bluuebunny/crossref_metadata_2025 huggingface dataset:
Pre- and Post-Ischemic Administration of Dizocilpine (MK-801) Reduces Cerebral Necrosis in the Rat
Authors: Rod M.R. , Auer R.N.
Published: July 2016

The purpose of this study was to determine the effectiveness of the non-competitive N-methyl-D-aspartate receptor antagonist dizocilpine, or (+)-5-methyl-10,l l-dihydro-5H-dibenzo(a,d)cyclohepten-5,10-imine (MK-801) in mitigating ischemic neuronal necrosis in the rat. Ten minutes of transient forebrain ischemia was induced by a combination of bilateral carotid clamping and hypotension to 50 mm Hg. Control animals received intravenous saline, whereas treated animals received dizocilpine, either 1 mg/kg iv 20 min. pre ischemia, 1 mg/kg iv 20 min. post ischemia, 10 mg/kg iv 20 min. post ischemia, 10 mg/kg ip 2 hrs. post ischemia, 10 mg/kg ip 24 hrs. post ischemia. The groups receiving dizocilpine before or up to 20 min. after ischemia all showed a significant reduction in the number of dead neurons as assessed by quantitative histopathology in hippocampus, caudate nucleus and cerebral cortex after one week of recovery. However, dizocilpine administered either 2 or 24 hrs. after ischemia afforded no protection. These results suggest that the potent non-competitive NMDA antagonist dizocilpine may have some value in protecting the brain from hippocampal and cortical neuronal necrosis after a short insult consisting of dense transient cerebral ischemia. Noteworthy is the fact that pharmacologic intervention in the post-ischemic period was successful in preventing neuronal death, provided that drug administration occurred within dizocilpine's “therapeutic window”.
Chronic Aseptic Meningitis in a Patient with Systemic Lupus Erythematosus
Authors: Lancman Marcelo Elias , Mesropian Hripsime , Granillo Rubens Jorge
Published: July 2016

Chronic aseptic meningitis is a rare manifestation of systemic lupus erythematosus. It may occur early in the course of the disease and sometimes may be the initial symptom. We report a patient with chronic aseptic meningitis associated with systemic lupus erythematosus. Magnetic resonance imaging showed several ischemic lesions and an appearance which was compatible with chronic inflammation of the ependyma of the lateral ventricles.
Monomelic Atrophy
Authors: Oryema J. , Ashby P. , Spiegel S.
Published: July 2016

Weakness of distal muscles of one upper limb which progresses over 1 year and then appears to arrest (“monomelic amyotrophy”) has been reported mainly in Japan and India. We report 5 cases of a similar syndrome occurring in Canada. In our cases the wasting affected the forearm muscles of one upper limb (sparing brachioradialis and extensor carpi radialis). There was minimal wasting and electromyographic changes in the opposite upper limb. The CT myelogram showed unilateral wasting of the cervical cord.
Environmental Factors in the Etiology of Parkinson's Disease
Authors: Tanner Caroline M. , Chen Biao , Wang Wen-Zhi , Peng Man-Ling , Liu Zho-Lin , Liang Xue-Ling , Kao Li Chiung , Gilley David W. , Schoenberg Bruce S.
Published: July 2016

Parkinson's disease (PD) has been proposed to result from the interaction of aging and environment in susceptible individuals. Defective metabolism of debrisoquine, inherited as an autosomal recessive, has been associated with this susceptibility. In 35 PD patients and 19 age-matched controls, no significant differences in debrisoquine metabolism were found, although a trend to impaired metabolism was noted in patients with disease onset ≤40. Foci of PD patients were associated with rural living and well water drinking, or rural living coupled with market gardening or wood pulp mills. In a questionnaire survey, patients with PD onset ≤age 47 were significantly more likely to have lived in rural areas and to have drunk well water than those with onset ≥age 54 (p≤0.01). Because of population mobility in North America, a case-control study designed to test environmental, occupational, dietary and other proposed risk factors for PD was conducted in China, where the population is more stationary and the environment more stable. No significant differences in incidences of head trauma, smoking or childhood measles were found between patients and controls.
The Effect of Low Frequency and Direct Current Stimulation on The Kindling Phenomenon in Rats
Authors: Gaito John
Published: July 2016

An experiment was conducted to evaluate the effect of 1-Hz or direct current brain stimulation on kindling behavior induced by 60-Hz sine wave stimulation. The effective threshold intensity to elicit a convulsion was determined on four separate occasions with 5 days of daily trials between determinations. On each day one group of experimental rats was stimulated with 1-Hz sine wave current before and after stimulation with 60-Hz sine wave current (1-60-1 group). Another group received direct current stimulation and 60-Hz current (D-60-D group). A third group received only 60-Hz stimulation. Suppression of kindling behavior usually induced by the 60-Hz stimulation occurred with 1-Hz stimulation; the mean threshold value increased on each successive determination. Suppression was most pronounced for the direct current group; it appeared after a single trial and persisted for 32 days after the last threshold determination. In contrast, most of the rats in the 1-60-1 group had recovered from the suppression after the 32 day period of nonstimulation. A second phase of the experiment indicated that the increase in threshold values for the D-60-D group occurred after a single DC stimulation. These results are consistent with the hypothesis generated by previous research that suppression following 1-Hz stimulation is not due to tissue damage.
New Data on the Genetics of Parkinson’s Disease
Authors: Barbeau André , Pourcher Emmanuelle
Published: July 2016

