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European Integration online Papers / ISSN
Vol. 13 (2009), Art. 26
Haar, Beryl P. ter. 2009. The growing potential integration capacity of the acquis of the European Social Model, European Integration online Papers (EIoP), Vol. 13, Art. 26, http://eiop.or.at/eiop/texte/2009-026a.htm.
The growing potential integration capacity of the acquis of the European Social Model*
Beryl P. ter Haar
Faculty of Law, University of Leiden, Netherlands
E-Mail: firstname.lastname@example.com
Abstract: This paper engages in the discussion about the meaning of the open method of coordination (OMC) for the development of the European Social Model (ESM). It argues that, from a legal perspective, the OMC is a positive development rather than a threat for the ESM. To support this argument, the paper introduces an analytical model, based on suggestions of Dehousse and Weiler (1990), to assess the potential integration capacity of the acquis of the European Social Model (ESM) based on the legal dynamics of integration. From such the acquis of equal opportunity in employment and active labour market policies are assessed for their potential integration capacity. The analysis finds that over the course of time, the potential integration capacity of the respective acquis have become stronger since the introduction of the OMC. Therefore, the conclusion is that the utilisation of the OMC to govern these social policies is a positive process which has strengthened Europes capacity to further develop the ESM.
Keywords: European social model; acquis communautaire; open coordination; employment policy; soft law; law
Table of Contents:
- 1. Introduction
- 2. Analytical model to assess the potential integration capacity of EU integration instruments
- 3. Assessment of the legal dimension of integration of the acquis of the ESM
- 4. Analysis of the policy fields equal opportunities and employment and ALMPs
- 5. Conclusions
- References
1. Introduction
The core principle of the European Community (EC) is the creation of a Single Market which consists of the free movement of products (goods and services) and production factors (labour and capital). This economic integration would, in time, ensure the optimum allocation of resources throughout the Community, the optimum rate of economic growth and thus an optimum social system (Shanks 1977, 14). Although the non-interventionist approach to social policy did not last long, the precedence of economic objectives over social objectives is still apparent (Barnard 2006, 7-10). Integration within the EU social policy field is also hindered by the diversity of the welfare systems of the member states, which have made them reluctant to attribute an EU competence in the field and has forced the EC to be creative and flexible in developing its social policy (Barnard 2006, 75-83; Pochet 2005, 39-42). From a historical institutionalist perspective, the precedence of the Single Market over social policy and the diversity of the EU welfare states becomes palpable in the sort of measures the EC uses to regulate the respective policy fields. More precisely, the Single Market is mainly regulated by hard law measures, such as regulations and directives, while the European social model (ESM) is mainly governed by soft law measures, such as resolutions and action programmes (Copeland and ter Haar, forthcoming). Therefore compared to the Single Market, the ESM is much more vulnerable to political change. That is, should there be a lack of support for the ESM in the Commission or the governments of the member states, the significance of the soft law measures and their normative effect will be nihil. Such measures can be ignored by the member states without any significant consequences, such as, judicial review, which could maintain policy in the face of such changing political constellations (Copeland and ter Haar, forthcoming).
It is therefore unsurprisingly that the ESM - when defined by the sort of measures adopted to govern social policy issues, such as employment, social inclusion, health and safety at work, equal opportunities etc - is considered weak at integrating the national policies of the member states. It is also in this context that the emergence of the open method of coordination (OMC), as a new instrument to govern the complex and sensitive social policy subjects is controversially perceived. As Trubek and Mosher (2001, 1) have noted, some scholars see in the OMC as an innovative breakthrough with superior capacity to solve the problems the EU faces in the field of social policy; while others consider the OMC as a development which threatens the ESM. Accordingly, the move towards the OMC is at best a waste of time and at worst a smokescreen behind which the welfare state might be dismantled. The move away from efforts to construct uniform social and employment standards across the EU will contribute to the gradual erosion of the programs and policies that constitute the ESM.
This paper argues that from a legal perspective, rather than weaken the ESM, the OMC actually strengthens it. To substantiate such an argument the paper analyses the integration capacity of the ESM, based upon the legal dynamics of the European integration process. The legal dynamics of European integration are understood as the legal and institutional elements that condition both the magnitude and spatial scope of integration (Dehousse and Weiler 1990, 243). In other words, whether the political or economic dynamics can be executed depends on the magnitude and spatial scope provided by the dynamics of the legal and institutional elements involved with the integration process.
In order to conduct the analysis in a systematic manner, this paper introduces and utilises an analytical model (§2). The model comprises of five legal dynamics known as key parameters which are:
- the competence conferred to the European Community for (further) rule-making;
- the integration technique used;
- the decision making capacity of the involved actors;
- the incidence or effect of the legal instrument on the national legal order; and
- the way in which compliance with the legal instrument is ensured.
Each of these parameters can manifest themselves in four dimensions, varying in four levels from strong integration capacity (level 1) to weak integration capacity (level 4). The more strong manifestations an integration instrument has, the stronger its overall integration capacity is and the more likely the instrument will actually integrate the laws and policies of the member states; the more weak manifestations an instrument has, the lower the instruments overall intention to integrating the laws and policies of the member states.
Rather than an extensive analysis of the integration capacity of the OMC, the paper assesses the integration capacity of the OMC and other measures that are regularly used to develop the ESM. Since the concern is with instruments that aim to influence, converge or harmonise the laws and policies of the member states, the Commissions Green and White Papers, as well as resolutions from the Parliament are excluded. Instruments that are included are directives, framework agreements, action programmes, resolutions and recommendations. To keep this analysis within manageable proportions, this assessment is done for the aqcuis of two policy fields in which the OMC is presumed to play a distinctive role, namely equal opportunities and employment (§3.1.) and active labour market policies (§3.2.).
Furthermore, the instruments are ordered into four roughly equal time periods, 1957/1963-1979; 1980-1989; 1990-1999; and 2000-2008. Therefore it is possible to construct a comparative analysis of the adoption of the number and variety of instruments regarding the respective subjects (see Figures 2 and 5). Finally, all selected instruments are analysed for their individual integration capacity. This means that a key-parameter is analysed by how the legal dynamic of the European integration process has manifested itself in the respective instrument. The instruments are then labelled according to the level of manifestation they resemble the most. Thus, instruments that have most of the manifestations of the legal dynamics in the lower half of the analytical model are labelled as level 1 or level 2 instruments. Those instruments that have most of their manifestations in the middle or upper half of the analytical model are labelled as level 2 or 3 and level 3 or 4 instruments.
Two results of this analysis (§4) are particularly noteworthy. Firstly, the analysis confirms that the ESM is mainly comprised by instruments with a weak integration capacity (level 3 and 4) and hardly involves instruments with a strong integration capacity (level 1 and 2). Secondly, the analysis shows that until the turn of the century mainly level four instruments are used in the policy fields of equal opportunities and employment and active labour market policies. After the turn of the century, a shift to level three instruments can be noticed. Not only does the number of level four instruments decrease for the first time, the number of level three instruments increases. This increase of the use of level three instruments is to be attributed to the OMC which is assessed with an overall integration capacity of level 3.
Based on this empirical analysis of the acquis of the two policy fields, the conclusion of the paper (§5) is that the overall potential integration capacity of both acquis has become stronger as a result of the OMC. Thus based on the legal dynamics of the EU integration process, the OMC is not a development that threatens the ESM; rather it is a positive development, as it entails a stronger potential integration capacity than the instruments previously used within the two policy fields.
2. Analytical model to assess the potential integration capacity of EU integration instruments
To study the legal dynamics of European integration, Dehousse and Weiler (1990, 249-253) suggested a model with key-parameters, such as competence, decision making- capacity and effect on the legal order. These parameters can manifest themselves in several dimensions varying from weak integration capacity to strong integration capacity. This paper further develops the approach into a more comprehensive analytical model with five key-parameters and four levels of integration capacity varying from strong to weak in which they can manifest themselves. Before describing these five parameters and their manifestations (§2.2.), it is necessary to outline the definitions and principles underpinning this model (§2.1.).
2.1. Definitions and principles underpinning the analytical model
The aim of the analytical model is to assess the potential integration capacity of EU secondary integration instruments used to develop the ESM. Central to this is the concept of integration, which has several understandings. In this analytical model, integration is understood as a process of change in national institutional and policy practices that can be attributed to European integration (Vink 2002, 1). More specifically, the expression integration indicates a planned process to unite parts that were before autonomous. As such, integration is not only about the harmonisation of the member states laws and policies, but also includes convergence of their laws and policies and all sorts of reforms that can be linked to EU influence.
Also central to the model is the concept of legal in legal dynamics. This refers to the question: what is legal and when is the legal ambit exceeded? Such a clarification is particularly important for defining the four levels of manifestation of the key-parameters. Underpinning the analytical model is the concept of legalization, as used in international relations (Abbott et al 2000). As such, the analytical model covers EU hard law instruments, such as regulations, directives and decisions. Furthermore it includes legally non-binding instruments that have a normative effect (Senden 2004, 111-113), also called soft law instruments, such as resolutions, recommendations, action programmes and the open method of coordination.
