bluuebunny/crossref_metadata_2025 huggingface dataset:
Survey on Prevalance & Comparison of Back Pain Among Surgeons
Authors: Aslam Javeria , Nawaz Muhammad Imran , Sajjad Muhammad Ahmed , Aslam Memoona , Naz Iqra , Masood Ramsha , Zafar Ibraheem , Nadeem Kashaf
Published: March 2022

The objective was to determine the prevalence of lower back pain (LBP) and comparison of lower back pain among surgeons of different specialties. METHODS: For this research 100 surgeons sample size was estimated. A self-prepared questionnaire having 25 items was distributed in respondents to gather data about the prevalence of lower back pain in surgeons of   different specialties. Using SPSS V-19 data was analyzed having quantitative and qualitative variables. RESULT: It was noted that out of 10, general (4), cardiac (2), plastic (2), ENT(4),  trauma(6), pediatric(4), and orthopedic(7), neuro (2), urology(2) and gynecology (6) specialty felt lower back pain during surgeries. Out of 100 surgeons of diverse specialty 43 surgeons have lower back pain during the surgery. Out of 100 diverse specialty surgeons’ 25 surgeons have LBP in region of lumbar, thoracic region (2 surgeons) and 29 in their region of lower lumbar. CONCLUSIONS: It was concluded that Gyne & Obs and ENT surgeons are more prone to lower back pain (LBP) as compare to the surgeons of other specialties. The reason of the lower back pain was tough routine, lengthy standing time during surgeries of patients, adaptation of abnormal postures and due to less rest time.
The Constitutional Status of the European Central Bank
Authors: Selmayr Martin , Zilioli Chiara
Published: March 2022

Eight years after its establishment, the ECB has come now under an unprecedented attack by leading politicians campaigning in the presidential elections in France. They request a change in the constitutional status of the ECB, arguing for its “subordination to political decisions”. This article attempts to give a legal answer to this political challenge by recalling, first, the ECB’s independence and special characteristics which were constitutionally entrenched in the EC Treaty with the assent of all 27 EU Member States. Taking the academic controversy about the extent of the ECB’s independence as starting point, the article then turns to the re-cent clarifications brought by a first judgment of the ECJ which underlines the special nature of the ECB as independent specialized organization of Community law. The article finally addresses the ECB-related provisions of the Treaty establishing a Constitution for Europe, which, by clarifying both the scope of the independence of the ECB and its integration into the Union’s constitutional system, have the potential to bring further stability and legitimacy to Europe’s young central bank.
The meaning of Petersberg: Some considerations on the legal scope of ESDP operations
Authors: von Kielmansegg Sebastian Graf
Published: March 2022

The article examines the legal scope of the so-called Petersberg Tasks in Article 17(2) TEU and of their modified version in the Constitutional Treaty. The Petersberg Tasks provide the only specific catalogue of military activities of the EU. Therefore, they offer important insight as to the legal scope of the European Security and Defence Policy. The article argues that the various mission types listed in the Petersberg Tasks have a fairly wide scope. In this context, it is the last mission type – “tasks of combat forces in crisis management, including peacemaking” – which raises the most difficulties. It is suggested in this paper that the term “crisis management” comprises military interventions in any conflicts that constitute a threat to the peace or a breach of the peace as long as they are outside the scope of the mutual defence clauses of NATO and the WEU. Crisis management interventions must be of a containing nature but they may include the repulse of aggression and the restoration of the integrity of the international legal order. The term “peacemaking” describes a specific aspect of crisis management: the forcible pacification of a conflict between third parties (“triangular peace enforcement”). The modifications introduced by the Constitutional Treaty are of limited importance. However, to a certain extent they mark a conceptual step from reactive emergency measures to a more proactive, constant and holistic policy.
A study of the notion of legitimate expectations in State aid recovery proceedings: “Abandon all hope, ye who enter here”?
Authors: Giraud Adrien
Published: March 2022

Although the protection of legitimate expectations is a well–known doctrine of EU law and is, as such, regularly applied by Community courts, its boundaries in the particular field of State aid are remarkably unclear. The case law relating to the application of this doctrine appears at first sight to be ambiguous and even sometimes incoherent. This seems to have led several commentators to conclude that applicants seeking the benefit of the protection of legitimate expectations should, if not renounce altogether, at least abandon almost all hopes of succeeding in such an endeavour. On the basis of a near–comprehensive study of the relevant case law and decision practice, this paper will try to show (i) that, once a rationalization effort is performed, the conditions of a successful legitimate expectation claim appear more clearly; and most importantly (ii) that the EU institutions in charge of State aid control (principally the Commission and the Community courts) are not indifferent – far from it – to claims based on the notion of legitimate expectations. Therefore, it will be argued that recipients of unlawful State aids should study carefully the conditions of application of the principle of legitimate expectation, for there is still a case for hope.
Recent developments relating to the retroactive effect of decisions of the ECJ
Authors: Waldhoff Christian
Published: March 2022

