bluuebunny/crossref_metadata_2025 huggingface dataset:
Prevalence of Metabolic Syndrome in Polycystic Ovarian Syndrome
Authors: Sana Amna , Khadija Syeda , Shazadi Raisa , Khan Wajiha , Rasool Kinza , Fazal Anam
Published: March 2022

Metabolic Syndrome has High Prevalence in PCOS.Objective:This present study was conducted to evaluate the prevalence of MetS in PCOS patients using the related previously published data.Methods: The present systematic review was based on the Preferred Items for Systematic Reviews and Meta-Analyses (PRISMA) guidelines. The search was done using MeSH keywords in databases of PubMed, biomedcentral.com, Obgyn science and Google scholar search. We used Cochran's Q test and I2 Index to evaluate the relation among the studies and the random effects model was used to combine the results. Article review and discussion were precisely described with their refrences on the end of study.Results: 12 studies including 2600 plus patients with PCOS were included in the final analysis. Total heterogeneity was high . The prevalence of MetS in PCOS patients was estimated to about 70% in total patients with the history of pcos.Conclusion:Considering the prevalence of Metaboolic Syndrome in PCOS patients, diagnosis of Metabolic Syndrome in PCOS patients is necessary to reduce the causes and effects on the mortality rate.
Increasing Antibiotic Resistant Pattern in Clinical Bacterial Isolates, From Tertiary Care Hospital, Hayatabad Medical Complex, Peshawar, Pakistan
Authors: Anwar Yaseen , Ullah Faiz , Yasin Muhammad , Basit Abdul , Ullah Inam , Shah Syed Fahim , Ullah Waheed
Published: March 2022

Bacterial infections are spreading worldwide especially in the developing countries. Most clinical pathogens have evolved mechanisms of resistance due to which most antibiotics are less or not effective to restrict their growth. Current study aims on finding the prevalence of antibiotics resistance in clinical isolates. Material and Methods: Total (n=753) clinical specimens were collected, among them, total (n=105) bacteria were identified on the basis of standard culture characteristics and biochemical tests and their antibiotics resistance pattern were determined. Results: Higher incidence of multidrug resistance bacteria were found in patients aged above 50 years and were prevalent in OPD, emergency and gynea wards. The dominant bacterial species were gram negative i.e. Escherichia coli (29%), Staphylococcus aureus (19%), Pseudomonas aeruginosa (13.33%), Acinetobacter species (5.71%), whereas, gram negative isolates were Staphylococcus epidermidis (9.52%), Streptococcus specie (5.71%), and Enterococcus faecium. Antibiotics like amoxicillin/clavulanic acid, cefuroxime and sulphamatoxazole/trimethoprim were resistant to 64.61%, 63.07% and 61.53% of gram negative bacteria respectively while ciprofloxacin, doxycycline and fusidic acid were resistant to 70%, 52.5% and 52.5% gram positive bacteria respectively. The most susceptible antibiotics against gram negative were sulbactum/cefoperazone and amikacin while to gram positive were linezolid, chloramphenicol and rifampicin. Conclusion: Current study revealed increasing antibiotic resistance pattern that need intimidate focus on surveillance of antibiotics resistance regularly and to ensure long lasting efficacy of antibiotics.
Comparison of Effectiveness of Mechanical Hold Versus Kinesio Taping in Managing Patellofemoral Pain Syndrome
Authors: Syed Sidra , Bukhari Bazal , Afzal Saba , Nasir Maham , Ali Sarwat
Published: March 2022

Patellofemoral pain syndrome (PFPS) is a common problem of runners leading to pain and functional limitation in athletes. Patellar taping is increasingly popular method of treatment for PFPS but comparative effectiveness especially McConnell's taping (MT) and Kinesio taping (KT) techniques is unknown. Objective: The intentions of this study were to find and compare effects of McConnell's taping (MT) and Kinesio taping (KT) in management of PFPS. Methods: A quasi experimental study was conducted by recruiting 60 patients of PFPS using convenience sampling technique. Participants were randomly divided into two groups MT and KT group and received patellar taping on daily basis for MT and on alternate days for KT group. Assessment was done using numeric rating pains scale and range of motion before treatment, immediately after 1st session, after 1 week and after 2 weeks of rehabilitation. After 2 weeks data was entered on SPSS v.21 and Analysis was done. Results: Mean Age in Kinesio taping (KT) was 28.40±4.74 and in McConnell's taping (MT)group was 28.17.70± 4.684. Within the group analysis showed that both techniques were effective in reducing pain intensity, improving range of motion and improving anterior knee pain scale scores (p-value < 0.05). However, independent sample t-test analysis determined that there was not any particular difference between the results of both aping techniques and p-value > 0.05 that proves our null that there is no difference between the effects of KT and MT in treating PFPS. Conclusion: KT and MT both are equally effective techniques for management of PFPS and important in decreasing pain and disability. However further studies are required with control groups to measure additional effects of exercise therapy.
Žyrovičų evangelija – Lietuvos Didžiosios Kunigaikštystės XVI a. rankraštinis paminklas
Authors: Jurkevičius Andrius
Published: March 2022

