bluuebunny/crossref_metadata_2025 huggingface dataset:
Association of heavy bag lifting time with postural pain in secondary school students
Authors: Zaheer Maha , Fatima Noor , Riaz Usman , Haseeb Narmeen
Published: March 2022

To determine the association between heavy bag lifting with posture among secondary school students. METHODS: This study was a cross sectional survey. Based on sample of convenience, total 380 Students of both gendersbelonging to Beaconhouse School System, KIPS School System,Educators School and The Punjab School System were included with an age 14 to 17 years (school grade 9 to 12). The data was collected using the Reedco scale and Grimmer’s Questionnaire for assessment of posture and, use of heavy bags andits associated pain, respectively. RESULTS: The majority of participants in this consisted of young adults above 12 years (39%) and below 12years (34%) with male predominant (54%). 370 students out of 380 were carrying heavy bags. The types of bags they mostly carry were backpacks (51%), satchel (34%) and others (15%). 48% of these students never used lockers and 40% of them often use locker 55% of them never use waist belt to carry bag.  Most of the students 48% spend 11 to 20 minutes for carrying bag per day.61% of them carry extra load (water bottles, lunch boxes, guide books) with them also. Out of 380 students 246 had pain in different body regions due to heavy bags 64% had neck pain and 53% had upper back pain while 19% had shoulder pain. Out of 184 students that carry bag from 11 to 20 minutes, 115 had poor neck posture, 133 had poor shoulder posture 25 had poor head posture and 5 had poor upper back pain and that carry from 21 to 30 minutes out of 167 students 122 had bad neck posture and 132 had poor shoulder posture 50 had poor head posture 105 had poor upper back posture. CONCLUSION: There was found significant association between heavy bag lifting and poor posture with related pain in regions of cervical followed by upper back in secondary school students.
Pranciškonų spaustuvės leidiniai Lietuvos mokslų akademijos Vrublevskių bibliotekoje
Authors: Braziūnienė Alma
Published: March 2022

1671 m. Vilniuje veiklą pradėjusios Pranciškonų konventualų spaustuvės raida ir leidiniai spaudos istorikų įdėmiau nėra tirti. Manoma, kad iš viso per gyvavimo šimtmetį (1671–1781, su pertraukomis) ši spaustuvė yra išleidusi daugiau kaip 160 pavadinimų leidinių, iš jų lietuvių kalba – 13. Straipsnyje apžvelgiamas spaustuvės steigties kontekstas, pateikiami raidos metmenys, teminiu, kalbiniu, poligrafiniu-meniniu požiūriais nagrinėjami Lietuvos mokslų akademijos Vrublevskių bibliotekoje esantys šios spaustuvės leidiniai (67 pavadinimų). Daroma išvada, kad, laikoma viena iš vadinamų mažųjų LDK oficinų, Pranciškonų spaustuvė atliko vaidmenį LDK spaudos istorijoje: jos leidiniai įsiliejo į LDK leidinių visetą ir jį reikšmingai pagausino. Esminiai žodžiai: Pranciškonų spaustuvė; LDK spaudos istorija; spaudos paveldas; Vilniaus leidiniai; Lietuvos mokslų akademijos Vrublevskių biblioteka.
Azpititulazioa eta bikoizketa: bigarren hizkuntzak ikasteko estrategia motibagarriak
Authors: Contreras-de la Llave Natalia
Published: March 2022

Gure gizartean, gero eta leku handiagoa ari dira hartzen irudia zein teknologien eta sare sozialen erabilera demokratizatua. Halako gizartean, bada, bideoa ezinbesteko elementu bihurtu da hizkuntzen irakaskuntzan, eta oso eraginkorra eta motibatzailea gerta daiteke, planteamendu didaktiko sendoekin erabilita. Azpititulazioak eta bikoizketak —ikus-entzunezko itzulpenaren mundutik datoz modalitateok— hamar urtetik gora daramate bigarren hizkuntzen irakaskuntzari buruzko ikerketa didaktikoan, eta ikaslea jartzen dute ikaskuntzaren erdigunean, hura baita aktore nagusia. Lan honetan, modalitate horien egoera teorikoaren sarrera labur bat egingo da, eta hizkuntzen irakaskuntzarako eskuragai eta erabilgarri izan daitezkeen proposamen didaktikoen zenbait adibide emango dira.
Financial penalties under Article 228(2) EC: Excessive complexity?
Authors: Kilbey Ian
Published: March 2022

This article looks at the way that the Commission and the Court have dealt with the issue of financial penalties under article 228(2) EC. It examines the communications issued by the Commission and the judgments of the Court and argues that, between them, the two institutions have made this area unnecessarily complex and are creating problems for the future. In particular, there are important inconsistencies regarding duration, partly – but not entirely – related to the distinction between the actual duration of the breach, and the dates of various procedural steps taken A simplified alternative is proposed.
Rough justice? An analysis of the European Commission’s new fining guidelines
Authors: Völcker Sven B.
Published: March 2022