We investigated the clinical and metabolic characteristics of Parkinsonian patients whose illness started before the age of 40. A pilot study of 32 of our own such cases revealed the existence of 3 subgroups: 1. Post-Encephalitic, 2. Onset and course with predominant tremor, 3. Onset and course with akinesia and rigidity. In this early onset group of patients, there was a 46% incidence of familial cases (as opposed to 10-15% in the general Parkinson population). The cases with tremor onset had a high prevalence of essential tremor in their families, while those with an akinetorigid onset had a high familial incidence of other cases of Parkinson’s Disease. Familial grey hair, hypertension, diabetes and thyroidopathies appeared to be in higher than expected frequency.

These trends were confirmed in a larger series of 135 cases of early onset Parkinson obtained through a mail survey. When the same clinical material was analysed for the familial cases only, two new genetic subgroups emerged: 1) a familial metabolic akineto-rigid syndrome (with hypertension, familial diabetes, hypothyroidism and a more severe course) and, 2) a familial essential tremor-related Parkinsonian syndrome (with familial grey hair trait and hyperthyroidism). These new genetic syndromes along with the recently described “Familial juvenile Parkinsonism” require many further prospectives metabolic and clinical investigations for full characterization, but confirm our hypothesis that “idiopathic” Parkinson’s disease is not a single homogeneous entity.
The Neurologist as Educator
Authors: Murray T.J.
Published: July 2016

Neurologists have had a long tradition of commitment and excellence in education. Whether we see our major role in clinical practice or clinical investigation, whether we are based in the community or in a university, virtually all of us have a role as teachers, a role in which we take great pride.
Brain Abscess Due to Petriellidium boydii
Authors: Dubeau François , Roy Louis E. , Allard Johanne , Laverdiere Michel , Rousseau Suzanne , Duplantis Fernand , Boileau Jean , Lachapelle Jacques
Published: July 2016

A 22 year-old man died from multiple cerebral abscesses due to Petriellidium boydii 4 ½ months after an episode of near drowning. The autopsy showed dissemination to heart and kidney. This patient had no immunocompromising disease but was treated with corticosteroids. The treatment of this condition with ventricular shunting and amphotericin B is discussed and compared with the experience often other cases reported in the literature.
The Neurapraxic Lesion: A Clinical Contribution to the Study of Trophic Mechanisms
Authors: McComas A. J. , Jorgensen P. B. , Upton A. R. M.
Published: July 2016

Four patients with neurapraxic lesions are described; in spite of the absence of impulse activity in muscle fibers no other signs of denervation could be detected. These observations are interpreted as indirect evidence for the role o f a non-impulsive (axoplasmic flow) system in certain trophic phenomena. The relationship of the present findings to the spectrum of neuropathic lesions is considered.
Taxonomic Systems for School Refusal Behaviour
Authors: Pritchard Melinda , King Neville , Tonge Bruce J. , Heyne David , Lancaster Sandra
Published: July 2016

The heterogeneous nature of school refusal has led to much confusion surrounding the conceptualisation of this phenomenon. A number of researchers have developed taxonomic systems in an effort to enhance our understanding of school refusal and to facilitate communication among professionals working in the field. The current paper explores the evolution of these systems and outlines the limitations of each. Non-empirical classificatory systems are reviewed first, followed by empirical systems based on factor analyses and diagnostic profiles. A functional taxonomic system for problematic school attendance is then reviewed. Future research based on sound methodological procedures should aim to examine a broad range of child and family characteristics in order to develop reliable, homogenous subtypes for this population.
Developments in Cognitive-Behaviour Therapy for Persistent Psychotic Symptoms
Authors: Haddock Gillian , Sellwood William , Tarrier Nicholas , Yusupoff Lawrence
Published: July 2016

This paper is a review of studies on psychological treatments for positive psychotic symptoms, and a detailed description of two of these studies, the Manchester Symptom Project, which aimed to decrease positive symptoms by training patients in effective coping strategies, and the Liverpool Auditory Hallucination project, which aimed to provide a cognitive-behavioural treatment for individuals with persistent and distressing voices. The results from these studies indicate that enduring positive symptoms which have not responded to neuroleptic medication can be effectively treated by psychological methods.
Implications for Early Intervention from a Biopsychosocial Perspective on Addiction
Authors: Baer John S.
Published: July 2016

