lay persons. I feel the sisters should have uniform attire~ even if it is a simple colored dresg with a large cross. They are married to God and should be proud of their vocation. They would also command more respect and be more useful, as people would be aware of their vocations and ask for help seeing the gar-ment, not the per.son. It was surprising to see how the laity identify religious with the traditioffal professions to the extent of con-sidering new occupations completely incompatible with the vocation itself. Sisters should either be in the religio~as vocation, or if they want to do soc.ial work they should not do it under the guise of a religious. Religious have pushed into social care areas where .they are not qualified. They have given scandal, betrayed their com-munity life and their origina! vocation. Sisters should work where they can influence and strengthen the faith and morals of young Catholics. Let others care for their social and physical needs. The laity continues to look for the dedicated, hard-working sister wh6 spends her time going from her work to her prayers in the convent where her physical, and social needs are met. They are surprised when they see sisters becoming more like other women in their use of leisure and in the external manifestation of their fem-ininity. They feel that the purpose o[ religious women was + + + Laity Opinion VOLUME 30, 1971 965 ÷ ÷ Sister Jeanne REVIEW FOR RELIGIOUS 966 and is to stay in the classroom and teach their children, and that to betray this purpose is to betray their calling as religious. Sisters should do what they have done for many years--see to the education of our future citizens. Most of God's work is just that--hard work--and this is probably the main thing I have always admired about the nuns I have known. They were committed and worked hard with little thanks or praise, and I'm sure they were often discour-aged and unsure of their accomplishments. Some of the laity are interpreting the trend to leave the traditional apostolates as a sign of individualism which prompts one to wish to "do her own thing." I find it disturbing that some sisters, when given the op-portunity to work in the world today, become concerned with their own needs or interests under the guise of making money for their order. Since Vatican II, I feel that many nuns are confused and at odds with their own previous commitment. Teaching sisters now seem to feel social work is their bag, nursing nuns feel that teaching would be more appropriate, etc. Confusion stems, I believe, from a lack of the whole spirit we used to know as dedication to God's work. It is being replaced today in all of society by a personal need to do your own thing. A change very pleasing to the laity where it has taken place is the updating observed in methods of teaching and curriculum. They praise the sisters who are more understanding of child nature than they used to be and who are ready to meet the explosion of knowledge which today's children are experiencing. They complain if these changes are not taking place. Unfortunately, older nuns are not adjusting methods, cur-riculum, and themselves personally to many facts, namely,. that today's children know much more in space and science study than is in textbooks and they often know more than the the teacher herself. The teacher's attitude often becomes bel-ligerent rather than pleased that children are this way. Some personal evaluation seems necessary. The older nuns seem to adapt to the needs of the Church. Younger nuns could learn from them. It is no longer a voca-tion to them, it is ajob. Some middle class lay people feel that religious are now prejudiced against them. They argue .that their needs for the services of religious are as great as those of any other segment of society. We who are just ordinary people--working, living, and .dying--also need the help and example of the religious sister in today's world. We feel that what's the use when our lives and struggles are treated with disdain. We don't want to be applauded, but we feel that by living an honest and decent life and ever-striving to do the works of Christ, that we ought to be considered at least as human as the girls who have il-legitimate babies who you would think had won the grand prize for all the attention they are given. In short, love us too, even though we have never broken a law. I believe ~many sisters aye giving up "their 6wn" to work in the inner cities and for social causes. A poor soul is not .Primarily found in a poor person--the person may be rich, middle 'class or ~poor. We should try to help all equally so all can be saved. Another change taking ~place among religious women which is greatly appreciated by the laity is the attitude of considering all persons as equals. They are happy that sisters have come down from their pedestal and no longer seem to expect deference from the laity. The sisters, I believe, are progressing to include all persons with whom they come in contact as equals. I used to. feel the sisters considered themselves.very special and should be looked up to by all. I think they are more aware of people's needs than previ-ously. They are more sensitive and less untouchable. Some have lost self-respect by playing down to the laity too much. Much of the advice given to religious by respondents argued for the maintenance, of balance in the matter of adaptation and warned against extremes. Don't go overboard! Keep attire and sense of misSio~a in line with Catholic beliefs. If the sisters participate in secular affairs, I feel they should remember they are sisters and uphold the traditions and reputation Catholic sisters have always had. General impressions reported by respondents include the following: I get the feeling they are not of the Church but of the world. Instead of giving up things of the world they are acquiring things of the world. Nuns, in general, appear ito be departing from a way of life which identified them as religious, and as a result of ,this proc-ess, society appears tO have less respect for religious orders. I think sisters are doing a fine job. This is a time for all people to join t.ogether and to remember that God is the father of all, not just the white man, Many so-called Christians have forgotten this. General Statements on Opinions of Laity From the many ideas expressed by the laity responding to this opinionnaire, a few generalizations can be stated: There is little evidence at this time that the changing needs of society, for example, the rapid increase of Catholic students on the secular university campus, have penetrated the thinking of: lay people to any great extent. Criteria used by most of the laity for judging sisters remain the. same today as before Vatican II in spite of the shift toward greater personal freedom and more leisure in society as a whole~ However, a few of .the respondents 4- 4- + Laity Opinion VOLUME 30~ 1971 967 Sister Jeanne REVIEW FOR RELIGIOUS 968 do seem to comprehend rather accurately the reasons for change in religious congregations. A few religious who, in the eyes of the laity, have seemingly lost sight of the meaning of religious vocation are impeding acceptance of the necessary changes large numbers Of religious women are making. There are certain paradoxes in the thinking of the laity concerning religious sisters at present. The laity are happy that sisters consider them as equals, no longer expecting deference; yet they lament the elimination of' external signs, such as the habit, which commands special respect. The laity give major credit to their parents for being the grea.test influence for holiness in their lives; yet they insist that the sisters are essential to growth of holiness in their children. The laity are happy that sisters have stepped down from their pedestal to walk among them; yet they wish to continue admiring them at a distance when they need help in the solution of their personal religious problems. In summary, respect for religious among the laity in this sample has decreased as a result of the changes made by religious congregations since Vatican II. This loss of respect can be attributed to a failure on the part