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December 01, 2006
Friday
 
 
New report calls for an EU police force, new EU regulations and the precautionary principle
Alex Singleton (London)  Globalization/economics

A new report jointly published by the Centre for the New Europe, the Stockholm Network and the Center for Medicines in the Public Interest calls for tough new action against counterfeit pharmaceuticals. It attacks those sceptical of European integration for stopping the growth of new European institutions which would help fight counterfeits:

Why are European governments ineffective in fighting organised international crime?... The reason for their failure is nationalism, and their lack of trust of other Europeans. Each national government and parliament thinks it knows best. Each is reluctant to share information with others for the greater European good.

The solution is an EU cross-border police force with arrest powers:

Europe needs to create its own cross-border law enforcement agency with operational powers. The USA has its FBI. Europe has nothing. The gutter press would complain that ‘foreigners in jackboots are now arresting our citizens at dead of night. Didn’t we fight the Second World War to prevent this?’ Instead of being afraid of such criticism, Europe’s national leaders should look forward and provide leadership in solving our new problems, such as organised crime.

There needs to be a greater EU-level regulation, too:

In Europe, given that counterfeit medicines and pharmaceutical crime are a cross-border problem and that largescale lack of coordination is probably the most fundamental problem hindering effective counteraction, there is strong justification for the adoption of a Europe-level binding instrument that provides the legislative framework to effectively tackle medicines counterfeiting. Whether or not there should be a specific piece of counterfeit medicines/pharmaceutical crime legislation (or sub-law) very much depends on the analysis of a detailed codification of potentially applicable legislation in the European states, which should identify areas of legislative gaps and lack of coordination. It is worth stating that some countries (not in Europe) have implemented counterfeit-medicine specific legislation (e.g. Republic of the Philippines, 2003). An advantage of such an approach is that it rightly serves to differentiate medicines counterfeiting and health crime from other forms of counterfeiting that do not result in the same degree of risk to health.

The EU needs an "agenda for action":

The EU needs to define a collective response to address current deficiencies and move forward with a coherent policy, and a legislative response to counterfeit medicines. This agenda will require action by the Council on the inter-governmental priorities, by the European Commission for specific EU priorities, and by the European Parliament on behalf of European citizens.

The report admits that they have no idea how much counterfeiting exists:

The absence of comprehensive and reliable data on the prevalence of counterfeit drugs also means that regulators, rightly from their perspective, can say there really is no major problem.

But, of course, the precautionary principle must apply:

What is certain, though, is that one death from medicines counterfeiting in Europe is one death too many, and that policy-makers and authorities should do everything in their power to prevent this possibility.

I am not sure that I agree with this report.

Comments

I am not sure that I agree with this report.

Really Alex? I would rather have hoped you definetly were against any report that calls for all of those things. I thought the CNE was vaguely libertarian...I guess I was well wrong.


Posted by Andrew Ian Dodge at December 1, 2006 12:10 PM

The gutter press would complain that ‘foreigners in jackboots are now arresting our citizens at dead of night. Didn’t we fight the Second World War to prevent this?’

YES! YES! YES, WE DID! ARRGH!

Instead of being afraid of such criticism, [eh?] Europe’s national leaders should look forward [can't be good] and provide leadership [worse] in solving our new [?] problems, such as [fascism? nope.] organised crime.

of course, the condescending tone is the most infuriating thing, as is the brushing aside of a legitimate concern about possible similarities to the last bunch of autocratic, unelected socialists who wanted the unify the continent.

"Silly Britisher chums! Ve are the EU polizei, haben sie nothing to fear! Papers, please?"

"Sehr interessant! Come viss us!"

Ugh.


Posted by jdubious at December 1, 2006 12:31 PM

Andrew,

Three thoughts about the report:

Firstly, it fails to deliver evidence to back up its claims - the report uses phrases like "evidence exists" without explaining what evidence this is or giving a footnote.

Secondly, the assumption that the EU is the solution is not one that I think everyone would share.

Thirdly, the report will be used by those who oppose free trade in pharmaceuticals in Europe to create an EU regulatary system that can counteract the current EU belief that free trade must be supported. The report describes free trade as "parasitic" and people who legitimately buy from one country and sell in another are called "parallel profiteers". The report says that "one of the most serious impediments to an allied transatlantic war against prescription drug counterfeiters is parallel trade."


