Annual Reports

Annual Report 2005 - 2006

The Centre continued to enjoy increased activity thus gradually building upon its reputation for excellence. The MA in Advanced Legislative Studies continues in its second year with ten students, two UK based and eight overseas. Applications for the MA 2006-2007 are being received and the Centre is reasonably confident that numbers will be equal or slightly higher to this year's. The Commonwealth Course in Legislative Drafting is offered in June-July again this year with the participation of drafters and legal officers from the Commonwealth. It is expected that more than 10 participants will follow the Course this year, most of whom are funded by their governments, the UK Foreign and Commonwealth Office and the UK Department for International Development. The Centre completed successfully a 10-day training seminar for 40 EU judges and prosecutors from 9 EU Member States. The Seminar was evaluated as highly successful by its participants who encouraged the Centre to organise further similar events in the near future.

The Centre completed editorial work for the publication of this year's Sir William Dale Memorial issue for the European Journal of Law Reform with contributions from professional drafters and students at the Centre. The European Journal of Law Reform will be offering a Sir William Dale Memorial issue on an annual basis.

Ashgate/Dartmouth commissioned a collection of essays on Quality of Legislation in Memoriam Sir William Dale for publication in 2007. Dr Stefanou and Dr Xanthaki have been contracted as editors and contributions are invited from prominent drafters in the Commonwealth.

Dr Stefanou and Dr Xanthaki continue their research for their book on the European Criminal Record for Cambridge University Press to be completed at the end of 2006.

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Annual Report 2003 - 2004

The Centre continues to enjoy increased activity and to build upon its reputation for excellence. There are new projects which are stretching our resources to a maximum but we are grateful for the new ventures.

The Ukraine Legislative Drafting Project completed its third year of activity. Between October 2003 and May 2004 the Centre organises a series of six 2-day seminars in Kiev with the participation of foreign experts and Ukrainian trainers graduates of the London courses. We continue to offer gratuitous lectures on EC law, EU integration and drafting for EU approximation to Ukrainian Universities and Ministries. In August-December 2004 the Centre organ-ised a strong campaign in response to the draft Law on Normative Acts of Ukraine prepared by the Ministry of Justice and submitted to Parliament for the first and second reading. A group of ten prominent personalities in the area of legislative drafting offered their services to us and responded to the draft, thus promoting the role of the project and the Centre in Ukrain-ian legislative drafting. From May 2004 the Centre will offer a series of one-week long inten-sive courses in Ukraine on EU law, EU integration and legislating for EU approximation. Publication of the Manual in Legislative Drafting for EU Approximation will be undertaken in collaboration with Prof. Marise Cremona of Queen Mary College. The Minister of Justice of Ukraine, as indeed all beneficiaries, continued to express their gratitude and support for the work of the Project. Emphasis is still given on drafting for approximation with the EU, which is the priority of the President and government of Ukraine. DFID evaluated our project with the highest grade possible for the third year running.

The Centre is in touch with DFID officers and Ministries of Justice in other ex-Soviet countries to explore the possibility of transferring the project elsewhere.

Dr Xanthaki and Dr Stefanou secured a contract with Kluwer Law International for the publi-cation of an edited book based on the 1999 Falcone study on the use of criminal records as a means of combating organised crime. The book is in the last stages of completion.

The conclusions of the 2000 Grotius study on the manner in which national legislatures im-plement EU criminal laws have been received with interest. The study covers unexplored ground and Dr Xanthaki and Dr Stefanou intend to publish this work, now that the Commission has released the copyright.

The conclusions of the 2000 Falcone study on the European Criminal Record were received with much praise by the European Commission and were circulated very widely to govern-ment departments and academic institutions from existing and new EU Member States. The proposal for a European Criminal Record was adopted by the Greek Presidency. Following repeated requests from the Commission and a number of foreign Ministries of Justice, Dr Stefanou and Dr Xanthaki intend to publish the study in the near future. Interscentia, the most prominent publisher for EU criminal law, has shown promising interest but negotiations with them are in the very early stages.