The underlying principle of this analytical model is that the more strong manifestations an integration instrument has, the stronger its integration capacity is in the sense of actually integrating, converging or influencing the laws and policies of the member states. The more weak manifestations an instrument has, the lower the instruments intention to actually integrate, converge or influence the laws and policies of the member states. Integration capacity thus refers to the intention of the instrument to integrate, converge or influence the laws and policies of the member states based on its legal dynamics. Hence, this intention is potential because the complex process of European integration not only involves legal dynamics, but also political and economic. Whether the legal potential of an integration instrument its magnitude and spatial scope is applied to its fullest capacity depends on the political and economic dynamics that are also involved in the integration process.
2.2. The analytical model: key-parameters and manifestations
Based on the previous definitions and principles, the following five key-parameters are classified:
- the competence conferred to the European Community for (further) rule-making;
- the integration technique used;
- the decision making capacity of the involved actors;
- the incidence or effect of the legal instrument on the national legal order; and
- the means to ensure compliance.
Each key-parameter has four different manifestations varying from weak integration capacity (manifestation level 4) to strong integration capacity (manifestation level 1). When putting all this together, the analytical model as shown in Figure 1 is constructed.
2.2.1. Competence
The first key-parameter, the attribution of competence for (further) rule-making, is basic to all other parameters, as without the attribution of competence the EU would be unable to adopt any instrument to govern a subject. Overall, four manifestations can be distinguished: exclusive competence; concurrent or shared competence; coordinative competence; and supportive competence (cf Barnard 2006, 63-65).
Exclusive competence is the strongest form of competence that can be attributed to the EU. This is the matter when only the EU may legislate or adopt legally binding acts regarding a specific subject. member states may legislate or adopt legally binding acts only when it is required for the implementation of EU acts or if it is empowered by the EU. The latter is even irrespective of whether or not the EU has acted itself (Barnard 2006, 68; ECJ Case 41/67; ECJ Case 804/79). Concurrent or shared competence is less strong, because this form of competence does not exclude the member states at all or at least in the first instance. In effect, with concurrent and shared competence member states maintain their competence to adopt measures for as long as they are in accordance with the EU law or until the EU has adopted a measure which either exhaustively or partially pre-empts their activities (Hervey 1998, 44; Cremona 1999, 185). The extent to which the EU may pre-empt the activities of the member states, depends on the outcome of the appliance of the principles of subsidiarity and proportionality (Kirchner 1997; Hervey 1998, 44).
Coordinative and supportive competences are the weakest forms of conferred competence, because they are both non-exclusive, complementary competences. Which means that the member states remain fully competent regarding a specific policy area, while it allows for the EU to coordinate national policies regarding the achievement of common objectives in certain policy areas (coordinative competence) and to complement or stimulate the development of national policies (supportive competence) (Barents and Brinkhorst 2006, 463-465).
2.2.2. Integration technique
The second key-parameter, the integration technique, refers to the techniques used to unite national laws and policies that were previously autonomous. Based on the EC-Treaty and the doctrinal literature regarding European integration, the following techniques can be distinguished (ranked from strong integration to weak integration): total harmonisation; minimum harmonisation; coordination; and procedural obligations.
Total harmonisation is the strongest manifestation of this key-parameter, because it implies the adjustment of national law in order to meet the specific objectives laid down in the EU integration instrument. Moreover, in the case of total harmonisation the national laws are replaced by a single EU rule, leaving no room for Member State action or diversity (Dehousse and Weiler 1990, 250; Curtin 2006, 12). As such, total harmonisation is a very direct integration technique to integrate the laws and policies of the member states. Although minimum harmonisation also aims at the approximation of national laws and policies, it is a weaker manifestation as it leaves some room for the member states to maintain and often introduce more stringent regulatory standards [ ] for the purpose of advancing a particular social or welfare interest, provided that such additional requirements are compatible with the Treaty (Dougan 2000, 855; Curtin 2006, 13). As such, minimum harmonisation takes away certain disparities, but also creates room for diversity. The disparities existing above the minimum requirements are compensated by the principle of mutual recognition. In short this means that member states have to recognise the legislation of each other (Curtin 2006, 13; ECJ Case 120/78).
The integration techniques coordination and procedural obligations do not aim for harmonisation. The former aims to promote the integration process by ensuring or encouraging coordination between national regulatory regimes (Hervey 1998, 37). In other words, coordination is the activity to attune national policies, which is guided on European level and conducted by the member states. Thus, while the member states remain fully competent, they voluntarily limit their activities as they commit themselves to the common objectives and to follow the guidelines. Combined with a process of mutual learning this coordination should converge the activities of the member states in the sense of outcomes and policy ideas and accompanying legislation (Barents and Brinkorst 2006, 311-312; Radaelli 2003, 9-10). The integration technique procedural obligations, for example the sole obligation for member states to exchange information, is to be distinguished from coordination because it is less structured and implies no limits at all to the member states activities. Nonetheless, procedural obligations may converge the laws and policies of the member states since it makes them aware of each others laws and policies. Some of those laws or policies may inspire new, or results in the adjustment of existing, laws and policies.
2.2.3. Decision-making capacity
The third key-parameter, the decision-making capacity of the involved actors, follows from the nature of the EC-Treaty. The EC-Treaty is a framework Treaty which sets an overall design that requires more specific amplification (Weatherill 2007, 28). For this amplification the EC-Treaty not only attributes the competence to the EU institutions, it also provides the instruments to do so. However, these instruments can be used for legislative as well as administrative tasks of the European institutions (Schütze 2005). Whether the instrument is meant to be a legislative measure or an administrative measure can be determined by the decision-making capacity of the institutions involved. Based on the general tasks the EC-Treaty attributes to the institutions(1), the following four decision-making capacities can be distinguished (ranked from strong integration to weak integration): EU-institutions acting as a law-maker; EU-institutions acting as an executive rule-maker; EU-institution, committee or agent acting in a specific function; and the (European) Council acting as moving spirit.
The capacity of the EU-institutions as law-maker is indicated as the strongest, because in this capacity the EU-institutions constitute amplifying legislative acts (cf Senden 2004, 35-37 and 41-55). There is a large variety of legislative procedures (Héritier 2003, 108; European Conventions Working Group IX 2002, 13-14), however all are generally based on three principles, also known as the Community Method. These principles are:
- the Commission has an exclusive right to initiate proposals for new (or revised) legislation or policy;
- only the Council, either as single legislator or as co-legislator with the European Parliament can give legal force to the Commissions proposal; and
- the Council cannot alter the Commissions proposal unless by unanimity (Barents and Brinkhorst 2006, 167-168).
In most cases the legislative measures cannot fulfil administrative requirements and further executive amplification is needed. This is done by delegated or implementing acts, i.e. acts that flesh out the detail or amend certain elements of a legislative act (Schütze 2005, 9). When European institutions adopt such acts, they act in their capacity as executive rule-maker. The EC-Treaty foresees in the adoption of these measures, since it provides the Council, acting either alone or together with the European Parliament, with the power to delegate this decision-making capacity by the legislative act that needs to be fleshed out. The Council can decide to reserve this right for itself or to delegate it to the Commission (Bergström 2005; Craig 1999, 46; ECJ Case 9/56; ECJ Case C-301/02). In terms of potential integration capacity, the capacity as executive rule-maker is of influence, since it is directly involved with the execution of the legislative measures. However, it is weaker than the law-making capacity, because it is subordinate to it: after all, they stem from the legislative measures (Lenaerts and Verhoeven 2000, 652; Schütze 2005, 8; ECJ Case 22/88).
Besides law-making and executive rule-making capacities, the EU-institutions have several specific functions and most of these functions are stipulated in specific policy-related treaty provisions. They vary from the establishment of a specific Committee by the Council or an executive Agency by the Commission (e.g. art. 144 EC-Treaty), to the adoption of budgetary decisions about the ECs estimates (art. 272-276 EC-Treaty), the adoption of soft law measures (Hervey 1998, 52-53; Senden 2004, 55-56 and 118-119), and the adoption of political decisions, such as the communications of the Commission and the recommendations of the Council (Barents and Brinkhorst 2006, 200). Their integration capacity is rather weak because some of them just affect the laws and policies of the member states indirectly, for example, the establishment of a committee to support the Commission in its work. Some others, which are directly aimed at the member states, have a weak integration capacity, because they are merely political declarations of intentions, or guidelines about how national laws and policies should or could and not shall and will develop.
The weakest form of decision-making is found in the decisions of the European Council: the European Council shall provide the Union with the necessary impetus for its development and shall define the general political guidelines thereof (article 4 of the EU-Treaty). In practice, this means that the European Council is the moving spirit behind the European integration process, because it sets the pace and the shape of Community policy and establishes the parameters within which the other institutions operate (cf Craig and De Búrca 2008, 55-58; Weatherill 1995, 64-65). This form of decision making is thus mainly an internal affair of the EU, rather than an external affair directed at the member states.