Unlike in the case of legislative acts, retroactive effect of court decisions does not at first glance constitute a legal problem. However, the retroactive effect of court decisions becomes a problem when other cases, such as parallel cases which were not the subject of the original court decision, are affected and these questions become even more precarious in the context of decisions reviewing legislation due to an erga omnes (de iure or de facto as precedents) effect. The article aims to provide a reappraisal of the problem of the retroactive effect of decisions of the European Court of Justice against the backdrop of recent cases (particularly the dogmatically significant decisions “Meilicke” and “Banco Popolare di Cremona” both focusing on tax issues in 2006), taking into account the Court’s jurisprudence to date, the normative basis in the EC Treaty as well as the diverse Member States’ traditions and experiences. By way of conclusion the study advocates the limitation of the retroactive effect of decisions of the European Court of Justice in certain cases against the background of the protection of legal certainty and its sub–category of legitimate expectations. In particular in cases where unforeseen and in aggregate very substantial pecuniary obligations of the Member States vis–à–vis their citizens are at issue, a balancing approach in applying the retroactive effect of judgements, as yet insufficiently explored, appears to be called for.
Europeanization of Civil Procedures: In Search of a Coherent Approach
Authors: Tulibacka Magdalena
Published: March 2022

Civil procedure is an increasingly important element of the European Union’s legal system. The interest in it, both on the regulatory and on the academic side, has grown considerably. Time has come to re-evaluate the position. While the policy of “judicial cooperation in civil matters” coordinated by the DG Freedom, Security and Justice contains most EU activities in the area, civil procedure is also the subject of attention from various other actors within the EU. Directorates General Internal Market, Competition, or SANCO are involved in regulating civil procedures on sectoral levels. There is little doubt that coordination of domestic civil procedure rules of European Union Member States is necessary to some extent. This paper tackles two important questions: how far should the harmonization of these rules reach, and can its aims be achieved by the approach taken by the EU at present? It emphasizes the recent phenomenon of decentralized harmonization as a particular challenge to the coherence of the EU policy in the area. It sketches a blueprint for a more coherent approach to Europeanization of civil procedures.
Swimming in a Sea of Law: Reflections on Water Borders, Irish (-British)-Euro Relations and Opting-out and Opting-in after the Treaty of Lisbon
Authors: Fahey Elaine
Published: March 2022

A fragile outsider stance of “opt-out opt-in” post-Lisbon now characterizes the Irish relationship with the entire Area of Freedom, Security and Justice, in the form of Protocols and Declarations as contained in the Treaty of Lisbon. The Irish Government commissioned extensive research as to the negative referendum vote on the Treaty of Lisbon in 2008. Importantly, the relationship between public opinion and Irish participation in Justice and Home Affairs, the Area of Freedom, Security and Justice and its opt-out from the Schengen Area did not provoke a negative referendum result according to the research. Water borders and the Common Travel Area shared between Ireland and the UK have had a far-reaching influence on Irish-European affairs. An attempt is made here to trace the influence of British-European relations on the Irish State from the Treaty of Amsterdam to the Treaty of Lisbon and the close ties between the States taking effect in law, policy and even litigation are considered accordingly. The background thereto, in tandem with Irish-specific Protocols and Declarations in the Treaty of Lisbon and the general context of “Irish(-British) Euro relations” and EU law, forms the subject of analysis here.
The Court of Justice after the Treaty of Lisbon
Authors: Barents René
Published: March 2022

This article contains a brief overview of the provisions on the EU Courts in the renewed European treaties resulting from the entry into force of the Treaty of Lisbon. This Treaty has introduced a new nomenclature for judicial bodies of the Court of Justice of the European Union. The appointment of Members of the Court of Justice and of the General Court is subject to the opinion of an advisory panel on the candidate’s suitability to perform the duties of judge of these bodies. With the exception of the common foreign and security policy, the jurisdiction of the EU Courts now extends to EU law as a whole, including the area of freedom, security and justice and the Charter on Fundamental Rights. The high barriers to the admissibility of private actions for annulment are somewhat lowered by Article 263, fourth paragraph TFEU, which provides for such actions to be brought against regulatory acts of the EU.
Constitutional review of EU law after Honeywell: Contextualizing the relationship between the German Constitutional Court and the EU Court of Justice
Authors: Payandeh Mehrdad
Published: March 2022