The Centre completed the comparative study on the prevention of the infiltration of legal enti-ties by organised crime and terrorism funded by the European Commission and awarded to us after a closed tender (we competed with Asser Institute and Max Planck Institute). The team hopes to publish this work as an edited book upon release of copyright. The Dutch Presidency will use the report from this study for legislative proposals at the EU level.

The Centre completed the EU-funded project (the grant was €180000) for the organisation of a 10-day training course for court officials from EU Member States in the new developments of EU civil procedural law. The Centre will apply for a similar project in the area of EU criminal law under the AGIS programme.

Dr Stefanou was awarded a grant of €80000 for a comparative study on the creation of an EU database for investigations and prosecutions. The study is supported by the Home Office and Eurojust. The study will be completed at the end of 2004.

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Annual Report 2002-2003

The Centre continued to enjoy increased activity thus gradually building upon its reputation for excellence.

The Commonwealth Course in Legislative Drafting was highly successful this year. The new intensive one-month format attracted 19 students funded by their governments, the Foreign and Commonwealth Office and the Department for International Development.

The Centre was honoured to receive the support of the European Commission in the introduction of a "Jean Monnet module" at the IALS entitled Legislating for EU Membership and Accession which will be offered for a minimum of five years. The Course, which will build upon the materials and resources of the Ukraine courses, will be offered both within the traditional University environment and via distance learning.

The Ukraine Legislative Drafting Project completed its second year of activity. The Centre organised the second and third summer course in legislative drafting for the Ukrainian drafters in the summers of 2002 and 2003. The Centre held five highly successful seminars in legislative drafting in Kiev and offered lectures to Ukrainian Universities and Ministries. The Minister of Justice of Ukraine, as indeed all beneficiaries, continued to express their gratitude and support for the work of the Project. Emphasis is still given on drafting for approximation with the EU, which is the priority of the President and government of Ukraine. The Department of International Development has decided to extend the project until May 2005.

Dr Xanthaki and Dr Stefanou secured a contract with Kluwer Law International for the publication of an edited book based on the first Falcone study (1999) on the use of criminal records as a means of combating organised crime. The book will be published in 2003/2004.

The conclusions of the 2000 Grotius study on the manner in which national legislatures implement EU instruments in the field of criminal law have been received with interest. The study covers unexplored ground and Dr Xanthaki and Dr Stefanou intend to publish this work when the Commission releases copyright.

The conclusions of the 2000 Falcone study on the European Criminal Record were received with much praise by the European Commission and were circulated very widely to government departments and academic institutions from existing and new EU Member States. Following repeated requests from the Commission and a number of foreign Ministries of Justice, Dr Stefanou and Dr Xanthaki intend to publish the study in the near future.

The Centre was honoured to succeed in its application for €45000 for funding of a comparative study on the prevention of the infiltration of legal entities by organised crime and terrorism. The study, coordinated by Dr Xanthaki and Dr Stefanou, benefits from the direct collaboration of Europol. The study was received with much praise from the European Commission and Europol and it will constitute the basis of a meeting of the Commission, Europol and Eurojust aiming to legislate by use of our recommendations. Moreover, the Dutch Ministry of Justice is inclined to promote this study under the auspices of the Dutch EU Presidency.

The Centre, in collaboration with KEDE of the University of Athens, received a grant of €180000 for the organisation of a 10-day training course for judges and court officials from EU Member States in the new developments of EU civil procedural law. The project, which is funded by the European Commission under the Grotius Civil framework, allowed 40 judges and court officials from nine Member States to receive training and exchange views on issues related to transnational civil law cases in the seminar held in May 2003. Positive feedback has been received from participants and the resulting collection of materials -to be made available on the internet- is being prepared.

