bluuebunny/crossref_metadata_2025 huggingface dataset:
A Way Forward
Authors: Cotton Richard D. , Stevenson William B. , Bartunek Jean M.
Published: February 2017

Corruption recovery is a critical but understudied organizational change. We gained unique access to a company that experienced multiple corruption incidents in the months prior to our survey rollout that garnered 2,300+ respondents (71%) across 19 business units. We explored how employee perceptions of leaders’ enactment of a core set of values and of CEO and business unit leaders’ ethical leadership were associated with organizational commitment as these leaders implemented change following corruption. Results indicated that ethical leadership and values enactment were associated with increased organizational commitment. Group-level membership in units implicated in corruption was associated with reduced commitment while membership in business units with increased customer contact was associated with increased commitment. Shared employee perspectives of the ethical leadership of business unit leaders, but not the CEO, were also associated with higher commitment. We also discuss future research, limitations, and implications for management.
So far and yet so close: Emergent spirituality and the cultural influence of traditional religion among Italian youth
Authors: Palmisano Stefania , Pannofino Nicola
Published: February 2017

In sociological discussion the relationship between traditional religion and alternative spirituality has been variously defined on the basis of two main theoretical positions which perceive them as either mutually exclusive – according to the ‘spiritual but not religious’ formula – or as interdependent. This debate, mostly taking place in Northern Europe and the United States, does not take into account the specific characteristics of other geographical areas such as Southern Europe. The aim of this article is to fill this gap in empirical research by presenting data from a sample survey and interviews with young people in various Italian cities. A qualitative/quantitative analysis of the data shows, on one hand, that alternative spirituality is defined under the cultural influence of traditional religion, which is to say Catholicism functioning as an exemplary model of reference and, on the other hand, suggests broadening the focus of reflection to the religion-spirituality-secularism triad, interrelated fields competing to shape young Italians’ beliefs and practices.
Mobile Phones for Teaching and Learning
Authors: AlTameemy Farooq
Published: February 2017

Mobile phones have become so ubiquitous that they turned into an important part of our life. According to Parsons, mobile subscriptions exceed 6 billion subscriptions globally. Similarly, Ipsos and Verizon (as cited in Tan & El-Bendary) found out that adopting mobile phones with smart technologies has increased fast which also coincided with a more utilization of their Internet capabilities. With the abundance of knowledge the Internet provides, mobile phones become an invaluable pathway for that knowledge. The fact that these gadgets are well-liked by students make them one of the best tools to be adopted by educational institutions. This study will investigate the actual academic use of mobile phones among students and teachers, their attitudes toward using them as learning or teaching tools, and if there is a significant difference in attitudes of the participants toward using mobile as learning or teaching tools based on the job criteria (Student vs. Faculty Member).
Performance prediction and analysis of disk-type eddy-current drivers
Authors: Li Zhao , Wang Dazhi , Shi Tongyu , Bai Xue
Published: February 2017

For the disk-type eddy-current drivers, an accurate and simple performance prediction method is developed. The static field produced by the permanent magnets and induction field by eddy currents are calculated using magnetic equivalent circuit method, and Faraday’s and Ampere’s law, respectively. In this model, many factors, such as the saturation effect of ferromagnetic materials, working temperature and the electromagnetic effects of back iron are taken into consideration. Compared with other methods, the model has a good agreement with three-dimensional finite-element method, and the average error is 4.9%. Finally, a prototype and corresponding test platform are made. Test results show that the proposed method is effective, and the maximum error is less than 8%. Besides, it is confirmed that eddy-current drivers can tolerate shaft misalignment and be used as speeders.
When Wanting the Best Goes Right or Wrong
Authors: Hughes Jeffrey , Scholer Abigail A.
Published: February 2017

Researchers have often disagreed on how to define maximization, leading to conflicting conclusions about its potential benefits or drawbacks. Drawing from motivation research, we distinguish between the goals (i.e., wanting the best) and strategies (e.g., alternative search) associated with maximizing. Three studies illustrate how this differentiation offers insight into when maximizers do or do not experience affective costs when making decisions. In Study 1, we show that two motivational orientations, promotion focus and assessment mode, are both associated with the goal of wanting the best, yet assessment (not promotion) is related to the use of alternative search strategies. In Study 2, we demonstrate that alternative search strategies are associated with frustration on a discrete decision task. In Study 3, we provide evidence that one reason for this link may be due to reconsideration of previously dismissed options. We discuss the potential of this approach to integrate research in this area.
Political Equality in the American States
Authors: Flavin Patrick
Published: February 2017