Žyrovičų evangelija, dabar saugoma Lietuvos mokslų akademijos Vrublevskių bibliotekos Rankraščių skyriuje, yra vertingas Lietuvos Didžiosios Kunigaikštystės XVI a. rankraštinis paminklas. Ji taip pavadinta pagal Baltarusijos Slanimo rajono Žyrovičų kaimą, kurio vienuolyne buvo ilgą laiką. Straipsnyje apibendrinamos žinios apie Žyrovičų evangelijos saugojimo istoriją, šio rankraštinio paminklo tapybinius elementus, rašto bei kaligrafijos savybes. Jos bus pravarčios Lietuvos mokslų akademijos Vrublevskių bibliotekoje kuriamo Lietuvos knygos ir mokslo minties muziejaus Bibliopolis lankytojams – Žyrovicų evangelija yra vienas iš būsimo Bibliopolio lobyno eksponatų. Esminiai žodžiai: rankraštis; Žyrovičai; Brestas; Evangelija; Lietuvos Didžioji Kunigaikštystė; Lietuvos mokslų akademijos Vrublevskių biblioteka.
Euskarazko testuen komunikagaitasun-maila automatikoki sailkatzeko lehendabiziko urratsak
Authors: Azpillaga Xabier
Published: March 2022

Artikulu honetan HABEren eta IXA ikerketa-taldearen arteko egitasmo baten lehen urratsak azaltzen dira. Proiektuaren helburua komunikagaitasun-mailen araberako testu-sailkatzaile automatiko bat sortzea da, ikasleen ulermen-mailarako egokiak diren idatizko testuak objektiboki hautatzeko aukera emango duena. Horretarako, HEOCeko mailaz mailako adierazpide linguistikoak literaturan erabili izan diren bigarren hizkuntzen jabekuntzako (SLA, Second Language Acquisition) parametroen gisakotzat hartu dira, eta horiekin informatika-aplikazioetarako linguagrama bat sortu.
The Vascular PAD-QIF CQUIN: what is it, why is it important, what does it mean for vascular units?
Authors: Birmpili P , Atkins E , Boyle JR , Sayers SD , Blacker K , Williams R , Pherwani AD
Published: March 2022

The Commissioning for Quality and Innovation (CQUIN) indicators for 2022/23 were recently published by NHS England and for the first time include a vascular indicator, the “Achievement of revascularisation standards for lower limb ischaemia”.1 This is great news and will drive quality improvement for patients with chronic limb-threatening ischaemia (CLTI). In this editorial we describe what this means for English NHS organisations providing vascular services, vascular clinicians and patients.
Kasata klasztoru misjonarzy św. Wincentego à Paulo w Mławie (1864) i dzieje majątku poklasztornego
Authors: Zygner Leszek
Published: March 2022

Klasztor księży misjonarzy św. Wincentego à Paulo w Mławie działał w latach 1712–1764. W okresie tym misjonarze obsługiwali kościół parafialny Świętej Trójcy i kościół filialny św. Wawrzyńca w Mławie oraz kościół parafialny św. Anny w Wojnówce, afiliowany już wcześniej do parafii mławskiej. Na skutek kasaty klasztorów w Królestwie Polskim (1864) dom misjonarzy w Mławie został zamknięty, a majątek po misjonarzach przejęty na rzecz skarbu Królestwa. Ostatni misjonarze opuścili Mławę wiosną 1865 r. Natomiast majątek przejęty po misjonarzach (13 domów wraz z placami, ogrodami i sadami), a także około 145 ha gruntów w granicach miasta oraz około 7,5 ha ziemi należącej do dawnego szpitala prowadzonego przez misjonarzy wystawiono na licytację i sprzedano na początku lat 70. XIX w. Budynek zlikwidowanego klasztoru misjonarskiego w 1873 r. przebudowano na potrzeby biura powiatu mławskiego. Był też plan przebudowania części tego budynku na cerkiew, co jednak nie doszło do skutku. Budynek klasztoru spłonął doszczętnie w czasie nalotów lotniczych na Mławę w styczniu 1945 r.
The Court of Justice and the social market economy: The emergence of an ideal and the conditions for its realization
Authors: Azoulai Loïc
Published: March 2022

The reference to “social market economy” introduced in the Lisbon Treaty seems to fit with the political theory guiding the Court of Justice in its recent decisions in Viking and Laval. Through these judgments, the Court promotes the ideal of a European Community which integrates not only in economic but also in social terms. The article discusses the practical ways and the legal means by which it realizes this ideal. First, the Court first has to make clear the relevance of EC internal market law in the field of collective labour action (industrial action). The Court uses both the Directive on posted workers and the Treaty–based rights to economic freedom. Second, the Court has to reconcile market and social elements of the European integration. It uses a model of balancing of economic and social objectives. However, at both these two stages, difficulties arise.
The United Nations, the European Union, and the King of Sweden: Economic sanctions and individual rights in a plural world order
Authors: Stein Eric , Halberstam Daniel
Published: March 2022

Reawakened from its long slumber during the Cold War, the UN Security Council has become more active than ever before. Increased UN activity, however, has not always spelled increased accountability and control. This problem becomes particularly acute in the case of UN decisions imposing targeted economic sanctions on individuals who are suspected of sponsoring terrorism. These sanctions, or the process by which the decisions on sanctions are reached, have been in considerable tension with international as well as domestic conceptions of fundamental rights.

