bluuebunny/crossref_metadata_2025 huggingface dataset:
Engineering analysis of aortic wall stress and root dilatation in the V-shape surgery for treatment of ascending aortic aneurysms
Authors: Dong Hai , Liu Minliang , Qin Tongran , Liang Liang , Ziganshin Bulat , Ellauzi Hesham , Zafar Mohammad , Jang Sophie , Elefteriades John , Sun Wei
Published: January 2022

OBJECTIVES

The study objective was to evaluate the aortic wall stress and root dilatation before and after the novel V-shape surgery for the treatment of ascending aortic aneurysms and root ectasia.

METHODS

Clinical cardiac computed tomography images were obtained for 14 patients [median age, 65 years (range, 33–78); 10 (71%) males] who underwent the V-shape surgery. For 10 of the 14 patients, the computed tomography images of the whole aorta pre- and post-surgery were available, and finite element simulations were performed to obtain the stress distributions of the aortic wall at pre- and post-surgery states. For 6 of the 14 patients, the computed tomography images of the aortic root were available at 2 follow-up time points post-surgery (Post 1, within 4 months after surgery and Post 2, about 20–52 months from Post 1). We analysed the root dilatation post-surgery using change of the effective diameter of the root at the two time points and investigated the relationship between root wall stress and root dilatation.

RESULTS

The mean and peak max-principal stresses of the aortic root exhibit a significant reduction, P=0.002 between pre- and post-surgery for both root mean stress (median among the 10 patients presurgery, 285.46 kPa; post-surgery, 199.46 kPa) and root peak stress (median presurgery, 466.66 kPa; post-surgery, 342.40 kPa). The mean and peak max-principal stresses of the ascending aorta also decrease significantly from pre- to post-surgery, with P=0.004 for the mean value (median presurgery, 296.48 kPa; post-surgery, 183.87 kPa), and P=0.002 for the peak value (median presurgery, 449.73 kPa; post-surgery, 282.89 kPa), respectively. The aortic root diameter after the surgery has an average dilatation of 5.01% in total and 2.15%/year. Larger root stress results in larger root dilatation.

CONCLUSIONS

This study marks the first biomechanical analysis of the novel V-shape surgery. The study has demonstrated significant reduction in wall stress of the aortic root repaired by the surgery. The root was able to dilate mildly post-surgery. Wall stress could be a critical factor for the dilatation since larger root stress results in larger root dilatation. The dilated aortic root within 4 years after surgery is still much smaller than that of presurgery.
Combination of endobronchial bronchoscopic debulking and bronchoplastic segmentectomy of an obstructive neuroendocrine tumour: probably the least invasive approach
Authors: Mégevand Vladimir , Lutz Jon A , Kocher Gregor J , Dumont Philippe
Published: January 2022

We report the case of a female patient with an obstructing well-differentiated neuroendocrine tumour in the apical segment of the completely atelectatic right lower lobe. Bronchoscopic debulking of the tumour lead to re-ventilation of the remaining lobe, allowing to perform a lung-sparing bronchoplastic resection of the affected segment by uniportal video-assisted thoracic surgery.
A Roadmap to Reconstructing Muscle Architecture from CT Data
Authors: Katzke Julian , Puchenkov Pavel , Stark Heiko , Economo Evan P
Published: January 2022

Synopsis

Skeletal muscle is responsible for voluntary force generation across animals, and muscle architecture largely determines the parameters of mechanical output. The ability to analyze muscle performance through muscle architecture is thus a key step towards better understanding the ecology and evolution of movements and morphologies. In pennate skeletal muscle, volume, fiber lengths, and attachment angles to force transmitting structures comprise the most relevant parameters of muscle architecture. Measuring these features through tomographic techniques offers an alternative to tedious and destructive dissections, particularly as the availability of tomographic data is rapidly increasing. However, there is a need for streamlined computational methods to access this information efficiently. Here, we establish and compare workflows using partially automated image analysis for fast and accurate estimation of animal muscle architecture. After isolating a target muscle through segmentation, we evaluate freely available and proprietary fiber tracing algorithms to reconstruct muscle fibers. We then present a script using the Blender Python API to estimate attachment angles, fiber lengths, muscle volume, and physiological cross-sectional area. We apply these methods to insect and vertebrate muscle and provide guided workflows. Results from fiber tracing are consistent compared to manual measurements but much less time-consuming. Lastly, we emphasize the capabilities of the open-source three-dimensional software Blender as both a tool for visualization and a scriptable analytic tool to process digitized anatomical data. Across organisms, it is feasible to extract, analyze, and visualize muscle architecture from tomography data by exploiting the spatial features of scans and the geometric properties of muscle fibers. As digital libraries of anatomies continue to grow, the workflows and approach presented here can be part of the open-source future of digital comparative analysis.
Heat Wave Intensity Drives Sublethal Reproductive Costs in a Tidepool Copepod
Authors: Siegle Matthew R , Taylor Eric B , O'Connor Mary I
Published: January 2022

