Documents found
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8081.More information
The article describes the current EU law framework for the delivery of public services in the Member States of the EU. It aims at demonstrating that two potentially conflicting approaches are currently visible. On the one hand, the EU continues to look at such services from the point of view of unhindered free competition : Governmental interference in the operation of undertakings (e. g. through subsidization) will only be accepted if it is based on a legitimate justification and proportionate. From the point of view of constitutional theory, the relationship between the state and the market is thus fundamentally readjusted. On the other hand, the EU institutions have now accepted the importance of a continuous and uninterrupted delivery of such services of high quality. They are now contemplating about policies and measures that would establish a pan-european standard of public services.
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8082.More information
In many national legal orders, law régulâtes the responsibilities which both the family and the state have in respect of the individual ; and it also détermines the interaction between these two. This study compares the law in England, France and Italy. First of ail, legal responsibilities towards relatives are examined in these three countries : it is found that there are significant différences, both in the circumstances in which these apply, and in the way in which they are organized. Then there is a comparison of the relative importance which the law gives to family solidarity on the one hand and the legal responsibilities of the state on the other. Here again, the approaches of the three national legal Systems are very diffèrent. It is shown that the principle underlying French law, thatfamily solidarity should prevail over the legal responsibilities of the state, is not found — or only to a very limited extent — in the English and Italian legal orders.
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8083.More information
Plays of shadow and light : policies concerning foreigners in europeSince recruitment of foreign manpower stopped in 1974, European governments have adopted strict migration control policies in a context of rising xenophobia in public opinion, the press and political discourse. Foreigners nevertheless now enjoy better guarantees of stay and access to social rights and certain political rights. Based on a comparative study of the reforms of foreigners' rights in France, Germany and the Netherlands over the last 25 years, the article attempts to explain this surprising phenomenon with respect to existing theories. The author works out an explanatory model that stresses the importance of the breadth of participation in the debate on these reforms and on that of the institutional framework in which the decisions are taken. While public polemics about immigration lead to reform failure, reforms have succeeded when they were the objects of debates limited to state administration or the judiciary or in countries where the political leaders were able to reduce the visibility of the reforms.
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8084.More information
When did the left/right cleavage appear in france ?Conventional wisdom has it that the right/left cleavage dates from the French Revolution. But everything indicates that it became rooted only at the time of the Combes government (1902-1905) and that it has been definitively in place only since the 1930s. The causes of its emergence deserve scrutiny. Initially, the propaganda of political actors, the habits of literary circles and the militancy of the intellectual spheres seem to have contributed to it. Beyond that problem and fragmentary answers to it, placing the right/left cleavage in its historical context raises an important question : can one make retroactive use of it, as of the 19th century ? That can be argued, under the condition of being aware of certain dangers. In the late 19th century, the Third Republic was built much more on the preponderance of the center than on any dualistic confrontation.
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8087.More information
Africa has been continually recreated and deconstructed on the American continent. In the American context, Africa is a contested image, used and abused in the discourse of political parties and in both popular and elite discourse regarding Nationhood and peoples who have constituted themselves in the New World. It is also part of the imagery associated with modern nationhood and produced by a continual interaction between the latter's components. This article, specifically concerned with the city of Salvador de Bahia and its surrounding region, explores these issues. It is also a description of how Africa, that is, interpretations of things and features considered to be of African origin, has been central to the mercantilist treatment of black cultures and to the production of what may be called 'black objects'.
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8089.More information
In The last decade or so politics in Côte d’Ivoire have been so disrupted that the instability regularly justifies the use of chapter VII of the United Nations Charter or the intervention of the African Union (AU) and the economic community of West African States (ECOWAS) or even the support of France with the Force Licorne. The Security Council created a multidimensional operation in 2004, the un Peace-keeping operation in Côte d’Ivoire (UNOCI) and ratified the Linas-Marcoussis agreements. since then and until the end of 2011 it has passed some forty resolutions, ratified two agreements (Pretoria and Ougadougou) and adopted sanctions. Despite so long a time of preparation punctuated by many incidents and even serious crimes, the results of the elections in favour of Ouattara, results that were certified by the united nations, have been contested with violence. former President Gbagbo, the leader of that armed challenge, has been arrested and will be tried by the international criminal court. After the 2011 elections, the situation remains worrying. the presence of ECOWAS like the continuation of sanctions are scheduled until 2012.
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