This thesis concerns the relationship between English and European Community administrative law. The main aim is to draw out the nature of this relationship by comparing the development of two principles, the principles of legitimate expectations and proportionality, within English and European Community administrative law. A secondary aim is to assess the challenge presented by European Community law for English law. The emphasis is on the distinct visions of law or legal traditions which have influenced both systems of administrative law rather than specific substantive laws. Chapter 2 identifies the nature of the English and Continental traditions of administrative law and the development of English and European Community administrative law. More specifically, English law is based on the common law approach while Continental and European Community administrative law has a more purposive orientation. Chapter 3 examines the pressures for the adoption of the two principles in English law. These pressures have been both internal, through the role of Lord Diplock, and external, through the influence of European Community law. In Chapters 4, 5, 6 and 7 the principles are examined in depth in both European Community and English administrative law. Comparative observations of the articulation of the principles in European Community law and their development in English law are made in chapters 5 and 7. In this respect the identification of the different traditions of administrative law becomes crucial in assessing the success of the principles as legal transplants in English law. The conclusion draws together these themes in order to identify the relationship between English and European Community law. An assessment is also made of the challenge presented by European Community law and suggestions are made as to what English law ought to do in order to respond effectively.

This thesis aims to examine a selection of the standards identifiable in the published work of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment ("the CPT"). Part I commences with an examination of the mandate and modus operandi of the Committee, followed by an exposition of the two fundamental principles - of confidentiality and co-operation - which inform its work. The CPT's standard-setting work is introduced by means of an examination of its evolution and rationale, the purport of standards set and the ways in which such standards find expression. Part II concerns CPT precepts on police custody. It begins with an examination of the CPT's "three fundamental safeguards against ill-treatment": the rights to notify a third party of the fact of one's detention, of access to legal advice and to a medical examination by a doctor of one's own choosing. It then considers, in turn, the duty to inform a detainee of all his rights; the conduct of police interrogations; the electronic recording of interviews; the maintenance of custody records; and police complaints and inspection procedures. Part III is devoted to a number of matters considered under the umbrella term "imprisonment". It begins with a detailed examination of the phenomenon of prison overcrowding, its effects on detainees and the prison environment, and policies designed to eradicate it or at least mitigate its effects. There then follow two sections on recourse to and safeguards attending, the use of force and/or instruments of restraint and solitary confinement in places of detention (which places include, for the sake of completeness, police establishments, immigration detention centres, psychiatric establishments, etc.). Part IV attemptst o draw everything together, to assess the impact of CPT standards on national criminal justice and penal policy and to consider ways in which that impact might be enhanced.

This thesis addresses the question whether there is a basis for active assisted dying to fall within the protection of the European Convention on Human Rights (ECHR). With desperate individuals addressing the European Court of Human Rights (ECtHR) in order to be granted a right to die, but being denied it, the right to life is turned into a de facto duty to live. An evaluation of the concepts of dignity and autonomy will highlight the need for a right to die, to counterbalance the right to life. Seeing dignity as a subjective element means that a dignified life can only be evaluated by the person living it. If therefore a dignified death is believed to be one brought about with assistance before natural death would occur, this should not be dismissed based on a general idea of how and when people should best die. Believing in a right to a dignified life asks for a right to die in dignity. Seeing autonomy as a relational concept, meaning that for a truly autonomous life we are dependent on others and society as a whole, stresses the need for a legalisation of assisted dying. The thesis analyses the ECtHR’s approach towards assisted dying and what factors prevent it from adopting a more forthright approach towards a right to die. Based on a lack of consensus among the Member States, the Court relies on the margin of appreciation and shies away from taking a stand. While seeing that dying is a part of life and consequently falls within the ambit of Article 8, the protection of private and family life, nonetheless Article 2, the right to life, acts as a barrier to any claim for a right to die, which arguably turns the right to life in a duty to live. Looking at the legal situation in England and Germany highlights the difficulty in reaching a European consensus on assisted dying. Actively assisting someone in dying, who is unable to commit suicide unaided, is a criminal offence in both countries. However, there are significant differences between the two jurisdictions. In England, assisting someone in committing suicide is prohibited under Section 2 of the Suicide Act 1961, whereas in Germany it is in theory legally possible. Yet, in England, assistants can hope to avoid prosecution based on the Director of Public Prosecution’s guidelines of 2009, whilst in Germany assistants face prosecution based on other legal provisions like the Narcotics Act. While Germany moves towards a criminalisation of assistance in suicide offered for a fee (commercial assisted suicide), in England, debates on Bills focus on attempts to legalise some categories of assisted dying. The comparison suggests that a European consensus is not likely to be achieved in the near future. The thesis concludes that based on dignity and autonomy the national approaches towards assisted dying should be revised and legalisation should be considered. This is necessary so that the ECtHR can counterbalance the right to life with a right to die.

