bluuebunny/crossref_metadata_2025 huggingface dataset:
Overview of the Special Issue
Authors: Erhag Thomas
Published: March 2017

The aim of this Special Issue is to describe and analyse the responses of residence-based social security schemes in relation to free movement as it is formulated in EU Law. The articles contain accounts on how legislative changes in residence-based schemes have been made in various EU Member states and reflections on how these changes have led to changes in the values underpinning social security systems in these countries. This introduction address the issues on how free movement creates pressure on national law, and gives an overview of the content and aims of the Special Issue.
The Response of Residence-Based Schemes in the Netherlands to Cross-Border Movement
Authors: Pennings Frans
Published: March 2017

The Netherlands already had a residence-based scheme for old-age pensions when the first Coordination Regulation came into force. This national scheme incorporated a pro-rata system from the start and fits rather well, despite differences in character, with the coordination rules. Health care became organised in a residence-based scheme in 2004, and is based on a contributory system that also fits well with the coordination rules. Special non-contributory benefits and social assistance are more vulnerable to the growth of mobility. Although there are certainly deficiencies and challenges in the system, there are various techniques in residence-based schemes that can be used to control access by mobile persons and at the same time to ensure a minimum income or provision. This makes it interesting to carry out a comparison with other residence-based schemes.
Independent Choices and Extrinsic Pressure: EU Membership and the Development of Residence-Based Social Security Schemes in Finland
Authors: Kotkas Toomas
Published: March 2017

The article addresses the impact of the principles of free movement of persons and services of the European Union on Finnish residence-based social security schemes. Three particular schemes are analysed: the minimum old-age pension scheme (national pension), income support and the healthcare system (both municipal health services and the social insurance-based system of reimbursement of the costs of private medical treatment). In regard to each scheme, it is asked: (1) how the legislation has changed during Finland's EU membership, (2) whether the changes reflect broader changes in values, and (3) what the practical consequences of the changes have been, for instance on migration or cross-border mobility? The analysis shows that the eventual impact of EU law on these three residence-based schemes has been relatively insignificant. Perhaps the most significant change has been the transformation of the national pension into a pro-rata scheme. In other respects, many changes in the schemes have been induced by internal political and economic factors rather than by external requirements resulting from EU law. Thus there seems to exist, at least for the present, a balance between Finnish residence-based social security and the principles of free movement in the EU.
Possible Reforms of Pay-As-You-Go Pension Systems
Authors: Banyár József
Published: March 2017

This study outlines and compares the possible ways of reforming modern, pay-as-you-go (PAYG) pension systems – reforms which are necessitated by unfavourable demographic processes. This comparison is made in a general context and the examination does not focus on any specific country. Pension reform ideas usually stay within the pension paradigm outlined by Samuelson (‘AI scenario’). While also describing these approaches, the study points out – citing lesser-known ideas in this context – that there are several ways out of the situation. There is an alternative to Samuelson's framework within the pension paradigm (pension reform based on the ‘IAI scenario’), but the problems can also be managed starting from that framework, by redistributing available job opportunities or introducing a basic income. However, one country, independently of the others, may not choose one of these alternatives.
From the street to public service: ‘Humans of New York’ photographer’s journey to journalism
Authors: Roberts Jessica
Published: March 2017

The ‘Humans of New York’ social media feed, featuring photographs of people in New York City – and in recent years also Iran, Syria, and other locations – has amassed nearly 18 million Facebook followers, spawned multiple books, and inspired various copy-cat projects. Over the 6 years since its creation, the feed has evolved from an assortment of photos of individuals in New York to an intentional, morally conscious portrait of the perspectives and lived experiences of the inhabitants of New York and other places, and has resulted in real-life consequences for the subjects, ranging from donations to projects to invitations from the president of the United States. This article analyzes the ‘Humans of New York’ posts in the context of public service ideals of modern journalism as laid out by scholars, professional journalism societies, and leading news organizations. This analysis considers the perspective of the posts through the captions that accompany each post and finds that, since 2011, the feed has changed its narrative focus from the photographer to the subjects, who share their stories in their own words. In this way, the ‘Humans of New York’ feed satisfies several aspects of the public service ideal of journalism, lending support to the idea that new media sites created by non-professionals, or citizen journalists, may be able to satisfy some of the social responsibilities of the press, and offer lessons for both professionals and amateurs.
Interrelationships Among Men's Threat Potential, Facial Dominance, and Vocal Dominance
Authors: Han Chengyang , Kandrik Michal , Hahn Amanda C. , Fisher Claire I. , Feinberg David R. , Holzleitner Iris J. , DeBruine Lisa M. , Jones Benedict C.
Published: March 2017