In June 2006, the Commission published its new “Guidelines on the method of setting fines” (the ‘2006 Guidelines’), superseding its earlier guidelines dating back to 1998. The 2006 Guidelines mark a significant change in methodology, replacing the previous ‘lump sum’ approach with one more closely tied to the undertaking’s sales in the affected markets. The 2006 Guidelines also place greater emphasis on the infringement’s duration and provide for significant fine increases for recidivism. These changes do not appear to have been motivated by judicial censure, but rather by the Commission’s own realization that the previous approach lacked consistency and transparency, and that it may not have set the right kinds of incentives to discontinue anticompetitive conduct.

Only the 2006 Guidelines’ application in practice will show to what extent they achieve their aims. As a result of the change in methodology, the Commission and the courts will likely have to address a number of novel questions, such as the Commission’s discretion in determining the ‘gravity factor’, the calculation of the ‘value of sales’ affected by the infringement, the appropriateness of the last year of the infringement as the relevant reference year, and the application of the multipliers for recidivism and deterrence. More fundamentally, one could question whether (i) the 2006 Guidelines will not result in disproportionately higher fines on multi-product companies; (ii) the Guidelines set the right incentives to terminate anticompetitive conduct in some situations; (iii) the Guidelines will result in a net gain in transparency and predictability given the impact of multipliers whose application is subject to wide Commission discretion; (iv) the Commission has not bound its discretion too much in other respects; and (v) the Guidelines will not undermine other Commission policies, namely the leniency programme and its plans for a system of direct settlements.
Effect of Commission decisions on private antitrust litigation: Setting the story straight
Authors: Komninos Assimakis P.
Published: March 2022

This article deals with the topical question of the effect of existing or contemplated Commission decisions in the area of competition law enforcement in relation to national civil litigation. It argues that national courts are independent of the European Commission and that the “supremacy” rule of the Masterfoods ruling of the Court of Justice and of Article 16 of Regulation 1/2003 ought not to be interpreted as a broad rule of precedence of public over private enforcement, which would be undesirable, but rather as an instance of the Community law principle of supremacy. For that reason, the duty imposed on national courts is in reality a negative duty of abstention, i.e. a duty “not to contradict” Commission decisions, and not a positive duty to follow entirely such decisions, since the latter do not produce a positive binding effect in a system of parallel competences. At the same time, the courts’ duty not to contradict Commission decisions extends only to the operative part of Commission decisions and not to their reasoning, which means that courts are never bound by decisions dealing with merely similar facts. Based on these premises, the article proceeds to examine four different scenarios of conflict between Commission administrative and national civil proceedings and to propose ways to resolve such conflicts.
Article 87 EC and the Community courts:From revolution to evolution
Authors: Braun Jens-Daniel , Kühling Jürgen
Published: March 2022

The authors put forward several assumptions as regards the development of EC State aid law.First, they argue that after a period of rather revolutionary changes running from 2000 to 2003 where the Court has used a series of suitable cases to redefine the notion of State aid, the following years have been a phase of consolidation and slow evolution Second, they demonstrate that the Courts have provided for more clarity as regards the criteria of Article 87 (1) EC in the last few years although, the brevity of the Court’s reasoning still poses a significant problem. Particularly the selectivity criterion still lacks sufficient clarity. Third, the application of the more economic approach of the Commission is to be welcomed in principle in the authors’ view as it might bring about the opportunity to have a stricter rationale in the application of Article 87 (3) EC. Fourth, the most important challenge for the future of EC State aid law lies in finding an answer to the question how to improve the enforcement of the existing rules. Fifth, they argue that better control and enforcement at the national level is of key importance. According to the authors, innovative institutional arrangements such as the Commissioner for Public Aid in Cyprus might be needed in this respect. Finally, they show that the current approach of the Community Courts with regard to the question of standing is not convincing and serves as a disincentive to competitors to bring cases before the Community Courts.
Plate tectonics in Luxembourg: The ménage à trois between EC law, international law and the European Convention on Human Rights following the UN sanctions cases
Authors: Kunoy Bjørn , Dawes Anthony
Published: March 2022

In a series of judgments over the last few years, the CFI declined jurisdiction to determine whether EC regulations which transposed UN Security Council resolutions into the EC legal order were contrary to fundamental rights. These judgments thus called into question the traditional relationship between European law and international law and the oft–repeated mantra that the EC Treaty has established a complete system of legal remedies. However, on appeal in Kadi and Al Barakaat, the ECJ overturned the CFI’s findings and reinstated the “traditional” position of the Community Courts