Upon invitation from the European Commission the Centre participated in a Falcone project on trade in human organs coordinated by the University of Athens. The recommendations drafted by a team of experts including Dr Helen Xanthaki have been welcomed by the European Commission, whereas the European Parliament has expressed its intent to use this study in its new cycle of legislative initiative.
Drs. Stefanou and Xanthaki were successful in their application for funding by the European Commission for a study on the introduction of an EU database on investigations and prosecutions. The sum of €85000 has been received under the AGIS programme.

The second Sir William Dale Annual Memorial Lecture was held on 28 October 2002. Lord Goldsmith QC, Attorney General for England and Wales, fascinated an audience of 200. Lord Hope of Craighead will be the speaker in the 2003 Sir William Dale Annual Memorial Lecture to be held on Monday 27 October 2003.

The joint evening lectures, organised by the Centre and the Statute Law Society, have been a continuing success this year. Prominent speakers attracted even larger audiences.

The European Journal of Law Reform is now being published by the University of Indiana, USA in collaboration with the University of Indiana and the University of Basel.

The Centre continues to act as a consultant in several DFID and ABA (American Bar Association) initiatives in the fields of legislative drafting and law reform. Richard Nzerem took part in the drafting of the new Treaties of the African Union, thus raising the profile of the Centre in Africa. The Centre, in collaboration with the British Institute for International and Comparative Law and with the kind support of Prof. Terence Daintith, offered consultancy services in the field of drafting to the Republic of Cyprus. Drs. Stefanou and Xanthaki have been appointed consultants in a PHARE project aiming to provide advice and training and professional development of judges and prosecutors in Bulgaria.

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Annual Report 2001 - 2002

The Centre enjoyed a frenzy of activity in the last year and we are gradually acquiring a reputation for excellence.

The Ukraine Legislative Drafting Project completed its first year of activity. The Centre organised the summer course in legislative drafting for the Ukrainian drafters in the summer of 2001, organised five highly successful seminars in legislative drafting in Kiev and offered lectures to Ukrainian Universities and Ministries. Currently the Centre is in the process of publishing the first volume of the Manual in Legislative Drafting. The new Minister of Justice of Ukraine met with the Centre's Project team and the British Ambassador in Kiev to express his gratitude for the work of the Project and his full support for future activities. DFID's strenuous annual evaluation exercise for the Project was completed last month and was exceptionally good. Indeed, the Centre is well ahead of the initial Project log frame. DFID will continue to fund the Project for at least the next year. Emphasis will be given on drafting for approximation with the EU, which is the priority of the President and government of Ukraine. Applications to DFID for future projects are pending.

At the end of May the Centre submitted to the European Commission a very high profile, three-volume comparative study of twenty EU Member States and accession countries on the creation of a European Criminal Record. The idea of the ECR, which was put forward by Constantin Stefanou in a previous Falcone project carried out by the Centre, has been taken up by the European Commission and is now in the list of priorities of the Presidency of the European Union. Although the Commission's final comments on the study are expected in the middle of July, their initial reaction has been very positive.

The Centre also submitted to the European Commission a three-volume comparative study of all fifteen EU Member States on the manner in which national legislatures implement EU instruments in the field of criminal law. The study covers unexplored ground and already a lot of interest has been expressed on our results by Universities and governments Europe-wide. Two European publishers, Nomos and Interscentia, have offered to publish this work when the Commission releases the copyright. Applications to the Commission for further funded studies are pending.

The joint evening lectures, organised by the Centre and the Statute Law Society, have been a continuing success this year. Prominent speakers attracted even larger audiences, as most members of the Advisory Committee who followed the lectures can confirm.

The European Journal of Law Reform , published by Kluwer, is a continuing success although we are still in need of further contributions (in the form of Articles or short Country Reports).

