bluuebunny/crossref_metadata_2025 huggingface dataset:
Missing pieces in the patchwork of EU financial stability regime? The case of central counterparties
Authors: Marjosola Heikki
Published: March 2022

This article builds on a recent case (Case T-496/11, UK v. ECB (Location policy)), in which the General Court determined that the ECB does not have competence to regulate so-called Central Counterparties (CCPs), and annulled an ECB policy which sought to restrict access to the euro area of certain non-euro area CCPs. It is argued that the Court’s central finding, though possibly correct, is problematic from the perspective of financial stability, especially considering the growing systemic importance of CCPs. Second, the Court’s finding is symptomatic of certain drawbacks inherent in the patchy architecture of the evolving EU financial stability regime, which is excessively focused on banks. Finally, the case acts as a warning of likely future situations where the exercise of EU level competences and forms of direct administration related to the objective of financial stability can result in an outright conflict with basic free movement rights.
Bail-in in the Banking Union
Authors: Wojcik Karl-Philipp
Published: March 2022

On 1 January 2016, the Single Resolution Mechanism as the second pillar of the EU’s Banking Union became fully operational. At the same moment, bail-in, i.e. the statutory power of resolution authorities to cancel shares and to write down or to convert liabilities of a bank which is failing or likely to fail, became mandatory in the EU. This paper sets out the newly created regulatory framework on the recovery and resolution of banks in the EU, focusing on the main features of the EU’s rules on bail-in in the Banking Union. It examines the legal and economic impact of bail-in in general and highlights the various challenges for the application of bail-in. Finally, this paper assesses whether bail-in can attain the goals which it is meant to achieve and what it will take to make it effective.
National remedies in the case of violation of EU law by Member State courts
Authors: Varga Zsófia
Published: March 2022

This paper focuses on remedies available under EU law and national laws where there has been violation of Union law by Member States’ supreme courts. It studies the legislative rules and the case law on State liability, retrial and constitutional complaint in the 28 Member States. It also examines whether these remedies are effectively in use and can provide a protection of individual rights at least as good as State liability under the Köbler case law on damages. It then deals with the question whether it is up to EU law or national laws to determine the remedy available if an infringement of EU law by Member States’ supreme courts occurs. This leads to reconsider the role of the Köbler doctrine in the system of judicial remedies against violation of EU law by Member State courts.
EU citizen participation, openness and the European Citizens Initiative: The TTIP legacy
Authors: Organ James
Published: March 2022

This paper analyses the European Citizens Initiative, consultation, and transparency in the context of the Transatlantic Trade and Investment Partnership (TTIP) negotiations, to assess what it tells us about EU citizen participation and the principle of openness. It focuses on the institutional mediation of citizen participation and the degree to which the Commission facilitates such participation and accepts citizen influence over policy-making in EU external affairs. Three categories of openness are used in the analysis: institutional transparency with little or no participation; a democratically weak institutional approach as a means to improve the effectiveness of governance and support existing policy; and thirdly an institutional acceptance of effective citizen participation that facilitates citizen influence over agenda-setting. It is argued that the Commission has made some progress during TTIP in terms of transparency, but that the Commission does not take a strongly democratic position on citizen participation in external affairs. It only engages with citizens as passive actors who can support the effectiveness of EU governance.
Brexit and financial services: (Yet) another re-ordering of institutional governance for the EU financial system?
Authors: Moloney Niamh
Published: March 2022

This article considers the potential impact of the withdrawal of the UK on EU financial services law and its institutional arrangements. While speculation is currently perilous, this article suggests that the impact of Brexit on EU financial governance will be contained and most likely limited. The greatest uncertainty relates to the EU’s evolving supervisory/institutional arrangements. Brexit may be one of the factors which leads to a significant future empowerment of the European Supervisory Authorities, and in particular the European Securities and Markets Authority. But it is only one of a range of complex, dynamic and symbiotic forces which must combine in the EU’s governance reform crucible if material reform is to follow.
Free movement vs. fair movement: Brexit and managed migration
Authors: Barnard Catherine , Butlin Sarah Fraser
Published: March 2022

The aim of this article is to propose a new concept of free movement of persons, based on the notion of “fair movement” or managed migration. In the context of the UK becoming a neighbouring State, but hoping to maintain access to the Single Market, the article explores possibilities of greater control for the host State while keeping some of the benefits of existing EU free movement rules. It recalls the discussions of free movement of workers at the time the EEC was established; it also looks at the differentiated provisions covering free movement of persons between the EU and EEA States, and the EU and Switzerland. It concludes that more flexibility will be needed in the two areas considered: equal treatment and emergency brake.
Eu and National approaches to Passing on and Causation in Competition Damages Cases: A Doctrine in Search of Balance
Authors: Caro de Sousa Pedro
Published: March 2022