The relationship between the German Constitutional Court and the Court of Justice of the European Union is defined by the German Court’s controversial claim to review whether EU legal acts are compatible with fundamental rights, whether they stay within the limits of EU competences (ultra vires review), or violate the identity of the German Constitution. While the German Court has developed these three review functions in different ways, the recent decision in the case of Honeywell indicates that the three lines of jurisprudence are deeply interrelated. In Honeywell, the Court developed a remarkably restrictive approach to ultra vires review, thereby following a similar path as in its famous Solange jurisprudence with regard to fundamental rights review. Against this background, Honeywell allows to put the different lines of case law into context in a way that reveals parallel patterns as well as differences in the developments. Evaluating Honeywell in this context illustrates that the Court can also be understood as a political actor that tries to maintain and define its role in the process of European integration and in the European system of multi-level governance.
European consumer protection law: Curia semper dabit remedium?
Authors: Beysen Erwin , Trstenjak Verica
Published: March 2022

The article explores the question whether, in the light of the concepts of procedural and remedial autonomy of the Member States, the case law of the ECJ on the enforcement of consumer rights derived from various Consumer Protection Directives is consistent with its case law on the enforcement of individuals’ rights under other branches of EU law.

The authors begin by examining the case law of the ECJ on the concepts of procedural and remedial autonomy of the Member States in the context of the enforcement of individuals’ rights derived from EU law in general. Subsequently, the authors proceed with an analysis of the application of those concepts in the most recent case law on the enforcement of consumer rights derived from the Consumer Protection Directives. This part distinguishes between cases concerning national legislation and procedures guaranteeing a higher level of consumer protection than required by those directives (e.g. cases C-509/07, Scarpelli, C-484/08, Caja de Ahorros, C-358/08, Aventis Pasteur) and cases in which national rules fall short of the minimum standards of protection provided for under those directives (e.g. cases C-489/07, Messner, C-215/08, E. Friz, C-511/08, Handelsgesellschaft Heinrich Heine, C-240/98 to C-244/98, Océano Grupo, C-473/00, Cofidis, C-168/05, Mostaza Claro, C-429/05, Rampion and Godard, C-40/08, Asturcom Telecomunicaciones, C-227/08, Martín Martín, C-243/08, Pannon GSM, C-137/08, VB Pénzügyi Lízing). It is submitted that, while the former series of cases reflects a standard application of the concepts of procedural and remedial autonomy, the latter series of cases reveals, in certain regards, a more consumer-oriented approach.
Identifying the legal costs of operation of the Common European Sales Law
Authors: Whittaker Simon
Published: March 2022

The EU Commission has proposed an optional Common European Sales Law (CESL) whose main purpose is the reduction of the legal costs of cross-border contracting.  This paper outlines the Commission's view as to these current legal costs and how its proposal would reduce them, and then compares these with the likely costs of operation of the CESL.  It identifies these likely costs as lying in the complex legal framework into which the CESL would be set; the relative uncertainty of the concepts used by the CESL and of its substantive scope; and the significance of national judicial evaluations required by the complex legal standards used by the CESL, of which the most prominent is 'good faith and fair dealing'.  The paper concludes that a number of the costs which the Commission expects to be saved by use of the CESL are likely to find parallels in costs generated by its use and that, owing to its own characteristics, the CESL is likely to generate its own further and new legal costs.
Harmonization, heterogeneity and regulation: CESL, the lost opportunity for constructive harmonization
Authors: Epstein Richard
Published: March 2022

The central bargain of CESL is to provide firms that do business throughout the European Union the protection of a set of uniform rules that will override the many local laws that now govern consumer and small business transactions.  The price for that protection is that firms that opt into CESL must accept an onerous set of mandatory terms intended to protect consumers and SMEs.  In practice that price is too steep. The key objective of all contractual arrangements is to secure mutual gains from trade for both sides.  That objective is hampered by insisting on intrusive mandatory terms that make contracting more costly and less efficient that it ought to be.  A far better approach, fully consistent the principle of subsidiarity, allows any firm to pick its preferred standardized terms for any given class of transactions. That approach has been adopted in the American decision in Carnival Cruise v. Shute.  It should work equally well in the European context.
Competition law remedies: Striving for coherence or finding new ways?
Authors: Hjelmeng Erling J.
Published: March 2022

This article discusses current EU Competition law remedies in light of the key parameters termination, compensation, restoration and deterrence. Both public remedies available under Regulation No 1 and private remedies under national law are examined. A first aim is to test the ability of the current body of remedies to achieve effective enforcement, measured against the aforementioned parameters. A second aim is to examine whether there are tensions between different forms of remedies and their respective functions which may impact adversely on effective competition law enforcement. The article identifies several shortcomings, both with regard to the development of specific remedies and coordination between different forms of remedies. It is argued that Article 7 decisions may fill a flexible and prospective function, and that these aspects remain under-developed, partly because of the increased use of Article 9 commitment decisions. Moreover, the author points to a pressing need for better coordination between remedies with different functions. It is particularly argued that private enforcement should be more limited than currently reflected in the ECJ case law, and that it should be better integrated with public enforcement.
Intergenerational balance, mandatory retirement and age discrimination in Europe: How can the ECJ better support national courts in finding a balance between the generations?
Authors: Dewhurst Elaine
Published: March 2022