This review essay illustrates the importance and utility of studying political equality among rich and poor citizens at the state level, reviews what is known in three key areas of political equality research in the states (unequal rates of political participation, unequal government responsiveness to citizens’ political opinions, and public policy and inequality), and suggests possible future avenues of inquiry. The ultimate aim is to organize and integrate existing knowledge about political equality in the American states and spur future investigations that will further extend understanding among researchers and practitioners of state politics.
Metabolic changes in normal-appearing white matter in patients with neuromyelitis optica and multiple sclerosis: a comparative magnetic resonance spectroscopy study
Authors: Duan Yunyun , Liu Zheng , Liu Yaou , Huang Jing , Ren Zhuoqiong , Sun Zheng , Chen Hai , Dong Huiqing , Ye Jing , Li Kuncheng
Published: February 2017

Background

Previous studies with a small sample size have not reported metabolic changes in neuromyelitis optica (NMO). Metabolic changes, such as decreased N-acetylaspartate (NAA), are well-established in patients with multiple sclerosis (MS). It remains unknown whether different patterns of metabolic changes occur in NMO and MS.

Purpose

To investigate the metabolic changes in normal-appearing white matter (NAWM) in NMO, compared with MS patients and healthy controls (HC), and correlate these changes with clinical disability.

Material and Methods

We recruited 27 patients with NMO, 24 patients with MS, and 24 HC. Each participant underwent chemical shift imaging with a 1H-MR spectroscopy operating in a 1.5 T magnetic resonance imaging (MRI) scanner. The absolute concentrations of NAA, choline (Cho), creatine (Cr) as well as the metabolite ratios of NAA/Cr, Cho/Cr, and NAA/Cho were measured and compared among the groups. The correlations between the metabolic concentrations, disease duration, and clinical disability (Expanded Disability Status Scale, EDSS) were further explored.

Results

Compared with HC, a mild increase of Cho without significant NAA changes was observed in NMO patients, while both a significant reduction of NAA and an increase of Cho were observed in MS patients. The absolute concentration of NAA and NAA/Cho ratio were significantly decreased in MS patients in a direct comparison with NMO patients. In MS patients, the EDSS was correlated with the NAA/Cr and Cho/Cr ratios.

Conclusion

A reduction of NAA was not observed in NMO, implying axonal or neuronal damage may be absent in NAWM for NMO, which is different from MS. A mild increase in Cho was observed in NAWM of NMO patients, suggesting that subtle metabolic changes occur in NMO.
Incidence and risk factors of postoperative sore throat after endotracheal intubation in Korean patients
Authors: Lee Jin Young , Sim Woo Seog , Kim Eun Sung , Lee Sangmin M , Kim Duk Kyung , Na Yu Ri , Park Dahye , Park Hue Jung
Published: February 2017

Objective

To investigate the incidence of postoperative sore throat (POST) in Korean patients undergoing general anaesthesia with endotracheal intubation and to assess potential risk factors.

Methods

This prospective study enrolled patients who underwent all types of elective surgical procedures with endotracheal intubation and general anaesthesia. The patients were categorized into group S (those with a POST) or group N (those without a POST). The demographic, clinical and anaesthetic characteristics of each group were compared.

Results

This study enrolled 207 patients and the overall incidence of POST was 57.5% ( n = 119). Univariate analysis revealed that significantly more patients in group S had a cough at emergence and hoarseness in the postanaesthetic care unit compared with group N. Receiver operating characteristic curve analysis showed that an intracuff pressure ≥17 cmH2O was associated with POST. Multivariate analysis identified an intracuff pressure ≥17 cmH2O and cough at emergence as risk factors for POST. At emergence, as the intracuff pressure over ≥17 cmH2O increased, the incidence of hoarseness increased.

Conclusions

An intracuff pressure ≥17 cmH2O and a cough at emergence were risk factors for POST in Korean patients. Intracuff monitoring during anaesthesia and a smooth emergence are needed to prevent POST.
Pathogenesis of Colitis in Germ-Free Mice Infected With EHEC O157:H7
Authors: Eaton K. A. , Fontaine C. , Friedman D. I. , Conti N. , Alteri C. J.
Published: February 2017

Enterohemorrhagic Escherichia coli (EHEC) are strains of E. coli that express Shiga toxins (Stx) and cause hemorrhagic colitis. In some cases, disease can progress to hemolytic uremic syndrome, a potentially fatal form of kidney disease. Both enteric and renal disease are associated with the expression of stx genes, which are often carried on lysogenic phage. Toxin is expressed following induction and conversion of the phage to lytic growth. The authors previously used a germ-free mouse model to demonstrate that toxin gene expression is enhanced during growth in vivo and that renal disease is dependent on both prophage induction and expression of Stx2. In the current study, the authors document and quantify necrotizing colitis, examine the progression of enteric and renal disease, and determine the role of Stx2, phage genes, and the type 3 secretion system (T3SS) in bacterial colonization and colitis and systemic disease. By 1 day after inoculation, EHEC-monocolonized mice developed colitis, which decreased in severity thereafter. Systemic disease developed subsequently. Infection with EHEC mutant strains revealed that renal failure and splenic necrosis were absolutely dependent on the expression of Stx2 but that T3SS function and prophage excision were not necessary for systemic disease. In contrast, colitis was only partly dependent on Stx2. This study demonstrates that in germ-free mice, like in human patients, EHEC causes early colitis followed by renal failure and that systemic disease but not colitis is Stx2 dependent.
Examining the Effects of Intensive Supervision and Aftercare Programs for At-Risk Youth: A Systematic Review and Meta-Analysis
Authors: Bouchard Jessica , Wong Jennifer S.
Published: February 2017