This article analyses the reasons for the CFI’s apparent break with previous orthodoxy and the justifications put forward by the CFI to support such a move. It starts by briefly recalling how fundamental rights were introduced by the ECJ into the EC legal order. It then discusses the interaction between the Community Courts and the European Court of Human Rights and how the ECJ’s judgment in Kadi and Al Barakaat takes this interaction a step further. Finally, the article reviews the traditional relationship between EC law and international law, how the CFI’s judgments modified that relationship in relation to UN law, and why the ECJ was right to reject such a change.
Co-ordination of Social Security in the European Union: An Overview of recent case law
Authors: Paskalia Vicki
Published: March 2022

This overview covers the case law of the Court of Justice in the field of social security law during the last five years. The overview shows that the most usual issues were about exportability of benefits, in particular special non-contributory benefits, and calculation of contributions. It shows further that important developments have occurred in several fields of the co-ordination law but also that considerable confusion and gaps continue to exist. Among the most sensational developments must be counted the establishment of the rule that even restrictions to exportability of special non-contributory benefits can be contrary to the free movement provisions of the Treaty, if they entail an unacceptable degree of unfairness, as well as about reimbursement of medical costs for treatment in another Member State despite lack of previous authorization. Considerable confusion continues to exist with regard to the choice of law principles, while the co-ordination law contains gaps with regard to calculation of contributions, when income is made in several Member States. Furthermore, it is shown that the determination of the material scope of Reg. 1408/71, especially when it comes to benefits related to care, continues to be a complicated issue.
The Protection of Privacy in the Economic Sphere before the European Court of Justice
Authors: Oliver Peter
Published: March 2022

This article focuses on five recent judgments of the ECJ and CFI: ProMusicae, Varec, Pergan, Bavarian Lager and Satamedia. Taking as its starting-point the case law of the European Court of Human Rights (ECtHR) on Article 8 ECHR and on Articles 7 and 8 of the Charter of Fundamental Rights, the author considers how the Community Courts have approached the protection of privacy in the economic sphere (i.e. as regards matters relating to undertakings within the meaning of Arts. 81 and 82 EC and the economic aspects of the lives of natural persons) in the various relevant sectors, especially: data protection, the protection of business and other professional secrets, defamation and inspections (Hoechst and Roquette). Within each of these sectors, particular attention is paid to the specific provisions and case law relating to competition. Inevitably, the inherent tension between the protection of privacy and the principle of transparency repeatedly comes to the fore. Generally speaking, the author welcomes the approach taken by the Community courts, notably their increased emphasis on fundamental rights. However, he claims that, where the case law of the ECtHR is uncertain, this emphasis has at times occurred at the expense of the uniformity of Community law and even of legal certaintly - a development which is of particular concern when the unity of the internal market is at stake. The judgments in ProMusicae and Satamedia are then criticized in this regard.
Single, Overall Agreement in EU Competition Law
Authors: Bailey David
Published: March 2022

This article examines the concept of a single, overall agreement in EU competition law, in particular in relation to Article 101 TFEU. The concept has generated great controversy, not least because it can affect whether or not the Commission’s power to impose penalties is time-barred. While such limitation makes enforcement harder, companies also have a right to certainty. The article explains the origin and implications of finding a single, overall agreement (also known as a single and continuous infringement). The article then suggests five conditions for characterizing agreements and/or concerted practices as the constituent elements of a single, overall agreement. In particular, it argues that it is not necessary for each offending undertaking to produce every one of the cartelized products. Rather the key issue should be the interdependence between the various cartel arrangements and, for example, whether their duration, types of cartel behaviour and objectives are closely linked.
Export Restrictions within the Structure of Free Movement of Goods: Reconsideration of an Old Paradigm
Authors: Szydlo Marek
Published: March 2022

Although the Groenveld formula, concretizing the notion of measures having equivalent effect to quantitative restrictions on exports, is very often perceived as encompassing only those measures that are directly discriminatory, the ECJ’s jurisprudence proves that the Court is ready to include within that formula also the indistinctly applicable rules constituting indirect discrimination (Gysbrechts). In the present article it is submitted that the concept of measures having equivalent effect to quantitative restrictions on exports should encompass also non-discriminatory measures which hinder the access of exported goods to markets in other Member States, i.e. which trigger some perceptible difficulties within the activity of exporters (additional expenses or additional administrative or financial burdens), interfering with their commercial freedom to an extent that is not merely uncertain or indirect. The inclusion of such measures within the scope of Article 35 TFEU would be justified especially in the light of recent developments of the Court’s case law concerning Article 34 TFEU. The inclusion of non-discriminatory measures within the scope of Article 35 TFEU would make the system of fundamental freedoms more transparent and coherent, thus eliminating the hardly understandable situation in which the given measure, while prohibited by Articles 34 or 49 TFEU, is nonetheless permitted under Article 35 TFEU. Moreover, it is submitted that this is the concept of market access that should become the central issue within the fundamental freedoms’ dogma, covering not only market entry as such, but also the continued presence on the market.
Eu Financial Market Regulation after the Global Financial Crisis: “More Europe” or more Risks?
Authors: Moloney Niamh
Published: March 2022

This article charts the EU’s regulatory response to the global financial crisis, and explores what the response suggests about the new regulatory landscape and its risks. It explores how the current reform programme, in contrast to earlier reform periods, has been dominated by a concern to manage the pathology of the internal market through intensive EU “rules on the books” (law-making) but also, and for the first time in EU financial market regulation, through more radical “rules in action” (supervision and enforcement).

