Relevant bibliographies by topics / Standing Committee on Law and National Security

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  2. Dissertations / Theses
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Academic literature on the topic 'Standing Committee on Law and National Security'

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Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Standing Committee on Law and National Security"

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Ninth National People's Congress St. "Decision of the National People's Congress Standing Committee on Safeguarding Internet Security." Chinese Law & Government 43, no. 5 (September 2010): 36–39. http://dx.doi.org/10.2753/clg0009-4609430505.

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Zhao, Jingchao. "Standardization and Development: Brief Discussion on Chinese Quick Transaction Mechanism of Minor Criminal Case." Journal of Politics and Law 8, no. 4 (November 29, 2015): 277. http://dx.doi.org/10.5539/jpl.v8n4p277.

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<p>At present, establishment of diversified Chinese quick transaction mechanism of minor criminal case has become an important project that the judicial organ have to confront due to the reason that the simple procedure set up by Criminal Law of our country is not efficient for transacting the increasing minor criminal cases. Since 2014, Standing Committee of the National People's Congress has authorized the Supreme People's Court and the Supreme People's Procuratorate to launch reform of quick transaction mechanism of minor criminal case in 14 cities like Beijing according to the overall scheme of Central judicial system reform. Since the reform, Courts around have begun to focus on protecting the lawful rights and interests of the criminal suspect and the defendant when they are establishing quick verdict program of minor criminal cases so as to ensure the justice of the case, of which useful experience has been taken. <br />But from the perspective of judicial practice, judicial process of places is not unified because more principled rules of quick transaction mechanism of minor criminal case are launched only by the Supreme People's Court and the Supreme People's Procuratorate. Many problems occur in practice: application and scope are not inconsistent; time is too long in handle procedures before trial, which will influence efficiency; cooperation of public security unit, the inspecting authorities, and courts are not efficient; evidence system of minor criminal cases is not perfect…… These problems have restricted the function of quick transaction mechanism. Therefore, quick transaction mechanism of minor criminal case is to be standardized.</p>
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Yin, Yanhong, and Irene Wieczorek. "What model for extradition between Hong Kong and mainland China? A comparison between the 2019 (withdrawn) amendment to Hong Kong extradition law and the European Arrest Warrant." New Journal of European Criminal Law 11, no. 4 (December 2020): 504–23. http://dx.doi.org/10.1177/2032284420972190.

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This article provides an analysis of the bill proposed in 2019 to amend Hong Kong Fugitive Offenders Ordinance (FOO), Hong Kong domestic legislation on extradition. The FOO Amendment Bill introduced the possibility of, and detailed the conditions for, surrendering fugitives from Hong Kong to other regions of the People’s Republic of China (PRC), among which, controversially, mainland China. After multiple protests, the proposal was withdrawn. It nonetheless represents the first attempt of introducing a legal basis for extradition between Hong Kong and mainland China, and it is thus deserving of close scrutiny. The article describes the unique constitutional setting in which this amendment was proposed, Hong Kong and mainland China being two regions of the same sovereign country which have two radically different legal systems under the ‘One Country, Two Systems’ principle. It compares the proposed system for extradition between these two regions with the rules regulating extradition between Hong Kong and third states, and with international systems for surrender, including the European Arrest Warrant and the UN Model Extradition Treaty. It shows that the FOO Amendment Bill would have put in place a surrender system in some respects less advanced and subject to more obstacles than standard international extradition Treaties and than the system regulating extradition between Hong Kong and third countries. This is the case, for instance, for the rules on penalty thresholds and on double criminality. Conversely, in other respects, it would have been even more advanced (and with fewer obstacles) than the European Arrest Warrant, one of the most advanced systems of international surrender. This is notably the case for the rules regulating extradition of Hong Kong residents to other parts of the PRC. These latter were, however, among the more controversial aspects of the proposal. The article also discusses the challenges that reintroducing a similar proposal would face in the future, including in light of current political and legal developments – notably the Standing Committee of the National People’s Congress’s July 2020 adoption of the ‘Hong Kong National Security Law’. It suggests that one avenue to smoothen surrender proceedings between Hong Kong and mainland China would be taking a procedural rather than a substantive approach, namely by increasing the role of courts and decreasing the role of executive bodies in the extradition procedures.
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Ching, Frank. "Nationality vs ethnic identity." Asian Education and Development Studies 7, no. 2 (April 9, 2018): 223–33. http://dx.doi.org/10.1108/aeds-09-2017-0095.

