The recent news

Updated: May 1, 2010 (Initial publication: Feb. 8, 2010)

Contributions

Sectorial report (Personal Data ; Finance) : Whistleblowing: the French Cour de Cassation reduces the scope of the CNIL's (French Personal Data Protection Authority) unique authorisation.

Updated: April 29, 2010 (Initial publication: Feb. 11, 2010)

Sectorial Analysis

II-11.2 : A decree of December 16th, 2009 establishes a Common National Repertory of social security information to reduce fraud. This Repertory is a huge compilation of Personal Data.

Main information

The implementation of a common repertory of information on Social Security tax payments provides the opportunity to gather real-time information on a vast majority of taxpayers, but is highly criticized for its possible violation of privacy rights.

Updated: April 29, 2010 (Initial publication: Feb. 26, 2010)

Bibliographic Reports : Symposiums

III-3.2 : Speech of Joachim Almunia, the new competition commissioner, 9th Global Forum on Competition, OECD, Paris, February 18th 2010. Subsidies could be useful to avoid catastrophes in many sectors; the major difficulty being distorsions between different levels of regulation.

Updated: April 29, 2010 (Initial publication: Feb. 26, 2010)

Bibliographic Reports : Grey Litterature

III-2.1 : The European Commission publishes its Final Report on its competition inquiry into the pharmaceutical sector on July 8th 2009

The European Commission, sensing potential anticompetitive behaviour in the pharmaceutical sector, conducted an inquiry into this sector, and adopted its final report on the matter on July 8th 2009. The Commission’s suspicion was that anticompetitive behaviours could be slowing down the entry of generic drugs into national markets, whereas the burden of drug spending on public finances and public health policy make rapid generic entry an important issue. The Commission concluded that delays are due in part to pharmaceutical companies’ behaviour, especially as concerns the use they make of their intellectual property rights. However, on the other hand, one may also sustain that the strategic use of an acquired legal right is no less than legitimate, and that public health policy is a matter for national regulation. Indeed, it is for Member States, rather than European competition law, to determine the level of healthcare coverage that their society is financially willing to bear.

Updated: April 29, 2010 (Initial publication: Feb. 16, 2010)

Bibliographic Reports : Books

III-1.2 : Risk Regulation in the single Market: the Governance of Pharmaceuticals and Foodstuffs in the European Union

Research on the EU regime of risk regulation for pharmaceuticals and foodstuffs based on an institutionalist approach to supranational risk regulation.

Updated: April 29, 2010 (Initial publication: Feb. 16, 2010)

Bibliographic Reports : Books

III-1.1 : Uncertain Risks Regulated

Comparison of various models of risk regulation in order to understand how those systems shape the relationship between law and science and how they attempt to overcome the public’s distrust of science-based decision making in the EU.

Updated: April 29, 2010 (Initial publication: Feb. 25, 2010)

Sectorial Analysis

II-11.4 : A Partnership on the “loi informatique et libertés“ (French Data Privacy Act) has been signed between the CNB (The French Bar Association) and the CNIL (the French Commission for Data Privacy)

Main information

The Conseil National du Barreau (CNB – The French Bar Association) and the Commission nationale de l’informatique et des libertés (CNIL—The French - Commission for Data Privacy) form a partnership to educate lawyers on the « loi informatique et libertés » (Data Privacy Act).

Updated: April 29, 2010 (Initial publication: Feb. 11, 2010)

Sectorial Analysis

II-11.1 : Whistleblowing: the French Cour de Cassation reduces the scope of the unique authorisation.

Main information

A decision of the Social Chamber of the French Cour de Cassation (Court of Cassation) handed down on December 8th, 2009, (n° 08-17.191) reduced the scope of the unique authorisation granted to companies concerning their internal whistle blowing proceedures.

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