Community correctional sentences are administered to more juvenile offenders in North America than any other judicial sentence. Particularly prominent in juvenile corrections is intensive supervision probation and aftercare/reentry, yet the effects of these supervision-oriented interventions on recidivism are mixed. The purpose of this meta-analysis is to determine the effects of intensive supervision probation and aftercare/reentry on juvenile recidivism. An extensive search of the literature and application of strict inclusion criteria resulted in the selection of 27 studies that contributed 55 individual effect sizes. Studies were pooled based on intervention type (intensive supervision probation or aftercare/reentry) and outcome measure (alleged or convicted offenses). The pooled analyses yielded contradictory results with respect to outcome measure; in both cases, supervision had a beneficial effect on alleged offenses and negatively affected convicted offenses. These patterns across intervention type and outcome measure, as well as recommendations for future research, are discussed.
Experiences of separation and divorce among foster and adoptive families: the need for supportive responses
Authors: Riggs Damien W , Blythe Stacy
Published: February 2017

Separation and divorce are realities faced by many families. Yet in the case of foster and adoptive families, only a small number of studies have looked at the way such experiences affect them. This article seeks to fill this gap by exploring the nature and consequences of separation and divorce among foster and adoptive families in Australia and the United States. A thematic analysis of primary and secondary data collected by the authors identified three dominant themes: (1) that divorcing foster families experience variable responses from service providers; (2) that some adoptive parents perceive that relationship breakdowns compound adoption-related losses; and (3) that some adoptees challenge the assumption that the nature and experience of separation and divorce among adoptive families is unique. The article concludes by advocating for the provision of clear guidelines for foster and adoptive families experiencing separation or divorce, and highlights the need for supportive community responses to help those affected.
Practice of Intubation of the Critically Ill at Mayo Clinic
Authors: Smischney Nathan J. , Seisa Mohamed O. , Heise Katherine J. , Busack Kyle D. , Loftsgard Theodore O. , Schroeder Darrell R. , Diedrich Daniel A.
Published: February 2017

Objective:

To describe the practice of intubation of the critically ill at a single academic institution, Mayo Clinic’s campus in Rochester, Minnesota, and to report the incidence of immediate postintubation complications.

Patients and Methods:

Critically ill adult (≥18 years) patients admitted to a medical–surgical intensive care unit from January 1, 2013, to December 31, 2014, who required endotracheal intubation included.

Results:

The final cohort included 420 patients. The mean age at intubation was 62.9 ± 16.3 years, with 58% (244) of the cohort as male. The most common reason for intubation was respiratory failure (282 [67%]). The most common airway device used was video laryngoscopy (204 [49%]). Paralysis was used in 264 (63%) patients, with ketamine as the most common sedative (194 [46%]). The most common complication was hypotension (170 [41%]; 95% confidence interval [CI]: 35.7-45.3) followed by hypoxemia (74 [17.6%]; 95% CI: 14.1-21.6), with difficult intubation occurring in 20 (5%; 95% CI: 2.9-7.3).

Conclusion:

We found a high success rate of first-pass intubation in critically ill patients (89.8%), despite the procedure being done primarily by trainees 92.6% of the time; video was the preferred method of laryngoscopy (48.6%). Although our difficult intubation (4.8%) and complication rates typically associated with the act of intubation such as aspiration (1.2%; 95% CI: 0.4-2.8) and esophageal intubation (0.2%; 95% CI: 0.01-1.3) are very low compared to other published rates (8.09%), postintubation hypotension (40.5%) and hypoxemia (17.6%) higher.
An American Solution to an Irish Problem: A Consideration of the Material Conditions that Shape the Architecture of Union Organizing
Authors: Geary John , Gamwell Sophie
Published: February 2017

New models of union organizing have become an important instrument of union growth and renewal. We examine the transfer of US-developed organizing practices to Ireland. We enquire whether the practical experiences of SIPTU can be considered successful. In particular, we focus on the question: in what way is the architecture of union organizing shaped by the material conditions that affect workers’ power? We look at three campaigns across three low-wage sectors (hotels, red meat processing and contract cleaning). The campaigns share a number of common properties, but differ in respect of the power resources available to employees and the shape of their outcomes. Using a most similar systems comparative research design, we identify a variety of causes which help explain the success and shape of the different organizing campaigns. Finally, we make a number of arguments in respect of how our findings link to debates about the future of trade unionism.
Popular culture in (and out of) American political science
Authors: Dorzweiler Nick
Published: February 2017

