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To summarise the first two aspects mentioned above, snus is a product that is in itself harmful to the health of the user, but less harmful by far than cigarettes.

This brings me to the third aspect. To determine whether the prohibition on snus is an appropriate contribution to public health it is crucial to look in greater detail at the relationship between the use of snus and cigarette smoking.

One could argue that snus serves mainly as a substitute for smoking. Since giving up smoking is not easy, as many people know from personal experience, addicts can be encouraged if the market provides an attractive alternative.

In that respect the presence of nicotine in snus might even be advantageous to public health.

It is to that effect that the claimants argue. They provided the Court with figures showing that Sweden, where the use of snus is widespread amongst males, has internationally low rates of tobacco-related illnesses among men.

They also point out that the percentage of smokers in Sweden is extremely low compared with other MemberStates and claim that there is a direct link with the Swedish habit of using snus.

However, the validity of this last claim is questionable since, as the Finnish Government points out, smoking figures in Finland are comparatively low, although the use of snus or a similar alternative is not widespread.

The opposite reasoning is based on the premiss that the substitution effect does not play a substantial role.

In this view, snus lowers the threshold to tobacco use. As the Commission contends in its written observations, snus should be regarded as a stepping-stone to smoking tobacco products.

Both points of view have been defended before the Court in the present cases. The claimants in both cases, as well as the Swedish Government, defend the first point of view, whilst the other intervening Governments and the Community institutions defend the second.

In my view both points of view can be defended at the same time. They are not mutually exclusive.

Snus can be regarded as a substitute for smoking in so far as it helps people to give up smoking, but at the same time it attracts young people who do not yet smoke and do not intend to start smoking.

Moreover, both points of view are supported by the fact that snus is marketed as an attractive product to young consumers, contrary to traditional chewing tobacco.

It is not easy to determine which is the predominant effect. Some indications can be drawn from the experience in Sweden, but they are not unequivocal, as has been shown by the figures on cigarette smoking in Sweden and Finland.

The actions of the European Community and the MemberStates are meant to complement each other. The emphasis of tobacco policy is of course on smoking, not smokeless tobacco.

Tobacco policy is mainly an anti-smoking policy. The measures taken against smoking have become more and more restrictive as the years have gone by.

This tendency is due to increased knowledge of the harmful effects of smoking, but also to changing attitudes in society towards smoking and smokers.

The first pillar comprises measures designed to discourage smoking as much as possible, with particular emphasis on young people, whilst the second concerns measures to limit as much as possible the deleterious effects which smoking can have.

As we know, packets of tobacco products must carry serious warnings. The scope of the Community policy on smoking has limits since it is subject to the principles of subsidiarity and proportionality and the conditions laid down by the Court in the Tobacco advertising case.

It is important to note that the Community as well as the MemberStates are steadily strengthening the measures on the use of tobacco products.

As the Commission stated, this measure might well be justified by the dangers represented by smoking but would not be feasible on practical grounds and for fiscal and political reasons.

I would modify that statement: a total ban on tobacco products would not yet be feasible. However, given the evolving attitudes in society towards smoking and smokers, this might change over the coming years.

The alleged practical grounds are clear. A total ban on tobacco products would lead to unreasonable compliance costs, but would also not have the effect of stopping people smoking.

An illegal market would appear. In the context of the present cases, I consider the second set of arguments the fiscal and political reasons to be more interesting.

As we know, Government policy towards tobacco has, to a certain extent, always been ambiguous. The excises on tobacco products are a source of public revenue; the manufacture and distribution of tobacco products is a source of employment.

Of course, these arguments play a far less important role when it comes to products of small economic importance. Under those circumstances, the legislature does not have to consider the high economic costs of a far-reaching policy option such as a total ban on the products.

It can abstain from a difficult cost-benefit analysis and can restrict itself to an assessment of the health effects of the intended measure, of course within the boundaries of the principle of proportionality.

Essentially it follows from this reasoning that two requirements apply. Obstacles or at least seriously imminent obstacles to free movement must exist and the Community measure must contribute to the elimination of these obstacles.

The measures must be justified by imperative requirements in the general interest and must be suitable for securing the attainment of the objective which they pursue.

In the present cases it is beyond doubt that the first requirement is met, since it is evident that a serious risk of multifarious development of national laws exists.

If the ban had been lifted at Community level when the Directive was adopted, Member States themselves might have prohibited snus autonomously, but there would have been no guarantee that the Member States would have used their autonomous competences in a coordinated way.

I will discuss:. It has been rare for the Community legislature to impose a total prohibition on the marketing of certain products.

In its written and oral observations, the French Government puts forward three examples. It does not generally prohibit the marketing of certain types of cosmetic products, for instance those that are intended to be applied in a certain manner.

Nevertheless, the directive provides for the adaptation of the requirements following technical progress. A consequence of this adaptation might be that products have to be withdrawn from the market.

This marketing authorisation can only be issued following a product assessment, concerning different aspects of the products.

The directives cited by the French Government concern inter alia the substance of the products. They can lead to the prohibition of the marketing of certain products, if they contain illicit substances.

They prevent the lawful marketing of categories of products if certain conditions are fulfilled. It is not of any importance whether the ultimate goal of a measure is to facilitate trade; what matters is whether a measure is appropriate to facilitate trade.

The predominant policy goal can very well be the protection of public health. The Court thus provides us with some key elements of this functional competence: 1 the object must be the improvement of the conditions for the establishment and functioning of the internal market, 2 the provisions must contribute to the elimination of obstacles, 3 distortions of competition must be removed and 4 the provisions must facilitate trade.

It is essential to the functioning of this market that the conditions for the marketing of products are equal in the different Member States.

Only if this equality is achieved can internal frontiers be removed. That is the fundamental reason for the competence of the Community legislature to harmonise diverging legislation of the Member States.