In dealing with defences raised in damages claims following competition infringements, national courts have often adopted an openly “legal approach” to passing on, rather than a more economic approach which would, in theory, lead to a more accurate allocation of losses between different levels of the production or distribution chain affected by a competition infringement. This article examines whether such “legal approaches” infringe the rules on passing on and the principle of full compensation set out in EU law, e.g. the EU Damages Directive. Legal approaches to passing on must comply with European law, and must not be such as to make it practically impossible or excessively difficult to rely on passing on. As this article shows, there is nothing to prevent such an objective from being achieved through the deployment of national doctrines on the calculation of damages or on the basis of national rules of evidence and causation, as national courts have been doing.
The social contract of democratic backsliding in the new EU countries
Authors: Adamski Dariusz
Published: March 2022

Democratic backsliding in the countries which joined the EU in this century poses questions as to how it may be understood and remedied. This article explains the phenomenon as a search for a specific social contract between the illiberal forces and the societies they seek to govern, setting the hypothesis against the experiences of three particularly problematic Member States: Hungary, Poland and Romania. Potential and actual responses by European institutions to this challenge, with particular emphasis on the ground-breaking potential of infringement proceedings to support the domestic division of powers, are discussed next. Finally, the paper analyses how seemingly unrelated broader EU policies have inadvertently contributed to the democratic backsliding.
Law and practice of financial appeal bodies (ESAs’ Board of Appeal, SRB Appeal Panel): A view from the inside
Authors: Ramos-Muñoz David , Lamandini Marco
Published: March 2022

This paper offers some lessons drawn from the first years of experience of both the joint Board of Appeal (BoA) of the European Supervisory Authorities and the Appeal Panel (AP) of the Single Resolution Board.The paper outlines their institutional design and the main substantive and procedural issues that have arisen in the cases so far decided by both bodies. It offers a view “from the inside”, which shows not only the certainties of appeal bodies, but also their many challenges. The paper also discusses design strengths and weaknesses of the current EU adjudicatory system of public law disputes in the Banking Union and the Capital Markets Union, bearing in mind the importance of independent review, and the Vaassen criteria for “courts”. The paper concludes by offering preliminary stocktaking and reflections on a possible way forward to enhance the complementary (and supporting) role of financial appeal bodies to the EU courts.
Understanding the nature of the EEA Agreement: On the direct applicability of regulations
Authors: Bekkedal Tarjei
Published: March 2022

In two judgments, the European Court of Justice has stated that regulations are directly applicable under the EEA Agreement and automatically become part of the internal legal order of the EEA EFTA States.The EFTA Court has taken the opposite position. In legal literature, the ECJ’s interpretation of Article 7 EEA has been dismissed as a plain misunderstanding. This paper sides with the ECJ; it shows that a principle of direct applicability is consistent with the wording of Article 7 EEA and that the principles of homogeneity and loyalty underpin the Court’s reasoning. Formally, the ECJ’s interpretation of Article 7 EEA is not binding on the EFTA Court or the EEA EFTA States. The EFTA Court should however consider whether legal and factual developments justify a revision of its current position. It would serve the interests of the dualist EEA EFTA States to embrace the ECJ’s position.
Kaleidoscopic data-related enforcement in the digital age
Authors: Yakovleva Svetlana , Geursen Wessel , Arnbak Axel
Published: March 2022

The interplay between competition, consumer and data protection law, when applied to data collection and processing practices, may lead to situations where several competent authorities can, independently, carry out enforcement actions against the same practice, or where an authority competent to carry out enforcement in one area of law can borrow the concepts of another area to advance its own goals. The authors call this “kaleidoscopic enforcement”. Kaleidoscopic enforcement may undermine existing coordination mechanisms within specific areas, and may lead to both the incoherent enforcement of EU rules applicable to data, and to sub-optimal enforcement. An EU level binding inter-disciplinary coordination mechanism between competition, consumer and data protection authorities is needed. Now the Commission has announced ambitious plans to enhance the coherent application of EU law in several areas, it is the perfect time to work towards creating such an enforcement mechanism.
The new European Directive on representative actions for the protection of the collective interests of consumers – A huge, but blurry step forward
Authors: Gsell Beate
Published: March 2022

With the new Directive 2020/1828 on representative actions for the protection of the collective interests of consumers, the EU legislature obliges the Member States for the first time to provide for representative actions for domestic and cross-border infringements of Union law, which, unlike under the previous Injunctions Directive 2009/22/EC, can be directed at redress measures. This marks a significant step forward in European collective redress. However, key aspects of the new representative action regime are only harmonized to a rather limited extent or remain vague, leaving the Member States considerable leeway for transposition into national law.
Humanistic Design of Practical Teaching Room Environment in Application-oriented Universities
Authors: Zhang Lingling , Zhai Jiawei
Published: March 2022

