Elena ntorsureanu

English in Administrative Settings

Part II

TABLE OF CONTENTS

1. Towards an Ideal of Justice .. 3 2. The Right to Govern . 13 3. The Right to Fair Treatment 24 4. The Right to Consideration . 36 5. The Freedom of Information 47 6. The Right to Privacy .58 7. Exploring the Future 69 Bibliography .. 80

UNIT 1
Section A

TOWARDS AN IDEAL OF JUSTICE

Justice Seen to Be Done

A maxim often quoted by lawyers is that justice should not only be done, but should be seen to be done. At first sight the idea seems strange and prompts one to ask if justice is done why does it matter whether or not it is seen to be done. Converseley, the appearance of justice has no value in itself if the outcome is a miscarriage of justice. The maxim only applies when the outcome is just, but why do appearances matter if the reality is that justice has been done. The answer is to be found in the practical nature of procedures and in the idea that we must have confidence in them. Having confidence in procedures depends not on our being sure that they lead in each case to the right outcomes, since such knowledge will rarely be available to us; confidence depends instead on the procedures being of a kind which we have good reason to believe will produce the right results. The value is not in the procedures themselves but in their contribution to the right or best outcomes. Confidence is then a practical standard for deciding whether any set of procedures can be relied on in bringing about that result. But since we are unavoidably labouring under conditions of imperfect knowledge, confidence will sometimes turn out to be misplaced and the procedures should be adjusted accordingly. The basis of the idea that justice should be seen to be done is now apparent: it suggests that where procedures are laid down, and are tried and tested sufficiently to win our confidence, then compliance with those procedures should be insisted upon. Compliance should be insisted on because it is the only practical guide we have for knowing whether the right or best outcome has been reached and justice actually done. The corollary is that if the procedures followed do engender confidence, then we can be reasonably confident that the right or best outcome has been reached; such confidence, however, is contingent and may on occasions be shown to be misplaced. This explanation of the maxim can be illustrated with two examples, the hearing principle and principle against bias. Reliance is often placed on a procedural rule that a person should be heard before a decision is made, the basis for the rule being that a hearing is normally an important step in reaching the right outcome, so that the inclusion of such a rule is a necessary step in gaining our confidence.The failure to provide a hearing will undermine our confidence and will normally be an adequate reason for considering the whole process to be tainted. Of course we are unlikely to know whether the failure to hear really did affect the outcome in that case. Generally, however, it will be enough in order to have the process overturned to show that there has been a failure in the appearance of justice. Legal systems may differ in their approach to such matters, with some regarding the breach of such a procedural rule as suficient to taint the whole process, others allowing for that breach to be compensated for by other procedures. The explanation in the latter case is that, while the breach of procedures might threaten our confidence in the process, other factors might be enough to remove the threat. Bias fits the same pattern, since bias in the decision maker is likely to cause error or distorsion in 3

the outcome. It does not necessarily do so, but considering how hard it would be to detect, confidence demands procedures which depend on proving not actual bias but merely the appearance or suspicion of it. The failure to comply with such procedures would create not only an appearance of justice not being done, but a deep suspicion of justice not actually being done. Due Process and Fair Procedures, D.J. Galligan A.1 Reading Comprehension Complete the following statements: 1. Lawyers often quote the following maxim: .............................. . 2. The maxim only applies when .............................. . 3. The value is not in the procedures themselves but in their contribution to .................... .......... . 4. Confidence is a practical standard for deciding whether .................... . 5. .............................. is the only practical guide we have for knowing whether the right or best outcome has been reached. 6. A person should be heard before .............................. . 7. .............................. will undermine our confidence. 8. Some legal systems regard failure to provide a hearing as sufficient to taint .............................. . 9. Others allow for that breach to be compensated for by .................... . 10. Bias in the decision maker is likely to cause ..................... in the outcome. A.2. Talking Point Enlarge upon: Fiat justitia et pereat mundus. Let justice be done, though the world perish. Ferdinand I In Justice is all virtue found in sum. Injustice anywhere is a threat to justice everywhere. Martin Luther King Love of justice in most men is no more than the fear of suffering injustice. Duc de La Rochefoucauld, Maxims

Justice, I firmly believe, is so subtle a thing that to interpret it one has only need of a heart. Jos Garca Oliver A.3. Language Focus A.3.1. The Conditional The corollary is that if the procedures followed do engender confidence, then we can be reasonably confident that the right or best outcome has been reached. 1. The zero conditional If you wish to know a man, give him authority. Form: if + present simple; present simple Use: it expresses conditions that are always true 2. The first conditional He wont pass the exam, if he doesnt do any work. Form: if + present simple; will + the base form of the verb Use: it is used to express a possible condition and a probable result 3. The second conditional If I won some money, Id travel around the world. Form: if + past simple; would/should + the base form of the verb Use: it is used to express a hypothetical condition and its probable result 4. The third conditional If he had studied harder, he would have passed the examination. Form: if + past perfect; would/should/could/might + perfect infinitive Use: it is used when talking about something that might have happened in the past but did not happen NB: if can sometimes be replaced also by: provided; providing; as long as; only if; unless; in case Provide other illustrative examples. A.3.2. The word appearance in the text is made up of the verb appear and the ending -ance. The suffix -ance: 1. combines with some verbs to form nouns which refer to the action, process or state indicated by the verb e.g acceptance; admittance 2. replaces -ant at the end of adjectives to form nouns that refer to the state or quality described by the adjective e.g abundance; brilliance. Use the definitions to find words constructed in a similar way: 1. action or state of being joined or associated 2. help 5 a_______ a_________

3. leadership; direction 4. power to remain undamaged or unaffected 5. significance or value 6. state of being greater in strength, numbers etc 7. action or time of being present 8. outstanding action or achievement 9. scent or perfume 10. guarantee of compensation for loss, damage, sickness etc. in return for regular payment

g_______ r_________ i_________ p___________ a_________ p__________ f________ i________

A.3.3. Which of the words in each list is not synonymous with the first one: 1. maxim 2. justice 3. outcome 4. reason 5. adjust 6. comply 7. engender 8. confident 9. rely 10. adequate content effect motive agree breed sure depend suited aphorism fatuity upshot ground concur dampen positive trust adage equity end saying dictum uprightness lawfulness propriety flare-up converse straighten repudiate create certain lean commensurate fitting

sequel view fit yield cause confide

result adapt

accomodate

scatter

acquiesce generate

apprehensive

assured

expostulate satisfactory

accomplished

A.3.4. Fill each of the numbered blanks in the passage with one suitable word: First-order rights within a legal system justify a claim to such procedures 1 .................... are necessary to protect and uphold those 2 .................... . That claim to 3 .................... may itself be expressed in the language of rights: the 4 ....................-holder does not appeal to decency or to the good will of the community to 5 .................... suitable procedures; the claim to procedures is 6 .................... one of right. 7 ..................... the rights an accused in a criminal trial has is the right to procedures which will result in an 8 .................... verdict of guilt or innocence; the litigant in a civil 9 .................... has a right to procedures by which the law will be applied accurately to the 10 .................... , or at

least that the contest between the 11 .................... be reasonably equal; in the administrative 12 .................... the person subject to a decision will often have rights at stake and is 13 .................... to procedures which ensure the rights are upheld. Whenever first order rights are in issue, moral claims for certain procedural 14 .................... are justified.

Section B

New Laws to Govern Conduct of Judges

Judges are given warning about their behaviour in and out of court, dealings with the media and surfing the net in the first code of conduct to be drawn up for the judiciary. While politicians may debate the line between public and private life, about 5,000 fulltime and part-time judges in England and Wales have received firm guidance. The guide tells judges to exercise: extreme circumspection with the media and to refrain from using court computers in any way that could bring the judiciary into disrepute. It says: Judges should always take care that their conduct, official or private, does not undermine their institutional or individual independence, or the public appearance of independence. The guide, the first of its kind, has been drawn up by a committee of judges after wide consultation. Judges are advised to avoid any situation that might expose them to charges of hypocrisy by reason of things done in their private life. They are advised: Behaviour that might be regarded as merely unfortunate if engaged in by someone who is not a judge might be seen as unacceptable if engaged in by a person who is a judge and ... has to pass judgement on the behaviour of others. The guides donts include sitting on a case in which the judge has a close family relationship with a party or spouse or domestic partner of a party. Personal friendship or animosity towards a party is also a compelling reason for disqualifying themselves from hearing a case, as is a current or recent business association. Judges should also disqualify themselves from a case involving their solicitor, accountant, doctor, dentist or if another professional adviser is a party. Friendship or past professional association with a lawyer acting for a party in the case is not generally sufficient grounds for disqualification. Judges can take part in lectures and debates only if care is taken about the occasion and the platform on which they are speaking so that they avoid being linked with a particular cause or group. And they are reminded that dialogue will not be as if in court. The judge cannot expect to join in and leave the debate on the judges terms. They must not allow their official residence to be used by lawyers to receive clients; not allow any family or social relationship to influence judicial conduct or behave in any way which gives rise to the suspicion or appearance of favouritism or partiality. Frances Gibb, The Times, December 8, 2004

B.1. Reading Comprehension Are the following statements true or false? 1. The second code of conduct has been drawn up for the judiciary. 2. There are about 5,000 full time and part time judges in England and Wales. 3. The judges are told to exercise extreme circumspection with the media. 4. They are allowed to use court computers in any way they like. 5. The guide has been drawn up by the judges association. 6. A judge must not sit on a case in which they have a close family relationship with a party. 7. Personal friendship or animosity towards a party is a reason for disqualifying themselves from hearing a case. 8. Judges are disqualified from cases involving their solicitor, accountant, doctor or dentist. 9. Another reason for disqualification is friendship or past professional association with a lawyer acting for a party in the case. 10. Judges cannot take part in lectures or debates. B.2. Talking Point Enlarge upon: Right wrongs no man. It is better that ten guilty persons escape than one innocent suffer. William Blackstone, Commentaries on the Laws of England Judges must follow their oaths and do their duty, heedless of editorials, letters, telegrams, threats, petitions, panellists and talk shows. Hiller B. Zobel: Judicial ruling the Louise Woodward case 1997 The verdict of the world is final. St. Augustine, Contra Epistolam Parmeniani B.3. Language Focus B.3.1. Give the Romanian equivalents for each of the following phrases and use them in contexts of your own:

1. to pass judgement 2. to sit on a case 3. to settle a lawsuit 4. to administer justice 5. to be on the bench 6. to bring in a verdict 7. to leave the chair 8. to make good an injustice 9. to pitch somebody over the bar 10. to serve a writ/summons on somebody B.3.2. Confusable words. Choose the appropriate word and complete each of the following statements: admission, admittance 1. My brother applied for .................... to Oxford. 2. Mark opened a door marked NO .................... . advice, advise, suggest 3. I used to .................... a simple and direct approach. 4. Your bank manager will probably .................... a personal loan. 5. She needs sound medical .................... and help. advocate, recommend 6. We ................... that you take an adequate supply of currency and travellers cheques. 7. The report .................... a massive programme of aid to developing countries. argument, dispute 8. .................... over land boundaries, rights and debts are commonplace. 9. The MP .................... the legality of the invasion. 10. The Prime Minister and the leader of the opposition had been drawn into a ferocious .................... . B.3.3. Fill in the blanks in the following text with an appropriate term from the list:

judge presenting point contest

summing-up issues

verdict

adjourn

ruling

intervene appeal

referee

speeches

pronounce

As the term prosecution and defence suggest, an English Trial is a 1 .................... , in which both sides try to convince the jury that the case which they are 2 .................... is the truth. The judge acts as a 3 .................... in this contest, and when one side thinks that its opponents are breaking the rules it can appeal to the judge for a 4 .................... . The judges powers of interference are limited, and he or she may only 5 .................... in order to check an over-zealous barrister, to advise on a point of law, or to clarify an obscure 6 .................... . Should the 7 .................... interfere too actively, or show partiality to one side or the other, this may form the basis of an 8 .................... in a higher court. After the prosecution and defence have concluded their cases, and both sides have presented their final 9 ...................., it is the judges duty to sum up. In the 10 .................... speech the judge is expected to outline the case and explain the legal 11 ..................... involved to the jury. Once the judge has summed up the jury consider their 12 .................... . If a a verdict of not guilty is arrived at, the accused is freed at once. If he or she is found guilty it is the judges responsibility to 13 .................... sentence. This may be done at once, or the judge may in certain circumstances 14 ..................... the court so that he or she has time to consider what penalty should be imposed.

Section C

Translation

C.1. Translate into Romanian: Anyone witnessing the spectacular miscarriages of justice in the criminal justice system of the United Kingdom in recent years will have been deeply disturbed by them. A number of people had been convicted of serious crimes, and then after years of imprisonment the convictions were shown to have been mistaken or at least seriously unreliable. The long years of unwarranted punishment are bad enough, but worse in the sense that the system has failed and, in failing, worked grave injustice. It is serious enough that fundamental rights of those wrongly convicted and punished have been violated; it is even more serious that society itself has transgressed its own fundamental principles and thereby impoverished itself. To express such a human tragedy in procedural terms may seem pedestrian, but the reasons for the tragedy are themselves pedestrian: the procedures for investigating crime and trying suspects failed; they failed by producing the wrong outcome, by reaching a verdict of guilt without justification.

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This is a grave example of a problem which is repeated throughout the legal system, the problem being how to make sure that the procedures lead to the right results. The consequences of failure to do so are several. One set of consequences is to the community in failing to achieve its own objectives as expressed in its laws. Those objectives are frustrated, and the frustration comes at a substantial cost in procedures and institutions. Some mistakes go farther and cause moral wrong to the members of the community, which is also an additional cost to the community as a whole. The other set of costs is to the person wronged, and that cost has two forms: the bare cost in the sense of hard treatment, and the moral cost in the sense of injustice. The gravity of those costs will vary in each case according to the importance of the rights in issue. Not all mistaken decisions cause wrong to individuals; some will have no effect, others may be windfalls. The guilty suspect who is acquitted, or the welfare claimant mistakenly given benefits, is unlikely to complain; but where the individual person is treated unfairly by being deprived of a right to which he is entitled, injustice results and the integrity of the process is called into question. The mistakes most often in issue are mistakes as to outcomes. They are mistakes which result when procedures fail to lead to an outcome specified by law. However, not all outcomes are so clearly defined. Where there is discretion, there is likely to be some scope for different decisions, any one of which will be within the scope of powers. Some decisions may be better than others, but they will be mistaken only if they go beyond the range of permissible options or violate the right to consideration or the standards of fair treatment. A decision which breaches the values relating to consistent treatment, or which fails to take account of a persons interests, affects outcomes and can be dealt with as a mistake which leads to the wrong result. Mistakes may also occur in relation to nonoutcome values, when the resulting injustice consists in violating values which ought to be respected. Nevertheless, such mistakes are analogous to mistakes as to outcomes, and where non-outcome values create rights, violation of those values will mean violation of rights. Due Process and Fair Procedures, D.J. Galligan C.2. Translate into English: nfptuirea justi iei Articolul 124 (1) Justi ia se nfptuiete n numele legii. (2) Justi ia este unic, impar ial i egal pentru to i. (3) Judectorii sunt independen i i se supun numai legii. Statutul judectorilor Articolul 125 (1) Judectorii numi i de Preedintele Romniei sunt inamovibili, n condi iile legii. (2) Propunerile de numire, precum i promovarea, transferarea i sanc ionarea judectorilor sunt de competen a Consiliului Superior al Magistraturii, n condi iile legii sale organice. (3) Func ia de judector este incompatibil cu orice alt func ie public sau privat, cu excep ia func iilor didactice din nv mntul superior.