This paper addresses the rather vexed question of intergenerational balance, a balance which has become increasingly more difficult to achieve as a result of the impact of the financial crisis and the demographic crisis in Europe. More particularly, the paper examines the approach of European Union law to the issue of mandatory retirement, an approach which has generally left national courts with the difficult task of balancing the rights of older workers against the claims of younger workers with limited guidance from the ECJ as to how this can be achieved. Through an analysis of the legislative and judicial approach of the European Union and through an examination of the empirical evidence relating to the impact of mandatory retirement policies on intergenerational balance, it is concluded that while the European Union's current approach is justifiable, more specific guidance should be given to national courts to assist them in determining this problematic question. Recommendations as to the scope and content of such guidance are made.
Fiscal federalism in the European Union: Evolution and future choices for EMU
Authors: Hinarejos Parga Alicia
Published: March 2022

In order to besustainable as a multilevel system of fiscal and economic governance, EMU faces certain challenges that are common to all federal, multilevel, or fiscally decentralized systems. This paper focuses on three such central challenges: (1) enforcing fiscal discipline; (2) addressing structural inequalities between different euro area economies; and (3) preventing and countering asymmetric shocks. The paper analyses the evolution of the EU's multilevel system of fiscal and economic governance in relation to these three challenges, showing that they have been only partially addressed. If it were to address these obstacles more fully, the EU would face a crucial choice between two ideal models of integration: The "surveillance model", where Member States maintain all taxing power and where the EU is an enforcer of discipline, and the "classic fiscal federalism" model, where the EU acquires an independent sphere of fiscal authority, and thus its own fiscal tools for macroeconomic stabilization. The paper analyses the implications of both models andargues that the surveillance model, when taken to its natural conclusion, poses as much of a threat to Member States' autonomy, and presents us with similar democratic legitimacy problems, as the classic fiscal federalism model.
Exclusionary discrimination under Article 102 TFEU
Authors: Colomo Pablo Ibáñez
Published: March 2022

The fact that an integrated dominant firm deals on more favourable conditions with its affiliated divisions may be abusive within the meaning of Article 102 TFEU. It is not clear when and why this is the case. It has sometimes been suggested that, as a rule, dominant firms are not entitled to favour their own activities over those of rivals. This piece shows that there is no such thing as a non-discrimination rule applying across the board, which, if anything, would run counter to the logic and purpose of competition law. A case-by-case assessment is thus justified. There are compelling reasons to expand to exclusionary discrimination the principles set out in the Guidance Paper 2008 for the assessment of refusals to deal and "margin squeeze" abuses.
Consumers access to EU competition law procedures: Outer and inner limits
Authors: Mendes Joana , Cseres Katalin J.
Published: March 2022

Enforcement of competition law affects consumers' economic interests, as part of the public interests EU competition law protects. Therefore, consumers ought to be involved in the respective enforcement procedures. Against this normative background, we analyse consumers' access to the public enforcement by the Commission; we assess whether and how the formal role they are assigned during this procedure and the way access is defined enable consumers to protect their economic interests. We identify outer and inner limits to consumers' access to competition enforcement procedures, arising from the Commission's discretion in handling complaints and in defining access to information. We critically evaluate those limits against the contention that the enforcement of competition law rules, and the way it is pursued by administrative actors, ought to be guided by the public interests inherent in EU competition law.
Whats wrong with Schengen? Border disputes and the nature of integration in the area without internal borders
Authors: Cornelisse Galina
Published: March 2022

Border disputes thrived in the Schengen system over the last few years. There was litigation before the ECJ on differentiated integration; there were institutional skirmishes between Parliament and Council; and there were real border disputes between France and Italy in the wake of the Arab Spring. This article uses Schengen's crises in order to elaborate upon a number of flaws and inconsistencies in the acquis, most of which can be traced back to the way in which national and European competences have been delimited in this area. The demarcations in turn betray the contradictory driving forces for Schengen integration. The article concludes that integration in a field so riddled with national sensitivities and supranational symbolism cannot follow a linear, comprehensive and predictable path, which may be problematic in that the European judicial system currently lacks instruments that can contribute towards greater coherence and consistency. As such, Schengen's crises may also tell us something about the shortcomings of traditional legal theories on integration.
Restoring tasks from the European Union to Member States: A bumpy road to an unclear destination?
Authors: Zbíral Robert
Published: March 2022