With the expansion of domestic universities and the demand of the employment market for the diversification of talent training objectives, the practice-oriented universities and colleges have experienced the development from generation to maturity for nearly twenty years, forming their own unique teaching mode and teaching methods. However, the practical teaching buildings of most of these schools still follow the traditional use mode, and have not changed the design of the use space with the change of the talent training mode. Based on the teaching reform of the practice-oriented universities and colleges, combining with the design trends of modern educational teaching buildings, this paper focuses on the human-oriented needs of teachers and students, and discusses the new ideas of practical teaching room design suitable for the practice-oriented universities and colleges.
The General Characteristics of Ecological Policy in China
Authors: Yang Ruirui
Published: March 2022

Since China became the world’s leading producer on the world map, China’s environmental conditions have been unfavorable and have long been the main source of damage to health and society. At the same time, in the past two decades, environmental and emission policies have undergone tremendous changes, especially the transition from poor implementation to implementation.
Research on the Necessity for the Establishment of International School in China
Authors: Liu Kun , Yang Ai , Chen Mengyuan , ChenLuo Qingqing
Published: March 2022

With the globalization development, schools around the world have embraced a globally oriented model of education. An embraced change that combines international education with traditional education has become a new trend for the future. Due to the acceleration of internationalization, more and more people have been seeking a higher quality of teaching and learning. The presence of an international school allows students to acquire a second language while having a good foundation in their mother tongue, and at the same time, it may also provide them a different concept from the one they would get from a regular school. Global education has become an irreplaceable part of modern education. In this paper, the development of the worldwide international schools has been introduced, and the hypotheses and discussion of the necessity for the establishment of international school in China has been obtained. Finally, the future trend and evolvement of the international school in China 2022 is also analyzed in the end of the paper.
Problems in Balanced Development of Compulsory Education and Optimization Strategies of Public Policies
Authors: Jiang Yuanyuan
Published: March 2022

The supply of basic public services concerns the survival and development of all citizens. Equally enjoying basic public services is the basic right of them, while promoting the equalization of basic public services is the fundamental responsibility of the government. With the continuous advancement of service-oriented government construction, the equalization of basic public services is increasingly valued. Compulsory education is an important part of the basic education system as well as a basic public service, whose development is not only an important way to realize the equality of education, but also an inherent requirement for the equalization of basic public services. At present, there are still some retarding factors in the development of compulsory education. To this end, it is necessary to optimize public policies to promote the balanced development of compulsory education. In this paper, the optimization path of compulsory education policy will be explored through the analysis of the imbalance phenomenon in the supply of basic public services of compulsory education among regions, urban and rural areas, schools and groups, so as to promote the balanced development of compulsory education.
The Construction of China’s Media Literacy Education System in the Context of the Algorithmic Era
Authors: Du Quanqingqing , Liu Xiaoyi
Published: March 2022

Following the media literacy education, a more targeted and systematic algorithmic literacy education is urgently needed to be put on the agenda. The study summarizes and analyzes previous research results, discusses the current algorithmic literacy education in China based on the comparison of the current situation of media literacy education in China and the West, and tries to propose a feasible algorithmic education system with wide coverage in light of the development trend of the times. In future research, in addition to learning from others’ experience, we can also start from the algorithm itself to improve users’ algorithmic literacy. Perhaps the huge social changes brought by algorithms cannot be resisted, but people can adopt a positive attitude to use algorithmic media reasonably with an awareness of the essence of algorithms, and be fully prepared to embrace the algorithmic era.
How Collective Intelligence Restrains the Rumor Spreading in Emergencies?
Authors: Wu Pinmo , Qu Xiaowen , Zhong Zhuoxi
Published: March 2022

When communicating online under COVID-19 epidemic in 2020, all kinds of rumors are widely spread on the Internet. Coming with the spread of virus, the rumor spreading not only threaten the public health, but also facilitate panic and destroy the harmony of society. This study took the COVID-19 epidemic, a serious public health emergency, as an example. Firstly, we build up a Structural Equation Modeling (SEM) containing the influential factors of Collective Intelligence on unconfirmed information dissemination (UID) on social media, and then conduct an empirical test based on the survey data. The results show that the use of Collective Intelligence can restrain the spread of rumor in public health emergencies, among which critical thinking, collective refutation and proof, crowdsourcing and member heterogeneity are the main restraining factors. However, opinion leaders would facilitate the spread of rumor. This paper not only enriches the theory of Collective Intelligence and rumor management, but also has important practical significance for suppressing rumor spreading during the emergencies.
Research on Practical Teaching in Applied Universities based on Skill Competition
Authors: Wang Xiaona
Published: March 2022

