News UK Association for European Law

The UK Association for European Law (UKAEL/FIDE) is 'Horizontal Direct Ejfect' of Treaty Freedoms - Goods and Services holding two conferences and a lecture this year. Those involved Jukka Snell, King's College London with the Association include Dr Mads Andenas, Senior Research Fellow in Company and Commercial Law at the Institute of Financial Services: Liberalisation and deregulation Advanced Legal Studies. Professor Jan Dalhuisen, University of Utrecht and King's O College London The officers of the Association are: President: Rt Hon Lord Slynn of Hadley; Vice-Presidents: Hon Judge Christopher Financial Services, Taxation and Monetary Movements Bellamy, Hon Judge David Edward, Baroness Elles, Hon Professor John A Usher, University of Edinburgh Advocate General Francis Jacobs; Hon Treasurer: David Vaughan QC; Hon Secretary: Dr Mads Andenas. Secretary: Giving Ejfect to the Right to Provide Services: the Financial Services WC2R 2LS. Directives and the Treaty Freedoms Eva Evans MBE,' King'so College,o ' London Tel/fax: 0171 722 9746; e-mail: [email protected]. George Walker, Queen Mary and Westfield College London

Full details of the three events are given below. The Home Country Control Principle in the Financial Services Directives and the Case Law Professor Eva Lomnicka, King's College London THE RIGHT TO PROVIDE SERVICES IN EC LAW - TOWARD A UNIFIED FREEDOM The General Good Exceptions in the Directives, the Commission JURISPRUDENCE? Communications and the Case Law Conference: Monday 24 May 1999 Mads Andenas, King's College London and Michel Tison, Chancellors Hall, Senate House, University of London University of Gent

The Rt Hon Lord Slynn of Hadley, David Vaughan QC and The Hon Judge David Edward in the chair. EMU: LEGAL ASPECTS OF THE EUROPEAN CENTRAL BANK - Toward a Unified Freedom The Right to Provide Services in EC Law Conference: Friday 18 June 1999 < Jurisprudence? Darwin Theatre, University College, London Introduction by The Rt Hon Lord Slynn of Hadley The Rt Hon Lord Slynn of Hadley in the chair A Critical Assessment of the European Court ofJustice s Case Law on Erwin Nierop, Deputy General Counsel and Head of the Services Financial Law Division, ECB Professor Wulf-Henning Roth, University of Bonn and The Creation of A New Corpus Juris of Monetary Law in the Professor Derrick Wyatt QC, University of Oxford. Preparation of Stage Three and the Following Further Legislative and Comments by Professoj Walter Baron van Gerven and Contractual Harmonisation across Europe

Professor Martijn van Empel, University of Amsterdam Martin Thomas, Senior Legal Counsel, ECB International Liberalisation of Services and the EU: The Treaty Interpretation of the Treaty Objectives and the ECB Freedoms in the Mirror of Leuven Professor Jan Wouters, University Professor Paul Craig, University of Oxford and Professor Takis Tridimas, University of Southampton Where is the Service Provided? - EU Law and the WTO Judicial Review of the European Central Bank Professor Marc Dassesse, Free University of Brussels, McKenna and Cuneo LLR Comments by Professor Takis Dr Vittorio di Bucci (Referendaire to Judge Mancini in the Tridimas, University of Southampton and Professor Piet European Court) Eeckhout, King's College, London The Court ofJustice and the European Central Bank

Anxieties About Over Reliance on the Principle of Home Country Control Christos Hadjiemannuil, London School of Economics in the Cross Border Provision of Services Paper to be confirmed Professor Stephen Weatherill, University of Oxford

WHAT IS A LEGAL ACT OF THE ECB? Does the Service Economy Require a Market Society? Some Views on art. 30 and 59 Professor John A Usher, University of Edinburgh Damian Chalmers, London School of Economics Acts of the ECB - who does what? Rosa Maria Lastra, Queen Mary and Westfield College, London THE COURT OF FIRST INSTANCE AFTER The ECB and the National Central Banks THE FIRST TEN YEARS Annual Lecture: Thursday 4 November 1999, 6 pm Mads Andenas and Michel Tison, University of Gent Great Hall, King's College, London The European Central Bank and Banking Supervision: how will home country control hold up? The Hon Judge Koenraad Lenaerts Court of First Instance of the European Communities, Professor Marc Dassesse, Free University of Brussels, Luxembourg McKenna and Cuneo LLP The ECB, Lender oj Last Resort and State Aid Professor at the Katholieke Universiteit Leuven; Visiting Professor at the universities of Burundi, Strasbourg and Professor Jan Wouters, University of Leuven Harvard; Professor at the College of Europe, Bruges; Member of ECB and Payments the Brussels Bar; Member of the International Relations Council of the Katholieke Universiteit Leuven; Judge at the Court of First Further papers will be given by Instance since 1989. Rene Sniits, the Dutch Central Bank, and officials of the Bank of England, the European Central Bank, the The chair will taken by The Rt Hon Lord Slynn of European Commission and Council Hadley. ®

