Three Generations of Participation Rights in European Administrative Proceedings

This paper develops a conceptual framework for analyzing the development of participation rights in Community administration from the early 1970\u27s to the present day. Procedural rights can be divided into three categories, each of which is associated with a distinct phase in Community history and a particular set of institutional actors. The first set of rights, the right to a fair hearing when the Commission inflicts sanctions or other forms of hardship on individuals, first emerged in the 1970\u27s in the context of competition proceedings and later in areas such as anti-dumping and structural funds. This phase was driven by the Court of Justice and an English, and to a lesser extent, German conception of the value of a fair hearing. The rise of transparency in the 1990\u27s-- the requirement of openness in all Community institutions, including administration--marks the second stage. The drive for transparency was led by certain member countries with longstanding traditions of open government--the Netherlands, Denmark, and Sweden--as well as the European Parliament. The most recent phase in the development of process rights is the debate on whether and under what conditions, individuals, firms, and their associations, billed civil society, should take part in Community legislative and rulemaking proceedings. The Commission and now the Convention on the Future of Europe have been the keenest proponents of giving citizens and their associations a right to participate in rulemaking and legislative proceedings. Civil society participation is then critically examined. Representation--not expertise or good management practices--is the only justification for allocating power, within the Community policymaking process, to individual citizens and their organizations. Yet there is no consensus in Europe, where republican, corporatist, and liberal traditions continue to flourish, on the legitimacy of representation outside of political parties and the electoral process. Without wider consensus, I conclude that associational participation in Community policymaking should not be entrenched and that the Commission should, in mediating the informal influence of civil society actors, act in awareness of its innate institutional bias toward liberal interest group pluralism

Creating European Rights: National Values and Supranational Interests

This Article develops an explanation for the emergence of individual rights before the European Commission, one of the oldest and most powerful international organizations in existence today. I argue that, in the early days of the European Community, rights before the Commission were patterned on the laws and legal traditions of the dominant Member States. Changing political circumstances largely outside the control of the Commission and other European institutions gave rise to a number of discrete, historical challenges to their authority. Most of these challenges came from citizens with allegiances to minority, national constitutional symbols and practices who were determined to retain them in the face of European integration. To preserve and extend their authority, European institutions adopted these constitutional ideals and hence altered the nature of European rights. In developing this explanation, I draw upon a number of theories in political science. One of the longest-running debates over European integration is the balance between sovereign states and supranational institutions in setting the pace of European integration. While some scholars argue that traditional state interests and the balance of power among states are critical, others take supranational institutions--and their interest in expanding their powers and pushing forward integration--as the decisive force behind integration. My review of the origins of rights before the Commission shows that both sets of actors, at different points in time, were agents of rights. More importantly, the empirical analysis brings to light two important constraints on the ability of states and supranational institutions to design European rights to their advantage, often overlooked in the political science literature. The first is history writ large: understandings of fair and democratic government developed within the nation-state and representing the accumulation of experiences, beliefs, and norms over generations. The second is history writ small: episodic, external challenges to the authority of European institutions that serve as the context in which such institutions further their interests. These factors should be taken into account in explaining the rights that define what it is to be a European citizen today

Civil Society and International Organizations: A Liberal Framework for Global Governance

An earlier draft of this Article was presented at a faculty workshop at the University of Illinois College of Law. (Author\u27s Manuscript, March 2005) This analysis of how civil society can contribute to a better system of global governance draws on the political philosophy of civil society and the comparative law of democracy. Its first part describes the civil society phenomenon in three different international organizations: the World Bank, the World Trade Organization, and the European Union. Part Two puts forward the moral principle upon which my argument rests: liberal democracy. The next part sets the stage for the discussion of contemporary liberal theories of civil society by reviewing the history of the concept. Part Four critically examines the four dominant theories of citizen associations and their contribution to the good life in democratic societies. These theories serve as the basis for evaluating the pro-civil society reforms that have been made to date in international organizations and for suggesting additional areas of improvement. Yet the review of the literature also demonstrates, somewhat surprisingly, that the political philosophers and the civil society activists are talking past one another: the theory does not address head-on the question whether associations should be represented in public decisionmaking. For civil society theory, the democratizing potential of civil society lies in collective life outside the state. Thus, Part Five explores the comparative law of contemporary democracies and shows that interest and identity groups can participate in public life in at least three different ways: pluralism, corporatism, and republicanism. The concluding section returns to the institutional reform of international organizations. In view of the premises and ideals that inform different cultures of democracy and the realities of politics in the international realm, I argue that the public law of corporatism is the most appropriate for today\u27s international organizations