If education prospers, the country prospers, and if education is strong, the country is strong. As an important type of higher education, application-oriented universities are an important part of higher education. Compared with academic universities, they pay more attention to practical teaching and strengthen the training of application-oriented talents. They undertake the task of transporting high skilled and application-oriented professionals for the country and society. The training goal of application-oriented universities to cultivate advanced application-oriented talents urges higher education to pay more attention to the requirements of practical knowledge while paying attention to the teaching of basic theoretical knowledge, and strengthen students' practical work ability. The teaching of knowledge is based on ability and practicality, highlighting the cultivation of talents with certain professional technology and skills.
Theoretical Analysis of Sports Education Model for Realizing the Deep Teaching of Physical Education
Authors: Wang Yilin , Wang Jinlian
Published: March 2022

Based on the diversified requirements of physical education disciplinary core literacy, physical education needs to transcend traditional teaching of physical education and move towards deep teaching of physical education. This paper generalizes and analyzes the connotation, concept and characteristics of deep teaching of physical education by means of literature. At the same time, the paper combs and analyzes the corresponding relationship between the teaching concept, teaching characteristics, teaching process structure of sports education and the specific requirements of deep teaching of physical education. It is believed that the characteristics of sports education correspond to the specific points of implementing the deep teaching of physical education and can meet the needs of the deep teaching of physical education. Therefore, physical education teachers can make reasonable use of sports education in class to create a classroom teaching environment conducive to students' all-round development.
Physical Training Courses of Mine Rescue Crew in Different Age
Authors: Ran Hongyu
Published: March 2022

To scientifically formulate physical training plans and assessment standards for mine emergency rescue teams. This study adopts research methods including literature method, expert interview method, and field investigation method and takes the physical training course of the National Mine Rescue Team Kailuan Team as the research object. The problems, curriculum objectives, assessment standards and the courses contents of the physical training of the mine emergency rescue team has been researched, and physical training curriculum systems for different age groups have been proposed through this study. The results suggest that the theoretical knowledge of the basic-level physical fitness instructors (commanders) needs to be improved, the training methods are single, and the ambulance team members are not trained by age. The new curriculum goals are supposed to takes into account the physical features of rescue team members of different ages; the assessment standards should enable the evaluation indicators of rescue teams in training to be scientific to meet the diverse needs of rescuers; based on the existing curriculum reform practice, it is believed that the physical training system of the rescue team must be improved. The structure and content of the physical training courses of the segmented rescue team enable the comprehensive development of the rescue team’s physical fitness and provide reference for the more scientific and reasonable training of the different emergency rescue team.
Intelligent Transformation of Small and Medium-sized Enterprises through University-enterprise Cooperation
Authors: Ye Yunyang , Wang Shuxin
Published: March 2022

At present, a new round of industrial revolution is profoundly affecting human production and life style. The traditional manufacturing industry will further develop towards intelligence under the background of industry 4.0. In the development of local economy, local small and Medium-sized enterprises play an important role. However, small and Medium-sized enterprises often lack the ability of capital, technology and reform and development. Their hardware equipment is still at a low level in the field of modern industry, and their profits are greatly affected by labor costs. Local small and Medium-sized electrical appliance manufacturing enterprises promote the intelligent transformation of enterprises through in-depth cooperation with local universities and collaborative innovation, so as to provide reference experience for the transformation and upgrading of small and Medium-sized enterprises.
Study on the Demand and Influencing Factors of Elderly Care Service in Urban Community
Authors: Zhao Xiaoyan , Bao Xiaowen
Published: March 2022

Urban community pension is a new pension model proposed in view of China's social transformation and aging problem. Urban community old-age service refers to the old-age model in which the government, non-governmental organizations and other institutions provide various services for the elderly in the communities where they belong. Urban community endowment covers the advantages of the traditional family endowment and institution endowment, it costs low, the elderly can according to their own economic bear ability of freedom to choose to choose to service content, also can satisfy the elderly are not willing to leave their familiar homes with the requirements of the community, but also can not out of the house or out of town can enjoy all kinds of professional services. This paper will study the current situation of urban community pension service demand, urban community pension service demand and its influencing factors.
Corporate Culture in Enterprise Management: The Motivational Role of Corporate Culture in Huawei Company as an Example
Authors: Li Lulu
Published: March 2022

Now as China's economy is growing competition in the market more and more fierce, many enterprises realize that within the enterprise the importance of cultural construction in the whole enterprise management. Through research the incentive function of Huawei's corporate culture in the position in the company management, found that the role of Huawei's incentive mechanism of enterprise culture is: the enhancement enterprise's cohesive force, promote the good enterprise image and help to constraint and regulate the behavior of employees.
Exploring the Influence of French on the Pronunciation of the Letter h in English Words
Authors: You Haiyue
Published: March 2022

In English learning, what are the reasons behind when to not pronounce the letter h and when to pronounce it in English words? These are the questions that English learners struggle with. In this essay, the author will investigate the influence of French on the change of English pronunciation of the letter h in English words through a chronological approach: Old English, Medieval English and Modern English. In this way, the author hopes to help English learners further understand the influence of French on the pronunciation of English words with the letter h, and from there to help English learners to memorize the pronunciation of the relevant words.
Study on the Criminal Law Regulation of Online Rumors Insulting "Strangers"
Authors: Tang Liwen
Published: March 2022

