TITLE

Regulating ART: The Rise of a (Common?) 'Procedure-Oriented' Approach Within EU

AUTHOR(S)
Penasa, Simone
PUB. DATE
January 2012
SOURCE
Global Jurist;2012, Vol. 12 Issue 1, p-1
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The paper aims to suggest different regulatory models emerging from the comparative analysis of some national regulations on assisted reproduction technologies (ART), such as Spain, the UK, France and Italy. The aim is to identify common trends when approaching the decision-making process regarding ART, in order to answer the following questions: Is a set of common procedural principles (standards) detectable? What is their impact on the content of statutory law? The proposal is to shift from statutory content to the method of law-making process, in order to verify if it might be possible to identify a connection between the concrete characters of that process and its outcome. Therefore, the following indexes have been considered: a) the regulative space that is recognized by each jurisdiction for regulatory sources other than the statutory one, considering particularly the role of science and scientific knowledge as regulative means; b) the role of both expertise and society in the decision-making process and their impact on the content of regulation (in terms of both participation in and exclusion from that process); c) the existence of regulatory mechanisms open to expertise involvement in the law-enforcement process; d) law-making and law-evaluation mechanisms; e) the adequacy of scientific content of legislation, evaluated also on the grounds of its performance; f) the impact of expertise involvement on the degree of discretion exercised by the legislature. The comparative analysis has led to the identification of two general (and competing) models: 'procedure-oriented' and 'value-oriented' systems. The distinction is based on the degree of fulfillment of each classification index: the more they are accomplished, the more the regulative model will move towards a procedural approach. In order to describe the main characteristics of both models, it can be said that while within the 'procedure-oriented' the integration of different regulative tools prevails (albeit with different levels and mechanisms of implementation), on the contrary the 'value-oriented' model is characterized by a statutory-centered approach that excludes (or prevents) any contribution from different regulative sources. By analyzing different national legal systems (Spain, France and Italy), an attempt will be made to understand what the effects of each approach are, in terms of constitutional legitimacy, scientific adequateness and effective implementation.
ACCESSION #
94542709

 

Related Articles

  • The EU Reinsurance Directive. Evans, Alastair M // Geneva Papers on Risk & Insurance - Issues & Practice;Jan2007, Vol. 32 Issue 1, p95 

    The commentary briefly traces the history of the debate leading to the adoption of the EU Reinsurance Directive in November 2005, outlines its major provisions and attempts to assess the possible significance and impact of the Directive on the EU internal market and on the EU's relations with...

  • Privacy Notices: A Global Perspective. Abrams, Martin // Financial Executive;Mar2005, Vol. 21 Issue 2, p32 

    The article discusses issues related to the global perspective on privacy notices. Regulators worldwide are changing their definition of what constitutes an acceptable privacy notice. The European data protection commissioners, representing the 25 European Union (EU) member states, published a...

  • THE CONFLICT BETWEEN THE LEGAL INTERESTS OF THE ORIGINAL OWNER AND THE GOOD FAITH ACQUIRER OF MOVABLES - A COMPARATIVE OVERVIEW OF THE SOLUTIONS. STOYANOV, Dimitar // International Conference : CKS - Challenges of the Knowledge Soc;2015, p295 

    The present article compares the legal rules on the good faith acquisition of movables in various national legislations of both Member states and countries outside the EU, in order to analyze the differences of the three major types of legal approach towards this means of original acquisition of...

  • THE ENFORCEMENT OF JURISDICTION AGREEMENTS UNDER THE BRUSSELS I REGULATION: RECONSIDERING THE PRINCIPLE OF PARTY AUTONOMY. Steinle, Jonas; Vasiliades, Evan // Journal of Private International Law;2010, Vol. 6 Issue 3, p565 

    The article discusses the issues concerning the enforcement of jurisdiction agreements under the Brussels I Regulation in the European Union (EU). The authors discourse the legal problems rising from the unenforceability of the jurisdiction agreements under the Regulation and other related...

  • CERTAIN ASPECTS OF JOINT TRADE POLITICS OF EUROPEAN UNION IN WORLD TRADE ORGANISATION. Turčinović, Filip // Srpska Pravna Misao;2013, Issue 46, p41 

    The EU common trading policy can not be fully understood unless its relationship with the World Trade Organization is taken into consideration. The dispute settlement system is of the special importance in the domain, since numerous disputes between EU and the developed countries are settled in...

  • Research on ethics in two large Human Biomonitoring projects ECNIS and NewGeneris: a bottom up approach. Dumez, Birgit; Van Damme, Karel; Casteleyn, Ludwine // Environmental Health: A Global Access Science Source;2008, Vol. 7, Special section p1 

    Assessment of ethical aspects and authorization by ethics committees have become a major constraint for health research including human subjects. Ethical reference values often are extrapolated from clinical settings, where emphasis lies on decisional autonomy and protection of individual's...

  • THE NEW EU ECONOMIC GOVERNANCE: VERTICAL AND HORIZONTAL POWER SHIFTS. NAERT, FRANK // Journal of Self-Governance & Management Economics;2014, Vol. 2 Issue 4, p77 

    The euro crisis made visible the omitted stage in the European integration process. The EU jumped from the common market straight to the monetary union, neglecting the formation of the economic union. The new EU economic governance is a combination of a vertical shift of competences, i.e. from...

  • THE EURO: A YEAR OF PROBLEMS. Hylarides, Peter // Contemporary Review;Oct2002, Vol. 281 Issue 1641, p227 

    Reports on the introduction of the euro as the common currency of European Union (EU) countries. Setbacks to efforts to achieve unity within the EU; EU citizens' desire to retain their country; Great Britain's relations with the EU; Modes of further integration.

  • International roaming: The new EU roaming regulation. Fratini, Alessandra // Journal of Telecommunications Management;2008, Vol. 1 Issue 1, p106 

    This paper will address the latest European Union (EU) regulatory developments on mobile telephone international roaming. The new EU Roaming Regulation has been adopted by the European Parliament and the Council under a co-decision procedure of 7th June, 2007. (Regulation No. 717/2007 of the...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics