Giuliana Garzone

Rita Salvi

LEGAL ENGLISH
Seconda edizione

1. The European Union

The European Union or EU is a supranational organisation of European countries, which currently

has 27-member states. The Union was established under that name by the Treaty on European
Union (commonly known as the Maastricht Treaty in 1992 (one thousand nine hundred ninety-two).
However, many aspects of the EU existed before that date through a series of predecessor
organisation, dating back to the 1950s (ninted fifties).
The European Union’s activities cover all policy areas, from health and economic policy to foreign
affairs and defence. However, the nature of its powers differs between areas. Depending on the
powers transferred to it by its member states, the Eu therefore resembles a federation (e.g.,
monetary affairs, agricultural, trade and environmental policy), confederation (e.g., in social and
economic policy, consumer protection, internal affairs), or an international organisation (e.g., in
foreign affairs).
On 29 October 2004 (two thousand four), European heads of state signed treaty establishing the
first constitution for the European Union, which is currently awaiting ratification by individual
member states.

2. The Administration of Justice

TEXT 2 → The EU Legal System

Although the Common Law was said to be the law of the English colonies in the United States, the
rules of this law were not easily adapted to the social and commercial environment of the New
World. The American revolution in 1776 (one thousand seven hundred seventy-six) and the
establishment of the United States of America in 1783 (one thousand seven hundred eighty-three )
produced a new climate of legal independence and identity and were accompanied by a
movement urging the development of comprehensive and Federal codes. In particular Louisiana,
after joining the Union, tried to develop a judiciary system of its own and in 1808 adopted a
French influenced Civil Code. This movement provided the basis for the legal system of the United
States , whose increasing independence can be measured by a comparison of several
characteristics : the judiciary branch in the United States has assumed a more and more significant
role as an institution charged with the task of providing a steady balance between the powers of
the fifty State governments and that of the Federal government ; in addition , the courts of the
United States , while accepting the English doctrine of precedent have been more willing to
reinterpret earlier decisions on various cases as a means of modifying the law to meet changing
social conditions . Finally in the nineteenth century the United States undertook a comprehensive
reformation of the laws of property, contract, corporations, and negotiable instruments, further
distinguishing its law from that of England. The basic feature of the US legal system is the interplay
between Federal law and the laws of the fifty States. The Federal Constitution defines the nature
of the power of the Federal government relative to the States and the citizenry. In fact, the
Federal Constitution is no more than a carefully limited grant of power by the States to the Federal
government: thus, the Federal government holds only those powers which have expressly been
conveyed to it by the States.

9. Legal Proceedings and the Media

TEXT 2 → Cogne: expert testimony discussed; Franzoni present

Turin, Nov. 20, 2006 - Anna Maria Franzoni in the Justice buildings in Turin this morning for the
hearing of the appeals trial for the murder of her son Samuele Lorenzi, for which the woman had
been sentenced in a first-degree court to thirty years in jail. Today's hearing will be focused on a
discussion of the psychiatric tests by court experts Gaetano De Leo, Ivan Galliano, Giovan Battista
Traverso, and Franco Freilone. In the 270 page - long document, based on the deeds from the first-
degree trial, wiretaps, clinical records and interviews, the experts spoke of the possibility that at
the moment of Samuele's murder Franzoni may have been suffering from a sort of " “dream-
state”, an anxiety - related syndrome which can even lead to violent actions followed by memory
loss of what actually occurred. The experts’ hypothesis has always been refuted by the woman's
defense lawyer Carlo Taormina. The hearing should be starting soon. The courtroom is open to the
public as well, with about 40 people in attendance, in addition to about a dozen journalists. “It
isn't in my head that you'll find the culprit I will never confess to what I didn't do”, said Anna Maria
Franzoni in the
courtroom, speaking of “prevention and condemnation as concerns myself”, and of a “one-
direction trial which ends here". The woman then left the courtroom and the Justice buildings
accompanied by her husband.

10.Environmental Legislation

Introductory notes
A very important concept of the environmental legislation is the goal of “sustainable
development”: economic growth which doesn’t do irreparable damage to the environment, a
balance between economic requirements and ecological concerns. Unfortunately, this concept
does not resolve the most difficult trade and environmental issues.
Someone thinking that free trade will likely lead to the degradation of the environment; some
other think that growth through trade offers the best opportunity for ensuring that the
environment is protected.
Trade is not necessarily inimical to the protection of the environment; yet the last 50 years have
seen the greatest degradation of the environment inflicted by mankind.
In the consolidated version of the Treaty a large section is devoted to environment; the EU’s
environment policy (art.174) aims to preserve, protect, and improve the quality of the
environment and to protect human health. It also focused on the careful and rational use of
natural resources; it based on the precautionary, preventive action and “polluter pays” principles.

TEXT 2 → The United States

1 – e. In the process of development there will always be lively debate as to what the proper roles
of Federal and State government are with respect to environmental problems.
2 – b. On the other hand, if there is validity to the principle that everything is related to everything
else, Federal environmental law should in the long run tend to a broader, all-inclusive perspective.
3 – d. As our ability to affect the environment increases the areas of federal environmental
protection will undoubtedly increase and further modify our concept of the proper balance
between private and public interest.
4 – a. Ultimately, since environmental issues reflect a concern not only about the quality of life but
about human survival itself, they can be a stimulus to the development of new law in ways it is
now hard to foresee.
5 – c. In the progress that has been made so far, the responsiveness demonstrated in the
development of Federal environmental law has been remarkable: this responsiveness affords a
ground for hotel that our society will learn how to manage its environmental problems and make
its peace with nature.

TEXT 3 → Environment

The European Union's environment policy, based on Article 174 of the Treaty establishing the
European Community, aims to preserve, protect, and improve the quality of the environment and
to protect human health. It also focuses on the careful and rational use of natural resources and
contributes to promoting, at international level, measures intended to combat regional or global
environmental problems. It is based on the precautionary, preventive action, correction at source
and " polluter pays " principles.
In accordance with these principles, the Sixth Environment Action Programme, adopted in 2002,
defines the priorities and objectives of European environmental policy until 2010, concentrating
on four priority areas: climate change; nature and biodiversity; environment, health, and quality of
life; and natural resources and wastes. It is complemented by seven thematic strategies in the
following areas: atmospheric pollution, waste, the marine environment, soils, pesticides, natural
resources, and the urban environment.
Over the past thirty years, in fact, European environmental action has evolved from the resolution
of certain specific problems to a more horizontal, preventive, and integrated approach. The idea of
" sustainable development " was enshrined as one of the objectives of the Union in the
Amsterdam Treaty, and the mainstreaming of environmental protection has been reinforced in
other Community policies, in particular those pertaining to the internal market, transport, and
energy.
It has been made easier for a Member State to apply stricter standards than the harmonised
standards, as long as they are compatible with the Treaty and communicated to the Commission.
Most of the Community acts in this area have been adopted in accordance with the co - decision
procedure, with the exception of certain fields such as fiscal provisions, land use planning or areas
that significantly affect Member States ' choices with regard to energy.

12.A Judgment of the European Court of Justice

13.European Human Rights Law

TEXT 1 → European Convention on Human Rights

Article 6 provides a detailed description of the right to a fair trial, including the right to a hearing
before an independent and impartial tribunal within reasonable time, the presumption of
innocence, and other minimum rights for those charged in a criminal case (adequate time and
facilities to prepare their defense, access to legal representation, right to examine witnesses
against them or have them examined, right to the free assistance of an interpreter). The majority
of Convention violations that the Court finds today are excessive delays, in violation of the "
reasonable time " requiremen, in civil and criminal proceedings before national courts, mostly in
Italy and France. Under the " independent tribunal " requirement, the Court has ruled that military
judges in Turkish state security courts are incompatible with Article 6. Another significant set of
volatins concerns the " confrontation clause " of Article 6 (i.e., the right to examine witnesses or
have them examined). In this respect, problems of compliance with Article 6 may arise when
national laws allow the use in evidence of the testimonies of absent, anonymous, and vulnerable
witnesses.