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The procedure for infringement of (what is now) EU law has been around since the foundation of the Communities. Yet it has not remained unchanged, most recently being amended by the Treaty of Lisbon. Over a decade later, and with current developments in the application of financial sanctions and in the enforcement of the rule of law in Member States, it becomes pressing to evaluate the significance of the amendments. Consequently, this paper assesses firstly whether the infringement process is now playing an increasing role in the effectiveness of EU law – not only in relation to the implementation of the amendments in the Treaty of Lisbon, but also in light of recent case law on strengthening interim measures in infringement proceedings. Secondly, the paper examines the impact of the infringement proceedings upon the enforcement of the rule of law within the Union. Finally, the paper considers whether changing the division of jurisdiction between the EU courts in the infringement proceedings would help or hinder their contribution to the effectiveness of EU law.

In dit artikel wordt het beginsel van transparantie in de rechtsorde van de Europese Unie (EU) opnieuw onder de loep genomen, met als vertrekpunt de rol van het Hof van Justitie van de EU met betrekking tot de “presumptions of non-disclosure” van EU-documenten. Doel van deze bijdrage is te onderzoeken welke rol de rechterlijke macht speelt in relatie tot de volgende, tweeledige vraag: Hoe open kan het besluitvormingsproces binnen de Unie zijn, en is het mogelijk voor burgers om deel te nemen aan het besluitvormingsproces van instellingen, organen en andere instanties? Dit artikel beargumenteert dat gebreken in accountability terzake het recht op toegang tot documenten tot op bepaalde hoogte zijn opgevuld doordat het EU-Hof beperkingen stelt aan ruim geformuleerde afwijkingen van dit recht. Niettemin luidt de conclusie van dit artikel dat de accountability standaarden verslechterd zijn als gevolg van vaste jurisprudentie over algemene aannames ("presumptions") tegen openheid. Hoewel de EU-wetgever de standaardpositie heeft gesteld op een zo ruim mogelijke toegang tot documenten, in de rechtspraak is dit helaas teruggedraaid naar geheimhouding, in het bijzonder met betrekking tot niet-wetgevende documenten.

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This article examines two recent developments to ensure accountability and independence of the EU’s decentralized agencies: the ‘Common Approach’ adopted by the EU’s political institutions, and the ESMA judgment on the validity of the rules delegating extensive power to an EU agency. The article argues that first of all, the Common Approach strengthens the accountability and independence of EU agencies, yet it is not being sufficiently implemented and as such it fails to mitigate the accountability and independence deficits inherent in EU agencies. Secondly, it argues that ESMA strengthens the independence of the EU’s financial authorities at the expense of failing to address the existing accountability problem. On the whole, these developments are disappointing and fall far short of ensuring a coherent and effective system for safeguarding the agencies’ accountability and independence.

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Item does not contain fulltext VIII, 674 p.

The EU Citizenship Directive defines the right of free movement for citizens of the European Economic Area. It applies to EU citizens and their family members who move to visit or reside in another Member State. This might at first seem like a straightforward definition, but immediately questions arise. Who determines if a person is an EU citizen at all? What about dual citizens of two Member States, or of one Member State and a non-Member State (a ‘third State’)? What is the position of EU citizens who move to one Member State, and then return to their home Member State? This book provides a comprehensive commentary of the EU’s Citizens’ Directive tracing the evolution of the Directive’s provisions, placing each article in its historical and legislative context. Special emphasis is placed on highlighting the connections and interactions between the Directive’s constituent provisions so as to permit a global appreciation of the system of free movement rights to which the Directive gives effect. Each provision is annotated containing a detailed analysis of the case law of the Court of Justice as well as of related measures impacting upon the Directive’s interpretation including European Commission reports and guidelines on the Directive’s implementation.

The comitology regime, the committee-based system developed as a mechanism for controlling the Commission’s exercise of its powers to implement EU measures, has been subject to severe criticism on grounds of lack of accountability and transparency. The system has recently been fundamentally reformed by means of the new Implementing Acts Regulation, which came into force on 1st March 2011. This paper investigates whether the new rules are sufficient to remedy accountability deficits as regards implementing acts, and concludes as far as accountability to the Member States is concerned, their control powers have remained static.

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Item does not contain fulltext VIII, 589 p.

UNLABELLED: 99mTc-RP128 is a bifunctional peptide chelate designed to target the tuftsin receptor, expressed by neutrophils, monocytes, and macrophages. Studies in animal models of both infectious and noninfectious inflammation have shown a positive correlation between accumulation of 99mTc-RP128 and quantitative measures of inflammation. A phase 1 trial was conducted with the objective of determining the safety, biodistribution, and human dosimetry of 99mTc-RP128 in eight healthy volunteers. For evaluation of the potential of 99mTc-RP128 for imaging sites of inflammation, 10 patients with active rheumatoid arthritis were studied. METHODS: Normal biodistribution was determined using the conjugate view method up to 24 h after intravenous injection of 280 MBq 99mTc-RP128. Dosimetry calculations were based on standard MIRD methodology, using the International Commission on Radiological Protection model 30 of the gastrointestinal tract and a voiding bladder model with an interval of 4.8 h. For rheumatoid arthritis patients, whole-body scans and spot views of the hands, knees, and feet were obtained at 1 and 3 h after injection of 475 MBq 99mTc-RP128. RESULTS: 99mTc-RP128 was cleared rapidly from the blood by renal excretion, and no major organs showed significant accumulation. The synovia of the major joints were visualized for all subjects. The effective dose equivalent and the effective dose were calculated to be 0.011 and 0.0094 mSv/MBq, respectively. The highest dose was to the bladder wall, which received 0.076 mGy/MBq. In all rheumatoid arthritis patients, we observed a markedly increased uptake in several affected joints. Painful and swollen joints were detected with a sensitivity of 76% and 69%, respectively. Seventy-three percent of the joints with radiographic signs of erosion were scintigraphically positive. In some patients, lines of increased activity were observed and were considered to correspond to uptake in the synovium lining tendon sheaths in the wrists and hands. CONCLUSION: This study shows that 99mTc-RP128 is safe and can successfully be used to visualize clinically affected joints in patients with long-standing rheumatoid arthritis. A proposed radioactive dose of 450-500 MBq will produce an effective dose well within the range of effective doses for commonly used radiopharmaceuticals.

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