Problems associated with alcohol consumption among young people are reviewed from an integrated biopsychosocial model. It is argued that young people drink differently from older people, and that traditional models of addiction and treatment work better with older populations than with younger ones. Social, psychological and biological factors associated with development and remission of young people's drinking are reviewed. Suggestions for approaches to early interventions are developed.
Three Human Rights Agendas
Authors: Reidy David A.
Published: July 2016

In this paper I distinguish between three conceptions of human rights and thus three human rights agendas. Each is compatible with the others, but distinguishing each from the others has important theoretical and practical advantages. The first conception concerns those human rights tied to natural duties binding all persons to one another independent of and prior to any institutional context and the violation of which would “shock the conscience” of any morally competent person. The second concerns the institutional conditions necessary and sufficient for particularist legal and political obligations to take on prima facie moral force so that the members of different polities face one another in an asymmetric moral relationship, with each side having a rightful claim to political self-determination. The third concerns those human rights arising exclusively as a matter of positive international law out of the voluntary undertakings of legitimate polities within the international order. Each of these different conceptions is tied to a different human rights agenda. The second is tied to the struggle to realize recognitional norms of legitimacy within the international order. The third is tied to the ongoing effort to incorporate into positive international law through voluntary initiative an ever expanding moral consensus between legitimate polities. The first is tied to the emerging practice of humanitarian intervention and system of international criminal liability. Thus, while all human rights share certain features - they’re universal, and so on - human rights differ in important ways. Attending to these differences would likely improve both the theory and practice of human rights.
Freedom of Religion
Authors: Dorfman Avihay
Published: July 2016

Why it is that the principle of freedom of religion, rather than a more general principle such as liberty or liberty of conscience, figures so prominently in our lived experience and, in particular, in the constitutional commitment to the free exercise of religion? The Paper argues, negatively, that the most prominent answers offered thus far fall short; and positively, that the principle of freedom of religion arises out of a thicker understanding of the much neglected relationship between religious liberty and democracy. Indeed, a proper account of the legitimacy of the democratic process. I argue, dissolves the mystery surrounding freedom of religion, and thus allows for an adequate justification of this principle. The thesis of this paper is that freedom of religion is a remedy that redresses the (warranted) exclusion of certain religious arguments from the democratic process. The redress is grounded in a republican concern for political self-determination while exclusion is prescribed by a liberal ideal of political legitimation.
Human Rights and Liberal Toleration
Authors: Reidy David
Published: July 2016

Jim Nickel has criticized the account of human rights Rawls gives inThe Law of Peoplesas “ultraminimalist” and as wrongheadedly grounded in an excessive desire to accommodate illiberal and nondemocratic polities and in a confused identification of human rights with the regulation of coercive intervention in the international order. I show that Rawls’s position is not “ultraminimalist” and, more importantly, that it is more complex and attractive than Nickel (and other critics) recognizes. Rawls distinguishes between the human rights necessary and sufficient to there to being no principled grounds for coercive intervention into a state and those necessary and sufficient to there being a principled ground to accord a state status recognition and respect in the international order. This distinction reflects a distinction inThe Law of Peoplesbetween two forms of liberal toleration: toleration as mere non-interference and toleration as recognition or status respect. I discuss the role of each in the law of peoples and show how each is both principled and liberal.
On Racist Hate Speech and the Scope of a Free Speech Principle
Authors: Maitra Ishani , McGowan Mary Kate
Published: July 2016

In this paper, we argue that to properly understand our commitment to a principle of free speech, we must pay attention to what should count as speech for the purposes of such a principle. We defend the view that ‘speech’ here should be a technical term, with something other than its ordinary sense. We then offer a partial characterization of this technical sense. We contrast our view with some influential views about free speech (due to Greenawalt, Cohen, and Sunstein), and show that our view has distinct advantages. Finally, we consider racist hate speech. Here, we argue that if certain theorists (e.g., Lawrence) are right about what some racist hate speech does, then such speech should fall outside the scope of the free speech principle, and so, should be as regulable as any non-speech action.
IV. Liberalism and the Victorian Intelligentsia
Authors: Roach John
Published: July 2016