Synopsis

Physiological stress may induce sublethal effects on fitness by limiting energy availability and shifting energy allocation, which can incur reproductive costs. Sublethal reproductive costs may affect vital rates, linking stress events such as heat waves to population demography. Here, we test the hypothesis that heat wave intensity and consecutive days of exposure to heat wave temperatures impact survival and individual reproductive success. We subjected groups of the marine harpacticoid copepod, Tigriopus californicus, to 6 heat wave regimes that differed in maximum exposure temperature, 26°C or 32°C, and number of consecutive exposure days (1, 2, or 7), and predicted that survival and reproductive costs would increase with heat wave intensity and duration. We measured individual survival and offspring production during the heat waves and for 2 weeks following the last day of each experimental heat wave. Despite similar survivorship between the 2 maximum temperature treatments, sublethal effects of heat wave intensity were observed. Consistent with our predictions, individuals that experienced the higher maximum temperature 32°C heat waves produced fewer offspring overall than those that experienced the 26°C heat wave. Furthermore, the number of naupliar larvae (nauplii) per clutch was lower in the 32°C group for egg clutches produced immediately after the final day of exposure. Our results are consistent with the hypothesis that increasing thermal stress can lead to sublethal costs, even with no discernible effects on mortality. Heat waves may not always have lethal effects on individuals, especially for individuals that are adapted to routine exposures to high temperatures, such as those occupying the high intertidal. Costs, however, associated with stress and/or reduced performance due to non-linearities, can affect short-term demographic rates. The effect of these short-term sublethal perturbations is needed to fully understand the potential for population rescue and evolution in the face of rapid climate change.
Tigecycline population pharmacokinetics in critically ill patients with decompensated cirrhosis and severe infections
Authors: Bastida Carla , Hernández-Tejero María , Cariqueo Marcial , Aziz Fátima , Fortuna Virginia , Sanz Miquel , Brunet Mercè , Fernández Javier , Soy Dolors
Published: January 2022

Objectives

Physiopathological changes in advanced cirrhosis could alter tigecycline pharmacokinetics (PK), thus affecting serum drug concentrations and compromising target attainment. We aimed to describe tigecycline PK in patients with decompensated cirrhosis and severe bacterial infections, identify the sources of PK variability and assess the performance of different dosing regimens to optimize the PK/pharmacodynamic (PD) target.

Methods

Serum concentrations and covariates were obtained from patients with severe infections under tigecycline treatment. A population PK analysis was performed using non-linear mixed-effects modelling and the final model was used to simulate tigecycline exposure to assess the PTA.

Results

Twenty critically ill patients were enrolled in the study. Data were best described by a two-compartment linear model. Mean ± SD parameter estimates for clearance (CL), intercompartmental clearance (Q), central and peripheral volumes of distribution (V1 and V2) were 14.8 ± 11 L/h, 38.4 ± 24 L/h, 63.7 ± 14 L and 233 ± 30 L, respectively. MELD score significantly influenced tigecycline CL, and total serum proteins significantly affected V1. Monte Carlo simulations showed that tigecycline elimination is hampered as MELD score values increase, consequently requiring lower drug doses. Patients with hypoproteinaemia would have lower peak tigecycline concentrations but similar steady-state concentrations compared with patients with normoproteinaemia.

Conclusions

Our study confirms that tigecycline dose adjustment is needed in severe hepatic dysfunction and suggests using the MELD score for dose optimization since it is identified as a covariate that significantly influences tigecycline CL. Dosing regimens are recommended to reach several PK/PD targets considering this clinical variable and any MIC within the susceptibility range.
Chemical composition of selected insect meals and their effect on apparent total tract digestibility, fecal metabolites, and microbiota of adult cats fed insect-based retorted diets
Authors: Reilly Lauren M , Hu Yi , von Schaumburg Patrick C , de Oliveira Maiara R D , He Fei , Rodriguez-Zas Sandra L , Southey Bruce R , Parsons Carl M , Utterback Pam , Lambrakis Leah , da Costa Diego V , Bertechini Antonio G , Saad Flávia M O B , de Godoy Maria R C
Published: January 2022