According to the annual legal supervision cases released by the Supreme People's Court of the People's Republic of China in recent years, the online rumors insulting strangers based on their characteristics, which damages the strangers' reputation, will be identified as crime of defamation. The criminal law regulation is significant in this regard, and based on the certain civil liability system, this act should be defined as crime of defamation since it infringes people's fame and dignity. As for the infringement of legal interests, the act of starting a rumor, in essence, matches with the definition of the crime of picking quarrels and provoking trouble, which refers to those acts of fabricating and intentionally spreading false information and seriously disturbing social order. When both the indictment criteria for defamation and the criterion of serious disruption of public order are met, the imaginative joinder offenses arise.
Research on the Impact Mechanism of Asteroid Mining on Global Equity under the Comprehensive Evaluation System
Authors: Cai Fukun , Wang Dan
Published: March 2022

In order to scientifically measure the global equity connected with asteroid mining, we establish a comprehensive evaluation system of global equity based on five criteria layers involving economic, environmental, educational, social, and health. We also measure the Global Equity Index (GEI) based on entropy weight method and AHP. The countries are grouped into three categories according to GEI. We Use grey relational analysis to screen out the indicators of significant impact of GEI for different categories of countries, and deeply study the mechanism of asteroid mining on global equity. For the definition and analysis of Global Equity, this paper comprehensively evaluates the level of global equity from five aspects involving economy, environment, education, society, and health. This paper selects representative indicators such as GDP per capita, resident consumption per capita, carbon dioxide emissions, forest area, etc., and uses the entropy weight method and the analytic hierarchy process to quantify the level of sample country’s equity. We select the developed and developing countries of each continent respectively, multiply the scores of each sample by the corresponding number of developed or developing countries in its continent, we use weighted average to arrive at the equity score of one continent and the global equity score finally. For the future vision for asteroid mining, we will describe in detail the subjects, costs and benefits, resource division, and profit distribution of the asteroid mining. After using the entropy weight method to determine weights, we screen out indicators which produce a significant impact on global equity, and analyze the impact mechanism of asteroid mining on global equity. For the future impact of asteroid mining, we divide countries into three categories: countries with high equity level, medium equity level, and low equity level by clustering. We use grey correlation analysis to find the indicators that have a significant impact on the GEI of different countries, and analyze the impact of the three-stage changes in asteroid mining on these three types of countries.
Subtitle Translation of Red Film from the Perspective of Purpose Theory
Authors: Chen Shuowen
Published: March 2022

In recent years, as China is opening up more to the outside world, the foreign exchange activities of the film and culture industry are increasing, and a large number of domestic high-quality films have been continuously exported to overseas markets. Based on this background, the translation of Chinese films for foreign promotion is also facing a huge and unprecedented challenge, and both Chinese film circle and translation academics failed to fully realize the importance of subtitle translation for spreading Chinese films abroad. As a popular red-themed movie nowadays, "The Battle at Lake Changjin" see the integration of abundant phrases with Chinese characteristics. Therefore, this paper studies the subtitle translation of specific phrases in this film of 100th anniversary of the founding of CPC celebration, and examines the translation of red films from four aspects, including research background, translation purpose theory, CEA theory explanation and subtitle translation evaluation in a bid to summarize the pattern of red movie subtitle translation, so as to better promote Chinese culture and contribute to the international communication of movies with unique Chinese characteristics.
The Interaction of Virtue and Ritual in Chinese Politics
Authors: Hao Pengcheng
Published: March 2022

The word "virtue" is the core idea in Chinese political tradition, while "ritual" is the institutional shell in which the idea is implemented into the real political order. As the primary pair of opposites in political governance, virtue and ritual have been influencing each other and interacting with each other from the moment of their creation. The abstract ideal concept of virtue is constantly externalized into a concrete ritual system, and the external form of ritual constantly acquires abstract meaning. Political governance encompasses almost every aspect of human life, and the concept of virtue eventually becomes an omnipresent spirituality, while rituals become an all-encompassing cultural system in the interaction with virtue.
Face Mask Detection Using Artificial Neural Network
Authors:   MCA Scholar, Department of CS& IT, Jain University, Bangalore, VERMA ANSHUL
Published: March 2022