2.2.4. Effect on the national legal order
The last two parameters, the effect on the national legal order and the means to ensure compliance, concern the relationship between the legal instrument and the domestic law, in the sense of implementation, enforcement, impact and compliance (Snyder 1993, 19). Both parameters involve complex legal doctrines and principles. In short, the basic principle of this relationship is defined by the European Court of Justice (ECJ) as monistic, meaning that the EC-Treaty created its own legal order, which is an integral part of the legal systems of the member states (Craig and De Búrca 2008, 344-346). Moreover, the ECJ enunciated the primacy of EC law over national law (ECJ Case 26/62; ECJ Case 6/64; cf De Witte 1999, 177-183 and 189-193). Furthermore, the relationship is based on the doctrine of direct effect of EC law, which, oversimplified, means that the provisions of binding EC law which are clear, precise, and unconditional enough to be considered justifiable can be invoked and relied on by individuals before national courts (Craig and de Búrca 2008, 268; Prechal 2000).
When it comes to the effect on the national legal order, some EU measures have a very strong integration capacity, since they are directly effective and applicable. In practice, however, not all EU measures are supreme, nor are all of them directly effective and applicable. Some measures are, for instance, not sufficiently operational to be directly applied by a court in a certain situation. It therefore needs further implementation by European or national legislative or executive actors (Timmermans 1979, 534; Craig and De Búrca 2008, 281-282). This is especially the case with instruments that use the technique of minimum harmonisation. These instruments only establish minimum requirements to achieve a certain objective, the choice of form and measure to fulfil these requirements are left to the discretion of the member states (art. 249 EC-Treaty). member states are given a certain period of time to transpose the instrument into national measures. Despite the transposition and the conditions for the applicability of the provisions of these instruments, they have a rather strong integration capacity, since a minimum standard of harmonisation is guaranteed. Moreover, when the instrument is not implemented during the transposition period, a self-executing provision has vertical direct effect, meaning that an individual can rely on it in a case against the state.
Not all the integration instruments are adopted by the institutions of the EU, some of them are concluded between the member states themselves. They are to be counted as an integration instrument because they intend to achieve one of the objectives of the EU, or to complement the EU and EC Treaties, or have to do something with the membership of the EU (Senden 2004, 56-58; De Witte 2001). Examples of such agreements are the EEX Convention and the Dublin Convention concerning requests for asylum. These agreements have no direct effect, unless the Member State adheres to a monist system, like the Netherlands. Most member states, however, have a dualist system, which means that in order to be effective on the national legal order, such an agreement first needs to be transposed or incorporated into that legal order (Hartley 1999, 134-135). Besides the fact that these agreements do not automatically become part of the national legal orders, like the instruments of the EU institutions, they neither have a settled time period by which they have to be transposed. As a result of this dependence on the national legislator, these agreements have a basically weaker potential integration capacity.
Furthermore, the EU has at least two sorts of integration instruments that are only indirectly effective on the national legal orders. The first sort is formed by the instruments that need to be implemented in the national legal order. In the intervening period between adoption and implementation, these instruments are indirectly effective, in the sense that the national law needs to be interpreted in conformity with, or in the light of the unimplemented instrument, also known as the principle of harmonious interpretation (art. 10 EC-Treaty; Craig and De Búrca 2008, 287-296). The second sort of instrument is formed by the wide variety of soft law instruments the EU institutions utilise to further European integration (Senden 2004, 118-120). These instruments are called soft law, because they are legally non-binding and not upheld by the ECJ. This means, that even though they are part of the national legal order, their imperative to affect the laws and policies of the member states is weak. However, these instruments can also be indirectly effective, for instance, when they are taken into account for the harmonious interpretation of the national laws and policies (Senden 2004, 340-345).
2.2.5. The means to ensure compliance
The means to ensure compliance is, from a legal point of view, the strongest when it is ensured by the European Court of Justice (Abbott et al 2000, 415-416). Depending upon the effect of the instrument on the national legal order, this can either be undertaken by a direct action (infringement procedure) or an indirect action (preliminary ruling). The infringement procedure is the strongest form to ensure compliance by the ECJ because of the direct involvement of the ECJ regarding national measures. The infringement procedure holds an action against a Member State for failure to fulfil an obligation under the EC-Treaty (art. 226-228 EC-Treaty; Lasok and Millet 2004, 3-4 and 23-44). If the ECJ is of the opinion that the Member State has indeed infringed an obligation under the Treaty, it specifies what act or omission the source is of the infringement. For instance, an incorrect or inadequate implemented directive (ECJ Case C-428/04), a directive that is not implemented in time (ECJ Case C-53/88), or national legislation that is not in harmony with EC-law (ECJ Case C-318/05)(2).
The aim of the preliminary ruling is to preserve the uniformity of EC law (art. 234 EC Treaty, ECJ Case C-166/73; Weatherill 1995, 107). Therefore the means to uphold EC law by a preliminary ruling is slightly weaker than that of the infringement procedure. Because the preliminary ruling is not about the national legislation, but about EC law, the influence of the ECJ regarding the national legislation is less direct. However, since the referring court, as well as the appellate bodies in that case, has to apply the interpretation of the ECJ, the influence is still strong (ECJ case C-320/88, Lasok and Millet 2004, 182).
Other means to ensure compliance are institutional or multilateral surveillance and persuasive pressure. The former, institutional surveillance, refers to compliance being ensured by one or more of the EU institutions - other than the Court of Justice. Besides the EU institutions multilateral surveillance involves the member states. The legal basis for surveillance is not arranged in a general provision of the EC-Treaty, hence it is arranged in several specific policy provisions (e.g. art. 88, 95, 99 and 128 EC-Treaty). The result of institutional and multilateral surveillance is that the member states have to give account of their activities regarding those specific subjects. The latter, persuasive pressure, is a method by which compliance is used for instruments that are either too vague or imprecise to be upheld by the ECJ or are soft law. Mechanisms used to create persuasive pressure are, for example, monitoring, peer reviews, benchmarks, recommendations and public naming, shaming and blaming (Trubek and Trubek 2005, 90-95). The underlying idea of these mechanisms is that member states will comply with soft law in order to avoid negative criticism (idem, 91; Brown Weiss 2000, 548). Although these two means to ensure compliance are rather weak in terms of potential integration capacity considered from a legal point of view, nevertheless, they are not necessarily less effective in practice (Shelton 2000).
3. Assessment of the legal dimension of integration of the acquis of the ESM
The next step in determining from a legal point of view, whether or not the OMC is a positive evolvement for the further development ESM, is to assess the potential integration capacity of all of the integration instruments that have been used and are still used or in force, to further this development. This paper is confined to the assessment of the legal dimension of integration of the acquis of two social policy subjects: equal opportunities and employment (§3.1.); and active labour market policies (§3.2.). As mentioned in the introduction, the assessment is conducted in three steps: firstly, the respective acquis are identified; secondly, the identified and selected instruments are ordered in time; and thirdly, they are assessed by the model and labelled by their overall level of integration capacity, varying from level 1, a strong integration capacity, to level 4, a weak integration capacity.
3.1. Legal dimension of the acquis of equal opportunities and employment
3.1.1. Identification of the acquis of equal opportunities and employment
The identification of the acquis equal opportunities and employment is somewhat troublesome. It is not enough to select only those instruments that at least address the member states. A selection based on the material content of the instruments is also required. In particular, since there are many instruments that govern these policies directly as well as indirectly. For instance, the 1974 social action programme (OJ [1974] C13/1) holds several provisions that directly govern the principle of equal opportunities and employment. The Councils call to seek solutions to the employment problems confronting certain more vulnerable categories of persons (the young and the aged) is just one example. On the other hand the 1975 Directive on the principle of equal pay (OJ [1975] L45/19) at first glance, has little to do with the principle of equal opportunities and employment, other than that it is about equal treatment of men and women when it comes to pay for the same or equal work. However, there are several instruments that claim that this Directive plays a dynamic role in improving the situation of women (COM (81) 758). These kind of equal treatment measures equalise the opportunities of women, since they do not directly affect the position of the men. They equalise the opportunities of women, because they counteract the prejudicial effects on women in employment which arise from social attitudes, behaviour and structures (Council recommendation 1984), and the disadvantage faced by men with regard to participating in family life (Mixed council resolution 2000a).
Other instruments that at first glance appear to have little connection with equal opportunities and employment are those that give material effect to this principle. The mixed resolution on the social inclusion of young people (Mixed council resolution 2000b), for example, does neither mention equal opportunities nor employment; however, the activities that are called for qualify as positive actions in order to create a situation of equal opportunities for young people to take an active part in social, political, cultural and economic life.
All of the above instruments are selected as part of the acquis of equal opportunities and employment. In total 84 instruments have been selected (see Figure 2 and Appendix 1). This selection includes directives, collective agreements, decisions, action programmes, mixed and Council resolutions, Council and Commission recommendations, and two charters. Furthermore, the selection includes the EES and the OMC Social Protection and Social Inclusion (further: OMC SP/SI).