Insect meals are novel and potentially sustainable protein sources. The objectives of this study were to determine the chemical composition and standardized amino acid digestibility using the cecectomized rooster model of three selected insect meals (i.e., speckled cockroach [SC], Madagascar hissing cockroach [MC], and superworm [SW]) and to determine the effects of these insect meals on food intake, apparent total tract digestibility (ATTD) of macronutrients, fecal scores, and metabolites of adult cats fed insect- or chicken-based retorted diets. This study consisted of a complete randomized design, with 28 adult cats randomly assigned to one of the four experimental retorted diets: Control (chicken-based diet), SC diet, MC diet, or SW diet. All animal procedures were approved by the University of Illinois Institutional Animal Care and Use Committee. All diets were formulated to be complete and balanced and meet or exceed the nutritional requirements of adult cats. The experimental period was 28 d, with the first 7 d allotted for diet adaptation. The total fecal collection was completed during the last 4 d of the experimental period. On day 21, a fresh fecal sample from each cat was collected for the determination of fecal metabolites and microbiota. Food was offered twice daily to maintain body weight and body condition score. Among the three selected insect meals evaluated, oleic acid, palmitic acid, linoleic acid, and stearic acid were the most prevalent fatty acids. Branched-chain amino acids and arginine were the most preponderant indispensable amino acids in these insect meals. ATTD of dry matter, organic matter, acid-hydrolyzed fat, and crude protein did not differ among treatments (P > 0.05), and all diets were well digested by the cats. Similarly, fecal scores did not differ among the treatments and were within ideal range. No differences (P > 0.05) in fecal metabolite concentrations or microbiota diversity were observed among cats fed different experimental diets; only a few genera from Firmicutes and Bacteroidota phyla differ (P < 0.05) in cats fed SW diet in contrast to other dietary treatments. In conclusion, the selected insect meals evaluated herein are rich in linoleic acid, an essential fatty acid for cats. Insect-based retorted diets led to comparable results to those achieved with a chicken-based retorted diet, suggesting that these novel protein sources might be adequate alternative ingredients in feline diets.
A new genus and new species of potamid crab from Yunnan, southern China (Decapoda: Brachyura: Potamidae: Potamiscinae)
Authors: Shi Bo-Yang , Pan Da , Sun Hong-Ying
Published: January 2022

A new genus and new species of freshwater crab, Barbamon zhouigen. nov., sp. nov., belonging to the subfamily Potamiscinae Bott, 1970 (Potamidae Ortmann, 1896) is described from Wenshan Zhuangzu and Miaozu Autonomous Prefecture, Yunnan Province, China. The new genus is established based on a unique combination of characters, including the distinctive shape of the male first gonopod, and the setose ventral surface of the third maxilliped, suborbital and pterygostomial regions, and ambulatory legs. Barbamongen. nov. is similar in external appearance to AbormonMitra, Pati & Ng, 2021. The new genus, however, is distinctive in the combination of characters related to the carapace, third maxilliped, and male first gonopod. Molecular phylogenetic data derived from mitochondrial 16S rDNA sequences provides genetic support for the new genus and species.
Habitat suitability modelling of primary burrowing crayfishes, with a new state record for Procambarus liberorum Fitzpatrick, 1978 (Decapoda: Astacidea: Cambaridae)
Authors: Bloomer Caitlin C , Taylor Christopher A
Published: January 2022

Distributional surveys of primary burrowing crayfishes have historically been limited due to the challenge of finding and excavating burrows. Habitat suitability models (HSMs) have proven useful in explaining distributional patterns of many species, including crayfish. We used Maxent-derived HSMs to examine potential expansion of the known range of the Osage burrowing crayfish, Procambarus liberorumFitzpatrick 1978. We document the first record of P. liberorum in Missouri, extending its known range 54.2 km north. During modelling we encountered inaccurate GPS coordinates and difficulties with characterizing roadside ditch habitats from coarse urban land cover classifications. We discuss these limitations and highlight considerations for future modelling of primary burrowing crayfish.
Regulating Trade in Forest-Risk Commodities: Two Cheers for the European Union
Authors: Marín Durán Gracia , Scott Joanne
Published: January 2022

The European Union (EU) is a major importer of forest-risk commodities (FRCs) and thereby bears significant responsibility for the dangerous trend of global deforestation and forest degradation. On 17 November 2021, the European Commission took a courageous first step towards reducing the EU’s global deforestation footprint, by putting forward a legislative proposal to regulate trade in FRCs. The article analyses this proposal and explains why we consider it to be necessary and justified. Although we identify some important shortcomings in the proposal, particularly in relation to the protection of land tenure rights, we argue that the EU has a moral responsibility to avoid being complicit in the destruction of forests worldwide. We also suggest that the proposed regulation needs to be better designed to be compatible with the law of the World Trade Organisation (WTO), and notably with regards to its country benchmarking system and cooperation with affected exporting countries.
The Illegitimacy of Joint Statement Initiatives and Their Systemic Implications for the WTO
Authors: Kelsey Jane
Published: January 2022

