bluuebunny/crossref_metadata_2025 huggingface dataset:
Encefalite secundária à infecção do SARS-CoV-2
Authors: De Oliveira Brito Gabriela , Santos Losada Ana Karoline , Chaves Martins Débora , Silva Quintino Santos Maria Izabel , Damas Campos Nathália , Da Silva Magalhães Marcelo José
Published: March 2022

Introdução: Todos os processos metodológicos que envolvem a discussão sobre as complicações neurológicas da Covid-19, e em especial a encefalite, indicam que por mais que as características clínicas mais observadas em pacientes infectados pelo SARS-CoV-2 estejam associadas ao sistema respiratório, também podem ocorrer alterações sistêmicas e neurológicas nesses pacientes. Metodologia: Trata-se de um estudo de revisão integrativa da literatura realizado na BVS, PMC e UPTODATE, sendo elas bases de dados online da biblioteca virtual de saúde. Foram utilizados os seguintes descritores científicos para a captação da amostra: “Encephalitis”, “Viral encephalopathy” e “Covid-19”. A amostragem do estudo foi composta por 54 artigos, cujo qual apenas 19 artigos publicados entre as datas de setembro de 2020 a agosto de 2021 compuseram a amostra do estudo após aplicação dos critérios de elegibilidade. Foram incluídos artigos nacionais e internacionais disponíveis na íntegra. Resultados: Os resultados apresentados foram de grande significância com relação ao aprendizado dos conceitos teóricos e práticos na disciplina sobre a ocorrência dos impactos neurológicos da Covid-19. Discussão: O estudo do tema permitiu que fosse observado as complicações neurológicas da infecção do Covid-19, principalmente a respeito da encefalite e os mecanismos em que o Sars-CoV-2 dispõe para atingir o sistema nervoso central, sua epidemiologia, manifestações clínicas e o tratamento. Conclusão: Diante disso, foi mostrado como a infecção pelo vírus Sars-CoV-2 pode resultar na encefalite, além de apresentar dados importantes como os seus principais sinais e sintomas, sua prevalência e tratamento. Entretanto, ainda há pouca literatura que aborda essas repercussões da Covid-19, principalmente relacionado a encefalite. Por isso, se faz necessário abordagens e pesquisas mais aprofundadas a fim de compreender de forma mais explanada os mecanismos relacionados à entrada do vírus no sistema nervoso central e como gera tais complicações.
Effect of Targeted Nursing Combined with Psychological Intervention on Perioperative Anxiety and Postoperative Complications in Elderly Cataract Patients
Authors:   Hebei PetroChina Central Hospital, Hebei, China, Tan Huiling , Ma Xueli ,   Hebei PetroChina Central Hospital, Hebei, China, Wang Meihao ,   Yanching Institute of Technology, Hebei, China
Published: March 2022

Objective: This study aims to evaluate the application effect of targeted nursing combined with psychological intervention in the perioperative period of elderly patients with cataract, and its impact on patients’ mental state and postoperative complications. Methods: From March 2019 to April 2020, 100 elderly patients with cataract admitted to our hospital were recruited for a retrospective analysis and equally distributed into a control group and an experimental group by random draw. Routine care was given to patients in the control group, and patients in the experimental group received targeted nursing combined with psychological intervention. Comparison between the two groups has been conducted in terms of nursing effectiveness, nursing satisfaction, postoperative complication rate, QLI scores, SAS scores, SDS scores, MSSNS scores, SPEED, SEEQ results and basal lacrimal secretion after nursing for 3 days, 6 days, 10 days and 14 days. Results: The experimental group observed starkly higher nursing effective rate, nursing satisfaction rate, and QLI scores than the control group (P<0.05); Lower results of postoperative complication rate, SAS, SDS, MSSNS, SPEED, and SEEQ of the experimental group were detected in comparison with the control group (P<0.05); No statistically significant correlation between the two groups’ basal lacrimal secretion was evident after nursing for 3 days, 6 days, 10 days and 14 days (P>0.05). Conclusion: Targeted nursing combined with psychological intervention is of high application value in treating elderly patients with cataract by notably allaying the anxiety of patients and diminishing the incidence of postoperative complications.
Impact of Compulsory Exercise Rehabilitation Nursing Based on NIHSS Score on Exercise Ability and Balance Ability of Patients with Cerebral Infarction
Authors:   Shiyan Maternal and Child Health Hospital affiliated to Hubei University of Medicine, Shiyan, Hubei Province, China, Li Yansong , Shang Li ,   Shiyan Maternal and Child Health Hospital affiliated to Hubei University of Medicine, Shiyan, Hubei Province, China, Zhou Li ,   Shiyan Taihe Hospital affiliated to Hubei University of Medicine, Shiyan, Hubei Province, China
Published: March 2022