When the UN enlists regional organizations and States in taking action against such individuals, the resulting multiplicity of institutions may be a blessing or a curse. The plurality of claims to ultimate legal authority may create multiple veto points checking for the protection of fundamental values or may provide myriad opportunities for obstruction, burden shifting, or evasion of responsibility. The difficulty, then, lies in arriving at an approach that can mediate productively between the needs for collective action and the particular perspective of each institutional participant without losing site of fundamental values, such as human rights.

This Article tackles these questions by examining the international human rights constraints that operate on UN authority, and then turning to a discussion of the UN’s economic sanctions regime and the clash of legal orders in recent litigation in the European Courts – especially in the Kadi case – surrounding implementation of that sanctions regime in the European Union and its Member States.

We argue that the UN Security Council should be considered bound by human rights; that the EC Treaty provides the European Community with power to implement targeted sanctions; that the relation between the European legal order and that of the UN lacks an ordered hierarchy; and finally, that this pluralist relationship should be managed neither by usurpation nor simple resistance, but by constructive mutual engagement on constitutional as well as international human rights.
Social Blind Spots and Monocular Policy Making: The ECJ’s Migrant Worker Model
Authors: O’brien Charlotte
Published: March 2022

Despite the development of Union citizenship it is still work that acts as the key to Community rights. The right to equal treatment of workers on the grounds of nationality is accorded greater weight not only than that of Union citizens, but also than rights regarding other discrimination grounds, as all distinctions are eclipsed by that between workers and non-workers. Economic categorization is a process precedent to and isolated from social objectives of the Union, and its predominance suggests constitutional asymmetry – the relegation of social rights to a position beneath and after the guarantee of economic freedoms. It fails to deal with issues of intersectional discrimination where nationality is not the only factor. By patching together a set of generally applicable criteria to define migrant workers, the current regime both treats differently people who are in a similar situation – thanks partly to the arbitrariness of the criteria landed upon – and fails to treat differently people in different situations, by subjecting all migrants to the same test. This article argues in favour of an integrated interpretation approach: that the reach of free movement rights should be defined according to a duty of both formal and substantive equal treatment. The scope of migrant work should be subject to the same principles as the content of Community law. In this way some asymmetry could be redressed; not by attempting to Europeanise the social, but by socializing the (already European) economic.
The Duty of Loyalty: Rethinking its Scope through its Application in the Field of EU External Relations
Authors: Neframi Eleftheria
Published: March 2022

The duty of loyalty, or loyal cooperation, (Art. 4(3) TEE, ex Art. 10 EC) governs the interactions between the Union and national legal orders and is linked to fundamental principles, such as effectiveness, primacy and respect of the Member States’ autonomy. In the field of EU external relations, the duty of loyalty may express different facets of the Union interest. As an expression of the obligation to effectively implement common rules, the duty of loyalty permits to understand how a mixed agreement in its entirety has to be considered as a source of European Union law. Besides, the duty of loyalty implies the need to ensure the effectiveness of EU law obligations in the exercise of the Member States’ retained competence. It results from the recent case law of the Court of Justice that Member States have the obligation to eliminate not only established, but also hypothetical incompatibilities between common rules and their prior international commitments (Art. 351(2) TFEU, ex Art. 307(2)EC). Furthermore, the duty of loyalty implies an obligation for the Member States to facilitate the exercise of the Union competence. It is the basis of their obligation to refrain from adopting a unilateral position and, in some cases, to act in the interest of the Union. Finally, the duty of loyalty, through the duty of close cooperation, contributes to the fulfillment of the requirement of unity of the external representation of the European Union and its Member States.
What are we to make of the citizens initiative?
Authors: Dougan Michael
Published: March 2022

The citizens' initiative is a novel instrument for direct democratic participation in the functioning of the European Union which was introduced by the Treaty of Lisbon and given effect through the adoption of Regulation 211/2011.  This article examines the background, context and content of the Citizens' Initiative, before turning to consider two main sets of legal issues: who precisely a citizens' initiative may claim to represent; and what a citizens' initiative may realistically seek to achieve.  It is argued that (on paper at least) the Treaties and Regulation 211/2011 have together created a relatively weak instrument: one which is likely to be activated only by organised civil society; and in any event appears heavily dependent upon mediation through the Union institutions.  But whatever its fate as a tool of participatory democracy, the citizens' initiative engages in new and potentially fruitful ways with various broader issues of Union law: for example, the prospects for building a truly borderless Union citizenship; the place of third country nationals within the political dimension to European integration; and the complex task of interpreting and reconciling the Union's core values and objectives.
A responsible lender? The European Investment Banks environmental, social and human rights accountability
Authors: Hachez Nicolas , Wouters Jan
Published: March 2022