Statute Law Society AGM

The Statute Law Society will hold its AGM on Wednesday Anyone wishing to attend the lecture should contact 5 May 1999 in the Crypt, Old Hall, Lincoln's Inn. Juliet Fussell, Secretary, Statute Law Society, This will be followed at 6.00 pm by a lecture given by The Rt 1 7 Russell Square, London, WC1B 5DR. Hon The Lord Millet entitled Legislative Drafting: a Judges Tel: 0171 637 1731;fax: 0171 637 5216; Reaction. e-mail: jfussell@sas. ac. uk. @ W G Hart Legal Workshop 1999 Legal regulation of the employment relation

Tuesday 6 July - Thursday 8 July 1999 This perspective differs from most contemporary approaches Academic Directors to labour law studies in a number of respects. It resists the idea that the foundation of employment law lies in the private law of Professor Hugh Collins, Professor of English Law, London contract and tort, and emphasises instead the public, regulatory School of Economics character of labour laws. It also resists an analysis of the Professor Paul L Davies, Cassell Professor of Commercial problems addressed by labour law in terms of the rights of the Law, London School of Economics parties and instead develops a policy analysis and considers Professor Roger Rideout, Faculty of Law; University College problems of implementation and compliance. Within this bargaining between trade London framework,7 for instance, collective o o unions and employers is not analysed as a basic right or freedom, If you would like to attend the workshop, please register your but rather is perceived as a tool of regulation, in this case self- interest with: regulation, which may be especially effective in implementing Belinda Crothers, Academic Assistant, Institute of Advanced Legal certain types of policy goals. Studies, 1 7 Russell Square, London, WC1B 5DR; tel: 0171 637 1731; fax: 0171 580 9613; e-mail: [email protected]. The topic therefore covers the whole of the traditional list for further This will ensure that youJ are on the mailingo discipline of labour law (both collective and individual information. employment law aspects) and perhaps extends it by suggesting explorations of overlaps with other fields of legal study, such as CALL FOR PAPERS social security, taxation, and company law, but the theme of the The aim of the Workshop is to examine issues in labour law workshop tries to focus attention on a particular way of from the perspective of \iewing its task as the regulation of a exploring contemporary issues regarding the law and the particular kind of contractual relation (contract of employment) employment relation. The topic invites comparative labour law and the institutional framework (e.g. trade unions, collective studies, interdisciplinary studies, theoretical explanations and bargaining, managerial hierarchies, government departments empirical studies. We suggest the following themes might prove and agencies) within which it operates. helpful, though we welcome other suggestions. Themes (6) The effects of particular regulatory policies on the market. (1) Justifications for regulation (and deregulation) of the employment relation and the labour employment relation. (7) Redesigning the institutions of the employment relation including the corporate form with a view to improving (2) The variety and effectiveness of regulatory techniques. regulatory compliance. (3) The role of trade unions and social dialogue in devising (8) European regulation of the employment relation: the and implementing regulatory standards. tension between social and competition policies. (4) The merits of analysing labour law as a form of regulation of business. Ifyou are interested in presenting a paper to the workshop, please contact: (5) The advantages and disadvantages of transnational and Professor Hugh Collins, Department of Law, London School of Economics, international regulation of labour standards. Houghton Street London, WC2A 2AE; e-mail: [email protected].

IALS Lectures Evening Seminars

Wednesday 5 May 1999, 6pm Wednesday 19 May, 5.45pm SHEENA MCMURTRIE ROBERT DRURY Lecturer in Law, University of Buckingham; Visiting Fellow, Director of Postgraduate Studies, School of Law, University of School of Advanced Study. Exeter The ombudsman device in the public sector in the United Kingdom and The prospect for a European private company the United States Wednesday 26 May, 5.45pm TUESDAY 25 MAY, 6pm DR ALAN DIGNAM DR NEIL ANDREWS Lecturer in law, Queen Mary & Westfield College, University of School of Law, University of Canberra, Australia London Nothing stays still: electronic securities regulation in the People s Exporting corporate governance: the UK and its impact on global Republic of China, the Hong Kong Special Administrative Region and corporate governance standards Australia Thursday 10 June, 5.45pm FINANCIAL REGULATION PROFESSOR BRIAN CHEFFINS S J Berwin Professor of Corporate law, University of Cambridge Thursday 6 May, 5.45pm Evaluating UK corporate governance reform: an international perspective SIMON MORRIS Partner, Cameron McKenna Monday 21 June, 5.45pm When it all goes wrong: monitoring enforcement and discipline - now DR EILIS FERRAN and in the future Lecturer in Law, University of Cambridge; Director of Studies, St Catharine's College, Cambridge Thursday 20 May, 5.45pm Creditors' interests and 'core' company law- PROFESSOR EVA LOMNICKA