Objective: To analyze the impact of compulsory exercise rehabilitation nursing (constrained-induced movement therapy (CIMT) based on the National Institute of Health Stroke Scale (NIHSS) score on exercise ability and balance ability of patients with cerebral infarction (CI). Methods: A retrospective analysis was conducted on the clinical data of CI patients admitted to our hospital in the past year. Totally 210 patients were selected as the research subjects and assigned equally to the control group and the CIMT group. The control group was given conventional exercise rehabilitation nursing, and the CIMT group was treated with compulsory exercise rehabilitation nursing for 2 cycles of 7 days. The NIHSS scores of the two groups were compared and analyzed. Results: The NIHSS scores of the CIMT group were lower than those of the control group. The arm movement score of the CIMT group (2.1±1.8) was found to be markedly lower than that of the control group (4.5±2.1) (P<0.001). The CIMT group presented a significantly lower leg movement score (2.5±2.1) and a remarkably lower score of limb ataxia (0.6±0.5) compared to those of the control group (P<0.05). The CIMT group outperformed the control group in terms of the 8 NIHSS scores (P<0.05). Conclusion: Compulsory exercise rehabilitation nursing is effective in upgrading the level of arm and leg movement of CI patients, improving their limb ataxia, and reducing their overall NIHSS score, which facilitates the recovery of exercise function and balance ability of CI patients, so it merits extensive clinical application.
HERMENEUTIKA FILSAFAT DAKWAH
Authors: Widoyo Agus Fatuh
Published: March 2022

Da’wah is a commandment of Allah swt to Muslims. Da'wah must be understood not only to convey, but more broadly, such as da'wah as an action whose essence through action is expected to bring change, especially in social life. Da'wah as a science needs to be developed and researched continuously to produce formulas for da'wah methods that are in accordance with the times, but still based on ethics that are in accordance with the times, but still based on ethics and standard syara' provisions. Empirically, da'wah science can be classified as a social science (social science) according to some experts. Therefore, hermeutics can be the basis and basis of epistemology in the development of the da'wah sciences.
Pineal gland: structural variants and their role in neurological and psychiatric disorders
Authors: Shilova Anastasia V. , Ananyeva Natalia I. , Safonova Natalia Yu. , Lukina Larisa V.
Published: March 2022

The pineal gland is a small and poorly studied neuroendocrine gland located in the epithalamus. There is growing interest in the pineal gland due to its role in regulating human biological rhythms, which is associated with melatonin production, and its close neuroendocrine link between the brain's hormonal and neurally mediated activity. The paper examines the anatomical and physiological features of the pineal gland, its structural variations, and the role of the melatonin it produces in the pathogenesis of several mental and neurological disorders.
The Addenbrooke’s Cognitive Examination III (ACE-III): linguistic and cultural adaptation into Russian
Authors: Varako Natalia A. , Arkhipova Daria V. , Kovyazina Maria S. , Yusupova Djamilya G. , Zaytsev Aleksander B. , Zimin Aleksey A. , Solomina Anastasiia V. , Bundhun Pratish , Ramchandani Nicha M. , Suponeva Nataliya A. , Piradov Mikhail A.
Published: March 2022

Introduction. Timely identification of cognitive impairment is very important, with standardized screening instruments required to assess the cognitive status. However, the arsenal of such screening scales available to clinicians in Russia is limited and requires expansion. According to numerous international studies, the Addenbrookes Cognitive Examination III (ACE-III) has the necessary sensitivity and specificity, which speaks well for developing and validating a Russian language version. The aim of the study was the linguistic and cultural adaptation of the Addenbrookes Cognitive Examination III (ACE-III). Materials and methods. A forward and back translation was performed of three versions of the scale and the scoring guidelines. A preliminary version of the ACE-III was developed, pilot testing of the preliminary version was conducted, and a final Russian language version was then developed with the help of a philologist/linguist, and experts in neuropsychology and neurology, who work specifically with patients with cognitive impairments. Pilot testing of the preliminary version of the ACE-III involved 16 neurological patients at the Research Center of Neurology and the Pirogov National Medical and Surgical Centre, who were aged 3774 (60.25 10.8) years and 56% of whom were women. The patients clinical condition corresponded to the diagnostic criteria for cerebrovascular disease (n = 12), Parkinson's disease (n = 3) and spinocerebellar ataxia (n = 1). Results. Neither the subjects nor the examiners had any difficulty in understanding the instructions or the content during testing. Further work was done based on the results of the pilot testing, and three final versions of the scale (A, B and C) were accepted, as well as the scoring guidelines, a link to which is provided in the article. Conclusion. The obtained results indicate that the developed version of the ACE-III can be understood by the Russian-speaking population and can be used in clinical practice. At the time of article publication, research is being conducted to assess the psychometric properties of the final Russian language version.
Effect of Physical Therapy Treatment in Knee Osteoarthritis with and without Wedge Insole: Randomized Controlled Trial
Authors: Mohammad Shah Syed , Ashraf Naveeda , Hassan Danish , Waseem Akhtar Muhammad
Published: March 2022