Galactic arm structure and gamma ray astronomy

Unexpectedly high energy gamma radiation over a broad region of the galactic plane in the general direction of the galactic center was observed. A model is proposed wherein the galactic cosmic rays are preferentially located in the high matter density regions of galactic arm segments, as a result of the weight of the matter in these arms tieing the magnetic fields and hence the cosmic rays to these regions. The presently observed galactic gamma ray longitudinal distribution can be explained with the current estimate of the average galactic matter density: if the average arm to interarm matter ratio is five to one for the major arm segments toward the galactic center from the sun; and if the cosmic ray density normalized to its local value is assumed to be directly proportional to the matter density

High energy galactic gamma radiation from cosmic rays concentrated in spiral arms

A model for the emission of high energy ( 100 MeV) gamma rays from the galactic disk was developed and compared to recent SAS-2 observations. In the calculation, it is assumed that (1) the high energy galactic gamma rays result primarily from the interaction of cosmic rays with galactic matter; (2) on the basis of theoretical and experimental arguments the cosmic ray density is proportional to the matter density on the scale of galactic arms; and (3) the matter in the galaxy, atomic and molecular, is distributed in a spiral pattern consistent with density wave theory and the experimental data on the matter distribution

SAS-2 observations of the high energy gamma radiation from the Vela region

Data from a scan of the galactic plane by the SAS-B high energy gamma ray experiment in the region 250 deg smaller than 12 smaller than 290 deg show a statistically significant excess over the general radiation from the galactic plane for gamma radiation of energy larger than 100 MeV. If the enhanced gamma radiation results from interactions of cosmic rays with galactic matter, as the energy spectrum suggests, it seems reasonable to associate the enhancement with large scale galactic features, such as spiral arm segments in that direction, or with the region surrounding the Vela supernova remnant with which PSR 0833-45 is associated. If the excess is attributed to cosmic rays released from the supernova interacting with the interstellar matter in that region, than on the order of 3 x 10 to the 50th power ergs would have been released by that supernova in the form of cosmic rays

SAS-2 observations of the galactic gamma radiation from the Vela region

Data from a scan of the galactic plane by the SAS-2 high energy gamma ray experiment in the region 250 deg l2 290 deg show a statistically-significant excess over the general radiation from the galactic plane for gamma radiation of energy 100 MeV in the region 260 deg l2 270 deg and -7.5 deg b2 0 deg. If the enhanced gamma radiation results from interactions of cosmic rays with galactic matter, as the energy spectrum suggests, it seems reasonable to associate the enhancement with large scale galactic features, such as spiral arm segments in that direction, or with the region surrounding the Vela supernova remnant, with which PSR 0833-45 is associated. If the excess is attributed to cosmic rays released from this supernova interacting with the interstellar matter in that region, then on the order of 3.10 to the 50th power ergs would be released by that supernova in the form of cosmic rays

Long-term placement of continuous popliteal nerve block catheter for management of a wounded patient in a combat field environment: A case report

Continuous peripheral nerve block is a relevant part of multimodal treatment of postoperative pain. In this context the continuous popliteal nerve block is described as an option for postoperative pain management for surgical procedures on the leg, and particularly on the ankle and foot. We applied continuous popliteal nerve block for different types of anesthesia and postoperative pain management via the same catheter. No clear evidence of this specific use has been described in the literature. A 38 year-old patient wounded in combat with a displaced fracture of left tibia and extensive loss of substance needed orthopedic surgeries as well as several reconstructive procedures. A continuous popliteal nerve block was applied via ultrasound-guided catheter for anesthesia at different times, and postoperative pain control for all surgical procedures. The continuous popliteal nerve block and its long-term positioning, of non-common evidence in literature, was utilized to treat a poly-traumatized patient, thereby avoiding repeated general anesthesia and opioid use and their adverse effects. This technique, within a complicated combat field environment, was demonstrated to be clinically effective with high patient satisfaction