3.1.2. The assessment of the acquis equal opportunities and employment
Most of the instruments of the acquis of equal opportunities and employment clearly fit into one level, but there are several instruments that fall between two levels. This was particularly the case with the more recent action programmes. The action programmes adopted in the 1970s, 1980s and early 1990s aim to provide a basis for the development of future EU law and policy (Senden 2004, 128-132), as such they are assessed as level 4 instruments. The action programmes adopted since the mid 1990s are considerably different. On the one hand they constitute suggestions for activities to be undertaken by the member states, while on the other hand they create procedural obligations on how to invoke the funding rules. In the first part of the action programmes the suggestions for activities are merely indirectly effective on the national legal orders of the member states and cannot be invoked before the ECJ. Together with the assessment of the other key-parameters, this would result in an assessment of the weakest manifestation of the last two key-parameters, and an overall assessment indicating that it is a level 4 instrument. However, the second part of these action programmes, the procedural obligations regarding the funding rules, are directly effective and can be enforced with direct action by the ECJ. This would result in an assessment of the last two parameters on the strongest manifestation level, level 1, and an overall assessment of a level 2 instrument. In the latter situation the instrument would thus have a significantly stronger potential integration capacity than in the former (see Figure 3). Since the latter part of these action programmes is not aimed at integrating the national laws and policies of the member states and the former part of the action programmes is, these action programmes are assessed on their first part, and finally indicated as level 4 instruments.
Overall, the assessment of the acquis equal opportunities and employment has resulted in the legal dimension as shown in Figure 4 (see for the assessment results per parameter Appendix 1).
3.2. Legal dimension of the acquis of active labour market policies
3.2.1. Identification of the acquis of active labour market policies
The EU promotes seven active labour market policies (ALMPs), namely:
- vocational training;
- the improvement of and the improvement of the access to public employment services;
- job-creation;
- wage subsidies;
- employment subsidies;
- access and entitlements to benefit systems; and
- earned income tax credit.
Unlike the EU integration instruments used to further the integration of equal opportunities and employment, EU integration instruments that promote ALMPs were not so easy to identify. This is due to the fact that, except for vocational training, they have no explicit legal base in the EC-Treaty. Consequently, there are also no instruments adopted with explicit reference in their title to these subjects. For instance, an instrument titled employment services or wage subsidies, cannot to be found, instead the promotion of such policies is found in instruments entitled action to assist the long term unemployed. Therefore, the identification of EU integration instruments governing ALMPs is based on the material content of instruments that, according to their title, were most likely to contain ALMPs. Furthermore, the selection took place through references made in the preamble of the instruments that could be identified by its title. For instance the 1990 Council resolution on action to assist the long term unemployed (OJ [1990] C157/4), refers to three other integration instruments that are adopted during the 1980s. Based on this method, a total of 69 instruments are identified (see Figure 5 and Appendix 2).
3.2.2. The assessment of the acquis of the active labour market policies
Part of the selected instruments are also the action programmes described above. For the assessment of the acquis of the ALMPs, the action programmes have been treated in the same way as they were for the assessment of the acquis of equal opportunities and employment.
Other instruments that were rather difficult to assess are the Council resolutions from the 1980s. Some of them were clearly level four instruments, while three of them have remarkable resemblance with the EES and OMC SP/SI (level three instruments), except for the manner in which compliance is ensured. These instruments seem to arrange an embryonic form of institutional surveillance. For instance, in the 1984 Resolution on action to combat long-term employment (OJ [1985] C2/3), the Council requests the Commission to not only to undertake several supplementary activities and to further develop Community activities, but also to inform the Council every two years about the progress made in the implementation of these actions. In its 1986 Resolution on an action programme on employment growth (OJ [1986] C340/2), the Council invites the Commission to assist with the rapid dissemination of information and best practices throughout the Community, to promote coordinated activities, to make analysis and to write a summary report every six months on the implementation of the programme and on future developments. All in all, these resolutions clearly show an embryonic state of institutional surveillance. Therefore, these resolutions are on the last key-parameter ensuring compliance and are assessed as manifesting institutional surveillance, which has resulted in an overall assessment of these resolutions as a level 3 instrument.
The assessment of all the integration instruments used to govern ALMPs results in the legal dimension as shown in Figure 6 (see for the assessment results per parameter Appendix 2).
4. Analysis of the policy fields equal opportunities and employment and ALMPs
4.1. Analysis of the acquis of the policy fields
A large part of the acquis of these policy fields overlap. This is not coincidentally, since many of the activities suggested to improve the opportunities of specific groups, such as women, youth, elderly and disabled persons regarding employment are ALMPs, and vice versa, many measures promoting the use of ALMPs, require specific attention for special groups. Thus, the 1984 Council recommendation on the promotion of positive action for women (OJ [1984] L331/34), for example, recommends the member states to ensure that positive action includes, among other things and as far as possible, active labour market policies such as (better access to) vocational training and public employment services, that are better attuned to the needs of women. Another example is the 1986 Council resolution concerning the action programme on employment growth (OJ [1986] C340/2), which requires specific attention for the position of women and disabled persons regarding the application of specific ALMPs, such as vocational training and access to and functioning of, public employment services.
Consequently, both acquis have a large resemblance of the sort of instruments that are part of the acquis and their legal dimension. Regarding the acquis of both policy fields, the identification of instruments has resulted in an acquis that almost completely consists of the so called soft law integration instruments including resolutions, recommendations and action programmes (see Figures 2 and 5). The use of directives and collective agreements, which are hard law instruments, is very modest in both policy fields with the adoption of just two or three of the hard law instruments in each time period and none for ALMPs during the last period (2000-2008).
By far the most popular instruments are the resolutions and the recommendations. During the first three time-periods (1957/1963-1979; 1980-1989; and 1990-1999) they count in both policy fields for at least 50% of all the instruments adopted in those periods. It is only in the last period (2000-2008) that their popularity declines to merely 25% of the total number of instruments adopted in that period. The identification of the acquis further shows that the action programme is also a frequently used instrument during all the periods. This is particularly the case regarding equal opportunities and employment where it even gained popularity during the last period. Like the resolutions and recommendations, the action programmes are generally considered as soft law.
The last period (2000-2008) shows the upsurge of the OMC as means to govern the integration of these two policy fields. In the field of equal opportunities and employment, the OMC counts for almost 50% of the instruments used to further integration and in the field of ALMPs the OMC accounts for almost 75%. It should be noted though, that the EES, which is part of both policy fields, counts as a sort of double, since two of its instruments, the guidelines and recommendations, are identified as part of the acquis. Furthermore, it can be noticed that, since this is the only time-period in which the number of resolutions and recommendations remains the same (equal opportunities and employment) and even declines (ALMPs), it seems that the OMC has replaced a part of - those instruments.
The conclusion of this analysis is thus that the acquis of both the policy fields consist almost completely of soft law instruments. During the first three periods their acquis was mainly comprised by resolutions, recommendations and action programmes, while during the last period the acquis of these policy fields is complemented by the OMC SP/SI and EES, which seems to have (partly) replaced some of the instruments previously used.
4.2. Analysis of the legal dimension of acquis of the policy fields
Since the acquis of both the policy fields is mainly comprised by soft law instruments, i.e. resolutions, recommendations, action programmes and OMCs, it is to be expected that the legal dimension of these policy fields is rather weak in terms of potential integration capacity. This is also confirmed by the assessment results as shown in Figures 4 and 6.
Overall the legal dimension of the acquis of these policy fields comprises only a few level 2 integration instruments, these are the directives and collective agreements. Conversely, the main body of the legal dimension is comprised by level 4 instruments. This is due to the fact that the acquis of these policy fields mainly consists of resolutions, recommendations and action programmes. These are all level four instruments, since they have most of their manifestations in the upper part of the analytical model, consequently , the legal dimension during the first three periods (1957/1963-1979; 1980-1989; 1990-1999) exists of 50% to 67% of instruments with a very weak integration capacity.
The last period (2000-2008) shows a different legal dimension. One that mainly exists of level 3 instruments, i.e. 50% to 75%. This is the result of the introduction of the OMC, which is assessed as a level three instrument and is an instrument that in terms of potential integration capacity is stronger than the resolutions, recommendations and action programmes. In this sense the introduction of the OMC has resulted in a growing potential integration capacity of the acquis of these policy fields.
5. Conclusions
Central to this paper is the capacity of the EC to integrate the laws and policies of the member states with respect to social issues, such as equal opportunities and employment, based on its legal dynamics. In this paper it remains undisputed that compared to the Single Market, the ESM is less successful in doing so. This is not only due to the fact that the core focus of the EC is and always has been on the creation of a Single Market, but it is also due to the different welfare systems of the member states which are to be respected by the EC. Consequently, social policies are a complex and sensitive subject which makes it hard to create uniform standards. Instead efforts are undertaken to govern these policies by more flexible tools which strive for convergence while allowing diversity (Pochet 2005, 39-45). Thus, instead of using hard law measures such as regulations and directives to approximate the laws and policies of the member states, the EC applies mainly soft law measures such as resolutions, recommendations, action programmes and since 2000 the OMC. As shown in paragraph 3 of this paper, the acquis of equal opportunities in employment and the acquis of active labour market policies are comprised by approximately 80-90% soft law and merely 20-10% of hard law measures.