The purpose of this study was to determine the effects of physical therapy treatment in knee osteoarthritis with and without wedge support.Methods: This randomized controlled trail was conducted at Outpatient Department of Physical Therapy, Mayo Hospital, Lahore and Mid City Hospital, Lahore. Eighty patients with knee osteoarthritis were selected using a predefined inclusion and exclusion criteria and randomly allocated in two treatment groups; Group A (Routine physiotherapy treatment) and Group B (Routine physiotherapy with wedge insole). Outcome were recorded at the start and at the end of treatment at 3 weeks in terms of pain and disability as recorded on Numeric Pain Rating Scale (NPRS) and Western Ontario and McMaster Universities Osteoarthritis Index (WOMAC) respectively. The collected data was entered and analyzed using SPSS v25 with p value < 0.05 as significant.Results: At the end of the third week, there was a statistically significant difference between the two treatment groups in terms of VAS (Mean Difference 1.55; p value 0.05) and WOMAC (Mean Difference 5.53; p value 0.0001). A statistically significant difference in before and after treatment VAS and WOMAC score was also noted within each group with p value <0.0001.Conclusion: In comparison to conventional physical therapy alone, adding wedge insoles to the routine physical therapy treatment of Knee Osteoarthritis results in better pain relief and function improvement.
Increase in body dysmorphia and eating disorders among adolescents due to social media
Authors: Rizwan Bahisht , Zaki Manahil , Javaid Sumaiya , Jabeen Zara , Mehmood Minahil , Riaz Mahesayam , Maqbool Laiba , Omar Hamda
Published: March 2022

In this review, analysis of the studies pertaining to the role of social media in body dissatisfaction eventually leading to body dysmorphia and eating disorders was conducted.Objective:The aim was to review how social media creates the urge of attaining unrealistic body images which is impossible in real life but possible in real-life.Methods:Different search mediums including PubMed, Sciencedirect, and Google Scholar were used in order to find out the effects of social media in influencing body dissatisfaction. The inclusion criteria were based on the selection of research articles from 2014-2021 which correlated social media with eating disorder & body dysmorphia. Additionally, the articles that were not original researches, abstract only and not in English were excluded. After exclusion of irrelevant sources, duplicated article, abstract only& articles published before 2014, Total 25 articles were selected for the purpose of systematic review. Result:As per this systematic review, body dysmorphia & eating disorders were related to high levels of social media addiction. Moreover, how much social media has negatively impacted both the physical health of young adults especially in regards to disordered eating patterns as well as mental health. Social comparison in order to attain unrealistic images on social media resulting in body dysmorphia and body dissatisfaction.Conclusion:By reviewing different studies and finding out the effects of social media in body dysmorphia it is revealed that social media can highly influence various types of eating disorders like anorexia nervosa, bulimia nervosa and binge eating disorders.
Bigarren hizkuntzen didaktikaren berrikuntza mapatzea: eremu bateko nodoak eta ertzak
Authors: Herrera Jiménez Francisco José , Pujolà Joan-Tomàs
Published: March 2022

Bigarren hizkuntzen didaktikaren berrikuntza mapatzea dute helburu dute egileek artikulu honetan, alegia, eremu hori nolabait irudikatu eta osagai desberdinak bertan kokatzea irakasle zein ikertzaileek errazago esploratu ahal izan dezaten. Izan ere, teknologien hedapenak eta erabilerak, zientzia kognitiboen nahiz ikaskuntzari buruzko teorien ekarpenekin batera, badute eraginik hizkuntzen ikas-irakaskuntzan. Hala, hezkuntza berritzeko nodo nagusietako batzuk aurkezten dituzte (esaterako nonahiko ikaskuntza, jardun bikoa, sarekoa, transmedia edota gamifikazioa) eta horietako bi edo gehiago elkartzen dituzten hiru ertz lantzen: truke birtuala edo telelankidetza, ikasgela iraulia (edo flipped classroom) eta norberaren ikas-alorra (NIA edo PLE). Bukatzeko, hiru ikerketa-lerro zertzelatzen dituzte, berrikuntza, irakaskuntza-praktika eta bigarren hizkuntzen ikaskuntza landutako ikuspegiaren arabera aztertzen segitzeko.
Hezkuntza-berrikuntza hizkuntza-ikasgelan. Bide posibleak
Authors: Torres Lola , Ruiz Torres Vanessa
Published: March 2022

Artikulu honetan, hizkuntzak irakasteko eta ikasketa-prozesuei heltzeko ibilbide-mapa bat aurkeztuko da, ikasleen arteko komunikazioa zein elkarlaneko ikaskuntza aktiboa sustatzen duten hezkuntza-esperientzia berritzaileetatik abiaturik. Hori horrela, "berrikuntza" kontzeptua aztertuko da hasteko eta behin, hezkuntza-eremuan dituen inplikazioak kontuan hartuz. Ondoren, ikasgelako esperientzia berritzaileen diseinuan inplikatutako trebetasunak eta jarrerak nabarmenduko dira. Halaber, ikaskuntza esanguratsurako gako batzuk iradokiko dira, baita hizkuntzak irakasteko eta ikasteko hainbat jardunbide egoki ere. Testua amaitzeko, praktika bat ebaluatzeko moduari buruzko gogoeta egingo da, benetan berritzailea ote den egiaztatzeko.
Erosotasun-gunetik harago: hizkuntza-aniztasuna, itzulpena eta bitartekotza, gaitasun eleaniztuna sustatzeko
Authors: Muñoz-Basols Javier
Published: March 2022