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Instan ele judectoreti Articolul 126 (1) Justi ia se realizeaz prin nalta Curte de Casa ie i Justi ie i prin celelalte instan e judectoreti stabilite prin lege. (2) Competen a instan elor judectoreti i procedura de judecat sunt prevzute numai prin lege. (3) nalta Curte de Casa ie i Justi ie asigur interpretarea i aplicarea unitar a legii de ctre celelalte instan e judectoreti, potrivit competen ei sale. (4) Compunerea naltei Cur i de Casa ie i Justi ie i regulile de func ionare a acesteia se stabilesc prin lege organic. (5) Este interzis nfiin area de instan e extraordinare. Prin lege organic pot fi nfiin ate instan e specializate n anumite materii, cu posibilitatea participrii, dup caz, a unor persoane din afara magistraturii. (6) Controlul judectoresc al actelor administrative ale autorit ilor publice, pe calea contenciosului administrativ, este garantat, cu excep ia celor care privesc raporturile cu Parlamentul, precum i a actelor de comandament cu caracter militar. Instan ele de contencios administrativ sunt competente s solu ioneze cererile persoanelor vtmate prin ordonan e sau, dup caz, prin dispozi ii din ordonan e declarate neconstitu ionale. Constitu ia Romniei 2003

Section D
Comment on:

Writing

Justice is truth in action. Benjamin Disraeli Justice is the constant and perpetual wish to give to everyone his due. Justinian, Institutes The price of justice is eternal publicity. Arnold Bennett, Secret Trials A long line of cases shows that it is not merely of some importance, but it is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done. Gordon Hewart, Rex v. Sussex Justices, November 9, 1923

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UNIT 2
Section A

THE RIGHT TO GOVERN

Under The Universal Declaration of Human Rights

Article 21. 1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. 2. Everyone has the right of equal access to public service in his country. 3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. The rights enunciated in the article are political rights of a very special kind in that they are inextricably part of the idea and practice of democracy. The principle laid down in the third paragraph of article 21 that the will of the people shall be at the basis of the authority of government, is at the very heart of the concept. This will, the paragraph continues, shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. That is as good a statement of the mechanics of representative democracy as can be found. Unlike the first two paragraphs of article 21 which proclaim the right to take part in government and the right to equal access to public services, this third paragraph does not by its terms enunciate any right of the citizen. Rather, it is in the nature of a constitutional prescription. Moreover, it is also an elaboration of the right to take part in government, for it explains one way, e.g., by electing representatives, that everyone can take part in the government of his or her country. That is representative government. The other possibility contemplated by article 21 is direct participation, as in the ancient city states of Greece, or, for example, by referendum. Representative government, therefore, is not mandatory. The right of everyone to participate in the government of his country is also recognized by both the American Declaration on the Rights and Duties of Man and the American Convention. The U.N. Secretariat draft of the Universal Declaration devoted separate articles to the right to participate in government and the right of equal acces to public services. Article 30 said: Everyone has the right to take an effective part of the government of the state of which he is a citizen. The state has a duty to conform to the wishes of the people as manifested by democratic elections. Elections shall be periodic, free, and fair. Article 31 said: Everyone shall have equal opportunity of access to all public functions in the state of which he is a citizen. Appointments to the civil service shall be by competitive examination. Although energetically defended by the representative of China, the reference to competitive examinations was dropped. Otherwise, as with so many other articles of the Universal Declaration, the text finally adopted was remarkably like the Secretariat draft, notwithstanding the protracted discussion and the amendments made in the Commision on Human Rights Drafting Committee, some of which were later rejected by the Commission as a whole and the General Assembly.

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The rights set forth in article 21 belong to citizens only and not to all citizens. They can be denied to minors, lunatics, and others under legal disability. The justification for such restrictions must be found in so far as the Universal Declaration is concerned in article 29, while article XX of the American Declaration mentions citizens having legal capacity; article 25 of the Political Covenant gives the relevant rights to every citizen without unreasonable restrictions; and article 23 of the American Convention says that the law may regulate the exercise of these rights and opportunities only on the basis of age, nationality, residence, language, education, civil and mental capacity, or sentencing by a competent court in criminal proceedings a formidable list that could permit significant restrictions. Human Rights in International Law, Theodor Meron A.1. Reading Comprehension Complete the following statements: 1. Article 21 of the Universal Declaration of Human Rights is .............................. . 2. The rights enunciated in the article are inextricably part of the idea and practice of .............................. . 3. The will of the people shall be at the basis of the authority of ............................... . 4. This will shall be expressed in .............................. . 5. By electing representatives, everyone can .............................. in the government of their country. 6. The right of everyone to participate in the government of their country is also recognized by .............................. . 7. The UN Secretariat draft of the Universal Declaration devoted separate articles to .............................. . 8. Article 31 said: []Appointments in the civil service shall be by .............................. 9. The rights set forth in article 21 belong to ............................. . 10. They can be denied to ............................. . A.2. Talking Point Enlarge upon: There are two ways to get into government one is to crawl into a government and the other is to kick your way in. An institution is the lengthened shadow of one man. Ralph Waldo Emerson, Essays 14 Aneurin Bevan

A.3. Language Focus A.3.1. The Infinitive By electing representatives, everyone can take part in the government of their country. The long infinitive is used: 1. after certain verbs e.g. agree; appear; attempt; choose; decide; expect; learn; manage; need; offer; etc I expect to have some results soon. 2. after certain verbs followed by an object e.g. advise; allow; encourage; force; order; persuade; remind; teach etc He advised me to listen carefully. 3. after certain adjectives Its difficult to explain how to get there. Its possible to walk there. 4. to express purpose I came here to learn English. 5. after certain verbs followed by question words e.g. ask; consider; explain; wonder; find out; understand etc I dont know what to do. The short infinitive is used 1. after modal auxiliary verbs I must go now. 2. after let, make, hear etc I didnt see you come in. 3. after why (not) You are looking tired. Why not take a holiday? 4. After and, or, except, but, than, as and like Its easier to do it yourself than explain to somebody else how to do it. We could do nothing but wait. Forms of the infinitive 1. the continuous infinitive to be+present participle Why is she so late? She cant still be working. 2. the perfect infinitive to have+past participle He seems to have forgotten about the appointment. 3. the passive infinitive to be+past participle I asked to be informed as soon as there was any news. Underline all the infinitive forms in the following passage and comment on their use: Regarding the opportunity to be elected, citizens should have the opportunity to join, or organize, their own political parties. However, very few citizens have a genuine opportunity to be elected to certain posts. For example, the costs of campaigning may be 15

prohibitive. Furthermore, certain electoral systems may effectively ensure the election of candidates from only a small range of parties. The right to an opportunity to be elected probably refers more to formal legal opportunities than to actual realistic opportunities. A.3.2. Choose the word A, B or C which best completes each sentence: 1. The .................... of public affairs in a democratic state is the task of representatives of the people. A conduct A responsible public affairs. A possibility in public affairs. A participation A government A prosperous B attendance B rule B beneficial C inclusion C governance C good 5. Certain powers have been passed to the central ..................... . 6. Centralization may be .................... in standardizing local government services. 7. Over-centralization may discourage powerless government opponents from .................... in the political process. A participating B taking place C plunging 8. A powerful central government may subordinate the .................... of the opposition supporters to those of its own supporters. A longings A representatives B interests B authorities C wishes C electors 9. Public policy can also be influenced by local education .................... . 10. The decline of local government .................... the opposition-supporting regions more susceptible to direct control by government. A renders B triggers C shows B task C opportunity 4. The disempowerment of local councils reduces opportunities for public ..................... B ruling B accountable C government C concerning 2. Policy makers must be .................... to the electorate. 3. Decentralization offers greater .................... for citizens to take part in the domain of

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A.3.3. Fill each of the numbered blanks in the passage with one suitable word: The public service 1 .................... to comprise all unelected positions within the executive, the judiciary, and 2 .................... other areas of state administration, such as employment in state schools. Restrictions to certain public service jobs may be more rigorous 3 .................... those pertaining to the right 4 .................... be elected. For 5 .................... , it seems reasonable to require a certain level of qualification for persons holding senior positions. It must be 6 .................... that certain public service appointments in all states are influenced 7 .................... the candidates political opinion, such as head of a states secret service. Indeed, one of the Council of Europes Committees of Experts took the 8 .................... that appointment to key public service posts could be influenced by political considerations. Any restrictions based 9 .................... political opinion would have to be reasonable and objective. The Committee has exhibited scepticism 10 .................... restrictions on this basis. A.3.4. Confusable Words. Choose the appropriate word and complete each of the following statements: deceitful, deceiving, deceptive 1. The bureaucrats evidence varied from the inept to the downright .................... . 2. Yet this apparent realism, even in his latest writings, is .................... . 3. The quickest way to rattle him was to accuse him of .................... the public. contest, competition 4. The .................... for the deputy leadership of the Labour Party will certainly be an interesting one. 5. His greatest disappointment was that he didnt win the Teacher of the Year .................... . final, eventual, possible 6. That is the time you especially need planning to minimise .................... errors of judgement. 7. I quoted his .................... words of the interview. 8. He welcomed the Governments .................... decision to hold a referendum in

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February. find, found 9. There was talk about .................... a professorship for comparative administrative law in our faculty. 10. The ministry is easy to .................... .

Section B

Showing Conviction

The Government should accelerate its new proposals to counter terrorism. Among the many sensible proposals put forward by the Government yesterday to tighten up the present scrappy laws on terrorism, its wish for consensus sends out an important signal. Terrorism is not an area where parties should seek* cheap advantage. It is a genuine threat and must be confronted as swiftly as can be with the widest possible agreement. All parties must be kept fully informed of what the Governments terror advisers suggest are effective responses and, in turn, should not seek to delay* sensible measures unnecessarily. Yesterday, Charles Clarke, the Home Secretary, briefed* David Davis and Mark Oaten, his Conservative and Liberal Democrat shadows*, on the Counter-Terrorism Bill, which is now being modified and accelerated to give the police and intelligence agencies the powers they claim to need in dealing with terrorism. It contains several new offences. The first, concerning acts preparatory to terrorism, is by far the most urgent. It will enable police to intervene even if the precise details of a terrorist plot are not known. At present, the State has an outdated* conspiracy law, whose limitations were clearly seen when all those accused recently with Kamel Bourgass, the Algerian terrorist in the so called ricin plot, were acquitted. Sir Ian Blair, the Metropolitan Police Commissioner, has lobbied hard for a law that will, for example, make it easier to convict those financing terrorism or buying dangerous chemicals to assemble bombs. Less compelling is the second proposed new offence indirect incitement to commit terrorist acts. This could turn on something as intangible as the tone of voice in which someone publicly stated approval of extremism. The obvious problem here is how to frame* any tightening of the law on public provocation in a way that would secure safe conviction. Thirdly, the Government wants to criminalise the provision of training in the use of hazardous substances for terrorist purposes. That, too, is sensible. It will not be retrospective a comfort perhaps, to the IRA but it will catch people attending or recruiting for terrorist training camps. In addition, the Bill has a number of clauses that close absurd loopholes* in existing law that lawyers could use to escape convictions. One introduces all premises search warrants so police do not have to specify each address in advance. A second gives the Security Service the ability to seek warrants authorising activities overseas. And a third extends stop-and-search powers to bays and estuaries, which were foolishly left out of previous definitions. 18

Several important issues are not tackled* in this Bill. The first concerns telephone tapping*. The Government still opposes the use of taps as court evidence insisting that this compromises surveillance methods. This is shortsighted. Such evidence should make convictions easier. The second would extend, if necessary, the 14 days during which a terrorist suspect can be held and questioned (with regular judicial referral). And the third is a declaration that Britain will derogate from international treaties to allow suspects to be deported promptly, even to countries with dubious legal records. Even if passed, the new laws will not be effective until the end of the year. This is too late. On those matters of general agreement, the legislation should have a speedy passage. This is not a moment to play petty* politics. The Times, July 7, 2005 B.1. Reading Comprehension Are the following statements true or false? 1. The Government put forward proposals to tighten up the present laws on terrorism. 2. All parties must be fully informed as to the effective responses to terrorism. 3. The Home Secretary briefed his Conservative and Social Democrat shadows on the Counter-Terrorism Bill. 4. The Bill gives the police and intelligence agencies the powers they claim to need in dealing with terrorism. 5. It does not contain any new offences. 6. Acts preparatory to terrorism and indirect incitement to commit terrorist attacks were left out in the old law. 7. The Government wants to criminalise the provision of training in the use of hazardous substances for terrorist purposes. 8. One clause of the law introduces all premises search warrants. 9. Another clause gives the Security Service the ability to seek warrants authorising activities overseas. 10. The bill tackles also telephone tapping. B.2. Talking Point Enlarge upon: The terrible thing about terrorism is that ultimately it destroys those who practise it. Slowly but surely, as they try to extinguish life in others, the light within them dies. Terry Waite, Guardian, February 20, 1992 19

Violence is not a knife in the hand. It grows like a poison tree inside other people who have not learned to value other human beings. Frances Lawrence, Observer, December 17, 1995 Where force is necessary, there it must be applied boldly, decisively and completely. But one must know the limitations of force; one must know when to blend force with a manoeuvre, a blow with an agreement. Leon Trotsky, What next? It is of little use trying to supress terrorism if the production of deadly devices continues to be deemed as legitimate employment of mans creative powers. E. F. Schumacher, Small is Beautiful B.3. Language Focus B.3.1. Choose the right explanation for each of the following words (with asterisks in the text): 1. to seek 2. to delay 3. to brief 4. shadow 5. outdated 6. to frame 7. loophole 8. to tackle 9. to tap 10. petty A to prefer A to postpone A to ask A old A to accept A escaping point A to deal with A to listen A dubious B to look for B to approve B to inform B insufficient B to formulate B absurd provision B to solve B to make B trivial C to impose C to tackle C to help C specialist researcher C sham C to include C strict rule C to define C to address C suspicious

A opposition counterpart B terror adviser

B.3.2. Phrasal Verbs PUT Among the many sensible proposals put forward by the Government yesterday ... Fill in the blanks with the appropriate missing items. Choose from the list: to off down about forward through across up before in 1. Its being put .................... that the Prime Minister may resign. 2. The candidate is very good at putting her ideas .................... .

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3. This afternoons meeting will have to be put .................... . 4. They claim to put the nations welfare ..................... all other considerations. 5. The Opposition plan to put .................... a censure motion on the Governments handling of the affair. 6. The MP has put .................... radical proposals for electoral reform. 7. The electorate put the Labour .................... with an increased majority. 8. The Government is putting ..................... some radical social reforms. 9. The question of strike actions must be put .................... union members. 10. The Green Party hopes to put .................... a number of candidates in the general election. B.3.3. Fill in the blanks in the following passage with an appropriate term from the list below: majority Commons instance ministers governing policy lightens by it provides

The House of Lords contributes to the 1 .................... of the United Kingdom in many ways. Some of its members become 2 .................... of the Government. 3 .................... provides a chamber in which to debate public 4 .................... in a freer, less party-political atmosphere. Its very existence 5 .................... the work-load of the Commons. For 6 .................... , its Select Committee on the European Communities significantly eases the burden of the 7 .................... equivalent. Most importantly, it 8 .................... some sort of check and balance to the lower House, which may be completely dominated 9 ................... a government with a large and/or well-whipped 10 .................... .

Section C

Translation

C.1. Translate into Romanian: In the United Kingdom, one person is entitled to only one vote in any election. However this does not necessarily mean that all votes count for exactly the same amount. In local, national, and European elections, the United Kingdom is divided up into singlemember constituency seats. If the equal value principle is to be strictly complied with, each constituency should have the same, or at least roughly the same, number of voters.

