bluuebunny/crossref_metadata_2025 huggingface dataset:
I. The State Health Service in Ancient Greece
Authors: Woodhead A. G.
Published: July 2016

A State Health Service is not as new an institution as is generally supposed. It existed in the ancient world in Greek lands, and, perhaps in imitation, in the Roman West. While, of course, it cannot be said that the National Health Service of twentieth-century Britain was inspired by the practice of antiquity (which, indeed, was probably unknown to those who created it), the modern scheme constitutes a return to a view of the State which obtained in ancient times. The beneficent activity of the Church and then of privately supported hospitals mitigated the results of the disappearance of the ancient Welfare State. The evidence, scanty as it is, for the Health Service among the Greeks throws light on their attitude towards the proper function of the State as well as on their great appreciation of the skill and activity of the medical profession.
III. The Pipe Rolls and the Historians, 1600–1883
Authors: Stenton Lady
Published: July 2016

It is a remarkable fact that the only continuous series of records which has survived from the twelfth century, the Great Rolls of the Pipe, was not completely available in print with adequate indexes until the thirties of the twentieth century. The search for an explanation takes one back to the beginnings of English medieval scholarship in the early seventeenth century. The great antiquaries of that day had not conceived the idea of printing adequately indexed editions of the records they used, for the medieval past, when books were patiently transcribed by hand for circulation, was too near. When scholars met to discuss their work it was of making copies by hand and passing them from one to another that they talked. They were concerned that the notes sent to them should be on ‘paper of the same size for bignesse as the sender first did use’. To them in the seventeenth century, the past was a virgin field in which they had no forerunners; and they themselves aimed at writing history which should stand for ever.
V. Kashghar and the Politics of Central Asia, 1868–1878
Authors: Kiernan V. G.
Published: July 2016

Chinese Tartary or Turkestan, or what has been since 1884 the ‘New Province’ of Sinkiang, is an irregular thousand-mile long tract in the heart of Asia, shut in on three sides by mountains and on the east by vast deserts. That it should still be in China's possession today, after a century in which so many of her outlying dependencies were shorn away, is one of the facts of modern history that it would have been most rash to predict.
II. William III and the Emergence of a Mediterranean Naval Policy, 1692–4
Authors: Ehrman John
Published: July 2016

On 19 May 1692, the English and Dutch fleets decisively defeated the French fleet off Barfleur, and followed up their advantage the next day by destroying fifteen of its ships in the bay of La Hougue. Despite the comparatively small material losses, the battle marked, and was recognized as marking, the turning point in the war at sea. It removed in dramatic form the fear of invasion which had been present, and at times had seemed real, since the French had defeated the allies off Beachy Head in 1690, and offered in its place, and for the first time, the prospect of an offensive unhindered by a superior enemy fleet. The fruits of victory, however, soon turned sour, for its very completeness had set a problem which seemed insoluble. The logical sequence of Barfleur, as was recognized at the time, was a large-scale landing on the northern coast of France; but when this was tried in the summer of 1692 the attempt ended in a public fiasco, with the admirals arguing against the generals and the ministers arguing with both. The 14,000 troops who had been put aboard the transports had to be dispersed, and the only result of the campaign was to secure the dismissal of Admiral Edward Russell as commander-in-chief of the fleet and of his rival Nottingham as the Secretary of State in charge of naval affairs. At the end of the year the future success of large-scale combined operations seemed improbable; but with the French fleet unlikely to seek an encounter in 1693 there was no alternative employment for the English fleet.
I. British Secret Diplomacy from Canning to Grey
Authors: Temperley Harold
Published: July 2016

Secret diplomacy is inevitable in wartime. I once heard Lord Grey denounce “secret treaties and bombing from the air”, as its two most evil effects. But between 1815 and 1914 England was only engaged in a major war for three years, and thus secret diplomacy had seldom the excuse pleaded by Grey. How far then is it inevitable in peace time? A careful examination of England's methods during this century, which ended in democracy, leads to some remarkable conclusions. Canning and Palmerston were less secretive than Gladstone, and Salisbury was infinitely less secretive than Lansdowne and Grey. Indeed it seems to be actually the case that our diplomacy became more secret as our constitution became more democratic. The purpose of this paper is to gather up the hints and traces of secret diplomacy, scattered through nearly a century of official papers. For, if these conclusions are to be established, it can only be by surveying long periods and estimating tendencies through several generations of diplomats.
Economic and Monetary Union – A Model for Flexibility?
Authors: Usher John
Published: July 2016