The benefits of minimizing the costs of engaging in violent conflict are thought to have shaped adaptations for the rapid assessment of others’ capacity to inflict physical harm. Although studies have suggested that men’s faces and voices both contain information about their threat potential, one recent study suggested that men’s faces are a more valid cue of their threat potential than their voices are. Consequently, the current study investigated the interrelationships among a composite measure of men’s actual threat potential (derived from the measures of their upper-body strength, height, and weight) and composite measures of these men’s perceived facial and vocal threat potential (derived from dominance, strength, and weight ratings of their faces and voices, respectively). Although men’s perceived facial and vocal threat potential were positively correlated, men’s actual threat potential was related to their perceived facial, but not vocal, threat potential. These results present new evidence that men’s faces may be a more valid cue of these aspects of threat potential than their voices are.
Shooting a moving target: The Sisyphus boulder of increasing participation in adult education during the period of economic crisis
Authors: Karalis Thanassis
Published: March 2017

This article presents a study conducted after the onset of the economic crisis in Greece. The study lasted for more than five years and was organized by the Research Institutes of Trade Union Confederation of Greece and the Hellenic Small Enterprises Institute of the Confederation of Professionals, Craftsmen and Merchants. Using a mixed methodology, combining qualitative and quantitative approaches, we attempt to investigate participation in adult education and record the reasons and barriers which shape participation patterns. Data presented in this article show that participation has increased in Greece, and at the same time inequalities are magnified, while the economic crisis seems to be a serious deterrent factor for a further development of adult education. Our goal is to interpret those findings based on developments of contemporary Greek society with regard to the meaning that participants attribute to the factors affecting their participation.
Seeds and Stories of Transformation From the Individual to the Collective
Authors: Etmanski Catherine
Published: March 2017

This article documents the author’s experience participating in a course taught primarily by food activist, Dr. Vandana Shiva, and run by the Earth University in Uttarakhand, India. Drawing on Gandhi’s four pillars of nonviolent action, this article links individual course participants’ experiences of transformative learning to the transformation of the global food system. It begins with a brief overview of the course content and structure followed by a transformative learning literature review. It then provides sample participant narratives exemplifying various aspects of their own transformation and suggesting that this course supported participants in their already-in-progress process of transformation. The important role community-based organizations such as Navdanya play in efforts for global food systems transformation is also discussed. Within the context of personal and social transformation, the article concludes with a call for transformative learning to be accompanied by patience, particularly in light of the urgency created by today’s complex challenges.
Long-term Outcome After Survival of a Cardiac Arrest: A Prospective Longitudinal Cohort Study
Authors: Moulaert Véronique R. M. , van Heugten Caroline M. , Gorgels Ton P. M. , Wade Derick T. , Verbunt Jeanine A.
Published: March 2017

Background. A cardiac arrest can lead to hypoxic brain injury, which can affect all levels of functioning. Objective. To investigate 1-year outcome and the pattern of recovery after surviving a cardiac arrest. Methods. This was a multicenter, prospective longitudinal cohort study with 1 year of follow-up (measurements 2 weeks, 3 months, 1 year). On function level, physical/cardiac function (New York Heart Association Classification), cognition (Cognitive Log [Cog-log], Cognitive Failures Questionnaire), emotional functioning (Hospital Anxiety and Depression Scale, Impact of Event Scale), and fatigue (Fatigue Severity Scale) were assessed. In addition, level of activities (Frenchay Activities Index, FAI), participation (Community Integration Questionnaire [CIQ] and return to work), and quality of life (EuroQol 5D, EuroQol Visual Analogue Scale, SF-36, Quality of Life after Brain Injury) were measured. Results. In this cohort, 141 cardiac arrest survivors were included. At 1 year, 14 (13%) survivors scored below cutoff on the Cog-log. Both anxiety and depression were present in 16 (15%) survivors, 29 (28%) experienced posttraumatic stress symptoms and 55 (52%), severe fatigue. Scores on the FAI and the CIQ were, on average, respectively 96% and 92% of the prearrest scores. Of those previously working, 41 (72%) had returned to work. Most recovery of cognitive function and quality of life occurred within the first 3 months, with further improvement on some domains of quality of life up to 12 months. Conclusions. Overall, long-term outcome in terms of activities, participation, and quality of life after cardiac arrest is reassuring. Nevertheless, fatigue is common; problems with cognition and emotions occur; and return to work can be at risk.
Laparoscopy Using Room Air Insufflation in a Rural African Jungle Hospital: The Bongolo Hospital Experience, January 2006 to December 2013
Authors: O’Connor Zachary , Faniriko Marco , Thelander Keir , O’Connor Jennifer , Thompson David , Park Adrian
Published: March 2017