The defining feature of the post-crisis reform movement seems to be the array of influences, chief among the new institutional structures, which are driving the financial markets regime toward greater centralization. The article examines this decisive move towards “More Europe” and assesses its ramifications. It argues that, while radical reform is certainly needed, the extent to which the EU now governs financial market regulation does generate risks, particularly with respect to the extent to which Member State flexibility and discretion is being squeezed from the regime.
The resilience of EU market citizenship
Authors: Shuibhne Niamh Nic
Published: March 2022

This article argues that EU citizenship has not (yet?) evolved beyond a construction of market citizenship. The argument does not make a normative claim that EU citizenship is “destined”, to paraphrase the Court of Justice, only and ever to remain a form of market citizenship. But drawing from both the nature of the EU as a polity and the material impact of its citizenship thus far, it suggests that market citizenship endures as at least one valid and credible way of capturing how EU citizenship has developed in reality. The particular qualities of the EU transnational market are explored so that the possibilities afforded by market citizenship are strongly contextualized. The intricate links between the EU and its Member States and the persisting significance of free movement rights are also discussed as defining characteristics of EU market citizenship. The growing impact of developments beyond free movement law is recognized to a certain extent, but this is not construed as an equally paced alchemic reaction in legal, social or political terms. The overall argument presented does not seek to dismiss or displace the wealth of normative thinking that conceptualizes EU citizenship (contested as it is) in both creative and challenging ways. Rather, the article reflects on the extent to which we are actually “there yet” in empirical terms.
Free movement of goods in a labyrinth: Can Buy Irish survive the crises?
Authors: Hojnik Janja
Published: March 2022

The article explores the legal status of consumer ethnocentrism in the EU and how the three simultaneous crises of the present time (economic, food and climate change) challenge the EU Court's judgment in Buy Irish, which presents the foundation for uprooting negative consumer stereotypes towards products from other Member States and protectionism. Various national campaigns of EU Member States that try to raise consumer ethnocentrism are discussed in light of the established case law of the EU Court, thereby highlighting new circumstances, in which the principle of free movement of goods, particularly of food, is currently situated. In this respect, in a recent Green Paper on promotion of the tastes of Europe (COM (2011) 436) the Commission adopted an apparently new approach towards local and regional food markets, by expressly recognizing the importance of short distribution channels for national traditions, food security (and self-sufficiency) and combating climate change. This "new approach" could have considerable consequences for the legitimacy of national initiatives to promote domestic purchase, thereby compromising a thirty year old judgment - Buy Irish and free movement of goods in general.
Between judicial minimalism and avoidance: The Court of Justices sidestepping of fundamental constitutional issues in Römer and Dominguez
Authors: Pech Laurent
Published: March 2022

This article concentrates on the issues left unaddressed by the Court of Justice in the cases of Römer and Dominguez. After clarifying the nature of the "constitutional" issues raised by these two cases and describing how the Court sidestepped them, this article examines how the principle of non-discrimination on grounds of sexual orientation and entitlement to paid annual leave should be categorized within the hierarchy of norms of the EU legal order, before considering their scope of application and justiciable nature in the context of national litigation relating to the alleged failure of a public employer and a private employer to comply with Directive 2000/78 in the case of Römer, and Directive 20003/78 in the case of Dominguez. Three main points are defended: firstly, it is submitted that the Court must systematically refer to the Charter when adjudicating fundamental rights issues and avoid using ambiguous phrasing when referring to fundamental rights or principles that are undoubtedly enshrined in it; Secondly, it is argued that the Court must work on the presumption that in the post-Lisbon EU, the fundamental rights set out in the Charter must also be regarded as general principles of the Union's law; Thirdly, this article defends the view that Article 51(1) of the Charter does not offer clear authority for the proposition that Charter rights lack horizontal direct effect and that in any event, the Court should not rule out the analogous application of the reasoning it developed in Kücükdeveci.
Termination and cure under the Common European Sales Law: Consumer protection misunderstood
Authors: Wagner Gerhard
Published: March 2022

