National Implementation Legislation Research Articles

Assessment of the Dutch Rules on Health Data in the Light of the GDPR.

In 2021, the European Commission published its Assessment of the EU Member States' rules on health data in the light of General Data Protection Regulation. The Commission concluded that the GDPR has been interpreted in many ways in the EU as regards health research, and national implementation legislation has resulted in a fragmented legal landscape. Several lawful bases are used as a legitimation for the secondary use of health data. I address the Dutch legislation on the re-use, or secondary use of health data for scientific research where explicit consent is the general rule. However, both the GDPR, the Dutch GDPR Implementation Act and sectoral health legislation leave room for alternatives. I conclude that a further review of these alternatives is required to enhance scientific health research with the secondary use of health data, and I sketch a few avenues for further exploration.

Defining ‘Family Members’ of EU Citizens and the Circumstances under Which They Can Rely on EU Law

Abstract The present article deals with the legal concept of family members of EU citizens in EU and national legislation. In particular, it examines the legal definition of family in Directive 2004/38, as well as the way the Court of Justice of the EU has interpreted the relevant provisions of the Directive. Not least, the present article focuses on the circumstances under which these persons may qualify as family members according to the case law of the CJEU. As for the research at national level, the present study examines the way the same issues are regulated in national implementing legislation of Spain. The article concludes that although the definition of family in Directive 2004/38 is still focused on a formal and traditional family model, the CJEU has quite progressively adopted a more expansive interpretation in relation to this concept. Regardless of this finding, this article argues that a more de facto approach is still necessary in order for the applicable rules to become more compatible with the reality of personal relations nowadays but also with the international human rights standards.

ICOs, Cryptoassets and MiFID II: Are Tokens Transferable Securities?

Following the recent popularity of Initial Coin Offerings (ICOs) as a form of obtaining funds in the financial market on the one hand and investment opportunity on the other, and related investor protection concerns, regulatory issues arise. The crucial question relates to the legal nature of tokens as units issued through an ICO under the EU capital markets regulatory regime. Especially, when certain categories of tokens, namely asset tokens, have similar characteristics as conventional securities. The present paper deals with the following research question: Shall such tokens be regarded as transferable securities within the meaning of the Markets in Financial Instruments Directive II, as well as implementing national legislations? Based on the analysis of the defining characteristics of transferable securities, the paper provides the positive answer. Indeed, the asset tokens should be regarded as transferable securities within the meaning of MiFID II and treated like that at the EU level, because they generally meet the defining characteristics of this category of financial instruments. Moreover, due to the autonomous interpretation of EU law concept of a transferable security, this conclusion applies to the specific national implementing legislation as well, irrespective whether the asset tokens are considered as securities or book-entry securities under the Member State’s general law.

Twenty Years of the Rome Statute of the International Criminal Court: Appraising the State of National Implementing Legislation in Asia

Abstract The International Criminal Court relies on its State Parties to incorporate, or implement, its constituent instrument, the Rome Statute, into their domestic legal systems to enable its effective functioning. First, State Parties are obliged to give effect to their explicit obligation to cooperate with the Court under the Rome Statute. Second, although not required to do so, to avoid their national legal systems being found by the Court to be unable to investigate and/or prosecute the crimes under its jurisdiction in accordance with the principle of complementarity, they should also implement the definition and prohibition of these offences in their national legal frameworks. This article appraises the status of the domestic implementation of the Rome Statute, both crimes and cooperation, in Asia. The article concludes that few Asian State Parties to the Rome Statute have incorporated the treaty’s provisions into their domestic laws in a holistic manner, with the absence of cooperation legislation, enabling State Parties to assist the Court, particularly striking.

Implementation of the Rome Statute in Slovenia

The paper analyses the Slovenian legislation on the implementation of the Rome Statute of the International Criminal Court and discusses whether Slovenia will be able to carry out investigations and prosecutions into crimes against international law as well as to cooperate with the International Criminal Court. The paper was produced as part of the Project on National Implementation Legislation (PINIL). Eight country analyses forming part of this project are published in a symposium in volume 16 (2005) of the Finnish Yearbook of International Law, and five further country analyses are available on SSRN.