For a long time, integration was viewed as a one-dimensional deepening  process consisting of the transfer of Member States' competences to the  EU, while the reverse procedure was treated as non-existent. But although  re-nationalization might be considered controversial, it does not have to  be destructive for the EU. This was openly accepted by the Lisbon Treaty,  which specified conditions for exercising competences and introduced the  return of EU competences to the Member States as a viable option. This  article concentrates on the partial restoration of tasks (contrary to  complete repatriation - i.e. withdrawal from the EU), which might be  executed either as repatriation through the revision of primary law or as  deactivation through repeal of secondary law. Attention is given not only  to theoretical legal framework, but also to past empirical practice. As  results indicate, very few restorations have taken place. The text explores  obstacles to re-nationalization and suggests potential solutions.
The game of cards: National parliaments in the EU and the future of the early warning mechanism and the political dialogue
Authors: Jancic Davor
Published: March 2022

The article analyses the subsidiarity guardianship function of national parliaments and argues that, while a positive development, the current concept and practice of subsidiarity monitoring do not satisfactorily address the problem of competence creep and the need to safeguard domestic socio-economic and politico-legal idiosyncrasies. The analysis critically evaluates the two yellow cards hitherto issued within the early warning mechanism and inspects new initiatives for national parliamentary involvement in EU lawmaking – such as the “red card”, “late card” and “green card”. It also assesses the Juncker Commission’s approach to the political dialogue with national parliaments. The article holds that refocusing parliamentary scrutiny towards the principle of conferral and legislative substance is more conducive to alleviating the democratic deficit and increasing EU legitimacy.
The perfect match?a closer look at the relationship between eu consumer law and data protection law
Authors: Reyna Agustin , Helberger Natali , Borgesius Frederik Zuiderveen
Published: March 2022

In modern markets, many companies offer so-called “free” services and monetize consumer data they collect through those services. This paper argues that consumer law and data protection law can usefully complement each other. Data protection law can also inform the interpretation of consumer law. Using consumer rights, consumers should be able to challenge excessive collection of their personal data. Consumer organizations have used consumer law to tackle data protection infringements. The interplay of data protection law and consumer protection law provides exciting opportunities for a more integrated vision on “data consumer law”.
In search of transparency for EU law-making: Trilogues on the cusp of dawn
Authors: Curtin Deirdre M. , Leino Päivi
Published: March 2022

Who controls the information that is part of the EU legislative processes and is the process as a whole under control? This article explores the legal framework and the applicability of that framework to evolving informal practices by the three key institutions (EP, Council, Commission) involved in the EU legislative process. Given the legislative deadlock on an updated transparency regulation, there are challenges relating to the opacity of Council and Member State positions, legal advice and the so-called four-column documents, which are used to map out progress in interinstitutional negotiations. Currently, the institutions themselves keep control and adopt the relevant rules as a matter of internal (or interinstitutional) working arrangements. We argue that when the institutions exercise legislative functions they are in fact exercising highly political functions that define the fundamental policy choices of the Union’s action. This requires not only passive transparency in the form of access to documents but also proactive transparency by the institutions themselves.
The gatekeepers of Article 267 TFEU: On jurisdiction and admissibility of references for preliminary rulings
Authors: Prete Luca , Wahl Nils
Published: March 2022

Traditionally, the Court of Justice has done its utmost to assist national courts in interpreting and applying EU law if national proceedings so required. In line with this spirit of co-operation, the Court seemed ready to interpret the procedural requirements laid down in Article 267 TFEU rather broadly, and gave little weight to procedural errors made by national courts when referring cases under that provision. Indeed, the Court sought to encourage the use of the preliminary ruling procedure. However, after experiencing a significant surge in its judicial activity over the last years, a new trend seems to emerge in the Court’s case law: the judges in Luxembourg more and more rigorously assess whether the formal preconditions for the Court’s jurisdiction and the admissibility of the questions referred by national courts under Article 267 TFEU are fulfilled. National judges as well as lawyers should be aware of this new judicial trend.
How and why the European Union makes reservations to international agreements
Authors: Durand Pierre
Published: March 2022

The EU and EURATOM are the only international organizations ever to have made a declaration entitled “reservation” when approving an international agreement. Though the ability of the EU to express its own consent also implies its ability to make reservations, the legal regime applicable to this new practice needs to be clarified. This article sets out the challenges presented when determining the customary international law rules on reservations applicable to the EU. In particular, uncertainty as to the relevant rules has led to an ambivalent reservations practice. The EU sometimes acts as a unidimensional entity and makes reservations or objections in order to express its own unilateral interests. However, it remains compelled by the multidimensional reality of its status as a regional integration organization. Reservations may thus be a tool to reconcile this reality and accommodate the regime of a multilateral agreement to the participation of an international organization. This article concludes that the EU’s practice provides useful insights into the development of reservations-making by international organizations and into their autonomous participation in international lawmaking more broadly.
Third State participation in EU agencies: Exploring the EEA precedent
Authors: Bekkedal Tarjei
Published: March 2022