Azpititulatutako telesailak ikustean edo kanta ezagunen hitzak atzerriko hizkuntza batean ikastean gertatzen den bezala, hedabideek errealitate eleaniztun globalak adierazten dituzte. Dena den, ez dago beti argi irakasleek nola aprobetxa ditzaketen ikasleen hizkuntza-aniztasunasunaren esperientzia horiek atzerriko hizkuntzako ikasgelan. Itzulpengintza irakasteko orduan ikuspegi multilingual bat txertatzea baliagarria izan daiteke ikasleei erakusteko itzulpengintzako arazo bat nola ebatz daitekeen hainbat hizkuntzatan. Horrek hizkuntza-aniztasunaz kontzientzia hartzen laguntzen du, eta gaitasun eleaniztunak sustatzen ditu, ikasleek hizkuntzen arteko antzekotasunak eta desberdintasunak identifikatu behar baitituzte, eta hizkuntzen eta kulturen arteko loturak egin. Artikulu honetan, ikas-unitate bat aurkeztuko dut, auto-hausnarketa eta ikus-entzunezko itzulpen eleaniztuna (IEIE) lantzeko jarduerez osatua, eta hizkuntza-aniztasuna atzerriko hizkuntzako curriculumean txertatzeko eta irakasleak trebatzeko erabil daitekeena. Horrelako programa batek hizkuntza-aniztasunarekiko eta eleaniztasunarekiko kontzientzia garatzeko zenbait modu eskaintzen dizkie irakasleei, eta irakasleak eta ikasleak beren erosotasun-gunetik harago joatera bultzatzen ditu, testuen itzulpen eleaniztunak jorratzen dituztenean.
Październikowa odwilż 1956 roku w dokumentach pułtuskiej PZPR. Wybór źródeł
Authors: Wiśniewski Krzysztof
Published: March 2022

Artykuł jest publikacją źródłową poświęconą – wciąż niedostatecznie rozpoznanym – skutkom wydarzeń października 1956 r. na mazowieckiej prowincji. Po części wstępnej, w której w skrócie omówiono treść publikowanych materiałów źródłowych oraz zasady ich wydania, następuje edycja pięciu dokumentów wytworzonych przez Komitet Powiatowy Polskiej Zjednoczonej Partii Robotniczej w Pułtusku w okresie październik 1956 r. – styczeń 1957 r. Zapisy wewnątrzpartyjnych dyskusji są doskonałym źródłem historycznym do poznania poglądów prowincjonalnego aktywu na funkcjonowanie PZPR i administracji państwowej, ich opinii o popełnionych „błędach i wypaczeniach” w okresie stalinizmu, jak i o drogach rozwoju w przyszłości. Dostarczają też wielu ciekawych informacji na temat stanu gospodarczego powiatu.
The relationship of the EC courts with other international tribunals: Non-committal, respectful or submissive?
Authors: Bronckers Marco
Published: March 2022

This article inquires how the EC courts deal with judgments of other international courts and tribunals, such as the European Court of Human Rights, WTO tribunals, and panels set up by the EC’s proliferating number of bilateral agreements. Having reviewed the case law to date, the essay focuses on one question in particular: should the EC courts consider themselves bound by rulings of other international tribunals? Although the ECJ recognized in the early 1990s that it might be so bound, to date it has never accepted this in actual case. The article submits that, in the absence of a specific instruction in a particular international agreement, there are strong reasons for the EC courts not to bind themselves a priori to rulings of other international tribunals. The EC Courts should normally follow the rulings of the international tribunal, but should keep the power to deviate from another international ruling in narrowly defined circumstances. Reference is made to the practice of national courts. Allowing the EC courts to perform such limited checks and balances should not weaken the Community’s credibility as a reliable negotiating partner. It will also facilitate the domestic reception of international law in the EC legal order.
Implementing framework decisions
Authors: Borgers Matthias J.
Published: March 2022

Within the European Union, framework decisions have been developing at a steady pace since the year 2000. Obligations ensue from these framework decisions for the Member States, if necessary, to adjust their own national laws and regulations in the manner prescribed by the framework decisions. The obligation to make the necessary adjustments to national regulations is enshrined in Article 34(2)(b) TEU. When it comes to implementation, framework decisions show similarities to directives. According to Article 249(3) EC, directives are also binding as to the result to be achieved, but the choice of the form and methods of implementation is left to the Member States. In the case law of the European Court of Justice, relatively detailed rules have been developed on implementing directives. This case law defines the freedom of choice that Article 249(3) EC allows the Member States in more detail. This article centres on the question whether norms (or principles) – similar or not to the rules developed for directives – can also be identified which the Member States must observe in implementing framework decisions.
Unravelling the services Directive
Authors: Barnard Catherine
Published: March 2022