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The Speakers Conference and the Boundary Commissions may make recommendations for equitable constituency boundary changes to reflect population changes. Speakers Conferences are convened on an ad hoc basis, while the four permanent Boundary Commissions, one each for England, Wales, Scotland, and Northern Ireland, make recommendations for boundary changes to the Home Secretary every ten to fifteen years. Only Parliament may actually effect boundary changes. Constituency seats contain relatively equal populations in England. However, voters in Scotland and Wales benefit from a Celtic preference, whereby they elect a larger number of MPs than their population would be entitled to if strict proportionality were observed. Hence, a vote in Scotland and Wales is worth more than a vote in England, 80 per cent of the British population lives in England. With such a huge majority, it is not hard to see the danger of Scottish and Welsh interests being continuously overridden by those of the English. Thus, it is possible that the Celtic preference can be justified as constituting a permissable form of affirmative action. Greater London is also overrepresented, as the Boundary Commissions rules expressly provide an obligation to observe London Borough boundaries. Over-representation in the capital cannot be excused as affirmative action. The English Boundary Commission issued a provisional report for boundary changes, which should largely influence the electoral map at the next election, recommending that the number of seats in London be cut to take account of the population drift from the capital. David Harris, Sarah Joseph, The International Covenant on Civil and Political Rights and UK Law C.2. Translate into English: Art. 2. Pot fi membri ai Guvernului persoanele care au numai cet enia romn i domiciliul n ar, se bucur de exerci iul drepturilor electorale, nu au suferit condamnri penale i nu se gsesc n unul dintre cazurile de incompatibilitate prevzute la art. 4 alin (1). Art. 3. (1) Guvernul este alctuit din primul-ministru i minitri. (2) Din Guvern pot face parte i minitri-delega i, cu nsrcinri speciale pe lng primul-ministru, prevzu i n lista Guvernului prezentat Parlamentului pentru acordarea votului de ncredere. Art. 4. - (1) Func ia de membru al Guvernului este incompatibil cu: a) exercitarea altei func ii publice de autoritate, cu excep ia celei de deputat sau de senator; b) exercitarea unei func ii de reprezentare profesional salarizat n cadrul organiza iilor cu scop comercial; c) exercitarea de acte de comer , cu excep ia vnzrii sau cumprrii de ac iuni ori alte titluri de valoare; d) exercitarea func iei de administrator ori de cenzor la societ ile comerciale sau de reprezentant al statului n adunrile generale ale unor asemenea societ i ori de membru al consiliilor de administra ie ale regiilor autonome, companiilor na ionale i societ ilor na ionale; e) exercitarea unei func ii publice n serviciul unei organiza ii strine, cu excep ia acelor func ii prevzute n acordurile i conven iile la care Romnia este parte. 22

(2) Constatarea starii de incompatibilitate se face de primul-ministru, care va dispune msurile necesare pentru ncetarea acesteia. Art. 5. Func ia de membru al Guvernului nceteaz n urma demisiei, a revocrii, a pierderii drepturilor electorale, a strii de incompatibilitate, a decesului i a demiterii n condi iile prevzute la art. 8 alin. (2). Art. 6. Demisia din func ia de membru al Guvernului se anun public, se prezint n scris primului-ministru i devine irevocabil din momentul n care s-a luat act de depunerea ei, dar nu mai trziu de 15 zile de la data depunerii. Art. 7. (1) Revocarea din func ia de membru al Guvernului se face de Preedintele Romniei, prin decret, la propunerea primului-ministru. (2) Revocarea are loc n caz de remaniere guvernamental. Art. 8. (1) n cazul n care ncetarea calit ii de membru al Guvernului intervine ca urmare a demisiei, a pierderii drepturilor electorale, a incompatibilit ii, a decesului i n alte situa ii prevzute de lege, Preedintele Romniei, la propunerea primului-ministru, ia act de aceasta i declar vacant func ia de membru al Guvernului. (5) n cazul n care un membru al Guvernului a fost condamnat penal printr-o hotrre judectoreasc definitiv sau averea sa a fost declarat, n tot sau n parte, ca fiind dobndit n mod ilicit, printr-o hotrre judectoreasc irevocabil, el este demis de Preedintele Romniei, la propunerea primului-ministru. Legea nr. 90/2001 privind organizarea i func ionarea Guvernului Romniei i a ministerelor

Section D
Comment on :

Writing

Government and co-operation are in all things the laws of life; anarchy and competition the laws of death. John Ruskin, Unto This Last Government is a contrivance of human wisdom to provide for human wants. Men have a right that these wants should be provided for by this wisdom. Edmund Burke The best government is the one that governs least. John L. OSullivan

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UNIT 3
Section A

THE RIGHT TO FAIR TREATMENT

Who is Entitled to Fair Procedures?

Fair procedures follow fair treatment, so that whenever there is a right to fair treatment by legal authorities, there is also a right to fair procedures. To put the matter at its simplest, whenever a person is involved with the state through its agencies, there is an entitlement to be treated fairly, and, therefore, according to fair procedures. Questions of fair treatment usually arise within a relationship where one party is able to affect the other in a significant way. The relationship may be contractual, where A agrees with B to do Y; or it can arise from social status, as in the case of the parentchild relationship; or it may derive from the relations of power between the community and each citizen. The last of these is marked by the state having power and control: power to impose penalties and disadvantages, control over the distribuion of goods and resources. The relationship between citizen and state is governed by implicit normative understandings shared by the members of the community. One such understanding, which is fundamental to the relationship, is that the states powers and control will be used fairly with respect to each citizen. The concept of fairness in turn means that each person will be given his due, that is, treated as he is entitled to be treated as expressed in authoritative legal standards. In order to be treated according to those standards, a person is entitled to the neccessary procedures, and in that sense the right to fair procedures follows the right to fair treatment. The practical expression of these ideas is that the duty to provide fair procedures comes into play whenever a person is affected by an administrative process. It might be the denial of a benefit, the imposition of a penalty, or the loss of some advantage. Other cases may be less direct and final, but nevertheless real; after an investigation and report, ones reputation might be tarnished; or, as is the case of an arrest or prosecution, a suspect is taken just one step closer to a final outcome, possibly disadvantageous to his interests. In these cases, the person affected is the direct subject of the decision or process, but that need not be the case: I may be put at a disadvantage by a decision granting planning permission to my neighbbour: similary, I may be a member of a group all the members of which are affected by a decision or process. There are many ways in which a person can be affected tangibly by the actions of officials, some direct and obvious, others indirect and less obvious. Each situation must be examined to see precisely how a person is affected and how society views the consequences. That itself can be problematical since there may be no clear consensus: for example, strongly held but conflicting views are likely to be expressed on whether an alien seeking admission to the country is owed a duty of fair treatment. In other cases, the same consequences may be viewed very differently by those who suffer them compared with the community at large. There are, moreover, bound to be cases of difficulty; is an interest group such as those dedicated to the protection of children, cats, or ancient

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monuments, owed a duty of fair treatment, or is it just the representatives of those whose interests are affected? When one moves from these general questions of political morality to legal processes, it is usual to find that the range of interests and consequenses witch attract a right to fair procedures is norrowed. The law tends to ask not just whether a person is affected by a legal process in a general way, but whether certain definable interests are in issue. The American doctrine of due process limits interests to life, liberty or property. This has been taken to mean that, in order to attract due process, it is necessary not only to make out an interest in life, liberty or property, but also to show an entitlement to it under the Constitution or pursuant to state or federal law. The range of interests attracting procedural fairness under the European Convention on Human Rights is even narrower, applying only when the interests are the subject of criminal proceedings or constitute civil rights. English law has its own restrictions on the kinds of interests warranting procedural protection. Any legal test based on a limited range of interests has certain disadvantages. At the level of principle, such restrictions may be hard to justify, since anyone who is affected by a legal decision has a right that it be made properly according to the law; that in turn is another way of saying that the person is owed a duty of fair treatment, and fair treatment requires fair procedures. Apart from that general point of pinciple, there are also practical disadvantages. One is the waste of time and resourses in deciding whether an interest is potected or not. Another is that some interests valued by the community are likely to be excluded. A familiar criticism of the American doctrine of due process is that certain interests generally considered important do not qualify for due process. Another consequence is that the legal recognition of what constitutes a significant interest is likely to lag behind the views of the wider community. Interests in welfare, using the term in its widest sense of personal well-being, interests in personal liberty in its many forms, interests in being able to pursue oportunities, all offer a wider and more diffuse conception of interests than is easily translated into law. The need for a filter against any old claim being made is obvious but the cost often is an unduly norrow version of what interests ought to attract procedural protection. It is often said by the highest courts that in English law any official who decides anything has a duty to act fairly and in particular to listen to both sides. Since duties of fairness are not owed in the abstract, this can be taken to mean that a duty is owed to anyone affected in a significant way by an officials decision or action. English law is then brought squarely within the general principle of fair treatment and it is not normally difficult to determine whether a person is so affected. Once the duty of fair treatment comes into effect, it brings with it the duty to follow fair procedures. Although a general principle along these lines is now established in English law, recent history and practice have shown its application to be uneven. Other factors besides the interest affected have weighed in the decision whether or not in a given context a duty of procedural fairness was owed. A review of statutes over the last several years does not reveal a clear or consistent pattern; rights to procedural fairness are sometimes amply

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conferred, at other times no provision is made at all. Much is left to administrative practice, but we do not know enough about what happens across the range of processes to draw any conclusions. Even in the courts, where decisions are important in setting general standards, approaches have been less than consistent. The general duty to act fairly was at one time restricted to administrative processes of a judicial nature, at another time to decisions where legal rights were affected. Both restrictions have now been replaced by the idea that the duty to act fairly applies whenever interests are at stake. What counts as an interest can be problematical, but the tendency has been to broaden the concept beyond economic and property interests to interests to include interests in liberty and welfare. Due Process and Fair Procedures, D. J. Galligan A.1. Reading Comprehension Answer the following questions: 1. When do questions of fair treatment usually arise? 2. What governs the relationship between citizen and state? 3. What does the concept of fairness mean? 4. How can a person be affected by an administrative process? 5. What does the American doctrine of due process focus on? 6. Does the European Convention on Human Rights offer procedural protection? 7. What is the weak point of the American doctrine of due process? 8. What is the duty of any official who has power of decision? 9. What do the English Statutes reveal about the rights to procedural fairness? 10. When does the duty to act fairly apply? A.2. Talking Point Enlarge upon: All human beings are born free and equal in dignity and rights. The Universal Declaration of Human Rights, article 1 The Constitution does not provide for first and second class citizens. Wendell Wilkie, An American Programme A.3. Language Focus A.3.1. Modal Verbs MAY

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I may be put at a disadvantage by a decision granting planning permission to my neighbour. Use 1. to express possibility We may choose another leader next year. Peter might phone. If he does, tell him that everything is settled. - might suggests a smaller chance; it is used when one thinks something is possible but not very likely 2. to express permission Candidates may bring dictionaries into the examination room. I wonder if I might use your phone for a few minutes. - sometimes permission is expressed by be allowed to These days, children are allowed to do what they like. 3. in requests You might bring these back to the library. 4. in critical remarks She might have told us that she was going to be late. 5. in suggestions You might try asking him for help. 6. in offers May I offer you a cup of tea? 7. in concessive sentences It may be a comfortable car, but it loses a lot of petrol. 8. in wishes and hopes May you both be very happy. May or might? Fill in the blanks with the appropriate verbal form: 1. A fuller description .................... in the reference books listed at the beginning of this book. (find) 2. Owing to the strike, trains .................... to delays. (subject) 3. Ask your bank manager. He .................... to advise you better than I can. (be able to) 4. The two parties .................... an agreement if they had been prepared to be more flexible. (reach) 5. The nurse said we .................... to the patient for just a few minutes. (speak) 6. You .................... me a postcard while you are on holiday. (send) 7. You .................... me you werent coming. (tell) 8. The work .................... difficult, but at least it was interesting. (be) 9. .................... you have a brilliant career in administration! (have)

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10. George .................... . If he does, give him these materials. (come by) A.3.2. Confusable words. Choose the appropriate word and complete each of the following statements: accuse, charge 1. John was declared not responsible for the criminal acts with which he ..................... . 2. My neighbours were in great distress because they .................... wrongfully .................... of theft. admit , confess 3. They .................... to crimes they have not committed. 4. Again the manufacturers, employers and government were reluctant to .................... the danger. civic, civil, civilian 5. The City Council announced plans to build a 100 million dollar .................... centre. 6. Most of the work he did in the army could have been done by a .................... . 7. They have their own regional systems of military and ..................... administration. country, nation, state 8. The peoples of the new .................... are by no means insensitive to the dangers of one-party rule. 9. Almost every western .................... has had its era of revolution or civil war. 10. In the last few days there have been riots all round the .................... . A.3.3. Fill in the blanks in the following text with an appropriate term from the list below: rare element relationship duties yardstick upholding dealings undertaking so normative fair entitlements

The sense of fair treatment in dealing with people according to the law is an important and indispensable 1 .................... in any society purporting to be just. Indeed, to deal with people according to the 2 .................... expectations created by law is to accord them 3 .................... treatment in a real and significant sense. A society which could genuinely claim that its people are treated fairly in that sense would be both commendable and 4 .................... . The even-handed application of the law is not the final 5 .................... of

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just treatment, but it is a major achievement in the life of a society. Why this should be 6 .................... is easily seen. The standards of law are public declarations of the rules governing the 7 .................... between citizen and state; they constitute an 8 .................... about how some of the most important matters in a society will be dealt with and, like any serious undertaking solemnly made, they create rights and carry with them 9 .................... . Fair and just treatment in a range of every day contexts means no more than that two parties, in the 10 .................... between them, should treat each other in accordance with those normative expectations, with the rights and 11 .................... thereby created. Fairness consists directly in the 12 .................... of normative standards and expectations, and only indirectly in their substantive content. A.3.4. Word Focus DRAW We do not know enough about what happens across the range of processes to draw any conclusions. Complete each of the following statements with a suitable phrase, making all the necessary changes. Choose from: draw a veil over draw a blank draw a parallel draw sths teeth draw (sbs) attention to sth. draw to a close draw a distinction draw lots draw the line at draw oneself up to ones full height

1. They .................... for the right to go first. 2. The ceremony .................... by the singing of the national anthem. 3. Can you .................... between English and German law? 4. The manager ..................... an error in the report. 5. I tried looking him up in the directory but I .................... . 6. You have to .................... between written and unwritten law. 7. .................... has .................... somewhere. I cant go on lending you money. 8. Critics fear the bill will .................... before it becomes law. 9. I propose to .................... the appalling events that followed. 10. Never! she replied, ..................... .

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Section B

Higher Legal Fees to Deter All but Wealthy

Court costs will soon be so expensive that claimants who do not have the funds will suffer, Frances Gibb writes. Massive fees are to be charged from next month to people bringing or defending civil claims, which lawyers say will close the courts to all but the wealthy. In some cases, fees are being increased by 150 per cent and over five years the rise will be as much as 325 per cent. People will also be charged controversial hourly trial fees from next April in the High Court and Court of Appeal of up to 200, which lawyers say will act as a huge deterrent to going to court. Instead, people will have to settle for derisory damages because defendants will know that they cannot afford to bring proceedings. Data gathered by the Association of Personal Injury Lawyers shows that over 24 years, the costs of bringing or defending civil claims have risen by between 900 per cent and 4,150 per cent. The figures showed that fees for bringing claims of more than 50,000 have risen by 900 per cent since 1980; those of between 50.000 and 100,000 by 1,650 per cent; and those of between 100,000 and 150,000 by 2,150 per cent. The biggest rise was for the higher claims: fees have risen by 3,650 per cent for claims of between 250,000 and 300,000; and by 4,150 per cent for claims of more than 300,000. The massive increases for disputes that cover divorce-related matters, landlord and tenant disputes, and commercial or consumer disputes will reduce access to justice and force some people out of the court system entirely, the association says. Colin Ettinger, president of the association, questioned the increase. Court fees are the new stealth tax. The Court Service should be a resource provided by the state and fully funded by taxation. We believe it is unjust and unfair to litigants, especially those suffering from a personal injury, to fund via fees and cost recovery a civil court service which is meant to operate for the public good. He said that the Court Service is a monopoly supplier and that claimants have no alternative but to use the courts if they are unable to get justice from the negligent party who caused their injury. Mr Ettinger added that the fee rises would lead to less justice for many, because insurers would not want to take on the increased financial risk of insuring a case of which the outcome is uncertain. From January, it will cost 1,700 just to register a claim of more than 300,000. The new fee for a money claim of more than 50,000 is 700; for a claim of more than 100,000 it is 900; for one of more than 150,000 it is 1,100; and for one of more than 200,000 it is 1,300. For claims more than 250,000 the new fee is 1,500. Adrian Jack, a barrister in London, criticized the rises, saying that increases need to be considered carefully because of the implication for acces to justice. In an article in the New Law Journal he said that a case involving a claim for 100,000 in the High Court would cost 6,100: a 900 issue fee, a 200 settingdown fee, and a 5,000 trial fee. In Germany a similar case would cost 2,300.