of laymen to understand the reasons basic to change and their failure to recognize new needs in society for the services of religious women. It is also the result of unwise individual choices which some religious are making in their personal lives. The laity need the assistance of sisters if they are to understand the motives for their new behaviors. Perhaps the greatest need of the laity, as well as of religious, is familiarity with social doctrines of the Church and the emphasis given to these doctrines in the documents of Vatican II. Reflections of the Writer Religious congregations are attempting to implement the new emphases of Vatican II. The laity, familiar with the old structure, fail to understand the inevitable re-suits "of implementing such documents as "Declaration on Religious Freedom" from Vatican II, and Mater et Magistra, the encyclical letter of Pope John XXIII. An example of this implementation is the attention religious congregations are now giving to the dignity of the human person. In Mater et Magistra (215) we read, Whatever the progress in technology and economic life, there can be neither justice nor peace in .the world, so long as men fail to realize how great is their dignity; for they have been created by God and are His children. According to the social teachings of the Church, society is at~the, service of the human person to respect his dignity and allow him to attain his end and his full human development: "Society is made for man and not man for society.''2 Plus XII s~aid: "Man is a personal being, endowed.with intelligent& and free will;" ~a~ being who has the final choice of what he will or will not do," s Enhnciating this principle of the dignity of the human person, the ""Document on Religious Freedom" from Vatican II states: God calls men to serve Him in spirit and in truth. Hence they are bound ih consdence but they standunder n0: Com-pulsion. God has rbgard for :the dignity of the human person who.m He himseff created; man is to be guided by his own judgment and he is to enjoy freedom. . In contemplating these teachings concerning the basic freedoms o[ man and applying them to herself, a religious may conclude that she does not relinguish her innate freedom to govern herself when she enters a religious congregation. She believes that she is responsible to God alone for her actions and that she is responsible for keeping these actions in line with the life she has com-mitted herself to live. If this reasoning is correct, obe-dience in religious life needs to find its meaning apart from the responsibility of one person to govern the life of another. If religious growth takes place through responsible choices made freely, each person must be free to choose in matters pertaining to her personal life. In their efforts to implement tile new emphasis on the dignity of the person and_ her freedom of choice, religious congregations are eliminating rules which formerly gov-erned the personal life o[ each member. Remove pro-hibitive rules designed to channel actions according to a certain pattern which all members are exp6cted to observe and they are going to act as do all other members of the human race uniquely and differently. Some per-sons are going to make unwise choices as is true of persons in other walks of life. Freed from rules which prevent extremes, religious women are going to demon-strate their good taste or lack of it in their external appearance, their behavior, their use of leisure, and in their professional activities. But the end of this process is good the coming to being of a religious who is interiorly motivated to govern herself in a manner suited to her commitment as a woman who has dedicated her life to Christ and the service of His kingdom on earth. The new religious will come to r~alize as never before th~it she has been made = Plus XI,'Divini Redemptoris. a Pius xIi, "Allocution to the Sixth International Congress on Criminal Law," October 15, 1954, + Laity Opinion VOLUME 30, 1971 969 Sister Jeanne REVIEW FOR RELIGIOUS 970 in God's likeness to imitate His perfection, His goodness, and His love and mercy for men. She will realize that sh~ must 'lift herself up to God freely if she wishes to l~articipate with Christ in life eternal, in the divine life of God and of the Blessed Trinity. This is the destiny of all men, the religious included, and all must freely choose to follow this path, for with Christ there is no coercion, no forcing, no want of freedom. Surely every adult' outside of a religious community reaches the period in her life when she is no longer told what to wear and where to go. The fully committed re-ligious woman who has dedicated her life to Christ and to the service of his kingdom on earth should "be equally capable of" exercising her God-given freedom and of assuming the responsibility for her actions and her destiny. Lay people need to understand that they will be observing some evidence of poor taste as religious use the freedom they now have. Poor judgment is not a monopoly of the laity; it can also be expected of religious. Unless the formation period in the life of young re-ligious provides an understanding of how the gospel message is translated into daily living as a religious, sisters cannot be expected to make decisions in keeping with their form of life. In their uncertainty regarding the preparation which best prepares individual religious to exercise greater freedom, some congregations are ab-dicating their responsibility fbr the formation of young religious. To supose that new members who have not developed an understanding of the religious life will make personal decisions in keeping with it is a rash assumption. If religious congregations are to make wise choices. during this period of renewal and adaptation, they must take time to study the past and realize Gully the import of char~ge on the present and future. Unless changes are in line with the purposes for which the congregation was formed in the first place, the congregation will give way to a new entity or disintegrate completely. In-dividual members of apostolic religious congregations in the past realized their service of Christ in His Church through service of the congregation whose corporate end was this divine service. Today, many religious see them-selves as groups of dedicated individual members with a diversity of tasks. If religious retain the apostolic dimension of their original commitment, the transfer from corporate to individual commitment may be a change of means rather than ends. However, if the apostolic dimension of one's service is lost, the primary purpose of apostolic religious congregations in the Church no longer exists. When no unifying purpose is present, organizational structure becomes meaningless. It has been the purpose of this study to provide some insight on the reaction of the laity to observed change in religious congregations in the year 1971, Hopefully, the opinions expressed in this report will be.helpful to religious congregations as they chart their c0urse'for the future. + 4- 4- Laity Opinion VOLUME ~0, 1971 97! SISTER MARY JOHN MANANZAN, O.S.B. Must I Love You for God's Sake? ÷ ÷ .I. Sister John is a graduate student of the Gregorian Uni-versity and resides at Via dei Bevilac-qua, 60; Rome, Italy (00165). REVIEW FOR RELIGIOUS 972 Read the title without a pause and with the correct intonation lest you miss the point of this article, it is not an exasperated exclamation like "Must I put up with you, for heaven's sake?" The article concerns itself rather with the question whether we should love others "for the sake of God." This phrase has been so misinterpreted in the past and still also in the present that the word "char-ity" has fallen into disrepute or at least it has acqui~?ed a cold, antiseptic atmosphere. People say "I don't want your charity"--"I will not be an object of charity." In the stu-dent house where I lived while I was studying in Ger-many, the girls were very wary of "nuns" doing things for charity. Once an Idonesian girl living in another house got sick. A German friend of mine announced her inten-tion of driving over. I spontanously exclaimed: "I'11 go with