Posted by Alex Singleton at December 1, 2006 12:45 PM
What is certain, though, is that one death from medicines counterfeiting in Europe is one death too many,

One death from unneccessary government regulation is one too many. Can we have a precautionary prinicple for government regulation?


Posted by Ted Schuerzinger at December 1, 2006 01:40 PM

If we get an American style FBI will we get a J Edger Hoover keeping secret files on everybody? -- the FBI has always spent more effort on political crime than anything else.


Posted by MikeG at December 1, 2006 01:53 PM

I think we should have a war against disorganised crime.
AKA the EU.


Posted by RAB at December 1, 2006 03:56 PM

So... the EU Elite want a new police force to fight counterfeit drugs? That's it? They want to start a police group with more powers than any European "law enforcement" group since the SS in order to tackle a single issue that doesn't even affect the average Joe?

I believe in protecting patents and all, but this seems a bit like using an RPG to take care of a mosquito. And just like in the cartoons, the tiny insect will be left untouched while everything around him will be reduced to rubble.

What a flimsy excuse for expanding state powers. They could at least have the decency to use an excuse the general population might actually buy, like terrorism, or bird flu. Nope, apparently cheap Viagra is the most pressing issue facing the Continent these days. Not that it matters. If the recent actions of the EU bureaucrats are any indication this matter won't be left to the serfs to decide anyway.


Posted by Quenton at December 1, 2006 05:09 PM

It used to be said that Hell was a place where the policemen were German, the politicians French, and the cooks British. Now you are getting something even worse: a place where the police are Belgian!

As to comparisons between the FBI and proposed Euro-cops, we Yanks have a pretty clear division between Federal and state crimes. The Feebs cannot arrest you for strictly local crimes, and local cops jealously protect their prerogatives. The FBI is sometimes called in on a local case as consultants, and they maintain national criminal databases, but their arrest powers are limited to very specific complaints, like robbery of a federally chartered bank or kidnapping. Even in the famous cases of serial killers they only advise the local authorities, who actually arrest and try the culprit. Will the Euro Squad have such sensible limits?


Posted by Petronius at December 1, 2006 06:51 PM

CNE Report:


Europe needs to create its own cross-border law enforcement agency with operational powers. The USA has its FBI. Europe has nothing. The gutter press would complain that ‘foreigners in jackboots are now arresting our citizens at dead of night. Didn’t we fight the Second World War to prevent this?

So, thugs in jackboots supposedly aren't an essential part of that wonderful American approach to law enforcement that they would like to see followed in Europe?


Posted by Ivan at December 1, 2006 08:32 PM

The first thing that the precautionary principle should be applied to is ... the precautionary principle.

Then it will be rejected out of hand..


Posted by Marshall at December 2, 2006 03:58 AM

I would like to see a cross-border EU police force - I'd LOVE to see a trans-world police force with a mandate to do something about the numerous vest-pocket dictators that seem to consider it their right to beggar their citizens and bomb their neighbours for fun and profit - but I'm pretty sure from the sad hash of PC tripe the EU seems to call "legislation", that it can't be done at present - and that if it is, it will be both noxiously overbearing, and ineffective in the role for which it was inaugurated. Is that cynical, or what?

What galls me the most. is that horribly blinkered and arrogant tag-line "if only one life is saved..." How far are you prepared to take that logic, Ma'am? So many farcical possibilities immediately present themselves, that I'll leave it at that.

How many left-wing Toronto socialites (or EU pharmaceuticals, apparently) does it take to change a lightbulb? One - she holds the lightbulb, and the world revolves around her. Spare me!


Posted by Jim at December 2, 2006 07:13 AM

That is what I expected you thought Alex, thanks for the clarification. Any increase in EU power is a bad thing full stop.


Posted by Andrew Ian Dodge at December 2, 2006 11:56 AM

I often wonder about the strange European fascination with centralized power. Is there any problem that they don't think would best be solved by creating giant centralized institutions insulated from the influence of the people?

I think part of the problem is that many people simply haven't figured out that times and technology have changed and that we don't need the same organizational structures that we did in the past. Before networked computers, gathering, processing and sharing information required deeply hierarchal organizations. Now, however, peer-to-peer sharing is easy.

Instead of an old fashioned hierarchal organization, Europe could solve the problem of international crime by simply creating a standardized database system that every EU country could link into. They could share information back and forth without having an over arching authority. Combine that with a method of international warrants and extradition (like those used between US states) and you would have effective enforcement system that with built in firewalls against the widespread abuse of power. Most US states currently have such information sharing agreements with other states without involving the Federal government.