With hindsight, the Maastricht Treaty introduced two different forms of flexibility or differentiated integration. The Social Protocol took the form of a permission by all the Member States to a group of Member States to use Community institutions and legislation, which can be seen as the precursor of the general provisions on “closer cooperation” in the Amsterdam Treaty. On the other hand, the provisions on Economic and Monetary Union provide for some Member States to receive opt-outs or derogations from binding Treaty obligations and thus provide the model for the new Title of the EC Treaty on visa, asylum and immigration introduced by the Amsterdam Treaty.
Opting In and Opting Out of Rules Concerning the Free Movement of Persons: Problems and Practical Arrangements
Authors: de Zwaan Jaap W.
Published: July 2016

The opt-ins and opt-outs, which appear at different places in the Amsterdam Treaty where the policy related to movement of persons is concerned, are the result of difficult negotiations concerning the future of the Third Pillar, which was introduced by the Treaty on European Union. More particularly, these arrangements are the result of the discussions on “communautarisation” and the integration of Schengen co-operation in the framework of the European Union. “Communautarisation” concerns the process of transferring substantive matters from the Third Pillar area to the First Pillar area. This process implies, as a result, that proper Community procedures become applicable in these new policy fields.
Balancing Culture and Competition: State Support for Film and Television in European Community Law
Authors: Smith Rachael Craufurd
Published: July 2016

Although the european Community Treaty does not contain a specific chapter or article dedicated to the audiovisual sector, European Community law has had a significant impact on the way in which Member States regulate their film and television industries. Given the commercial nature and international reach of many media goods and services this should not be surprising, but Community oversight has here been particularly controversial because of the importance ascribed to cultural and political considerations. This article examines how such considerations have been accommodated within the European Community legal system and the impact that Community law has had on domestic audiovisual policies in practice. It focuses on those measures introduced by states to support their domestic film and television industries and to ensure that domestic audiences have access to films and television programmes that are culturally relevant and meaningful.
Something Intangible to Hold on to—the Spectrum of Security over Receivables in England and Germany
Authors: Enchelmaier Stefan
Published: July 2016

This chapter considers two similar techniques for companies to give security to their creditors: the floating charge and the floating mortgage. These are widely used in England and Germany respectively. Central to both is the use of monetary claims obtained by companies against third parties in the course of their commercial activities. Such claims are variably known as ‘book debts’, ‘accounts receivable’ or ‘receivables’; here, these expressions will be used interchangeably. Before the legal incidents of these two types of security are set out and compared, the factual background of their operation is explained. The comparative analysis will then try to shed some light on questions that arise in connection with each form of security.
The New Substantive Test in the EC Merger Regulation—Bridging the Gap between Economics and Law?
Authors: Monti Giorgio
Published: July 2016

In the last 20 years, the application of EC competition law by the Commission has been increasingly informed by economics. However, whilst the Commission has operated an economically enlightened regime in the field of merger control as a whole, its policy on conglomerate mergers and ambiguity over the role of efficiencies have received adverse comment. Several defeats in the Court of First Instance suggested poor handling of economic evidence in the merger review process.
The EU’s Area of Freedom, Security and Justice: A Lack of Fundamental Rights, Mutual Trust and Democracy?
Authors: Douglas-Scott Sionaidh
Published: July 2016

The EU’s ‘Area of Freedom, Security and Justice’ is a hugely important area covering criminal law, terrorism, immigration, visa control and civil justice, as well as the massive area of free movement of persons. What is clear, however, is that measures which fall within its scope have the capacity to alienate EU citizens rather than making them feel aware of their European identity in a positive sense. This chapter examines some of the measures taken by the EU in this broad field which cause particular concern, namely a lack of democratic and legal accountability as well as inadequate regard to human rights. It focuses in particular on two areas in which human rights protection in the EU has been undermined. The first is in the field of data protection. The second is in the field of suspects’ rights, particularly in the context of the European arrest warrant. The chapter concludes by considering why so many restrictions on freedom have been allowed to come about and suggests some possible solutions.
The Role of Exploitation in Abuse under Article 82 EC
Authors: Akman Pinar
Published: July 2016