Historically, American political science has rarely engaged popular culture as a central topic of study, despite the domain’s outsized influence in American community life. This article argues that this marginalization is, in part, the by-product of long-standing disciplinary debates over the inadequate political development of the American public. To develop this argument, the article first surveys the work of early political scientists, such as John Burgess and Woodrow Wilson, to show that their reformist ambitions largely precluded discussion of mundane activities of social life such as popular culture. It then turns to Harold Lasswell, who produced some of the first investigations of popular culture in American political science. Ironically, however, his work – and the work of those who adapted similar ways of speaking about popular culture after him – only reinforced skepticisms concerning the American public. It has thus helped keep the topic on the margins of disciplinary discourse.
The effect of monolayer TiCN-, AlTiN-, TiAlN-and two layers TiCN + TiN- and AlTiN + TiN-coated cutting tools on tool wear, cutting force, surface roughness and chip morphology during high-speed milling of Ti6Al4V titanium alloy
Authors: Kuram Emel
Published: February 2017

Tool coatings can improve the machinability performance of difficult-to-cut materials such as titanium alloys. Therefore, in the current work, high-speed milling of Ti6Al4V titanium alloy was carried out to determine the performance of various coated cutting tools. Five types of coated carbide inserts – monolayer TiCN, AlTiN, TiAlN and two layers TiCN + TiN and AlTiN + TiN, which were deposited by physical vapour deposition – were employed in the experiments. Tool wear, cutting force, surface roughness and chip morphology were evaluated and compared for different coated tools. To understand the tool wear modes and mechanisms, detailed scanning electron microscope analysis combined with energy dispersive X-ray of the worn inserts were conducted. Abrasion, adhesion, chipping and mechanical crack on flank face and coating delamination, adhesion and crater wear on rake face were observed during high-speed milling of Ti6Al4V titanium alloy. In terms of tool wear, the lowest value was obtained with TiCN-coated insert. It was also found that at the beginning of the machining pass TiAlN-coated insert and at the end of machining TiCN-coated insert gave the lowest cutting force and surface roughness values. No change in chip morphology was observed with different coated inserts.
The Role of Psychological Connectedness to the Future Self in Decisions Over Time
Authors: Urminsky Oleg
Published: February 2017

What motivates people to make decisions in the present that benefit their self in the future? An emerging literature suggests that farsightedness is influenced by the degree of connection people perceive between their present and future self. People who see their core identity as changing substantially over time, into a substantially different future self, are less likely to forgo benefits in the present to ensure larger deferred benefits to be enjoyed by that future self they are not as connected to. Recent lab, field, and neural evidence has related such connectedness to time discounting, as well as more generally to a range of provident behaviors. This review discusses what is known and what remains to be studied about the bases of perceived connectedness, how people incorporate connectedness into their decision-making, and which psychological and contextual factors may influence the role of connectedness in decision-making.
Parliamentary Representation in Europe's System of Multi-Layer Constitutions: A Case Study of Germany
Authors: Hofmann Herwig C.H.
Published: February 2017

This article uses a case study of Germany to analyse conditions for the participation of national and sub-national parliaments in the EU system of multi-layered parliamentarism. The analysis illustrates that national and sub-national parliaments can enhance their roles in policy formulation and implementation in EU affairs by creating structures of close cooperation and networking – vertically, between parliaments of different levels (European, national, subnational), and horizontally, between the national and sub-national parliaments. Even without a direct representation of national parliamentarians in European decision making on the EU level, national and sub-national parliaments have ways of influencing and controlling the European policy process and thereby adding to the legitimacy of European governance.
The Protection of Cultural Rights in Europe: None of the EU's Business?
Authors: Donders Yvonne
Published: February 2017

Over the last decade, cultural diversity and the promotion and protection of cultural human rights have become important issues in the European context. States are trying to protect their national cultural identity within the European integration process, while at the same time several communities within States, such as minorities, indigenous peoples and immigrant communities, demand the promotion and protection of their cultural identity. The Council of Europe has established a human rights mechanism including the protection of cultural rights and rights of minorities. Within the European Union, the promotion and protection of human rights has slowly become a part of the internal policies, the latest step being the proclamation of the Charter on Fundamental Rights. However, the promotion of cultural diversity and of cultural rights or rights of minorities hardly play a role in this respect. Bearing in mind the possible inter-State implications that these issues may have, Member States should co-operate more closely and develop policies at the EU level in relation to the promotion and protection of cultural diversity.
The Court of Justice in the Draft Constitution
Authors: Barents René
Published: February 2017