Professor of Law, King'so Collegeo London Monday 28 June, 5.45pm 'Knowingly concerned?' Participatory liabilityfor breaches of regulatory DR TUNDE OGOWEWO duties Lecturer in Law, King'so College,o London The function of company law Thursday 3 June, 5.45pm EDWARD R LEAHY Drinks and light refreshments will follow. Partner, Bingham Dana LLF; Washington and New York, USA Each of these lectures is eligible for one Law Society 'CPD' Internal investigations offinancial institutions - what to do before the hour and one General Council of the Bar 'NPP' hour. Those authorities arrive wishing to obtain CPD and NPP accreditation must register on the evening of each lecture. THE 'COMPANY LAWYER' LECTURES Convenor: Jason Haines, IALS Research Fellow in Corporate The Institute is pleased to announce the following public and Financial Services Law. lectures under the auspices of the IALS Centre for Corporate Law and Practice, and acknowledges with gratitude the support Further information is available from Belinda Crothers, IALS. Tel: 0171 of Sweet & Maxwell, publishers of The Company Lawyer. 637 1731 ;fax: 0171 637 5216; e-mail: [email protected]. uk. ® 19 SALS News Planning group report calls for reforms to SSSIs

The protection of habitat plays a pivotal role in nature (4) There should be a proactive response to SSSI protection conservation, and in the UK this centres around the designation from local impacts, such as fertilizer use for example, of two types of sites nature reserves and sites of special through the development of good practice circulars, etc. scientific interest (SSSIs). A discussion document, Sites of Special (5) SSSIs should be open to regular monitoring and that the Scientific Interest: Better protection and Management, was published by conservancy agencies or their nominees should have rights the Department of Environment, Transport and the Regions of access to SSSIs in order to carry out such monitoring. (DETR) in 1998 to encourage the discussion of techniques to This monitoring should include consideration of local improve the protection of SSSIs. A further report, Setting o environmental impacts and not only those of a regional or Environmental Standards, published by the Royal Commission on global nature. Environmental Pollution last year, is also relevant. o (6) Lists of potentially damaging operations and the positive The Planning and Environmental Law Reform Working Group monitoring agreements should be open to periodic review. of the Society for Advanced Legal Studies has produced its own document, Report on Nature Conservation and Habitat Protection: Sites (7) The conservancy agencies should have powers for refusal of of Special Scientific Interest (SSSI), in which a number of consent for damaging operations on all SSSIs without the recommendations in response to the government's discussion need for a ministerial order. document are made. There is agreement with the view expressed (8) The conservancy agencies should have powers to require in the DETR's document that greater transparency in the positive management by specified operations where decision-making process surrounding the creation of SSSI sites attempts to reach agreement on this issue have failed is needed, and the SALS report goes on to make the following recommendations. (9) A system of arbitration should not be used in dispute resolution but an appropriate independent appeal system (1) There should be full transparency in the operation of the should be established in its place. This could involve a conservancy agencies and the scientific basis for their scientific review where appropriate and use of the planning decisions should be fully transparent. appeals structure, involving a hearing or inquiry before a (2) There should be a formal process of independent scientific planning inspector. review of SSSI notification, denotification and positive Members of the group are: The Hon Mr Justice Keene management requirements. This review should be available (chairman), Lionel Reed QC (vice chairman), Richard Harwood to landowners, occupiers and individuals and groups with (secretary), Paul Brown, Michael Cunliffe, Martyn Day, Morag sufficient standing. It should only be available on sites which Ellis, Professor Malcolm Grant, Dr Jane Holder, John Howell the conservancy agencies have considered and whose status QC, Erasmo Lara-Cabrera, Nathalie Lieven, Dr John has been determined. The terms of reference for the McEldowney, Professor Victor Moore, Charles Mynors, Frances independent scientific review should be purely scientific Patterson QC, Tim Pugh, Guy Roots QC, Pat Thomas, and and should not include economic or other considerations. Stephen Tromans. The conservancy agencies should not be expected to defend their decisions but should supply the information used to The Working Group have expressed their thanks for the reach their decision and the reasons for the decision. Those substantial contribution made to the paper by Dr Sharron seeking independent scientific review may supply expert McEldowney. consideration. The decision and scientific information for Forjurther information on the SALS (and additional copies of the report) basis for the decision of the scientific review should be contact Juliet Fussell at the Institute of Advanced Legal Studies, Charles made publicly available. Clore House, 1 7 Russell Sauare, London, WC1B 5DR; Tel: 0171 637 (3) English Nature and the Countryside Council for Wales 1731;Jax: 0171 637 5216; e-mail: [email protected] © should be given the powers to denotify SSSIs exceptionally and in clearly defined circumstances.

SALS Lectures

Monday 10 May, 5.30 pm Thursday 27 May, 5.30 pm PROFESSOR NINA W TARR ROGER SMITH Inns of Court Fellow; Professor of Law, University of Illinois Law Society Training professionals: who, what, where and why? Thejuture of education and training of solicitors

Wednesday 13 May, 5.30 pm Thursday 1 July, 5.30 pm MICHAEL BRINDLE QC RICHARD NZEREM Money laundering and the evasion offoreign taxes: criminal liability The contribution made by the Commonwealth to democracy i