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Purpose As far as governments are concerned, it is the nationality of a person, usually reflected in a passport, that shows whether the government has a duty to protect that individual and whether the person owes obligations to the state. Hong Kong is unusual in that for many people there, passports are primarily seen as documents that offer safety and security. It is not unusual for people to possess two or more passports. The purpose of this paper is to examine attitudes toward passports on the part of Hong Kong people, formed by their unique experience. Design/methodology/approach This paper analyzes key documents, such as China’s Nationality Law and a little known document, “Explanations of Some Questions by the Standing Committee of the National People’s Congress Concerning the Implementation of the Nationality Law of the People’s Republic of China in the Hong Kong Special Administrative Region.” The paper also looks at the Loh case of August 2016, involving a Canadian man who wanted a Hong Kong passport for his 11-year-old Canadian-born son, and the Patrick Tse case, where Hong Kong tried to strip a teenager who possessed German nationality of his Hong Kong passport. Findings The convenience of travel to China with a Home Return Permit seems to outweigh any sense of loyalty to an adopted country in the west, or the realization that the use of a document identifying its holder as a Chinese national means that she/he would not have any consular protection. It is also ironical that the Hong Kong Government should maintain the difference between nationality and ethnicity at a time when the Chinese Government is doing the very opposite, playing down the status of nationality while magnifying the importance of so-called “Chinese blood.” Originality/value This paper examines a topic that has not been widely studied but is likely to become more important in the years to come as China’s impact on the rest of the world increases. The nationality status of ethnic Chinese will increasingly become an issue as the flow of travel between China and other countries rises and Chinese immigrants continue to take up foreign nationality. While this issue is of special importance to Hong Kong, its impact will extend to countries around the world, in fact, to wherever Chinese persons are to be found.
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Moulds, Sarah. "Who’s watching the ‘eyes’? Parliamentary scrutiny of national identity matching laws." Alternative Law Journal 45, no. 4 (April 23, 2020): 266–69. http://dx.doi.org/10.1177/1037969x20920008.

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Scrutiny of the federal government’s proposed new identity matching laws by the Parliamentary Joint Committee on Intelligence and Security has revealed new insights into both the rights intrusive nature of these laws, and the potential impact and influence of this Committee as a component of Australia’s exclusively parliamentary model of rights protection. This Brief contains a short description of the nature of the proposed identity-matching regime – including the use of facial recognition technology – and a summary of the key concerns raised with the Parliamentary Joint Committee on Intelligence and Security.
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Ip, Eric C. "Constitutional Competition Between the Hong Kong Court of Final Appeal and the Chinese National People's Congress Standing Committee: A Game Theory Perspective." Law & Social Inquiry 39, no. 04 (2014): 824–48. http://dx.doi.org/10.1111/lsi.12036.

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The competition between the Hong Kong Court of Final Appeal, a cosmopolitan common law supreme court, and the Chinese National People's Congress Standing Committee, a Leninist parliamentary body, over the “proper meaning” of the Hong Kong Basic Law constituted a very important facet of the territory's constitutional history since the end of British rule in 1997. This article applies the insights of game theory to explain why constitutional stability, in the sense that the two players have never entered into an open collision with each other despite the ambiguity of the Basic Law and the “One Country, Two Systems” formula, endured until the present day. It is argued that successful coordination between the two resulted from the strong aversion of the Court and the Standing Committee to constitutional crises, as well as from the fact that neither entity was capable of credibly signaling its commitment to an aggressive strategy all the time.
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Ping, Yu He. "A Supplementary Regulation of the Standing Committee of the National People's Congress Regarding the Punishment for Corruption and Bribery." International Criminal Justice Review 1, no. 1 (May 1991): 116–20. http://dx.doi.org/10.1177/105756779100100108.