However, the responsibility of the Community legislature goes even further. It not only has to create the conditions for an internal market of products, but also has to guarantee that the products that appear on this market do not harm other public interests such as health, safety, environmental protection and consumer protection.

If one or more Member States prohibit the marketing of certain products for reasons of public health whilst other Member States allow the sale of those products, internal frontiers come into being and the functioning of the internal market is affected.

Intervention by the Community legislature, aiming to harmonise the divergent national legislation, can lead to the removal of obstacles at the internal frontiers of the Community.

Given the divergence of national legislation, it is within the discretion of the Community legislature to decide whether to provide for restrictions on the composition of certain products or for legislation totally banning the marketing of those products.

Of course one can object that a prohibition on selling a product cannot itself improve the conditions for the marketing of that product.

In fact, the product is excluded from the market. As the claimants stated in their written observations, it is questionable whether a total ban of this kind could ever contribute to the establishment and functioning of the internal market.

Such a ban can hardly be regarded as the removal of barriers to the marketing of these products, since it makes the existence of a market impossible.

In other words, it prevents a lawful market from coming into being and, by so doing, establishes a barrier to trade. Although Community measures must improve the conditions for the establishment and functioning of the internal market and must facilitate trade, this does not imply that they have to do so in respect of every individual product.

The Community legislature may prohibit the marketing of a product, as I stated above. In those circumstances such products cannot lawfully appear on the market within the territory of the European Community This diminishes enforcement costs and can even diminish the costs of the enforcement of regulations on related products.

In short, if snus is not on the market of the European Union, the effort to control the marketing of other smokeless tobacco products can be reduced.

In summary, it is the primary goal of the internal market provisions of the EC Treaty that one single market appear, that is not fragmented by divergent national rules.

This goal does not have as a consequence that all possible products can be sold on that market, even if they harm the health of users.

The ban only concerns tobacco products if they are intended to be used in a certain manner. Its scope does not differ substantially from that of a ban on products with a certain composition.

It is not necessary to develop the arguments put forward in the preceding paragraph. The Community legislature has a broad discretion.

However this discretion is not unlimited. In this section I will assess the limits on the Community legislature when it exercises this competence.

Secondly, the proportionality principle must be observed. It has to be determined whether the measure is appropriate to protect public health and whether the same result could not be reached by using less restrictive measures.

Thirdly, the Community legislature has to respect other principles of law that have been developed by the case-law of the Court or are mentioned in the Treaty, such as the principles that due care must be taken and legitimate expectations taken into account, and the duty to give reasons.

As I stated in the introduction of this Opinion, I will not go into these principles of law, make an exception for the duty to give reasons see below.

The present cases are particular. It is beyond any doubt that the Community legislature, by banning snus, envisages a high level of health protection.

However, it is uncertain whether the measure is appropriate to achieve this policy goal and it is even conceivable that the policy goal would have been better served if the Community legislature had allowed the marketing of snus.

The documents before the Court justify the assertion that the use of snus can cause oral cancer. Nevertheless this assertion alone does not justify the prohibition of snus.

My second assertion is that the harmful effects of using snus are far less than the dangers caused by smoking. In the course of these proceedings before the Court a great deal of attention has been paid to the scientific evidence underlying the ban on snus.

Firstly, interesting legal arguments have been put forward by the claimants and the Swedish Government about the relevance of new scientific evidence.

They state that the Community legislature is obliged to take into account scientific developments.

The principle of proportionality involves a duty to review over time whether or not a measure has become disproportionate.

On the one hand, I agree with the claimants in so far as they state that legislation has to be reviewed when new scientific data raise doubts as to the benefits of that legislation.

Continuous review is an obligation for every legislature. This obligation becomes even more important when a specific measure is included in a Community regulation or directive which is being amended because of new developments in the relevant area.

In short, in the event of a fundamental amendment to the legislation on the use of tobacco products, all the measures related to the different tobacco products have to be reconsidered.

On the other hand, I do not agree that in the present case a review would necessarily have led to an amendment to the Community legislation on snus.

As a result of these studies unanimous scientific evidence on the health risks is not needed.

Serious indications are sufficient. The question to be answered is whether in these circumstances the ban on snus can be regarded as an effective measure to protect public health.

It is precisely for this reason that I take into consideration the precautionary principle and the principle that preventive action should be taken.

As I emphasised above, the effectiveness of the ban on snus as a measure to protect public health is uncertain. I will discuss whether in such circumstances the Community legislature is obliged to abstain from action or whether it can base its action on the precautionary principle.

But the principle applies to much more than protecting the environment. According to the Commission, the precautionary principle comes into play only when a potential risk has been identified, it has been scientifically studied, and the results of scientific inquiries are mixed or inconclusive.

The precautionary principle mainly confers on the Community legislature broader, but not unlimited, discretion. When the legislature intends to use this extended discretion it is subject to a heavy burden of proof to make sure that the alleged risk is not merely hypothetical.

The Court has had several opportunities to review the application of the precautionary principle in cases concerning health issues and the free movement of goods.

A proper application of the precautionary principle presupposes in the first place the identification of the potentially negative consequences for health of a specific situation and in the second place a comprehensive assessment of the risk to health based on the most reliable scientific data available and the most recent results of international research.

Measures can be taken when the desired level of protection for the environment or health is jeopardised.

In general the precautionary principle plays a role if government wants to regulate risk. The Declaration of Rio de Janeiro in the framework of the World Summit on Sustainable Development stated that the principle applies where there are threats of serious or irreversible damage but where there is scientific uncertainty over those threats.

The fact that there is no evidence of harm should not be equated with no harm. It is uncertain whether the competence under the precautionary principle to regulate risk can be used in order to ban all risk.

It is in my view beyond doubt that the Community legislature can base its action on the precautionary principle if three cumulative conditions are fulfilled.

There must be scientific uncertainty about the risk, the risk must be analysed and proved to be realistic and the risk must have substantial consequences for the public interest.