Henry Sidgwick was one of the most prominent university reformers in later Victorian Cambridge. His resignation of his Trinity fellowship in 1869 helped to precipitate the final abolition of religious tests in 1871, and, in the following decades, he was the leader of those who wished to develop research and to open up new branches of study. In national politics he was, as might have been expected, a Liberal, yet, when the Home Rule crisis of 1885–6 came to a head, his allegiance veered over sharply. In 1885 he voted Liberal ‘after some hesitation’; the next year he voted for the Tory candidate for the borough of Cambridge who was elected by an increased majority. That summer he wrote: ‘Unionists gaining slowly but steadily. Dined in Hall, and was surprised to find the great preponderance of Unionist sentiment among the Trinity fellows—a body always, since I have known Trinity, preponderantly Liberal.’ In the history of Victorian politics more attention might be given to the change which converted a large part of the educated classes from the Liberal side to the Conservative. J. F. Stephen, writing in 1880 to the first Earl of Lytton, said of the Conservative leaders that they were ‘all of them people whose political creed was chosen when the Conservative party was emphatically the stupid party, and when to be a Conservative meant to be opposed to pretty well all the main intellectual movements of the time’. The phrase, ‘the stupid party’, comes from J. S. Mill, whose books had been the chief intellectual influence in triumphant mid-Victorian Liberalism. By the end of his life Mill himself was becoming sceptical of the results achieved by democracy. In Representative Government (1861) he had pointed out that a popular assembly was not fitted to conduct administration or to frame laws, and that one of the great problems of democratic government is to combine popular rule with the skilled administration of the modern state. The need for increased efficiency in a more competitive age was worrying many Englishmen by 1870, and, although their criticisms cut across party and sectional boundaries, they were hostile to much in conventional Liberalism. One answer was the ‘social engineering’ of the Fabians; another approach was Matthew Arnold's assault on our educational system and on the Philistinism of our semi-educated middle classes. The only remedy for the anarchic individualism of English life lay, he thought, in the positive activity of the state, which should purify and deepen the national culture and give it direction and purpose.
Some Reflections on Schengen Free Movement Rights and the Principle ofNe Bis In Idem
Authors: Sharpston Eleanor , Fernández-Martín José Maria
Published: July 2016

This chapter makes no attempt to present a definitive exposé of the relationship between Schengen free movement rights and the principle ofne bis in idem. Although elements of the basic structure of that relationship are relatively fixed, the questions that it raises are complex and sensitive. In the absence, thus far, of legislative action by the Council, it has fallen to the European Court of Justice (ECJ) to define a number of core concepts in the contexts of references for preliminary rulings that have been made to it by national courts. In so doing, it has necessarily found itself choosing between two desirable goals that are partially irreconcilable with each other: liberalised free movement of persons within the ‘Schengen Area’, on the one hand, and the Union’s objective of ‘provid[ing] citizens a high level of safety within an area of freedom, security and justice’, on the other hand.
Countering Anti-Constitutional Argument: The Reasons for the European Court of Justice’s Decision in Kadi and Al Barakaat
Authors: Murkens Jo Eric Khushal
Published: July 2016

This chapter examines the recent decision by the European Court of Justice inKadi and Al Barakaat International Foundation. It is a response to criticism that the ECJ’s judgment, in providing for the review of EC measures implementing UN Security Council resolutions, undermines the authority of public international law. Instead of committing itself to international law and institutions at all cost, the ECJ concerns itself with the constitutional repercussions from national constitutional courts (in the case of failure to protect fundamental rights). Important as the relationship between EC law and international law is, there is a clear sense that the ECJ is responsible to, and will ultimately be held to account by, the courts and constitutions of the Member States of the European Union.
Developments (and Non-Developments) in the Harmonisation of EU Intellectual Property Law
Authors: Seville Catherine
Published: July 2016

This chapter begins by considering the challenges posed to the harmonisation of intellectual property law at the European level by the very different ways in which the law of intellectual property is viewed across Europe. It then goes on to review the various global and historical initiatives in the arena of intellectual property law harmonisation before running through the different areas of intellectual property law—trade marks, designs, copyright and patents—and examining the ways in which each of these has been dealt with at the European level, both by the European Union and by other Europe-wide bodies. In effect, the way in which intellectual property law has been addressed by the European Union represents a microcosm of the various possible approaches to harmonisation. As regards the prospect of future harmonisation of intellectual property law by the European Union, it is hoped that a wide and wise view of the issues will be taken, in order that public confidence in the Community’s intellectual property regime may be both justified and strengthened.
Precedent and Judicial Lawmaking in Supreme Courts: The Court of Justice Compared to the US Supreme Court and the French Cour de Cassation
Authors: Komarek Jan
Published: July 2016

Why is it so difficult to qualify the Court of Justice’s decisions as ‘sources of law?’ Does the Court of Justice only ‘interpret’ law, or does it ‘make’ it? To what extent should its pronouncements be taken into account by others? This chapter shows how a particular theoretical approach to precedent and judicial lawmaking shapes the answers to the queries mentioned above. It examines a set of interrelated questions concerning precedent and judicial lawmaking by the US Supreme Court and the French Cour de cassation and then applies these findings to the Court of Justice. The questions are: first, in what sense is it said that these courts make law; secondly, who is bound by their pronouncements; and, thirdly, how does this binding force actually work? It is suggested that while the US and French systems have found ways in which to reconcile judicial lawmaking with the basic premises of their constitutional and political systems, especially by allowing other actors to respond to judicial lawmaking (in the particular sense of the word ‘lawmaking’ used in these two systems), the EU system is still waiting for a satisfactory answer.
The Court of Justice of the EU and the Common European Asylum System: Entering the Third Phase of Harmonisation?
Authors: Zarevac Samuel Boutruche
Published: July 2016

‘That assessment of the extent of the risk [of persecution] must, in all cases, be carried out with vigilance and care, since what are at issue are issues relating to the integrity of the person and to individual liberties, issues which relate to the fundamental values of the Union.’