The CESL'sscheme of remedies for defective performance by the seller is different for commercial sales and for consumer sales. In case of a commercial transaction (B2B), the seller has a right to cure defective performance either by repair or by replacement, before the merchant-buyer is entitled toterminate the contract. The priority of cure over rescission offers an efficient solution as it keeps buyer opportunism at bay, while preserving the incentives of the seller to deliver conforming goods. The scheme of remedies for transactions involving consumer-buyers(B2C)deviates from this reasonable solution as the buyer, in the case of defective tender, is entitled to immediate rescission. The right to immediate cancellation is meant to privilege consumer-buyers but, in truth,this backfires as it increases the costs of sellers without benefitting buyers in the same or a higher measure. The right to immediate rescission allows buyers to call off the contract for opportunistic reasons, such as a drop in market price or, more importantly, a revision of personal preferences. The resulting increase in the costs of sellers will be passed on to the class of buyers through price increases. In this way,opportunistic buyers will be able to shift the costs associated with their behaviour to faithful buyers who will be forced to cross-subsidize their opportunistic brethren. It seems that this rather sad outcome is not what the framers of the CESL had in mind when they tried to enhance the remedies of consumer-buyers.
The questionable basis of the Common European Sales Law: The role of an optional instrument in jurisdictional competition
Authors: Posner Eric A.
Published: March 2022

The Common European Sales Law is designed as an optional instrument that European parties engaged in cross-border transactions could choose for their transactions in preference to national law.  The goal is to increase cross-border transactions and perhaps to enhance European identity.  But the CESL is unlikely to achieve these goals.  It raises transaction costs while producing few if any benefits; it is unlikely to spur beneficial jurisdictional competition; its consumer protection provisions will make it unattractive for businesses; and its impact on European identity is likely to be small.
Who's afraid of the Charter? The Court of Justice, national courts and the new framework of fundamental rights protection in Europe
Authors: Sarmiento Daniel
Published: March 2022

The Charter of Fundamental Rights of the European Union has forced the European Court of Justice and its national counterparts to face a series of difficult and principled questions: Who is the ultimate interpreter of fundamental rights in Europe? Which standard of protection is to be given priority? How does the Charter bind Member States when applying EU Law? This article argues that the first seminal decisions of the European Court of Justice on the matter, in particular the judgments in AkerbergFranssonand Melloni, have set the ground for a new framework of fundamental rights protection in the European Union. However, this framework does not depend on the sole authority of the Luxembourg court, but on a complex system of checks and balances that will demand complicity and commitment on the part of national supreme and constitutional courts.
Judicial appointments: The Article 255 TFEU Advisory Panel and selection procedures in the Member States
Authors: Van Der Sluis Marijn , Dumbrovský Tomáš , Petkova Bilyana
Published: March 2022

This article assesses recent reforms of the appointment procedure for members of the Court of Justice and the General Court. We evaluate the effects of the establishment of the Article 255 TFEU Panel. Next to a discussion on the transparency of the Panel's opinions, the criteria set and the role it plays in reappointments, we present case studies of the selection procedure in fourteen Member States, representing new and old, and small and large Member States. Our analysis shows that far from being a paper tiger, the Article 255 TFEU Panel has proven to have a significant impact: it has had a chilling effect on a number of national nominations but also indirectly influenced the selection processes in some Member States, thus limiting arbitrariness. However, opening up judicial appointments to scrutiny at both the EU and the national level has resulted in a subtle move into the direction of judicial self-government.
Competition litigation before the General Court: Quality if not quantity?
Authors: Prek Miro , Lefèvre Silvère
Published: March 2022

This article explores the extent of the review exercised by the General Court of the European Union in the field of competition litigation and underlines its intensification in three directions: the assessment of the legality of the Commission’s decisions, the exercise of its unlimited jurisdiction in relation to fines and penalty payments, as well as the control of the Commission’s use of its investigatory powers. It is also observed that this more in-depth review takes place in the context of a drop in the number of applications for annulment lodged before the General Court in competition cases, due notably to the success of the commitments procedure introduced by Article 9 of Regulation 1/2003 as well as the limitations set by the case law of the Court of Justice on the review the General Court may exercise over the decisions resulting from this procedure.
Jurisdiction for cross-border intellectual property infringement cases in Europe
Authors: Torremans Paul L.C.
Published: March 2022

Cross-border infringement of intellectual property rights raises a number of issues. The Internet means that such cases arise ever more frequently. It is against this backdrop that this contribution looks at how the territorial international intellectual property system copes, and how EU rules on private international law can assist in resolving these issues. The contribution looks merely at jurisdiction issues, but includes suggestions to improve the private international law rules in this area.
Family ties: The intersection between data protection and competition in EU law
Authors: Lynskey Orla , Costa-Cabral Francisco
Published: March 2022