This article examines the principles of accountability applied by the European Investment Bank in comparison with the practices of other Multilateral Lending Institutions. After a brief description of the EIB and its activities, the substantive and procedural principles governing the EIB's external accountability are reviewed. The substantive accountability principles considered are the applicable rules of the EU legal order and the voluntary human rights, social and environmental principles and standards which the EIB has identified for itself and committed to follow throughout its operations. The article evaluates the extent to which these norms form a credible normative framework against which the EIB's lending practices can be appraised. From a procedural accountability point of view, the article assesses the transparency and participation policies of the EIB, as well as the mechanisms offered to external stakeholders to seek redress from the EIB in case they are wronged by one of its decisions. The redress mechanisms analysed are the recent EIB's Complaints Office, the European Ombudsman and the Court of Justice. We conclude that the EIB should take more advantage of its being subjected to the EU human rights, social and environmental rules and of the EU judicial apparatus in order to upgrade its substantive and procedural accountability towards external stakeholders.
New Categories of Acts after the Lisbon Reform: Dynamics of Parliamentarization in EU Law
Authors: Bast Jürgen
Published: March 2022

The Lisbon Treaty has introduced new categories of acts that cut across the familiar typology of instruments provided for in Article 288 TFEU. The three main innovations are "legislative acts", "regulatory acts" and "delegated acts". The article critically analyses these legal concepts in the light of the institutional practice recently developed under the EU Treaties. It includes the first generation of "special" legislative acts adopted by the Council, the landmark rulings of the General Court in Inuit and Microban, the Comitology Regulation of February 2011 and the "Common Understanding on delegated acts" concluded in March 2011. The theme common to the three studies is the progressive parliamentarization of the Union. The Lisbon Treaty's re-arrangements in the system of legal acts are part of the difficult process of reworking the EU's constitutional settlement in view of a powerful European Parliament and the demand to translate this new political reality into the operations of the legal order. For instance, Parliament's persistent objection to the previous regime of supervising the Commission's law-making powers through a system of committees was the driving force behind the new rules of Articles 290 and 291 TFEU. In the case of "regulatory acts", however, the parliamentarization of the Union has provoked a dysfunctional spillover into EU procedural law.
National power games and structural failures in the European macroeconomic governance
Authors: Adamski Dariusz
Published: March 2022

The unfolding of the euro area crisis has revealed fundamental political, economic and legal shortcomings of the macroeconomic governance in the Union. This contribution first demonstrates that the original legal architecture of the EMU has proven conducive to accelerating imbalances produced by the political and economic dynamics of the euro. It then describes how the legal underpinnings of the EMU fell victim of the accelerating crisis and proceeds to discuss the legal countermeasures recently agreed at the EU level, from rescue funds to the six-pack reform and the Treaty on Stability, Coordination and Governance. The article argues that all those measures essentially follow the same intergovernmental governance paradigm which had previously proven entirely inefficient. The euro area falters, because it is - just as is the macroeconomic picture - not a real community, but an aggregate outcome of national policies exposed to substantially destabilizing forces of the monetary union. The text wraps up with a conclusion that only when the governance paradigm is entirely overhauled may the crisis be contained.
Yellow card, but no foul: The role of the national parliaments under the subsidiarity protocol and the Commission proposal for an EU regulation on the right to strike
Authors: Granat Katarzyna , Fabbrini Federico
Published: March 2022

The article analyses the role of the national Parliaments under the Subsidiarity Protocol, taking the recent Commission proposal for a regulation on the exercise of the right to strike and the reaction of national Parliaments as a case study. In this case, for the first time since the entry into force of the Lisbon Treaty, national Parliaments activated the "yellow card" procedure set up by Protocol No. 2 to ensure compliance by the EU institutions with the principle of subsidiarity. The article claims, however, that the Commission proposal was sanctioned with a "yellow card" without having committed any foul. The article analyses the role of national Parliaments under the Subsidiarity Protocol and - on the basis of textual, structural and functional reasons - advances the argument that the review of national Parliaments should focus exclusively on violations of the principle of subsidiarity and should not extend to the evaluation of the proportionality, legal basis or political merits of a draft EU legislative proposal. The article then outlines the context and the content of the Commission proposal and examines the reasoned opinions of the national Parliaments against the draft regulation. By testing the previously developed framework, the article explains that in the present case national Parliaments have gone beyond their role, failing to identify any subsidiarity violation in the draft regulation. The article concludes by maintaining that the Commission proposal, in fact, was compatible with the principle of subsidiarity and suggests that the draft regulation may have been the most appropriate tool to strike a new balance between free movement and social rights in the EU. Because of the decision of the Commission to withdraw its proposal, nevertheless, the article warns that the Commission may have inadvertently encouraged a misuse of the subsidiarity review by the national Parliaments with potentially negative effects on the delicate balance of powers between the States and the EU.
My brothers keeper? Horizontal solange: An ever closer distrust among the peoples of Europe
Authors: Canor Iris
Published: March 2022