This article provides an overview of the provisions concerning the Court of Justice1 and the Court of First Instance2 in the draft Treaty establishing a Constitution for Europe.3 This overview compares these provisions with those of the EC Treaty, as amended by the Treaty of Nice,4 and gives some details about the negotiations in the framework of the European Convention and the ‘travaux préparatoires’ of the Constitution. The documents of the Convention referred to in the footnotes can be consulted at the Convention's website.5
Crime and the Constitution: A Brief Chronology of Choices and Circumventions
Authors: den Boer Monica
Published: February 2017

The article looks into the consequences of the European Convention and the (draft) EU Constitutional Treaty for the field of Justice and Home Affairs Cooperation, in particular police and judicial co-operation in criminal matters. Despite high ambitions expressed during the Convention deliberations, the draft is proof of the lack of vision about the long-term objectives of the Area of Freedom, Security and Justice. Although the intergovernmental ‘Third Pillar’ will be abolished, various exceptions remain in this field related to the right of initiative, voting mechanisms, and decision-making procedures. These covert remnants of the Third Pillar may contribute to the diffuse and fragmented implementation of EU law in the domestic criminal justice systems of the EU Member States. On the whole however, the Constitutional Treaty is to be welcomed because of the amelioration of judicial and democratic control on policing and judicial activities. Notwithstanding these positive changes, democratically elected representatives and judicial authorities will have to remain alert to the integration of the legal instruments into an emerging judicial area, where authorities such as Eurojust and OLAF are insufficiently equipped with the control and supervision of semi-operational activities performed by Europol and joint investigation teams.
Antibiotics, the Precautionary Principle and the Court of First Instance
Authors: Vos Ellen
Published: February 2017

This article comments upon the two judgments of the Court of First Instance (CFI) in the Pfizer and Alpharma cases of 11 September 2002. This case law is of importance as the Court for the first time explicitly addressed the precautionary principle and largely confirmed the elements laid down in the Commission's Communication on the Precautionary Principle of 2000. The case law can be criticized for the lenient implementation of the CFI's own requirements in relation to the application of the precautionary principle, such as having an as thorough risk assessment as possible and securing adequate guarantees for scientific objectivity. The decisions were a missed opportunity for the CFI to set high standards as regards the quality of the alternative scientific evidence relied on, in terms of excellence, independence and transparency.
Ubi ius, Ibi Remedium? — Locus Standi of Private Applicants under Article 230 (4) EC at a European Constitutional Crossroads
Authors: Manuel José , Martín Cortés
Published: February 2017

The ancient Roman legal maxim ubi ius remedium reminds us that the law provides many types of remedy for the breach of legal wrongs, including an inherent power of superior courts, in some situations, to fashion novel remedies where existing ones are inadequate to redress particular violations of rights. In this sense, and despite the strict conditions required by Article 230 EC, the ECJ has sometimes in the past accepted the standing of applicants in the name of the principle of effective judicial protection. This is exactly like the English common-law tradition, where the law does not provide a means of enforcing a right, equity will. However, we wonder if the Court's propensity to safeguard the fundamental principles of the Community legal order continues to have the same validity today in light of recent developments. Whereas the CFI and several AG pronounced in favour of a radical jurisprudential change by means of opening individual access to Community Courts, the ECJ – in the UPA and Jégo-Quéré cases – pronounced in favour of maintaining the traditional interpretation of person particularly affected, although, at the same time, inviting Member States to reflect upon the possibility of modifying the Treaty. This reflection has led to the introduction in the Constitution of a minimalist reform which will barely alter the position of the individual. The question arises, firstly, if this resistance to provide an essential change in the Constitution is really an issue of legal subsidiarity and, secondly, if the current interpretation really satisfies the essential requirements of the principle of effective judicial protection.
Recognition of Divorce by Repudiation (talaq) in France, Germany and the Netherlands
Authors: Rutten Susan
Published: February 2017

In this article the development in France, Germany and the Netherlands of a recognition policy towards the Islamic divorce by unilateral repudiation (talaq) is examined. Since the unilateral repudiation has lost some of its unilateral character in the legal orders of several Islamic States in recent times, there is a tendency within European States towards considering the Islamic talaq as a divorce with ‘judicial proceedings’. As a result, the conditions for recognizing a talaq become less severe. Nevertheless questions on the gender aspect, on procedural guarantees, and on provisions taken after a talaq, require a cautious approach. They may give rise to grounds for invoking public policy justification against recognition. This public policy concept with regard to Islamic talaq has undergone a different development in the three European States considered. Arguably, in order to develop a common European approach, one has to take account of the policies of other European States and of developments in the Family Law Codes and legal practices in Islamic States as well.
‘Is This a Conflict Rule Which I See before Me?’ Looking for a Hidden Conflict Rule in the Principle of Origin as Implemented in Primary European Community Law and in the ‘Directive on Electronic Commerce’
Authors: de Baere Geert
Published: February 2017