The EEA EFTA States are the only non-EU States that have been allowed, on a regular basis, to participate in the work of EU agencies governing the internal market. Participation in the work of an agency does not include the right to vote, nor are third States automatically bound by decisions enacted by the agency. Participation “in the work” of an EU agency is a way of providing decision-shaping rights in exchange to third countries that are willing to enter into mechanisms that grant the binding effect of agency decisions in their territories. As these mechanisms are intertwined with the attribution of decision-shaping rights, the arrangements for participation in the work of an EU agency become highly complex. The paper identifies and examines four different models for participation. It argues that the direct participation of third countries in EU agencies, with voting rights, would be favourable compared to the current approach.
An analysis of the Consular Protection Directive: Are EU citizens now better protected in the world?
Authors: Moraru Madalina
Published: March 2022

In the context of an increasing number of unrepresented EU citizens travelling and residing outside the EU, and changes to the EU’s and Member States’ external representations, this article explores the added value of the Consular Protection Directive, for EU citizens in third countries and, more broadly, for EU citizenship policy. The Directive is one of the most controversial instruments in the field of EU citizenship; it was adopted after four years of intense inter-institutional negotiations and more than two decades after the Maastricht Treaty conferred an EU citizenship right to equal protection in third countries.The article explores the main causes for this long and difficult road to the Directive’s adoption; it then examines the main innovations introduced by the Directive to the implementation of this EU citizenship right, and whether it can, in fact, deliver a better protection for EU citizens outside the EU. It concludes by identifying remaining challenges in implementing the Directive.
The Independence Of The European Court Of Auditors
Authors: Vogiatzis Nikos
Published: March 2022

This article considers the independence of the European Court of Auditors (ECA) from a formal, legal perspective. It argues that the primary constitutional justification behind such independence is the ECA’s need to act on behalf of and defend the EU interest. The paper discusses several dimensions of independence, including the appointment process, the number of ECA Members, and independence in the ECA’s functions (both from the Member States and the EU institutions). Proposals for amendment of the existing legal framework are also explored, the most important being to put the European Parliament on an equal footing with the Council in the appointment process. Underlining that independence should not be conflated with inaccessibility, the ECA is invited to further improve its communication policy and disseminate its findings in a more effective way.
Taking the enforcement of labour standards in the EUs free trade agreements seriously
Authors: Bronckers Marco , Gruni Giovanni
Published: March 2022

The EU is extremely active in negotiating bilateral free trade agreements (FTAs) with preferred trading partners (such as Canada, Colombia, Japan, Korea, Mercosur, Mexico, Peru, Singapore, Vietnam). All these FTAs contain a sustainability chapter, also covering labour standards. They lack sanctions, however, and their enforcement has proven to be weak. In response to increasing calls notably from the European Parliament and civil society, the incoming von der Leyen Commission has promised improvements. This article sets forth a four-pronged proposal: tightening up the standards, upgrading an existing private complaints procedure in the EU as well as FTA dispute settlement, while introducing various sanctions.
Who cares? Caregivers’ derived residence rights from children in EU free movement law
Authors: Hyltén-Cavallius Katarina
Published: March 2022

Under EU free movement law, caregivers may derive a right to reside from a child who is enjoying rights granted under Union law. This article puts three different legal routes to such derived residence rights next to one another, as interpreted and applied in judgments from Baumbast and R. to K.A., to determine their commonalities, divergences, and potential conflicts. The article exposes how recent legal developments have put into question the relevance of the legal basis for derived residence rights of children and their primary caregivers in Article 10 of the Workers Regulation 492/2011, while expanding the scope of application of Article 20 TFEU; prompting a need for further clarification in this area of Union law.
The 2019 Directive on Copyright in the Digital Single Market: Some progress, a few bad choices, and an overall failed ambition
Authors: Dusollier Séverine
Published: March 2022

After four years of fierce debate, the Directive on Copyright in the Digital Single Market was finally adopted in April 2019. The legislative text aims at adapting copyright to the digital world, remedying some gaps and uncompensated uses of works and other subject matter, and enhancing some valuable uses through new or reaffirmed exceptions. Two provisions have been particularly contested. Article 15 creates a new IP right benefiting press publishers in their online news, in an attempt to force Google News and similar platforms to remunerate their use. Article 17 requires video sharing platforms, such as YouTube, to obtain a licence for any copyrighted content uploaded by their users or, by default, to filter such content when requested by rights owners. But the Directive has much more to offer, even though it might not succeed in securing the digital single market it promises.
The two-faced guardian – or how one half of the German Federal Constitutional Court became a European fundamental rights court
Authors: Wendel Mattias
Published: March 2022