When it comes to the substance of a measure, a measure relying on the precautionary principle may not go as far as banning all risk.

This brings me to the present cases. The claimants state that the precautionary principle does not apply. Moreover the precautionary principle would only be relevant in cases where scientific uncertainty exists about the effect of certain substances or behaviour.

It is invoked where an analysis of all the available scientific data has been carried out, but uncertainty still remains.

The claimants deny the existence of any uncertainty about the health risks of snus. They emphasise that snus is not a new product, but a product that has traditionally been marketed in some Nordic countries.

So, the health risks are known. I agree with these remarks by the claimants: the precautionary principle is not relevant in relation to the effects of snus itself, a traditional product in some Nordic countries.

Although the scientific reports presented to the Court are not unanimous in their evaluation of the risks of using snus, as might be clear from my earlier remarks, there is no scientific uncertainty in the sense mentioned above.

The Court can accordingly base its assessment on the assumption that the use of snus can provoke oral cancer. Here we come to the impact of the observations made above: the uncertainty of the effectiveness of the ban, whether the prohibition on marketing snus will stop smokers giving up smoking or dissuade young non-smokers from starting to use tobacco.

In my opinion the precautionary principle cannot be applied in these circumstances:. This is not a risk of a scientific nature that justifies the application of the precautionary principle.

The source of the uncertainty has nothing to do with the precautionary principle. I would mention the substitution effect.

For instance, in the case-law on BSE the Court does not attribute a separate role to the principle that preventive action should be taken.

In my opinion the principle plays a major role in the present cases. It can act in a preventive manner. Moreover, let us consider the situation if the Community had not been allowed to act preventively.

Snus would have appeared on the market and people would have started using it. After some years it might have become clear that snus was frequently used by young people who had not smoked before and for whom the threshold to smoking had disappeared or diminished.

It would have been the responsibility of the Community legislature to get rid of a product that had become attractive and addictive to consumers.

It is questionable whether such a measure would have been as effective as a ban on a product that had not yet found its way to consumers.

I would mention the risk of an emerging illegal market. In short, preventive action is needed because allowing snus onto the market could have irreversible effects.

If governments allowed the marketing and promotion of snus for a certain period, an effective ban on snus would no longer be feasible.

I would refer to the extensive considerations of the Court. I mention here the crucial elements, specifically related to this case:.

It follows from these considerations of the Court that a Community provision on the use of tobacco, aiming to protect public health, will not easily be annulled because it does not comply with the principle of proportionality.

As we know, the principle of proportionality is not to be confused with a comparative assessment of the protection of public health and the commercial interests of private companies.

The ban on snus complies with the proportionality principle if:. At the end of this section I will address an issue raised by the claimants, namely whether the measure imposes a disproportionate financial burden on specific undertakings.

Appropriateness: the competence to regulate when the benefits are uncertain. The uncertainty about the benefits of the ban to public health can be compared with the uncertainty that was dealt with by the Community legislature when opting for a ban on preventive vaccination in the fight against foot-and-mouth disease.

The Court, in so holding, distinguishes three criteria. The legislature has a wide discretionary power; it must carry out a global assessment of the advantages and drawbacks of a planned system, but only in the case of a manifestly incorrect assessment may a Community measure be annulled.

If we transpose these criteria to the present cases, it is obvious that the ban on snus must be considered to be appropriate.

I would refer to my remarks on the principle that preventive action should be taken to show that the assessment by the Community legislature was not manifestly incorrect.

Allowing snus onto the Community market would have irreversible effects. The precautionary principle is not relevant.

The effectiveness of less restrictive measures. The claimants have outlined a set of measures of a less restrictive nature.

They refer to the imposition of technical standards, such as those in Canada or those based on the principles used by Swedish Match itself.

Since the objective of the Community legislature is to prevent the introduction of new products onto the market, it is evident that this goal cannot be reached by measures less restrictive than a total ban.

I would emphasise that technical standards can limit the harmful effects of the use of certain products, but do not eliminate those effects completely unless all the dangerous substances have to be removed from the product, including the nicotine which makes the product attractive to the user.

The other alternatives mentioned above do not have the same effect as a ban. Since snus is considered to be an attractive product to young people, its mere availability on the market can incite them to use it.

The disproportionate charge on specific undertakings. My last point concerns the disproportionality of the charge on the manufacturers and sellers of snus.

This point has been raised by the claimants in the present cases. I can be brief on these points. Snus is not yet placed on the Community market except in Sweden and the producers of snus could not have had the legitimate expectation that they would be allowed to manufacture and sell snus on the Community market.

The ban on snus was already imposed under the Directive before the accession of Sweden to the European Union.

The principle of equal treatment is presented in these cases as a principle that should not be confused with that of proportionality, although in the circumstances the effect of their application is fairly similar.

At the federal level, Scientology lost a complaint against continued surveillance by the BfV in November The federal court based its opinion on its judgment that the aims of Scientology, as outlined by L.

Ron Hubbard in his writings, were incompatible with the German constitution. In Saarland , surveillance was stopped by a court as inappropriate in , because there is no local branch of Scientology and few members.

There is at least one example of surveillance of Scientology by the German intelligence services outside of Germany.

In , the Swiss government detained an agent of the German government, charging him with "carrying out illegal business for a foreign state, working for a political information service and falsifying identity documents".

A "sect filter", also known as a "protective declaration" Schutzerklärung , is a document that requires prospective business partners or employees to acknowledge any association with a sect or new religious movement before entering a business or employment contract.

Due to concerns about possible government infiltration by Scientologists, applicants for civil service positions in Bavaria are required to declare whether or not they are Scientologists, and a similar policy has been instituted in Hesse.

Ron Hubbard will not be used in executing the contract". The city-state of Hamburg set up a full-time office dedicated to opposing Scientology, the Scientology Task Force for the Hamburg Interior Authority , under the leadership of Ursula Caberta.