As such, the introduction of the OMC, being also soft law, is a negative development, as it adds one more soft law measure that detracts from the efforts to agree on hard law measures, in particular minimum standard directives and collective agreements. However, when all selected instruments are assessed for their potential integration capacity based on the legal dynamics of the European integration process, a more optimistic image arises. Although, the OMC is also a soft law instrument, its overall potential integration capacity is stronger than that of the other soft law instruments, in particular the resolutions, recommendations and action programmes. This is due to the fact that the OMC uses the technique of coordination (level 3), while most of the resolutions, recommendations and action programmes use the technique of setting procedural obligations (level 4). Furthermore, the compliance of the OMC is ensured by institutional surveillance (level 3), and that of the resolutions, recommendations and action programmes by means of persuasive pressure (level 4) (see for the assessment result of each of the instruments per parameter Appendix 1 and 2). In total the OMC has just one parameter assessed as level 4, while the other soft law instruments have three parameters that manifest themselves in the weakest form. Consequently, the overall integration capacity of the OMC is indicated as level 3 and that of the others as level 4 (see Figure 7 ).
It remains a fact though that the acquis of the ESM is mainly comprised of soft law instruments with a weak integration capacity of level three and four, based on the legal dynamics of the European integration process. However, the OMC as applied in the field of social policies, has raised the overall integration capacity from mainly level four to mainly level three of at least two of the policy fields within the ESM. As such, it is not a development that threatens the ESM; rather it is a positive development, as it entails a stronger potential integration capacity than the instruments previously used for the further development of, at least these two subjects that are part of, the ESM. Whether it is also an innovative breakthrough with superior capacity to solve the problems the EU faces in the field of social policies cannot be concluded from this analysis. This also depends on the political dynamics of the European integration process, such as the willingness of the involved actors among the institutions of the EU, the social partners and the member states to apply the OMC to its fullest potential. Based on the numerous researches in this respect, there seems currently to be a lack of such a willingness (Copeland and ter Haar; Zeitlin and Pochet, with Magnussen 2005). When such willingness is there, the OMC might not only be a positive development in terms of integration capacity based on the legal dimensions of European integration, but also in politically solving certain problems in the field of social policy.
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ECJ Case C-428/04 Commission v Austria [2006] ECR I-3325.
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Abbott, K.W. et al (2000) The Concept of Legalization, 54(3) International Organization, 401-419.
Barents, R. en Brinkhorst, L.J. (2006), Grondlijnen van Europees Recht. Deventer: Kluwer (12th ed.).
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Bergström, C.F. (2005), Comitology: delegation of powers in the European Union and the Committee-system. Oxford: Oxford University Press.
Brown Weiss, E. (2000), Conclusions: Understanding Compliance with Soft Law, in D. Shelton (ed.), Commitment and Compliance: the role of non-binding norms in the international legal system, Oxford: Oxford University Press, 535-553.
Copeland, P. and ter Haar, B.P. (forthcoming) What are the Future Prospects of the European Social Model? An Analysis of EU Equal Opportunities and Employment Policy, European Law Journal.
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Council Recommendation 84/635/EEC (1984) on the promotion of positive action for women OJ [1984] L331/34.
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Trubek, D.M. and Trubek, L. (2005), The Open Method of Co-ordination and the Debate over Hard and Soft Law, in Zeitlin, J. and Pochet, Ph., with Magnussen, L., The Open Method of Co-ordination in Action. Brussels: P.I.E.-Peter Lang S.A., 83-103.
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Weatherill, S. (1995), Law and integration in the European Union, Oxford: Clarendon Press.
Weatherill, S. (2007), Cases and Materials on EU Law Oxford: Oxford University Press (8th ed.).
Witte, de B. (1999) The nature of the Legal Order in Craig and De Búrca (eds.), The Evolution of EU Law. Oxford: Oxford University Press, 177-214.
Witte, de B. (2001), Internationale verdragen tussen lidstaten van de Europese Unie, in R. A. Wessel en B. de Witte, De plaats van de Europese Unie in het veranderende bestel van de volkenrechtelijke organisatie, T.M.C. Asser, Mededeling van de NVIR 123, 79-131.
Zeitlin, J. and Pochet, Ph., with Magnussen, L. (2005) The Open Method of Co-ordination in Action. Brussels: P.I.E.-Peter Lang S.A.
(*) Researcher project Social Security Reform at the University of Leiden. The author is thankful for the comments of the participants of the ESPAnet Young Researchers Workshop "The European Social Model and Beyond", held in Göttingen from 6-8 December 2007 and those of the anonymous reviewers of this Journal. Special thanks are for Paul Copeland who edited the paper in decent English. Financial support of Stichting Instituut Gak is gratefully acknowledged.
(1) See art. 189 jº 192 EC-Treaty for the European Parliament; art. 202 EC-Treaty for the Council; art. 211 EC-Treaty for the Commission; art. 220 EC-Treaty for the Court of Justice; and art. 246 for the Court of Auditors.
(2) Mark that the ECJ can only specify the act or omission that constitutes the failure, it cannot annul the national law concerned. Cf Lasok and Millet 2004, 41.
European Integration online Papers | ISSN 1027-5193
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Hi I have an old Singer 5107 which still works fine in forward direction. When I hold in the reverse button and try to back stitch, the needle unthreads and thread bunches up near the take up lever. Anyone have a solution that I can try? |
Follow-Up Postings:
- Posted by lazygardens (My Page) on Mon, Jul 15, 13 at 10:06
As a work-around ... pivot the fabric and sew forwards all the time. QUICK DIAGNOSTIC: What happens if you manually rotate the wheel backwards? If it stitches OK, the problem is not in the timing, it's in the reversing button and what it does to the drive components. If it doesn't stitch OK, it's happening at the bobbin hook and the feed area. As a longer-term project: Last resort: |
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subset: commoncrawl


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Cyclocross with Phillip Green
Green has been racing for about three years. "I love it. I race my bike in the single speed category with a handful of other guys," said Green. "The first couple races of the season are always grueling due to my lack of training. It is always a good time, super great people and a perfect balance of competition and comradery."
Green won his latest race and placed third in the overall series. No doubt he'll be back on his bike for more.


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This dessert is made with wheat, coconut milk and milk. Wheat and coconut is a seldom used combination, but those who have tasted it can't wait for more!!
This is a drink combines all the goodness of coconut and milk. So, a high energy-high mineral drink....just perfect for summer tropical holidays.
CORN CUTLETS Boil a cup full of sweet corn.Mash them.Add 2 TSF each of finely cut onions and capsicum to the mashed corns.Add 2 spoonful of finely cut ginger and a spoonful of green chillies as well as two slices of bread and 2 TSF bread crumps to the above mixture.Also add a spoonful each of red chillies,Anardana powder,garam masala and salt to taste.mash all the ingredients together and make small balls,flatten these balls slightly and fry ih any veg.oil till golden brown. Enjoy your Corn cutlets with hari chutney and tomato ketchup.
A laddoo is a very common dessert in South Asia. Coconut or Narikel Laddoo is one of the many kinds of laddoos that can be found in this region. laddoos hold special memories of my late grandmother ( Nanu) who used to make them every now and then. I very fondly remember that I would always be eager to go over to visit my Nanu, and eat her delicious laddoos. I am sure many of us have similar memories, so make some laddoos for yourself and reminisce the good old times!


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Gear Review
I bought this for my girlfriend and she was mega hyped! It hangs pretty low and looks awesome. Its nice and simple and well made. I have a few other nixon products and am more pumped on their company with every purchase. If you are on the fence about this product, go gold and get some!