The Services Directive 2006/123 was the legislative equivalent of a hot potato. The idea behind it was simple: to reduce the volume of authorizations and other paperwork which stood in the way of freedom of establishment and freedom to provide services for out of State service providers, and to set up systems of administrative support, notably Points of Single Contact, to help these entrepreneurs navigate their way through the bureaucracy that remained. Yet this simple idea became embroiled in much large debates about the future direction of an enlarged Europe. Trade unions, in particular, were able to raise the spectre of widespread social dumping if the original draft of the Directive was adopted. The Parliament’s intervention proved crucial: its compromise text formed the basis of the final draft. This article examines the context in which the Directive was adopted, analyses the substance of its provisions and examines the impressive regulatory toolkit deployed to achieve its results.
Developments in EC competition law in 2007: An overview
Authors: Mes Daniel , Brouwer Onno W. , Goyder Joanna
Published: March 2022

This article summarizes the main legal developments in the field of competition law during 2007. It is in 8 sections: (1) introduction, (2) legislation and policy initiatives, (3) general enforcement issues, (4) vertical restraints, (5) cartels and cooperation between competitors, (6) abuse of dominance, (7) merger control and (8) conclusion and outlook. While there have been no major legislative or policy documents of general application, the year has been marked by a number of interesting developments in individual cases, both as regards the application of Articles 81 and 82 and merger control. Highlights in the area of Articles 81 include the refusal by the CFI in Akzo to extend the scope of legal privilege, the first judicial pronouncements on the Article 9 commitments procedure in Alrosa, and many significant cartel appeal judgments. As for Article 82, Commission decisions have been upheld by the ECJ in British Airways, and the CFI in Wanadoo and, most significantly, in Microsoft. In the field of merger control the Commission has issued new and revised guidance documents and has taken a number of important decisions, including the prohibition of the Ryanair/Aer Lingus merger. In addition the CFI, in Schneider, for the first time awarded damages based on a wrongful prohibition by the Commission of a transaction.
Legal challenges for transatlantic economic integration
Authors: Herdegen Matthias
Published: March 2022

Although EU–US trade constitutes the largest economic relationship in the world, the level of formal bilateral regulation remains strikingly low. It is true that cooperation has worked a considerable degree of regulatory convergence. On the other hand, different legal perceptions, conflicting regulatory philosophies and a plethora of divergent standards for goods and services continue hampering transatlantic trade. There are grounds for basing transatlantic economic integration on a broader basis by bilateral treaties, and one could even contemplate a comprehensive free trade agreement which would also provide stability against the ups and downs of political relations.
Free Movement of Persons between Turkey and the EU: To Move or not to Move? The Response of the Judiciary
Authors: Tezcan/Idriz Narin
Published: March 2022

The article provides an overview of the recent ECJ case law concerning free movement of persons under the EEC-Turkey Association Agreement (Ankara Agreement) in the following four areas: admission to a Member State; the right to residence in a Member State; the right to equal treatment; and expulsion from the territory of a Member State. To place the legal regime created by the Ankara Acquis (comprising the Ankara Agreement, its Additional Protocol, Association Council Decisions and the ECJ case law) in the wider legal context of Community law, rights enjoyed by Turkish nationals in these areas are compared to the rights enjoyed by other third-country nationals as well as Union citizens, especially in relation to free movement of workers, conditions of work, education, social security and protection against expulsion. Tum and Dari and Soysal, the most recent and interesting cases generated around the “standstill clause” of the Additional Protocol, are analysed in detail in the first part of the article. The wider implications of these judgments on the visa policies of various Member States, as well as the potential of future developments in the area of freedom of establishment and freedom to provide services under the Ankara Agreement are also examined.
Discretion, Scope of Judicial Review and Institutional Balance in European Law
Authors: Fritzsche Alexander
Published: March 2022

This article undertakes an inquiry into the jurisprudence of the Community courts (now the EU courts) discretionary powers and the scope of judicial review, revealing that although they are aware of the issue, they do not address it in depth and leave crucial things unsaid.

On the basis of this inquiry, a framework is presented in which discretion and scope of judicial review can be analysed as an issue of horizontal division of tasks and powers between the European courts and the other EU institutions and therefore as part of the general principle of institutional balance. For that purpose, discretion is defined as the administrator’s competence to decide with highest authority about the application of the law to a specific fact pattern resulting from both the absence of precise statutory predetermination and subsequent de novo decision by controlling administrative courts. While the institutional balance between the courts and the other institutions is primarily determined by the attribution of tasks and competences to them by primary and secondary EU law, it unfolds normative power whenever these provisions leave gaps or uncertainties. It is argued that in such cases functional criteria can be utilized to “fine-tune” the institutional balance. The institution that is best suited in terms of organization, composition, function, legitimation, and procedure shall then decide a certain aspect with highest authority. Finally, this approach is applied to the joint application of Articles 101, 102 TFEU to specific cases by the European Commission and the General Court, trying to establish what complex economic facts are and give reasons why the GC must defer to the Commission whenever those facts have to be appraised.
What’s wrong with OLAF? Accountability, due process and criminal justice in European anti-fraud policy
Authors: Groussot Xavier , Popov Ziva
Published: March 2022