It is suggested in this paper that the Court of Justice has made a modest, although by no means a trivial, move towards becoming the Constitutional Court of Europe, particularly in the N.S. case, where it rejected the Union's guiding rule of automatic reliance on the principle of mutual confidence. The paper proposes that this represents a test, labelledthe "horizontal Solange" test and which is composed of two tiers. The first, substantive, tier forms the Solange component. Cooperation between Member States will be maintained as long as all the Member States systematically adhere to core European fundamental rights. If the evidence shows that a systemic violation of core European fundamental rights took place in a Member State, other Member States should suspend their cooperation. The second, institutional, tier forms the "horizontal" component. The national courts are entrusted with the task of reviewing whether the other Member States abide by the European standard of protection of fundamental rights.The exact substantive contours of the test are examined alongside the test's possible implications for related fields of law of the European legal order. The test also allows the ECJ to interweave the different European fundamental rights systems into a fully integrated judicial dialogical network, and to steer the exact direction in which European legislation should advance.
A giant leap for European Human Rights? The Final Agreement on the European Unions accession to the European Convention on Human Rights
Authors: Gragl Paul
Published: March 2022

After the EU's accession to the ECHR has been discussed for more than thirty years, an Accession Agreement has been finalized in 2013. By subjecting EU law to the supervision of the ECtHR and by enabling individuals to submit complaints against the EU institutions to Strasbourg, one of the last gaps in European human rights protection will be overcome. But accession may not take place as swiftly as some may hope for, as many legal problems remain unsolved. This article examines the most urgent legal issues in the context of accession, such as its scope and legal effects; its procedural aspects (the co-respondent mechanism, inter-Party cases, and the prior involvement procedure) and their relation to the Union's legal autonomy; and the institutional interlacing of the EU and the Council of Europe and the former's future involvement in the Parliamentary Assembly and in the Committee of Ministers.
Data protection and the legitimate interest of data controllers: Much ado about nothing or the winter of rights?
Authors: Ferretti Federico
Published: March 2022

EU data protection law is in a process of reform to meet the challenges of the modern economy and rapid technological developments. This study analyses the legitimate interest of data controllers as a legal basis for processing personal data under both the current data protection legislation and its proposed reform. The relevant provision expands the scope of lawful processing, but is formulated ambiguously, creating legal uncertainty and loopholes in the law. The new proposed regime does not resolve the problem. Taking a "rights" perspective, the paper aims to show that the provision should be narrowly interpreted in light of the ECJ case law, and to give effect to the Charter of Fundamental Rights; a rephrasing of the norm is desirable. The provision on the legitimate interest of data controllers weakens the legal protection of data subjects.
Multilevel judicial protection in the EU and preliminary references
Authors: Lacchi Clelia
Published: March 2022

The article offers a threefold perspective on preliminary references to the ECJ, through an analysis of the case law of the ECJ itself, of (some) constitutional courts and of the ECtHR. Although in the latter two cases, a close connection is made between preliminary references and the right to effective judicial protection, in the EU legal order they are conceived as a “dialogue between judges”. The article looks at their role in light of recent case law concerning this procedure as well as Article 47 of the Charter and Article 19(1)(2) TEU. It aims to identify whether and to what extent preliminary references may be covered by the right to effective judicial protection under EU law. It argues that the preliminary reference procedure may be linked more closely to individuals’ rights if analysed in light of Article 47 of the Charter. Accordingly, some proposals for a more “protection-oriented” system are presented.
Private autonomy at Union level: On Article 16 CFREU and free movement rights
Authors: Babayev Rufat
Published: March 2022

The article explores the potential role and significance of the freedom to conduct a business under Article 16 of the Charter of Fundamental Rights of the European Union (CFREU) in developing a principled approach towards the protection of private (economic) autonomy at Union level. This is an issue of particular concern given the uncertainty pertaining to the actual extent of the horizontal direct effect attributed to free movement rights and the lack of consistency in the approach giving effect to the notion of individual economic freedom in this regard. The article, therefore, aims to draw the contours of private (economic) autonomy at Union level by contrasting Article 16 of the Charter with free movement rights and considering their interplay from both conceptual and functional perspectives.
The EU Courts as national courts: National law in the EU judicial process
Authors: Prek Miro , Lefèvre Silvère
Published: March 2022

This article examines the situations in which the laws of the Member States are relevant before the European courts. The presence of national law in the EU judicial process raises a series of questions linked to its legal status. In order to assess whether the current answers to such questions are appropriate, the article underlines that national law fulfils a variety of functions in the EU judicial process, ranging from the role of a question of law, when it constitutes the rule applied by the EU Courts, to the role of a question of fact when its compatibility with EU law is at stake. It is then observed that while it is appropriate that national law be accorded the legal status of a question of fact in circumstances in which it serves such a function, its legal status should be closer to the one of a question of law whenever it constitutes the rule that the EU Courts apply.
Mutual trust and rights in EU criminal and asylum law: Three phases of evolution and the uncharted territory beyond blind trust
Authors: Xanthopoulou Ermioni
Published: March 2022