Introduction. Carbon dioxide is the standard insufflation gas for laparoscopy. However, in many areas of the world, bottled carbon dioxide is not available. Laparoscopy offers advantages over open surgery and has been practiced using filtered room air insufflation since 2006 at Bongolo Hospital in Gabon, Africa. Objective. Our primary goal was to evaluate the safety of room air insufflation related to intraoperative and postoperative complications. Our secondary aim was to review the types of cases performed laparoscopically at our institution. Methods. This retrospective review evaluates laparoscopic cases performed at Bongolo Hospital between January 2006 and December 2013. Demographic and perioperative information for patients undergoing laparoscopic procedures was collected. Insufflation was achieved using a standard, oil-free air compressor using filtered air and a standard insufflation regulator. Results. A total of 368 laparoscopic procedures were identified within the time period. The majority of cases were gynecologic (43%). There was a 2% (8/368) complication rate with one perioperative death. The 2 complications related to insufflation were episodes of hypotension responsive to standard corrective measures. No intracorporeal combustion events were observed in any cases in which the use of diathermy and room air insufflation were combined. The other complications and the death were unrelated to the use of insufflation with air. Conclusion. Insufflation complications with room air occurred in our study. However, the complications related to insufflation with room air in our study were no different than those described in the literature using carbon dioxide. As room air is less costly than carbon dioxide and readily available, confirming the safety of room air insufflation in prospective studies is warranted. Room air appears to be safe for establishing and maintaining pneumoperitoneum, making laparoscopic surgery more accessible to patients in low-resource settings.
Embedding compassionate care in local NHS practice: developing a conceptual model through realistic evaluation
Authors: MacArthur Juliet , Wilkinson Heather , Gray Morag A , Matthews-Smith Gerri
Published: March 2017

The aim of this study was to critically analyse the impact of the ‘Leadership in Compassionate Care Programme’ and offer a conceptual model of factors that can embed compassionate care in contemporary health care environments. This three-year initiative (2008–2011) was designed to embed compassionate care in both practice and pre-registration education. Using a realistic evaluation approach this longitudinal qualitative study involved data collection in eight participating wards. The ‘level of adoption’ of the Programme varied across the wards, which pointed to key context and mechanisms that were influential in embedding compassionate care. Contextual factors that promoted adoption of the Programme were stability, support and leadership. The most important mechanisms were appreciative inquiry coupled with skilled facilitation. Powerful practice development techniques focused on articulating and demonstrating values; giving patients, relatives and staff a voice to express their experiences and emotions; and instituting effective feedback mechanisms. In the high adopting wards the main outcomes included personalisation of patient care, an increased sense of involvement for relatives and ‘caring conversations’ becoming an accepted part of working practice. Embedding and sustaining compassionate care demands strategic vision and investment in a local infrastructure that supports relationship-centred care, practice development and effective leadership at all levels.
How important is compassionate healthcare to you? A comparison of the perceptions of people in the United States and Ireland
Authors: Lown Beth A , Dunne Hilary , Muncer Steven J , Chadwick Raymond
Published: March 2017

Compassionate care requires understanding of another’s pain or suffering, with commitment to doing something to relieve this. It is endorsed by nursing and other healthcare professionals in their codes of ethics as one of their main responsibilities. Yet too often it comes to public attention as a deficiency in healthcare organisations. Any effort to achieve meaningful quality improvement must start with a method of measuring patient experience. The Schwartz Center Compassionate Care Scale™ (SCCCS) is a unidimensional 12-item questionnaire with high internal reliability, developed from a study of physicians and recently hospitalised patients in the US. The present study extends usage of the SCCCS to a sample of the people in Ireland. The SCCCS again shows high internal reliability, with all items loading on a single factor. The findings indicate that recently hospitalised patients and non-hospitalised individuals were in agreement about the importance of the elements of compassionate care. Patients’ ratings of their doctors’ compassionate behaviours were significantly correlated with ratings of their healthcare team. However, patients reported that demonstration of compassion – whether by their doctor or the whole healthcare team – fell short of what they considered important. The SCCCS is a reliable and valid measure of perceptions of compassionate care across different countries, with potential to contribute to quality improvement in healthcare.
Algorithm to prioritize the restoration of a multiple facility, multiple-hazard road network
Authors: Basavaraj Veeresh Varad , Shekar Venkateswaran , Fiondella Lance , Rahman Ashrafur , Lownes Nicholas
Published: March 2017