The case law of the Court of Justice of the EU concerning the Common European Asylum System (CEAS) is still limited. Nonetheless, even this limited case law already offers interesting insights into analysing the potential role of the Court of Justice of the EU in the development of the CEAS, and this jurisprudence is in any event likely to grow significantly, due to the fact that the provisions of the CEAS are the result of a political compromise and so lack clarity. This chapter examines the ruling delivered by the Court in the case of Elgafaji, which contains certain elements which address the interpretative difficulties raised by Article 15(c) of the Qualification Directive, and goes on to consider, through a discussion of the recent ruling in Abdulla, the extent to which the Court’s interpretation of those provisions of the CEAS which replicate the wording of the 1951 Convention will influence the interpretation of this international instrument, and the difficulties presented in this context. The extent of this influence remains to be seen, but it is clear in any event that the Court of Justice is likely to play a major role in the development of the CEAS. One amendment which may prove necessary is the modification of the Court of Justice’s procedural rules such that it can take into account the views of third-party organisations with a special expertise in this field.
Revisiting the Posted Workers Directive: Conflict of Laws and Laws in Contrast
Authors: Evju Stein
Published: July 2016

The Posted Workers Directive was controversial from the outset, and the recent case law from the Court of Justice has made it even more so. In this chapter, the backdrop, genesis, drafting and adoption of the Posted Workers Directive are first considered in turn in order to place it in its context. The Court of Justice’s case law is then considered and contrasted with this background and elaboration of the Directive as it was adopted. The present situation under the Posted Workers Directives is also compared with public international law norms, ILO Conventions and the European Social Charter, and the impact of the Directive in Scandinavia is considered. It is concluded that the case law of the Court of Justice is problematic because of the fact that a normative framework results from its decisions which impinges upon fundamental features of collective labour law and industrial relations: it both entails restrictions on the kinds of terms and conditions of employment which can be imposed, and encroaches upon freedom of collective bargaining more broadly. The autonomy of Member States is also limited and the effectiveness of national industrial relations regimes compromised, which is a highly undesirable outcome.
Freedom of Commercial Expression and Public Health Protection in Europe
Authors: Garde Amandine
Published: July 2016

This chapter focuses on the extent to which public health has been relied upon by the EU legislature or by Member States of the European Union to limit the freedom of commercial operators to promote their goods and services. First, it discusses why courts in the United States and in Europe have ruled that the freedom of commercial operators to advertise their goods and services should be protected, in light of the fundamental role advertising plays in a liberal market economy. It shows that freedom of commercial expression has been made conditional upon the disclosure of sufficient and reliable information to consumers, thus reflecting a model of consumer protection based on the well-informed and reasonably circumspect consumer. Secondly, it addresses the more controversial question of the extent to which public health may be invoked as an overriding requirement of public interest to curtail the right of commercial operators to promote their goods and services. The approach of the Court of Justice is compared with that taken by the US Supreme Court. This comparative approach highlights the differences between the two: the former is very reluctant to exercise its review powers, while the latter has made it excessively difficult for public authorities to impose any meaningful advertising restrictions. It is argued that neither court has been able to strike a suitable balance between, one the one hand, the need to review the validity of restrictions imposed by public authorities on commercial speech to ensure a high level of public health protection and, one the other hand, the need to ensure that courts do not substitute their assessment to that of the legislature in exercising their judicial review powers. A more balanced approach is required to ensure the adequate protection of consumer health.
To Bail Out Or Not to Bail Out?—Legal Aspects of the Greek Crisis
Authors: Hofmeister Hannes
Published: July 2016

Since the precarious state of Greece’s public finances was revealed last October, efforts to save the ‘cradle of Europe’ are in full swing. Hence a huge rescue package for Greece was agreed on in April 2010. This was followed by an even larger EU Stabilisation Fund worth €750 billion for States encountering financial problems. While the economic aspects of these rescue mechanisms have been debated intensively, their legality has escaped closer examination. Rushed through parliaments as an ‘economic emergency’, the peoples of Europe were more or less presented with a ‘fait accompli’. But are these measures really legal under EU law? What about the notorious ‘no bailout’ clause? And what about the alternatives to the rescue packages: Would it have been legal to withdraw from EMU? Or to expel a State from EMU? This chapter will shed some light on these important aspects of EU law.
Constitutional Identity as a Shield and as a Sword: The European Legal Order within the Framework of National Constitutional Settlement
Authors: Konstadinides Theodore
Published: July 2016