This article examines the evolving relationship of mutual trust and fundamental rights in the Area of Freedom, Security and Justice. The ECJ has long prioritized the effectiveness of instruments based on mutual trust through an unimpeded system of mutual recognition. Arguments based on a violation of fundamental rights were taken to contradict the presumption of compliance, refute mutual trust, and hinder automatic mutual recognition. The ECJ has now accepted, both in criminal and asylum law, that the presumption of compliance is not conclusive and mutual trust is not blind. The article observes an emergent, but carefully controlled dynamic of rights-based assessment through case-by-case analysis, illustrating three phases of mutual trust, but argues that this dynamic is slow, unclear and inadequate. It suggests that national authorities should take a proactive role, promoting real and constructive relationships of trust, allowing an individual assessment of rights violations via rights-based review. The latter is based on a proper understanding of trust, as an evolving concept based on evidence. Respect for rights, terminological clarity, enhanced judicial communication, and acknowledgment of shared values are the way forward.
An undivided Union? Differentiated integration in post-Brexit times
Authors: De Witte Bruno
Published: March 2022

After the British referendum of June 2016, the other 27 States of the EU sought to make common cause and affirmed the “undivided and indivisible” nature of the Union. At the same time, many leading political actors (foremost the French president Macron) and EU institutions stressed the need for greater differentiation of rights and obligations among the Member States in the future EU of 27 States. One of the plausible scenarios for the EU’s future, according to the Commission, is: “those who want more do more”. This article maps the recent surge of interest in pursuing new projects of differentiated integration, and discusses their legal and political feasibility in light of the characteristics of the main forms of differentiated integration currently offered by the European Treaties.
Storming the Bastille: Detention conditions, the right to liberty and the case for approximation in EU law
Authors: Mancano Leandro
Published: March 2022

In recent years, detention conditions in the EU have come in the spotlight as an issue of extreme relevance. Concerns about appalling standards of living in places of deprivation of liberty have emerged transversally in the area of freedom, security and justice (AFSJ). The risk that poor detention conditions result in inhumane or degrading treatment – prohibited by Article 4 of the EU Charter of Fundamental Rights (CFREU) – has served to limit the operation of secondary EU law. This has occurred in the framework of forced movement of persons as between Member States, and has mainly called into question the level of protection ensured in the State where the person will be transferred. This may hold true for both asylum law and mutual recognition in criminal matters. While the broader debate on detention conditions has hitherto focused on Article 4, the impact on the right to liberty under Article 6 CFREU has been underexplored. This paper submits that detention conditions must be studied from the perspective of the right to liberty, and makes the case for approximation of detention conditions at EU law level.
Struggling with Article 101(3) TFEU: Diverging approaches of the Commission, EU Courts, and five Competition Authorities
Authors: Brook Or
Published: March 2022

The decentralized enforcement regime of EU competition law is based on the assumption that the obligation to apply the same Treaty provisions is sufficient to ensure a uniform administration of the law. This paper questions this assumption. Based on a systematic analysis of a large database of cases, it presents empirical evidence indicating that the Commission, EU courts and five national competition authorities have followed very different interpretations of the law when applying Article 101(3)TFEU. The paper uses the debate over the types of benefit that can be examined under Article 101(3) TFEU as an illustrative example of the struggle between the different competition authorities in shaping the future of EU competition policy.
Administrative Discretion, Power Of AppraisalAnd Margin Of Appraisal In Judicial Review Proceedings Before The General Court
Authors: Prek Miro , Lefèvre Silvère
Published: March 2022

This contribution focuses on the discretion enjoyed by the EU administration when it implements EU law as well as the intensity of review of that discretion by the General Court. It is argued that “administrative discretion” should not be treated as a homogeneous concept, since different forms of discretion exist which do not call for the same level of judicial scrutiny. A distinction could be drawn between, on the one hand, the “discretion proper” or “power of appraisal” conferred on the administration by the Treaty or the legislature and, on the other hand, the “technical discretion” or “margin of appraisal” that merely results from judicial self-restraint in view of the complexity of the assessments carried out by the administration. While the General Court is bound to respect the former under the principle of separation of powers, in relation to the latter it should be open to the General Court to increase the intensity of its review when it considers this necessary and is in a position to do so.
How much effectiveness for the EU Damages Directive? Contractual clauses and antitrust damages actions
Authors: Nowag Julian , Tarkkila Liisa
Published: March 2022

The Damages Directive is celebrated as a milestone for private enforcement of EU competition law; it harmonizes national procedural laws and aims to facilitate full compensation for damages resulting from competition law violations. Businesses frequently use contractual clauses that might present obstacles in obtaining compensation. Recent examples include a US case against Uber which was inadmissible because of clauses in the app’s terms and conditions; and clauses included in Ryanair’s terms and conditions. This paper explores the extent to which clauses on jurisdiction, mandatory arbitration, and those preventing participation in class actions endanger the Directive’s effectiveness. It shows that, in contrast to consumer situations, such dangers do exist in commercial cases. It suggests a balancing exercise between party autonomy and full effectiveness of victims’ rights. The principle of effectiveness provides some protection, but these dangers to the development of a strong private enforcement are likely to remain in the future and suggest renewed attention for private enforcement.
Acknowledging the centrality of the precautionary principle in judicial review of EU risk regulation: Why it matters
Authors: Leonelli Giulia Claudia
Published: March 2022