Transportation networks are one of several critical infrastructures on which first responders rely in order to deliver emergency services. However, there is no guarantee that a transportation network will be fully operational following a regional event, such as a hurricane or earthquake. Emergency planning and response tools should explicitly integrate this possibility to ensure the completeness of the risk assessment process. This paper considers the elevated vulnerability to which a community is exposed when disruptions in a transportation network slow emergency response. An average weighted vulnerability metric is defined to favor a network restoration strategy that quickly reduces emergency response times to their nominal levels. This metric is incorporated into an algorithm to prioritize network restoration, so that individuals who might require assistance are not exposed to prolonged periods of lengthy response times. The formulation considers a number of types of emergency response facilities and different types of hazard; the hazards can require a response from more than one type of facility. The utility of the approach is illustrated through a series of examples. Our results demonstrate that the approach can offer systematic guidance to reduce emergency response times after a partial or complete outage of a transportation network.
Aggregation of importance measures for decision making in reliability engineering
Authors: Compare Michele , Bellora Michele , Zio Enrico
Published: March 2017

This article investigates the aggregation of rankings based on component importance measures to provide the decision maker with a guidance for design or maintenance decisions. In particular, ranking aggregation algorithms of the literature are considered, a procedure for ensuring that the aggregated ranking is compliant with the Condorcet criterion of majority principle is presented and two original ranking aggregation approaches are proposed. Comparisons are made on a case study of an auxiliary feed-water system of a nuclear pressurized water reactor.
Hypoxia and the hypoxia-regulated transcription factor HIF-1α suppress the host defence of airway epithelial cells
Authors: Polke Markus , Seiler Frederik , Lepper Philipp M , Kamyschnikow Andreas , Langer Frank , Monz Dominik , Herr Christian , Bals Robert , Beisswenger Christoph
Published: March 2017

Chronic diseases of the respiratory tract, such as cystic fibrosis, are associated with mucosal and systemic hypoxia. Innate immune functions of airway epithelial cells are required to prevent and control infections of the lung parenchyma. The transcription factor hypoxia-inducible factor 1α (HIF-1α) regulates cellular adaptation to low oxygen conditions. Here, we show that hypoxia and HIF-1α regulate innate immune mechanisms of cultured human bronchial epithelial cells (HBECs). Exposure of primary HBECs to hypoxia or the prolyl hydroxylase inhibitor dimethyloxaloylglycine (DMOG) resulted in a significantly decreased expression of inflammatory mediators (IL-6, IFN-γ-induced protein 10) in response to ligands for TLRs (flagellin, polyI:C) and Pseudomonas aeruginosa, whereas the expression of inflammatory mediators was not affected by hypoxia or DMOG in the absence of microbial factors. Small interfering RNA-mediated knockdown of HIF-1α in HBECs and in the bronchial epithelial cell line Calu-3 resulted in increased expression of inflammatory mediators. The inflammatory response was decreased in lungs of mice stimulated with inactivated P. aeruginosa under hypoxia. These data suggest that hypoxia suppresses the innate immune response of airway epithelial cells via HIF-1α.
Why People Post News on Social Networking Sites
Authors: Lee Jayeon , Song Hyunjin
Published: March 2017

While social networking sites (SNSs) have become popular news platforms where people receive and post news, little is known about why some people are relatively more active in receiving and posting news on SNSs. Based on the uses and gratification perspective, this study investigates (a) the direct and indirect effects of online news seeking on SNS news posting, through SNS news exposure, (b) the role of technology adoption as a moderator between online news seeking and SNS news exposure, and (c) the role of media bias perceptions and partisanship strength as moderators between SNS news exposure and SNS news posting. Analysis of 2010 Pew Research Center Media Consumption Survey data ( N = 2,259) reveal that online news seeking significantly predicts SNS news posting, both directly and indirectly. While technology adoption was not a significant moderator, media bias perception and partisanship strength significantly interacted with SNS news exposure in predicting SNS news posting.
Promoting research competence: introduction of the nursing research immersion program in Singapore General Hospital
Authors: Aloweni Fazila , Teh Aline Hooi Ming , Tan Siok Bee , Ang Shin Yuh
Published: March 2017

Individual, organisational and environmental factors play an significant role in developing and promoting research utilisation among nurses. Building a strong research foundation is important for the future of nursing profession. Research utilisation among newly graduated registered nurses has been reportedly to be low in previous population-based longitudinal studies. Historically, nurses find it difficult to understand the value of a nursing research in the course of their clinical practice therefore a more creative and interactive strategies (experiential learning) are needed to make research relevant to clinical practice. This article describes the efforts of a large teaching hospital in Singapore in promoting and building research competence among nurses in the clinical care setting. An immersion program similar to a research internship offers an in-depth and experiential learning experience. It allows students to learn a new knowledge and skills by being completely immersed and engaged in the prescribed activity. The goal of the immersion program is to develop research skills through active participation in the research process and to develop novice nurses’ ability to implement and evaluate evidence-based project that aimed to improve treatment outcomes of patients. An immersion program such as the one described in this article provides a strategy to promote a culture of evidence-based practice. The experiential knowledge gained through this type of program may advance the nursing profession.
The Future of Collective Labour Law in Europe
Authors: Hendrickx Frank
Published: March 2017