Implementation of the Rome Statute in Spain

The paper analyses the Spanish legislation on the implementation of the Rome Statute of the International Criminal Court and discusses whether Spain will be able to carry out investigations and prosecutions into crimes against international law as well as to cooperate with the International Criminal Court. The paper was produced as part of the Project on National Implementation Legislation (PINIL). Eight country analyses forming part of this project are published in a symposium in volume 16 (2005) of the Finnish Yearbook of International Law, and five further country analyses are available on SSRN.

Implementation of the Rome Statute in the Netherlands

The paper analyses the Dutch legislation on the implementation of the Rome Statute of the International Criminal Court and discusses whether the Netherlands will be able to carry out investigations and prosecutions into crimes against international law as well as to cooperate with the International Criminal Court. The paper was produced as part of the Project on National Implementation Legislation (PINIL). Eight country analyses forming part of this project are published in a symposium in volume 16 (2005) of the Finnish Yearbook of International Law, and five further country analyses are available on SSRN.

Implementation of the Rome Statute in Norway

The paper analyses the Norwegian legislation on the implementation of the Rome Statute of the International Criminal Court and discusses whether Norway will be able to carry out investigations and prosecutions into crimes against international law as well as to cooperate with the International Criminal Court. The paper was produced as part of the Project on National Implementation Legislation (PINIL). Eight country analyses forming part of this project are published in a symposium in volume 16 (2005) of the Finnish Yearbook of International Law, and five further country analyses are available on SSRN.

Implementation of the Rome Statute in Bulgaria

The paper analyses the Bulgarian legislation on the implementation of the Rome Statute of the International Criminal Court and discusses whether Bulgaria will be able to carry out investigations and prosecutions into crimes against international law as well as to cooperate with the International Criminal Court. The paper was produced as part of the Project on National Implementation Legislation (PINIL). Eight country analyses forming part of this project are published in a symposium in volume 16 (2005) of the Finnish Yearbook of International Law, and five further country analyses are available on SSRN.

Implementation of the Rome Statute of the International Criminal Court in Latvia

The paper analyses the Latvian legislation on the implementation of the Rome Statute of the International Criminal Court and discusses whether Latvia will be able to carry out investigations and prosecutions into crimes against international law as well as to cooperate with the International Criminal Court. The paper was produced as part of the Project on National Implementation Legislation (PINIL). Eight country analyses forming part of this project are published in a symposium in volume 16 (2005) of the Finnish Yearbook of International Law, and five further country analyses are available on SSRN.

Implementation of the Rome Statute in the Czech Republic

The paper analyses the need for legislative reform in the Czech Republic once it will have ratified the Rome Statute of the International Criminal Court. The paper was produced as part of the Project on National Implementation Legislation (PINIL). Eight country analyses forming part of this project are published in a symposium in volume 16 (2005) of the Finnish Yearbook of International Law, and five further country analyses are available on SSRN.

PINIL - Project on ICC National Implementation Legislation: Questionnaire

After the coming into force of the Rome Statute on 1 July 2002, the focus of academics, governments and the NGO community has shifted to the implementation of the Rome Statute in domestic jurisdictions. In recognition of this fact a group of young lawyers and former delegates to the ICC Preparatory Commissions created the on ICC National Implementation Legislation (PINIL) to examine how national criminal law adapts to the Rome Statute.The Project involved over 30 researchers in 15 European countries, ranging from Albania to the UK. Matthias Goldmann (Germany), Rain Liivoja (Estonia), Cornelia Schneider (Germany/UK), Ann Swampillai (UK) and Isabelle Walther (Germany) coordinated the project. The research was based on a questionnaire, drafted by Matthias Goldmann and Simon P. Olleson with the support of the entire team, which is contained in the paper. Accordingly, the authors of each country analysis were asked to address the following two issues: 1) Is the State Party in a position to carry out proceedings at the national level thereby excluding the possibility of the ICC exercising its jurisdiction? (Principle of Complementarity)2) Is the State Party in a position to comply with its obligations to co-operate with the ICC as detailed in the Rome Statute? (Co-operation)A compendium of eight country analyses has been published in volume 16 (2005) (appeared in 2008) of the Finnish Yearbook of International Law (FYBIL). This symposium covers Albania, Belgium, Estonia, Finland, Germany, Italy, Russia, and the UK.Seven additional country analyses have been made available on SSRN:Bulgaria: http://ssrn.com/abstract=996515Czech Republic: http://ssrn.com/abstract=996513Latvia: http://ssrn.com/abstract=928333Netherlands: http://ssrn.com/abstract=996521 Norway: http://ssrn.com/abstract=996523 Slovenia: http://ssrn.com/abstract=996524 Spain: http://ssrn.com/abstract=996525A cross-cutting article by Matthias Goldmann which compares and evaluates the outcomes of the country analyses has been published in vol. 16 of the Finnish Yearbook of International Law. A pre-print version of this article is available on SSRN: http://ssrn.com/abstract=1348698

