scholarly journals Freedom of Commercial Expression and Public Health Protection in Europe

2010 ◽  
Vol 12 ◽  
pp. 225-256
Author(s):  
Amandine Garde
Keyword(s):  
Public Health ◽  
The United States ◽  
Health Protection ◽  
Comparative Approach ◽  
The European Union ◽  
Public Authorities ◽  
Goods And Services ◽  
The Right ◽  
High Level ◽  
Public Health Protection

Abstract This chapter focuses on the extent to which public health has been relied upon by the EU legislature or by Member States of the European Union to limit the freedom of commercial operators to promote their goods and services. First, it discusses why courts in the United States and in Europe have ruled that the freedom of commercial operators to advertise their goods and services should be protected, in light of the fundamental role advertising plays in a liberal market economy. It shows that freedom of commercial expression has been made conditional upon the disclosure of sufficient and reliable information to consumers, thus reflecting a model of consumer protection based on the well-informed and reasonably circumspect consumer. Secondly, it addresses the more controversial question of the extent to which public health may be invoked as an overriding requirement of public interest to curtail the right of commercial operators to promote their goods and services. The approach of the Court of Justice is compared with that taken by the US Supreme Court. This comparative approach highlights the differences between the two: the former is very reluctant to exercise its review powers, while the latter has made it excessively difficult for public authorities to impose any meaningful advertising restrictions. It is argued that neither court has been able to strike a suitable balance between, one the one hand, the need to review the validity of restrictions imposed by public authorities on commercial speech to ensure a high level of public health protection and, one the other hand, the need to ensure that courts do not substitute their assessment to that of the legislature in exercising their judicial review powers. A more balanced approach is required to ensure the adequate protection of consumer health.

scholarly journals Freedom of Commercial Expression and Public Health Protection in Europe

2010 ◽  
Vol 12 ◽  
pp. 225-256 ◽  
Author(s):  
Amandine Garde
Keyword(s):  
Public Health ◽  
The United States ◽  
Health Protection ◽  
Comparative Approach ◽  
The European Union ◽  
Public Authorities ◽  
Goods And Services ◽  
The Right ◽  
High Level ◽  
Public Health Protection

AbstractThis chapter focuses on the extent to which public health has been relied upon by the EU legislature or by Member States of the European Union to limit the freedom of commercial operators to promote their goods and services. First, it discusses why courts in the United States and in Europe have ruled that the freedom of commercial operators to advertise their goods and services should be protected, in light of the fundamental role advertising plays in a liberal market economy. It shows that freedom of commercial expression has been made conditional upon the disclosure of sufficient and reliable information to consumers, thus reflecting a model of consumer protection based on the well-informed and reasonably circumspect consumer. Secondly, it addresses the more controversial question of the extent to which public health may be invoked as an overriding requirement of public interest to curtail the right of commercial operators to promote their goods and services. The approach of the Court of Justice is compared with that taken by the US Supreme Court. This comparative approach highlights the differences between the two: the former is very reluctant to exercise its review powers, while the latter has made it excessively difficult for public authorities to impose any meaningful advertising restrictions. It is argued that neither court has been able to strike a suitable balance between, one the one hand, the need to review the validity of restrictions imposed by public authorities on commercial speech to ensure a high level of public health protection and, one the other hand, the need to ensure that courts do not substitute their assessment to that of the legislature in exercising their judicial review powers. A more balanced approach is required to ensure the adequate protection of consumer health.

scholarly journals Human Rights and the Same-Sex Marriage Debate in Australia

2017 ◽  
Vol 10 (4) ◽  
pp. 60
Author(s):  
Bede Harris
Keyword(s):  
Human Rights ◽  
John Rawls ◽  
The United States ◽  
Comparative Approach ◽  
Heterosexual Couples ◽  
Same Sex ◽  
Political Debate ◽  
Same Sex Marriage ◽  
Goods And Services ◽  
The Right

Australia is currently confronting the issue of whether to legalise same-sex marriage. Thus far debate has been conducted with little reference to human rights theory. This article draws on the theories of John Rawls and John Stuart Mill and analyses whether, by confining the right to marry to heterosexual couples, the law infringes the right to privacy and, conversely, whether the legalisation of same-sex marriage would infringe religious rights of those who are unwilling to provide goods and services to same-sex couples. In so doing, the article adopts a comparative approach, drawing on case law from the United States. The article examines the way in which political debate on the issue has been conducted by the major parties in Australia, and concludes that both the Liberal-National coalition and the Labor party have been motivated by a desire to appease the religious right within their ranks, at the expense of human rights principles.

scholarly journals FINANCIAL ASPECTS OF THE PUBLIC HEALTH PROTECTION SYSTEM

2020 ◽  
Vol 137 ◽  
pp. 55-59
Author(s):  
Polina ANANCHENKOVA ◽  
◽  
Natalya KAMYNINA ◽  
Keyword(s):  
Public Health ◽  
Quality Of Life ◽  
Health Care ◽  
Medical Care ◽  
Health Protection ◽  
Modern State ◽  
The Public ◽  
High Level ◽  
Public Health Protection

The article deals with current issues of financing Russian health care, the implementation of which will ensure the effective functioning of the system of public health protection. In the structure of a modern state, the security of any country is based on effectively functioning defense and health systems that ensure stability and a high level of quality of life for citizens. Therefore, the system for ensuring public health should not receive funding on a residual basis, and the mechanism for providing medical care and preventing morbidity should be based on market principles.