Since quite some time, academic labour law debate has been focusing on existential questions, concerning the future and the role of labour law. In Europe, this major questioning and re-thinking of labour law has recently been brought under the rubric of ‘modernisation of labour law’, a wording used in the European Commission's Green Paper of 22 November 2006. This contribution argues that, in this ‘modernisation’ debate, the role of collective labour law should not be overlooked. It addresses the questions whether collective labour law still has a future and whether the European Union can give a future to collective labour law. These questions are answered in the context of the current challenges of the collective labour law dimension and the developing role of Europe in this field.
Employees' Participation Rights and Business Restructuring
Authors: Bruun Niklas
Published: March 2017

This contribution has been made in light of the annual seminar organized by the European Labour Law Network (ELLN) in The Hague, November 2010. The theme of the seminar was “Protection, Involvement and Adaptation – European Labour Law in Time of Crisis, Restructuring and Transition”. For reasons of preparation and background information a number of keynote papers were drafted. Two of them have been finalized after the seminar in the form of academic contributions. This contribution concerns the paper drafted by professor Niklas Bruun and discusses the subject of employee participation rights and business restructuring. The second paper, drafted by professor François Gaudu and discussing redundancies for economic motives, can be found elsewhere in this Journal.
Collective Action in Labour Conflicts under the Rome II Regulation (Part II)
Authors: Dorssemont Filip , van Hoek Aukje
Published: March 2017

In this second part of our two-part contribution, we focus on the content of the choice of law rule of Article 9 and its relation to the other provisions of the Regulation. The application of the rule to some (in)famous cases – Tor Caledonia, Viking, Laval – demonstrates the difficulty in applying concepts developed to regulate individual behaviour in private law cases to the phenomenon of industrial action. The special rule of Article 9 seems to offer some protection to workers, but much will depend on its interpretation by the courts. In any case, the rule can not undo the effect of the Viking and Laval judgments which directly affect the right to strike as such.
Who is Responsible for Health and Safety of Temporary Workers? EU and UK Perspectives
Authors: Howes Victoria
Published: March 2017

There have been several attempts to provide certain protection to temporary agency workers at the EU level by Directive 91/383/EEC in respect of health and safety and most recently by Directive 2008/104/EC in respect of other working conditions. However, the precarious employment status of temporary workers has been a stumbling block in clear understanding of who owes duties and responsibilities for health and safe of these workers.

By seeking to address this issue, the paper analyses the existing legal provisions relating to health and safety of temporary agency workers at the EU and UK levels in the context of a more general problem associated with the employment status of such workers, and suggests a number of alternatives to the existing legal regime which could potentially clarify the situation.
Labour Law in a Greying Labour Market – In Need of a Reconceptualisation of Work and Pension Norms
Authors: Numhauser-Henning Ann
Published: March 2017

An ageing population is a general demographic trend challenging economic sustainability in terms of employment and pensions as well as overall social cohesion and intergenerational solidarity. This article discusses 1) how to make people work until they reach pensionable age, 2) how to make people work beyond pensionable age, and, 3) how to facilitate access to employment for older workers. It is argued that such a desired development in terms of ‘active ageing’ implies a normative challenge questioning prevalent pension norms and non-discrimination rules as well as a reconceptualisation of work at the risk of weakening labour law from within.
The Application of the EU Framework for Disability Discrimination in 18 European Countries
Authors: Hießl Christina , Boot Gerrard
Published: March 2017

Disability: what is it, and what are its consequences for an employment relationship? This article investigates how the standards of non-discrimination and reasonable accommodation set by EU law have been embraced by different national legal systems. Thereby, it aims to identify the most pressing problems concerning the legal standard itself as well as its diverse implementation – and the most important challenges facing national policy makers with a view to the genuine integration of the disabled into the labour market.
Labour Law Status of a Trainee
Authors: Rosin Annika , Muda Merle
Published: March 2017

Because of the high rates of youth unemployment, governments and international organisations are searching ways to help the youth to enter into the labour market. Among other means, traineeships are promoted for this purpose. However, the legal status of trainees is not clear. The twofold nature of a traineeship (including working as well as learning) makes it difficult to determine whether a trainee should be regarded as an employee or should be left outside the scope of labour laws. This article attempts to answer this question. As a result, it is concluded that it is difficult to distinguish trainees from employees on the basis of traditional characteristics of an employment relationship. It is suggested that the legislature and courts should work out other criteria for distinguishing between trainees and employees (possibly according to the example of the US) or consider the explicit exemption of trainees from the regulation of labour laws and to provide separate regulation of traineeships.
European Works Councils as Participants in Euro-Wide Collective Agreements
Authors: Zimmer Reingard
Published: March 2017