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He said: Litigants pay more than a fair fee for their constitutional right of access to the courts. The proposed increases are little other than a stealth tax. The Court Service is abusing its monopoly status . Duncan Harman-Wilson, a solicitor with Reynolds Porter Chamberlain, said: These fee increases will add further to the costs of employer liability insurance premiums, at a time when many businesses are already struggling to afford this compulsory insurance cover. Christopher Leslie, Minister for Constitutional Affairs, said that the new higher fees for bigger claims reflected the more complex and costly work needed for High Court cases but that this would not affect the vast majority of civil court users. Mr Leslie said: Of the total money claims issued, 83 per cent do not exceed 50,000 in value. He added that, to protect the vulnerable, there were no plans to raise family proceedings fees to the level of actual court costs, and that people on means-tested benefits would still be exempt from fees. Others who suffer hardship would benefit from reduced fees. The Times, December 7, 2004 B.1. Reading comprehension Are the following statements true or false? 1. People will be charged hourly trial fees in the High Court and Court of Appeal of up to 200. 2. Over 24 years, the costs of bringing or defending civil claims have risen by between 900 per cent and 4,150 per cent. 3. The massive increases will reduce access to justice. 4. The Court Service is a resource provided by the state. 5. Claimants have other alternatives to using the courts. 6. A case involving a claim for 100, 000 will cost 6,100. 7. Litigants pay a fair fee for their constitutional right of access to the courts. 8. The Court Service is abusing its monopoly status. 9. The new higher fees will affect the vast majority of civil court users. 10. Special measures will be taken to protect the vulnerable. B.2. Talking Point Enlarge upon one of the following sayings: 1. Law is a bottomless pit. 2. Lawsuits consume time, and money and rest and friends. 3. A lawyers opinion is worth nothing unless paid for.

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4. One suit of law breeds twenty. 5. Agree, for the law is costly. 6. Win your lawsuit and lose your money. B.3. Language Focus B.3.1. Complete the following table with the corresponding verb(s), noun(s) or adjective(s) where appropriate: Noun deterrent controversial settle alternative commercial provide implication financial exceed liability B.3.2. Phrasal Verbs TAKE Insurers will not want to take on the increased financial risk of insuring a case of which the outcome is uncertain. Fill in the blanks with the appropriate item. Choose from the list: after away against off before in aback apart back up out down Verb Adjective

1. I was taken .................... by his rudeness. 2. Your daughter doesnt take after .................... you at all. 3. Why have you suddenly taken .................... him? 4. We were simply taken .................... by the opposition. 5. These books must not be taken .................... from the library. 6. We only take goods .................... if customers can produce the receipt.

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7. He was taken .................... the headmaster and made to confess. 8. Anything you say may be taken .................... and used as evidence against you. 9. Her lecture took .................... all the recent developments in the subject. 10. He takes .................... the Prime Minister to perfection. 11. The police have taken .................... a summons against the drivers of both cars involved in the accident. 12. Id like to take you .................... on what you said about unemployment. B.3.3. Give the Romanian equivalents for each of the following phrases and use them in contexts of your own: 1. to register a claim 2. to bring proceedings against 3. to bring to trial 4. to find against the plaintiff/defendant 5. to get a fair hearing 6. to have plenty of brief 7. to hear the case 8. to lay a claim on 9. to make default 10. to press/push ones suit

Section C

Translation

C.1. Translate into Romanian: If the idea of dues and entitlements is central to the concept of fair treatment, where do such dues and entitlements come from? The answer is that they are created within a context of authoritative standards, standards which create in those to whom they apply normative expectations. An expectation, that is to say, which is not just hope, prediction or wishful thinking, but has a binding and obligatory character, so that to thwart the expectation would be a breach of obligation. The simplest and most common basis for normative expectations are rules; legal rules but not only legal rules since any set of rules may be the basis of obligation and entitlement. But while there is a natural association between rules and normative expectations, and therefore between rules and fair treatment, it would be wrong to think that only rules create normative expectations. Normative 33

expectations, and in turn dues and entitlements, spring from many sources: from promises and undertakings, commitments and understandings, even actions and intentions. Normative expectations, moreover, do not depend on the immediacy of a one-to-one relatioship or an undertaking of an express kind; they may have a communal basis and derive from longer term understandings and assumptions prevailing within a community. The very idea of a community depends on a high level of settled standards about how people will be dealt with and what dues and entitlements they may expect. The law is one formal and important network of such standards, but it is not the only one. Reflection on law as a set of normative standards reveals a number of important points about dues, entitlements, and fair treatment. The standards of law give rise to normative expectations, the most fundamental of which is that a person will be dealt with in accordance with those standards. That expectation must itself originate outside the law, for the bindingness of law stems from a social principle, prior to the law, to the effect that peple will be dealt with in a certain way. Each society naturally develops a whole range of principles about how people should deal with each other and how each should be dealt with by the state. The law is one set of standards, the normative basis of which is the more fundamental principle that people will be treated according to law. In day-to-day affairs, it is enough to point to the law as providing standards of treatment without reference to anything further, since it is taken for granted that the law will be or at least should be applied. If we want to know why that is the case and how it comes about, we must move to a different level of discourse and understanding: we must then focus on the relationship between a society and each of its members and ask what are the normative understandings governing that relatioship. One basic understanding, but not the only one, is that, subject to certain qualifications, individual persons will be treated in accordance with the law. If the notion of an understanding is not quite strong enough to support such a mighty edifice, then let it be put in the stronger normative terms of an implicit promise or undertaking society gives to its members that, when the occasion arises, each will be treated according to law. Due Process and Fair Procedures, D. J. Galligan C.2. Translate into English: Unitatea poporului i egalitatea ntre cet eni Articolul 4 (1) Statul are ca fundament unitatea poporului romn i solidaritatea cet enilor si. (2) Romnia este patria comun i indivizibil a tuturor cet enilor si, fr deosebire de ras, de na ionalitate, de origine etnic, de limb, de religie, de sex, de opinie, de apartenen politic, de avere sau de origine social. Egalitatea n drepturi Articolul 16 (1) Cet enii sunt egali n fa a legii i a autorit ilor publice, fr privilegii i fr discriminri. (2) Nimeni nu este mai presus de lege. (3) Func iile i demnit ile publice, civile sau militare, pot fi ocupate, n condi iile legii, de persoanele care au cet enia romn i domiciliul n ar. Statul romn

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garanteaz egalitatea de anse ntre femei i brba i pentru ocuparea acestor func ii i demnit i. (4) n condi iile aderrii Romniei la Uniunea European, cet enii Uniunii care ndeplinesc cerin ele legii organice au dreptul de a alege i de a fi alei n autorit ile administra iei publice locale. Accesul liber la justi ie Articolul 21 (1) Orice persoan se poate adresa justi iei pentru aprarea drepturilor, a libert ilor i a intereselor sale legitime. (2) Nici o lege nu poate ngrdi exercitarea acestui drept. (3) Pr ile au dreptul la un proces echitabil i la solu ionarea cauzelor ntr-un termen rezonabil (4) Jurisdic iile speciale administrative sunt facultative i gratuite. Dreptul persoanei vtmate de o autoritate public Articolul 52 (1) Persoana vtmat ntr-un drept al su ori ntr-un interes legitim, de o autoritate public, printr-un act administrativ sau prin nesolu ionarea n termenul legal al unei cereri , este ndrept it s ob in recunoaterea dreptului pretins sau a interesului legitim, anularea actului i repararea pagubei. (2) Condi iile i limitele exercitrii acestui drept se stabilesc prin lege organic. (3) Statul rspunde patrimonial pentru prejudiciile cauzate prin erorile judiciare. Rspunderea statului este stabilit n condi iile legii i nu nltur rspunderea magistra ilor care i-au exercitat func ia cu rea-credin sau grav neglijen . Constitu ia Romniei 2003

Section D
Comment on:

Writing

When everyone is somebody,/ Then no one is anybody. W. S. Gilbert Equality is the soul of liberty; there is in fact, no liberty without it. Frances Wright Either none of mankind possesses genuine rights, or everyone shares them equally; whoever votes against anothers rights, whatever his religion, colour or sex, forswears his own. Antoine Nicolas de Candorcet

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UNIT 4
Section A

THE RIGHT TO CONSIDERATION

Revealing the Concept

Every person has a right to be treated in a way that is non-arbitrary. Arbitrariness is an elusive concept, but it does convey an idea of what is important in the relationship between citizen and state: the individual with his interests and concerns in some sense counts in the deliberations of the discretionary decisionmaker. Individual persons are very much affected by discretionary decisions where the wider public interest is the main concern, and the fact that some of the most fundamental interests in liberty, property, livelihood, and status are vulnerable to administrative action is a sound basis for restraint in pursuit of the public interest. It is then a short step to a normative principle which takes account of that vulnerability and justifies minimum standards of protection. The principle may be called the principle of consideration, suggesting that the interests of those affected must be taken into account, while allowing that ultimately they may be overridden by wider notions of public interest. But while a sense of public interest may prevail, it does so only after proper account is taken of the interests affected. The principle insists on the official responding to those interests while retaining the decision as to the course of action finally to be followed. The principle of consideration guarantees no result, but it shows that the interests of persons are an element of the public interest and should be taken seriously. The principle of consideration in turn generates a right to consideration. We now have a clear thread running between basic, moral and legal rights: the basic right to be treated with respect as a person justifies a moral right to consideration in the affairs of government, while that moral right provides the case for a legal right to certain sandards of fair treatment governing the exercise of discretion. The standards in turn generate rights to appropriate procedures. The right to consideration in discretionary decisions might be compelling in principle but seems hopelessly vague in practical application. The sentiment is noble: each person should count and administrators are never justified in simply ignoring the interests of those affected. But how does it help the prisoner seeking parole, the applicant for a licence, or the objectors to the motorway? What is necessary in such cases to satisfy the right to consideration and so to avoid treating the person unfairly? The answers to such questions are unlikely to be clear or simple; since the range of administrative decisions is variable, and the interests that may be affected are diverse, the right balance between the public interest and regard for the individual person is likely also to be variable. This can be ilustrated by contrasting an individualized decision, whether to grant parole for example, and the decision as to which route a motorway should follow. In the parole case, it is reasonable to expect close attention to be paid to the situation of the prisoner, even though, finally, the decision might be made to deny parole because of the need to protect the public. But in order for the decision to be justifiable, the parole agency should inquire closely into the facts about the prisoners case, his record in prison, and the likely risk he would pose to the public. In making the motorway decision, on the other hand, 36

many people, interests and factors are involved and, while all must be considered, the principle of consideration in respect of any one person or interest would demand less. It might be enough, in justifying the decision, to show that the many claims and arguments put forward have been looked at, that some of them are irreconcilable, and that finally a course has been settled which is rational, reasonable, and in good faith. It can be seen from these examples that precisely what is required by the right to consideration has to be worked out in different contexts, taking account of the nature and purpose of the power and of the range and importance of the interests affected. Some content can be derived from intermediate standards like purposiveness, rationality, and reasonableness, with each giving some guidance as to how powers are to be used, and with each placing some restrictions on what is permissible. Administrative powers should be exercised for the purposes stated in or capable of being extrapolated from the statute; they should be used rationally in the sense that decisions are intelligible applications of purposes and, at the same time, meet the ordinary canons of reasoning. Powers should be used rationally and reasonably, suggesting that not only are all the relevant matters to be taken into account, but that the outcome is itself reasonable, the product of reflection and reasoned judgement. These notions are the foundations of judicial review of discretionary authority. However, standards like these go only a short way towards protecting the person affected; a policy decision can be purposive, rational, and even reasonable without ensuring the required level of consideration of the person. Take purpose and rationality in relation to parole: the governing statute is unlikely to provide much guidance beyond specifying very general policy goals; decisions of the parole authorities might pursue those goals in ways which are rational and purposive and yet pay scant attention to the situation of the prisoner. If they were to decide that in the interests of public protection, all prisoners whose estimated risk of reconviction is more than ten per cent should be denied prole, it would be difficult to argue that such an approach is beyond purposes or inherently irrational. Now suppose that we insert the principle of consideration, the idea that the prisoner must be treated with respect, that his interests and situation must be taken into account. A new dimension is added: it is itself open and indeterminate, but there is now an additional matter which is required expressly to be put in the balance. What constitutes purpose and what satisfies reason have a sharper focus, since they must now include a concern for the specific circumstances of the prisoner. The grounds of justification have now changed so that a decision will be justifiable only if it adopts a conception of the public interest, which not only advances purposes rationally and reasonably, but also takes proper account of the particular case. The right to consideration adds to policy decisions a value witch must be respected in decision-making. The value remains constant across different decisions, but the practical standards needed to ensure respect for it vary according to the context. The right to consideration in turn justifies rights to procedures, the procedures being those necessary to ensure proper consideration in the discretionary process. They will normally include familiar procedural forms: knowing the issues to be decided and where possible the criteria to be applied; having an opportunity to make ones case, to address the issues, and to respond to others; and being provided with an explanation and justification for the

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final decision. The right to consideration does not necessarily mean that all or any of these particular procedures are to be followed; for example the right to consideration does not necessary include the power to participate. Participation will normally be a part of the right, but participation is an instrument to proper consideration and whether it is needed in a given context will depend on the context. The same applies to other procedures; the justification for each is that it is instrumental to the principle of consideration. Sufficient steps may have been taken at an earlier stage to ensure adequate consideration of those affected, with the result that no special procedures are needed at the administrative level. According to the principle of selective representation it is necessary to ensure only that, taking the policy process as a whole, the interests of groups and individuals are properly considered. The principle of consideration can be satisfied in a number of ways at a number of points in the regulatory process. To conclude, the starting point in developing the right to consideration was the recognition that important values about the treatment of persons apply to discretionary decision making even where the overriding concern is the public interest. The basis for those values and the standards based on them is a moral view about the relationship between the citizens and the state. Views may differ about the precise terms of the relationship and therefore about the normative standards governing it. There is a central and irreducible principle that, in the discretionary, policy-making functions of the administrative state, the interests, circumstances, and concerns of individual and groups should be taken into account in making a decision. This right to consideration of course has to be interpreted in each context, but it is morally compelling in the sense that it should be included in any set of acceptable principles governing the citizen-state relationship.The right to consideration can be seen at work in notions of nonarbitrariness, purposiveness, and reasonableness, but it goes beyond them and constitutes a dynamic principle of fair treatment. The right to consideration in turn generates and justifies suitable procedural rights. Finally, the right to consideration is not the only right in the discretionary, policy making context. There may be other standards of fair treatment which ground other rights, principles of consistency and non discrimination being examples. Due Process anf Fair Procedures, D.J. Galligan A.1. Reading Comprehension Complete the following statements: 1. The individual with his interests and concerns counts in the deliberations of the .............................. . 2. The interests of persons are an element of the .............................. . 3. The principle of consideration generates .............................. . 4. The basic right to be treated with respect as a person justifies .............................. . 5. .............................. are never justified in ignoring the interests of those affected.

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6. The right balance between the public interest and regard for the individual is .............................. . 7. The procedures are necessary to ensure proper consideration .............................. . 8. The principle of selective representation states that .............................. . 9. The right to consideration has .............................. in each context. 10. This right should be included in any set of acceptable principles governing .............................. . A.2. Talking Point Enlarge upon: A right is not effectual by itself, but only in relation to the obligation to which it corresponds ... An obligation which goes unrecognised by anybody loses none of the full force of its existence. A right which goes unrecognised by anybody, is not worth very much. Simone Weil, LEnracinement A.3. Language Focus A.3.1. Modal Verbs MUST The right to consideration adds to policy decisions a value which must be respected in decision making. Must is a modal auxiliary verb used to express: 1. certainty If A is bigger than B, and B is bigger than C, then A must be bigger than C. 2. necessity and obligation Students must be monitored carefully if they are to get good results. You must be here before 8 am tomorrow. 3. prohibition You mustnt open this parcel until you get home. Strong obligation must and have (got) to You must write the essay today. You have to wear a gown in court, dont you? - must refers to the authority of the speaker, have to refers to the authority of another person, or to obligation generally - have to to express obligation is much more widely used, as it has all the forms of a verb that must does not have Past: I had to get up at 6 am to go to the faculty.