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Tavuyanago, Simbarashe. "An Analysis of the "National Security Interest" Provision in terms of Section 18A of the Competition Act 89 of 1998." Potchefstroom Electronic Law Journal 24 (April 9, 2021): 1–34. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a6031.

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This contribution examines the implications of the "national security provision" in terms of section 18A of the Competition Act 89 of 1998 as inserted by section 14 of the Competition Amendment Act 18 of 2018. The effect of section 18A is that it confers upon the President of the Republic of South Africa power to appoint a national security committee whose mandate is to investigate mergers involving a foreign acquiring firm and determine whether such a merger would pose a threat to the "national security interests". The contribution highlights the possible challenges that the insertion of section 18A may precipitate. It argues that while the protection of national security interests is imperative, it is however not the goal of competition policy to regulate broader national security policy. In making the argument, cognisance is taken of the fact that where a gap exists in policy, legislative amendments may be used as stopgap mechanisms. The paper investigates the treatment of national security interests in foreign jurisdictions in a bid to establish whether the provision is in line with international best practice and whether any lessons may be drawn therefrom.
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Kraska, James. "National Security Considerations for a Binding Instrument on Managing Biodiversity Beyond National Jurisdiction." AJIL Unbound 112 (2018): 150–54. http://dx.doi.org/10.1017/aju.2018.43.

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The effort to negotiate and adopt a legally binding instrument to manage marine biodiversity beyond areas of national jurisdiction (BBNJ) implicates national security interests both directly and tangentially. First, negotiations for any agreement will contend with the long-standing concept that the oceans are reserved for “peaceful purposes.” The maritime powers will insist that the concept, which reflects customary law and the practice of virtually all states, does not demilitarize the oceans. Second, any BBNJ treaty must overcome two interrelated spatial issues: the geographic parameters of what constitutes “areas beyond national jurisdiction” when those maritime boundaries are often uncertain, and how measures to protect the environment interact with military activities in those areas. Naval powers will insist that requisite marine protected areas (MPAs) and associated protective measures do not diminish naval freedom of navigation and other military uses of the sea. Third, BBNJ negotiations will be compelled to address how a new treaty will relate to the United Nations Convention on the Law of the Sea (UNCLOS), a host of other treaties, and customary norms. Imperfect as the contemporary global order of the oceans is, major maritime powers and even middle powers will seek to protect it and resist efforts at radical change that may destabilize existing regimes in pursuit of an ephemeral gain for BBNJ. This strategic interest in international stability, while understandable, unintentionally creates inertia that is likely to frustrate the most progressive proponents of BBNJ. Fourth, more broadly, any treaty is likely to affect marine ecosystem services and perhaps marine genetic resources (MGR), which help propel the “blue economy” and undergird national security. We may expect most coastal states to continue to jealously protect their exclusive rights to the living and nonliving resources offshore, and even to propose expansion of those rights and jurisdiction to “adjacent areas.” The most developed states, for their part, are unlikely to agree to any text that diminishes their rights to intellectual property related to marine biotechnology, which is a strategic sector for bio-weapons research and defense. In short, states with advanced military capabilities, and major maritime powers in particular, are unlikely to support more than incremental change to the regimes reflected in UNCLOS.
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Newdick, Christopher. "Resource Allocation in the National Health Service." American Journal of Law & Medicine 23, no. 2-3 (1997): 291–318. http://dx.doi.org/10.1017/s009885880001073x.