you." She looked at me and cautiously asked: "Are you doing it for charity?" The reason for such wariness is that doing things for charity or for God's sake is taken to mean something like: "Actually you are a nasty fellow and for yourself I wouldn't lift a finger. But I am doing this because I see Christ in you." I don't tbink for a moment that Christ is at all pleased with such pious prattle. And the person concerned rightly feels himself an "object" of charity--a means to some altruistic, humanitarian or still worse to a spiritual ideal. C. S. Lewis in his delightful book Four Loves gives a punchy example of an "unselfish . self-sac-rificing" mother who "just lived for her family." In a remarkable self-deception she literally worked herself to the bone for them but actually what she managed to do was to suffocate each member of her family, because she did not actually see them as persons and did not really consider their real needs; She looked through them to work for her image of being an ideal mother. She used them as means to fulfill her need to be needed. In a similar manner "loving others for God's sake" has some-how taken on the meaning of disregarding the individual person. On this point one can learn a great deal from Kant who has been accused of having never written a word on love. But he actually offers a very solid foundation for what we call "love of neighbor" in his famous (infa-mous?) categorical imperative. This principle has also suffered a very one-sided treatment. The frequently cited formulation is the one that approximates the Golden Rule wearing a grim duty-conscious facial expression. A less quoted formulation however reads: "Act in such a way as to treat humanity whether in yourself or in others never only as a means but always also as an end/' Kant's moral theory is based on the absolute valuation of the person. A person is for him an autonomous subject. He alone possesses the dignity to be happy (Wtirdigkeit, glficklich zu sein). For this reason, a person may never be regarded only as a means but should be willed as a good-in- himself. This absolute valuation of a person manifests itself first and foremost in doing one's duty towards him. Again on this point Kant is frequently misinterpreted. No less than the great German poet Schiller is guilty of this shallow interpretation of Kant when he writes: Gladly I serve my friends but alas I do it with pleasure Hence I am plagued with doubt that I am not a virtuous person. This is answered by a similarly poor interpretation of Kant and a worse poetry: Sure your only recourse is to despise them entirely And then with aversion do what your duty enjoins you. Kant did not mean at all that interest and affection would detract from the moral worth of an action. His term "duty" is a limiting term. It simply isolates the factor which accounts in the last analysis for the moral worth of an action. But once this is ascertained, one can embellish one's action with all the affection one is capa-ble of. I think it is important that Kant makes this em-phasis. There are really people who lavish their affection here and there and everywhere but neglect their elemen-tary duty towards these same persons. It is this forgetfhl-ness of Kant which is responsible for the benevolent tyr-anny in many lands suffering from social injustice, where the rich landlords or employers give to their exploited laborers "in charity" what they owe them in justice. The elementary duty of "love of neighbor" is thus to take the person as an'end in himself and never a means for anyone or anything. Truly? Not even for God? No, not even. God needs no means. He is His own End. He ÷ ÷ Love VOLUME 30, 1971 973 doesn't rely on any means to reach it. What then does loving others "for God's sake" mean? If it means anything at all, it means: one must take the other in his totality. Man is essentially a relation. A per-son is most a person in his relation to God. One can give him absolute value because he has already been radically affirmed by an absolute Person, He is worthy to be loved because he has already been radically loved. One can therefore love him for his own sake if one regards him in the totality of his being rooted in God. But the totality of man also means his being an individual distinct person. Therefore "love of neighbor" means taking this concrete person beside me for what he is and loving him with all his quirks. I think it is one of the characters of Peanuts who said: "I love humanity; It is people that I cannot stand." To love another is to see him. It is to love him "interestedly." "Disinterested love" is no love. It is too pretentious. It is being in love with one's perfectly selfless way of loving. This is the reason why I think foreign aid to developing countries miserably fails in arousing the gratitude of the people it helps. It is literally disinter-ested. There is no interest in the people as persons. No wonder they feel insulted and are resentful. They do not feel loved--they feel that they are objects of love. The same is true in individual relationships. One wants to be loved,' becau'se one is lovable. A boy who tells a girl "I love you, because of your pug nose" is not necessarily being superficial. Maybe he grasps the point of love better than if he were to enumerate the noblest .motives in the world. I think the art of loving is to find something very concrete .in someone (be it a pug nose, a crooked smile, a naughty left eyebrow--whatever it is. There is one in every person aching to be discovered!), to discover this recapitulation of his personality and in this burning focal point of his being, to love him intensely. 4- + Sister John REVIEW FOR RELIGIOUS 974 TENNANT C. WRIGHT, s.J. A Note on Poverty This is simply a report on a mode of poverty lived at one Jesuit house in Mexico City. The report is drawn from a conversation with several members of the commu-nity there, including the Father Minister who was influ-ential in setting up the program and helps with its ad-ministration. The program seems particularly enlightening at this moment when there is such discussion of poverty and how it fits with a religious' psychological need to feel economically productive and responsible. The Mexican community is made up of Jesuits who receive a salary at one of the Universities (non-Jesuit) in Mexico City. The salary i.s paid by the University directly to the individual Jesuit~ It is turned over by the Jesuit to the community. The community treasury, derived from the salaries, is then divided into three parts: First, there is a common fund for the community, out of which comes such general expenseg as house upkeep, and the room and board of the Jesuits living there. Second, there is a monthly personal amount returned to each Jesuit, an equal amount to each, no matter what his salary from the University. Out of the monthly "allowance" the Jesuit is expected to take care of his or-dinary personal items, such as clothes, recreation, the or-dinary personal necessities of his study and work, his ordinary travel. Third, there is a fund retained by the community for emergencies. As I understand it, the emergencies are gen-erally of two types, each handled differently. There is that personal emergency which arises from the unexpected, for example, an accident, a particularly large medical bill. Such personal emergency expenses are met by the community in a direct payment (not a loan) out of this emergency fund. But this third fund also covers those personal but more expensive items needed by some but not all. For instance, if one of the Jesuits in the course of his work needs some particularly expensive equipment or books or a car, then the community lends to this Jesuit the money to buy the T. C. Wright is a faculty member of the University of Santa Clara; Santa Clara, California 95053. VOLUME .30, 1971 975 special item. The loan is made without interest, but it is gradually paid back to the community out of the individo ual's monthly allowance. This question of loans to the individual for special expenses is crucial. The Mexican community is clear that this is not a case of dominion, of true ownership. Rather it is a more sophisticated way of responsible use. The special item is only purchased after consultation with the superior. The ultimate decision remains with the supe-rior. Although the item is used with the responsible dis-cretion of the individual, when and if his need for it is no longer present it is sold and the money returned to the community fund. Although this three-fold scheme of community use of [unds seems simple and clear in presentation, Father Minister and other members of the Mexican Jesuit com-munity emphasized that the implementation of this mode of poverty has more difficulties and is more complex than its simple outline indicates. 