The Centre continues to act as a consultant in several DFID and ABA (American Bar Association) initiatives in the fields of legislative drafting and law reform mainly in Bulgaria, Ukraine and Kyrgyzstan. We also collaborate with the Universities of Bremen, Athens and Ghent in a number of projects. Richard Nzerem will take part in the drafting of the new Treaties of the African Union, thus raising the profile of the Centre in Africa.

However, this past year has not been without struggles. The Commonwealth Course in Legislative Drafting continues to be of concern. The Course remains a core activity of the Centre, although it is no longer its sole activity and sole source of income. In the last three years, at least, we have seen a decline in student numbers. However, it would be a error to presume that this indicates lack of interest for the Course, as the number of student applications that we received has increased in the last two years. This is an outcome of Richard's active publicity for the course, which has resulted in 26 applications from governments and individuals in the years 2001-2002 alone. The vast majority of applicants, bar three, expressed their regret for the lack of funding, which would allow them to follow the Course, and asked us to allow them to defer for next year. It is obvious that the main reason for the decline in student numbers has been the cost of our course coupled with the unfavourable exchange rate of the strong pound. The Centre presented a proposal to the IALS Management Committee for a decrease in the course fees from £7,750 to £5,500 including accommodation and meals. An average number of 10 students could provide us with a £40,000 income, whereas 15 students would provide income of £60,000. However, further consideration on the issue of funding for the Course is urgently needed. The IALS will only continue to allow us to offer the Course if they are persuaded that it can be viable. In its present format its viability is doubtful.

The second Sir William Dale Annual Memorial Lecture will be held in October 2002. The speaker has been confirmed as Lord Goldsmith QC, Attorney General for England and Wales. Lord Hope of Craighead has agreed to be the speaker in the 2003 Lecture.

The Sir William Dale issue for the EJLR is not completed yet. Three further contributions from members of the Advisory Committee are needed.

The Centre has never been as active as in this last year. However, the issue of funding which plagues Universities in the UK and abroad is affecting the Centre too. It is hoped that the Advisory Committee will assist the Centre in its continuing struggle to earn the income necessary for its survival.

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Report 1999 - 2001

This has been a mixed year for the Centre. On the one hand, the Centre suffered greatly from the loss of its founding Director, the late Sir William Dale. On the other hand, new research and consultancy opportunities opened the way for an exciting time ahead. The Course in Legislative Drafting was followed by ten students from places as diverse as Cyprus and Bermuda. Of those students, nine graduated with a Certificate. The increasing number of applications for Ph.D. admission in the field of legislative studies is an encouraging sign for the creation of a postgraduate research culture in this field. However, until now the quality of these applications did not allow their acceptance by the IALS.

The Centre acquired research funding by the European Commission for a study on the use of criminal records as a means of combating organized crime in the fields of money laundering and public procurement. Project JHA/1999/FAL/ 197 is now in its very final stages. Two more applications for funding have been successful and the Centre has undertaken the task to complete Grotius project 2000/ GR/109 on the implementation of third pillar instruments and Falcone project 2000/FAL/168 on the creation of a European Criminal Record by the end of 2001. The Director of the Legal Service of the European Commission commissioned the Academic Director of the Centre to conduct a study on disciplinary proceedings within EU Member States: the study is now completed. Further applications for funding are pending.

The Centre has acted as a consultant in several DFID and ABA (American Bar Association) initiatives in the fields of legislative drafting and law reform mainly in Bulgaria, Ukraine and Slovakia. The Centre participated in a project of the College of Law, funded by DFID, for the provision of mentoring and assistance for the development of a course in legislative drafting by the Kiev Mochyla Academy.

The future of the Centre and its activities is now greatly enhanced by the appointment of Mr. Richard Nzerem, formerly of the Legal Service of the Commonwealth, as the new Director. D. Helen Xanthaki will continue her work at the Centre as the new Academic Director.