Ron Hubbard and had participated in a course run by a Scientologist management and communication consultancy firm. In , the Bavarian Administrative Court ruled that a woman working in a children's daycare centre, whose employment had been terminated when her ex-husband identified her as a Scientologist, should be reinstated.

According to Erin Prophet in Handbook of Scientology some German companies have specifically asked applicants if they are Scientologist, and denied employment to those who are affiliated with the Church.

In March , it was reported that German authorities were increasing their efforts to monitor Scientology in response to the opening of a new Scientology headquarters in Berlin.

The move was criticized by German politicians from all sides of the political spectrum, with legal experts and intelligence agencies expressing concern that an attempt to ban the organization would likely fail in the courts.

In November , the government abandoned its attempts to ban Scientology, after finding insufficient evidence of illegal or unconstitutional activity.

But they put very little of this into practice. The appraisal of the Government at the moment is that [Scientology] is a lousy organization, but it is not an organization that we have to take a hammer to.

In February , the Berlin Administrative Court ruled that a poster placed by local city authorities on an advertising column next to a bus stop in front of the Berlin Scientology headquarters, warning passers-by of the potential dangers Scientology activities posed to democracy and individual freedom, should be removed.

The United States media, while generally reporting negatively on Scientology in domestic news, has taken an at least partially supportive stance towards Scientology in relation to Germany.

The U. Department of State has repeatedly claimed that Germany's actions constitute government and societal discrimination against minority religious groups and expressed its concerns over the violation of Scientologists' individual rights posed by sect filters.

Department of State began to include the issue of Scientology in Germany in its annual human rights reports after the agreement between the Church of Scientology and the U.

Internal Revenue Service , through which Scientology gained the status of a tax-exempt religion in the United States.

Also in January , an open letter to then-Chancellor Helmut Kohl appeared, published as a newspaper advertisement in the International Herald Tribune , drawing parallels between the "organized oppression" of Scientologists in Germany and Nazi policies espoused by Germany in the s.

Department of State spokesman Nicholas Burns rejected the Nazi comparisons in the open letter as "outrageous" and distanced the U.

This is intimidation, pure and simple. In February , a United States immigration court judge granted asylum to a German Scientologist who claimed she would be subject to religious persecution in her homeland.

President Bill Clinton at a conference in Philadelphia. In addition, there are indications that Scientology poses a threat to Germany's basic political principles.

A United Nations report in April raised concerns about the violation of individual rights posed by sect filters.

In , the German Stern magazine published the results of its investigation of the asylum case. In , Joachim Güntner, writing in the Swiss Neue Zürcher Zeitung , noted that Gerhard Besier , a German Christian theologian, director of the Hannah Arendt Institute for Research into Totalitarianism in Dresden and recipient of an honorary doctorate from Lund University , Sweden, for his championing of religious freedom, had been pressured to forego publication of his scientific study of Scientology after having found himself the subject of widespread criticism in the German media for advocating a more tolerant attitude towards Scientology.

Department of State's report on religious freedom in Germany, published in , stated that "The status of the Church of Scientology remains in limbo.

The Constitutional Court and various courts at the state level have not explicitly ruled that Scientology is a religion.

Government agencies at the federal and state level have rules and procedures that discriminate against Scientology as a group and against its members.

Although courts at the state and federal level condemned the improper use of so-called 'sect filters' to blacklist and boycott Scientologists, they remained in use in the public sector.

Several private organizations issued warnings about after-school study programs run by Scientologists. From Wikipedia, the free encyclopedia.

Main article: Scientology controversies. See also: Scientology status by country and Scientology as a business.

See also: Scientology and the legal system. See also: Scientology and celebrities. In Lewis, James R. Handbook of Scientology. Brill Handbooks on Contemporary Religion.

Department of State Sitzung der Ständigen Konferenz der Innenminister und -senatoren der Länder am 7. International Religious Freedom Report , archived from the original on 23 November , retrieved U.

Arenz, Röder and Dagmar v. Germany Church of Scientology of California v.

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Ryssarna hade bättre krigslycka. Riket styrdes av mindre lämpliga personer, bland andra Haugwitz , Lombard , Lucchesini och Bischoffswerder.

Redan 10 oktober stod förpoststriden vid Saalfeld , och 14 oktober levererades dubbelslaget vid Jena och Auerstedt. Gneisenau var för övrigt känd för att ha ett mycket djupt hat för Frankrike.

Nu följde den allmänna upplösningen. Efter dessa olyckor började kungen arbeta för att reformera Preussen. Viktiga personer i detta arbete var von Stein , von Hardenberg , Niebuhr , von Scharnhorst , von Gneisenau med flera.

Man försökte efterbilda de goda effekterna av den franska revolutionen i Preussen. Man avslutade seden att värva soldater utomlands och införde allmän värnplikt fullständigt dock först De stränga krigslagarna mildrades och soldaternas utrustning förbättrades.

Självstyre infördes i kommunerna Napoleon ogillade detta och tvingade Stein att lämna Preussen Men dennes verk fortsattes av Hardenberg och inte minst Theodor von Schön.

Samtidigt spirade nationalitetskänslan i Tyskland. Man ville slippa det franska förtrycket. Genom kriget hade statsskulden vuxit till miljoner thaler, men genom sparsamhet förbättrades riksfinanserna sedermera.

Efter freden fortsattes reformerna. Av utomordentlig betydelse för Preussens och Tysklands framtid var bildandet av Tullföreningen I denna ingick snart de flesta av Tysklands stater och den blev en förberedelse till Tysklands politiska enande under Preussens ledning.

Alla de nämnda reformerna var av administrativ natur, men den rent politiska reform, som en stor del av folket efterlängtade och som kungen själv utlovat och , nämligen införandet av ett konstitutionellt styrelsesätt , hördes ej av.

Fredrik Vilhelm III efterträddes av sin äldste son, Fredrik Vilhelm IV , som med glädje mottogs av de liberala, vilka hoppades att nu se sina önskningar uppfyllda.