The pitfalls of the relationship between European and national judges constitute a well-travelled ground in literature, especially with regard to ‘sagas’ over the reconciliation of national sovereignty with EU law primacy. Hence, the contribution that this article is attempting to make is to explore the judicial understanding and potential of the concept of constitutional identity in the light of the newly-introduced Article 4(2) TEU by the Treaty of Lisbon, which makes it explicit that national identity encompasses constitutional specificity. A number of questions are raised and discussed. For instance: How has the Court of Justice of the European Union (CJEU) been adjudicating on issues pertaining to the constitutional identity of the Member States pre- and post-Lisbon? How far can Member States stretch the concept to avoid the tidal effect of EU law upon their legal systems? For the sake of clarity, two notions of constitutional identity are identified and presented in this article: One related to the CJEU’s case law, where ‘constitutional identity’ has been invoked by defending Member States as a qualified derogation from their EU law obligations (a ‘shield’) and another, inherent in the German Constitutional Court’s (BVerfG) use of ‘constitutional identity’ as a break to an unprecedented transfer of competences to the EU and a tool of judicial review of national implementation measures of secondary legislation (a sword). The arguments advanced hereafter suggest that the implications of identity retention as a ‘shield’ may not be far-reaching since the CJEU has, through a pragmatic use of the loyalty and proportionality principles, succeeded in reducing its effect to the bare minimum. On the other hand, as a judicial review mechanism, the German paradigm demonstrates that, as a ‘sword’, constitutional identity retention comprises, largely, a theoretical possibility. These assumptions aside, it is concluded that constitutional identity retention may provide both national judiciaries and legislatures with new opportunities to participate in trans-national constitutional development through monitoring and assessing the compatibility of the exercise of EU competence with the requirements of national constitutions.
Negotiating European Legislation: The Services Directive
Authors: Flower Joanna
Published: July 2016

The directive on Services in the Internal Market is one of the most controversial and disputed pieces of European legislation in recent years. Known in its infancy as the ‘Bolkestein’ Directive after Frits Bolkestein, the Internal Market Commissioner who first put forward the proposal on behalf of the Commission, and later in the run up to its adoption as the ‘Frankenstein’ Directive, it sparked mass protests across Europe and was even suggested by some as being the real reason why France voted against the draft Constitutional Treaty in 2005.
Trusting Judges to Deliver Changes: Italy, the EU and Labour Law
Authors: Sciarra Silvana
Published: July 2016

The title of this paper embraces three concepts which will be used as paths to reach a destination. The destination is Italy, taken as an example of an active promoter of European integration, even when facing difficulties in complying with its obligations under the EC Treaty.

The first path leads towards judicial intervention, seen as a major tool for making changes within a national legal system. Some examples (section III) concern the scrutiny that the ECJ operates, when prompted by the Commission, acting under Article 88(2) EC. Other examples (sections IV and V) are related to the open dialogue national judges engage in with the ECJ, when they start preliminary references under Article 234 EC.
The International Responsibility of the European Union—The EU Perspective: Between Pragmatism and Proceduralisation
Authors: Casteleiro Andrés Delgado
Published: July 2016

EU management of its international responsibility for wrongful acts varies between a pragmatic approach and the proceduralisation of its responsibility. The EU either lays down complex procedures in order to manage the allocation of responsibility in order to (allegedly) preserve the internal division of competences or takes a pragmatic approach which disregards any internal division of competences. This chapter critically analyses these two trends in EU practice. More precisely, it identifies from the ongoing development in the incipient foreign direct investment policy of the EU and in its accession to the European Convention on Human Rights the problems linked to this way of managing the EU’s international responsibility. Overall, it argues that instead of complex and slow procedures or ad hoc pragmatic solutions, the EU should adhere to a rule-based approach which is at the same time pragmatic and respects the principles underpinning the proceduralisation of responsibility.
Facing the Digital Future: Public Service Broadcasters and State Aid Law in the European Union
Authors: MacLennan Jacquelyn F.
Published: July 2016

The European Union is faced with many challenges as the new millennium dawns. These range from highly political issues, such as the challenge of enlargement, to highly technical questions arising in areas such as regulation of anti-competitive behaviour. This article will examine one narrow, but topical, issue falling within the ambit of competition policy—how the rules of the EC Treaty on State aid should be applied in the area of broadcasting as it enters the new “Digital Age”.
European Perspectives on a Judicial Appointments Commission
Authors: Bell John
Published: July 2016