As per the current situation of Coronavirus pandemic many has been affected with this contamination. As per the World Health Organization (WHO), there are numerous side effects that influence us. Thus, in this pandemic each nation, specialists all are saying that each individual should wear cover, use sanitizer and keep up with social removing for other people and to be a long way from infection warmth. According to this, when the pandemic will be open, people will be aggregated in a social event in specific spots like bistro, retail plazas and significantly more places. Thus, we can't track down individuals without veil in the colossal social event of people. I had developed an AI model which will deduct the person without veil. This model is been made by the ARTIFICAL Neural Network, Python, open-cv. Keywords - Python, Artificial intelligence, open cv, webcam, python libraries Keywords - Python, Artificial intelligence, open cv, webcam, python libraries.
Sistema de cálculo de la pensión de jubilación de los trabajadores a tiempo parcial, principio de igualdad y no discriminación por razón de sexo
Authors: Sánchez-Urán Azaña Yolanda , Moreno Romero Francisca
Published: March 2022

El Tribunal Constitucional declara la inconstitucionalidad y nulidad de la norma reguladora de la cuantía de la pensión de jubilación para los trabajadores a tiempo parcial, en concreto, la aplicación del denominado "coeficiente de parcialidad", por cuanto vulnera el principio de igualdad y constituye una discriminación indirecta por razón de sexo, lesionando el art. 14 CE.

The Constitutional Court declares the unconstitutionality and nullity of the rule that regulates the amount of the retirement pension for part-time workers, in particular the application of the so-called "partiality coefficient", for violating the principle of equality and constitutes indirect discrimination by reason of sex, injuring the art. 14 S.C
El derecho a recibir una cesta de Navidad de origen convencional: interpretación y validez de las condiciones estipuladas para su concesión
Authors: Castro Argüelles María Antonia
Published: March 2022

La STS 203/2019 niega a los trabajadores afectados por el conflicto colectivo el derecho a recibir la "cesta de Navidad" correspondiente a 2016 de acuerdo con la interpretación que hace de los acuerdos colectivos que reconocen este derecho, según el sentido literal de sus cláusulas y lo que resulta asumido por las partes.

The Judgment of the Supreme Court 203/2019 denies workers the right to receive the corresponding "Christmas basket" for 2016 according to the interpretation of the collective agreements that recognizes this right, according to the literal meaning of its clauses and what is assumed by the parties.
Interinidad e indemnización extintiva como problema: finalización de la relación laboral del interino por reincorporación del trabajador al que sustituye e inexistencia de indemnización
Authors: Monereo Pérez José Luis , Ortega Lozano Pompeyo Gabriel
Published: March 2022

Después del caos existente desde que se plasmara la interpretación jurisprudencial del TJUE en la sentencia del asunto De Diego Porras, junto a los otros dos fallos que le complementaron, sentencias Martínez Andrés y Pérez López, la doctrina del Tribunal Supremo confirma que no existe discriminación por la diferencia indemnizatoria entre un trabajador fijo -20 días de salario-, un trabajador interino -nada de indemnización- o un trabajador temporal por obra, servicio o eventual -12 días de salario-

After the existing chaos since the jurisprudential interpretation of the CJEU in the judgement of the case De Diego Porras, besides the other two decisions that complemented it, the judgements Martínez Andrés and Pérez López, the doctrine of the Supreme Court confirms that it does not exist discrimination for the compensatory difference between a permanent worker -twenty days of salary-, an interim worker -no compensation- or a temporary worker for specific work or service -twelve days of salary
Compatibilidad de la incapacidad permanente con el trabajo por cuenta ajena a tiempo parcial, al no ser perjudicial o inadecuado al estado del trabajador
Authors: Romero Ródenas María José
Published: March 2022

Es compatible la prestación de Incapacidad Permanente Absoluta y la realización de un trabajo por cuenta ajena a tiempo parcial con la previsión legal fijada en el art. 141.2 LGSS al no ser perjudicial o inadecuada a su estado de salud y la Entidad Gestora no haya procedido a la revisión de IPA en virtud de una mejoría o de un error de diagnóstico, contemplada en la Ley.

Il est compatible la disposition relative à l'invalidité permanente absolue avec l'exercice d'un emploi à temps partiel avec la disposition légale énoncée à l'art. 141.2 LGSS parce qu'il n'est pas nuisible ou insuffisant pour son état de santé et que l'organe de gestion n'a pas procédé à la révision du handicap en vertu d'une amélioration ou d'une erreur de diagnostic, prévue par la Loi.
La determinación del valor de la hora extraordinaria mediante el convenio colectivo: ¿puede concretar una remuneración inferior a la de la hora extraordinaria
Authors: Arias Domínguez Ángel
Published: March 2022

¿Puede un convenio colectivo fijar la remuneración de la hora extraordinaria por un valor inferior a la ordinaria? El ET lo impide, pero cuando la identificación de su valor en el convenio colectivo aplicable se hace en relación con la jornada máxima legal, y no en relación con la jornada máxima del convenio, pueden producirse diferentes interpretaciones que consienten que, efectivamente, el valor de la hora extraordinaria sea inferior a la de la ordinaria, aunque sea una práctica no adecuada y conlleve la anulación de los preceptos del convenio que así lo preveían.