The launch of ‘Joint Statement Initiatives’ (JSI) on electronic commerce, investment facilitation, and domestic regulation of services by groups of mainly developed country members in 2017 aimed to reinvigorate the World Trade Organization’s negotiating arm. These plurilateral negotiations to produce new rules that might be applied on a most-favoured-nation basis have been justified with a pragmatic blend of political, ideological, and legal arguments. This strategy directly challenges the World Trade Organization’s (WTO) core tenets of multilateralism, Member-driven consensus decision-making, and special and differential treatment, and sidelines the WTO’s role to mandate negotiations and its established bodies. Developing countries have challenged the systemic implications of JSIs for their ability to advance their own priorities, as was promised when the WTO was established. This article shows why JSIs lack legal legitimacy and their adverse systemic implications with reference to the WTO’s founding principles and its legal rules. It finds the justifications for JSIs rely on tenuous interpretations of WTO rules and the preferred mode of implementation involves a misuse of trade in services schedules. It warns that the precedent set by these JSIs would license future rule making by self-selecting groups of Members on a potentially limitless range of matters and deepen existing fissures within the troubled WTO.
A novel method for anomaly detection using beta Hebbian learning and principal component analysis
Authors: Zayas-Gato Francisco , Michelena Álvaro , Quintián Héctor , Jove Esteban , Casteleiro-Roca José-Luis , Leitão Paulo , Luis Calvo-Rolle José
Published: January 2022

In this research work a novel two-step system for anomaly detection is presented and tested over several real datasets. In the first step the novel Exploratory Projection Pursuit, Beta Hebbian Learning algorithm, is applied over each dataset, either to reduce the dimensionality of the original dataset or to face nonlinear datasets by generating a new subspace of the original dataset with lower, or even higher, dimensionality selecting the right activation function. Finally, in the second step Principal Component Analysis anomaly detection is applied to the new subspace to detect the anomalies and improve its classification capabilities. This new approach has been tested over several different real datasets, in terms of number of variables, number of samples and number of anomalies. In almost all cases, the novel approach obtained better results in terms of area under the curve with similar standard deviation values. In case of computational cost, this improvement is only remarkable when complexity of the dataset in terms of number of variables is high.
Toward complex observation in electron microscopy using two-dimensional electron detector coupled with phase plate STEM
Authors: Tsubouchi Misaki , Minoda Hiroki
Published: January 2022

A two-dimensional (2D) detector was used to construct phase plate STEM (P-STEM) images. Phase-contrast can be enhanced by the electron intensity inside the hole region of a thin film phase plate. The electron intensity outside the hole region also provides a dark image contrast, which is inconsistent with the weak phase object approximation. We consider that both images have scattering effects that provide a dark contrast. Therefore, scattering contrast was derived by summing these two images, and scattering effects were subtracted from each image to display negative and positive phase contrast. The resultant images are consistent with the weak phase object approximation. These results propose separating scattering (electron amplitude) and phase-contrast (electron phase) using P-STEM, along with a two-dimensional electron detector.
Pitfall in the Design and Analysis of Comparative Oncology Trials With a Time-to-Event Endpoint and Recommendations
Authors: McCaw Zachary R , Kim Dae Hyun , Wei Lee-Jen
Published: January 2022

When designing a comparative oncology trial for an overall or progression-free survival endpoint, investigators often quantify the treatment effect using a difference in median survival times. However, rather than directly designing the study to estimate this difference, it is almost always converted to a hazard ratio (HR) to determine the study size. At the analysis stage, the hazard ratio is utilized for formal analysis, yet because it may be difficult to interpret clinically, especially when the proportional hazards assumption is not met, the observed medians are also reported descriptively. The hazard ratio and median difference contrast different aspects of the survival curves. Whereas the hazard ratio places greater emphasis on late-occurring separation, the median difference focuses locally on the centers of the distributions and cannot capture either short- or long-term differences. Having 2 sets of summaries (a hazard ratio and the medians) may lead to incoherent conclusions regarding the treatment effect. For instance, the hazard ratio may suggest a treatment difference whereas the medians do not, or vice versa. In this commentary, we illustrate these commonly encountered issues using examples from recent oncology trials. We present a coherent alternative strategy that, unlike relying on the hazard ratio, does not require modeling assumptions and always results in clinically interpretable summaries of the treatment effect.
Cancer Health Economics Research: The Future Is Now
Authors: Halpern Michael T , Lipscomb Joseph , Yabroff K Robin
Published: January 2022