The article will endeavour to examine the claims in some doctrinal writing that the ‘principle of origin’ in fact contains a hidden conflict rule which directly renders applicable the country of origin's law. When examining this question, a distinction has to be drawn between the principle as it can be found in primary European Community law (the Treaty freedoms) on the one hand, and the principle as it was implemented in several instruments of secondary Community law. These correspond to the two main parts of the article. The second part will however only deal with one example of a secondary instrument implementing the principle of origin, namely the ‘Directive on electronic commerce’.
The European Integrated Criminal Justice System and its Constitutional Framework
Authors: Vogel Joachim
Published: February 2017

This article discusses the concept of the integrated European criminal justice system and its constitutional framework (as it stands now and as laid down in the Treaty Establishing a Constitution for Europe signed in Rome on 29 October 2004). It argues that European integration does not stop short of criminal justice. Integration does not mean that Member States and their legal systems, including their criminal justice systems, are being abolished or centralised or unified. Rather, they are being integrated through co-operation, co-ordination and harmonisation; centralisation, respectively unification, is a means of integration only in specific sectors such as the protection of the European Communities' financial interests. The article further argues that the integrated European criminal justice system is in need of a constitutional framework. The present framework suffers from major deficiencies. However, the Treaty establishing a Constitution for Europe will introduce a far better, all in all satisfactory, ‘criminal law constitution’.
Is the Development of a Common Substantive Criminal Law for Europe Possible? Some Preliminary Reflections
Authors: Ambos Kai
Published: February 2017

The road to a common European Criminal Law, notwithstanding the political tendency towards the further ‘Europeanisation’ of our laws against the background of multiple threats by transnational crime, is littered with obstacles and difficulties. An analysis of some basic questions of the General and Special Part of the criminal laws of some European Criminal Justice systems confirms that some comparative groundwork is necessary before substantive harmonisation of European criminal laws is feasible. Legal concepts and methods as well as offences show considerable differences. As to the General Part, differences range from the construction of crime to the role of justification and excuse in negating, mitigating or excusing responsibility and the various understandings of the parties to a crime. As to the Special Part, a rather superficial comparison of the offences of murder/manslaughter and theft reveals different approaches across the different systems. As for the new EU-offences contained in the European Arrest Warrant and the Constitution, it is improbable that they exist in all EU member States in the form presented by the EU instruments. From all this follows that a European Criminal Law cannot be introduced overnight ignoring these technical and other (socio-cultural) differences.
The Significance of Existing EU Sex Equality Law for Women in the New Member States. The Case of Hungary
Authors: Lehoczky Csilla Kollonay
Published: February 2017

What does EU sex equality law mean for the new ‘post-socialist’ Member States of the EU? Against the context of the legacy of ‘socialist emancipation’, and the backlash which followed the 1989/90 revolutions, this article analyses the contributions made by EU sex equality law to the legal position of women in the new Member States, and the potential for EU sex equality law to improve the position of women in those Member States. Using the case study of Hungary, it analyses the measures taken by one such Member State to comply with the acquis communautaire on sex equality. The conclusions are that EU sex equality law brings much of value to women in the new Member States, but that the future challenge is to instrumentalize and embed the EU sex equality acquis so that its promise becomes a practical reality for those women.
Member State Liability for Decisions of National Courts Adjudicating at Last Instance
Authors: Cabral Pedro , Chaves Mariana C.
Published: February 2017

This article comments upon the Köbler judgment of the Court of Justice of 30 September 2003. The decision is of great significance as, for the first time, the Community judicature explicitly spelled out that the principle of State liability for infringement of Community law – a principle well established in the jurisprudence since the early 1990's – is applicable to national courts adjudicating at last instance. Whereas the ruling no doubt represents an important landmark for the protection of the rights which individuals derive from Community law, it nevertheless raises a number of questions. Basing the judgment on its traditional case law on State liability, the Court did not fully take into account the need to adapt this to the specific nature of the judicial function. As a consequence, its definition of the principle of State liability for acts of the judiciary as well as that of the conditions governing its application is not entirely satisfactory. Moreover, as regards the latter, the application of the key notion of ‘sufficiently serious breach’ to the circumstances of the case seems largely incongruous.
The Role of the Senate in the Legislative Process
Authors: Broeksteeg Hansko , Knippenberg Erik
Published: February 2017