4- 4- 4- T. C. Wright REVIEW FOR RELIGIOUS 976 W. L. L~CROIX,.S.J. The New Property" and the of PovertY In the past ten years there has taken place a consider-able change in the attitudes of many vowed to the reli-gious life with respect to their "having" material goods. At times, this change in attitude has been reflected by attempts to patch the tearsin earlier lived interpretations of the vow of poverty by talk of a "vow of common life," or something of the sort. By these patchwork efforts, peo-ple have tried to bring within a reflective understanding of the vow such new lived interpretations of poverty that permit individuals to have exclusive control over many more material items (from transistor radios to individual vacations) than were ever previously found acceptable. In this brief essay, I would like to suggest that these efforts are of secondary consequence. I submit that there is a much more pressing problem for the practice of vowed poverty in contemporary America. This more pressing problem emerges from the recent, qualitative leap taken in the lived interpreta)ion of property. If the vow of poverty at all concerns some deliberate taking up of a life style that is designated by its extraordi-nary attitude toward property (this does seem to be the "matter" of the vow), then it is of major importance to talk about that which a political economist might call today the "new property." This concept is both simple and subtle, so let me briefly try to present what lines of thought are involved, and then appraige the implications of "new property" for what I will call the positive "thrust" of the vow of poverty. The "'New Property" Property may be described as a socially acknowledged relation that a person has to what is considered, in the broadest sense, an item of value. Now what is considered of value (except for subsistence in food, clothing, shelter) is to a great extent determined by the concrete attitudes W. L. LaCroix, S.J., is a faculty member of Rock-burst College; 5225 Troost Avenue; Kansas City, Mis-souri 64110. VOLUME 3~0, 1971 ÷ ÷ ÷ W. L. LaCroix REVIEW FOR RELIGIOUS 978 within a cultural milieu. And what are the manifold ways in which, ordinarily understood, one may acquire rela-tion to items of value are familiar to us all. And so we have our ordinary image of what we talk about when we use the term "property." But this imagining is so easy only because so few have done serious reflection on some significant socio-economic developments of the last fifty years. Many people today. continue to be undisturbedly at ease with talk about property exclusively under the rubric of the individual's possession, use, and control of "permanent" and fixed (real property) or of manipulable or consumable items of value (personal property). In fact, however, with the growth of a corporate society in America, some are able to argue convincingly that this familiar rubric of prop-erty has become at least partially obsolete, and that the part where it is obsolete is the more important part. One major indication of the need for a new rubric is that, in, our society heavily toned by business relation-ships, political economists and businessmen now are will-ing to say that, for most of the large business corporations, there are capital investors, there are top and middle man-agers, there are employees, customers, unions, the govern-ment, and the society at large that are related to the corporate organization, but there are no owners. That is, there are none except the impersonal (albeit legal) entity of the corporation itself. Certainly one reason here is that the business corporation is no longer an item compassa-ble by any individual who might attempt personally to organize and control it, that is, to "possess" it, to have it as private property. This growth to bigr~ess is one that has moved not only vertically in the size of an individual corporation, but hlso horizontally to interlace organizations of diverse kinds into one corporate society. Qualitative alterations have taken place in how and by whom social relation-ships are determined within the individual private orga-nization, in the relations between the individual private organizat~ions, and between these organizations, govern-mental bodies, and the social community itself. Corpora-tional businesses today act less with attention to the com-petitive market and more with attention to a mutual self-interest of the leading businesses, or even at times with a mixture of this and "public interest." Government does not hesitate to curtail initiative from a "private" firm for the sake of "public interest," or, conversely, to subsi-dize private sector business for the "public interest," or to contract out to business and to educational institutions some "public interest" undertaking. Educational institu-tions concern themselves with good relations with the business community and government for financial assist- ance; and with accreditation agencies for professional prestige. In a society composed of such interlaced organ~izations, the sharp distinctions between the public and the private sectors of activities have faded (I will suggest a test for this further on), and all members of society have been drawn into new and manifold relations to all the organi-zations. This means that those items of value, or wealth, which the individual can have as "private property" have become secondary in social significance. From Locke to World War I in Anglo-American thought these items have been the key to civic freedom, self-identity, and individual capacity to initiate effects in society. Now the socio-economic fi'eedom, identity, and initiative--in one word, the social power---of the private property holder are minimal. As a society we have entered an era where the initiative comes from organizations which act for or-ganizational or for "public" interest. And the "public" interest today means .less and less each individual's inter-ests and more and more only organized interests~ As part of a growing consensus on the relations of persons to new items of value today, A. A. Berle, Jr., has spoken of the divorce from older property of the socio-ec-onomic power to make determinations in society. He terms this the distinction between "individual possessory holdings" and "power systems." What is at stake here :is not merely the separation of ownership from socio-eco-nomic control, but the "increasing elimination of pro-prietary ownership itself and its replacement by, substan-tially, a power system." Charles A. Reich has spoken of the new form of wealth which one obtains in a corporational social structure through the relationships one has to various organiza-tions. These relationships gain for one a place in the interlaced socio-economic system of organizations. The new marriage of wealth and power is a union within the blood line of the power structure itself, for the wealth is itself new power. One has this new wealth of socio-eco-nomic place, or power status, in so far as one has actively functional relations to the power systems. As active within the power systems, one individually has the socio-economic power without the need of property in the tra-ditional sense of individual possessory holdings, One only needs to obtain a place, a status in the power systems. To clarify how this change brings in new dimensions in the question of poverty, let me develop briefly how one acquires this power, what the power is, why it is special today, and whether it is legitimate. ~ (How acquired) One enters a