European Works Councils (EWCs) were set up originally for the purpose of information and consultation; neither the first Directive 94/45/EC of 1994, nor the recast version of 2009 (Directive 2009/38/EC) granted them directly the right to conclude agreements with employers. However, EWCs have been concluding numerous agreements on different subjects, among those, “hard themes”, like restructuring. As only in the EU-member states Germany, Austria and the Netherlands, works councils as non-trade union bodies of representation of employees are known, EWC agreements on topics normally handled by trade unions might weaken trade unions and therefore change the national system of industrial relations in some EU-member countries. Legally it is therefore highly controversial, whether EWCs should have the right to conclude agreements with management. This article discusses the legal issues around this question and makes the proposal, to award the negotiation right (only) partially to EWC for themes, which are closely related to their own work, like for example the settlement of own projects. For the conclusion of agreements on themes traditionally reserved for trade unions, EWCs would need a mandate.
The Fight against Undeclared Work: Sanctions and Incentives
Authors: Mitrus Leszek
Published: March 2017

The present elaboration is dedicated to problem of tackling undeclared work. Sanctions and incentives that can diminish the scope of the grey economy are introduced and analysed. The negative effects of undeclared work and challenges for both European Union and Member States are presented. Among the sanctions, the author focuses on civil, criminal and administrative measures. The possible incentives contain fiscal allowances, appropriate legal frameworks, training opportunities, and are capable of transforming undeclared work into formal employment. In the author's view, an integrated approach and a comprehensive targeted strategy are indispensable, while priority should be given to incentives. Tackling undeclared work should involve the concerted action of all key labour market actors.
Trap of the Past: Why Economically Dependent Work is Not Regulated in the Member States of Eastern Europe
Authors: Gyulavári Tamás
Published: March 2017

The regulation of economically dependent work is a relatively new phenomenon and is present only in some ‘old’ Member States. At the same time, the ‘new’ Member States of Eastern Europe still lag behind the old Member States in this respect, both in terms of employment regulation and labour law literature. The main reason behind the lack of developments as regards the definitional system in the Labour Codes of the ‘new’ Member States is the wilful adherence to the traditional binary system, consisting of employment contracts and civil law contracts. The binary system of employment and civil law relationships has a long history, thus, the legal profession still thinks strongly in terms of this binary system, not even considering the possibility of regulating the third type of work relationship. Thus, detailed regulation of economically dependent work and the expansion of the scope of labour law still awaits.
The Risks of Invoking Fundamental Social Rights
Authors: Moizard Nicolas
Published: March 2017

Fundamental social rights, in international and European texts, are used to resist to the reduction of the protection of workers' rights. In the French system, their justiciability has improved. The mobilisation of those rights is sometimes successful but their efficiency is limited. They might not be interpreted in a way that favours the workers, and there is a real risk of blocking the work within the international institutions and the judicial dialogue.
The Right to Work, EU Activation Policies and National Unemployment Benefit Schemes
Authors: Gundt Nicola
Published: March 2017

This contribution discusses national unemployment benefit schemes in the light of the right to work and EU activation policies. The paper also briefly touches upon possible long-term consequences of the Broad Economic Policy Guidelines with regard to the nature of the fundamental right to engage in freely chosen or accepted work and the quality of that work. The main hypothesis is that the EU activation policy, as most recently formulated in Guideline 7, marks a paradigm shift in unemployment schemes as it urges Member States to adopt activation and participation policies which aim at rebalancing rights and duties of benefit recipients and state authorities administering these benefits. If this policy recommendation is followed, it means that the right to work and the right to social security undergo a change of character: from an inalienable fundamental human right they develop into a (contractual) entitlement based on conditional reciprocity.
The Court of Justice of the European Union and Transfers of Undertakings
Authors: Zahn Rebecca
Published: March 2017

The Acquired Rights Directive has been the subject of much litigation before national courts and the Court of Justice of the European Union since it was adopted in 1977. Its underlying purpose has been to safeguard employees' rights in cases of transfers of undertakings. The CJEU's decision in Case C-426/11 Alemo-Herron v Parkwood Leisure Ltd, Judgment of 18 July 2013, however, marks a significant shift in the CJEU's approach to the Directive from one which seeks to protect employment rights in the case of a transfer to one which requires a balance to be struck between the interests of the transferee and the employee. In doing so, the judgment has the potential to have serious ramifications for British and European labour law.
The Place of Domestic Work in Europe
Authors: Novitz Tonia , Syrpis Phil
Published: March 2017