The goals of the “Future of Cancer Health Economics Research” virtual conference were to identify challenges, gaps, and unmet needs for conducting cancer health economics research; and develop suggestions and ideas to address these challenges and to support the development of this field. The conference involved multiple presentations and panels featuring several key themes, including data limitations and fragmentation; improving research methods; role and impacts of structural and policy factors; and the transdisciplinary nature of this field. The conference also highlighted emerging areas such as communicating results with nonresearchers; balancing data accessibility and data security; emphasizing the needs of trainees; and including health equity as a focus in cancer health economics research. From this conference, it is clear that cancer health economics research can have substantial impacts on how cancer care is delivered and how related health-care policies are developed and implemented. To support further growth and development, this field should continue to welcome individuals from multiple disciplines and enhance opportunities for training in economics and in analytic methods and perspectives from across the social and clinical sciences. Researchers should continue to engage with diverse stakeholders throughout the cancer community, building collaborations and focusing on the goal of improving health and well-being.
Jejunal intussusception due to an atypical lipomatous tumor: a rare case report
Authors: Karampa Anastasia , Stefanou Christos K , Stefanou Stefanos K , Tepelenis Kostas , Tsoumanis Periklis , Ntalapa Konstantina M , Giannouli Paraskeui , Pappas-Gogos George , Vlachos Konstantinos
Published: January 2022

Intussusception in adults is rare, and the clinical symptoms of intussusception are subtle, making the diagnosis quite challenging. Gastrointestinal lipomas are rare benign tumors and are essentially adipose growths, most frequently found within the small intestine wall or mesentery. Limited up-to-date evidence exists regarding such lipomas. Intussusception due to a gastrointestinal lipoma constitutes an infrequent clinical entity, and the diagnosis of duodenal lipoma mainly depends on endoscopy examination, supplemented by computed tomography and magnetic resonance imaging. The present report describes a case of jejunal intussusception in an adult with a history of intermittent colicky abdominal pain located in the left upper quadrant over the last month. Contrast-enhanced computed tomography of the abdomen showed the typical target sign of a small intestinal intussusception along the left upper quadrant and a well-defined, low-density tumor in the intussusception. Exploratory laparotomy revealed jejuno-jejunal intussusception secondary to a lipoma, which was successfully treated with segmental intestinal resection.
Increasing Participation in a Mobile App Study: The Effects of a Sequential Mixed-Mode Design and In-Interview Invitation
Authors: Jäckle Annette , Wenz Alexander , Burton Jonathan , Couper Mick P
Published: January 2022

Mobile apps are an attractive and versatile method of collecting data in the social and behavioral sciences. In samples of the general population, however, participation in app-based data collection is still rather low. In this article, we examine two potential ways of increasing participation and potentially reducing participation bias in app-based data collection: (1) inviting sample members to a mobile app study within an interview rather than by post and (2) offering a browser-based follow-up to the mobile app. We use experimental data from Spending Study 2, collected on the Understanding Society Innovation Panel and on the Lightspeed UK online access panel. Sample members were invited to download a spending diary app on their smartphone or use a browser-based online diary to report all their purchases for one month. The results suggest that inviting sample members to an app study within a face-to-face interview increases participation rates but does not bring in different types of participants. In contrast, the browser-based alternative can both increase participation rates and reduce biases in who participates if offered immediately once the app had been declined. We find that the success of using mobile apps for data collection hinges on the protocols used to implement the app.
The Role of National Competition Authorities
Authors: Pablo Alfonso Lamadrid de , Sinclair Ailsa
Published: January 2022

This chapter examines the role of national competition authorities (NCAs). Under Regulation 1/2003, it is not only the European Commission but also the NCAs that are responsible for enforcing the EU competition rules. Regulation 1/2003 created a system of parallel competences in which the competition rules are enforced by a network of competition authorities as well as by the national courts. Provided trade between Member States is affected, Regulation 1/2003 allows NCAs to apply Articles 101 and 102 TFEU but leaves the Member State free to determine which body will enforce the rules and which mechanism for investigating infringements and enforcing decisions will apply. Article 11(6) of Regulation 1/2003 provides that if the Commission initiates proceedings for the adoption of a decision, the NCAs no longer have jurisdiction to apply Articles 101 and 102 TFEU. Yet a central feature of Regulation 1/2003 is that NCAs may apply Articles 101 and 102 TFEU in individual cases. The chapter then considers the cooperation between the Commission and the NCAs, as well as the principles and procedures for cooperation with third countries. It also studies the ECN+ Directive, which empowers the competition authorities of the Member States to be more effective enforcers.
Opening of the File
Authors: Jörgens Konstantin , Blanco Luis Ortiz
Published: January 2022

This chapter looks at the opening of the file and of proceedings concerning infringements. Instead of spending its time processing notifications of largely benign agreements, the objective of Regulation 1/2003 was to enable the Commission to use its limited resources to crack down on serious infringements, such as cartels. The widening of the Commission's investigatory powers was precisely aimed at enhancing methods of discovering cartel activity at all levels of enforcement. However, in so doing, it is dependent on receiving information from third parties, either informally or through formal complaints. In essence, cartels and other anticompetitive practices can come to light either directly, through whistle-blowers and complaints by third parties, or indirectly, through other regulatory activities, such as sector inquiries or merger investigations. The Commission strongly encourages citizens and undertakings to inform public enforcers about suspected infringements of the competition rules as complainants. Proceedings conducted by the Commission in competition matters may be commenced by the Commission on its own initiative or in response to a complaint. Throughout the procedure, the Commission has indicated that, on its own initiative or upon request, it endeavours to give parties subject to the proceedings ample opportunity for open and frank discussions, taking into account the stage of the investigation, and to make their points of view known.
Investigation of Cases (I)
Authors: Hödlmayr Corneliu , Blanco Luis Ortiz
Published: January 2022