View More Details on Nixon Spree Pendant Watch - Women's


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What is the best kind of soil to use for Container gardening?? |
Follow-Up Postings:
- Posted by meyermike_1micha 5 (My Page) on Wed, Jan 30, 13 at 21:52
Have you not been reading the forums here for a while? It says you joined since 2006.... I hope you find what is good for you, or, better yet, what is best for your plants. Mike |
This post was edited by meyermike_1micha on Thu, Jan 31, 13 at 10:06
There is no soil that is good for container growing. What you want is a soilless mix. As Mike suggested, reading some of the threads in this forum will give you a lot of ideas about soilless mixes that are good for container growing. |
- Posted by TheMasterGardener1 5B (My Page) on Thu, Jan 31, 13 at 4:07
"There is no soil that is good for container growing." How about soil just right out of the garden? :) |
- Posted by meyermike_1micha 5 (My Page) on Thu, Jan 31, 13 at 5:22
I knew it...lol Always there at the right time...lol |
- Posted by saturn1956 6 (My Page) on Thu, Jan 31, 13 at 6:07
Well yes as a matter of fact I have been a member since 2006. However this is my first time in this forum and experience with container gardening. .......thanks for the responses. |
- Posted by meyermike_1micha 5 (My Page) on Thu, Jan 31, 13 at 9:20
Well I hope you get all the help you need Saturn and welcome:-) Of course you will always get opposing sides on the issue, bad advice and good. In fact, with all the years I have been here, this has always been a hot topic and some you will see will push dirt, knowing full well what they are up to, and then others will give you their great experiences in what they use, the proven concepts and scientific back up. I have been here long enough to know the difference between 'genuine' and true help, and those that like to stir the pot. Hopefully between all the great info from this particular forum, you will be able to decipher everything you need to do about what's best for your plants and their root health, the respectability of only a minute few here if you read their profile, the majority in success, starting with open and well aerated mixes. Good luck and let's see where your question takes this:-) Mike |
Here is a link that might be useful: The way soils work in your container
- Posted by TheMasterGardener1 5B (My Page) on Thu, Jan 31, 13 at 11:46
"I have been here long enough to know the difference between 'genuine' and true help, and those that like to stir the pot." Yes, I am giving good advice about how you dont have to get too picky over plants. Snobbery even reaches over into growing plants. :) |
This post was edited by TheMasterGardener1 on Thu, Jan 31, 13 at 12:32
- Posted by meyermike_1micha 5 (My Page) on Thu, Jan 31, 13 at 13:37
TheMaster: Was that plant started as a seed in that soil, or purchased as an almost full grown or well established plant in the summer? How does it look now? Thanks Mike |
- Posted by TheMasterGardener1 5B (My Page) on Thu, Jan 31, 13 at 15:58
Here they are just planted. They where a little yellow and not doing so good. You can see by the second picture the topsoil greened them up quite a bit. I fertilized these plants half way in the season with a low dose of miracle gro all purpose. Here they are on their way. "How does it look now?" I would have to agree using to soil in pots is good for short lived annuals grown in full sun outdoors in the summer. Low light, interior plants grown in a cooler location this could not work as well. The only reason I used topsoil in a container is because it is free and wanted to give it a test. The results were so good I would consider using topsoil in a container again. |
I suppose this might just be a forum I can get some info on soil. I recently converted my garden to 4 raised beds 4X12, and added a cold frame to one. Mentioned above was garden soil is not the best for container planting ! I've been using soil from the garden, replaced every season after tilling, a few stones on the bottom of containers, and mixed in compost, mushroom manure, and lightly fertilized. These are 8 - 10 gallon containers that I have had some great planting, not so great, and poor. Get this one, ...last year I placed 4 bell peppers in 1 ten gal container, placed it in partial shade, it came up better than any I ever had in my garden...deer ate all the leaves, even at that I had some great peppers, someone told me peppers like to touch each other..??? |
This post was edited by japus on Thu, Jan 31, 13 at 20:34
The link Mike gave above elaborates on the two soilless mixes many on this forum use: 5-1-1 (pine bark, peat, perlite) and gritty mix (1 part each bark, gravel and turface). |
Ohiofem Thanks, I forgot I had printed that entire topic the other day and as usual laid it aside. I read through Mike's profile and he sounds very interesting. I would like better results, sooo I'll give it a try and report back... soooooooo much to doooooo Mike Thanks for all of your help, I'm sure it's helped many others. Jimmy |
- Posted by TheMasterGardener1 5B (My Page) on Sat, Feb 2, 13 at 11:04
Yes bark is a good material for grow media |
This post was edited by TheMasterGardener1 on Mon, Feb 4, 13 at 11:54
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Source: Delta Farm Press 8/22/2012
read more..
There's a different sort of drought plaguing California, the nation's largest farm state. It's $38 billion agricultural sector is facing a scarcity of labor. "This year is the worst it's been, ever," said Craig Underwood, who farms everything from strawberries to lemons to peppers, carrots, and turnips in Ventura County.
House GOP leaders are readying a one-year extension of farm and nutrition programs that includes disaster aid for drought-affected farmers, lawmakers said Thursday.
Following passage by the U.S. House and Senata, President Obama recently signed off on H.R. 4348, Moving Ahead for Progress in the 21st Century (MAP-21). The bill includes reauthorization of surface transportation programs, an extension of reduced student loan rates and a reauthorization of the flood insurance program.
With drought affecting more than half of the United States, the U.S. Department of Agriculture has named more than 1,000 counties in 26 states as natural-disaster areas, the largest such declaration ever.


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Listen www.smallco.com:80It is recommended that you use an IP address instead of a hostname (see DNS caveats).
<VirtualHost www.smallco.com> ServerAdmin firstname.lastname@example.com DocumentRoot /groups/smallco/www ServerName www.smallco.com ErrorLog /groups/smallco/logs/error_log TransferLog /groups/smallco/logs/access_log </VirtualHost> <VirtualHost www.baygroup.org> ServerAdmin email@example.com DocumentRoot /groups/baygroup/www ServerName www.baygroup.org ErrorLog /groups/baygroup/logs/error_log TransferLog /groups/baygroup/logs/access_log </VirtualHost>It is recommended that you use an IP address instead of a hostname (see DNS caveats).
Almost any configuration directive can be put in the VirtualHost directive, with the exception of directives that control process creation and a few other directives. To find out if a directive can be used in the VirtualHost directive, check the Context using the directive index.
User and Group may be used inside a VirtualHost directive if the suEXEC wrapper is used.
SECURITY: When specifying where to write log files, be aware of some security risks which are present if anyone other than the user that starts Apache has write access to the directory where they are written. See the security tips document for details.


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- Never let it be said that Charlie Sheen is not a philanthropist: he has allegedly paid for vaginal rejuvenation surgery and a car for one of his favorite prostitutes. (I'm not sure I find this rumor believable.) He also allegedly smokes his drugs out of a Fiji water bong. (I do find this rumor believable.) [Dlisted]
- Billy Joel, Christina Aguilera and Jon Bon Jovi are all scheduled to perform at a benefit concert/telethon for Sandy victims on Friday night. [PopCrush, Celebrity Cafe]
- Jason Segel and Michelle Williams' apartment building in the Red Hook neighborhood of Brooklyn is insanely flooded from Sandy. [Daily Mail UK]
- Rumor has it designer L'Wren Scott is creating Angelina Jolie's wedding gown that she'll wear to finally make it legal with Brad Pitt. [Betty Confidential]
Zergnet: Simply Irresistible
- Popular


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British Council: An international organisation for cultural relations and educational opportunities. It is in fact a registered charity and has offices in over 100 countries around the world.
Gazprom: One of the world's largest gas companies. The Russian government owns approximately half of the company. Its board of directors contains a number of government officials; the most recent chairman was Dmitry Medvedev.
MI5: Britain's security service, responsible for protecting the UK against covertly organised threats to national security, including terrorism, espionage and weapons of mass destruction.
NGOs: Or non-governmental organisations, for example the British Council. These can range from charities such as Oxfam to such organisations as the World Bank. They are affiliated to countries rather than governments although a lot of them are international.
Orange Revolution: Took place in Ukraine after the 2004 presidential elections. The runner up, Viktor Yuschenko, took to the streets of Kiev in 10 days of peaceful protests claiming the elections were rigged in favour of the Russian backed candidate. A rerun was ordered and Mr. Yuschenko won. Orange was the colour theme of his election campaign.
OSCE: The Organization for Security and Cooperation in Europe. It is the largest regional security organisation in the world with 56 participating states worldwide. It deals with three main areas of security:politico-military, the economy and the environment.
PACE: Parliamentary Assembly of the Council of Europe. It works with organisations such as the OSCE and is an advisory committee which investigates issues of human rights violations, electoral fraud and legal issues throughout Europe.
Radioactive polonium 210: A rare chemical element which is highly radioactive and can occur in uranium ore; it is highly unstable thus limiting its use. Polonium is highly lethal in the smallest doses; in fact less than 1 microgram can be fatal if ingested or inhaled as it cannot penetrate the skin. It was reported that around 10 micrograms were found in Alexander Litvinenko.
USSR: the Union of Soviet Socialist Republics included not just Russia but its former Soviet republics which are now independent, such as Azerbaijan, Latvia, Lithuania, Moldova, Estonia and Georgia to name a few examples. It was initially established in 1924 and existed until 1991.


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Schwinn Windwood 26 Inch Women's Bike
TheSchwinn Women's Bikes feature a great cruiser design with a matching rack on the back. Having a rack on the rear of your bike is a great option and lets you commute to the store without wasting gas. Engineered for maximum durability, the cruiser is outfitted with alloy rims and a coaster brake. The brake ensures stopping is easy and lets you ride in style and safety. The cruiser is ideal for longer trips and has a padded spring saddle to make sure your comfort is a priority.
- When you want a relaxing cruiser, the Schwinn Women Bike is a stylish option
- 26-inch wheels are ideal for riders taller than 60 inches and enable the easiest ride
- Schwinn cruiser frame has matching fenders and a rear rack, so you can carry groceries or packages with ease
- Style and comfort with a purple tubular frame and a padded spring saddle
- Take a second to look at more of the


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Act One: Make a Video. Act Two: Sell Video Directly to fans.
Following Louis CK and Radiohead, This American Life has deiced to cut out the middleman. Following a partnership with Vhx.tv, This American Life is selling a recording of Invisible Made Visible directly to fans.
The strategy points to the wisdom of having an engaged subscriber base to distribute content.