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Annual Report 1998-1999

In the first year of its functioning the Centre's main aim was to identify its specific objectives in teaching and research. The Centre drew expertise from the Visiting Research Fellow, Prof. Allessandro Pizzorusso, and the Research Fellow, Helen Xanthaki, in order to determine areas of research where further studies could be most useful. Pilot projects, such as the compilation of short reports on delegated legislation in Europe and the USA, were initiated by the Director. These pilots were used to identify areas of current research interest and areas whose novelty suggested lack of research altogether. Comparative studies in drafting and drafting within the European Union, at both national and EU level, were identified as main areas of interest for the Centre.

In the second full year of its functioning the Centre developed the identified areas of research further. Short term research goals were established and achieved, whereas the foundations of long term projects were set.

1. SHORT TERM PROJECTS

1a. Teaching

The flagship of the Centre has been the Course for Legislative Drafting offered by the Centre under the auspices of IALS. One of the tasks of the Centre has been to compile a database of contacts within all Commonwealth countries, EU Member States and Eastern European countries to which details of the Course and general publicity materials are to be sent. Last year's intake of students from countries which have not participated in the course before (at least not in the last few years), such as New Zealand, Bermuda, St. Helena and Tonga, are proof that the compilation of the database is quite useful for the Centre. Although the course was followed by a relatively small number of students, there is every hope that this year a larger number of participants can follow a more structured and modernised course which will include options in common law drafting and EU drafting. In order to ensure a response to the needs of students, evaluation forms of the course and its lecturers have been collected at the end of last year's course. The detailed feedback of the students will be taken into account in the design of next year's course and the selection of lecturers for next year. On the basis of this evaluation a new main lecturer is being sought.

1b. Research

Short-term research projects include the production of a series of publications by the Centre's Research Fellow, Helen Xanthaki. These include the following:

Books

Forthcoming : Constantin Stefanou and Helen Xanthaki, A Legal and Political Interpretation of Article 215(2) of the Treaty of Rome: The Individual Strikes Back , monograph, Ashgate/ Dartmouth; completed: June 1999.
Forthcoming : Helen Xanthaki, The French Legal Tradition , book commissioned by Ashgate- Dartmouth for the Law of the Nations series - completion date: 31st December 2,000.

Articles

Helen Xanthaki, "An EU success story? The recognition of foreign public limited companies in Greece, France and Italy", [1999] European Financial Services Law , pp.1-12.
Helen Xanthaki and Claire Archbold, "No-Fault Divorce in International Legal Reality", [1998] Synchroni Ellinida (in Greek), pp.18-31.
Forthcoming : Constantin Stefanou and Helen Xanthaki (1999), "Restituzione sotto lo scenario di passività concomitante di Articolo 215(2) e il dialettica di teoria del integrazione europea" (Restitution under the concurrent liability scenario of Article 215(2) and the Dialectic of European Integration Theory), Rivista di Diritto Publico Comunitario .
Forthcoming : Constantin Stefanou and Helen Xanthaki (1999), "The Principle of the Effective Protection of Individual in EC Law and the Dialectic of European Integration Theory", in Northern Ireland Legal Quarterly .
Forthcoming : Helen Xanthaki (1999), "Secondary Establishment of Companies within the EU: A Real Challenge or Another Missed Opportunity?", in European Business Law Review.
Forthcoming : Helen Xanthaki (1999), 'Money Laundering in Greece' in CCH Anti-Moneylaundering Loose-leaf to be published in 1999 .
Forthcoming : Helen Xanthaki (2000), a series of 20 entries for an interdisciplinary multi-volume publication titled Guide to the Social Sciences .
Forthcoming: Constantin Stefanou and Helen Xanthaki, "Restitution for EU companies under Article 215(2)EC and integration theory", [1999] European Financial Services Law .

Research Projects

Helen Xanthaki (1999), 'Ethics amongst Lawyers and Accountants in Greece' within the framework of the Falcone project on Money Laundering and the Vulnerable Professions chaired by Prof. Avrom Sherr at the IALS financed by the EU: Greek report and participation in the drafting teams for the final report.