The natural models for English debates on judicial appointments have been from the common law. Although England and Wales remain very much within the common law world and its problems, we are increasingly drawn into a European world, where many of our ideas and standards are shaped by our participation in European agendas. There are important lessons to be learnt from European experience in this area. Based on that European experience, one can see a tension between the desire to give the judiciary greater independence from the executive and the practice of leaving the judiciary increasingly in charge of the processes of appointment and management of the judicial career and, even, of the judicial system itself. These tensions are much stronger in many other parts of Europe and these may serve as useful points of reference. There is an emerging European judicial model to which English debates are now referring, but which needs critical assessment.
Combating Racial Discrimination Through the European Employment Strategy
Authors: Bell Mark
Published: July 2016

During the last decade, the European Union has taken a variety of initiatives that together form a policy on combating racial discrimination. Understandably, legal academics have so far devoted greatest attention to the legislative initiatives, most notably, the EU Race Directive. The Directive is striking, both because of its broad material scope (covering areas such as employment, education, housing and healthcare), but also as a result of the new directions that it introduced into EU antidiscrimination law. Whilst it is certainly the centrepiece of EU anti-racism policy, it is part of a broader policy framework. This includes other, less auspicious legal instruments, as well as various public expenditure programmes. The EU Monitoring Centre on Racism and Xenophobia provides an institutional dimension to the anti-racism policy.
Enforcement of Cartel Law in Ireland
Authors: Calvani Terry
Published: July 2016

Scientists are quick to admonish lawyers that anecdotal evidence may suggest avenues for investigation, but that it is little more. Conscious of this admonition, I suggest that (1) the American cartel enforcement experience is successful, and (2) its success is attributable to the criminalisation of the offence. This view is shared by others and was important in the decisions by both Ireland and the United Kingdom to criminalise competition offences. Moreover, the American experience underlay proposals elsewhere to adopt similar legislation. After briefly reviewing deterrence generally and the current American model, this article discusses the implementation of a criminal enforcement regime in Ireland.
Selected Opinions Delivered by Advocate General Lagrange
Authors: Greaves Rosa
Published: July 2016

Maurice Lagrange was appointed Advocate General in 1953 and retired in 1964. He delivered over 80 Opinions in a period of 10 years, covering a wide range of issues. The first 40 or so Opinions concerned the European Coal and Steel Treaty (ECSC Treaty) exclusively, whilst the remainder covered all three Treaties.
The European Arrest Warrant
Authors: Spencer John R
Published: July 2016

In broad terms, there are two approaches to returning suspects and convicted persons to the other countries where they are wanted, and would prefer for obvious reasons not to go.

One is what is called in the common law world ‘the backing of warrants’. Here, the authorities of the jurisdiction where the person is wanted issue their normal warrant of arrest, which is sent directly to the authorities of the jurisdiction where he is, who endorse it if it appears to be in order, and give it to their policemen to execute it as if it were their own. The suspect is then ‘lifted’, and handed over to the authorities of the country where he is wanted with the minimum of fuss—the unspoken premise being that the authorities of the requesting jurisdiction normally act lawfully and reasonably, and their arrest warrants can be taken at face value and acted upon unless a strong reason to the contrary can be given.
The Criminal Liability of Politicians in France
Authors: Bell John
Published: July 2016

In an unusual step the Conseil constitutionnel published a communiqué on 10 October 2000 concerning the criminal liability of the head of state. In it, the Conseil stated that “the criminal law position of the Head of State does not confer a ‘criminal immunity’, but a privilege of jurisdiction during his tenure of office”. This statement contains the nub of the difficulty in understanding how French law treats the criminal law liability of the head of state and of ministers. Does the Constitution afford them immunity for their actions performed during their tenure of office, or does it merely make provision for a different court to try the offences?
Decision-Making at the Summit
Authors: Dashwood Alan
Published: July 2016

Various provisions of the Treaty on European Union (“TEU”) and of the EC Treaty specifically require action to be taken, at the definitive stage or at some preparatory or intermediate stage of decision-making, by the European Council, or by the Council of the European Union meeting in the composition of Heads of State or Government (“the HSG Council”); and there is one instance of an appointing power exercisable by an intergovernmental conference at the level of Heads of State or Government (“an HSG Conference”). Reserving a role for the political leaders of the Union in the adoption of particular decisions was an innovation of the TEU, more especially in the Title of the EC Treaty on economic and monetary policy, and further instances have been added by the Treaty of Amsterdam (“TA”) and the Treaty of Nice (“TN”).
Ousting Jurisdiction and the European Conventions
Authors: Fentiman Richard
Published: July 2016

The Brussels and Lugano Conventions together create a common European regime for regulating jurisdiction and the enforcement of judgments in civil and commercial matters. This was never intended to replace entirely the equivalent rules of national law, and local rules conferring jurisdiction generally govern if the defendant is not domiciled in a Contracting State. But it remains unclear when, if at all, national rules for declining jurisdiction may be employed if a court’s competence derives from the European regime.
EC Legislation Prohibiting Age Discrimination: “Towards a Europe for All Ages”?
Authors: McGlynn Clare
Published: July 2016