text: Lions Called Up For National Duty Ceren, Molino, Redding all set to represent their nation Orlando City SC announced on Monday that Kevin Molino, Darwin Ceren and Tommy Redding have been called up for international duty by their respective national teams. Both Ceren and Molino will participate in two international friendlies, on Wednesday, June 4 and Saturday, June 7, against top teams in the world. Meanwhile, Redding has been called up by the U.S. U18 Men's National Team for the Junior International Tournament in Portugal.


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Ian Holloway felt his side showed Watford too much respect early on after Crystal Palace rallied from 2-0 down to earn a 2-2 draw at Vicarage Road on Friday night.
Goals from Almen Abdi and Nathaniel Chalobah put the home side in control before Peter Ramage prodded home on 66 and Kevin Phillips completed the Palace comeback four minutes later with a cool finish.
But Holloway could not help being critical of Watford's recruitment policy, which has seen them loan several players from Italian club Udinese.
"I need some foreign scouts, or to befriend a big club like they have, and to nick all their players," he said.
"They've got nine from one club! It's a loophole and that's wrong. Unlimited foreign loans? It can't be right.
"I thought we were too worried about stopping them. I want to attack, so I thoroughly enjoyed the second half. We got what we deserved and maybe by the end we could have nicked something else.
"What we need from now on are some second half performances in the first half."


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Eatyourkimchi in the Netherlands: Day 1!
Woohoo! We've got only a couple more days left in our European Tour video footage. Here's Day 1 of us in Amsterdam, where we had not one, but TWO meetups! The first one sold out, and there were so many more people that wanted to come, so we decided to open up for a second one. TWO IN ONE DAY! Booya!
Before we carry on: let us take the time to give a big round of applause to Hallyucon. They got such a freaking amazingly gorgeous venue, and made an awesome intro video of us, and had a load of super fun things for us to do. Instead of us just rambling forever and ever, we played some games and interacted with you guise, and they definitely helped us feel less awkward than we would naturally feel on stage. Nothing awkward about tying a string around your waist, putting a nail at the end of the string, and trying to lower the nail into the mouth of a wine bottle. Nothing awkward at all! And dancing to Abracadabra and Intoxication, and jumping in the air to bite cakes off strings without using our hands…totally natural. Ha! No, but seriously. We had so much fun, and met so many awesome people, and if Hallyucon ever asks us to come back we will GLADLY say yes.
Side note: you people are TALL. Like, really freaking tall. A couple came on stage to take pictures with us during picture taking time, and both the guy AND the girl were much taller than me. We met lots of really tall girls. REALLY tall girls. It was amazing. I didn't experience looking up to a girl in like, ever in the history of foreverness. Even when I was born I was taller than my mom. Ha!
Also, umm, everyone's freaking gorgeous. Holy shit guise. Like, model gorgeous. I looked at some people and thought "why the hell are they watching our videos? Shouldn't they be laying on a beach somewhere and having people throw money at them?" If I had money to throw I'd throw it at them, right in their really beautiful faces.
And, another thing: there were a lot of guys here! The most guys out of any of the events we did. Totally amazing! It's true that the male Nasties on Eatyourkimchi aren't as plentiful as the female Nasties, but there were so much more here than what we're normally used to. So cool! And so many people of different ages. We saw one family that came up with two young kids, really young, and they both had Eatyourkimchi shirts on. The parents told me that it was the kids themselves that discovered us. Totally awesome! I got all choked up from it. YES I GET CHOKED UP EASILY SHUT UP!
Ok, that's it for now. Check out the pictures from both events here. We've still got one last day to post. It's almost done. We should put it up on Tuesday along with/before/after/somewhere around Kpop Music Tuesday. We usually tough it out and edit Music Monday up until 4AM, but it's 11PM now as I write this and WHOOOOAAA SLOWWW MOTIONNNN SLEEEPY NAOOO PLEEEEASSSEE.
Make sure you don't miss any of our videos by clicking on the button below, right here. And, because it's in this post, if you click it, it'll make you taller. It's the gift of the Netherlands.
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How can I download some of the group pictures from the site?
Thank you so much for coming to the Netherlands and certainly for doing the second event! I had a really lovely day in Amsterdam thanks to the event. (everytime I visit, I feel like a tourist in my own country :b). We walked around with a group of awesome people, went to a bubble tea shop and in the evening we ate at a Korean restaurant: bbq style! :D One of us, not me, asked Martina for bbq tips.
I'm curious though: what kind of Dutch dishes did you taste, aside from the ones at the fanmeet?It was really weird seeing you guys in person, like: omg, they actually exist! :D The fanmeet was really fun: too bad that it was kinda short, at least that is how it felt for me ^^ , and a bit rushed at the end. But you always can come back and do another event. :D
(I was the one with the pinguin hat at event from 13:00 – 15:00. I call my lucky hat now. XD I'm thinking of sending you a package with hats like that. (I don't know exactly when yet.) You can choose from: monster, owl or striped owl, werewolf, mouse, panda or monster(?) panda, leo cat, monkey or colour monkey, marled bunny or pinguin.)
Well, for the kpop fangirls, if you don't marry a kpop star, maybe a Netherlander (?) is the next best choice. Like holy freakin smokes, that guy at 4:30 was hott. lol. No pun intended
Yes we are very tall :P. For us guys it is about 182 cm or 6 feet, the same height I am. The girls are around 171 cm or 5 feet, 8 inches.
I knew that was the first thing that Simon said was "Wow you people are really tall here. I really feel normal with my length here" :P.
It was also very fun to help Martina with "koekhappen" (Jumping up and down to bit of cake of a string), sadly you lost Martina ;), but was very fun to help you koekhappen. Also really fun to help you pronounce the other game "spijkerpoepen", you almost had it right hahaha.You guys are even more great in real life and I had lots of fun with you. It felt so special that you would talk to everyone and hug everyone that was really nice :).
Good luck with all your videos. I'm anticipating them all and I secretly hope you still remember me very well and that you liked my fanletter that I gave to you :D. -
Man oh man, I've got to go to the Netherlands some time – my Mom was born there, as were my Dad's parents, but I've never visited. I'm about 180cm and in our area I'm freakishly tall (not enough Dutch people I guess!)
I hope you guise will visit Chicago some time – I'll make sure and come see you!
It was so awesome meeting you guys. Thank you so much for this experience. You are so sweet and kind. And so funny XD Thanx for the autographes on my pants <3 Lots of love and huggles….from the other weird married couple people :P (That term will stick with us 4ever, thanx XD)
Oke first of all, Thank you so much for comming to the Netherlands! secondly I found myself in the video when you went up the stage for the afternoon meet, I am left in the screen wearing a very yellow hoodie (around 4:02).
When the staff announced that they pasted something underneat our chairs I was so shocked that I actually had the invitation to come on stage for the quiz. I was shaking, could barely stand and even dropped my marker…. I was the first to get on stage. The kinda tall girl (1,86m..around 6'1 I think) standing to the only guy contestant and said Simon could do hacky sack 10 times and Martina said I was crazy and way off :P
Anyway it's good to hear you have enjoyed yourselfs and I hope that I will be able to meet you again some day.
PS: Someone said it befor but I really thought Simon would be a giant, but because I am used to tall people he was just slightly tall ;) and sorry for writing way too much, but I always say and write too much when I am excited about something -
Omg, I really want you to come to Italy next time çwwwç plsss, we love you!
Omg, I really want you to come in Italy next time çwwwç plsss, we love you!
Omg, I really want you to come in Italy ç__ç
And, nope, European couples snuggle each other ahahah I thinks it's just a Netherland thing òwò-
nope not a netherland thing either, me and my boyfriend snuggleee =3
The Netherlands are actually the tallest country in the world! Followed closely by Denmark , Sweden and then Norway ^^ ^^
Hi Simon!
I really LOVE the multicolored-floral cap that you wore in these videos!
May i know where you got it from?
Thanks! -
Quick Question, What camera are you guys using for this trip?
what does the banana mean..
Martina, you give such great hugs! Every time you hug someone I get a huge goofy smile on my face lol, I can feel your appreciation :D It makes me happy.
Ah! These beds. Now you know why Europa's demographic is plunging.
How amazing it must be to feel so appreciated by your fans from all over the world.
I wish that I had the opportunity to travel, eat, and make videos with my husband. But he's not very video-friendly. And we're not as interesting. -
YEAAYYY I FEEL SO FLATTERED… (I'm delusional thinking they think I'm pretty… hey… a girl can dream) BUT like I tweeted before I really really thought Simon would be a giant.. but he's pretty average. So that was a little disappointing.. because how is that going to feel when I go to Korea.. I'm as tall as Simon :( And afterwards I was really sad.. because that could have been the first and last time I will ever see them.. it just makes me so sad.. I'm serious.. so sad..
I had such a good time.. when I was face to face with Martina I totally forgot how to English… That could have been very embarrassing but she was sooo nice and not as awkward as me! and that made it all right.. BEWARE: Their personalities are very .. bubbly in real life… it's not just on Youtube!!! *HAPPY*
I'm very happy and fortunate that I had the chance to sit on the front row and enjoy you guise in all your glory !!
