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  • From: Gisle Hannemyr <gisle AT ifi.uio.no>
  • To: cc-europe AT lists.ibiblio.org
  • Subject: Re: [Cc-europe] halftime for review
  • Date: Mon, 13 Apr 2009 14:26:51 +0200

[Please disregard my previous reply to Tomislav Medak with
no original content - I hit "send" by mistake.]

On 11.04.2009 12:03, Tomislav Medak wrote:
> John Hendrik Weitzmann wrote:
>> 4.
>>> - under Activities: to change "European legislation" into "European
>>> Union legislation"
>> ----
>>> - regarding Tomislav's comment about European legislation: why exlude the
>>> CoE-scope? "European" includes EU and CoE, while limiting ourselves to
>>> EU-jurisdictions excludes the CoE. The latter has shown some genuine
>>> interest in Public Domain and User Generated Content lately and has been
>>> working on several instruments regarding these things. I was present in
>>> several working groups at the CoE and CC was mentioned regularly (and even
>>> included in official reports). It would be unwise to ignore these entities
>>> just for the sake of focusing on the EU.

> I might be ill-informed here: my reasoning was that while we could say
> that EU legislates, i.e. produces binding norms, which are enacted into
> law by the legislature of member-countries or come into effect without
> the legislature of member-countries, CoE does that to a far lesser
> degree. But, maybe legislation as a term should be replaced with
> something wider in scope to include the recommendatory norm-production
> by bodies such as CoE. Does this make more sense?

The "activities" listed before the legislation example are "formation
of common opinions and position papers of the Members on specific issues
and questions arising on the European level" which clearly has a wider
scope than legislation, so I think that this is already covered.
Legislation is then offered as an example - I see no point in
narrowing it down to EU legislation in this particular context,
since the scope where the example is placed is wider than the EU.

On a technical note, the CoE also legislates. The European Convention
on Human Rights (ECHR), for instance, is CoE legislation and is AFIK
know binding for Member states (Norway, at least has a section in its
Constitution that says that the ECHR is binding for Norway).
--
- gisle hannemyr [ gisle{at}hannemyr.no - http://folk.uio.no/gisle/ ]
========================================================================
"Don't follow leaders // Watch the parkin' meters" - Bob Dylan




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