The role of research when implementing European environmental legislation at the national level

The role of research in devising and implementing rules and regulations at both the international and national level is analysed on the basis of three contrasting policy issues, i.e., the EU habitat guideline, the EU nitrate guideline and the Dutch policy to reduce the risks of future river flooding. The required implementation of the EU habitat and nitrate guidelines at national level has been cumbersome in the Netherlands as evidenced by protesting and highly reluctant stakeholders. Both guidelines were established with relatively little input from the Dutch government, which underestimated their potential impact. Once established by EU law, stakeholders were not involved in policy preparation and this has been one reason why they experienced the guidelines as being top-down and arbitrary in character. In response to this, the government has attempted to soften the impact of the habitat guideline but the European Court has overturned such modifications three times. Seven years after establishment of the nitrate guideline, national implementation legislation on mineral bookkeeping was introduced in terms of a mineral bookkeeping system that was only indirectly related to groundwater quality, the main focus of the nitrate guideline. The bookkeeping system, together with additional measures, has been reasonably successful to cut back fertilization rates but not sufficient to satisfy EU requirements. As the bookkeeping rules were enforced, farmers and scientists jointly developed innovative systems of manure production and handling, which were not accepted, as they did not fit within the rules. Thus, the opportunity was missed to allow farmers and scientists to ‘design’ innovative management systems that could satisfy the groundwater quality criteria. In contrast to the above cases, a modern policy approach is being followed when dealing with the risk of future river flooding at a time when European legislation has not yet been established. Here, proactive signalling is being followed by policy preparation including intensive interaction (‘joint learning’) with all stakeholders. A number of options for solutions are being explored including economic, social and ecological trade-offs for each option. This can serve as a solid basis for the decisions to be made later, and to be followed by implementation. Active involvement of researchers in policy preparation and implementation but not in decision-making is seen as an attractive manner to guard the independence of science and make it more effective and visible when dealing with societal problems.

South Africa and the International Criminal Court

In view of the post- apartheid re-incorporation of South Africa into the international community and the government’s commitment, in principle at least, to honour the country’s international obligations, the ratification of not only the major multilateral human rights conventions, but also the 1977 Geneva Protocols became a reality in the few years following the first democratic elections in 1994. Of special significance though, is the ratification on 10 November 2000 of the Rome Statute of the International Criminal Court (ICC Statute) and the subsequent drafting of national implementation legislation, which is about to become law as the International Criminal Court Bill 2001. These latter developments form the subject-matter of this article, but before the substantive issues are further dealt with, the broader constitutional and policy issues are taken note of.

The cross-fertilization of international humanitarian law and international refugee law

RésuméLes liens entre le droit international des réfugiés et le droit international des droits de l'homme sont étroits. Il en est de même entre le droit international des réfugiés et le droit international humanitaire. À l'aide de deux exemples, l'auteur met en évidence l'interdépendance de ces deux branches du droit. Il démontre d'abord que la situation juridique de la victime d'un conflit armé et celle du réfugié ne sont pas identiques, même si elles sont étroitement liés, et soulève ainsi la question de l'application cumulative des deux orders juridiques. Il examine ensuite un deuxième point d'interaction entre ces deux ordres, à savoir le sort juridique des personnes qui ont fui leur pays d'origine à cause de violations graves du droit international humanitaire (crimes de guerre) et établit finalement que droit humanitaire et droit des réfugiés non seulement peuvent s'appliquer simultanément, mais encore s'influencent mutuellement.

National Implementing Legislation for the Chemical Weapons Convention: The Experience of the First Two Years

‘We are witnessing today an historic event. An entire category of weapons of mass destruction has been banned by the Chemical Weapons Convention … Pause for a moment, if you will, and consider the symbolism, but more importantly the significance of this act. It is not merely a great step in the cause of disarmament and nonproliferation. It is not merely a signal of restraint and discipline in war. It is much more. It is a momentous act of peace.’

Review of national implementing legislation

Review of national implementing legislation