Regulatory coherence in the transatlantic trade and investment partnership agreement: the case of chemicals

elni Review ◽  
2014 ◽  
pp. 39-43
Author(s):  
Vito A. Bounsante
Keyword(s):  
The United States ◽  
The European Union ◽  
Transatlantic Trade ◽  
Regulatory Cooperation ◽  
Chemicals Regulation ◽  
Partnership Agreement ◽  
The One ◽  
The Right ◽  
High Level ◽  
Trade And Investment

The beginning of the negotiations for a trade and investment partnership agreement between the European Union and the United States of America was announced in February 2014 by the US president Barack Obama. Unlike traditional trade agreements the TTIP aims to include a “regulatory cluster” in the form of a regulatory coherence annex that should include procedures to minimize differences in regulation. However, the regulatory coherence chapter, according to the negotiators on both sides, will not impair each parties’ right to regulate. Therefore, diverging regulations will be allowed in order to protect health, safety, consumer, workers and the environment. Finally, the negotiators also state that no changes will be made to existing regulations. It seems apparent that these two objectives – coherence and the right to regulate, – are in stark contrast with each other. On the one hand, there is the goal to avoid and eliminate trade barriers; on the other hand, the high level of protection of EU citizens should not be undermined; in addition, no change in basic regulations is foreseen. This article outlines some difficulties in seeking regulatory coherence chapter whilst at the same time maintaining the right to choose different levels of protections. After discussing the problem of lack of transparency in the negotiations, the article focuses on the implications of regulatory cooperation for health and environmental legislation. In particular this article focuses on the case of the chemicals regulation for which discussions have advanced more in the negotiations thus far and for which there are wide differences in terms of regulations.

Anti-System Politics

2020 ◽  
Author(s):  
Jonathan Hopkin
Keyword(s):  
Comparative Approach ◽  
The European Union ◽  
Political Systems ◽  
The United Kingdom ◽  
The Us ◽  
Long Term Result ◽  
The Rich ◽  
Dramatic Shift ◽  
To Come ◽  
The Right

Recent elections in the advanced Western democracies have undermined the basic foundations of political systems that had previously beaten back all challenges—from both the Left and the Right. The election of Donald Trump to the US presidency, only months after the United Kingdom voted to leave the European Union, signaled a dramatic shift in the politics of the rich democracies. This book traces the evolution of this shift and argues that it is a long-term result of abandoning the postwar model of egalitarian capitalism in the 1970s. That shift entailed weakening the democratic process in favor of an opaque, technocratic form of governance that allows voters little opportunity to influence policy. With the financial crisis of the late 2000s, these arrangements became unsustainable, as incumbent politicians were unable to provide solutions to economic hardship. Electorates demanded change, and it had to come from outside the system. Using a comparative approach, the text explains why different kinds of anti-system politics emerge in different countries and how political and economic factors impact the degree of electoral instability that emerges. Finally, it discusses the implications of these changes, arguing that the only way for mainstream political forces to survive is for them to embrace a more activist role for government in protecting societies from economic turbulence.

scholarly journals States, firms, and security: How private actors implement sanctions, lessons learned from the Netherlands

2021 ◽  
pp. 1-20
Author(s):  
Francesco Giumelli ◽  
Michal Onderco
Keyword(s):  
United States ◽  
European Union ◽  
United Nations ◽  
The United States ◽  
United Nations Security Council ◽  
The European Union ◽  
Public Authorities ◽  
For Profit ◽  
The United Nations ◽  
Private Actors

Abstract While the current practice of the United Nations Security Council, the European Union, and the United States leans towards imposing only targeted sanctions in most of the cases, private actors often complain about inability to process financial transactions, ship goods, or deliver services in countries where sanctions targets are located. The impact of sanctions often ends up being widespread and indiscriminate because sanctions are implemented by for-profit actors. This article investigates how for-profit actors relate to the imposition of sanctions, how they reflect them in their decisions, and how they interact with the public authorities. The findings of our research show that for-profit actors, with the possible exception of the largest multinationals, do not engage with public authorities before the imposition of sanctions. The behaviour of for-profit actors in the implementation phase is in line with the assumption of firms and business as profit-maximisers. Weighting the profits from business against the costs of (non-)compliance and make the decisions that in their view maximise their profit. Indeed, de-risking seems to be the most common approach by the companies due to the uncertainties produced by the multiple and overlapping sanctions regimes imposed by the United Nations, the European Union, and the United States.

scholarly journals Increase in hepatitis A cases in the Czech Republic in 2008 - preliminary report

2008 ◽  
Vol 13 (40) ◽  
Author(s):  
K Fabianova ◽  
J Cástková ◽  
C Beneš ◽  
J Kyncl ◽  
B Kriz
Keyword(s):  
Public Health ◽  
Czech Republic ◽  
Viral Hepatitis ◽  
Preliminary Report ◽  
Hepatitis A ◽  
Health Protection ◽  
The Czech Republic ◽  
The Public ◽  
Viral Hepatitis A ◽  
Public Health Protection

The public health protection authorities in the Czech Republic report a rise in cases of viral hepatitis A (HAV) since the end of May 2008. In total, as many as 602 HAV cases have been reported in 2008 until the end of calendar week 39 (28 September).

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