In most countries with a bicameral system, the Upper House plays a restrained role with regard to the legislature. In this contribution, the position of the Upper Houses in the Netherlands, France, the United Kingdom and Germany is characterised in terms of rivalry and assistance. ‘Rivalry’ is to be taken to mean here the (im)possibility of the Upper House to wholly or partially force through its own political policy desires. ‘Assistance’ in parliamentary legislative practice implies first and foremost correction as to lawfulness, in particular improvements of a legal-technical nature. Suggestions for ‘enhancing’ the effectiveness and social desirability of legislative texts, as well as their politico-bicameral and non-controversial nature are also placed under the heading ‘assistance’. Only the position of the German Bundesrat can be seen as providing a rival to the Lower Chamber. Neither the French Sénat, the House of Lords nor the Dutch Eerste Kamer provide (political) rivalry. The Sénat and the House of Lords do, however, have a strong assisting position: these Upper Houses play a significant role by using their right of amendment. The Dutch Upper House has a energetic position ‘on paper’, but, compared to the Upper Houses in France, the United Kingdom and Germany, its position is rather weak. Assistance in the area of co-legislation is virtually impossible.
The Perils of the ‘Europeanisation’ of Extradition Procedures in the EU Mutuality, Fundamental Rights and Constitutional Guarantees
Authors: Konstadinides Theodore
Published: February 2017

This article focuses on the main problems regarding the current application of EU extradition procedures in relation to the area of judicial cooperation in criminal matters. It introduces the ‘Europeanisation’ of extradition procedures through a discussion based on the continuity of the principle of mutual recognition from the EC Treaties to the EU Constitutional Treaty. The latest manifestation of this continuity is the introduction of the European Arrest Warrant (adopted on 13 June 2002) that is aimed at simplifying the extradition procedures for suspected criminals within the territory of the European Union by creating a positive list of criminal areas. The author discusses the innovations introduced by the Framework Decision on the European Arrest Warrant (abolition of the test of dual criminality) and then focuses on two main problem areas based on the reaction of certain Member States: i) the compatibility with constitutional guarantees, where the author focuses on the eagerness of the national courts to contest the constitutionality of the EU Arrest Warrant implementation laws for authorising the extradition of their own nationals; ii) the compatibility with Human Rights, where the author argues that the principle of mutual recognition is not adequate for adjudicating interstate criminal cases when it operates in isolation. The article then focuses upon the balance between procedural efficiency and civil liberties and proposes certain procedural and institutional checks that would assist in moving from the current embryonic stage of EU criminal law to its adolescence.
Framing a Right to Treatment in English Law? Watts in Retrospective
Authors: McHale Jean V.
Published: February 2017

The Watts decision of the ECJ in 2006 led to consternation amongst media and policy makers alike in the UK. Did this really mean that EU law had granted NHS patients for the first time an explicit ‘right to treatment’? What would the implications be for individual patients and Member States? But as the dust has started to settled and we have time to take pause will Watts really prove a turning point or will time show that it is yet another healthcare law decision more noted for the publicity it receives in England and Wales than its long-term impact on law or on health policy? This article attempts to set Watts in the context of more general health law and policy in the UK. First it begins with a brief outline of the Watts case setting it in the context of domestic and ECJ jurisprudence. Secondly, it considers whether Watts does change the existing position and create a ‘right to healthcare’ in the context of NHS treatment. It considers the practical impact on patients seeking treatment abroad in relation to both primary care and secondary-hospital care. Thirdly, it considers the impact of the judgment on the NHS itself and on resource allocation in general. It suggests that while on its face the decision has the potential to undermine resource allocation policy the practical impact of the case may prove much more restrictive. Fourthly, it considers the impact of further EU developments post-Watts on access to healthcare across the EU.
Article 234 and Competition Law: A Comparative Analysis
Authors: Rodger Barry J.
Published: February 2017

Many of the most significant principles established by the ECJ have been decided in the context of a reference to that court for a preliminary ruling under Article 234 (ex 177) EC. Article 234 facilitates a dialogue between the national courts and the ECJ in order to allow national courts to seek guidance on the appropriate interpretation of Community law principles in a particular dispute. The importance of the Article 234 procedure in seeking to ensure the uniform and consistent interpretation of Community law cannot be under-estimated, particularly in the field of competition law. This article is based on collaborative research involving fourteen Member States and a comprehensive review of all Article 234 competition and State aid rulings to 1 May 2004. The article considers various issues relating to the number and type of preliminary rulings given by the ECJ in competition-law related matters. It provides insights into which Member States have resorted most frequently to the Article 234 mechanism, and the types of competition law issues raised in those legal disputes, and assesses the extent to which resort to the procedure has varied over different time-frames, together with suggested rationale for the varying use between different Member States, and over different periods of time. Finally, the article outlines the extent to which information has been gained on the post-ruling process in different Member States.
Rights and Principles in EU Law: A Distinction without Foundation?
Authors: Hilson Chris
Published: February 2017