Although OLAF has numerous areas of activity – such as performing coordination, assistance and monitoring functions, improving cooperation with and between the Member States and developing anti-fraud policy – its investigation function is of prime importance. When OLAF carries out internal and external investigations, it should obviously do so with integrity, impartiality and professionalism, respecting above all individuals’ fundamental rights and freedoms. Unfortunately, this is not always the case in practice. OLAF is indeed in a delicate position and has to balance the effectiveness of its investigations and the so-called “culture of accountability”. Problematically, the judicial review of OLAF’s acts is still very weak and the action in damages is often the only remedy available to the persons in the investigatory process. This lack of protection has been a matter of constant worry since OLAF’s establishment. The case law of the Union judicature is nowadays particularly active and rather progressive when it comes to the protection of the rule of law within OLAF’s investigations. Notably, the Civil Service Tribunal has delivered some very innovative rulings on this matter which depart from the mainstream case law. This judicial tension reflects, arguably, a deeper malaise. Perhaps, an institutional reform should be undertaken. This is all the more true since the Lisbon Treaty clearly brings to us new perspectives on the protection of Union financial interests, for instance developments in EU criminal law and the possibility of a European Public Prosecutor.
The Clash of the Titans: The Relation Between the European Water and Medicines Legislation
Authors: Keessen Andrea , Freriks Annelies , van Rijswick Marleen
Published: March 2022

Clashes between different types of European legislation are hard to prevent, because the objectives of the EU all have equal ranking. The question is therefore how clashes can be resolved. The article analyses this issue, taking the clash between water and medicines legislation as an example. The regulatory challenge that lies at the basis of this clash is the integration of environmental concerns into internal market legislation. Ideally, this should lead to less water pollution without hindering the free movement of authorized medicines on the internal market. Yet the environmental assessment of medicines in its current form mostly resembles an additional bureaucratic hurdle in the European authorization procedures, instead of improving water protection. This detailed case study offers valuable insights into the role of regulation and governance techniques in reconciling regulatory challenges under EU law. For instance, it shows that the introduction of regulation may not be sufficient to achieve an objective. It argues that the combination of regulation and the governance instruments access to information and public participation is key to reconcile a regulatory challenge. Another conclusion is that action should be taken at the European level to provide for more coherence between European legislative acts from different sectors in order to enable the Member States to meet the objectives of these acts. Finally, recommendations are provided that specifically apply to the case at hand.
The constitutional allocation of powers and general principles of EU law
Authors: Lenaerts Koen , Gutiérrez-Fons Jose A.
Published: March 2022

The present contribution supports the contention that general principles of EU law do not operate as an unstoppable centripetal force at the service of an activist judiciary. Quite the contrary, when having recourse to general principles, the ECJ strives to preserve the vertical and horizontal allocation of powers sought by the authors of the Treaties. Horizontally, the ECJ distinguishes between matters pertaining to the province of constitutional law and those which are subject to legislative discretion. Stated differently, general principles of EU law are applied without encroaching upon the competence of the EU legislature. Vertically, the ECJ is respectful of the constitutional traditions of the Member States but not to the extent of foregoing the basic constitutional tenets of the Union. General principles seek to create a “common constitutional space” where EU and national law engage in a dynamic dialogue which gives rise to a mutual influence between the two levels of governance. Hence, as instruments of constitutional dialogue, general principles facilitate the constant renewal of the EU legal order, epitomising the ‘EU’s living constitution’.

The article examines the horizontal direct effect of general principles, paying attention to the gap-filling function of general principles, and their role in consistent interpretation and as grounds for review, in a situation of constitutional pluralism.
Precautionary regulation of chemical risk: How REACH confronts the regulatory challenges of scale, uncertainty, complexity and innovation
Authors: Somsen Han , Fleurke Floor
Published: March 2022

In this article, we provide an in-depth analysis of the Regulation concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). Measured by the economic importance of the European chemicals industry and the environmental and health risks associated with it, the Regulation probably represents the most important piece of EU environmental regulation to date.

We argue that the precautionary approach embodied in REACH has triggered a radical departure from past regulatory efforts that failed effectively to engage with contemporary regulatory challenges of scale, uncertainty, complexity and innovation. In effect, REACH is shaping a promising EU regime of responsive co-regulation that is without precedent in the forty-year history of EU environmental law. We believe that the success of this regime will not only determine the effectiveness of EU chemicals regulation, but more generally will come to determine the way in which EU regulation is likely to respond to a host of new technologies that shape our technological modernity.
French supreme courts and European Union law: Between historical compromise and accepted loyalty
Authors: Mehdi Rostane
Published: March 2022

Over the past few months, the relations between French supreme courts and EU law seem to have entered an era of reassuring transparency and clarity. This contribution will mainly focus on two rulings rendered by the French supreme courts ("Conseil d'Etat" and "Cour de cassation"), each dealing with an aspect of the relations between national and EU law. The Perreux ruling rendered by the Conseil d'Etat put an end to one of the oldest disputes between itself and the European Court of Justice: the obstinate refusal, since 1978, to recognize the direct effect of directives. By its Melki ruling, the Cour de Cassation made a reference for a preliminary ruling to the ECJ regarding, inter alia, the compatibility of the new French "priority preliminary ruling on the issue of constitutionality" (PPRC) mechanism with EU law. The article tries to show how, in the light of a real rule of reason, the national courts and the ECJ managed to specify the terms of a relationship structured around an unyielding necessity: the protection of fundamental rights. This virtuous dialogue is itself structured by procedural systems which contribute to strengthen decisively the coherence of the European legal order.
Half full and half empty glass: The application of EU law in Poland (20042010)
Authors: Lazowski Adam
Published: March 2022