Personal data is a valuable commodity in the digital economy, and companies compete to acquire and process this data. This rivalry is subject to the application of competition law. However, personal data also has a dignitary dimension which is protected through data protection law and EU Charter rights to data protection and privacy. This paper maps the relationship between these legal frameworks. It identifies the commonalities that facilitate their intersection, whilst acknowledging their distinct methods and aims. It argues that when the material scope of these legal frameworks overlap, competition law can incorporate data protection law as a normative yardstick when assessing non-price competition; data protection can thus act as an internal constraint on competition law. In addition, it advocates that following the Lisbon Treaty, data protection and other fundamental rights also exercise an external constraint on competition law and, in certain circumstances, can prevent or shape its application. As national and supranational regulators grapple with the challenge of facilitating a dynamic information economy that respects fundamental rights, recognition of these constraints would pave the way for a more coherent EU law approach to the digital society.
Thinking justice outside the docket: A critical assessment of the reform of the EUS court system
Authors: Alemanno Alberto , Pech Laurent
Published: March 2022

The 2015 reform of the EU’s court system will go down in history as the most radical transformation of the EU judicial architecture since the establishment of the General Court in 1989. It doubles the number of General Court judges but also dissolves the Civil Service Tribunal. This article offers a critical assessment of these two major, structural changes, addressing both the process by which they were adopted and their overall merits. After providing a detailed examination of the reform’s tortuous legislative history and highlighting its unique underlying procedural feature – with the Court itself initiating the process – this article identifies and systematizes its major shortcomings. It criticizes the underlying diagnosis and the cure administered. It concludes by presenting this reform process as a missed opportunity to address, in a more holistic manner, the pressing non-docket related challenges facing the EU judicial system, in particular, to reform a governance structure which is no longer fit for purpose considering the massive transformation of the EU judicial branch since 1951.
The evolution of ESMA and direct supervision: Are there implications for EU supervisory governance?
Authors: Howell Elizabeth
Published: March 2022

This article situates the European Securities and Markets Authority (“ESMA”) within a broader policy context. It explores ESMA’s pro-active use of its direct supervisory and enforcement powers, and reflects on how EU supervisory governance is evolving. The article speculates that although ESMA is still at a fledgling stage with respect to its direct responsibilities, it is strengthening its reputation as a credible, pro-active supervisor, and is becoming an important driver in EU supervisory governance. The article suggests that, over time, ESMA’s influence could result in the greater centralization of supervisory governance at the EU level, but that any such shifts are likely to continue to take place slowly. Further, although there are a number of constraints to ESMA’s operation, the article speculates that none of these are intractable.
The european banking union:a shift in the internal market paradigm?
Authors: Tuominen Tomi
Published: March 2022

Has a shift occurred in the internal market paradigm towards an economic union paradigm, whereby the internal market is used to foster economic policy goals adjacent to the Economic and Monetary Union (EMU)? The Banking Union is a case in point in this shift, as it stands at the crossroads between the internal market and the EMU. In the Banking Union, internal market and monetary and economic policy objectives are intertwined. This article maps out this shift and assesses how Article 114 TFEU has been used in it. The article argues that although the establishment of the Banking Union seems to be a natural continuum of developing the internal market and the EMU, such use of Article 114 TFEU is questionable in light of current doctrine and problematic due to the asymmetry of the EMU.
EU external competences in the field of migration: How to act externally when thinking internally
Authors: Andrade Paula García
Published: March 2022

This article reviews the rules relating to the existence and nature of EU external competences, as deduced from ECJ case law and its Treaty codification, and considers their application to the different dimensions of migration, such as readmission, borders, visas, and legal migration. The analysis is complemented by an assessment of some competence-related issues arising out of the recourse by the EU to courses of action additional to the specific exercise of its external competences on migration. Particular emphasis is placed on the use of EU development cooperation policy and CFSP powers to achieve migration management purposes; the EU powers for the international implementation of the migration clauses of association agreements; as well as the competence controversies ensuing from the adoption of soft law instruments for migration cooperation with EU partners.
Opening up the horizon: The ECJs new take on country sanctions
Authors: Beaucillon Charlotte
Published: March 2022

“Country sanctions” refer to a range of measures taken against third States generally both in reaction to an alleged breach of their international obligations and to force the target to amend its conduct accordingly. Until recently, country sanctions were overshadowed by the case law on counterterrorism sanctions. As of now, country sanctions will probably prevail in terms of case load and innovation. The present study is based on the systematic analysis of over 100 decisions by the EU judicature forming the country-sanctions case law of the last four years and aims to interpret and set out the new perspectives of this case law along two main structural lines. First, it focuses on the constantly renewed contribution from the ECJ to flesh out the principles underpinning the EU’s power to impose country sanctions. Second, it presents the results of the systematic analysis of available case law with the aim of better understanding the core legal issues that will frame future country sanctions under EU law.
The enforcement of Article 101 TFEU: What has happened to the effects analysis?
Authors: Witt Anne C.
Published: March 2022