This chapter assesses the leniency policy. Since the 1990s, competition authorities around the world encourage companies to report their own antitrust violations in exchange for ‘amnesty’ or ‘leniency’ from fines. Simply put, leniency programmes offer companies incentives to ‘blow the whistle’ on cartels, making cartel participation riskier and creating a ‘race to confess’ in order to obtain full immunity. Such a policy is based on the recognition that while cartels rank among the most serious violations of competition rules, the collection of evidence to prosecute them is increasingly difficult. In 1996, the European Commission adopted the Notice on the non-imposition or reduction of fines in cartel cases (the 1996 Notice). Under the 1996 Notice, the first company to provide ‘decisive evidence’ of a cartel could gain between a 75 per cent reduction to full immunity from fines. The 1996 Notice was replaced in February 2002 by the ‘2002 Notice’ that changed the earlier system and was largely modelled on the US ‘amnesty’ programme. In December 2006, the leniency regime was again updated by the ‘2006 Notice’. Finally, in March 2019, the Commission launched e-Leniency, a new online IT tool designed to facilitate the filing of statements and submissions by undertakings in the context of leniency applications.
Procedures to Establish the Existence of an Infringement
Authors: Kellerbauer Manuel , Centella Marisa Tierno , Lamadrid Alfonso
Published: January 2022

This chapter studies the procedures to establish the existence of an infringement. The administrative procedure under Regulation 1/2003, which takes place before the European Commission, is divided into two distinct and successive stages, namely a preliminary investigation stage and an inter partes stage. The preliminary investigation stage covers the period up until the notification of the statement of objections. It is intended to enable the Commission, with the help of the powers of investigation provided for in Regulation 1/2003, to gather all the relevant information tending to prove or disprove the existence of an infringement of the competition rules and to adopt an initial position on the course of the procedure and how it is to proceed. By contrast, the inter partes stage, which covers the period from the notification of the statement of objections to the adoption of the final decision, must enable the Commission to reach a final decision on the potential infringement concerned. The inter partes stage involves frequent contacts with the companies subject to investigation and this is also with a view to ensuring that they have ample opportunity to comment on all elements of fact and of law which the Commission may take into account when adopting the final decision.
General Questions on Procedure
Authors: Keppenne Jean Paul , Caviedes Carlos Urraca
Published: January 2022

This chapter discusses the procedure for the control of State aid. Article 108 of the Treaty on the Functioning of the European Union (TFEU) provides for a special control system to check on the compatibility of aid. This comes largely under the control of the European Commission, which not only decides beforehand on the compatibility of new aid, but also permanently reviews existing aid schemes. As part of this latter role, the Commission, in cooperation with Member States, decides whether or not the smooth running of the internal market calls for these schemes to be altered or abolished. If so, the Commission has to follow the procedure laid down in paragraphs 1 and 2 of Article 108 TFEU when ordering the Member State(s) concerned to alter or abolish their schemes, with future effect. As regards new aid, the Commission is empowered to rule directly on its compatibility. To enable the Commission to carry out this task, Member States are bound to notify it of their aid plans before putting them into effect. Aid declared to be incompatible with the internal market by the Commission cannot be granted; if it has already been paid unlawfully, the Commission will ask the Member State in question to recover it from the undertaking that has benefited from it. National courts, moreover, have the power to enforce the obligation to notify new aid.
Control of Existing Aid Schemes
Authors: Keppenne Jean Paul , Caviedes Carlos Urraca
Published: January 2022

This chapter looks at existing aid schemes. The category of existing aid takes in the whole set of aid that can be or has been granted by Member States. The notion of existing aid aims to ensure legal certainty for Member States and recipient undertakings by guaranteeing the legality of the aid concerned. Existing aid can therefore continue to be paid as long as the European Commission has not found it to be incompatible with the internal market. The existing aid schemes in the various Member States are permanently reviewed by the Commission under Article 108(1) of the Treaty on the Functioning of the European Union (TFEU). It can propose or demand that these schemes be altered or abolished when it considers that their compatibility with the internal market is not clear. The chapter then details the procedural arrangements for the permanent review system exercised by the Commission in cooperation with Member States.
The American Convention on Human Rights
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