In two landmark decisions on the so-called “Right to be forgotten” the First Senate of the German Federal Constitutional Court (FCC) has accepted EU fundamental rights as a standard of review. The article puts this seminal case law in the comparative context of a Europe-wide transformation of constitutional review and demonstrates why, despite several critical concerns, it is one of the most important developments in the history of the FCC’s fundamental rights jurisprudence. By allowing individuals to directly rely on the EU Charter within the framework of a constitutional complaint, the First Senate (re)-centralizes fundamental rights review within the FCC and acknowledges fundamental rights pluralism in Europe. However, this new development does not herald an entirely new era of EU-related case law of the FCC, given that its Second Senate is still on its path of constitutional entrenchment. This turns the FCC into a two-faced guardian: the first face looks outward through the Basic Law’s permeability towards EU fundamental rights, the second looks inward at the impermeable core of the Constitution.
The art of casting political dissent in law: The EU’S framework for the screening of foreign direct investment
Authors: Hindelang Steffen , Moberg Andreas
Published: March 2022

This paper describes and analyses the EU Regulation establishing a framework for the screening of foreign direct investments (FDI) into the Union.The negotiations that preceded the adoption of the Regulation were characterized by greatly divergent views of Member States on the proper use of FDI screening. Under such conditions, the Regulation’s framework for administrative cooperation and information sharing was as much as the Commission could hope for. The main challenge going forward lies in balancing the policy priorities of individual Member States in determining what constitutes a threat to security and public order, with the needs of the collective, that is the EU. In that respect, the indicative criteria set out in the Regulation may initiate a drive towards a rough consensus. While any ambition to fully harmonize FDI screening has now become only a long-term goal, this paper finds that the Regulation has established a nascent EU screening mechanism, albeit a well-camouflaged one.
Judicial protection and the environment in the EU legal order: Missing pieces for a complete puzzle of legal remedies
Authors: Hadjiyianni Ioanna
Published: March 2022

This article evaluates the extent to which different actors have access to judicial and administrative redress mechanisms in relation to environmental matters at different levels of the EU legal order and whether this combination amounts to a complete system of legal remedies. Recent case law reaffirms the ECJ’s restrictive approach to standing in actions for annulment, which often prevents non-privileged applicants from challenging the legality of EU law in environmental cases. This is contrasted with the demanding approach to grant wide access to national courts, which can lead to the ECJ through preliminary references. The divergent approaches as to what is required at the national and at the EU level is problematic in light of the Aarhus Convention. It also raises concerns as to whether effective judicial protection is achieved, given that preliminary references on validity are rare.
Turning Gold Into Green: Green Finance In The Mandate Of European Financial Supervision
Authors: De Arriba-Sellier Nathan
Published: March 2022

Following the Paris Agreement and pursuant to its objective of reordering financial flows to ensure climate change mitigation and adaptation, green finance has become a legislative priority for the European Union. This was illustrated by a unique, albeit limited, change in the mandate of the European Supervisory Authorities. This article takes this amendment as a starting point to discuss the responsibility of supervisory authorities in facing climate change. Despite clear limits stemming from Union law, a broad legal analysis sheds light on obligations for supervisory authorities across Europe to consider climate change as part of their mandate. This finding is supported by the growing recognition of climate change as a source of financial risks. Consequently, the mandate of European financial supervision is turning green, regardless of a legislative intervention.
Analysis of Enterprise Safety Ideology and Human Error
Authors: Wang Jiajian , Liu Feiyue
Published: March 2022

Based on relevant experience and management practice, this paper summarizes the construction method of good safety ideology in the company, and verifies this method with popular cases this year, and discusses in detail the great role of the company's safety ideology in preventing human error. The unity of knowledge and action, employees themselves establish the correct ideology and practice safe behavior; the company builds a solid safety behavior track, corrects employees' wrong behaviors, and leads the direction of correct behavior. The two are combined to build the overall safety ideology of the company and prevent human errors.
Research on Practical Teaching Mode of Collaborative Education of Science and Education for Master of Arts based on Compound Space
Authors: Ye Dehui , Tan Yuanyuan , Chu Haifeng
Published: March 2022

With the continuous deepening of education reform, the training objectives of Master of Arts graduates have begun to emphasize the "integration of theory and practice". In the face of a brand-new teaching system model, in the teaching process of cultivating a master of arts, how to improve the subjective initiative of students, the timeliness and spatiality of practical teaching organization is of great practical significance. Aiming at the characteristics of master of arts that need to cultivate practical and innovative graduate talents, this paper develops a studio practice teaching model that educates people through a science and education system, constructs a compound graduate teaching space, makes the practical teaching space more open, and not only expands the practice horizontally the platform also realizes the in-depth interaction between teachers and students from the vertical. The construction ideas, characteristic content, and application strategies of this model enrich the teaching content and form of the Master of Art, and provide an effective reference mechanism for improving the current practical teaching quality of the Master of Art and Design.
Research on the Design of Graphic Public Welfare Posters based on Semiology
Authors: Chen Jie
Published: March 2022