place of power not by ownership, but by the possession of whatever credentials the people presently with an active function in an organi- 4- "New Property" VOLUME 30, 1971 979 ÷ ÷ ÷ W. L. LaCroix REVIEW FOR RELIGIOUS 980 zation designate as required. They in turn designate what matters are required in response to the organization's demand in view of~ its present strength and future fate in the interlaced system. These admission credentials are supposed to, and often do, signify the possession of some expertise, some "know how" in terms of the functions and goals of the organization. One's relations to active power status in an organiza-tion is always conditional. It is forever a trial marriage and lasts only as long as the person's power decisions make things function well for the organizational system. In turn, one is subject to those interchanges of power which constitute the organization to which he belongs directly, and to those interchanges of power by which his organization is interlaced within the American corporate system. One is tied to his organization's fate, which itself is precarious, by one's personal credentials, which are constantly under test. For brevity~s sake, let us call one's conditional relations to this new wealth of power status the "new property" (even though I have modified Reich's use of the phrase). Some kind of status in a community or in a private orga-nization, of course, is nothing new. But the status now at point is no longer simply a social by-product of possessory holdings, ancestry; or profession. The new status is a place of socio-economic power within active organiza-tional power. (What is power) As Berle has noted, we are still philo-sophically immature in reflections on power. For our pur-poses here, let us be satisfied with a simple concept: power allows the wielder to initiate decisions on the transmission, use, and determinations of socio-economic assets for the lives of persons. One who holds power has a "scope of significant choice" (Carl Kaysen) open to his decisions within a corporational social structure that widely and significantly affect the determinations of how one himself and others experience and express human values. Today we have large social and economic organi-zations which depend upon and which generate power to their members. These organizations are managed by non-owners whose decisions and instructions, by the mecha-nism of the organization, are made causative at distant points of application, both inside and outside the indi-vidual organization. Normally one distinguishes "power to do things" and "power over persons," but this distinction often is only in the relative immediacy of the results of power's exercise. And the exercise of "power over" brings a reduction for those affected in the range of personal alternatives in socio-economic activities, and an increase in dependence on the power's exercise. (Why special) As society's organizations become more complex, they become more interlaced and thereby more counterbalanced in their scope of initiative action. This primordial counterbalance, however, is less in terms o~ conflict and more in terms of agreement. As a result, as organizations grow to need each other, they become less counterbalanced in the consequent effects o~ their actions in the public arena. This is an important point. It any-one subject to a function of organizational power is still ultimately free to disassociate himself from .the power, with some but with no drastic repercussions in his total li~e style, then the "power over" that person may be said to be private. Sucb a freedom of the one subjected to private "power over" presupposes other, significantly dis-tinct sources of "power to do" things which produce real options for the one subject to the power system at hand. But if the disassociation, if possible at all, from one power would at best only bring about the substitution o[ tbe one by another qualitatively the same source of 'power over," then the "power over" may be said to be public. From this test of the distinction of the public and tbe private sector o[ society, one sees that the real c~runch of the "new property" power is that, more and more, its consequent effects can no longer be balanced out by deci-sions made by others with power. It is so far forth public. Power status is thus one's place in the organizationally active determination of the quality of people's lives. As holders of "new property," individuals exercise the resultant social power to determine some relations that others will have to the organization or to its products, and thereby to the corporateI society. With an ethical vocabulary based on the old p, roperty rubrics, many sta-tus power people still speak ofI these determinations they bring about in tbe lives of ot[~ers only in terms of privi-leges or options, and not in terms of rights and basic human values. They thereby presume that to deny a rela-tion to the orgamzat~on or to deny a cr~uc~sm of its products is merely to deny a lprivilege or to deny tbe immediate value of certain options. There is no wonder that umvers~t~es, for example, st~ll ~ns~st that students are there not by right but by privilege. When orgamzauons were private, such talk was movie acceptable ethically. But today, when org~inizations both decide upon and, in their interlaced stance, supply thos~ credentials which deter-mine a person in the roles he b~ts in tbe corporate society, the subject's relation to them i~ now public and nearly or completely in the area~of rigltts. We are less and less a society o~ persons who receive entrance into "private" organizations by privilege or lwho use the products of organizations by option. Simp,ly stated, the "new prop-÷ ÷ ÷ "New Property" VOLUME 30, 1973. 981 ÷ ÷ ÷ W. L. LaCroix REVIEW FOR RELIGIOUS 982 erty" gives not only "power to do," but, more signifi-cantly for human and Christian values, direct "power over" persons. " (How legitimate) Such "power over" persons requires justification. One must question such power that can "make things happen" in respect to basic values in a society and ask if it is legitimate. The question is raised today for non-owned economic organizations and is espe-cially vital for all organizations which by the interlacing of society have had their power effects take on the "pub-lic" quality noted above. Power is a fact, but the persons concerned can ask for the rights to its possession and to its use. By "legitimate" I signify that there are good answers in terms of human values to the questions "How come such and such has power" and "For what purpose does such and such have power." Such questions ask for standards by which to judge the possession and use of power which are extra-neous to the power itself. In a society of fre6 persons, power can legitimately be obtained and legitimately be used only under the aegis of some expression of "public consensus." Berle has sug-gested two phases in any legitimization. (1) People get control, within an organization's power mechanism by some inner organizational ritual established by the orga-nization and accepted at least passively by the public consensus. (2) Such people use socio-economic power le-gitimately if the organizati6n has a [unction to perform within the values of the full society which is acknowl-edged by consensus, and if their use of the power is appropriate to that function. (Of course, few such func-tions are well-defined, but public consensus has positive though vague ideals here of what is acceptable.) Let us stipulate that, ambiguous as it is, power over persons can be legitimate. And let us for convenience designate anybne with legitimate power over persons in our corporate society as one who has "authority," but let us call such authority in the socio-economic structure "authority (P)." By this authority (P) ~ person rightfully can affect others in societal relationships by making things happen [or them, and thus can determine them in respect to some of the values in their lives. Given that individuals are persons, non-counterbal-anced power to affect their lives will be legitimate ulti-mately only if it positively contributes to their develop-ment as individual and as social persons. In our corporately interlaced society, this legitimacy will imply that those who have power will be accountable to all per-sons whose lives the exercise of the power affects. In summary, then, the argument is that today "new property" is identified with the exercise of "power over" in the socio-economic field, d one's "power over" activ-ities, one's authority (P),g ~"ves one's social identity and one's social initiative.