The American Convention on Human Rights, adopted within the framework of the Organization of American States, is the central and essential instrument of the inter-American human rights law as elaborated by the Inter-American Commission and Court of Human Rights. This treaty, adopted on November 22, 1969, with twenty-three States Parties, contains eighty-two articles that set out the rights and freedoms that States undertake to respect and protect, and establishes various protection mechanisms, including an individual complaints mechanism. However, the American Convention is much more than an international treaty. The Convention is a complex instrument, which was born in a particular context, and which reflects the inter-American human rights particularism. Of course, it is a political instrument, which was adopted in the difficult context of the revolutionary fever of the late 1960s. It is also, and above all, an instrument of progress and justice, with an unequivocal purpose of emancipation of humankind. The Convention is finally a formidable legal instrument. This treaty, as interpreted and applied by the Inter-American Commission and Court of Human Rights, has become the legal basis of a creative, sophisticated, and protective inter-American legal regime of human rights. This inter-American human rights law, whether it embodies the hope of access to justice and equality for some, to truth for others, or to the protection of the most vulnerable, is also, for the lawyer, a paradigm for what is and what must be public international law centered on humanist and progressive values.
Part I State Obligations and Rights Protected, Ch.I General Obligations, Art.2: Domestic Legal Effects
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter examines Article 2 of the American Convention on Human Rights (ACHR), which prescribes and requires specific conduct from States Parties regarding the domestic implementation of the rights and freedoms enshrined. Article 2 is located in the first chapter of the ACHR, entitled “General obligations”; it cannot be read without referring to the pivotal Article 1. Both provisions illustrate the principle of subsidiarity of the inter-American system, according to which the State is primarily in charge of the domestic implementation of human rights. Accordingly, in combination with Article 2 of the ACHR, States may be required to adopt positive measures in order to ensure rights and freedoms as to amend or reverse discriminatory situations to the detriment of certain groups of persons. Therefore, under certain circumstances, the provisions may be invoked in conjunction before the inter-American organs. The jurisprudence on Article 2 is pivotal in the transformative potential of the American Convention within the domestic systems of the States Parties.
Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.3: Right to Juridical Personality
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter investigates Article 3 of the American Convention on Human Rights (ACHR), which protects the right to recognition of every person as a person before the law. Such recognition is of importance to operate the legal distinction between a legal object and a legal subject. The importance of the right can be deduced from the fact that Article 3 is located at the opening of the ACHR, just before the protection of the right to life (Article 4) and the right to human treatment (Article 5). Moreover, Article 3 is protected against suspension in the event of emergencies, as stipulated in Article 27 of the ACHR. The right to juridical personality is therefore non-derogable under the American Convention. In addition, Article 3 has a close relationship with other rights enshrined by the Convention, such as the prohibition of slavery (Article 6), equality before the law (Article 24), and, more generally, the non-discrimination guaranteed by Article 1-1 of the ACHR. Though non-derogable, the inter-American case law regarding Article 3 is rather modest.
Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.11: Right to Privacy
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter explores Article 11 of the American Convention on Human Rights (ACHR), which protects the right to privacy, honor, dignity, and private and family life. The provision is fundamental, as it recognizes that the dignity of the human being is not only a moral value but also an individual right that shall be respected and protected by the law (Article 11-3). The provision is divided into three paragraphs. Under the first paragraph, the holder is entitled to the respect of their honor and the recognition of their dignity. The second paragraph is worded negatively and affirms the right of everyone not to be arbitrarily or abusively attacked or interfered with in one's private life, family, home, correspondence, honor, and reputation. Paragraph 3 reinforces the protection against “interference or attacks,” but again, the interference referred to are those mentioned in Paragraph 2 that leaves aside the issue of dignity.
Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.12: Freedom of Conscience and Religion
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter studies Article 12 of the American Convention on Human Rights (ACHR), which protects the freedom of conscience and of religion. The freedom of conscience and of religion is considered as one of the foundations of a democratic society and therefore occupies a key position in the international human rights law norms. Article 12-1 of the ACHR affirms the right of everyone to freedom of conscience and of religion, and specifies that this includes the freedom to maintain or to change one's religion or beliefs. Moreover, that freedom covers also the freedom to profess or disseminate one's religion or beliefs, in public or in private, individually or collectively. Article 12-2 provides that the freedom to maintain or to change one's religion or beliefs cannot be restricted. However, according to Article 12-3, the freedom to manifest one's religion and beliefs may be subject to limitations prescribed by law and necessary to protect goals such as public safety, order, health or morals, or the rights or freedoms of others. Finally, Article 12-4 protects the right of the parents or guardians to give the religious and moral education of their choice to their children or wards.
Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.15: Right of Assembly