It time for people to wake and realize that this is not 1950.


Posted by Shannon Love at December 2, 2006 03:15 PM
Instead of an old fashioned hierarchal organization, Europe could solve the problem of international crime by simply creating a standardized database system that every EU country could link into.

And what is a cop in one country supposed to do with that information? Will Danish police be required to arrest people wanted in France for conduct that's perfectly legal in Denmark?

Combine that with a method of international warrants and extradition (like those used between US states) and you would have effective enforcement system that with built in firewalls against the widespread abuse of power. Most US states currently have such information sharing agreements with other states without involving the Federal government.

One possible complication is that, in the US, the rules of criminal procedure (and indeed the substantive crimes) don't vary a whole lot from one state to another. That's why Nevada can generally extradite people wanted on warrants issued in California: whatever the rules are in the individual states, they have to meet some basic standard of not being offensive to the Federal constitution. I don't know what universal standard the entire EU could meet, but I can just imagine that it would be pretty minimal. At least we have the advantage of all fifty states having two centuries of our Constitution, and several more of English Common Law. An EU system would be like trying to integrate Canada (done on a limited basis) and Mexico (BWAHAHAHA!) into our system.

For example, take our use-of-force laws as governing peace officers. There are minor variations, but for the most part I could take my Colorado training and make use-of-force decisions in Hawaii or Massachusetts and be on firm legal ground. On the other hand, I can only imagine German police making shoot-don't shoot decisions in the UK. To say nothing of the complexities of when a warrantless search is appropriate, or the standards for issuing a warrant, or which officials are even allowed to issue them. Here they need to be judges (or magistrates in limited cases), but ISTR that there are a few places where police supervisors can order searches that would require a judge here.

The information-sharing agreements, if you mean the traffic offenders' compacts, do have some Federal involvement, and the interstate criminal information database is maintained by the FBI.

Even if participation is voluntary, I don't see it remaining that way for long.


Posted by Sunfish at December 2, 2006 06:37 PM

"I'd LOVE to see a trans-world police force with a mandate to do something about the numerous vest-pocket dictators that seem to consider it their right to beggar their citizens and bomb their neighbours for fun and profit"

Oh no, you're not going to trap us again. Leave that stuff to the United Nations.

[signed]

America


Posted by Kim du Toit at December 2, 2006 06:51 PM

If Europe has it so together, why aren't Europeans clamoring for American troops out of Germany and the UK? (Why troops out of Iraq first?)

Is the EU ready to defend herself individually or severally?


Posted by kentuckyliz at December 2, 2006 07:54 PM

Nationalism, and not trusting other Europeans? Duh! Wot, trust the frogs and the wops and the krauts?


Posted by kentuckyliz at December 2, 2006 07:57 PM

Instead of an old fashioned hierarchal organization, Europe could solve the problem of international crime by simply creating a standardized database system that every EU country could link into.

Where are the jobs in that?


Posted by John K at December 3, 2006 11:33 AM

Oh no, you're not going to trap us again. Leave that stuff to the United Nations.

[signed]

America

How DARE you question our historical mandate to fight to the last American??? {Warning - tongue-in-cheek sardonicism ;))


Posted by Jim at December 3, 2006 01:10 PM

Jim,

Your tongue in cheek (I hope you're right about that) remark reminds me of what I call "Kennedy/Kerry economics"

Paraphrased -

"You there. Voter. I care about your plight. I really do. I want to help you. In fact, I care so much about your plight that I am going to spare no expense. I will help you with every last penny that ... er ... that guy over there has."


And BTW, Jim,

- just PLEASE don't debate gun control! Please? Thank you very much! Jim+

Then you may want to avoid this thread. It is (still) talking about gun control. :)


Posted by Midwesterner at December 3, 2006 05:46 PM

I am reminded of a fabulous article in Oxford Today on this very topic. My reading is that Alex is correct that the EU is not the answer - if such a sclerotic organisation ever could be - but only because it ISN'T BIG ENOUGH...


Posted by Cleanthes at December 4, 2006 06:01 PM

As a co-author of one of the chapters in this book, I am embarassed that it sits side-by-side with Mike Tremblay's pro-precautionary nonsense. Had I been asked to review his chapter, I would have recommended major revisions -- and the total excision of references to the 'precautionary principle'.


Posted by Julian Morris at December 4, 2006 06:02 PM
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