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Present Perfect: Ive had to carry out a lot of experiments for the past ten years. - have got to also exists in British English to express strong obligation Have you got to fly? The train journey is much more fun. Mild obligation should and ought to - they are used to give advice and to make suggestions: You ought to learn to relax. You should not work too hard. Absence of obligation: need not and dont have to - need not: the speaker gives permission for an action not to be performed or sometimes merely states that an action is not necessary; it expresses the speakers authority or advice: You needt make two copies. One will do. - dont have to expresses external authority We dont have to type our essays but we have to write legiblly. Choose one of the following situations and write a short dialogue using the verbal forms corresponding to the various degrees of obligation: 1. You have been invited to hold a speech at a conference focusing on the right to consideration. 2. You have been asked to monitor the activity of a group of students for a week. 3. You have been given the task to organize a publicity compaign for a newspaper written by students. 4. You have taken the opportunity to become an election observer in the coming local elections. A.3.2. Match the words below to their explanations using the following grid: 1 2 1. elusive 2. discretionary 3. sound 4. proper 5. appropriate 6. compelling 7. reasonable 8. purposive 3 4 5 7 8 9 10

a. having power b. according to the rules c. logical d. difficult to understand e. useful f. more important than any other considerations g. based on reason h. that one must accept

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9. scant 10. overriding

i. hardly enough j. suitable

A.3.3. Explain the following phrases and use them in contexts of your own: 1. to take into account 2. to grant parole 3. to pose a risk to 4. to put forward 5. to place restrictions on 6. to meet the canons of 7. to go a short way towards 8. to pursue goals 9. to put in the balance 10. to make ones case 11. to take steps 12. to see at work A.3.4. Fill each of the numbered blanks in the passage with one suitable word: Inddividualised decisions are about 1 .................... one person or perhaps a few people should be treated, while collectivized decisions are 2 .................... a course of action to be taken in the public interest where a range of people and interests are 3 .................... . The distinction should 4 .................... be taken too strictly, since cases may occur which involve elements of 5 .................... . Collectivised decisions can in turn be divided into two 6 .................... . In general, collectivized decisions allow substantial discretion and affect a 7 .................... of parties and interests; the issue might 8 .................... to solve a specific problem, whether to build another airport, or it might be to draw 9 .................... rules for general application to individualised cases in the future. The common 10 .................... is that general policy is made on an issue of collective interest. The differences are that one case relates to a specific issue, 11 .................... in the other policies have to be settled 12 ..................... the purpose of rule-making.

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Section B

All for Religion, Race, Gender, Age and Disability

Key concessions will be announced by ministers today in an attempt to end a bitter row with race relations chiefs over plans for merging them into a new anti-discrimination super quango. Patricia Hewitt, the Trade Secretary, is expected to promise stronger powers for the body, guarantees on funding for community relations, and reforms of blasphemy laws to ensure that they ban all forms of religion hatred. Next weeks Queens Speech will include proposed legislation to create an equality and human rights commission covering race, gender, disability, age and religion. It would have an annual budget of 50 million and is strongly supported by business leaders who complain that firms are increasingly entagled in red tape from myriad antidiscrimination organisations. The Commission for Racial Equality opposed the proposals, saying that a merger would be a huge mistake when racial issues ranging from asylum and immigration to Islamophobia are at the top of the political agenda. Trevor Phillips, the director of the CRE, was also worried that subsuming his organisation into a new body combined with the Equal Opportunities Commission and Disability Rights Comission could undermine a 4 million a year community relations programme. It is understood that a round of intense negotiations this autumn have resolved most of these issues. Tony Blair used his party conference speech to promise legislation for outlawing all forms of religious hatred. Ms Hewitts announcement today is expected to promise that the new commission will have enhanced rights to prosecute cases of discrimination and demand evidence from witnesses in inquiries. She will also seek to appease the CRE by saying that the merged super commission will include community relations, in adddition to human rights and equality, as one of its core objectives. Although the CRE could yet be given a longer period before it must join the commission, the concessions are likely to be welcomed as a sign that the Government has listened to justifiable objections. When plans for the commission were announced in May Britains largest civil service union, the Public and Commercial Services Union said that the Government had missed an opportunity. The union expressed concern about the resourcing of the new body, saying that the Government planned funding cuts of up to 13 per cent to existing equality bodies. But Julie Mellor, the chairman of the Equal Oportunities Commision, said that the Governments pledge to give public-sector bodies a duty to promote equality for women and men would be the most significant change in sex equality law in 30 years. Tom Baldwin, The Times, November 18, 2004

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B.1. Reading Comprehension Are the following statements true or false? 1. Key concessions will be announced by MPs in an attempt to end a bitter row with race relations chiefs. 2. The Trade Secretary is expected to promote stronger powers for the body. 3. The Queens Speech will include proposed legislation to improve the equality and human rights commission. 4. The commission is strongly supported by religious leaders. 5. The CRE is the short form for the Commission for Racial Equality. 6. Tony Blair promised legislation for outlawing all forms of religious hatred. 7. The new commission will have enhanced rights to prosecute cases of discrimination. 8. The merged super commission will not include community relations. 9. The Public and Commercial Services Union is Britains largest civil service union. 10. The Union did not express any concern about the resourcing of the new body. B.2. Talking Point Enlarge upon: Take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented. Elie Wiesel We should therefore claim in the name of tolerance, the right not to tolerate the intolerant. Karl Popper, The Open Society and Its Enemies B.3 Language Focus B.3.1. Complete the following statements: 1. The principle that people should be treated with concern and respect .............................. . 2. The normative expectations of a citizen .............................. . 3. ............................... might invoke a normative principle that the trial should be a fair contest.

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4. The parties should be treated with equal .............................. . 5. Conceptions of justice are many-layered and give thus rise to many complex .............................. . 6. .............................. should be made of the level of conflict between law and a deeper conception of justice. 7. If the conflict is truly fundamental then there can be little virtue in .............................. 8. .............................. highest duty is to avoid serious injustice to those subject to his authority 9. The relationship between the individual and the community .............................. . 10. Legal institutions develop working rules about ............................... . B.3.2. The word equality in the article is made up of the adjective equal and the ending -ity The suffix ity combines with adjectives to form nouns which refer to the state or condition described by the adjective. Use the definitions to find words constructed in a similar way: 1. being different, especially in an undesirable way 2. quality of being genuine 3. ability to resist infection, disease 4. efficiency, especially in industry 5. state of being successful or rich 6. state of being varied 7. strength of emotion 8. protection from danger or worry 9. careful observance of rules, conventions, etc of language or behaviour 10. quality or state of being liked or admired by many people p_________ f________ a__________ a___________ i_______ p___________ P_________ d________ i________ s_______

B.3.3. Choose the word A, B or C which best completes each sentence: 1. Due process and procedural fairness .................... together.

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A go A themes judgement and discretion. A scope maker. A power A generated A breaking individuals. A conclusive considerations. A governed administrative decisions. A substance

B belong B doctrines

C work C papers

2. Natural justice refers to the specific .................... relating to hearing and bias. 3. The law is full of instances where the precise .................... of rights depends on B sphere C aim

4. What counts as the public interest might be left to the .................... of the decision B discretion B introduced B deprivation C will C enhanced C upholding

5. Procedural rights are .................... by substantial rights. 6. The ....................... of a right is unfair and so the source of moral harm. 7. The actions of government and administration should be .................... to groups and B sensitive C responsive

8. The decision about how to treat a person is substantially .................... by broad policy B linked C overwhelmed

9. Formal legal authority can be modified to take account of the rich .................... of B texture C power

10. The relationship between the official and the person is grounded in .................... which draw on basic moral and political values. A statements B conclusions C understandings

Section C

Translation

C.1. Translate into Romanian: Councils failing to learn from Climbi case

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Half of all social services departments are failing most children in their area, nearly two years after Lord Lamings report into the Victoria Climbi child abuse case highlighted ways in which the child protection system should be improved (Alexandra Frean writers). David Behan, the Chief Social Services Inspector, said yesterday he was concerned that a significant number of councils had given up trying to improve or had become complacent. We are concerned that some councils are stuck in a comfort zone and have not improved. We dont think that councils can go on for three, four or five years having exellent capacity for improvement without delivering the improvements, he said. He gave warning that councils persistingly failing to deliver satisfactory social services could face action from the Government. In serious cases, entire social work departments could be taken over by external managers. Mr Behan was commenting on the publication of the annual social services league tables, which show that only seven of the 150 social services departments in England are considered satisfactory. The Times, November 18, 2004 C.2. Translate into English: Avocatul Poporului Numirea i rolul Articolul 58 (1) Avocatul Poporului este numit pe o durat de 5 ani pentru aprarea drepturilor i libert ilor fizice. Adjunc ii Avocatului Poporului sunt specializa i pe domenii de activitate. (2) Avocatul Poporului i adjunc ii si nu pot ndeplini nici o alt func ie public sau privat, cu excep ia func iilor didactice din nv mntul superior. (3) Organizarea i func ionarea institu iei Avocatului Poporului se stabilesc prin lege organic. Exercitarea atribu iilor Articolul 59 (1) Avocatul Poporului i exercit atribu iile din oficiu sau la cererea persoanelor lezate n drepturile i n libert ile lor, n limitele stabilite de lege. (2) Autorit ile publice sunt obligate s asigure Avocatului Poporului sprijinul necesar n exercitarea atribu iilor sale. Raportul n fa a Parlamentului Articolul 60 Avocatul Poporului prezint celor dou Camere ale Parlamentului rapoarte, anual sau la cererea acestora. Rapoartele pot con ine recomandri privind legisla ia sau msuri de alt natur, pentru ocrotirea drepturilor i a libert ilor cet enilor. Constitu ia Romniei 2003

Section D
Comment on:

Writing

Prejudice is the child of ignorance. William Hazlitt, On Prejudice 46

UNIT 5
Section A

THE FREEDOM OF INFORMATION

The Value of Information

Information is a commodity, which is bought and sold. However difficult it may be to define how it acquires value, the fact of the commodification of information cannot be denied. Books, journals and computer software have a price attached to them at which they are bought and sold. One can assign costs to the construction and maintenance of telecommunications networks, computer hardware, and so on. One can calculate the cost of processing information, in terms of the time involved in obtaining, recording and retrieving it, a cost which would normally be a combination of paying for the time of those involved and the cost of the materials, equipment and consumables they use. None of this, however, really addresses the question of the value if any which can be assigned to information. The problem lies in part in the definition of the information itself. Dictionary definitions typically suggest that it is a sub-set of knowledge acquired, deliberately or accidentally, by study or experience. For some purposes, this is adequate: information is simply a part of the total stock of human knowledge. One can, however, take the matter a little further. It can be argued that the transformation of knowledge into information the systematization of what is known depends on our ability to record knowledge, because the process of recording implies a process of selection. The earliest human records did not represent the total stock of knowledge of Palaeolithic man or the ancient Babylonians, but rather that part of the knowledge store that they deemed worthy of recording or necessary to record. Information then is inseparable from our ability to record it. It does not follow from this, however, that information is inseparable from the medium on which the record is made. On the contrary, one of the characteristics of information is that it can be transferred between media without any significant loss of content. A handwritten sentence might subsequently be typed, word-processed, printed, photocopied and so on, while retaining an unchanged information content. If one adds this separability from a medium to inseparability from a recording system of some kind, one arrives at a definition of information as a subset of knowledge which is recorded in some symbolic form. It is in this state, when it is independent of its medium of storage, transmission and retrieval, that one must assign a value to information, for it is only in this state that it has a separate existence. Economists and information scientists (principally the latter) who have addressed this issue have generally agreed that the user rather than the producer determines the value of information, as opposed to its cost. The supplier the publisher or the bookseller fixes the cost of a book; the value of the information that it contains is a matter for the judgement of the purchaser or the end-user. The value of information, therefore, is an uncertain concept, which cannot easily be quantified. Its value will be

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perceived differently by different people and perhaps even by the same person depending on the circumstances of time, place and context. The variability of the value of information determined by the consumer rather than the producer is compounded by the fact that its value can be argued to increase as it becomes more common. This apparent paradox that information, unlike many commodities, has no scarcity value reflects the origin of information as a subset of knowledge. What users are seeking is the subset that best meets their needs. Up to the point at which the sunset is optimized, each additional piece of information increases the value of all those that have already been acquired. Even beyond that point, there may continue to be some accumulation of value, although at a lesser rate, until the point is reached at which there is so much information that it is no longer possible effectively to use it. This is the point of information overload, an increasingly common phenomenon in advanced information societies. The value of information is not intrinsic to the information itself; it depends on its suitability and availability. While it is impossible to assign an absolute value to any given piece of information, it is clear that for the individual user such a value can be assigned. This may be economic, but it may equally be social or cultural. The issue is how much money the end-user is prepared, directly or indirectly, to pay to acquire the information; that ultimately is the measure of its value. Some information, however may be regarded as a public good; public health information, for example, is supplied by governments and other authorities free of charge (or rather is paid for out of general taxation). Some information may be freely provided as a form of advertising; hence the airline or railway timetables that appear on websites and elsewhere to encourage potential customers to buy the services being offered. Some information may clearly be a private good to be bought and sold by individuals for their own benefit, as when marketing information is sold to the suppliers of goods and services. A particular piece of information may actually change from private to public good and vice versa according to the context. If it is accepted that information has a value, and that this is no mere abstraction, it follows that there can be circumstances in which the absence of information is disadvantageous. In such circumstances, a person or organization (or even a country or its government) is disadvantaged because of what is not known but could be known. The uninformed or under-informed person or organisation then becomes a buyer in the information market-place, provided that the information is available and that they have the resources to acquire it. This does not conflict with the concept that the value of information is determined by the end-user; indeed it tends to reinforce it, since it is the market that provides a context in which a buyer can determine what is regarded as a fair (or at least acceptable) price. Against this background, one can understand the concepts of information wealth and poverty, which in turn underpin one of the most important political issues of the information society: who obtains, and who is excluded from, whatever benefits it may have to offer. The Information Society, John Feather

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A.1. Reading Comprehension Complete the following statements: 1. Information is .............................. . 2. The earliest human records represented that part of the knowledge store that .............................. . 3. Information can be transferred between media without .............................. . 4. .............................. rather than the producer determines the value of information. 5. The value of the information contained in a book is a matter for the judgement of .............................. . 6. What users are seeking is .............................. . 7. The point of information overload is .............................. . 8. The value of information depends on .............................. . 9. Some information .............................. as a form of advertising. 10. The absence of information can lead to .............................. . A.2. Talking Point Enlarge upon: Information is a commodity, which is bought and sold. Information can tell us everything. It has all the answers. But they are answers to questions we have not asked, and which doubtless dont even arise. Jean Baudrillard, Cool Memories A.3. Language Focus A.3.1. The Passive A hand written sentence might subsequently be typed, word-processed, printed, photocopied and so on. Form: subject + verb to be + past participle The tense of the verb to be changes to give the different tenses in the passive. Present Simple The proposals are debated on in this conference room. Present Continuous The office is being redecorated. Past Simple

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The faculty was built in 1940. Past Continuous The civil servants were being presented the new policy lines, when the minister came in. Present Perfect The project on a modern administration has been approved. Future The strategy will be made public by next Monday. Infinitive The committees decision can be found on the Internet. Use - passive sentences move the focus from the subject to the object of active sentences - very often by and the agent are omitted in passive sentences - the passive is associated with an impersonal style Write a few lines on the importance of information for you using passive constructions. A.3.2. Prefixes UNDER The uninformed or under-informed person or organisation then becomes a buyer in the information market place. The prefix under- combines with verbs, nouns, past participles or numbers to form new verbs, nouns and adjectives. Words formed in this way: 1. express the idea that there is not enough of something or that something has not been done as much or as well as is needed: e.g. underdevelop; underestimate 2. refer to or describe things that are beneath something else or that happen below something else: e.g. underground, underline 3. refer to people who are younger than the age mentioned: e.g. under-fives, under-twenty-ones 4. refer to people who have a lower rank or status than someone else: e.g. undergraduate; under-secretary Complete the following statements with a suitable word from the list: ground fives librarian graduate developed glass staffed lined estimate financed

1. The problems of the under .................... world will remain intractable. 2. The hospitals are seriously under .................... . 3. It was a long way down, for Alexs office was one floor under .................... . 4. He under .................... his signature, lest it should be overlooked.

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5. They offer educational day care for two hundred under .................... . 6. The age range of under .................... college students is eighteen to twenty-two. 7. He returned as assistant under .................... at the University Library. 8. Dont under .................... him! He has published a book on business administration. 9. They have to employ more workers. Their plant is seriously under .................... . 10. Tom is specialised in under .................... cultivation. A.3.3. Which of the words in each list is not synonymous with the first one? 1. information 2. acquire 3. matter 4. deem 5. medium 6. retrieve 7. percieve 8. apparent 9. authority 10. circumstance news get element consider means recapture note control manifest surrounding data effect knowledge procure article pipe discern plain upright incident fact regard method review sham rule conceive intelligence obtain collect topic weigh recover apprehend instrument think recall percolate clear power byword channel conjecture

object

contemplate restore

obvious command position

occurrence

A.3.4. Fill in the blanks in the following text with an appropriate term from the list below: local particularly hampered court business positive their public exercised papers legal supported

One important purpose of a 1 .................... right to seek information is to permit journalists to perform 2 .................... role of discovering news, particularly about the behaviour of public bodies, without unjustified 3 .................... interference. This objective is only patchily 4 .................... by the law. The greatest openness to 5 .................... and journalistic scrutiny exists in local government and the courts. 6 .................... authorities are required to make available to the public a substantial amount of material, including submissions concerning the way in which their powers should be 7 ..................... . Meetings of local authorities must generally be open, with 8 .................... made available

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to the public, including journalists. The courts generally do their 9 .................... in public, and are then open to scrutiny and reporting by journalists, although journalists ability to establish the facts in cases being litigated is 10 .................... by the law of contempt of 11 .................... , parts of which are capable of having a chilling effect on the ability to obtain information, 12 .................... in relation to material disclosed by a party to proceedings under the discovery process.