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In the United Kingdom, how does the National Health Service (NHS or the Service) respond to the pressures imposed on it by patients, doctors and the government? What techniques for distributing resources have been adopted for managing these pressures? Part I of this Article explains the administrative evolution of the NHS. Part II discusses the legal framework surrounding the allocation of resources throughout the different tiers of the NHS: (1) from the Secretary of State for Health to health authorities, (2) from health authorities to hospitals and general practitioners (GPs), and (3) from doctors to patients. Part III comments on the case for a standing committee to advise the government on matters of resource allocation within the NHS. It also considers the legal, political, and managerial contributions to the debate and, in particular, comments on the future of the traditional notion of clinical freedom.Section A describes the culture that developed within the NHS, Section B discusses the pressure for reform that developed during the 1980s, and Section C reviews the system of the “internal market” for health that was introduced in 1990.
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Dissertations / Theses on the topic "Standing Committee on Law and National Security"

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王韋龍. "Study on the CPC's comprehensive concept of National Security since the end of the Cold War:case study on National Security Committee and Law of National Security." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/c834kn.

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碩士
國立政治大學
國家安全與大陸研究碩士在職專班
104
Afterthe era of Cold War the international arena has been dramatically transformed and changed ever since and the establishment of National Security Committee (NSC) has been greatly in demand in Western countries. From the point of view of Communist Party of China (CPC), the continuing formation and development of concept of national security has been majorly focusing on two basic principleswhich arerespectively aiming at the purpose of defending the core of national interest and in the pursuit ofstabilityinternally as well as to assure sustainability and national development externally. Since Xi Jinping took office of the General Secretary of CPC, the so calledComprehensive Concept of National Security,NSC and the newly legislatedLaw of National Securityhave been brought to the public. The above mentioned party theory, committee and law will be subsequently implemented to coordinate various relevant departments within the party and government and also will be required to cope with wide range of issues in regarding of national security challenge and complexity in the long run. The reason behind the establishment of NSC is not accidental. Since 18th National Congress of the CPC began on November 2012, from perspective of the strategic implementation of national security the CPC has obviously foreseen the coming of dire situation by which it might further jeopardize the legitimacy of the ruling CPC and the safeguarding of political safety has become CPC’s first priority agenda and thereforethe national security strategic deployment to counteract the containment led by US’s Pivot to Asia will be swiftly adjusted to cope with new scenario thereafter. Nevertheless, the NSC as well as National Security Law should both play a significantly critical role in dealing with all kind of challenges in related to national security in the future. The research and study of NSC along with the implication of theNational Security Law, shaping of perspective of national security since the Cold War andtheory of Comprehensive Concept of National Security brought by Xi as well as further assessment of impact and ramifications on the development of Cross Straight relations will be the focal point in my thesis.
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Yu, Kuo Hua, and 余國華. "Exploring the Democratization of Hong Kong from“Double General Election”Law Explanation in People''s National Congress Standing Committee of China." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/18475914650356539918.

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碩士
淡江大學
中國大陸研究所碩士在職專班
94
Abstract: In 1982, British Prime Minister Margaret Thatcher visited China and had negotiations with China with regard to the issues of Hong Kong. After China stated clearly that, it would reclaim the sovereignty of Hong Kong in 1997 and passed the message to Britain, the latter started to aggressively promote the “non-colonization” policy in Hong Kong. Besides, it also accelerated the process of democratization in Hong Kong. China treated “one country, two systems” as the means to arrange the political and economic positions of Hong Kong after returning to China and established “Basic Law” as the legal base of concrete implementation. In April 2004, National People''s Congress Standing Committee of China “actively” proposed legal explanation with regard to the modification of administrative executives in 2007 and regulation of the establishment of legislative assembly in 2008 in Hong Kong Special Administrative Region. The result of law explanation vetoed Hong Kong democratic advocates appeal of overall implementation of Double General Election for administrative executives and the members of legislative assembly. The purpose of British development of democratization policy in Hong Kong region was to construct the democratic representative system as three official branches in the West. When establishing “Basic Law”, China has promised Hong Kong “Hong Kong people ruling Hong Kong with a high degree of autonomy” and “Basic Law” also regulated that the administrative executives and legislative assembly in Hong Kong Special Administrative Region will finally be elected by general election. However, the result of law explanation in National People''s Congress Standing Committee of China not only violated the public opinion of Hong Kong, but also made Hong Kong people feel suspicious of China’s fulfillment of “one country, two systems”. “One country, two systems” is exclusive in the political systems of the countries around the world. It is also the only means to executive two different systems in the country with single system. This research explored the process of Chinese law explanation and the possible reasons from the difference of Chinese and Hong Kong law explanation systems, political systems of China and Hong Kong and the considerations of Chinese political stability and economic development. It further analyzed if Chinese law explanation violated the idea of “governing the country by law” and the possible influences on democratization development in Hong Kong and the promise of “Hong Kong people ruling Hong Kong with a high degree of autonomy” under the regulation of “one country, two systems”.
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Dlomo, Dennis Thokozani. "An analysis of parliamentary intelligence oversight in South Africa with speciric reference to the Joint Standing Committee on intelligence." Diss., 2004. http://hdl.handle.net/2263/27212.