Han utfärdade nämligen en allmän amnesti för dem som dömts för högförräderi och försoning ingicks med den katolska kyrkan. Likväl fordrade de liberala, än mera, införande av ett konstitutionellt statsskick.

Vid skingrandet av den utanför slottet samlade folkskaran kom det till blodiga gatustrider. Han utfärdade 21 mars en proklamation, vari talades om det tyska folkets och de tyske furstarnas förening under hans ledning; följande dag inkallades en konstituerande nationalförsamling, Preussiska nationalförsamlingen , som tillsammans med kungen skulle utarbeta ny författning för Preussen.

Nationalförsamlingen flyttades 9 november till staden Brandenburg och upplöstes 5 december. Genom denna författning, som gällde länge, blev Preussen en konstitutionell stat.

Samtidigt med dessa tilldragelser var tyska nationalförsamlingen i Frankfurt am Main sysselsatt med att omdana Tyska förbundet.

Vilhelm I styrde Preussen med regenttitel och suverän myndighet sedan 9 oktober Han inledde den nya eran med att avskeda partiministären Manteuffel och i stället utnämna en " gammalliberal " regering under furst Karl Anton av Hohenzollern-Sigmaringen , som mottogs med allmän välvilja av folket.

De nya valen gav emellertid de liberala en ännu större övervikt. Hohenlohe avgick och till förste minister utnämndes 8 oktober Otto von Bismarck-Schönhausen som kort förut, 24 september, inkallats i ministären.

Samma energi och hänsynslösa kraft utvecklades även i utrikespolitiken. Den förra staten ville ur Tyskland avlägsna Österrike, men hade därvid emot sig icke blott detta kejsarrike, utan även de tyska mellanstaterna, som fruktade Preussens härsklystnad och trodde sig bättre bevara sin självständighet genom att sluta sig till Österrike och använda detta som ett värn mot Preussen.

Kriget blev ett oavbrutet segerlopp för preussarna. Sachsen ockuperades och de preussiska trupperna inryckte sedermera i tre avdelningar i Böhmen under kronprinsen Fredrik Vilhelm , prins Fredrik Karl och general Herwarth von Bittenfeld.

Överbefälet hade kungen själv med Helmuth von Moltke som stabschef , österrikarna, vilkas operationer leddes av general Ludwig von Benedek , blev slagna i en mängd drabbningar vid Huhnerwasser och Liebenau , Podol , Münchengrätz , Gitschin , Nachod , Burgersdorf , Skalitz och Schweinschädel och drevs tillbaka samt koncentrerade sig vid Königgrätz Sadowa , där det avgörande slaget stod 3 juli.

Preussarna framryckte under nya segrar och stod snart utanför Wien. Konungariket Hannover, kurfurstendömet Hessen-Kassel , hertigdömet Nassau och den fria riksstaden Frankfurt am Main blev alldeles inkorporerade i Preussen.

Nu följde hastigt Tysklands omdaning. Alla stater norr om Mainfloden förenades med eget medgivande med Preussen till Nordtyska förbundet vars chef var kungen av Preussen och vars författning var ungefär densamma som det senare Tyska rikets.

Med staterna söder om Main ingicks off- och defensivallianser. Men detta krig bidrog blott att ytterligare höja Preussens och Tysklands makt, i det att även de sydtyska staterna förenade sig med Nordtyska förbundet.

Denna nya statsförening antog namnet Tyska riket. Preussens konung antog samtidigt titeln av tysk kejsare i Versailles , 18 januari Kejsar Fredriks son och efterträdare, Vilhelm II , visade sig i början starkt intresserad för sociala reformer.

De blev i huvudsak antagna i samband med ett under förhandlingarna i lantdagens utskott nytillkommet förslag om kanalisering av Saar , Mosel och Lahn.

Sedermera beviljades även anslag till vattenvägen Stettin-Berlin färdig Som en följd därav inträdde en liten men för de borgerliga partierna besvärlig socialdemokratisk grupp vid valen i preussiska lantdagen.

Trontalet i januari ställde en rösträttsreform i utsikt, men den uppsköts februari till efter kriget. Ministerpresident blev Paul Hirsch.

Denna utfärdade en provisorisk författning. När arbetet med författningen var avklarat hölls allmänna val i februari Denna fristat regerades under största delen av talet av en koalition av socialdemokraterna och den katolska centern.

Preussens demokratiska författning upphävdes när den konservative rikskanslern Fritz von Papen gjorde en kupp.

Nazityskland upphävde alla tyska delstaters autonomi Juridiskt sett fanns Preussen kvar ända till krigsslutet men i praktiken övertogs all administration av de administrativa indelningar, Gaue , som nazistpartiet införde.

Sovjetunionen behöll självt den norra delen av Ostpreussen med staden Königsberg som i samband med detta bytte namn till Kaliningrad.

Förvisningarna och nationaliseringen av jorden som den östtyska kommunistregimen genomförde innebar slutet för Preussen. Formellt sett avskaffades Preussen av de fyra ockupationsmakterna I den sovjetiska ockupationszonen upprättades delstaterna Brandenburg och Sachsen-Anhalt av de forna preussiska territorierna.

Det kungliga huset Hohenzollern tillhörde den evangeliska läran. Dock fortsatte rikskanslern att bära titeln preussisk utrikesminister.

De verkligen förefintliga ministerierna var:. Lantdagen hade beskattningsrätt och kontroll över statsregleringen. Medlemmarna kunde inte ställas till ansvar för sina yttranden i kammaren utom av den kammare, där de var ledamöter.

De ärftliga medlemmarna var 98, de utan förslag utsedde 46 och de efter förslag utsedde Valbarheten var inte bunden vid valkretsen.

Valet skedde genom öppen omröstning. Sessionerna var i regel offentliga. Riddarhuset var beslutmässigt, när 60 medlemmar var närvarande, deputeradekammaren, när över hälften var närvarande.