Poland joined the European Union on 1 May 2004 and the first wave of EU-related litigation reached the Polish courts soon after. The question that this article tries to answer is whether Polish judges are willing and able to serve as EU judges and give EU law effect. The emerging picture is mixed. On the one hand, there is a growing volume of court decisions calling for praise, on the other hand some decisions are not exactly the finest hour of the Polish judiciary. The article starts with an overview of EU-related judgments of the Polish Constitutional Tribunal. It then turns to the application of fundamental tenets of EU law by other Polish courts. This is followed by a discussion of issues raised under the preliminary ruling procedure and an overview of selected references submitted by Polish courts, including problems of translation, and question of temporal scope of EU law.
Money for nothing: The case law of the EU Court of Justice on the regulation of gambling
Authors: Cuyvers Armin , Van den Bogaert Stefaan
Published: March 2022

In a series of recent judgments, the Court of Justice has developed its approach to games of chance and online gambling. It has made it clear it will not use the EU free movement of services provisions to liberalize the internal market for games of chance. Member States are given a remarkable discretion to regulate gambling services. To this end, the Court applies its standard test for restrictions very flexibly, including even an interesting moral strand, on the basis of overriding reasons in the general interest and objectives of combating fraud and gambling addiction. The remaining scrutiny is essentially left to the national courts. As far as the award of licences is concerned, the requirements of transparency are applied more strictly, which may have a significant impact on market access. This contribution provides a thorough analysis of the EU framework now in place for games of chance. In addition, it proposes some general guidelines for the needed political, legislative activity at the EU level. Such activity could enhance both revenue and Member State control over gambling services, whilst allowing cooperation between them to achieve their individual objectives.
Public procurement in the EU: Jurisprudence and conceptual directions
Authors: Bovis Christopher
Published: March 2022

The present article reviews the emerging conceptual themes from the case law of the European Court of Justice which have triggered the revision of the public procurement Directives, and the alignment of the public procurement acquis with the Europe 2020 Growth Strategy. The Court's jurisprudence has instrumentally influenced the interpretation of public procurement legal concepts such as contracting authorities, the remit of selection and qualification criteria, the parameters for contracting authorities to use environmental and social considerations as award criteria and the principles which underpin the remedies in the award of public contracts.

However, the exhaustive harmonization which is inherent in the public procurement directives has caused significant porosity and limitations in the effectiveness of the public procurement acquis. Service concessions, contracts awarded by a contracting authority to another contracting authority on the basis of exclusive rights, public-public partnerships and in-house contractual relations, and contracts which fall below the stipulated value thresholds all reflect upon the forthcoming reforms of the public procurement regime.
From a status to a transaction-based approach? Institutional design in European contract law
Authors: Cafaggi Fabrizio
Published: March 2022

The Common European Sales Law (CESL), currently under examination at the European Parliament, is intended to introduce a regime for cross-border sales that individual Member States can extend to domestic transactions (Art.13), aiming to promote harmonization by choice rather than by command.  It constitutes an opt-in system that parties can adopt (Art.8), as an alternative to the CISG in B2B transactions, and an alternative to national regimes in B2B transactions.

 

The analysis of pre-contractual information in European contract law (ECL), with special reference to the CESL, is used to substantiate a broader claim: the weakness of a status-based approach to ECL and the desirability to move to a transaction-based approach, including reference to supply chains.  The intuition is that the determination "if" and "how" disclosure should occur is, in both cases, a consideration primarily dependent on the type of transaction parties engage in, whether it is a standardized or a customized one.  Only within this distinction might, the status of the parties play a role.  This essay suggests a shift from status to transaction, with the sales regime organized around transaction technologies.  Such a change will not eliminate the differences between consumer and business contracts but will reverse the order, with status as a potential sub-variable of the type of transaction.
Harmonization of intellectual property law in Europe: The ECJ trade mark case law 20082012
Authors: Kur Annette
Published: March 2022

ECJ trade mark case law has been very rich in the past five years that are covered in this survey. While certain fundamental issues, such as the general concept of distinctiveness and descriptive character of marks as well as the assessment of likelihood of confusion were clarified already in the past, more recent decisions have elaborated on more sophisticated issues, such as the impact of trade mark functions on the scope of protection, which became relevant in particular in the context of marks being used in comparative advertisement as well as in keyword advertising. Other topics addressed in ECJ case law were, inter alia, exclusion from protection of product shapes conferring substantial value on the goods, as well as application in bad faith, infringement by goods entering the EU on transit, and the requirements for genuine use of a mark in the Community. The latter topic also figured strongly in political debates accompanying the current preparations for a major legislative overhaul of the European trade mark system. Commission proposals for amendment of the Community Trade Mark Regulation and the Trade Mark Directive were published at the end of March 2013 and will likely trigger more debates before the reform projects are ultimately concluded.
Clash of autonomous legal orders: Can EU Member State courts bridge the jurisdictional divide between investment tribunals and the ECJ? A plea for direct referral from investment tribunals
Authors: von Papp Konstanze
Published: March 2022