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This study analyses parliamentary intelligence oversight in South Africa by assessing the understanding of members of the JSCI of its core business, its mission and vision and powers and functions as are stipulated by law. The study locates the JSCI within an international intelligence oversight milieu through a review and evaluation of selected countries’ intelligence oversight mechanisms. Furthermore, international best practice is sought and applicable lessons are drawn for South Africa. The study is bases on a literature review and interviews with members of the JSCI to gather information and draw insights to evaluate and test the propositions in the context of international and national best practice. The propositions, which are supported by the research, are that: · Intelligence oversight in South Africa under the JSCI has hitherto been relatively effective although there is room for improvement. · The JSCI has good relations with the other arms of the state that are responsible for the oversight of Intelligence in South Africa – making parliamentary intelligence oversight, overall, quite effective. · Despite this effectiveness there are legislative gaps and problems pertaining to the modus operandi of the JSCI that need the attention of both the Executive and Legislature and which could be part of a package of legislative reform. The research supported these propositions whilst pointing out that new initiatives need attention if the culture of oversight is to find root. These are the need to widen the scope of accountability to build a culture of accountability among middle and senior management members of the Intelligence structures and secondly the way Parliament resources the JSCI.
Dissertation (M (Political Sciences))--University of Pretoria, 2006.
Political Sciences
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Books on the topic "Standing Committee on Law and National Security"

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American Bar Association. Standing Committee on Law and National Security, ed. ABA Standing Committee on Law and National Security 50th anniversary: National security law : fifty years of transformation : an anthology. Chicago, IL: American Bar Association, Standing Committee on Law and National Security, 2012.

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Norman, Doyle, ed. Detention centres and security certificates: Report of the Standing Committee on Citizenship and Immigration. Ottawa: The Committee, 2007.

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1945-, Breitkreuz Garry, Brown Gord 1960-, and Canada. Parliament. House of Commons. Subcommittee on the Review of the Anti-terrorism Act., eds. Rights, limits, security: A comprehensive review of the Anti-terrorism Act and related issues : final report of the Standing Committee on Public Safety and National Security. [Ottawa]: Standing Committee on Public Safety and National Security, 2007.

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Canada, Parliament House of Commons Standing Committee on Industry Science and Technology. Getting back to business: Sixth report of the Standing Committee on Industry, Science and Technology. [Ottawa]: The Committee, 2001.

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Canada. Parliament. House of Commons. Standing Committee on Public Safety and National Security. Review of the Anti-terrorism Act investigative hearings and recognizance with conditions: Interim report of the Standing Committee on Public Safety and National Security. [Ottawa]: Standing Committee on Public Safety and National Security, 2006.

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Security, Canada Parliament House of Commons Standing Committee on Public Safety and National. Review of the Anti-terrorism Act investigative hearings and recognizance with conditions: Interim report of the Standing Committee on Public Safety and National Security. [Ottawa]: Standing Committee on Public Safety and National Security, 2006.

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Canada. Parliament. House of Commons. Standing Committee on Public Safety and National Security. Review of the Anti-terrorism Act investigative hearings and recognizance with conditions: Interim report of the Standing Committee on Public Safety and National Security. [Ottawa]: Standing Committee on Public Safety and National Security = Comité permanent de la sécurité publique et nationale, 2006.