Can a collective agreement set the remuneration of the extraordinary hour for a value lower than the ordinary one? The ET prevents it, but when the identification of its value in the applicable collective agreement is made in relation to the legal maximum working time, and not in relation to the maximum working day of the agreement, different interpretations may be produced that allow that, indeed, the value of the extraordinary hour is inferior to that of the ordinary one, even if it is an inappropriate practice and entails the annulment of the precepts of the agreement that so foreseen.
Los abogados adscritos al turno de oficio no pueden constituir sindicatos: no son trabajadores por cuenta ajena, ni el hecho de prestar un servicio público les convierte en sujetos de una relación de servicios estatutaria o administrativa
Authors: Casas Baamonde María Emilia
Published: March 2022

El derecho fundamental de libertad sindical, en su faceta de derecho a fundar sindicatos sin autorización previa, se reserva legalmente a los trabajadores que sean sujetos de una relación laboral o de una relación de carácter administrativo o estatutario al servicio de las Administraciones públicas. Si los promotores del sindicato son trabajadores autónomos, en el caso abogados de oficio, no pueden fundar sindicatos, tengan o no tengan por objeto la tutela de sus intereses singulares, cuestión irrelevante frente a la condición jurídica de los promotores.

The fundamental right of trade union freedom, in its facet of the right to establish unions without prior authorization, is legally reserved for workers who are subject to an employment relationship or an administrative or statutory relationship at the service of public administrations. If the union promoters are self-employed, in this case public defender, they cannot establish unions, whether or not they have as their object the protection of their singular interests, an irrelevant question regarding the legal status of the promoters.
ՀԱՄԱՎԱՐԱԿԻ ԸՆԹԱՑՔՈՒՄ ԱՆՁԻ ՀՈԳԵԲԱՆԱԿԱՆ ԱՆՎՏԱՆԳՈՒԹՅՈՒՆԸ ԵՒ ՀՈԳԵԿԱՆ ԱՌՈՂՋՈՒԹՅՈՒՆԸ. ՏԵՍԱԿԱՆ ԱՍՊԵԿՏ / A PERSON’S PSYCHOLOGICAL SAFETY AND MENTALHEALTH DURING A PANDEMIC: THE THEORETICAL ASPECT
Authors: Muradyan Ye. B.
Published: March 2022

The problem of a person’s psychological safety, mental health in the framework of the current situation of the COVID-19 pandemic is considered in the article. The aim of the theoretical study is to examine the impact of the pandemic on person’s psychological safety and mental health.
The stress factors common for a pandemic situation and their impact on a person’s mental health are described. An attempt is made to identify possible types of conjugation of the concepts of a person’s "psychological safety" and "mental health". The formulation of questions that are existentially significant for a person in a pandemic situation reveals the scale of its negative impact.
The “nature”, the essential characteristics of safety (psychological safety) and mental health are bei
Effective Stress Analysis of Liquefaction Sites and Evaluation of Sediment Ejecta Potential
Authors: Hutabarat Daniel , Bray Jonathan
Published: March 2022

Sediment ejecta mechanism contributes significantly to the severity of liquefaction-induced ground failure (e.g., excessive land subsidence). Estimating the amount of ejected sediment is a key step to assess the severity of ground failure; however, procedures to quantify it are currently lacking. Sediment ejecta is a post-shaking phenomenon resulting from the migration and redistribution of excess-pore-water-pressure (ue) generated during earthquake shaking. The dissipation process of residual ue can trigger high-gradient upward seepage, which can exploit cracks in the upper non-liquefiable crust layer. Once cracks in the crust layer are fully formed and there is sufficient artesian water pressure, the seepage flow can produce artesian flow above the ground surface while ejecting the fluidized sediment to the ground surface. As more sediment is transported to the ground surface, additional ground subsidence is produced. The characteristics of liquefiable sites that did and did not produce sediment ejecta manifestation after the 2010–2011 Canterbury earthquake sequence in Christchurch, New Zealand, remain unclear. The severity of liquefaction-induced ejecta manifestation for the 2010–2011 Canterbury earthquakes was overestimated or underestimated using liquefaction-induced ground failure indices, such as the Liquefaction Potential Index (LPI) or Liquefaction Severity Number (LSN), at several sites in Christchurch. By capturing the sediment ejecta mechanism, it is possible to have a reliable estimate of ground failure severity and prevent costly or unconservative ground improvement designs in mitigating liquefaction hazards. This research proposes a new way to quantify the quantity of sediment ejecta and hence the severity of post-shaking liquefaction consequences due to sediment ejecta for level ground.
Clustering of MSME Development in Lhokseumawe City after Covid 19 Vaccination
Authors: . Asrianda , . Zulfadli , Fahmi Asrul
Published: March 2022