Investor-State arbitration based on intra-EU BITs is often seen as a threat to the ECJ's authoritative power of interpretation, because relevant questions of EU law may never reach the ECJ. This, however, is only true if investment treaty arbitration is treated in the same way as commercial arbitration, where arbitral tribunals are not allowed to make preliminary references to the ECJ (see Nordsee and Eco Swiss). This conventional approach, as illustrated by the recent case of Eurekov. Slovak Republic, relies on the supervisory powers of the EU Member State courts in international (commercial) arbitration, focusing on the reviewability of EU public policy.

This article argues that the case law of the ECJ could be interpreted in a way that would allow investment tribunals to make direct references for a preliminary ruling. If references from investment tribunals to the ECJ were allowed, as a matter of law, there would be no bypassing of the ECJ and therefore no threat to the EU judicial system. The advantages of the proposed system of direct referral would be that investment tribunals could refer any question of EU law at any stage of the arbitration proceedings. This would enhance the role of EU law and alleviate the risk that any final award eventually proves unenforceable within the EU for breach of EU public policy. This would not only be more efficient but also create legal certainty and better respect investment treaty law and arbitration within the EU.
The EU market rules as social market rules: Why the EU can be a social market economy
Authors: Damjanovic Dragana
Published: March 2022

This paper challenges the "structural social deficit of the EU treaties" argument, referred to also as the asymmetry of economic and social integration within the EU. It shows that in relation to the Member States social policies the EU market rules (competition and State aid law, the free movement rules and deduced from them the public procurement rules) can be also read as social market rules, particularly after the revisions made by the Lisbon Treaty. I.e., this set of norms does not necessarily lead to a destabilization (by de-regulation, liberalization or privatization) of the Member States' welfare regimes, but allows for the inclusion of these systems into the internal market and insofar for the creation of a social market economy in the EU. The thesis is substantiated by a legal analysis of the EU negative welfare integration process structured along the different layers of the EU market rules at which that inclusion is legally implemented: their scope of application, the proportionality test and their impact when enforced.

The EU market rules as social market rules - why the EU can be a social market economy*
Private law enforcement through ADR: Wonder drug or snake oil?
Authors: Wagner Gerhard
Published: March 2022

If law is to make a difference in the real world, enforcement is crucial. Consequently, enforcement issues have always loomed large in European law. In light of this tradition, the approach of Directive 2013/11/EU on Alternative Dispute Resolution for Consumer Disputes is not without problems. After all, ADR was thought to be an "alternative" to dispute resolution in court, precisely because it did not aim for strict application of the law. The present article analyses the framework set up by the Directive and puts it to the test in the light of law enforcement: will ADR help to improve the enforcement of consumer law in Europe or will it rather dilute the incentives generated by the substantive law? This paper concludes that ADR is an inadequate means of law enforcement.
Whos in and whos out? The Courts emerging case law on the definition of a refugee
Authors: Drywood Eleanor
Published: March 2022

This article considers recent ECJ judgments addressing the definition of a refugee found in the 2004 refugee qualification Directive, itself heavily drawing on the 1951 Geneva Convention Relating to the Status of Refugees. Refugee law is a relatively new area of competence for the EU; these cases represent the emergence of a jurisprudence on refugee law and the Geneva Convention. An outline of the relevant decisions is given and their mixed reception, from the perspective of the Court's sensitivity to international refugee law is highlighted. It is argued that these cases can best be explained with reference to the nature of the EU's competence in relation to refugee law and the political factors involved. The article then highlights the potentially crucial role of the ECJ in shaping global standards of refugee law, due to both the predominant crucial role of judicial interpretation in the development of the Geneva Convention, and the powerful force of the Court's rulings thanks to their binding nature and the primacy of Union law.
Of pragmatism and principles: The EEA Agreement 20 years on
Authors: Franklin Christian N.K. , Fredriksen Halvard Haukeland
Published: March 2022

For more than 20 years, the Agreement on the European Economic Area (EEA) has extended the EU internal market to the participating Member States of the European Free Trade Association (EFTA). However, recent reviews of the Agreement have revealed that its functioning is not as smooth as previously thought, particularly as far as the incorporation of novel EU legislation into the Agreement and its subsequent implementation into the legal orders of the EFTA States are concerned. Furthermore, the relationship between the EFTA Court and the national courts of the EFTA States has been exposed as rather uncooperative in nature. In addition, developments in EU law related for example to citizenship, the Charter of fundamental rights, the blurring of the lines between the internal market and other parts of EU law, and "agencification" within the EU, all add new challenges to the EEA. Sooner rather than later, a general overhaul of the Agreement is required.