Utrikesärendena sammanföll i själva verket med Tyska rikets. Vidare hade tull-, post- och telegrafväsendet överflyttats till Tyska riket.

The emphasis of tobacco policy is of course on smoking, not smokeless tobacco. Tobacco policy is mainly an anti-smoking policy. The measures taken against smoking have become more and more restrictive as the years have gone by.

This tendency is due to increased knowledge of the harmful effects of smoking, but also to changing attitudes in society towards smoking and smokers.

The first pillar comprises measures designed to discourage smoking as much as possible, with particular emphasis on young people, whilst the second concerns measures to limit as much as possible the deleterious effects which smoking can have.

As we know, packets of tobacco products must carry serious warnings. The scope of the Community policy on smoking has limits since it is subject to the principles of subsidiarity and proportionality and the conditions laid down by the Court in the Tobacco advertising case.

It is important to note that the Community as well as the MemberStates are steadily strengthening the measures on the use of tobacco products.

As the Commission stated, this measure might well be justified by the dangers represented by smoking but would not be feasible on practical grounds and for fiscal and political reasons.

I would modify that statement: a total ban on tobacco products would not yet be feasible. However, given the evolving attitudes in society towards smoking and smokers, this might change over the coming years.

The alleged practical grounds are clear. A total ban on tobacco products would lead to unreasonable compliance costs, but would also not have the effect of stopping people smoking.

An illegal market would appear. In the context of the present cases, I consider the second set of arguments the fiscal and political reasons to be more interesting.

As we know, Government policy towards tobacco has, to a certain extent, always been ambiguous. The excises on tobacco products are a source of public revenue; the manufacture and distribution of tobacco products is a source of employment.

Of course, these arguments play a far less important role when it comes to products of small economic importance.

Under those circumstances, the legislature does not have to consider the high economic costs of a far-reaching policy option such as a total ban on the products.

It can abstain from a difficult cost-benefit analysis and can restrict itself to an assessment of the health effects of the intended measure, of course within the boundaries of the principle of proportionality.

Essentially it follows from this reasoning that two requirements apply. Obstacles or at least seriously imminent obstacles to free movement must exist and the Community measure must contribute to the elimination of these obstacles.

The measures must be justified by imperative requirements in the general interest and must be suitable for securing the attainment of the objective which they pursue.

In the present cases it is beyond doubt that the first requirement is met, since it is evident that a serious risk of multifarious development of national laws exists.

If the ban had been lifted at Community level when the Directive was adopted, Member States themselves might have prohibited snus autonomously, but there would have been no guarantee that the Member States would have used their autonomous competences in a coordinated way.

I will discuss:. It has been rare for the Community legislature to impose a total prohibition on the marketing of certain products.

In its written and oral observations, the French Government puts forward three examples. It does not generally prohibit the marketing of certain types of cosmetic products, for instance those that are intended to be applied in a certain manner.

Nevertheless, the directive provides for the adaptation of the requirements following technical progress. A consequence of this adaptation might be that products have to be withdrawn from the market.

This marketing authorisation can only be issued following a product assessment, concerning different aspects of the products.

The directives cited by the French Government concern inter alia the substance of the products. They can lead to the prohibition of the marketing of certain products, if they contain illicit substances.

They prevent the lawful marketing of categories of products if certain conditions are fulfilled. It is not of any importance whether the ultimate goal of a measure is to facilitate trade; what matters is whether a measure is appropriate to facilitate trade.

The predominant policy goal can very well be the protection of public health. The Court thus provides us with some key elements of this functional competence: 1 the object must be the improvement of the conditions for the establishment and functioning of the internal market, 2 the provisions must contribute to the elimination of obstacles, 3 distortions of competition must be removed and 4 the provisions must facilitate trade.

It is essential to the functioning of this market that the conditions for the marketing of products are equal in the different Member States.

Only if this equality is achieved can internal frontiers be removed. That is the fundamental reason for the competence of the Community legislature to harmonise diverging legislation of the Member States.

However, the responsibility of the Community legislature goes even further. It not only has to create the conditions for an internal market of products, but also has to guarantee that the products that appear on this market do not harm other public interests such as health, safety, environmental protection and consumer protection.

If one or more Member States prohibit the marketing of certain products for reasons of public health whilst other Member States allow the sale of those products, internal frontiers come into being and the functioning of the internal market is affected.

Intervention by the Community legislature, aiming to harmonise the divergent national legislation, can lead to the removal of obstacles at the internal frontiers of the Community.

Given the divergence of national legislation, it is within the discretion of the Community legislature to decide whether to provide for restrictions on the composition of certain products or for legislation totally banning the marketing of those products.

Of course one can object that a prohibition on selling a product cannot itself improve the conditions for the marketing of that product.

In fact, the product is excluded from the market. As the claimants stated in their written observations, it is questionable whether a total ban of this kind could ever contribute to the establishment and functioning of the internal market.

Such a ban can hardly be regarded as the removal of barriers to the marketing of these products, since it makes the existence of a market impossible.

In other words, it prevents a lawful market from coming into being and, by so doing, establishes a barrier to trade.

Although Community measures must improve the conditions for the establishment and functioning of the internal market and must facilitate trade, this does not imply that they have to do so in respect of every individual product.

The Community legislature may prohibit the marketing of a product, as I stated above. In those circumstances such products cannot lawfully appear on the market within the territory of the European Community This diminishes enforcement costs and can even diminish the costs of the enforcement of regulations on related products.

In short, if snus is not on the market of the European Union, the effort to control the marketing of other smokeless tobacco products can be reduced.

In summary, it is the primary goal of the internal market provisions of the EC Treaty that one single market appear, that is not fragmented by divergent national rules.

This goal does not have as a consequence that all possible products can be sold on that market, even if they harm the health of users.