In 2000 the European Community adopted the General Framework Directive aimed at combating discrimination on the grounds of religion or belief, disability, age or sexual orientation as regards employment and occupation. This important measure followed closely on the heels of the Race Discrimination Directive adopted earlier in the year. The adoption of these measures was made possible after the Treaty of Amsterdam inserted a new Article 13 into the EC Treaty which empowered the Community to adopt measures to combat discrimination on the above grounds, as well as in the fields of sex, race and ethnicity. While Article 13 was greeted with much acclaim, doubts were expressed as to whether or not binding measures would be forthcoming. As it has turned out, such pessimism was unwarranted and the Community has now adopted measures aimed at eliminating discrimination on all the grounds specified in Article 13. The adoption of these directives is, therefore, a highly significant expansion of the Community’s competence and ensures the continued development of the Community beyond its original purely economic focus.
A German View on the European Charter of Fundamental Rights: Effect on the Bundesverfassungsgericht
Authors: Schwarze Jürgen
Published: July 2016

As already stated in the title of this article I will present a German view on the European Charter of Fundamental Rights. In Germany, like almost everywhere else, the views of lawyers hardly ever coincide—at least not completely. This is also true concerning a matter which has often been regarded as a typical German problem or to use the less diplomatic French expression, une querelle allemande: that is the need for a proper dogmatic concept of the protection of human rights in EC law.

In the first part, I will follow the title to the letter and illustrate the legal effect of the Charter on the German Constitutional Court (Bundesverfassungsgericht) in a narrow sense. In the second part, I would like to extend my report, and consider the general acceptance of the Charter in Germany in a broader sense. I will conclude with a personal statement on the Charter.
Criminal Jurisdiction, the Public Dimension to ‘Effective Protection’ and the Construction of Community-Citizen Relations
Authors: Baker Estella
Published: July 2016

In a series of decisions the European Court of Justice [‘the Court’] has ruled that Member States must deploy their law enforcement authorities, including their criminal justice systems, so as to safeguard Community interests from threat or damage. These rulings have received attention from commentators because, amongst other things, they make it explicit that Community law has a tangible impact on matters of criminal law and justice notwithstanding the absence of a criminal legal base in the Community Treaty.
The Public Sector as a Good Employer: The Application of the Acquired Rights Directive to Public Authorities
Authors: Garde Amandine
Published: July 2016

Advocate General Mayras described a public authority as ‘that which arises from the sovereignty and majesty of the State; for him who exercises it, it implies the powers of enjoying the prerogatives outside the general law, privileges of official power and powers of coercion over citizens’.

This quotation has an eighteenth century flavour and is difficult to adapt to the complex legal and economic system of the European Community the extraordinary remit of which has extended to many activities traditionally reserved to the State and to public authorities. The scope of this remit blurs the distinction between what could be termed the exercise of a public power and what could be termed the exercise of an economic function. The ‘Europeanization of public service provision’ has thus rendered the definition of a ‘public authority’ elusive. One of the areas where such a definition has been particularly problematic is the protection of employees’ rights in the event of the transfer of an undertaking.
Judicial Review in EC and EU Law—Some Architectural Malfunctions and Design Improvements?
Authors: Gormley Laurence W.
Published: July 2016

From the point of view of an individual, rights conferred by a legal system are only effective and substantive if there are effective remedies available if those rights are infringed. In some instances, those remedies may be pre-emptive; but in most instances, they seek to deal with infringements of rights, or damage to interests, which have taken place.
The First Two Years of the Competition Commission Appeal Tribunals
Authors: Jephcott Mark
Published: July 2016

On 1 March 2002, the Competition Commission Appeal Tribunals (‘the Appeal Tribunals’) celebrate the second year of their existence, this being also the second anniversary of the coming into force of the Competition Act 1998 (‘the Act’) which founds their jurisdiction. In fact the Act had existed in dormant form for some time before this date (it was enacted on 9 November 1998), giving competition practitioners and officials alike ample warning of the main provisions of the new regime. However, as the Appeal Tribunals are an appellate body, their opportunity to play their part in the brave new world of competition law had to await the actions of the administrative bodies, and hence the Appeal Tribunals were not called upon to act until fifteen months into their tenure. Nevertheless, once appraised of appeals they have proceeded to produce a number of final and interlocutory judgments which have established the framework and ground rules for an effective judicial forum.
The ‘TBT Agreement’: A Perfect Tool to Monitor Regulatory Activities Worldwide
Authors: Muñoz Rodolphe
Published: July 2016

The Technical Barriers to Trade (hereinafter TBT) Agreement was negotiated at the Tokyo Round (1973–1979). However, at that time the GATT rules comprised no legally binding mechanism to force Member States to respect their obligations. Indeed, Member States remained free to defer the dispute settlement system. Consequently, for a very long time the TBT Agreement remained a dead letter.