°Keep in]mind that, in a true sense, one need not "own" anything [in order to have this "new property." " [ I do not wish to argue here that the concept of "new property" is accurate. This h~s been done forcefully by the political economists. All I need is this brief and un-doubtedly inadequate overview in order to ask for Some reflection on the relation of ~his advent of "new prop-erty" to the vow of poverty in ~eligious life. / The Vow ol Poverty In every activity within the[ corporate society, ,persons make and express their selves as they transact with other persons. Thus each one in deeds gives answers to those questions which are either exp!icitly or at least implicitly in every personal encounter: "~Who are you?" and "What do you mean for me?" ,, The social power that is theI new property' makes one respond in terms of status and function: "I am one who has tlus place m the social sttqucture and "I determine these values for you." Let me at once contrast withlthese responses what I call the positive thrust of the vow of poverty and suggest that tt ~s that wluch would permit one to respond: I am the human being Ch~'ist has made !me, are you such a human being, too?" On~ thereby expresses the message and the challenge of the Good News by one's very life style itself. Usually in activities we express a functional connection between some parts of ourselves and some parts of the supporting socio-economic system. We are teachers, pro-fessors, administrators at such and such an educational institution; we are experts and on such and such commit-tees; we have such ahd such training, such and such de-grees, such and such publications to our credit; thereby we are in such and such relationships to this organization within the complex of interlaced organizations. That is "who we are." By this part-function'ality we conceptually merge a re-sponse to "Who are you" with the response to "What do you do?" or even more broadly "How do you fit into the socio-economic system?" Thus when .asked "Who are you?" or when we ask of others "Who is that?" we really change the meaning of the question in,our minds and then employ functional categories "to handle" other per-sons in our thoughts and to have identification as we are "handled" in the thoughts of others. (We must be taught to do this: a little girl at the border, when asked if.she was an American, replied, "No, my daddy is an Ameri-can. I'm a girl.") 4- 4- + "New Property" VOLUME 30, 1971 983 ÷ ÷ ÷ W. L. LaCroix REVIEW FOR RELIGIOUS 984 Generally then, and perhaps more especially in a "new property" milieu, one's functional roles in the corporate society determine one's self identity. And this identity is more and more dependent upon the fate of one's immedi-ate organization within the corporate society, and upon. one's acceptance by functional peers and one's perform-ance among functional inferiors. Thus the primary con-cern of the person with "new property" must be organiza-tional. This is antithetical to the thrust of vowed poverty. A second, equally significant factor from "new prop-erty," the socio-economic power endemic to organiza-tional place also jabs at the thrust of vowed poverty. One with "new property" determines the lives of others Jor them because, as functional within and dependent upon socio-economic power, one exercises "power over" per-sons. Those who consider the vow of poverty as significant for Christian religious life can no longer ignore the con-tradiction that occurs when one points only to one's "min-imal individual possessory holdings" and Overlooks one's "new property" holdings. Since many religious in the United States are in education, let us use an example from this organizational area to put the problem strik-ingly. Let us ask: Can one who has a vow of poverty act consistently if he becomes the president of a uniyersity? Even if he lives a most frugal and Spartan private life, one stripped of all but the immediately necessary mate-rial items, can he in deeds live the thrust of the vow of poverty, since 'he has willy-nilly status wealth in the pub-lic socio-economic system and acts constantly with "power over" persons? Can he express the message and challenge ¯ of the Good News in any continuous form coming from his life style itself if he so connects himself with the interlaced set of organizations whose basis is a power to determine for other persons items basic to their values in life? The same questions can be put to the tenured profes, sor, the high .school principal, and so on. Perhaps a test for an opposition to vowed poverty would be: Do the respect and consideration one has from peers and inferi-ors in societal transactions come primarily from one's "new property" functions or not? Some have argued that poverty does not mean the neg-ative "not using material items of value," but rather the positive "sharing of the effects and experiences resultant from any possession and use with the concrete religious community." These values are one's talents, the experi-ences of one's apostolate, as well as the gifts one receives, one's former individual possessory holdings, and so forth. Thus they might argue that one can also use the "new property" consistently without effect on poverty in reli-gious life. I suspect that such an argument misses the qualitative newness of the "new property.~" It also un~terplays the positive thrust in the rentmciation of the old property, suggested in this section's opening. I will stipulate that some of the inward thrust of pov-erty may be in terms of mutual sharing with the commu-nity. But the vow must be ultimately for the life of the Good News in the mission of the whole Christian com-munity. It cannot have for its final term the limited reli-gious community: And ~he outward thrust (and part of the inward thrust itself) of poverty is precisely so that one can respond to contact with others as a (Christian) human person and challenge the others also to be (Chris-tian) human persons. Poverty has been an attempt to remove those identification handles which passively ob-struct the transmission of the Good News which chal-lenges others to be in, deeds what Christ has made them. Perhaps more importantly in our time and place, poverty seeks to remove that public power which actively ob-structs others from determining for themselves their free response to the challenge of the Good News. This mission of the Good News one legitimately .ob-tains and legitimately exercises by the action of the Trin-ity in human history. Let us for convenience designate anyone with the legitimate mission to challenge others with the Good News as one who has Christian authority, but let us call this challenging authority "authority (C)." By this authority (C), a person in encounter~ can legiti-mately challenge others to be consistent with themselves as individual and social persons, but the challenger has no power to determine the others in respect to their values as human persons, because the thrust of one's Christian mission is to leave the others confronted with the Gospel challenge but free to determine themselves, As there is authority (P) which is legitimate power to challenge others by determining to some extent human values for them, so here there is authority (C) ~hich is the mission to transmit a legitimate challenge but with-out any power to determine for the one c.hallenged. Those who live a vow of poverty would seem to want to specialize in ~some continuity of deeds and life style in this Christian authority (C). Of course, it is not impossible for one tO have status property and to exercise the consequent determining power and still,, in addition, to transmit by authority (C) the challenge of the Good News. Christians who do not vow poverty do it every day. But they do not attempt to specialize in a continuity of deeds .which emphasize au-thority (C). 