There is a distinction between exclusionary and exploitative abuse. An exploitative abuse directly harms customers whilst an exclusionary abuse may indirectly harm consumers. Whilst the EC Commission expresses the objective of Article 82 EC as enhancing consumer welfare, its review of the application of Article 82 EC and its 2008 Guidance on enforcement priorities is limited to exclusionary abuses and excludes consideration of exploitative abuses. This chapter argues that exploitation—direct harm to the customer—is a necessary element of an Article 82 EC infringement. However, mere exploitation does not demonstrate harm to competition and without the latter exploitation should not be prohibited by Article 82 EC. It thus advocates a fusion of the exclusionary and exploitative analysis.
The Rationale of State Aid Control: A Return to Orthodoxy
Authors: Biondi Andrea
Published: July 2016

The prevailing view on the rationale for State aid control is that it should be the same as, or very similar to, the rationale for competition control. It is certainly true that State aid distorts competition, as the economic definition presupposes. However, there is a subtle difference between the two, and we should return to orthodoxy in our analysis of these two concepts. The rational for State aid control is in fact to be found in the logic of the internal market principles. The tools to be used in analysing it are not identical to those used in the antitrust context. Rather, the free movement perspective should be adopted, and most problems in the arena of State aid can be better understood when approached from that perspective. It is also true that State aid procedures can be used to monitor compliance with free movement rules, and so the functional identity between the two sets of provisions is confirmed. State aid is a regulatory restriction on freedom of movement, and State aid control is an essential part of the functioning of the internal market, and so it makes sense to treat it in the same way as any other regulatory measure which has such an effect.
‘A Risk of Irreparable Damage’: Interim Measures in Proceedings before the European Court of Human Rights
Authors: McCormick Pamela
Published: July 2016

Interim measures can be indicated by most international decision-making bodies which monitor compliance with human rights norms to the parties involved in the proceedings before them, in order to prevent the commission of any irreversible actions which would either preclude the proper examination of a complaint or render the final judgment meaningless. The availability of interim measures is an essential feature of any effective judicial system, particularly where fundamental rights are at stake. They play a particularly important role in proceedings before the European Court of Human Rights (‘the Court’). The volume of requests for an indication of interim measures received by the Court each year is substantial and increasing. This presents the Court with a number of legal and practical problems. This chapter examines the circumstances in which an indication of interim measures may be made, as well as the consequences of non-compliance with such an indication, although it is acknowledged that the incidence of non-compliance is low. With its recent case law, the Court has brought the existence of interim measures to the attention of a wider audience, which is desirable as only such an awareness will render the protection of Convention rights practical and effective rather than theoretical and illusory, a stated goal of the Court. However, such a wider awareness will in turn increase the volume of requests again, making it likely that the Court will in years to come have to make significant changes to the scope of requests for interim measures, as well as to its practices and procedures for considering such requests.
Regulatory Acts within Article 263(4) TFEU–A Dissonant Extension of Locus Standi for Private Applicants
Authors: Werkmeister Christoph , Pötters Stephan , Traut Johannes
Published: July 2016

The Treaty of Lisbon introduced an extension of locus standi for private claimants by amending Article 263(4) TFEU. The provision contains a new third variant for actions against ‘regulatory acts which do not entail implementing measures’. However, it is far from clear to what extent the existing framework has actually been reformed. The CJEU has not yet had the opportunity to define the term ‘regulatory act’. In our view, this term has to be interpreted narrowly. It merely encompasses non-legislative acts enacted under Articles 290 and 291 TFEU. Those subordinate legal acts are characterised by a lack of democratic legitimacy, which justifies a lower threshold for judicial review. Hence, the possibilities for an action for annulment remain limited for private applicants. Effective remedies against legal acts of EU law are provided primarily by the courts of the Member States. The tentative reforms brought by the Treaty of Lisbon did not change the decentralised structure of the EU’s judicial system.
The Product Liability Directive and Rome II Article 5: ‘Full Harmonisation’ and the Conflict of Laws
Authors: Whittaker Simon
Published: July 2016