This paper critically examines the European Commission’s commitment to employing a more “effects-based” approach to enforcing Article 101 TFEU. It finds that, while the Commission has developed an impressive theoretical framework for assessing the effects of agreements on competition, there has in fact been very little effects analysis in its decisional practice since 2005. In the overwhelming majority of cases, the anticompetitive effects of prohibited agreements have instead been presumed on the basis of the “object rule”. This paper explores possible reasons for this development, and examines whether alternative forms of enforcement are addressing the void that the focus on object restrictions has left. It concludes that Article 101 is currently not being enforced effectively against restrictions of competition by effect.
Sustainable development chapters in EU free trade agreements: Emerging compliance issues
Authors: Marín Durán Gracia
Published: March 2022

In recent years we have seen an intensified interest in the EU’s“Trade and Sustainable Development” chapters, which represent its efforts to develop a distinct promotional model for regulating trade-environment and trade-labour linkages in free trade agreements. This article deals with the implementation and enforcement of TSD provisions and, in so doing, draws attention to compliance by the EU (and its Member States). It explores the question of who is responsible on the EU side for the due performance of TSD commitments, with the answer being even less clear following Opinion 2/15 conerning the EU-Singapore FTA. The article revisits the case for a harder sanctions-based enforcement of TSD chapters and argues that this is not warranted from an effectiveness standpoint, and is unwanted on equity and other grounds.
Taming the giants: The DMA/DSA package
Authors: Wagner Gerhard , Eifert Martin , Metzger Axel , Schweitzer Heike
Published: March 2022

Digital platforms have become a core feature of the digital economy. They facilitate the exchange of goods, services, and information, and create much social value. But at the same time, they come with harmful structural features, namely the promotion of market concentration, the rise of new forms of power imbalances, the appropriation of user data on an unprecedented scale, the facilitation of infringements of protected rights and entitlements, and the endangerment of the integrity of public discourse. While the existing legal framework has not been able to address these problems and risks adequately, the EU legislature has experienced difficulties in capturing the specific regulatory challenges caused by digital platforms so far. Now the European Commission has attained a new level in the confrontation with a double strike: the proposals for a “Digital Services Act” (DSA) and a “Digital Markets Act” (DMA) are designed to provide a coherent regulatory framework for digital platforms. This article reflects on the DMA/DSA package and provides a normative analysis of the proposals structured along the lines of market failures.
How to get in? Euro area entry criteria in books and in action
Authors: Žáček Ondřej
Published: March 2022

The article analyses the current euro area entry criteria with a special emphasis on their development resulting from the approach towards Bulgaria and Croatia on their way to the euro. Firstly, it is demonstrated that the convergence criteria set out in Article 140 TFEU have been amended over time by the Commission and the ECB in the process of examining the preparedness of Member States with a derogation. Secondly, the entry criteria have been extended in the course of the post-crisis EMU reform, inter alia through several intergovernmental agreements. Finally, the entry criteria have been substantially broadened recently, as the accession of Bulgaria and Croatia to the Exchange Rate Mechanism II has been made conditional on the fulfilment of many other requirements including joining the Banking Union. The article presents the full scope of the euro area entry criteria and identifies legal issues of their extension taking place without due Treaty amendment.
Effect of autologous platelet-rich plasma for treatment of recurrent pregnancy loss: a randomized controlled trial
Authors: Nazari Leila , Salehpour Saghar , Hosseini Sedighe , Hashemi Teibeh , Borumandnia Nasrin , Azizi Elham
Published: March 2022

Objective Recurrent pregnancy loss (RPL) is a fertility problem for which no exact mechanism of abortion or efficient treatment has been described. This study was conducted between 2018 and 2019 to investigate the effectiveness of autologous platelet-rich plasma (PRP) in improving the live birth rate of women with RPL who required in vitro fertilization (IVF).Methods A total of 63 patients with at least two previous pregnancy losses and no specific cause detected for the RPL were included and randomly assigned into two groups (PRP and control). Intrauterine infusion of 0.5 mL of autologous PRP was performed 48 hours before embryo transfer in the PRP group. Women in the control group received standard treatment.Results Forty patients completed the study. The baseline and cycle characteristics of the participants did not differ significantly between the PRP and control groups. The clinical pregnancy rate was higher in the PRP group (35% vs. 20%, P=0.288). The live birth rate was 15% in the PRP group, but no live births were recorded in the control group (P=0.231).Conclusion This is the first study to show that intrauterine infusion of PRP in patients with RPL who undergo IVF may increase the chance of live birth.
Practice and Exploration of the Teaching Mode of Double Lines Blending
Authors: Ma Yufang , Bao Jinyu , Liu Qun
Published: March 2022