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1945-, Breitkreuz Garry, Brown Gord 1960-, and Canada. Parliament. House of Commons. Subcommittee on the Review of the Anti-terrorism Act., eds. Review of the Anti-terrorism Act investigative hearings and recognizance with conditions: Interim report of the Standing Committee on Public Safety and National Security. [Ottawa]: Standing Committee on Public Safety and National Security, 2006.

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Canada. Parliament. House of Commons. Standing Committee on Public Safety and National Security. Statutory review of the Sex Offender Information Registry Act: Report of the Standing Committee on Public Safety and National Security. Ottawa]: Standing Committee on Public Safety and National Security, 2009.

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Canada. Parliament. House of Commons. Standing Committee on Public Safety and National Security. Statutory review of the Sex Offender Information Registry Act: Report of the Standing Committee on Public Safety and National Security. [Ottawa]: Standing Committee on Public Safety and National Security, 2009.

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Book chapters on the topic "Standing Committee on Law and National Security"

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Woodman, Sophia. "Legislative Interpretation by China’s National People’s Congress Standing Committee." In Interpreting Hong Kong's Basic Law, 229–41. New York: Palgrave Macmillan US, 2007. http://dx.doi.org/10.1057/9780230610361_12.

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Kellerbauer, Manuel. "Article 71 TFEU." In The EU Treaties and the Charter of Fundamental Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198759393.003.158.

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Article 36 TEU A standing committee shall be set up within the Council in order to ensure that operational cooperation on internal security is promoted and strengthened within the Union. Without prejudice to Article 240, it shall facilitate coordination of the action of Member States’ competent authorities. Representatives of the bodies, offices and agencies of the Union concerned may be involved in the proceedings of this committee. The European Parliament and national Parliaments shall be kept informed of the proceedings.
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Fowler, Linda L. "Reforming National Security Oversight in the Senate." In Watchdogs on the Hill. Princeton University Press, 2015. http://dx.doi.org/10.23943/princeton/9780691151618.003.0008.

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This chapter challenges the efficacy of reform proposals currently circulating in Washington and makes practical recommendations for improving the capacity of the Senate Armed Services and Foreign Relations committees in terms of oversight of national security. These recommendations look beyond consultation about the initiation of conflicts to generate a more robust review of the implementation of administration policies over time. The focus is on the underlying incentives that drive committee inquiries into the performance of the Department of Defense and the State Department, with an eye to the self-correcting mechanisms at the heart of the Constitution that balance relations between the branches. The chapter argues that well-functioning committees that promote the rule of law in foreign affairs through regular, predictable, and public deliberation make a revised war powers act unnecessary; in the absence of such regular order, new rules for consultation seem likely to fail.
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"Decision of the Standing Committee of the National People’s Congress on the Punishment of Crimes Involving Fraudulent Purchasing, Evading and Illegal Trading of Foreign Exchange." In Criminal Law and Criminal Procedure Law in the People's Republic of China, 255–57. Brill | Nijhoff, 2013. http://dx.doi.org/10.1163/9789004234451_007.

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Fowler, Linda L. "Committee Goals and Oversight Strategies." In Watchdogs on the Hill. Princeton University Press, 2015. http://dx.doi.org/10.23943/princeton/9780691151618.003.0005.

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This chapter examines how the distinctive goals of the Senate Armed Services and Foreign Relations committees led to strategic choices about how much attention to devote to oversight of national security, particularly in comparison to budget activity. It explains why divided government was not a consistent motivator for national security oversight and how indicators of long-term committee goals influenced both committees' stance toward the executive branch. It argues that the Armed Services Committee muted partisan conflict and deemphasized oversight in order to attend to funding the Defense Department, whereas the Foreign Relations Committee was a more active overseer of foreign affairs during periods of divided government. The differences between the two committees reveal how selection biases built into the committee assignment process affected the rule of law in national security and shed light on the inconsistent findings in the scholarly literature with respect to divided government.
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Leuprecht, Christian. "Australia." In Intelligence as Democratic Statecraft, 135–54. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192893949.003.0006.