Both rights and principles have long existed in EU law. The Charter of Fundamental Rights - made newly binding by the Lisbon Treaty – attempts to draw a distinction between the two types of norm. This article explores in depth the question of whether such a differentiation can easily be made, drawing from both the literature on rights and the Charter, and that on principles (particularly environmental principles). It examines a range of ways in which rights and principles might be thought to differ – including in terms of autonomy, whether they are single- or double-sided in scope, their legal impacts (binding or non-binding), forms of accountability (legal or political), and their jurisprudential nature. Having found that similarities abound rather more than differences, the article concludes by arguing that the weight placed on the distinction by the Charter is untenable.
The European Court of Justice: What are the Limits of its Exclusive Jurisdiction?
Authors: Lock Tobias
Published: February 2017

The article explores the limits of the ECJ's exclusive jurisdiction by addressing two main issues: firstly, whether there are exceptions to that exclusivity, such as the application of the CILFIT case law or the exclusion of Community law from the dispute. Secondly, it asks whether other international courts must respect the ECJ's jurisdiction over a case. The article commences by briefly discussing the ECJ's exclusive jurisdiction as it was established in Opinion 1/91 and the Mox Plant-Case and draws conclusions from this case law. It then addresses the above-mentioned points and comes to the conclusion that there are generally no exceptions to the ECJ's exclusive jurisdiction and that the only option open to Member States is to exclude Community law from a dispute (and even that option is subject to limitations). Furthermore, after exploring several routes advanced in the academic discussion, the article comes to the conclusion that other courts must respect the ECJ's jurisdiction and as a consequence declare the case inadmissible.
European Public Policy in Commercial Arbitration: Bridge over Troubled Water?
Authors: Van Der Haegen Olivier
Published: February 2017

This Article aims to analyse the foundations, the concept and the practical implications of European public policy on commercial arbitration. It starts with a detailed analysis of the ECJ's Eco Swiss judgment, which decided on the public policy character of Article 81 EC in the context of arbitration. The reasoning followed by the Court is scrutinised and used as a way to understand better the concept of European public policy and to limit its consequences on arbitration. The author examines the relationship both between European public policy and the New York Convention, and national arbitration practices. A parallel is also drawn with the public policy exception under the regime of Brussels I Regulation. The principal questions addressed concern what European public policy should encompass in an arbitration context, whether there is a duty for arbitrators to apply European public policy of their own motion and the level to which awards, that allegedly misapplied European public policy, should be scrutinised.
Taking Back What's Ours? Possibilities and Impossibilities of Recapturing Bonuses
Authors: Gundt Nicola
Published: February 2017

This article deals with the possibilities that Dutch and French civil law and labour law offer to bring about changes in employment contracts, more particularly, the possibilities to change bonus clauses. Both countries use rather different concepts. Where the Dutch law uses general principles and relies on the judge's appreciation of the facts, the French law opts for strictly objective reasonings with virtually no role for the judge other than objectively applying the concepts. However, in a concrete case, the outcome may not differ as much as one might expect on first sight.
The Puzzle of Citizenship and Territory in the EU: On European Rights Overseas
Authors: Kochenov Dimitry
Published: February 2017

Aiming at outlining the essential framework of EU citizenship's specificity in the context of the Overseas Countries and Territories associated with the Union (OCTs), this paper approaches the development of the legal status of EU citizenship as a process of the redefinition of the territorial nature of EU law and analyzes the essential specific features of the functioning of EU citizenship enjoyed by those Member States' nationals who reside outside the territorial scope of EU law. Member States' nationals residing in the OCTs are fully fledged EU citizens. The legal specificity of the OCTs framed by the Treaties follows territorial logic, which means that Part II TFEU on EU citizenship fully applies in the OCTs via ratione personae of EU law, empowering all their inhabitants to benefit from applicable rights and freedoms granted to them by the Union which are not in conflict with Part IV TFEU and the logic of association described therein.
Art, Pornography and Foucauldian Reconstruction of Comparative Law
Authors: Belavusau Uladzislau
Published: February 2017

The article inquires into a delicate and often prudish legal problem of erotic art in the paradigmatic dynamics of national law on obscenity and an ever-growing body of international law of cultural heritage. Pornography is a popular legal construction in distinguishing ‘high art’ from cultural practices, allegedly deprived of artistic value. Yet since when do we know what is the obscene or the pornographic and why do we outlaw certain narratives and visualizations from the realm of freedom of expression? This question remains ultimately vague in national law (predominantly embraced under the heading of boni mores, or ‘public morality’) and even more scattered in contemporary international law. The latter seems to silence somewhat uncomfortable and outdated developments on pornography of the early 20th century. Consequently, this piece is an attempt to trace the genesis and evolution of the legal interpretation of art in the dichotomy of freedom of expression and pornography.