Section B

Extremists Target Oxford Dons

The home addresses and private phone numbers of Oxford dons and senior Government ministers have been posted on the internet by animal rights extremists. Personal contact details for David Blunkett, Chris Patten, Hazel Blears and Caroline Flint were published on a website that police allegedly tried to remove. The list was described yesterday by Oxford University as an invitation to threaten or attack people conducting ordinary legal activities. It lobbied Yahoo to close the site but the site was removed only after The Times contacted the internet service provider. The publication of more than 100 addresses could breach a High Court injunction severely restricting the activities of animal rights protesters, which was granted to the University in September. Oxford sought the order after a campaign of intimidation halted the construction of its 18 million animal testing laboratory. The website was created by an organization calling itself Badgers Unknown Anarchist Ventures. It gave dozens of home addresses, including those of Chris Patten, the Universitys Chancellor, Thomas Bingham, the High Steward, and Catherine, his daughter, the ViceChancellors, academic heads and proctors. Personal details of the architects of new laboratories and stuff in the Department of Experimental Psychology were also listed. Ministers listed included Patricia Hewitt, the Trade Secretary; Oona King, Michael OBrian, Jacqui Smith, Lord Sainsbury of Turville and Fiona Mac Taggart. A spokesman for the University of Oxford said: The University can only perceive publication of this information as an invitation to those who are prepared to harass, threaten or attack people who are conducting ordinary legal activities. A source close to Oxford University said police asked rather than told Yahoo to take down the site. A spokesman for Yahoo UK said : We operate a strict policy in accordance with UK laws and rely on feedback from users and the press to inforce our taste and decency policy. Tim Lawson-Cruttendon, a solicitor-advocate acting on behalf of Oxford University, said those responsible for the site could be jailed. A group calling thmselves Badgers Unknown was responsible for publishing the home addresses and telephone numbers of more than 100 people on the internet in March.

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Billy Connolly, Ian Botham, Jeremy Clarkson and others were targeted because of their support for hunting, shooting or fishing. Under the headline Celebrities Bloodsports Scum, the website referred to those on the list as twisted perverts and walking advertisments for eugenics. In February, Mr Justice Owen and Mrs Justice Hallett were warned by police to increase their personal security after their addresses and those of close relatives were published on the internet. They had both sat on high-profile animal rights cases. Speak, the organisation campaigning against the construction of an animal testing laboratory at Oxford, denied it had anything to do with the latest website. Robert Cogswell, its spokesman said : We condemn it wholeheartedly. Speak is a legal campaign, I cant see what justification anyone would have for publishing the home addresses of government ministers. But its suspicious that animal rights people should be posting such sensitive information while were fighting the Oxford University injunction. It could be a dirty tricks campaign by individuals wanting to sully the name of the animal rights campaign and is more likely to be something to do with pro-vivisection. Thames Valley Police said: We have been notified of the existence of a website that lists these members of staff and we will be investigating it . The Home Office said: This is under police investigation so it would not be appropriate for us to comment. Nicola Woolcock, The Times, November 3, 2004 B.1. Reading Comprehension Are the following statements true or false? 1. Animal rights extremists have made public the home addresses and private phone numbers of Oxford dons and Government ministers. 2. The site was removed after The Guardian contacted the internet service provider. 3. The website was created by an organisation calling itself Unknown Anarchist Ventures. 4. There were listed also personal details of the architects of the new laboratories. 5. The list was described as an invitation to threaten or attack people conducting illegal activities. 6. According to the solicitor dealing with this case, those responsible for the site could be jailed. 7. Speak is the organisation campaigning against the construction of an animal testing laboratory at Oxford. 8. Speak denied any involvement in the publication of the addresses. 9. According to the spokesman of the Speak organisation, this action could be a dirty tricks campaign.

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10. The Home Office said that it would be quite appropriate for them to comment. B.2. Talking Point Enlarge upon: So that means you need to know things even when you dont need to know them. You need to know them not because you need to know them but because you need to know whether or not you need to know. And if you dont need to know you still need to know so that you know that there was no need to know. Jonathan Lynn, Antony Jay, Yes Prime Minister B.3. Language Focus B.3.1. Use each of the folowing phrases in contexts of your own: 1. to post on the internet 2. to close a site 3. to grant access to 4. to keep track of 5. to knock up a programme 6. to place an order 7. to route data over a network 8. to run a software 9. to set up software 10. to insert a disk B.3.2. Give the full versions of the following abbreviations: 1. CAFE 2. CSNET 3. EOT 4. e-zine 5. FYI 6. IAP 7. PIN

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8. WAN 9. NUI 10. YAHOO B.3.3. Fill each of the numbered blanks in the passage with one suitable word: The guiding principle of data protection in the democracies is that information should be 1 .................... only for the purpose for which it is gathered, and 2 .................... the subject of the information should have the right to be certain of its accuracy and relevance. The basic principles are 3 .................... in laws which differ between jurisdictions. The real purpose of 4 .................... protection law is, or should be, not the protection of the state, 5 .................... the protection of the individual. Registered holders of data may use it 6 .................... for the purpose for which it has been collected, and may not disclose it to third 7 .................... without the permission of the data subject. The importance of this in the case of medical or financial 8 .................... is obvious. On the other 9 .................... , data subjects can give permission for information to be 10 .................... under certain circumstances. Those 11 .................... names appear on mailing lists, for example, can give the owner of the mailing list the 12 .................... to disclose it to other persons or bodies.

Section C

Translation

C.1. Translate into Romanian: Our capacity as human beings to acquire, use and store information is essential for our survival. This might appear a tall claim for something which in English law cannot be the object of theft. At a practical level, disasters are avoided, accidents prevented and sustenance provided by our use of information. Hamlets tragedy was that he was accurately informed; Othellos that he was not. While information itself is important, our ability to discern the degree of the reliability of the information provided is essential in the exploitation of resources or relationships, or in the exposure of sham. Information acquired through scientific inquiry establishes that it is irrational to believe that consulting the auspices, the stars or the tea leaves is a reliable indication of future events. Information is necessary to make sensible choice or wise judgement. Moral and ehical evaluation depends upon information acquired through our own and our predecessors

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experience. Information in the form of facts constitutes the basis of order in our lives, of community, regularity and knowledge. Are facts nothing more than the haphazard ascription of names or categories to phenomena impinging on our cosciousness, however? And if there are no facts, is it possible to know anything? In order to think or make decisions we apply categories of thought such as quantity, substance and causality, or a priori intuitions such as space and time, to myriad phenomena which we encounter. These are categories of intuitions which, according to Kant, inhere in the working of the mind itself. They are the starting point, he argued, of our organisation of confused data. They are the most basic forms of information. Their existence, Kant reasoned, is a basic fact. Without the application of these categories and intuitions we would be incapable of achieving judgement or making decisions. We would be incapable of existence beyond that of a vegetable. Such intuitions and categories, Kant believed, are inescapable in the human predicament. But the information to which we apply our faculties of judgement and decision making is far from immutable. It is subject to change, historical development, inaccuracy, distortion or imprecision, and so on. This is why we normally set a high premium on telling the truth, faithful and accurate recording of events, care in the provision of information; and why we punish cheats and frauds or censure liars, or hold as culpable the negligent transmission of information that causes harm. These examples illustrate the importance of the mutual and implicit acceptance of certain ground rules in the use of information and its employment in human communication. Rather like the categories of thought, they are an inescapable feature of existence, in particular of communication. Freedom Of Information, Patrick Birkinshaw C.1. Translate into English: Libertatea de exprimare Aricolul 30 (1) Libertatea de exprimare a gndurilor, a opiniilor sau a credin elor i libertatea crea iilor de orice fel, prin viu grai, prin scris, prin imagini, prin sunete sau prin alte mijloace de comunicare n public, sunt inviolabile. (2) Cenzura de orice fel este interzis. (3) Libertatea presei implic i libertatea de a nfiin a publica ii. (4) Nici o publica ie nu poate fi suprimat. (5) Legea poate impune mijloacelor de comunicare n mas obliga ia de a face public sursa finan rii. (6) Libertatea de exprimare nu poate prejudicia demnitatea, onoarea, via a particular a persoanei i nici dreptul la propria imagine. (7) Sunt interzise de lege defimarea rii i a na iunii, ndemnul la rzboi de agresiune, la ur na ional, rasial, de clas sau religioas, incitarea la discriminare, separatism teritorial sau la violen public, precum i manifestrile obscene, contrare bunelor moravuri. (8) Rspunderea civil pentru informa ia sau pentru crea ia adus la cunotin public revine editorului sau realizatorului, autorului, organizatorului manifestrii artistice, proprietarului mijlocului de multiplicare, al postului de radio sau de televiziune, n condi iile legii. Delictele de pres se stabilesc prin lege. 56

Dreptul la informa ie Articolul 31 (1) Dreptul persoanei de a avea acces la orice informa ie de interes public nu poate fi ngrdit. (2) Autorit ile publice, potrivit competen elor ce le revin, sunt obligate s asigure informarea corect a cet enilor asupra treburilor publice i asupra problemelor de interes personal. (3) Dreptul la informa ie nu trebuie s prejudicieze msurile de protec ie a tinerilor sau securitatea na ional. (4) Mijloacele de informare n mas, publice i private, sunt obligate s asigure informarea corect a opiniei publice. (5) Serviciile publice de radio i televiziune sunt autonome. Ele trebuie s garanteze grupurilor sociale i politice importante exercitarea dreptului la anten. Organizarea acestor servicii i controlul parlamentar asupra activit ii lor se reglementeaz prin lege organic. Constitu ia Romniei 2003

Section D
Comment on:

Writing

Knowledge itself is power. Francis Bacon, Meditationes Sacrae I keep six honest serving-men (They taught me all I knew); Their names are What and Why and When And How and Where and Who. Rudyard Kipling, Just So Stories In much wisdom is much grief: and he that increases knowledge increases sorrow. Bible, Ecclesiastes

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UNIT 6
Section A The Legal Background

THE RIGHT TO PRIVACY

Although privacy may be a value common to must societies (making allowances for the very different kinds of acivity and information it is attached to), its recognition as an enforceable right in various legal systems has been relatively recent. The French Declaration of the Rights of Man and the Bill of Rights in The Constitution of the United States both have fairly specific declarations of the right to freedom of expression, but no equivalent general statement of the right to privacy. In cultural terms, privacy has been defined as the desire of individuals for solitude, intimacy, anonymity and reserve. Falling into the category of private-law rights, privacy encompasses four torts of intrusion, presenting an individual in a false light, disclosure of embarassing private facts, and appropriation of a name or likeness. An important distinction must be made between such private-law rights of privacy between persons (and against, although not on behalf of legal persons, on the sometimes controversial assumption that privacy is a right of human personality and not one enjoyed by legal persons such as companies), and fundamental rights of privacy against the state. The latter may be the basis for invalidating laws such as those restricting abortion or allowing telephone tapping, and may also require states to establish private law rights of action that can be asserted both against persons and against the state itself. Another important distinction is between physical zones of privacy and informational privacy, although the two may overlap in cases such as intrusive photography. An important aspect of information privacy, both as a value and as a legal right, is that the information which is sought to be controlled may be true or false (and the value is often stronger when it is true), and it is not limited to activities or information about them which would necessarily lead to unpleasant consequences, or produce guilt or shame in the person concerned. Article 17 of the International Covenant on Civil and Political Rights states: 1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. 2. Everyone has the right to the protection of the law against such interference or attacks. The concept of privacy is clearly not limited to isolated individuals, but includes the kinship zone of the family. The physical zone of protection includes the home, and correspondence with others, which may go very far from the physical home (and is, of course, informational as well as being physical). There were proposals to include a limitation clause in article 17 describing acceptable limits to the right to privacy, but this was rejected. The Covenant prohibits arbitrary and/or unlawful interference with ones privacy. During the preparatory work fot the Covenant, there was some debate over the words arbitrary or unlawful, and the United Kingdom found arbitrary particulary unsatisfactory. Although the debate still is not completely over, it seems that the use of 58

both words is not redundant. The General Comment by the Human Rights Committee defines the term unlawful to mean that no interference can take place except in cases envisaged by the law. Interference authorized by States can only take place on the basis of law, which itself must comply with the provisions, aims and objectives of the Covenant. The Committee considers that arbitrary interference can extend to interference provided for under the law. The introduction of the concept of arbitrariness is intended to guarantee that even interference provided for by law should be in accordance with the provisions, aims, and objectives of the Covenant and should be, in any event, reasonable in the particular circumstances. The International Covenant on Civil and Political Rights and UK Law, D. Harris, S. Joseph A.1. Reading Comprehension Answer the following questions: 1. When was privacy recognised as an enforceable right? 2. Does The Bill of Rights contain any references to this right? 3. How can one define privacy? 4. Which are the torts of intrusion? 5. What is information privacy? 6. What does article 17 of the International Covenant on Civil and Political Rights state? 7. Is the concept of privacy limited to isolated individuals? 8. What does the physical zone of protection include? 9. What does arbitrary or unlawful interference mean? 10. Why was the concept of arbitrariness introduced? A.2. Talking Point Enlarge upon: Curiosity is endless, restless and useless. There is one thing in the world worse than being talked about, and that is not being talked about. Oscar Wilde, The Picture of Dorian Gray People die when curiosity goes. People find out, people have to know. How can there be any true revolution till we know what we are made of? Graham Swift, Waterland 59

A.3. Language Focus A.3.1. The Subjunctive The Present Subjunctive - it has exactly the same form as the infinitive It is important that the manager be present when we sign the papers. The Past Subjunctive - it has the same form as the simple past If I were you I would vote against his proposal. Use 1. in certain exclamations to express a wish or hope Come what may, well stand by you. 2. in that clauses - after words which express the idea that something is important or desirable e.g. suggest; recommend; ask; insist; vital; essential; important etc. It is essential that every child should have the same educational opportunities Our advice is that the company invest in new equipment. We felt that it was very important that James wrote to the manager as soon as possible. 3. as if /as though+ past subjunctive He behaves as if he owned the place. - after as if/as though we use a past perfect when referring to a real or imaginary action in the past He talks about Rome as though he had been there himself. 4. it is time+ past subjunctive Its time we went. Its high time we decided what method to use. 5. would rather /sooner+ unreal past Shall I give you a cheque? Id rather you paid cash. 6. wish+unreal past I wish I hadnt invested so much time in that project. Here is a list of reporting verbs that can be followed by a that clause containing a modal or a subjunctive. advice agree ask beg command demand direct insist order plead prefer propose recommend request rule stipulate

Choose ten verbs and use them in sentences of your own.

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A.3.2 Confusable Words. Choose the appropriate word and complete each of the following statements: dependent, dependant 1. A secure child is not made .................... by ordinary comforting. 2. If the borrower dies during that period his or her ................... will be protected against losing their home. economy, economics 3. .................... plays a central role in shaping the activities of the modern world. 4. Mass unemployment is always possible in a market .................... . historic, historical 5. .................... evidence seems to support this conclusion. 6. We are seeing the birth pang of industrial democracy: this is an ................... moment . illegal, illegitimate, illicit, unlawful 7. They were charged with .................... possession of explosive substances. 8. The Government aimed to eliminate unofficial strikes by making them .................... . 9. All parties regarded the treaty as .................... . 10. They were all prosecuted for .................... liquor selling. A.3.3. Complete the following table with the corresponding verb(s), noun(s), or adjective(s) where appropriate: Noun Verb allow debate enforceable encompass basis preparatory envisage redundant distinction Adjective controversial

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A.3.4. Fill each of the numbered blanks in the passage with one suitable word: There are spheres of our personal and public lives 1 .................... are a legitimate object of secrecy. Without adequate 2 .................... for justifiable secrets our integrity can be compromised, our identity shaken, our security shattered. 3 .................... of legitimate intimate relationships, medical facts, of prolonged sensitive negotiations, extremely delicate investigations 4 .................... the public interest, development of strategic or commercial plans, often require secrecy. Likewise the long-term development of products 5 .................... constant experimentation and creative thought or the protection of ideas. 6 .................... the guarantee of secrecy, there would be no protection for 7 .................... development. The law has come to recognise this by the 8 .................... of copyright and patent laws, the burgeoning area of intellectual 9 .................... law, the law of confidentiality and specific privacy laws such as those that have 10 .................... enacted in America and parts of the Commonwealth and Europe. Some American 11 .................... have gone further and 12 .................... unauthorised appropriation of industrial secrets a crime.