The recent Decision of the Council recommending ratification of ILO Convention No. 189 fails to recognise the ways in which European Union (EU) law has facilitated cheap informal labour in the domestic sphere so as to enable participation in the formal labour market. This article examines the approach taken by EU Member States to the drafting of Convention No. 189 and argues that, despite its resultant diluted content, this instrument requires certain fundamental changes to the current treatment of domestic workers in the EU. We further propose a reorientation of the ‘flexicurity’ principle to enable reform, such that contemporary modes of work can be reconsidered and transformed.
The Right to Privacy in Employment: In Search of the European Model of Protection
Authors: Otto Marta
Published: March 2017

The very breadth of the concept of privacy along with its contemporary tendency to merge with the idea of greater transparency in public life present a real challenge when it comes to enclosing it within legal frames. This task seems to be particularly difficult in the employment context, where the Information Revolution by altering the nature of work, and as a consequence the character and reach of employer supervision, has considerably blurred the frontiers between employees' personal and professional lives. Thus far, in Europe those challenges have not been addressed in a distinct way, but rather through a unique pluralist architecture, build upon co-existing national, supranational and international norms of privacy protection. This contribution, basing on, by necessity, cursory analysis of the conceptual as well as normative foundations of European model of protection of privacy rights, will reflect upon the need of its further particularisation with regard to employment context.
Reforming Default Retirement Ages
Authors: Blackham Alysia
Published: March 2017

The EU's ageing population is creating new challenges for employment law and social security systems. In particular, the use of mandatory retirement is coming under increased scrutiny as governments attempt to extend working lives. This article considers the extent to which the abolition of the national default retirement age in the UK has regulated out precariousness for older workers. Drawing on doctrinal analysis and empirical evidence, including surveys of employers and government workforce statistics, it examines the emerging impact of the legal reforms on the status and participation of older workers in the UK. It provides a critical examination of the role of mandatory retirement and similar age-specific employment regulations in constructing precariousness for older workers. While focused specifically on the situation in the UK, this article has broader repercussions for other EU Member States, particularly given current pressure across the EU to increase participation rates for, and improve the position of, older workers.
‘Basic Income’ from Wages: Freedom of Contract versus Statutory Minimum Standards
Authors: Brameshuber Elisabeth
Published: March 2017

What is the ‘European minimum wage standard’? How might such a standard be introduced? Can wages guarantee a ‘basic income’? These are only some questions arising when hearing the Commission's President Juncker calling for a minimum wage in all EU countries while addressing the European Parliament on 15 July 2014, or when assessing the introduction of statutory national minimum wages in Germany in 2015. After first differentiating between basic income, minimum income and minimum wages, this paper evaluates three ways of guaranteeing a ‘basic income’ from wages: individual agreement, statutory uniform national minimum wages and collectively agreed minimum standards. An analysis of the legislative competences for pay and the historical development as well as current economic data serve as starting points, bearing in mind that employees' interests have always been deemed to be better represented at collective level rather than at the level of the single employment contract. Subsequently, it is argued that for analysing the advantages of wage setting-mechanisms, the whole (legal) system has to be assessed. For better illustration of this argument, a closer look is taken at the Austrian system and its main features responsible for guaranteeing wages at or above the national median wage.
Evolutions in the Social Case Law of the Court of Justice
Authors: Peonovsky Pieter
Published: March 2017

The Court of Justice's social reputation was a cause for concern after the infamous Viking and Laval cases in 2007, leading to condemnations by the Committee of Expert of the ILO and the European Committee of Social Rights.1 Its judgments in Rüffert and Commission v. Luxembourg in 2008 only worsened criticism from trade unions and many academic scholars of social law, social policy or industrial relations. However a certain evolution could have an impact on the Court's reasoning. In 2009 the EU Charter of Fundamental Rights entered into the primary legal order of the EU, highlighting, i.a., the recognition of the right to collective bargaining and collective action as fundamental social rights in Europe. Furthermore, there is the close connection between the EU Charter and the European Convention on Human Rights. The EU itself also faced (and still faces) criticism for the many austerity measures it recommended through economic governance to combat the economic and financial crisis. Consequently, 2015 seems to be a year of a subtle change or evolution in the internal market v. social protection reasoning of the CJEU. In the cases of ESA and RegiopPost the Court took a somewhat more social-friendly approach, which could herald a more balanced case law for the future.
Freedom of Religion at Work in EU Migration Law and Policy
Authors: Martí Judit Baseiria
Published: March 2017