Helen Xanthaki (1990), 'Exclusion clauses for public tenders' within the framework of the Falcone project co-ordinated by Dr. Simone White: EU reviser to the project.

2. LONG TERM PROJECTS

2a. Teaching

The future of the Course and its adaptation to the new demands made to drafters working in an increasingly internationalised environment has been the subject of lengthy discussions in internal meetings within the Centre and IALS. The need to include a greater international and EU element in order to expand the market, to which the course is addressed, is widely accepted. At the same time, the core market for the course was and still is the Commonwealth and the common law style of drafting. Currently, the prevailing view for the future of the course is to offer a twelve week tuition. The course will offer one common set of six to eight weeks on modern common law drafting. In the second part of the course parallel lectures and seminars on two streams of specialisation will be offered. Students wishing to explore advanced issues of common law drafting will have the opportunity to follow the common law stream, whereas students wishing to explore EU law drafting will follow lectures on the transposition of Directives, the SLIM initiative and drafting at EU level.

2b. Research

A long-term project for the Centre concerns its active involvement in the publication of the European Journal of Law Reform. The journal, whose fourth issue is currently under publication by Kluwer, aspires to become a leading forum in the field of law reform at national and international levels. Articles accepted so far reflect the wide scope of this publication, which analyses law reform in all areas of law within Europe and beyond. Special issues - already prepared - include an issue for money laundering and financial crime, whereas issues on international trade and human rights are already on the way. Helen Xanthaki is a member of the Editorial Board and works closely with Frank Emmert, Dean of Concordia University in Estonia, and colleagues at the University of Basel for the prompt and efficient completion of each issue.

The Centre is eager to establish collaborative work with other units within the IALS and outside the framework of the University of London. This long-term goal has been pursued this year and the Centre is delighted to report the collaboration of its Research Fellow with the unit of the Woolf Professor for Legal Education, Professor Avrom Sherr. Prof. Sherr has kindly agreed to involve the Centre's Research Fellow in two large EU funded projects: a Falcone project on money laundering and the vulnerable professions and a Grotius project on legal education and ethics in the field of money laundering. The Falcone project, which has recently been completed, involved the use of the Centre's Research Fellow as national rapporteur and a member of the final report team. In the Grotius project, which is still on-going, participation under similar terms has been established.

The collaboration between the Centre and well established units, such as that of Prof. Sherr, has been very valuable. The training and experience that the Centre's staff gained in commissioned research has resulted, so far, in one successful EU-funding application. Helen Xanthaki will co-ordinate a study of criminal records as a means of preventing organised crime in the areas of money laundering and public tenders in the EU Member States. The study has acquired funding from the Falcone Project to the sum of 17,600 Euros. Two more EU-funding applications have been submitted to the EU Commission (under the Schuman Project) but the results are so far unknown.

The focus of the Centre's research for the next two years will be on EU drafting and in particular the SLIM initiative. The simplification of EU legislation seems to be one of the Commission's main priorities as the results of the Member State's treatment of Directives are now becoming known. The examination of the SLIM initiative constitutes, therefore, an excellent research area of topical interest to professional drafters at EU and national level. An article on SLIM has already been completed and will be submitted for publication, as the first step in a series of publications - in the field of EU drafting - pursued by the Research Fellow of the Centre. An interdisciplinary book co-authored by Helen Xanthaki and Constantin Stefanou on Legislative Drafting in the EU is currently being negotiated with publishers. It is hoped that this will be the first long publication of the Centre.

Last year has been one of hard work on all fronts. However, for the development of the Centre more hard work, further collaboration with partner units and institutions and even more vigorous activity for the publicity of the Centre and the Course are required. The contribution of the Steering Committee can help the Centre achieve its objective as a leading unit of academic research in a practical area of law.

Page last updated: 1st February 2018