The theory of semiology as basis, first, the denotative meaning of the signifier and the signified generation in the vision of the graphic public welfare posters of natural resource protection were demonstrated and analyzed, as well as the connotative meaning of the ideological level in the dual characteristics, then the symbolic analysis, induction, deconstruction and construction were carried out in accordance with the division of binary composition, dual characteristics and different representation modes of symbolic graphics, and applied them to the actual creative process. In the design process, the extraction and transformation of different types of symbolic elements, such as color, graphics, and materials, isomorphism, symbolism and other creative expression were combined to carry out graphic poster design around the theme of "water resources conservation".
Reconstruction of Medical Aid System under the Dilemma of Poverty Caused by Illness
Authors: Zhou Yao
Published: March 2022

As the last line of defense in the medical security system, medical assistance should focus on the rural people in poverty as well as the marginalized people in poverty, playing an important role in preventing "poverty due to illness". As time goes by, poor people caused by illness have become the mainstream of medical assistance, gradually gaining the government attention. At present, the medical aid for the poor due to illness faces the following dilemmas: the lack of unified medical aid standards, the failure of government functions, and the difference in the regional collection of medical aid funds. Therefore, it is necessary to speed up the establishment of a unified medical aid system, improve the government's functions, and enhance the bottom-up support of medical aid combined with social forces, so as to increase the aid scale of those in poverty due to illness.
The Positive and Negative Aspects of Globalization
Authors: Zhou Qihuan
Published: March 2022

Globalization is one of the typical features of today's world development, and most of the countries in the world have a high degree of recognition for the expansion of openness, fueled by the strategic positioning of open development and the "liberal theory". Globalization creates an expanded global market and allows sources to be allocated efficiently while create pollution and increase the wealth gap at the same times. This article provides two positive and negative aspects of globalization to better understand what impacts globalization brought to human beings.
The Influence of Artistic Thought on Modernist Design
Authors: Huang Jiongming , Tong Lu
Published: March 2022

The end of the 19th century in the early 20th century, in order to solve the problem of the design, in places such as Europe and the United States the rise of modernism design movement, it has changed the previous design for the upper classes, such as noble as the service object, did it for the first time to serve the broad masses of the people, is a subversive design movement, for after laid a solid foundation for the industrial production. The purpose of modernism design is to emphasize that design should change with the changes of The Times, in line with the development of post-war society at that time, and also produced a variety of artistic styles. Constructivism in Russia, styleism in The Netherlands, Bauhaus in Germany and industrial design in the United States all paid attention to the characteristics of materials and the application of new technologies in their design, advocating the design ideas of "form serves function" and "less is more". Among them, the article mainly discusses the influence of Russian constructivism and Dutch style school on modernist design, and lists the evolution of German and Japanese design under the influence of contemporary art trend.
Pro Kontra Kitab ‘Uqud Al-Lujjain Karya Syaikh Nawawi Al-Bantani Menurut Forum Kajian Kitab Kuning (FK3) Dan Forum Kajian Islam Tradisional (FKIT)
Authors: M. Nur Khotibul Umam
Published: March 2022

Penelitian ini dilatar belakangi oleh adanya perbedaan pemahaman sebuah kitab klasik yang menjelaskan mengenai tuntunan berumah tangga, kitab tersebut adalah kitab Uqud al-Lujjain karya Syaikh Nawawi al-Bantani. Adanya pro kontra dari kalangan intelektual muslim dengan adanya pengkajian dan telaah atas kitab tersebut oleh tim Forum Kajian Kitab Kuning (FK3) dalam bukunya “Wajah Baru Relasi Suami-Istri Telaah Kitab Uqud al-Lujjayn”. Kemudian beberapa kalangan pesantren di kabupaten pasuruan yang tergabung dalam tim Forum Kajian Islam Tradisional (FKIT) menunjukkan pembelaannya atas kitab Uqud Al-Lujjain dengan menerbitkan buku yang berjudul “Menguak Kebatilan Dan Kebohongan Sekte FK3 dalam buku Wajah Baru Relasi Suami-Istri Telaah Kitab Uqud al-Lujjayn”. Dengan adanya pro kontra tersebut, maka penulis ingin mengetahui pandangan dari dua sudut  pandang tersebut. Penelitian ini menggunakan jenis  penelitian  pustaka (library  research),  yaitu  penelitian  yang  menggunakan  cara  membaca  buku atau bahan-bahan pustaka yang berkaitan dengan masalah yang menjadi permasalahan. Adapun hasil penelitian menunjukkan bahwa. Pro kontra tersebut sama-sama memiliki dasar penetapan yang kuat, baik kitab Uqud al-Lujjain maupun telaah FK3 yang bisa di gunakanan sebagai dasar pertimbangan dalam berumah tangga dalam rangka menggapai kemaslahatan bersama terlepas dari perbedaan penafsirnnya dan dalam memahami kitab klasik se fenomomenal Uqud al-Lujjain tersebut perlu adanya bimbingan sebagai kontrol dan arahan sanad yang tepat dalam membangun rumah tangga.