This is a study on some controversial legal aspects of resorting to arbitration in disputes concerning administrative contracts with an international dimension – i.e. contracts between public authorities in the United Arab State (UAE) and foreign companies, as well as contracts concluded between local parties but indirectly generate results of international dimensions. In this study, I have adopted a descriptive methodology, meticulously describing the legislative and judicial status in the UAE compared to those of both Egypt and France. In addition, I have also resorted to an analytical approach to provide a concise analysis of the essence of legal provisions guided by the established jurisprudence and judicial opinions. Finally, I used the comparative approach to draw parallels and difference within the legislature and the judiciary between three legal systems, with an eye at making use of relatively advanced legal systems. According to the above, and through utilizing the three research methods mentioned, (the descriptive, analytical and comparative), we attempted to analyze the various relevant jurisprudence and judicial opinions, together with court rulings and legislative provisions. The ultimate objective is to draw scientific results from the detailed evidences drawn from the selected rulings, as well as deciding on the position of both local and international jurisprudence and judiciary on this regard. This is to consolidate the theoretical positions with existing practice. At the outset of the thesis (chapter one) this study begins with a discussion of the main concepts of the constitutional system of the United Arab Emirates (UAE), with an explanation of the federal structure of the state and the nature of the UAE system of government. This is important because this study is mainly concerned with the UAE. This is followed by an illustration of the principles of administrative law within the UAE state. The study shows that the judicial system of the UAE state adopts a unitary judicial system whereby the same courts have jurisdiction on all sorts of disputes, both on disputes arising from administrative law and administrative contracts, as well as on disputes arising between private persons. This would unify the rules that apply to all disputes relating to the administration including administrative contracts with international dimensions. (Chapter two) attempts to define the concept of the administrative contract; the main focus of this study, and the criteria for distinguishing it from other types of contracts. It is concluded that the distinctive criteria for administrative contracts in the UAE are that: (i) one party to a contract shall be a public persona (such as the state, city authorities or municipalities); (ii) the contract shall be connected to the running or organization of a public facility (such as public institutions and authorities, security organizations and educational institutions) and (iii) it shall include exorbitant conditions which are unfamiliar in private law contracts. This distinction would help determining the nature of the legal rules to be applied on settlement of disputes, whether pertaining to the rules of administrative law or those of private law. (Chapter three) displays and critically reviews the main ideas related to arbitration in administrative contracts and shows the reservations and disadvantages that might arise from resorting to arbitration in this field. (Chapter four) This study comes to a number of conclusions in relation to these reservations and disadvantages. Despite the great importance of resorting to arbitration in administrative contracts as a speedy and distinctively confidential instrument for protecting the interests of the contractual parties, my opinion resorting to arbitration for settlement of disputes should be followed only if and to the extent it encourages investment in the UAE and it is respectful of higher administrative interests of the UAE state. The same limitation should apply to international administrative contracts and administrative contracts with international dimensions. Arbitration should be carried out without prejudice to the principle that a public authority in the UAE shall pursue a public interest without prejudice to private interests. This study argues that the legislator should intervene in an unambiguous manner to achieve the following results in relation to arbitration in administrative contracts with an international dimension and formulate proposals on how best to address these issues: 1. Determine the fields in which resorting to arbitration in administrative disputes should be admitted. 2. Specify the competent authority for approval of resorting to arbitration in this field (preferably the higher administrative authority within the state, such as the cabinet of ministers, the competent minister or authorized representative among public persona. No delegation is permissible, in this regard, for public persona assuming positions inferior to the above-mentioned ones because of their distinguished expertise which brought them to shoulder highly sensitive positions. Delegation in arbitration should be restricted to a very limited domain and only endowed upon those who assume the highest executive positions and qualified to shoulder high ranking positions and responsibilities. 3. The arbitration panel shall refrain from prejudicing the nature of the administrative contract, that is to refrain from prejudicing public interests, in order not to use resorting to arbitration as a means of evading application of the rules and regulations pertaining to the established administrative contract, which are stipulated to maintain public interest and public funds without prejudice to the rights and freedoms of private persons. Hence, it is pertinent to preserve the administrative nature and enforce the substantive regulations of the administrative contract. The contract should involve provisions for including arbitration, in addition to explicitly specify that the applicable law governing the contract should be the administrative law and the theory of administrative contract, which shall be applied in case of dispute. Arbitration should be restricted to administrative contracts with international dimensions, connected with public interest projects and leading to the encouragement of foreign investment and applying the principles of arbitration for conciliation in internal administrative contracts disputes only. The study concludes by arguing that legislative reform should be carried out to introduce legislative amendments, incorporating the above-mentioned arrangements, which are crucial to the settlement of administrative contracts disputes through arbitration. Resorting to arbitration should be restricted to certain types of contracts concluded by public authorities as an exception to the general principle of resorting to a judicial authority for looking into a legal disputes. These were put in place only to strike a balance between achieving public interests of the state and protecting the rights and freedoms of individuals.