In light of recent European Court of Human Rights judgments concerning religious freedom at work, this article discusses the relationship between the growth of religious diversity and immigration within secular European trends. In the first part, the study deals with the extent of EU policy and law to protect the right to religious freedom of immigrants in terms of non-discrimination in employment, as a way of ensuring their social inclusion. Secondly, the article analyses the scope of Directive 2000/78 and especially the ECtHR case law, since in the past ten years cases under Article 9 ECHR – freedom of religion – have been constantly growing. A remarkable case is Eweida (2013), which relates to a conflict between religious symbols and work requirements. It supposes a shift in the doctrine of the Court towards the establishment of a reasonable accommodation requirement or a fully justified reason of labour demands, by which any possible limitation of religious freedom of an employee must be justified.
Casual Work beyond Casual Work in the EU
Authors: De Stefano Valerio
Published: March 2017

Casual work is rarely associated with industrialised economies. Nonetheless, several work arrangements have been introduced or are proliferating in EU countries in recent years that present with the features of the statutory definitions of casual work in other countries and may be accompanied by severe decent work deficits. This article proposes a renewed concept of casual work based on a combination of criteria found in social sciences and in the legislation of non-EU countries, in particular, developing ones. It provides a summary of the international and European legal sources mentioning casual work, almost invariably to allow exclusion from national implementation instruments; and an extensive overview of national legal definition and regulation of casual work in developed and developing countries. Despite this overview revealing that casual workers are totally or partially excluded from labour protection in many instances, several national regulations address some particular features of casual work, for instance by providing specific criteria of calculation of continuity of employment or compensation in case of cancellation of work. This article then calls for action at the EU and national levels to address the specific protection needs of causal workers and to revise provisions allowing their exclusions from labour regulation.
The Future of European Labour Law and the Right to Employability
Authors: Casano Lilli
Published: March 2017

This paper sets out to provide an overview of European policies concerning validation of non-formal and informal learning, and to offer some reflections with regards to European governance modes in the field of educational and employment policies, and the consistency of policies for validating non-formal and informal learning with initiatives focused on occupational transitions. In view of an evaluation of the impact of the Council's Recommendation of December 2012 on the validation of informal and non-formal learning (as well as its possible review expected for 2019), the paper offers some preliminary elements for evaluating the relevance, the efficacy, and the consistency of European action in this field and speculates about the likely direction of future developments.
Rethinking the Role of Employment and Social Policy Coordination Competences in a Deeper Economic Union
Authors: Martínez-Yáñez Nora
Published: March 2017

The close interaction between Europe 2020 Strategy and the revamped European economic governance has resulted in far-reaching changes in the implementing procedures for coordinating economic, social and employment policies, and their interrelationships. This article examines how economic coordination has gradually spread throughout some crucial aspects of social and employment policy, even overriding their respective coordination procedures. The contrast between this situation and the TFUE provisions describing the scope of the three competences concerned highlights that there is overreach in the use of the competence for coordinating economic policies. However, the strong boost of economic integration requires that these changes should be regarded as a journey of no return, whose new challenges should be tackled at the EU constitutional level, providing the opportunity to rebalance the social content of the Economic Union.
Oxytocin stimulates cell proliferation in vaginal cell line Vk2E6E7
Authors: Kallak Theodora K , Uvnäs-Moberg Kerstin
Published: March 2017

Objective

During and after menopause, the symptoms of vaginal atrophy cause great discomfort and necessitate effective treatment options. Currently, vaginally applied oxytocin is being investigated as a treatment for the symptoms of vaginal atrophy in postmenopausal women. To clarify the mechanisms behind oxytocins effects on vaginal atrophy, the present study investigated the effects of oxytocin on cell proliferation in the cells of the Vk2E6E7 line, a non-tumour vaginal cell line. The study also compared the effects of oxytocin with those of estradiol (E2).

Study design

The effects of both oxytocin and E2 on the proliferation of Vk2E6E7 cells were investigated using Cell Proliferation ELISA BrdU Colorimetric Assay. The expression of both oxytocin and oxytocin receptor was studied in Vk2E6E7 cells using quantitative real-time polymerase chain reaction and immunofluorescent staining.

Main outcome measures

Cell proliferation and gene expression.

Results

Oxytocin increased cell proliferation both time dependently and dose dependently. This differed from the effect pattern observed in cells treated with E2. In addition, in oxytocin-treated cells, the oxytocin receptor was found to be co-localized with caveolin-1, indicating pro-proliferative signalling within the cell.

Conclusions

Oxytocin stimulates cell proliferation and the co-localization of oxytocin receptor with caveolin-1 in oxytocin-treated cells, supporting the role of oxytocin signalling in cell proliferation. In addition, these findings suggest that increased cell proliferation is one mechanism by which local vaginal oxytocin treatment increases vaginal thickness and relieves vaginal symptoms in postmenopausal women with vaginal atrophy.