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Intelligence accountability in Australia balances compliance and bodies whose systematic focus is on efficacy and financial review with independent intelligence reviews, commissions, and inquiries that focus on efficacy. Australia differs insofar as it is not subject to a constitutionally or supranationally enshrined civil right regime. A diversity of mechanisms, ranging from parliamentary committees and executive bodies to periodic independent reviews, fashion an oversight system that drives innovation. From the three Royal Hope Commissions to regular inquiries into the National Intelligence Community, Australia’s independent in-depth periodic reviews, inquiries, and commissions have a track-record of shaping and spurring change and innovation in the scope and structure of accountability across its broader intelligence and security community. The Australian tradition of independent expert intelligence reviews, commissions, and inquiries offsets the lack of accountability bodies dedicated to reviewing for efficacy and innovation. The chapter reviews the member organizations of the Australia’s National Intelligence Community, the strategic environment that has informed intelligence and accountability in Australia, national security threats as seen by Australia, as well as Australia’s systematic approach to reviewing and innovating its intelligence accountability architecture. It consists of the Inspector General of Intelligence and Security, the Parliamentary Joint Committee on Intelligence and Security, and the Independent National Security Law Monitor. Although similar to the United States Office of the Director of National Intelligence and the United Kingdom’s Joint Intelligence Organization, Australia’s Office of National Intelligence is quite unique insofar as neither the US and UK equivalents nor comparable offices in Canada and the New Zealand have an analogous accountability function. These mechanisms balance existing independent review mechanisms with mandates to review legislation and compliance, propriety, administration.
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"There have been changes to institutions: some have had name changes (such as the ‘Assembly’ to ‘European Parliament’); some have had powers removed or added, and some have been relatively recently created (for example, the Committee of the Regions). It is therefore important to be clear about the construction of the EU, the place of the EC, its areas of legal competency and the extent and limits of EC law, name changes of institutions and treaties, and changes to the numbering of articles in the treaties. This introduction sets out the approach taken, and the terms to be used in this section with the reasons for their use explained. The section will also give a historical and chronological review of the development of the Union and the current place of the Community. This should enable you to read most texts in the area with a reasonably clear map of your own of the interconnections between the EU, the EC, EC law and their effects on the English legal system. For the rest of this section the following abbreviated terms will normally be used: • ‘Union’ when referring to the European Union; • ‘Community’ when referring to the European Community; • ‘Community law’ or ‘EC law’ when referring to European Community law. The relationship between the English legal system, the Union and the Community is complex. But then the very concept of the Union itself is complex. The Union was established in 1992 and currently there are 15 Member States, with 13 more candidate States waiting to join. There are three spheres of activity in the Union customarily referred to as the three ‘pillars’ of the Union. Pillar 1: the three founding Communities established in the 1950s: (a) the European Coal and Steel Community (ECSC); (b) the European Atomic Energy Community (Euratom); (c) European Economic Community (EEC), since 1992 called the European Community, which was set up by the EEC Treaty. Pillar 2: agreed co-operation in the area of foreign affairs and security. Pillar 3: agreed co-operation in the areas of home affairs and justice. It is a Union that is joined together not as a federal system of States, such as the United States of America, nor as a range of States contracting at only the political level. The Union is a supra-national Union of States agreeing to be bound together in part politically, in part co-operatively and socially and in large part through a unique legal order—the acquis communautaire (‘community patrimony’) or ‘Community law’. A legal order that has effect by being incorporated into the legal systems of every Member State, and the English legal system is no exception. The legal order of the Union remains rooted in that part of the Union that is the Community. It is the nature of the legal order that makes the Union unique. For although the Union is established by treaties, it is not just governed by international law and political relationships based on agreement at intergovernmental level. The founding treaties of the Union which date back to the inception of the Communities in the 1950s insist that the law of the Union (which technically remains Community law) becomes part of the legal systems of all of the States who are members of the Union." In Legal Method and Reasoning, 144. Routledge-Cavendish, 2012. http://dx.doi.org/10.4324/9781843145103-116.

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