The precautionary principle lies at the heart of the institutional architecture of EU risk regulation; EU institutions are fully entitled to take the precautionary principle and its overarching tenets into due consideration when enacting risk management measures. This article analyses judicial review of EU risk regulation, focusing on cases where EU acts have been challenged for being too restrictive. It enquires to what extent the CJEU’s application of different standards may safeguard precautionary measures and do justice to the key role of the precautionary principle. It identifies two problematic aspects in the case law: the increasing focus on (mere) administrative discretion and application of the “all relevant factors” test in direct actions for annulment, and the analysis of the precautionary principle under the umbrella of proportionality review in preliminary rulings. Against the background of this analysis, the article puts forward two arguments and advocates a clearer and fuller acknowledgment of the role of the precautionary principle in the Court’s case law.
Between the devil and the deep blue sea: Vulnerable EU citizens cast adrift in the UK post-Brexit
Authors: O’brien Charlotte
Published: March 2022

Both the UK Government and the EU negotiating team have let down vast numbers of EU citizens in the UK. The creation of continuing EU responsibilities in a newly ex-Member State, for EU citizens who exercised their EU free movement rights before withdrawal, is an unprecedented challenge. This piece explores four growing threats to their rights. (1) The conditions laid down in Directive 2004/38 loom large in the Withdrawal Agreement, disproportionately disentitling women and children from a right to stay in their homes. (2) The Withdrawal Agreement contains a dramatic departure from standard practice in EU law, allowing the UK and Member States to make registration constitutive, not declaratory, of the right to stay. It will transform thousands into unauthorized migrants overnight. (3) The UK’s new EU Settled Status is fraught with risks of administrative injustice, which affect the vulnerable most. (4) The UK’s attempt to separate welfare rights from “pre-settled status” forces wide-reaching questions about the clout of Article 18 TFEU. In short, vulnerable EU citizens emerge in this process not so much as bargaining chips but as collateral damage, with the UK government displaying a considerable appetite for, and the EU tolerating, a real risk of large-scale disentitlement.
The European Union’s COVID-19 recovery plan: The legal engineering of an economic policy shift
Authors: De Witte Bruno
Published: March 2022

The article presents a legal analysis of the EU’s COVID-19 recovery plan, adopted to deal with the economic consequences of the COVID pandemic. The plan was proposed by the European Commission in May 2020 under the name “Next Generation EU”, was adopted in the final weeks of 2020 and will be implemented from mid-2021. After briefly presenting the sequence of events leading to the adoption of the recovery plan and the political context at the outset of the pandemic, the article examines the main legal issues raised by the NGEU programme. The adoption of the recovery plan was not only a politically bold move but also a case of creative legal engineering. Its architects had to deal with a number of central issues of EU institutional law, including the principle of conferral and the choice of the appropriate legal basis, the constraints imposed by the EU’s public finance system, the respect of the institutional balance, and the shaping of a governance mechanism for the plan’s implementation.
Analysis of the Requirements of Modernization of China's Social Governance System
Authors: Yan Yuqiao
Published: March 2022

With the development of the Internet, the social governance model is changing from one-way management to two-way interaction, from offline to online-offline integration, and from simple government supervision to paying more attention to social collaborative governance, which requires the construction of a new pattern of grassroots social governance. Improve the institutionalized channels of mass participation in grass-roots social governance. We will improve the urban and rural grass-roots governance system that combines autonomy, rule of law and rule of virtue under the leadership of party organizations, improve the community management and service mechanism, implement grid management and service, give play to the role of mass organizations and social organizations, give play to the self-discipline function of trade associations and chambers of commerce, realize the benign interaction between government governance and social regulation, and residents' autonomy, and consolidate the foundation of grass-roots social governance. Accelerate the modernization of urban social governance. Promote social governance and service focus to the grassroots level, sink more resources to the grassroots level, and better provide accurate and refined services. Specifically, the requirements for the construction of governance system can be analyzed into four requirements: intelligent governance, participatory governance, municipal governance and media governance.
Exploration on the Path of Cultivating Characteristic Talents in the University of Traditional Chinese Medicine
Authors: Zhang Xianyi , Zhao Ruoxi , Ji Yuqian
Published: March 2022

This paper analyzes and explores the path of cultivating characteristic talents in Shandong University of Chinese Medicine, taking Shandong University of Chinese Medicine as an example, analyzes the current development status of Chinese medicine colleges and universities, and studies the specific methods of Chinese medicine characteristic talents. Curriculum setting, clinical practice and other aspects are explored, with the intention of putting forward experience and suggestions for the education reform of national Chinese medicine universities through the development experience of Shandong University of Traditional Chinese Medicine.
Diyarbakır İlinin Dicle İlçesinde Yetişen Yerel Nar (Punica granatum L.) Çeşitlerinin Fiziko-Kimyasal Karakterizasyonu
Authors: ŞİMŞEK Mikdat , ETİK Recep
Published: March 2022