4- "New Property" VOLUME 30, 1971 985 ÷ ÷ W, L, LaCroix REVIEW FOR RELIGIOUS 986 Some would argue that those with the vow of. poverty also can utilize the "new property" and its logically con-seqt~ ent authority (P) as a means in their life style. They argue that religious do not rest in this "new property" but can have it and remain true to the thrust of the vow because, for example, they use the "new property" to make professional contacts vital to the universalization of the Good News. Let us reflect here not on the strengths of such a defense, and there are some, bnt on its weaknesses. A. Some would say that religious need the status, which is the wealth of the "new property," in order to contact the important people in a society organized around power status on their own level. From the "new prop-erty" gained by administrative, academic, or other cre-dentials, religious can contact the organizational profes-sions of the clay and influence them. But do religious as status members speak to others as trans-status human beings or as co,possessors of power status? Do religious who contact as holders of "new property" contact the whole person and challenge the other with authority (C)? Must religious not necessarily, if they are fellow "new property" holders, speak to others pronouncedly as fun-damental co-members who are equally bound to the power and th'e fate of the structure in dominance in today's corporate society? Remember, unlike the old property, one never "owns" the "new property;" One is always conditionally and precariously subject to the orga-nizations which generate the active power place. One keeps the p.lace only by somehow contibnting actively to a successful exercise of socio-economic "power to do" and "power over." B. Why was not a parallel argument valid for religious to have the "old" property? If it was not valid, what value did Christians place on the vow of poverty in the past that made it so? Was it simply the release from worry over those things which other people must daily worry about? Certainly not. Christians held [or some rea-son that religious vowed to poverty could give a special continuity to the use of authority (C) lrom the very form their life style gave to all their activities. Religious could give this special continuity to the use of authority (C) if they were not the equals of others as holders of individ-ual possessory property, if they encountered the others not in a role of co-wielders of social power from that property, but radically as persons unconnected with a social function category. Can this thrust be realized if religious with a vow of poverty are equal co-holders of social economic public power from the "new property" of today? It is not easy to answer this with a simple "no." Many seem successful in their mission with the Good News to challenge others t(; be "the persons Christ has made them even though these present challengers, vowed religious, or lay Christians, are co-holders with the chall~n~ged of the "new property." X~'hether such success is limited to this period of transi-tion, wherein few are fully .aware of the i.mplicationS of "new property," is a good question. But whether even such success continues to make a religious vow of poverty meaningful is a better one~ ÷ ÷ ÷ "New Property" VOLUME 30, 1971 987 ROBERT OCHS, S.J. Experiments for Closing the Experience Gap in Prayer ÷ ÷ ÷ Robert Ochs is a faculty member of Bellarmine School of Theology; 5't30 South University Avenue; Chicago, Il-linois fi5615. REVIEW FOR RELIGIOUS 988 "Speaking exactly as one friend speaks to another"- these are the words with which Ignatius Loyola character-izes what he calls "colloquies," conversations with the Father, Christ, or Mary which conclude so many of the exercises which make up his Spiritual Exercises. This prayer of conversation, explicitly evoking a personal part-ner, is not the whole of prayer. To try to make it such, to focus on the divine Thou in all our prayer, is a strain which can cut us off from other avenues of divine contact. Trying to force all prayer irito a conversational mold can even short-circuit what it intends to further, by making us hurry past the "impersonal" world of divine power and energy, fire and spirit, not to mention Silence and nothingness. Yet to turn our back on it would be to lose a vital dimension of religious experience. Prayer as conversation, dialogue, or encounter with God has recently become much harder for increasing numbers of Christians, as they have rediscovered God both as transcendent mystery and as immanent Spirit. But, I submit, neither our new awareness of God's tran-scendence or of his immanence is the real cause of our inability to meet God in a face to face encounter. For some reason we are not bold enough, or realistic and imaginative enough, in our use of dialogal prayer. Prayer of colloquy is not nearly "colloquial" enough. Speaking with God "exactly as one friend to another," as Ignatius flatly states it, has yet to be really explored, partly out of a misplaced fear of anthropomorphism, partly because our personal relationships themselves have become so bland that we have forgotten exactly how intimate friends do speak to one another. (I sometimes feel Dr, George Bach's paperback, The Intimate Enemy: How to Fight Fair in Love and Marriage, would be a better aid to prayer nowadays than many books directly on prayer,) Underlying our lack of imagination is a peculiar mind set of ours which renders any boldness in encountering God all but impossible. Until we alter this mind set about where and how God is encountered, about the mediurn of any encounter with God, any modeling of our encounter with God on the model of human encounters will look merely like improved make-believe. The Spiritual Exercises speak a great deal about this medium, what Ignatius calls creatures or .simply "all things." Early in the text~ the so-called "Principle and Foundation" insists on "indifference" to things, using them "in as far as" they help find God. And toward the end, the "Contemplation to Attain Love" reminds us that love manifests itself in deeds and consists in a mutual sharing of goods. Between these two exercises, which span the whole Ignatian retreat, the effort is to make things a vehicle of mutual communication instead .of an obstacle, to make them a locus of encounter and matter for shar-ing. As an introductory school of prayer the Exercises teach us to find God in all things, so that things become the means of exchange for dialogue. The whole effort to encounter God involves us therefore in a vast transforma-tion of our view of things. All this sounds terribly obvious. And yet the shift in point of view we are called on to effect in ourselves is enormous, and if we could do it we could pray. The effort involves, for a Christian who supposedly "already believes in God" but does not yet really live in faith, the overcoming of an attitude about God and things which is perhaps the great obsta_cle to encounter with God in our lives, an attitude I Choose to call Deism. Deism sounds at first a harmless enough term, and that is partly why I have chosen it. Giving a harmless name to what one feels is The Great Obstacle has the advantage that it opens us to look for the obstacle to prayer within ourselves and our own pale Christianity. For much that goes by the name of Christianity is no more than Deism, and Deism is as far removed from Christian faith as ag-nosticism or atheism. At any rate, Deism stands along with agnosticism and atheism on the opposite side of the line dividing belief from unbelief. And it is perhaps more dangerous than those two, because it apes Christianity and obscures it own lack of faith. After all, is it not at least theistic, admitting the existence of God? But it ad-mits a God with whom one does not deal, an inaccessibld God with whom one does not argue or wrestle. From the viewpoint of faith the Deist is worse off than the atheist who seeks an accessible God but cannot find him. It is not true that believing in a