Since the 21st century, the hybrid teaching model, which integrates the ad- vantages of multiple teaching modes such as high efficiency, innovation, and integration, has received extensive attention from educational circles at home and abroad. This paper takes the course teaching of “Principles of Management” as an example, applies the basic principles of the blended teaching model to classroom teaching, and builds a three-stage teaching model of “guided learning, assisted learning and mutual learning” based on the concept of “two-line blending”. At the same time, through the introduction of multi-level analysis method (AHP method) and with the aid of Yaahp 10.3 statistical analysis software to establish a course evaluation index system. By carrying out empirical research on blended teaching classrooms, it explores the implementation ways and application effects of blended teaching, and provides reference and enlightenment for the implementation of blended teaching reforms in management courses.
Chinese Adolescents’ Peer Attachment, Prosocial Behaviors: The Mediating Role of Empathy
Authors: Fan Liying
Published: March 2022

The goal of this current study was to explored whether the link between peer attachment and prosocial behaviors was mediated by empathy. The Chinese version of the Inventory of Parent and Peer Attachment, the Prosocial Tendencies Measure, and the Interpersonal Reactivity Index were distributed to one thousand one hundred and eighty-seven Chinese adolescents from junior and senior high schools in Zhengzhou Henan Province (Mage=15.93 years, SD=0.88 years; 43.6%male, 56.4%female) to measure the level of peer attachment, prosocial behaviors, and empathy. The results showed that all three variables were positively correlated with each other. Peer attachment affected prosocial behaviors with the partial mediating effect of empathy. These findings suggested that better peer relationships directly fostered the appearance of adolescents’ prosocial behaviors. Empathy mediated the relation between peer attachment and prosocial behaviors. All in all, findings for this current study highlighted the importance of peer attachment and empathy skill on the altruistic and prosocial tendencies.
Research on the Transformation Paths of TV Anchors in the Context of Oral Communication
Authors: Wang Jie
Published: March 2022

In the all-media era, information is ubiquitous. The trend of increasingly intellectualized and mobilized media convergence is building up a new social connection, which also brings new opportunities and challenges to the traditional TV hosting industry. Aiming at providing new paths for the TV anchors' transformation into new areas, this paper explored on cases like the live stream show for "helping Hubei Province" jointly held by China Media Group and Li Jiaqi, and other livestreaming commerce for public benefits and conducted a comparative study on the oral communication behaviors between the net celebrities (especially livestreaming hosts for commerce) and TV anchors. It was supposed to inductively analyze the characteristics of oral communication from two perspectives: linguistic communication and non-linguistic communication and offer new insights for the anchors' transformation.
A Comparative Study on the Systems for Global Climate Governance between China and the United States from the Perspective of Leadership Competition
Authors: Wang Yitao
Published: March 2022

Global climate governance, as a public issue worldwide with mounting concern, faces the dual dilemma of an imperfect governance system and a lack of appropriate leader. Among them, China and the United States, as the main leaders of global climate governance, differ significantly in governance systems, and there is also a clear leadership competition between them in their governance practices. In this context, based on the perspective of leadership competition, this paper examines the specific institutions, characteristics, differences, and prospects of China and the United States in global climate governance practices, and hopefully provides policy proposals for China's future participation in global climate governance.
Are We under the Influence of What This Study See: The Power of Body Tattoos in a Job Interview
Authors: Guo Yiyou
Published: March 2022

Fair treatment of employees is an important ethical question. With the increasing number of tattooed workers in the workplace and on the job market, their work experience and the treatment they receive deserve more attention. To date, however, very few studies have focused on such a niche group of employees. The intention of this study was to offer insights on the experience of tattooed individuals in job interviews. Using an experimental design, this study examined the influence of visible tattoos on hiring decisions and interviewers’ evaluations. Participants (N=233) were recruited online, in China, and they were assigned to one of four experimental conditions: tattoo vs. no tattoo job applicant and entry-level vs. managerial positions. The results show that applicants with visible tattoos had decreased chances of being hired. Interviewers in the study were also more likely to perceive the virtual job candidate with tattoos as less competent, especially when hiring at the management-level position. These results serve to raise awareness around biases and stereotypes experienced by tattooed individuals seeking employment.
2020 World Happiness Data Analysis Report
Authors: Chen Junyu
Published: March 2022

This survey is mainly based on the statistics of the World Happiness Index data on Kaggle, and the visualization of data produced by Tableau (“Tableau Software is an American intuitively information visualization computer program company centered on trade insights”) to analyze the data. Happiness index is an index value that measures and compares how much or how much happiness people get in a certain period of time. The population currently used in the world to measure is the nationals, which is the national happiness index. The National Happiness Index is an index that measures and compares how much or how much happiness people have achieved in a certain period of time. Generally speaking, the ultimate pursuit of mankind is happiness. Therefore, for the time being, the only important indicator that ultimately measures whether a country is progressing is the happiness index. If any democracy, freedom and scientific development deviate from this direction, there will be no progress, especially democracy, freedom and scientific development with GDP (Gross domestic product) as the core.