The ban only concerns tobacco products if they are intended to be used in a certain manner. Its scope does not differ substantially from that of a ban on products with a certain composition.

It is not necessary to develop the arguments put forward in the preceding paragraph. The Community legislature has a broad discretion.

However this discretion is not unlimited. In this section I will assess the limits on the Community legislature when it exercises this competence.

Secondly, the proportionality principle must be observed. It has to be determined whether the measure is appropriate to protect public health and whether the same result could not be reached by using less restrictive measures.

Thirdly, the Community legislature has to respect other principles of law that have been developed by the case-law of the Court or are mentioned in the Treaty, such as the principles that due care must be taken and legitimate expectations taken into account, and the duty to give reasons.

As I stated in the introduction of this Opinion, I will not go into these principles of law, make an exception for the duty to give reasons see below.

The present cases are particular. It is beyond any doubt that the Community legislature, by banning snus, envisages a high level of health protection.

However, it is uncertain whether the measure is appropriate to achieve this policy goal and it is even conceivable that the policy goal would have been better served if the Community legislature had allowed the marketing of snus.

The documents before the Court justify the assertion that the use of snus can cause oral cancer. Nevertheless this assertion alone does not justify the prohibition of snus.

My second assertion is that the harmful effects of using snus are far less than the dangers caused by smoking.

In the course of these proceedings before the Court a great deal of attention has been paid to the scientific evidence underlying the ban on snus.

Firstly, interesting legal arguments have been put forward by the claimants and the Swedish Government about the relevance of new scientific evidence.

They state that the Community legislature is obliged to take into account scientific developments. The principle of proportionality involves a duty to review over time whether or not a measure has become disproportionate.

On the one hand, I agree with the claimants in so far as they state that legislation has to be reviewed when new scientific data raise doubts as to the benefits of that legislation.

Continuous review is an obligation for every legislature. This obligation becomes even more important when a specific measure is included in a Community regulation or directive which is being amended because of new developments in the relevant area.

In short, in the event of a fundamental amendment to the legislation on the use of tobacco products, all the measures related to the different tobacco products have to be reconsidered.

On the other hand, I do not agree that in the present case a review would necessarily have led to an amendment to the Community legislation on snus.

As a result of these studies unanimous scientific evidence on the health risks is not needed. Serious indications are sufficient.

The question to be answered is whether in these circumstances the ban on snus can be regarded as an effective measure to protect public health.

It is precisely for this reason that I take into consideration the precautionary principle and the principle that preventive action should be taken.

As I emphasised above, the effectiveness of the ban on snus as a measure to protect public health is uncertain.

I will discuss whether in such circumstances the Community legislature is obliged to abstain from action or whether it can base its action on the precautionary principle.

But the principle applies to much more than protecting the environment. According to the Commission, the precautionary principle comes into play only when a potential risk has been identified, it has been scientifically studied, and the results of scientific inquiries are mixed or inconclusive.

The precautionary principle mainly confers on the Community legislature broader, but not unlimited, discretion. When the legislature intends to use this extended discretion it is subject to a heavy burden of proof to make sure that the alleged risk is not merely hypothetical.

The Court has had several opportunities to review the application of the precautionary principle in cases concerning health issues and the free movement of goods.

A proper application of the precautionary principle presupposes in the first place the identification of the potentially negative consequences for health of a specific situation and in the second place a comprehensive assessment of the risk to health based on the most reliable scientific data available and the most recent results of international research.

Measures can be taken when the desired level of protection for the environment or health is jeopardised. In general the precautionary principle plays a role if government wants to regulate risk.

The Declaration of Rio de Janeiro in the framework of the World Summit on Sustainable Development stated that the principle applies where there are threats of serious or irreversible damage but where there is scientific uncertainty over those threats.

The fact that there is no evidence of harm should not be equated with no harm. It is uncertain whether the competence under the precautionary principle to regulate risk can be used in order to ban all risk.

It is in my view beyond doubt that the Community legislature can base its action on the precautionary principle if three cumulative conditions are fulfilled.

There must be scientific uncertainty about the risk, the risk must be analysed and proved to be realistic and the risk must have substantial consequences for the public interest.

When it comes to the substance of a measure, a measure relying on the precautionary principle may not go as far as banning all risk.

This brings me to the present cases. The claimants state that the precautionary principle does not apply. Moreover the precautionary principle would only be relevant in cases where scientific uncertainty exists about the effect of certain substances or behaviour.

It is invoked where an analysis of all the available scientific data has been carried out, but uncertainty still remains.

The claimants deny the existence of any uncertainty about the health risks of snus. They emphasise that snus is not a new product, but a product that has traditionally been marketed in some Nordic countries.

So, the health risks are known. I agree with these remarks by the claimants: the precautionary principle is not relevant in relation to the effects of snus itself, a traditional product in some Nordic countries.

Although the scientific reports presented to the Court are not unanimous in their evaluation of the risks of using snus, as might be clear from my earlier remarks, there is no scientific uncertainty in the sense mentioned above.

The Court can accordingly base its assessment on the assumption that the use of snus can provoke oral cancer. Here we come to the impact of the observations made above: the uncertainty of the effectiveness of the ban, whether the prohibition on marketing snus will stop smokers giving up smoking or dissuade young non-smokers from starting to use tobacco.

In my opinion the precautionary principle cannot be applied in these circumstances:. This is not a risk of a scientific nature that justifies the application of the precautionary principle.

The source of the uncertainty has nothing to do with the precautionary principle. I would mention the substitution effect.

For instance, in the case-law on BSE the Court does not attribute a separate role to the principle that preventive action should be taken.

In my opinion the principle plays a major role in the present cases. It can act in a preventive manner.

Moreover, let us consider the situation if the Community had not been allowed to act preventively.

Snus would have appeared on the market and people would have started using it. After some years it might have become clear that snus was frequently used by young people who had not smoked before and for whom the threshold to smoking had disappeared or diminished.