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter reviews the freedom of assembly, which is guaranteed by Article 15 of the American Convention on Human Rights (ACHR). Article 15 of the ACHR is structured in two paragraphs. The first affirms the right of peaceful assembly in a positive way, while the second establishes the conditions under which the exercise of the right may be restricted by the State. The right to assembly is therefore by no means an absolute right and may be subject to restrictions under certain conditions. The conditions for restricting the right of peaceful assembly are commonly applicable to other rights subject to limitation and are not specific to Article 15. The three main criteria in the light of which a restriction of the right of peaceful assembly is assessed are the legality of the restriction, necessity, and the legitimacy of the aim pursued by the State when restricting the exercise of the right.
Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.16: Freedom of Association
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter discusses Article 16 of the American Convention on Human Rights (ACHR), which protects the freedom of association that aims at allowing the establishment of permanent groups. As highlighted by the inter-American organs, especially in their decisions and reports on harassments and killings of human rights defenders, the freedom protected by Article 16 cannot be guaranteed without the effective protection of other rights, such as the right to life (Article 4 of the ACHR), the rights to humane treatment (Article 5), personal security (Article 7), and freedom of expression (Article 13). The structure of the provision is based on three paragraphs whose content is rather similar to Article 11 of the ECHR. The first paragraph affirms and recognizes to “everyone” the right to associate without any interference. However, the right is not absolute, and the second and third paragraphs establish the conditions of restrictions of the freedom: Paragraph 2 indicates the requirements for a restriction to be accepted under the provision (legal basis, necessity of the restriction, and legitimate aims), while Paragraph 3 admits a special limitation status for police and armed forces members.
Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.17: Rights of the Family
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter analyzes Article 17 of the American Convention on Human Rights (ACHR), which protects the rights of the family. These rights encompass mainly the right to marry and the right to found a family. In addition, various guarantees, such as the freedom of marriage and the equality between spouses and of the children, aim at organizing and protecting the institution of marriage. This is the only provision of the Convention that protects a status regulated under private law as a human right. Article 17 encompasses five paragraphs whose aims and content are rather different. The first paragraph recognizes the family as the core community and the “fundamental group unit” of each society. As such, it must be protected by States. The second and the third paragraphs are focused on the institution of marriage based on free consent of spouses and the right to “raise a family,” while the two last paragraphs concern the domestic implementation of the “equality of rights” between spouses before, during, and after the marriage and also the special protection of children, especially in case of dissolution of marriage. In this context, Article 17-5 is unique compared to other international human rights instruments for it affirms the “equal rights” of children born in or out of wedlock.
Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.20: Right to Nationality
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter evaluates Article 20 of the American Convention on Human Rights (ACHR), which enshrines the right to a nationality. It affirms that everyone has the right to a nationality, while specifying that, in the absence of another nationality, everyone has the right to the nationality of the State in whose territory they were born. Moreover, Article 20-3 prohibits arbitrary deprivation of nationality. The provision echoes other norms previously set forth in international human rights law, but it is silent on the right to be protected against statelessness, which is the other face of the right to a nationality. Article 20 must be read in conjunction with other ACHR rights, including Articles 1-1 and 24 relating to non-discrimination and equality before the law, the right to legal personality (Article 3), the right to fair trial and access to justice (Articles 8 and 25), the right to a name (Article 18), the right to identity (Article 11), and the right of children to special protection (Article 19). The State also has an obligation under Article 2 of the ACHR to bring its domestic law into conformity with Article 20 when it is not fully compatible with the Convention.
Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.22: Freedom of Movement and Residence
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter focuses on Article 22 of the American Convention on Human Rights (ACHR), which is a very dense provision insofar as it contains several rules and is addressed to different categories of holders. Indeed, it guarantees freedom of movement and circulation, protection against arbitrary and collective expulsion, as well as the prohibition of non-refoulement, and the right to seek and to receive asylum. This provision alone contains several substantive rights that are not always protected as such by other general human rights conventions, with the exception of the African Charter on Human and Peoples' Rights. The structure of the provision is based on a balance between the individual rights' approach—the right of the individual in general, the right of the national of the State Party, and the right of the alien—and the prerogatives of the State, including the right to control the entry and stay of individuals on its territory. In order to respect this fragile balance, some of the rights and freedoms protected by Article 22 may be subject to limitations.
Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.23 Right to Participate in Government
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter looks at Article 23 of the American Convention on Human Rights (ACHR), which protects the political rights of the citizens, and most specifically their right to participate in government and public life. Article 23 contains two paragraphs. The first one recognizes “rights and opportunities” in favor of “citizens,” which is an exception to the general personal scope of the rest of the ACHR, dedicated to “all persons” under its Article 1. The second paragraph of Article 23 limits the State's margin to regulate these “rights and opportunities” based on a “law” and an exhaustive list of criteria as age, nationality, or mental capacity. Given that it allows citizens to choose their representatives—but also to sanction politically the representatives and the government for their human rights record, for instance—Article 23 can be seen as the fundamental “bridge” between the domestic and the international systems.