Section B

Fame, Freedom and Cameras in Your Face

A series of rulings by the Press Complaints Comission over the past few years has shown what the comission considers represent invasions of privacy and what do not. Photographs of prince William in Chile, where there would normally be no photographers, invade his privacy. So do pictures of J.K.Rowlings daughter on a beach outside a Mauritius hotel or Julie Goodyear (aka Coronation Streets Bet Lynch) in her back garden or of an ordinary, unknown citizen eating in a restaurant in Dorking used to illustrate a restaurant review. It was an invasion of his privacy to report that Euan Blair, the Prime Ministers son, was being interviewed by Oxford. Each complainant had a reasonable expectation of privacy Euan Blair, for instance, was still at school (and therefore out of bounds) and was the subject of a news item only because his parents were famous (also out of bounds). But it isnt an invasion of privacy to photograph the newsreader Anna Ford on a holiday beach or the actress Kate Beckinsale canoodling with her boyfriend while her daughter looked on. Both were in public places. When Naomi Campbell was photographed outside a drug clinic going to a Narcotics Anonymous meeting and went to law, the judges were divided. At first she was awarded 3,500, a decision overturned by the Appeal Court, which was in turn overruled, but

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only by 3-2, by the Law Lords. The view that prevailed was that the photograph tipped the balance in her favour. The paper was entitled to point out that she had lied about drugs but went too far in giving details of her treatment and photographing her outside the clinic. Yet privacy remains a vexing, and indeed, perplexing issue, as two recent rulings have shown. In a judgement in June on an action by Princess Caroline of Monaco, the European Court of Human Rights ruled that famous people do have a right to privacy. Yet Britains Press Complaints Commission ruled last week that a woman whose name is unknown to 99.9 per cent of the population did not. Princess Caroline complained that the photographs constantly taken of her by paparazzi and published by German magazines were used as entertainment, to satisfy readers voyeurism and to make big profits. German law, however offered no remedy for photographs taken in public places (also the situation in Britain). The princess was a figure of contemporary society par excelence and was entitled to privacy only if she could show she had retired to a secluded place with the objectively perceptible aim of being left alone. But the European court decided that German law did not adequately protect her privacy. She was not a politician but a private individual, and going about her daily activities fell within her private life. Lawyers in Britain interpreted that decision as a highly significant extention to the right to privacy. Contrast that ruling with the PCCs verdict on a complaint by solicitors for Kimberley Fortier, publisher of The Spectator, after it was reported in August that she was allegedly conducting an affair with David Blunkett, the Home Secretary. After the report, the PCC and her solicitors contacted newspapers, advising them of the clause about harassment in the commissions code of conduct. Ten days after the solicitors letter to editors, Fortier was aprroached while walking with her son in a Los Angeles street and photographed. A picture of her appeared in the Sunday Mirror three days later. She complained to the PCC that she had been harassed according to the code, newspapers should not engage in intimidation, harassment, or persistent pursuit, and the Sunday Mirror editor, should have ensured that non-compliant material was not used. She also complained that there had been intrusion into her privacy although she had undoubtedly been in a public place. The complaint was rejected. The PCC said that while Fortier had been distressed by the photographers approach, it did not appear that the photographer had persisted in taking her photograph after being asked to desist. The photographer had asked the complainant if she wished to pose for a picture and she had indicated that she did not. At some point ... he took a photograph. Neither account of the incident led the commission to conclude that there had been a breach of the code. The commission then argued that a request for journalists to desist from approaching a complainant does not last in perpetuity. Circumstances change, and the story had moved on; indeed, Fortier had reportedly contacted Blunkett to end the alleged relationship. So again there was no breach of the code. The PCC finally debated whether Fortier was a public figure, arguing that it had been alleged publicly that she was having a relationship with Blunkett and that her identity had been established in the public domain without complaint. There was a public debate about the life of Blunkett (as guardian of the nations morals), with whom she was

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involved. Neither she nor Blunkett had complained about the content of the articles. The commission concluded that the photograph which contributed to the public debate and was taken in accordance with the code was not intrusive. We can react to this judgement either as human beings or as journalists. As human beings, we may ask whether Fortier is genuinely a public figure, whether she deserves to have a camera jammed in her face when shes out with her son in Los Angeles, and whether her sex life (or Blunketts) really deserves the publicity it got. We can ask, too, whether ten days constitutes perpetuity. As journalists, we say that Blunkett is guardian of the nations morals and was allegedly involved with a high-profile media woman in an adulterous affair. She deserved everything she got. Id rather be a human being. Brian MacArthur, The Times, November 12, 2004 B.1. Reading Comprehension Are the following statements true or false? 1. The Press Complaints Commission has defined the concept of privacy through a series of rulings. 2. Each complainant had a reasonable expectation of privacy. 3. The complainants included also Tony Blair. 4. Photographs in public places do not violate the right to privacy. 5. Naomi Campbell won her case against media intrusion. 6. Her case was solved in the first stage and no appeal was made. 7. The European Court of Human Rights ruled that famous people do not have a right to privacy. 8. German law offers no remedy for photographs taken in public places. 9. Princess Caroline went to the European Court complaining about a constant media intrusion in her life and won. 10. In the case of Kimberley Fortier, the PCC considered that there was no invasion of privacy. B.2. Talking Point Enlarge upon: A celebrity is a person who works hard all their life to become known, then wears dark glasses to avoid being recognised. Fred Allen, Treadmill to Oblivion

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Fame is a magnifying glass. Fame is like a river, that bears up things light and swollen, and drowns things weighty ans solid. Francis Bacon, Of Praise Being a personality is not the same thing as having a personality. Alan Coren Any publicity is good publicity. B.3. Language Focus B.3.1. Give the Romanian equivalents for each of the following items and use them in contexts of your own: 1. media hype 2. a news blackout 3. a press release 4. a press briefing 5. lurid reporting 6. to be in the limelight 7. to hit the headlines 8. to be given front page treatment 9. to give prominence to 10. to carry an exclusive tag B.3.2. Choose the word A, B or C which best completes each sentence: 1. The protection of privacy .................... the medias freedom of communication. A overwhelms practice. A guidance A concern B information B interest C answers C aim 3. An infringement of privacy has to be justified by an overriding public .................... . 4. The .................... of obtaining information must be proportionate to the matter under B infringes C triggers 2. .................... about protecting interests in privacy is contained in separate codes of

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investigation. A channel A well consent . A be A interests A dig A gives A hiding B happen B moves B elicit B confers B protecting C take place C values C know C renders C concealing 7. What .................... the public is not the same as the public interest. 8. Surprise can be a legitimate device to .................... truth. 9. A duty of confidence .................... an equitable right against further communication. 10. Information is confidential if there is a public interest in .................... it. B means B good C system C far 5. The information should be important as .................... as true. 6. The publication of words or images should not .................... without the individuals

B.3.3. Fill in the blanks in the following text with an appropriate term from the list below: law created cornerstone publications publish reporting licence chairman concern complaint privacy request

Freedom of the press has been, in theory at least, a 1 .................... of civil liberties in England for centuries. One of the most important results of this is that English 2 .................... does not require publishers to obtain a government 3 .................... unlike some other countries. This means that anyone may 4 .................... a newspaper or magazine, though in practice economic considerations mean the biggest and most widelyread 5 .................... are concentrated in the hands of a small number of companies. Complaints about the press, which usually concern invasion of 6 .................... or unfair or inaccurate 7 ...................., can be made to the Press Complaints Commission. The Commission is a non-statutory body, comprising a 8 .................... and fifteen members, one third of whom are not associated with the press. It can 9 .................... that newspapers publish corrections, apologies or statements about the 10 .................... , but

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cannot enforce this request. In recent years there has been a growing 11 .................... that its powers are too weak, particularly in the area of invasion of privacy, and that a fullyfledged privacy law should be 12 .................... .

Section C

Translation

C.1. Translate into Romanian: A perennial theme in deliberation about media standards has been the desirability of controlling journalists and broadcasters intrusions into privacy. Although the press has been prompted to adopt self-regulation as a defensive tactic in resisting legislation, the medias overall experience of privacy regulation shows that there will continue to be a need for special sensitivity to their concerns. A major reason for such sensitivity is that the concept of privacy is not easy to elucidate and its priority in securing protection over other interests is not self-evident. In general, it is a claim about the individuals right to restrict the availability of information about himself or herself. The justification for such restriction is typically couched in terms of a natural need for personal space, or control over the presentation of ones identity or self to the outside world. Essentially, however, the claim is that individuals should not have to account for themselves in respect of certain information and protection of privacy may be overridden by an appeal to a significant public interest in disclosure. Intrusions or deceptions, for example, in the form of snooping, surreptitious surveillance, trespassing, or intercepting letters and telephone conversations, may be justified if keeping the material relatively secret would adversely affect the public at large, notwithstanding the harm or distress which may be caused to individuals concerned. The difficulty, however, is to decide in which circumstances the information is sufficiently otherregarding for the public to have a justifiable claim, if not a right, to know about it. Some cases are reasonably clear: if facts about anti-social or harmful practices are private, that does not justify their continued secrecy; and facts which are relevant to politicians ability to govern are required to be publicly known in the interest of participation in the democratic process. The medias role is organised around more mundane objectives, however, in the form of their news values, and those values provide a powerful incentive to provide information, not because it is in the publics interest to know it, but because it is simply of interest to them. As with other matters of quality in the media product, the distinction between the two meanings of interest has proved difficult to identify in practice. Even where criteria have been specified for identifying gratuitous publicity, they tend to shape thinking rather than provide solutions. Examples are: what is the nature of the public interest and how essential is publication of the persons identity, how public is the person concerned and the information involved, how was the information acquired, and how serious was the invasion of privacy. A set of common themes has emerged as worthy of special attention when considering media behaviour. Partly, they are a response to public criticism to journalists and, partly, they are an expression of professional ethics. In broadcasting,

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there has generally been a willingness to articulate and comply with regulatory standards for dealing with intrusions into privacy, whereas in the press there has been some resistance to the acceptance at all of constraints on journalistic activity. Regulating the Media, Thomas Gibbons C.2. Translate into English: Via a intim, familial i privat Articolul 26 (1) Autorit ile publice respect i ocrotesc via a intim, familial i privat. (2) Persoana fizic are dreptul s dispun de ea nsi, dac nu ncalc drepturile i libert ile altora, ordinea public sau bunele moravuri. Inviolabilitatea domiciliului Articolul 27 (1) Domiciliul i reedin a sunt inviolabile. Nimeni nu poate ptrunde sau rmne in domiciliul ori n reedin a unei persoane fr nvoirea acesteia. (2) De la prevederile alineatului (1) se poate deroga prin lege pentru urmtoarele situa ii: (a) executarea unui mandat de arestare sau a unei hotrri judectoreti; (b) nlturarea unei primejdii privind via a, integritatea fizic sau bunurile unei persoane; (c) aprarea securit ii na ionale sau a ordinii publice; (d) prevenirea rspndirii unei epidemii. (3) Perchezi ia se dispune de judector i se efectueaz n condi iile i n formele prevzute de lege. (4) Perchezi iile n timpul nop ii sunt interzise, n afar de cazul infrac iunilor flagrante. Secretul coresponden ei Articolul 28 Secretul scrisorilor, al telegramelor, al altor trimiteri potale, al convorbirilor telefonice i al celorlalte mijloace legale de comunicare este inviolabil. Constitu ia Romniei 2003

Section D
Comment on:

Writing

The Mass Media and the Right to Privacy.

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UNIT 7
Section A A 2020 Vision

EXPLORING THE FUTURE

Throughout history, there has been a tradition that mankind constantly casts an eye to the future and envisages scenarios of what the world might conceivably look like. It would be a useful exercise to cast ones eyes to the blue skies of the future and to consider what the pubilc sector stuctures of the future will look like. How will citizens engage with them? How seismic is the scale and rate of change likely to be? The short answer is, of course, that we dont know, with any degree of certainty. However, looking at the trends emerging at the outset of the twenty-first century, it is possible to construct a view which suggests that things may be at once very different and still very much the same, at least in respect of key issues which need to be addressed on an ongoing basis. What is likely to be very different, in democratic societies at least, is that drifts in levels of citizen participation will have been addressed in a range of ways. Perhaps the most likely is that, even in societies which have long held it to be an infringement of civil liberties, the requirement that citizens take part in political elections will have moved to a position whereby certain levels of participation in the democratic process are mandatory. Of course, supporting this may be the fact that for a majority of citizens participation will have become a great deal easier. Moves towards rolling out the use of electroning voting will have become embedded, and as this takes place and the technology becomes more and more familiar, it is possible to envisage a future scenario which will see opportunities for participation and comment on local, national and possibly even transnational issues being opened up on a far more regular basis. The year 2020 will also see many of the most industrially developed countries in the world seeking to manage the problem of an increasingly ageing population and having to design and deliver a range of services which are appropriate for this significant sector of users. The promises held out by the information society and the knowledge economy will have found themselves particularly tested in respect of how the public sector has been able to develop appropriately to meet the needs and expectations of this sector of society. A generation who grew up with the promise of a technology-enabled better world may conceivably find themselves in their third age, as post-retirement is sometimes euphemistically called, questioning how public sectors structures are supporting their aspirations for improved quality of life. In nations which are currently in a transitional stage into developed economies, huge changes in infrastructure are likely to result in considerable transformation of the ways in which people and communities relate to one another. Above all, the two-thirds of the worlds population who currently do not have access to telephone-based communications are likely to see tremendous changes enacted through the increased penetration of this most basic ICT tools. This will undoubtedly feed into the emergence of far greater focus

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upon the roles and responsibilities of public service providers, with many emerging economies being well placed to establish structures and approaches to service delivery unhindered by the (often) centuries of tradition evident in many more developed nations. So, it is possible to take a view that innovation and reform in the public sector will be global in scope, and that emerging economies may be able to enact information and knowledge management (IKM) principles. Perhaps the greatest change evident in the way that public services will look from a perspective of twenty years hence is that there is likely to be a more logical and end-user focused approach to the way in which organisations operate. The current model, which typically sees a split of provision and responsability across national, regional and sometimes local boundaries, is going to be challenged, possibly to the point of extinction. The questions that an IKM-focused reform agenda specifically asks, around the use of resources to best effect and the minimising of waste and duplication, will have resulted in the collapsing of many of the present artificial boundaries of provision. The first two decades of the twenty-first century could see real progress being made in marrying the goal of citizen-centric service provision with the aspiration to reduce the muddle and mess resulted in by lack of co-ordination across traditional stovepipe stuctures and applications. By 2020, having responded to the challenges introduced by moving towards the maximisation of IKM assets, politicians and senior managers alike will be working within a structure which is capable of being more personal, inasmuch as the individual citizen should be enjoying the benefits to meaningful single entry points to public services, and at the same time more consensual and participative. Citizens, as end-users, will provide key and ongoing contributions to the development of services, with a culturally embedded mode of contributing to ongoing service development. So there is every likelihood, if we take a view that IKM principles have been embraced and become embedded over time, that something which could genuinely be described as joined up public services could be realistically expected to result. These services will make use of increasingly powerful and sophisticated ICT applications, and as a result a majority of citizens and of the public service work force are likely to be operating in distinctly different ways from those which we observe today: the culture of both use and delivery should have moved on significantly. The concepts of space and time as key defining factors in relation to the availability of access to public services will have been largely eradicated. For a large majority of both questions and transactions, the citizen will be able to engage in communication with relevant services at locations and at times which are more convenient to them. Where public services continue to have a direct public access presence, it is likely that staff and facilities will be located within public spaces such as shopping centres, leisure complexes or healh care facilities and that those staff at the front line will be generalists, capable of handling a full range of service queries and making linkages, possibly via video connection, to experts at remote locations. Such service points are also likely to be capable of addressing issues that cover all tiers of public service provision, with a complete removal, from public view at least, of a sense of separateness around different strata of government.