Shared residence was previously viewed with suspicion by the judiciary, but following D v D [2001] a line of cases has developed, where this order is said to benefit children, firstly, by helping them feel cherished, and, secondly, by improving parental cooperation and thus protect children from the harmful effects of exposure to their conflicts. This thesis reviews available research to conclude that shared residence is so unlikely to achieve either objective where it is ordered against a parent's wishes, that the order should be restricted to families where both parents agree. Autopoietic theory is combined with feminist critique to explain the selfreferential nature of law, its tendency to prioritise children's abstract need for fathers and its inability to fully understand parents' complex disputes. The thesis compares the preconditions for, and use of, shared residence in England and in Sweden, concluding that despite better preconditions, Swedish court-imposed shared residence arrangements are unlikely to last, and can harm children by increasing their exposure to conflict. There is also, in contested cases, a worrying focus on equal rights for parents, with children who have grown up in these arrangements complaining of feeling objectified. This, combined with a growing emphasis in English case law on sending symbolic messages about status, is a strong argument against a shared residence presumption. It seems naïve to assume that new, collaborative co-parenting patterns can develop after separation merely because law coerces the adults into a particular kind of formal arrangement. The suspicion is therefore raised that law's agenda is in fact something very different: to mask familial and societal change by making post-separation families conform to a binuclear pattern which resembles the nuclear ideal not only in membership but also in its hierarchical structure.

This thesis analyzes tha value added tax (VAT) in the European Union (EU). Primarily,the issue of tax harmonization and legal basis of tax harmonization in the context of European Union is studied. Furthermore, this thesis makes a comparision of VAT legislation in the EU and Turkey and identifies differences between the EU VAT system and Turkish VAT Law.Lastly, within the framework of finding similarities between Turkish and EU VAT legislation,the thesis tries to examine whether major harmonization laws are needded to be adopted in the accession process in the field of VAT.

ABSTRACT REGULATORY FRAMEWORK OF THE SECTOR-SPECIFIC AND COMPETITION RULES IN THE TELECOMMUNICATIONS SECTOR IN TURKEY IN THE LIGHT OF THE EU LAW Aydemir, Duygu M.S., Department of European Studies Supervisor: Assist. Prof. Dr. Gamze As&ccedil / ioglu-&Ouml / z May 2008, 189 pages This thesis examines the role of the sector-specific rules and competition rules in the liberalized telecommunications markets. It aims to analyse the design of the legal and institutional framework of these two sets of rules in the liberalized telecommunications sector in Turkey in the light of the EU law. To this purpose, the thesis initially compares and contrasts the main characteristics of and shared responsibilities between the sector-specific and economy-wide competition rules and institutions in the post-liberalization and post-privatization period. Then, the thesis explores the EU approach on the balance of influence between these two sets of rules and institutions. Against this background, the thesis examines role, design and interaction of the sector-specific and competition rules and institutions in the recently liberalized Turkish telecommunications markets. It, also, analyses some important competition law cases concluded by the Competition Authority. The thesis has two main arguments. Firstly, it argues that liberalization and privatization in the telecommunications sector does not automatically lead to the competitive environment in the sector. Competitiveness of the markets after the postliberalization and post-privatization period critically depends on the existence of a robust, coherent, and transparent regulatory framework ensuring a smooth balance between the sector-specific and the competition rules and institutions. Second argument is that sector-specific rules have a transitional character. As telecommunications markets move towards effective competition, sector-specific regulation will be reduced and the role of the competition rules in those markets will increase.

This thesis analyzes the state aids policy in EU especially by taking the post-2008 crisis implementations in the banking sector into consideration. The main goal of the thesis is to examine the questions about how the EU directs the considerably strict state aids policy in the crisis term and whether or not there has been a turn in state aids policy tradition during the crisis. For this purpose, the study, first, evaluates the competition policy as the umbrella title for state aids policy, the definition and components of state aids and international rapprochements to state aids policy. Then, the tradition of state aids policy in EU is explained by taking the history and sources of this policy into consideration. Under the light of this advance information, actions of the Union during the post-2008 financial crisis related to the banking sector are tried to be evaluated. State aids implementations in general, attitudes in crisis periods and recent efforts in legislation processes about state aids in Turkey as a candidate country make it worth to link the subject of state aids in Turkey with the study as a subordinate title.

This thesis aims at answering two questions under the topic of Harmonisation of Industrial Property Rights Protection Procedures in the European Union. The questions researched are: &ldquo / What are the current systems of Industrial Property Rights protection in the world, in the European Union and Turkey?&rdquo / and &ldquo / Is there a way for Turkey to be included within the EU Industrial Property protection system in the future while still being under the relation of Customs Union?&rdquo / . To answer these questions current systems of Industrial Property Rights protection in the world, in European Union and Turkey is briefly analyzed and following this analysis, a proposal for a closer cooperation in Industrial Property protection system of Turkey with the European Union is given backed up with a comparison of statistical data of EU, Turkey and candidate countries.