Bu çalışmada, standart nar çeşidi (Hicaznar) ve yerel nar çeşitlerine (Ağa narı, Mayhoş, Tatlı nar, Hınara tırş, Miğoş, Hınara şirin, K. Mayhoş, Bori ve Şekerek) ait meyvelerin fiziko-kimyasal özellikleri belirlenmiştir. Araştırmada, değerlendirilen çeşitlerin meyve ağırlığı 104.11- 501.67 g, meyve boyu 53.24-88.98 mm, meyve çapı 59.36-101.49 mm, şekil indeksi 0.86-0.97, meyve hacmi 93.33-485,00 cm3, meyve suyu miktarı 34.90-90.90 ml, meyve yoğunluğu 0.88-1.12 g/ cm3, dane ağırlığı 70.09-336.17 g ve 100 dane ağırlığı 19.77-35.07 g arasında değişmiştir. Toplam çözünebilir kuru madde miktarı (SÇKM) %13.73-15.93, pH 3.23-4.68 ve toplam asitlik %0.21-1.20 arasında değişmiştir. Ayrıca, kabuk alt zemin rengi, kabuk üst zemin rengi, kabuk kalınlığı, çekirdek sertliği, meyve tadı, alt ve üst odacık sayısı ve kabukta çatlama durumları belirlenmiştir.
Development Of Solar Power Based Net-Metering System For Domestic Prosumers
Authors: Hosen Md Imran , Islam Sohidul , Mia Md Ajhar , Amin Al-
Published: March 2022

With the increase of human population of the world and the rapid growth of the global economic, the demand of the energy resources especially electricity faced a tremendous increase. Countries across the globe are looking for some alternative sources of energy to cope up the depletion of fossil fuels. These alternative sources also help in minimizing the impact of climate change. Power generation through renewable sources like rooftop solar is considered as the best alternative. Solar has some drawbacks. Net-Metering is the solution for solving those drawbacks. Net metering is a policy by the virtue of which unconsumed energy is fed into the distribution network and is utilized by the nearby consumers, connected to the same distribution network. This paper, focuses on Grid connected solar photovoltaic electric system. The paper aims at modelling high performance Three Phase Single Stage Grid Connected Inverter and Bi-Directional energy meter. So as to achieve maximum output from the photovoltaic array, MPPT Tracking is connected. The conversion from DC output of photovoltaic array is done to AC so that it is fed into the grid, a IGBT based inverter is used which converts from DC to AC power and a Bi-Directional energy meter designed to measure the net energy. The Simulation model is developed in MATLAB Simulink and Proteus and the results are presented in the paper.
Spirituality as an intervention in Old Age home: Literature Review
Authors: Choudhary Priya , Sharma Hariom , sharma Kashish
Published: March 2022

The interest in the study of the spirituality as an intervention and self-control technique to cope with the stress and later life challenges is growing. When the old aged people live in OldAge home, challenges increase. To gain in-depth understanding of spirituality as an intervention more reviewsofthescientificliteratureisrequiredtoexplorethisareaofresearch.Acomputerassisted systematic search was conducted in Google Scholar and PUBMED. It was discussed that spirituality has become the powerful tool to get rid of loneliness, good mental health and all the obstacles which persons face in the last phase of their lives. There is need of more measures to incorporate spiritual practice in the OldAge home. Presently, it is ignored area which needs to be attended, especially, for older persons living in the OldAge home and who is suffering with cognitivedecline
De foetus of het toekomstige kind?
Authors: Dondorp W.J. , de Wert G.M.W.R.
Published: March 2022

De foetus of het toekomstige kind? De rechtvaardiging van prenatale kinderbescherming vraagt om conceptuele helderheid

De afgelopen decennia is een rechtspraktijk ontstaan waarin al vóór de geboorte kinderbeschermingsmaatregelen kunnen worden opgelegd. Maar wat of wie is het voorwerp van die bescherming: de foetus of het toekomstige kind? Deze conceptuele onhelderheid ondermijnt de rechtvaardiging van die maatregelen, met mogelijke gevolgen voor de rechtspositie van zwangere vrouwen.
Appelleren is riskeren, maar bij het Centraal Tuchtcollege voor de Gezondheidszorg kun je het misschien proberen
Authors: Venderink W. , Bollen J. , Morsink M.E.B.
Published: March 2022

Appelleren is riskeren, maar bij het Centraal Tuchtcollege voor de Gezondheidszorg kun je het misschien proberen. Jurisprudentieanalyse van tien jaar hoger beroep bij het CTG

Dit artikel beschrijft de analyse van de auteurs van de jurisprudentie van het Centraal Tuchtcollege voor de Gezondheidszorg (CTG) tussen 2011 en 2020. De auteurs beantwoorden vragen als: Hoe groot is de kans voor verschillende partijen op succes in hoger beroep? Zijn er belangrijke onderlinge verschillen tussen de Regionale Tuchtcolleges voor de Gezondheidszorg (RTG)? En: Wat zijn de reden voor het CTG om een maatregel te verhogen of te verlagen? Om dit te onderzoeken hebben we, aan de hand van de website tuchtrecht.overheid.nl, de jurisprudentie geanalyseerd van het CTG met uitspraakdatum vanaf 2011 tot en met 2020.