It would have been the responsibility of the Community legislature to get rid of a product that had become attractive and addictive to consumers.

It is questionable whether such a measure would have been as effective as a ban on a product that had not yet found its way to consumers.

I would mention the risk of an emerging illegal market. In short, preventive action is needed because allowing snus onto the market could have irreversible effects.

If governments allowed the marketing and promotion of snus for a certain period, an effective ban on snus would no longer be feasible.

I would refer to the extensive considerations of the Court. I mention here the crucial elements, specifically related to this case:. It follows from these considerations of the Court that a Community provision on the use of tobacco, aiming to protect public health, will not easily be annulled because it does not comply with the principle of proportionality.

As we know, the principle of proportionality is not to be confused with a comparative assessment of the protection of public health and the commercial interests of private companies.

The ban on snus complies with the proportionality principle if:. At the end of this section I will address an issue raised by the claimants, namely whether the measure imposes a disproportionate financial burden on specific undertakings.

Appropriateness: the competence to regulate when the benefits are uncertain. The uncertainty about the benefits of the ban to public health can be compared with the uncertainty that was dealt with by the Community legislature when opting for a ban on preventive vaccination in the fight against foot-and-mouth disease.

The Court, in so holding, distinguishes three criteria. The legislature has a wide discretionary power; it must carry out a global assessment of the advantages and drawbacks of a planned system, but only in the case of a manifestly incorrect assessment may a Community measure be annulled.

If we transpose these criteria to the present cases, it is obvious that the ban on snus must be considered to be appropriate. I would refer to my remarks on the principle that preventive action should be taken to show that the assessment by the Community legislature was not manifestly incorrect.

Allowing snus onto the Community market would have irreversible effects. The precautionary principle is not relevant. The effectiveness of less restrictive measures.

The claimants have outlined a set of measures of a less restrictive nature. They refer to the imposition of technical standards, such as those in Canada or those based on the principles used by Swedish Match itself.

Since the objective of the Community legislature is to prevent the introduction of new products onto the market, it is evident that this goal cannot be reached by measures less restrictive than a total ban.

I would emphasise that technical standards can limit the harmful effects of the use of certain products, but do not eliminate those effects completely unless all the dangerous substances have to be removed from the product, including the nicotine which makes the product attractive to the user.

The other alternatives mentioned above do not have the same effect as a ban. Since snus is considered to be an attractive product to young people, its mere availability on the market can incite them to use it.

The disproportionate charge on specific undertakings. My last point concerns the disproportionality of the charge on the manufacturers and sellers of snus.

This point has been raised by the claimants in the present cases. I can be brief on these points. Snus is not yet placed on the Community market except in Sweden and the producers of snus could not have had the legitimate expectation that they would be allowed to manufacture and sell snus on the Community market.

The ban on snus was already imposed under the Directive before the accession of Sweden to the European Union.

The principle of equal treatment is presented in these cases as a principle that should not be confused with that of proportionality, although in the circumstances the effect of their application is fairly similar.

The ban on snus is regarded as disproportionate precisely because other equally or even more harmful products are tolerated on the market.

Nevertheless, the many observations made to the Court on this principle require a separate assessment. The principle of equal treatment mainly requires that comparable situations are not treated differently and that different situations are not treated in the same way unless such treatment is objectively justified.

One could argue that this principle constitutes an essential limit to the discretionary powers of the Community legislature, more specifically in relation to measures aiming to restrict or even ban the marketing of specific products.

If one pursues this argument even further it requires an assessment of the risks of marketing all other comparable products before adopting a Community measure.

The only limit imposed on the legislature in this respect is that it may not make arbitrary choices.

It has to give reasons why a specific product is the object of strict rules. Part of this reasoning could be a comparison with other products on the market.

This brings me to the two main objections put forward by the claimants, related to the principle of equal treatment.

The first objection is that equivalent products are not prohibited. At this point the claimants could be right. The difference between the two products is not evident, although there might a slight difference in substance as regards the levels of nitrosamines and nicotine.

But, this being said, the similarity of the products does not lead to a breach of the principle of equal treatment.

After all, the difference in treatment is not based on the effect on the individual user, but on the difference in potential user groups.

Whereas chewing tobacco is attractive mainly to well-defined socio-professional groups, snus is meant to be attractive to a broad range of users, as in Sweden.

In short, the difference in treatment is not justified by the inherent characteristics of the products themselves but by the persons who potentially use them.

The second objection concerns the fact that contrary to the explanation of the Community legislature the product is not new, but is a traditional product, at least in some Nordic countries.

The claimants use the word in relation to the product as such, whereas the others use it in relation to the relevant market.

I accept that when the Community legislature referred to new products in the preamble to the Directive it did not make any reference to the internal market.

Snus was not available to young people within the European Union. It was comparable to tobacco products frequently used in other continents, but not in Europe.

Only later, when the Kingdom of Sweden acceded to the Community, did this context change.

I agree with these remarks by the claimants: the precautionary principle is not relevant in relation to the Enchanted Garden Of of snus itself, a traditional product in some Nordic countries. These documents are supposed to act as the bases for the contrary viewpoints presented in this case. Internal Revenue Servicethrough which Scientology gained the status of a more info religion in the United States. The Court has continue reading several opportunities to review the application of the precautionary principle in cases concerning Circus Circus issues and the free movement of goods. The presence of these quantities of nicotine makes the product addictive. In the third place, who are the users? Since the objective of the Community legislature is to prevent the introduction of new products onto the market, it is evident that this goal click to see more be reached by measures less restrictive than a total ban. In my opinion the precautionary principle cannot be applied in these circumstances:. Also in Click at this pagean open letter to then-Chancellor Helmut Kohl appeared, published as a newspaper advertisement in the International Herald Tribunedrawing parallels between Beste Spielothek in Malzhausen finden "organized oppression" of Scientologists in Germany and Nazi policies espoused by Germany in the s.

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