Deistic God is better than + ÷ ÷o VOLUME 30, 1971 989 ÷ ÷ ÷ Robert Ochs REVIEW FOR RELIGIOUS 990 believing in none at all, because to believe in a God who does not enter into intimate relationships with men im-plies giving him certain personal attributes opposed to such relationships, making him aloof, arbitrary, uncon-cerned. While faith says He is our Father. Deism is far from harmless. It is religion without reli-gious experience, religion without encounter and without prayer. It declares God inaccessible. It views the world of things precisely as providing no access to God. It would be profitable to read Ignatius' "Contemplation to Attain Love" as an overcoming of Deism, seeing God dwelling in creatures, "conducting Himself as one who labors" for us in all creatures on the face of the earth. The "Contempla-tion" is the effort to see deeds as potential manifestations of 10ve and all goods as material for mutual sharing. I somewhat regret having to use the term Deism, be-cause it sounds too exclusively associated with the ages of' enlightenment and rationalism. What I mean by it is less a theological position than a state of mind, one which is still very much with us. Deism is a whole sensibility impeding our prayer. One could almost define it as the opposite of finding God in all things, as finding things and supposedly finding God, but not putting these two together except in an awkward juxtaposition. It is what modern thinkers are trying to overcome when they talk of transcendence in immanence and of encountering God in the world. We are Deists when we find God in religion and' not in secular things, and when we admit that reli-gion is more important but more boring than life. We are Deists in our inability to talk about God without using pale language divorced from life, language made more and not less abstract when it becomes pious. We are Deists when we live out our own human growth Odyssey without relation to our spiritual Odyssey. These are old accusations. We are no doubt overfami-liar with these aspects of our Deism. Accordingly, in the following pages I propose taking a look at certain things in which we are not used to finding God. We do not look for God in these things because we think He is already there. We are already aware of the problem of finding God in matter, in the secular, in the ugly. But the things I want to look into with the reader are, briefly, the will of God, our thoughts (especially our religious thoughts), and our images of God and ourselves as we engage God in dialogue. If we looked more for God in these things, .we would be much more able to pray. The best way to take this look is not by direct description, but by watch-ing our spontaneous reactions provoked by certain thought experiments. This way we can uncover the var-ious Deistic mind sets we are caught up in. We should not be surprised by this procedure. The Exercises them- selves proceed often in this same fashion, asking us, for example to imagine three classes of men or to imagine ourselves at tile hour of deatli, or to enter in fantasy into a gospel scene and then ',reflect On myself." The itinerary through the Exercises proceeds as much by uncovering and then healing attitudes of unbelief as by appropriat-ing attitudes of belief. God Present in the Things .That Are His will The second is that love consists in a mutual sharing of goods, for example the lover give and shares with the be-loved what he possesses, or something of that which he has or is able to give: and vice versa, the beloved shares With the lover. Hence, if one has knowledge, he shares it with the one who does not possess it; and' 'so also if one has honors, or riches. Thus, one always gives to the other.--Spiritual Ex-ercises, n. 231. Let us start hy a look at our will-of-God-talk. There is, in fact, a curious anomaly in much recent will-of, God-talk. This anomaly can be expressed in different ways. For example, we seem to be theists in our discei:ning process, and secularists in our carrying out process (and therefore Pelagian Deists all round: Discern as if every-thing depended upon God; act as if everything depended on you). Our talk of discerning God's will sounds more convincing than our talk of God's will once discerned. We do talk rather convincingly (that is, convincedly; with words that at least sound as if we were convinced of the reality we were talking about) about finding God'S will, but our handling of God's will once we have supposedly found it seems to give the lie to such talk. It is not iust that we fail in performance, that we are slow to fulfill what we think we must do, as Christians have always felt themselves to be. It is that the talk that accompanies our efforts to fulfill the wi.l,1 of God sounds as if we were~less than convinced that there was any such thing as a will of God manifested in discernment. In short, our talk gives the impression that we aim at doing more than merely discerning "What the situation calls for," because we in-sist on giving it a theological dimension. And yet once we have discerned "the will of God," we carry on as if this theological dimension were sheer ideology. Various Symptoms point to this, especially Our vacilla-tion and our regrets (and recriminations). Our vacillation during the process of discernment, weighing and search-ing our motives, 'indicates that we take seriously what we are doing. But vacillation after the moment of deciSion indicates rather the opposite. Again, it is not so much vacillation in performance I am talking about, but a kind of vacillation in the belief which governs the perform-ance. (If you are going to believe in a will-of-God uni-verse, an agnostic observer might say, at least take the ÷ ÷ ÷ Prayer VOLUME 30, 1971 991 ÷ ÷ ÷ Robert Ochs REVIEW FOR RELIGIOUS 992 advantages as well as the onus of your world view, and taste a bit of the joy and enthusiasm that ought to accom-pany such a belief.) For example, a line of action em-barked upon as a result of discernment will be aban-doned with a lightness incompatible with the discern-ment talk which launched it. The project is not adjusted in the light of new circumstances, discerned anew, as we say, but is changed without recourse to any discernment process at all. A project may be entered upon with some sense of vocation, and then abandoned with neither a sense of infidelity to any call, nor a sense of a new version of the call. If it does not work out, it is simply dropped as a misguided enterprise shot through with human fallibil-ity. After this, curiously enough, the whole discernment process may be started again, with'hopes inexplicably undimmed of finding this time the will-of-God project that will not turn sour. This phenomenon makes one wonder if any genuine discernment was ever done at all, especially when one considers that true discernment does not just provide the knowledge of what to do, but the grace to carry it out, the grace not to forget for long that one is about the Lord's business. Nadal remarks that what struck the early companions about Ignatius was his single-mindedness once he had adopted a course of action through discernment. Ignatius especially deplored the failure of spiritual nerve or what he called courage in difficult enterprises. Another index is regret. We have pursued a course under the aegis of God's will, expended our energies on it, and it does not work out, or works only tolerably well. Hindsight reveals all the deficiencies of our original choice--it looks dated, it is not what we would have chosen if we knew then what we know now. We regret, we recriminate, we think rather quickly .that we have been duped, wasted our efforts, labored under a very human delusion. Even though when we made the deci-sion we claimed to be aware that we had no choice but to choose, further postponement of decision being a worse choice than the one we made, yet we have no sense of accomplishment, no sense of having done God's will or even qf having done our best trying. For another index, let us observe our reactions to the account, in Chapter I of Acts, of the drawing of lots to fill up the vacancy left in the Twelve by Judas' betrayal. Matthias and Barsabba