Clustering is developing the MSME economy that emphasizes cooperation among the various elements . MSMEs' geographical concentration is to link to their ability to synergize. Suppliers of goods, service providers, and business actors are all involved. After the Covid 19 vaccination, develop the economy by managing MSMEs and providing solutions. Clustering can be used to show the region's potential, MSMEs' profiles, regional products, regional opportunities, and qualified businesses that can be developed. Based on testing using the elbow method with SSE, the data clustering process for MSMEs in Lhokseumawe City is 4 with cluster income, namely sound, sufficient, and less, less than optimal (sum of square error). The number of clusters used is four, with the starting point chosen randomly. Cluster 0, which has 20 members; cluster 1, which has three items of data; cluster 2, which has one item of data; and cluster 3, which has six items of data, are the results of grouping into four groups.
EFICIÊNCIA DO CONTROLE SOCIAL EM MUNICÍPIOS DE RONDÔNIA: ESTUDO DE CASO SOBRE A PARTICIPAÇÃO DA SOCIEDADE NO PROCESSO DE CONTROLE DA GESTÃO DAS FINANÇAS PÚBLICAS
Authors: De Colares Jose Carlos
Published: March 2022

O objetivo deste trabalho foi medir a participação da sociedade no processo de controle das finanças públicas municipais a partir dos indicadores sociais, na busca de identificar sua eficiência e indicar possíveis pontos de melhoria necessários ao aprimoramento desse controle. Utilizou-se de um estudo de caso sistemático, exploratório, descritivo e quali-quantitativo em vinte municípios do Estado de Rondônia, envolvendo seis variáveis que afetam o processo. Realizou-se uma pesquisa teórica e documental, exame da legislação e das informações disponíveis obtidas na pesquisa de campo. Pelos resultados a gestão transparente dos municípios é satisfatória, porém a qualidade das informações é incipiente. Foi constatado, ainda, que o nível de utilização pela sociedade das informações disponibilizadas, assim como a participação no controle e na elaboração de políticas públicas a partir dos indicadores sociais, são insuficientes. Por fim, foi possível indicar contribuições e recomendações visando a melhoria do controle social das finanças públicas municipais.
Total intravenous anesthesia vs inhalational anesthesia in patients undergoing surgery under general anesthesia. Cost-minimization study
Authors: Casas-Arroyave Fabián David
Published: March 2022

Introduction: The methods most frequently used at the present time in Colombia for the administration of general anesthesia are based on halogenated and intravenous drugs. However, in view of the lack of differential clinical outcomes, the existence of cost variations between the two is not clear.

Objective: To determine the expected cost of the use of both techniques in patients taken to surgery, within the framework of the Colombian national health system.

Methods: A cost minimization study was carried out using the decision tree as the analytical model. A time frame of 6 postoperative hours was used as the assumption. Only direct healthcare-related costs were included using a case study approach. An econometric model was used based on the frequency with which each technology is applied and the type of drug used, and a deterministic and probabilistic sensitivity analysis was performed.

Results: For the case study, total intravenous anesthesia (TIVA) is more costly than the inhalational technique, with an incremental cost of $102,718 per patient. The deterministic analysis shows that both the incidence of postoperative nausea and vomiting (PONV) as well as the use of target controlled infusion (TCI) techniques are the main cost determinants. The probabilistic analysis shows that the cost difference can even be nil in more than 50% of the simulated settings, when the difference in the risk of PONV is higher.

Conclusions: Although the total intravenous technique can be more costly than the inhalational technique, this difference is offset by a lower cost of the postanesthesia care unit, given the lower risk of postoperative nausea and vomiting.
Suicide in Colombian anesthesiologists. National survey study
Authors: Chaves Vega Alexandra , Sánchez Bello Nubia Fernanda , Bocanegra Rivera Juan Carlos , Gómez Buitrago Luz María
Published: March 2022

Introduction: The risk of suicide among anesthesiologists seems to be higher than in other areas of specialization, probably because of the significant stress associated with this specialty, easy access to strong medications and the profound knowledge about the use of these drugs. There is a poor knowledge about the impact of suicide on anesthesiologists in Colombia and the resources available to deal with this situation are limited.

Objective: This survey is intended to indirectly identify the frequency of suicide among the Colombian anesthesiologists and the experiences associated with the suicide of a colleague.

Methods: Observational, cross-sectional study based on a survey administered to all the anesthesiologists members of the Colombian Society of Anesthesiology and Resuscitation S.C.A.R.E., at a national scale.

Results: 403 anesthesiologists completed the survey. Eighty (19.8 %) of the respondents said they were aware of the death of at least one colleague that committed suicide. Most of them are male anesthesiologists or intensivists, and the age group with the highest rate of reports is between 25 - 29 years old in males. The primary causal mechanism was opioid overdose (58.5 %).

Conclusions: In an indirect characterization of suicide among Colombian anesthesiologists, 99 suicide reports were identified corresponding to 80 anesthesiologists. Suicide is preventable and the worksite should provide the support mechanisms required to identify occupational stress, drug dependence, depression and suicide.