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Thus, if looking to the future reveals a dominance of one key theme, it is surely that of increased momentum in tearing down many of the barriers and boundaries that operate across traditional models of public service provision. Managing Information in the Public Sector, Eileen Milner A.1. Reading Comprehension: Complete the following statements: 1. Certain levels of participation in the democratic process will be .............................. . 2. .............................. will try to manage the problem of an increasingly ageing population. 3. Two thirds of the world population, are likely to see .............................. enacted through the increased penetration of telephones. 4. Innovation and reform .............................. will be global in scope. 5. There is likely to be a much more logical and end-user focused approach to the way .............................. . 6. The current model is going to be challenged, possibly to the point ............................. . 7. Politicians and senior managers will be working within a structure which is capable of being more .............................. . 8. Citizens will provide key and ongoing contributions to the development .............................. . 9. The public services will make use of increasingly powerful and sophisticated .............................. . 10 The concepts of space and time .............................. . A.2. Talking Point Enlarge upon: Where there is no vision, the people perish. Bible A.3. Language Focus A.3.1. The Future By 2020, ... politicians and senior managers alike will be working within a structure which is capable of being more personal.

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The promises held out by the information society and the knowledge economy will have found themselves particularly tested. Ways of expressing the future in English: 1. present tenses - future events which have already been planned Present Progressive: What are you doing tomorrow? Present Simple: The train leaves at 6 pm tomorrow. 2. shall/will +short infinitive I will probably become a researcher. 3. be going to+ long infinitive Susan is going to write a book on central government.. 4. future perfect By next year, well have been here for eight years. 5. future progressive This time tomorrow Ill be studying in the library. 6. future in the past I knew she would pass the examination. 7. be about+ long infinitive The President is to visit Germany in January. 8. subordinate clauses - in many subordinate clauses, one refers to the future using present tenses When Phone me when you have time. If He wont get a scholarship, if he doesnt learn. What Ill tell you what I find out. What and where will you be in ten years time? Try an imagination exercise and put down a few lines using future constructions. A.3.2. Word Focus TAKE Even in schools which have long held it to be an infringement of civil liberties, the requirement that citizens take part in political elections will have moved to a position whereby certain levels of participation in the democratic process are mandatory. Moves towards rolling out the use of electronic voting will have become embedded, and as this takes place ... So, it is possible to take a view that innovation and reform in the public sector will be global in scope. Choose the appropriate word from the list and complete the following sentences: 72

stand

pride

leave

note

shape

time

possession

way

refuge

views

1. She takes great .................... in being the first to have thought about the strategy. 2. The criminal took .................... in an isolated deserted house. 3. It is rather unfortunate that he always takes short .................... of things. He could be more open minded. 4. We should all take a .................... as far as environmental issues are concerned. 5. I must take my .................... . They are waiting for me at the ministry. 6. You should take .................... of what hes saying. He has always kept his promises. 7. Take your .................... ! You still have two hours left until your plane takes off. 8. She has always taken her .................... . She has never asked for help. 9. After the judges ruling he finally took .................... of his old house. 10. Catherine is quite pleased that her course has finally taken .................... . A.3.3. Fill in the blanks in the following text with an appropriate term from the list below: work openness starting evolves developing structures perceived legislation employees engaged but organisation

Legislating for new public sector 1 .................... may, in many instances, be a necessary statutory requirement, 2 .................... it is only ever likely to be a cosmetic exercise if there is not considerable commitment and leadership given to actually making the changes 3 .................... . Political statements and 4 .................... around public sector structures and delivery modes must be treated as a 5 .................... point on the road to better government, rather than being 6 .................... as the culmination of the change process . Communicating with and gaining the sign-up of 7 .................... is the only sure way of moving forward, and for this to happen there must be a culture of 8 .................... and trust that is genuinely focused upon building and 9 .................... better ways of working. When such a culture 10 .................... , then there is every chance that the final contributor to the emergence of a truly effective information and knowledge management enabled 11...................., the service end-user, will become far more readily 12 .................... in driving forward service development.

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A.3.4. Provide illustrative contexts for each of the following items: 1. to cast an eye to 2. at the outset of 3. to construct a view 4. on an ongoing basis 5. to become embedded 6. to envisage a scenario 7. to meet the needs of 8. to engage in communication with 9. to handle queries 10. to make linkages

Section B

Ideas Plucked From a Blue Sky

iPOD, uPod, we all Pod ... and Apple pockets the dosh. Earlier this month Apple Computer reported record quarterly profits. It has also been voted the most innovative company in the world. This is no coincidence. Innovation having a bigger, brighter idea than your competitors sets the cash registers ringing. That is why any winning strategy has at its heart a good idea. Which all sounds simple until you try to do it. Where do you go to find good ideas and how can companies use creativity to make money? This is a hot topic in the boardroom. The Boston Consulting Groups (BCG) Innovation 2005 survey found that two executives out of three say that innovation is one of their companys top three strategic priorities. Jim Andrew, a senior vice-president and director at BCG, says: Innovaton is extremely important; without it, you quickly find that your competitors can make it or do it too. And if strategy is about gaining a competitive edge youre doomed when someone else says me too. Despite their enthusiasm, most bosses dont believe that they are getting their moneys worth from inovation. Andrew says that this is because few firms transform themselves into truly innovative organisations. This means applying innovation to everything you do. At places such as Sony and Apple, innovation is part of the DNA, Andrew says. Everyone has bought into the need for it, there is support and money for idea generation and tolerance of failures, innovation is both measured and rewarded in the form of staff bonuses and prises. The management guru Robert Heller says that it would help if managers relaxed and stopped trying to control staff so much. True ideas cultures encourage dissent and difference, he says.

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At companies such as Gore and 3M, staff are given the time to experiment with ideas which might, or might not, benefit the company. Sadly this is not the norm. Back in the dot-com era everyone thought that good ideas come from highly paid creative types. Now most people agree that anyone is capable of having a blinding idea. Sal Pajwani, the managing director of ?What if!, a London based innovation company says: Innovation is a science, his formula for which includes seeking inspiration from unusual sources, thinking laterally and testing out ideas with customers. Tim Brown, the CEO and president of Ideo, a design company, would like Pajwani. Brown thinks that innovative strategy comes from people who think like designers, and this is what Pajwani and the guys at Apple do. Designers know their customers, empathise with them and like building prototypes. Whether youre a designer or an accountant, whether inspiration strikes while you are at your desk or in the shower, an idea strategy can definitely increase your worth. Carol Lewis, The Times, July 21, 2005 B.1. Reading Comprehension Are the following statements true or false? 1. Apple Computer has been voted the most innovative company in the world. 2. Any winning strategy has at its heart a good idea. 3. The BCGs Innovation 2005 survey found that one executive out of three values the importance of innovation. 4. Strategy is about gaining a competition edge. 5. Most bosses believe that they are getting their moneys worth from innovation. 6. At Sony and Apple, innovation is part of the DNA. 7. True ideas cultures encourage dissent and difference. 8. Not anyone is capable of having a blinding idea. 9. The managing director of ?What if! says that innovation is not a science. 10. An ideas strategy can increase anyones worth. B.2. Talking Point Enlarge upon: Nothing is more dangerous than an idea, when you have only one idea. Alain, Propos sur la religion Thinkers are people who re-think; who think that what was thought before was never thought enough. Paul Valery, Thinkers 75

You cant stop. Composing is not voluntary, you know. There is no choice, you are not free. You are landed with an idea and you have responsibility to that idea. Harrison Birtwistle Discovery consists of seeing what everybody has seen and thinking what nobody has thought. Albert von Szent Gy rgyi, The Scientist Speculates B.3. Language Focus B.3.1. Which of the words in each list is not synonymous with the first one: 1. profit 2. innovation 3. idea 4. organisation 5. transform 6. support 7. experiment 8. empathy 9. tolerate 10. need gain proceeds earnings returns loophole break inkling ordinance alter system assist undertaking comprehension deprecate requirement affinity novelty alteration element convert encumber attempt invention thought transmute sustain change

conception establishment construe uphold trial feel

brainstorm metamorphose

institution

association bolster

sagacity indulge

endeavour permit lack

understanding endure fortitude

commiseration necessity

concede urgency

B.3.2. Fill each of the numbered blanks in the passage with one suitable word: One of the few certainties facing any public sector organisation is 1 .................... change and change pressures are an ever-present part of life. The imperative 2 .................... that, in auditing your information assets on a regular basis, change should 3 .................... on the basis 4 .................... a sound understanding of many critical factors which might otherwise be (and in reality often 5....................) overlooked. When 6 .................... upon change strategies for information-intensive processes such as benefits payments, there is a 7.................... to have a fundamental understanding of the information elements that make up the claim, including processing and payment aspects, and identifying and analysing 8 .................... many possible variables around this interaction as resources 9.................... . 10 .................... investing time in this activity, the likelihood of achieving

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a change that actually works, where problems and allied wastage 11 .................... time and further resources are minimised, is considerably 12 .................... . B.3.3. Give the Romanian equivalents for each of the following items and use them in contexts of your own: 1. to sustain/suffer a loss 2. to plough back profits 3. to get value for money 4. to sell at premium 5. to put out to tender 6. to break even 7. to drive a hard bargain 8. to hit the jackpot 9. to go into administration 10. to recoup ones losses

Section C

Translation

C.1. Translate into Romanian: Within any organisational context the proper place to position the strategic development and deployment of ICTs is to ensure that they are regarded as tools, as enablers, rather than drivers, of change. Too often, influential commentators have embedded the technology at the heart of the change process, a view at least partly challenged by Hammer, who argues that: The watchwords of the decade are innovation and speed, service and quality ... Instead of embedding outdated processes in silicon and software, we should obliterate them and start over. We should reengineer our businesses to use the power of modern information technology to radically redesign our business processes in order to achieve dramatic improvements in the performance. So while technological applications are clearly important in organisational structures, whether commercial businesses or public sector services and operations, they should not obliterate from view the clear need to think through what it is that you want the technology to help you to do. In IKM-focused operations there is therefore a need to clearly articulate in strategy and planning documents what specific information and knowledge goals and changes can be enabled through the use of technologies. Such an approach, although possibly liable to accusations of being nothing more than much-

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maligned common sense, is not only critical for achieving success in respect of IKM developments but also, vitally, capable of ensuring that investment decisions are properly focused on organisational needs and aspirations, rather than simply reflecting what the technology is deemed to be capable of. Thus, moving towards the adoption of an IKMcentric focus upon public sector management should in practice mean a move to invert the dominant current model of public sector developments, largely driven by capabilities presented by technologies, and arriving instead at a position where technologies are assesssed in respect of fit between their potential and what the organisation wants to achieve. Managing Information in the Public Sector, Eileen Milner C.2. Translate into English: Dispozi ii privind participarea la procesul de luare a deciziilor Art. 7. (1) Participarea persoanelor interesate la lucrrile edin elor publice se va face n urmtoarele condi ii: a) anun ul privind edin a public se afieaz la sediul autorit ii publice, inserat n site-ul propriu i se transmite ctre mass-media, cu cel pu in 3 zile nainte de desfurare; b) acest anun trebuie adus la cunotin a cet enilor i a asocia iilor legal constituite care au prezentat sugestii i propuneri n scris, cu valoare de recomandare, referitoare la unul dintre domeniile de interes public care urmeaz s fie abordat n edin public; c) anun ul va con ine data, ora i locul de desfurare a edin ei publice, precum i ordinea de zi. (2) Difuzarea anun ului i invitarea special a unor persoane la edin a public sunt n sarcina responsabilului desemnat pentru rela ia cu societatea civil. (3) Participarea persoanelor interesate la edin ele publice se va face n limita locurilor disponibile n sala de edin e, n ordinea de precdere dat de interesul asocia iilor legal constituite n raport cu subiectul edin ei publice, stabilit de persoana care prezideaz edin a public. (4) Ordinea de precdere nu poate limita accesul mass-media la edin ele publice. Art. 8. Persoana care prezideaz edin a public ofer invita ilor i persoanelor care particip din proprie ini iativ posibilitatea de a se exprima cu privire la problemele aflate pe ordinea de zi. Art. 9. (1) Adoptarea deciziilor administrative ine de competen a exclusiv a autorit ilor publice. (2) Punctele de vedere exprimate n cadrul edin elor publice men ionate la art. 8 au valoare de recomandare. Art. 10. Minuta edin ei publice, incluznd i votul fiecrui membru, cu excep ia cazurilor n care s-a hotrt vot secret, va fi afiat la sediul autorit ii publice n cauz i publicat n site-ul propriu. Art. 11. (1) Autorit ile publice prevzute la art. 4 sunt obligate s elaboreze i s arhiveze minutele edin elor publice. Atunci cnd se consider necesar, edin ele publice pot fi nregistrate. (2) nregistrrile edin elor publice, cu excep ia celor prevzute la art. 6, vor fi fcute publice, la cerere, n condi iile Legii nr. 544/2001 privind liberul acces la informa iile de interes public.

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Art. 12. (1) Autorit ile publice prevzute la art. 4 sunt obligate s ntocmeasc i s fac public un raport anual privind transparen a decizional, care va cuprinde cel pu in urmtoarele elemente: a) numrul total al recomandrilor primite; b)numrul total al recomandrilor incluse n proiectele de acte normative i n con inutul deciziilor luate; c) numrul participan ilor la edin ele publice; d) numrul dezbaterilor publice organizate pe marginea proiectelor de acte normative; e) situa ia cazurilor n care autoritatea public a fost ac ionat n justi ie pentru nerespectarea prevederilor prezentei legi; f) evaluarea proprie a parteneriatului cu cet enii i asocia iile legal constituite ale acestora; g) numrul edin elor care nu au fost publice i motiva ia restric ionrii accesului. (2) Raportul anual privind transparen a decizional va fi fcut public n site-ul propriu, prin afiare la sediul propriu ntr-un spa iu accesibil publicului sau prin prezentare n edin public. Legea 51/2003 privind transparen a decizional n administra ia public

Section D

Writing

We look forward to a world founded upon four essential human freedoms. The first is freedom of speech and expression everywhere in the world. The second is freedom of every person to worship God in his own way everywhere in the world. The third is freedom from want ... everywhere in the world. The fourth is freedom from fear ... anywhere in the world. Franklin Roosevelt The universe is transformation: our life is what our thoughts make it. Marcus Aurelius The empires of the future are the empires of the mind. Winston Churchill

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BIBLIOGRAPHY
1. Birkinshaw, Patrick, Freedom of Information, Butterworts, 1996 2. Byrne, Tony, Local Government in Britain, Penguin Books, 2002 3. Carpenter, Edwin, Confusable Words, Harper Collins Publishers, 1999 4. Cohen, M., J., The Penguin Thematic Dictionary of Quotations, Penguin Books, 1998 5. Constitu ia Romniei 2003 6. Feather, John, The Information Society, Library Association Publishing, 2000 7. Foley, Michael, The Politics of the British Constitution, Manchester University Press, 1998 8. Galligan, D., J., Due Process and Fair Procedures, Clarendon Press, 1996 9. Gibbons, Thomas, Regulating the Media, London, 1998 10. Harris, David, Joseph, Sarah, The International Covenant on Civil and Political Rights and UK Law, Clarendon Press, 1995 11. Irwin, John, Modern Britain, Routledge, 1995 12. Kavanagh, Dennis, British Politics, Oxford University Press, 2000 13. Legea nr. 188/1999 privind statutul func ionarilor publici 14. Legea nr. 90/2001 privind organizarea i func ionarea Guvernului Romniei i a ministerelor 15. Legea nr. 215/2001 privind administra ia public local 16. Legea nr. 52/2003 privind transparen a decizional n administra ia public 17. Meron, Theodor, Human Rights in International Law, Clarendon Press, 1992 18. Milner, Eileen, Managing Information in the Public Sector, Routledge, 2000 19. Oxford Advanced Learners Dictionary, Oxford University Press, 1993 20. Pilkington, Colin, The Civil Service in Britain Today, Manchester University Press, 1999 21. Ratcliffe, Susan, edited, The Oxford Dictionary of Thematic Quotations, Oxford University Press, 2000 22. Stoker, Jerry, The Politics of Local Government, Macmillan, 1991 23. Swan, Michael, Practical English usage, Oxford University Press, 1996 24. The Times: November,3/12/18, 2004; December, 6/7/8/9/10, 2004; July, 7/19/21, 2005 80