So.. does anyone think they will ever visit the Netherlands again? Or should I just be happy with what I have…
SIX FOOT FOUR IS NOT AVERAGE! That's huge here! I'm one of the biggest people I knew in Canada :D
Oke oke oke… I'll give you a bit above average… Hahaha this is funny because my father is about 2.5 m (6 foot 7) and I'm "only" 1.85 (so 6 foot). Maybe it's because I was drunk with happiness that I don't remember you being VERY tall.. just very funny and ..bubbly :) I also think it's because I (and a lot of other Dutch nasties) had this idea of you being a "giant" :) So i was surprised when it wasn't what i thought it would be. I also thought me meeting you guys would be awkward but that wasn't the case either soo YEAY!! :)
Thank you for responding! It will make my day tomorrow .. when I wake up.. (I was just about to go to sleep when I read your comment … now i'm too happy to fall asleep..) uhumm excuse me while I go try to dream of Meemers and Spudgy !!
I also live in the Netherlands and I know one reason why you won't find Simon tall. That is because Dutch people are tall them self. You get so used to tall people that you don't find 2 meters tall. I have a brother of 2 meter and I don't look up to him eather like wow he's tall more like just 2 meters. Only a few times I see Dutch people that are just insanely tall and really then I do look up but otherwise I never do. For a Dutch girl I'm small with my 1.72 m ^_^
(-_-") Sigh.
Almost everyone considers 2 meters tall. 1.80 is average for a guy, 170 for a girl. Im 175 and everyone says im taller than average. So you're not small. These days, girls are more like 160 something x.x -
Yeah almost everyone except for the people that are used to it. Of course when you think of it yeah 2 meter is tall but if you live constantly around people that are tall then it just get normal to see someone with 2 meters especially when there are enough people that are longer then 2 meters.
Ok sorry, I thought you made it sound like everyone thinks like that =)
Oh my gosh, I'm in the video with a very fuzzy shot at 5:39. :P Remember me guise, the lady with the cake pops? I wanted to bring tons of food and cupcakes but I only had my little backpack with me. xD So if you ever come back, come to my house and I will feed you tons of foods for free!
OH GEEZ! Those cake pops were some of the yummiest we've ever had! They were so moist and delicious! I had two. I know there weren't enough for two for everyone, but I couldn't stop myself. I regret nothing!
*^_^* Yay you remember me and complimented me on my food. Thank you! It's official, I will love you guys forever and ever, haha. Not that I wasn't going already but you know..:P *fangirl mode* But yes, I saw you grab another one and I was soo happy about it. haha. In any case, I'm glad you both had an excellent event here in The Netherlands.
I'm really really glad to hear that both of you enjoyed your time here in The Netherlands! :)
It was an amazing night and to be able to see both of you up close still feels like a dream! <3 Thank you for the enjoyable night and wonderful memories: I'll never forget Simon who spinned the wheel of fortune to "Spin Again", both of you playing Koekhappen, Spijkerpoep, creating an idol group out of nowhere and dancing to Adacadabra! (Also your punishment of dancing to Macarena was amazing Martina! xD) I wish I could have taken a selca with both of you and I still regret for not having enough time to give a hug to Simon! :( But alas.. maybe next time! ^^ Please come back to The Netherlands soon. We "Dutch" Nasties misses Simon & Martina already! <3 -
Male nasty here! I really enjoyed the second meeting :D Thank you so much for coming to the Netherlands. I had an incredible evening.
If your avatar is who you are, then I remember you! Thank you for coming and for watching us be awkward for a couple of hours :D
I'm actually quite small, like 161 cm high. :O
Anyway, I wish I went to your fanmeet but I live like 300 km away from it. Living in the corner of the Netherlands sucks. Almost everytime. Always. Well, hopefully I will be able to see you guys in the future! Yay! -
Yes, NL is responsible for adding some centimeters in world's average height :)
http://thedoghousediaries.com/large/5414.png -
Ahh it looks like everyone had loads of fun! I got tickets to see you guys as a birthday present from my friends, but I heard last minute that my driving exam was the same day. T_T I was so bummed out!
Next time you come to the Netherlands, I'm gonna go! :D (Please come back soon ohmygosh <3)
x -
Hey Simon and Martina!
Haha im glad you remember me and my boyfriend (the tall couple!)
We had an awesome time :D
Hopefully see you at the next Hallyucon event! -
I see myself :DDDDD
Wow, those fanmeetings were incredibly well organised.
I know! We were totally amazed at how much detail and care went into these events. We were so well cared for, and we felt so comfortable with the organizers and everyone in the audience. It felt like we were going to family dinners instead of events. It was lovely!
Toooooooo beeeee honeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeest.
Apart from the fact they actually got you here. It wasn't good organized audience-wise.
For example I had a first (3) row tickets, and was the 3rd person in line, yet i sat on the second row all the way on the side behind some curtain and couldnt see everything.(I wasnt even in the video of the audience when you filmed us in the 1st meet) Some 2nd rank ticket people sat on chairs between the left and right side, first row. Also they were annoying about hurry up, we dont have time, sit down, dont whine about your seat. verrrrry annoying not at all friendly x.xPlease dont think im annoying now, im very happy they actually organized this! =)
Edit: ok woops you can see me ._.
Thanks for the compliment on our beautiful faces<333!! And yes we are really tall, you know why: DAIRY I tell you. In our country we drink and eat so much dairy, we've become the tallest people on da earth. It was such fun meeting you guise <3 I hope you can come back soon.
Guys, I had no time to go to Amsterdam~ You should come again so I can meet up with you and such D:
This is unfair~
Anyway I'm glad you had a nice time in A'dam, see you next time (hopefully)! -
Ducky how…? Haha. So cute. ^^
US Tour next? ;)
If someone wants to help organize it, we'd love to!
Nasties, ASSEMBLE!
OMG! We must! Don't forget Las Vegas!
See more comments!


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WJAC 6 News - Search Results
Company approves experimental drug to be given to ill child
By: Lauren Hensley
STATE COLLEGE, Pa. -- Seven-year-old Josh Hardy has been fighting for his life since he was a baby. He's been through four bouts of cancer, has survived, and has been cancer free for two years. But during his last round he had to undergo a bone marrow transplant that weakened his immune system.
Doctors at St. Jude Children's Hospital recommended Josh be treated with a drug that is currently in trial form and has not yet been approved by the Food and Drug Administration. The drug is manufactured by a company called Chimeriz in North Carolina. Josh's family was willing to do whatever it could to get Josh the medicine, so it began a social media campaign.
"The family has advocated for him, the community has advocated for him near and far and there are so many people that are out there to support Josh because no one should let a 7-year-old fight alone," Josh's uncle, Matt Hardy, of State College, said.
Tuesday, the company agreed to move the development of the drug forward. In a statement Chimeriz said:
"...Josh Hardy's story brought to public attention the often-devastating impact of adenovirus infection, and helped accelerate a discussion between the FDA and Chimerix regarding the need for additional clinical development to assess brincidofovir's potential in adenovirus infection. This study is expected to begin with Josh Hardy as the first patient enrolled on Wednesday, March 12, 2014."
Everyone is hash tagging 'Save Josh' and it has just been amazing the outreach and the support near and far to help Josh to get the medication to help him fight this virus," Hardy said.
Read the drug company's full statement here.


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CCGS sadly announces the loss of one of their founding members – Susan served in many capacities, as a President, Board Member, Secretary, Archivist and Researcher for many years. Condolences are extended to all family members.
Susan A. Hill (Nov. 23, 1959 – Sept. 14, 2014)
Hill, Susan Ann – 54, Amherst, NS, died on Sept. 14, 2014 in Amherst, NS with her family by her side, after a brief illness of pancreatic cancer. Born in Sept.-Iles, Quebec to Avard and Mary (Burke) Christie.
She is survived by her daughters Samantha (David) Downey of Amherst and Kristy (Scott) Houlihan of Dartmouth and three grandchildren Laurana, Violet-Anne and Grayson. Also survived by her parents; brothers Claude (Marion), Mike (Jillian) and Artie (Tania) Christie; sisters Cheryl (Lewis) Boom and Francine (Kevin) Stuart; many nieces and nephews and friend, Jim Dorrington. Susan was predeceased by her former husband, L. Dan Hill in April 2014.
She had worked for CANSA in Amherst for the past 12 years.
Genealogy research was her passion for nearly 30 years, having served on the Board of both the Cumberland County Genealogical Society and prior to that with the Amherst Township Historical Society. She cherished time spent with her grandchildren. Susan also enjoyed spending time at Heather's Beach in the summer and recently discovered how much she enjoyed winter getaways with family to sunny destinations.
Arrangements are in the care of Campbell¹s Funeral Home, Amherst, NS (902 667-9906). In accordance with Susan's wishes, there will be no visitation. Funeral service will be held on Thursday, Sept. 18th at 11:00 a.m. at Campbell's Funeral Home. In lieu of flowers, memorial donations may be made to the Cumberland County Genealogical Society. Condolences may be sent to the family by visiting www.campbellsamherst.ca or by visiting our Facebook page.