This article considers the possible relationship between EU legislation governing private international law and legislation governing substantive law in the light of recent moves towards ‘full harmonisation’ and calls for greater consistency and coherence in European law-making. For this purpose, it considers the Product Liability Directive and the special product liability provisions in Article 5 of the Rome II Regulation on the law applicable to non-contractual obligations and asks how the understanding of ‘product liability’ compares in these two instruments, especially in relation to the distinctions between public and private law, general and special regulation and contract and tort.
The EU and Environmental Multilateralism: The Case of Access and Benefit-Sharing and the Need for a Good-Faith Test
Authors: Morgera Elisa
Published: July 2016

This chapter discusses the need for a good-faith test for assessing the legitimacy of ongoing and future EU initiatives aimed at contributing to the development and implementation of international environmental law. A test that is based on the international legal principle of good faith may serve to better understand when the EU is effectively supporting environmental multilateralism to the benefit of the international community, rather than seeking to unduly influence it purely for its own advantage. The test is developed mostly on the basis of EU efforts of contributing to climate change multilateralism, and is applied to a much less studied case: the adoption and implementation of the Nagoya Protocol on Access to Genetic Resources and Benefit-sharing under the Convention on Biological Diversity.
How Has the EU Protected Depositors in the Financial Crisis?
Authors: Lenihan Niall J
Published: July 2016

This chapter addresses the question of how the EU has protected depositors in the financial crisis. The chapter will discuss (1) the impact in Europe of the US system for the protection of depositors, (2) the important changes made to the EU Deposit Guarantee Schemes Directive, first in 2009 in response to the 2007 deposit run on Northern Rock, and then again in 2014 in response to the financial crisis, (3) the decision of the EFTA Court regarding the scope of Iceland’s obligations under the EU Deposit Guarantee Schemes Directive, following the collapse of the Icelandic banking system in 2008, and (4) the introduction of a powerful depositor preference rule throughout the EU, in response to the resolution of the Cypriot banking system in 2013. This chapter argues that the EU has responded to the impact of the financial crisis on bank depositors by enhancing the legal protections available to depositors.
Taking Private Law Rights Seriously: Of Balancing and the Jurisprudence of the Court of Justice of the European Union
Authors: Niglia Leone
Published: July 2016

This chapter reviews conventional understandings of the CJEU private (consumer) law jurisprudence towards overcoming the tendency to read it as if judges were just mechanically applying the relevant legislative texts (textualism). It argues that the CJEU jurisprudence revolves around the employment of balancing modes of reasoning; that it is characterised by an unresolved tension between balancing decisions that optimise rights and balancing decisions that under-optimise rights; and that scholarship should exercise vigilance, with an eye on national constitutional realms, in relation to the judges’ balancing acts towards promoting awareness over the extent of rights’ optimisation, rather than clinging on textualist readings that blind us as to what is really happening in the courtrooms.
The Binding Force of Babel: The Enforcement of EC Law Unpublished in the Languages of the New Member States
Authors: Bobek Michal
Published: July 2016

On 1 may 2004, 10 new Member States joined the European Union. This meant inter alia that, save for the express derogations provided for in the Act of Accession, the entire mass of Community secondary legislation became binding in the new Member States. This principle of the immediate effects of Community law in the new Member States was provided for in Article 2 AA:

From the date of Accession, the provisions of the original Treaties and the acts adopted by the institutions and the European Central Bank before Accession shall be binding on the new Member States and shall apply in those States under the conditions laid down in those Treaties and in this Act.
Europol as the Director and Coordinator of the Joint Investigation Teams
Authors: de Lima José Antonio Farah Lopes
Published: July 2016

One of the most serious problems troubling the European Union is the evolution of cross-border crimes and, in particular, international terrorism and organised crime. National law enforcement authorities cannot fight cross-border crimes efficiently if their efforts are made solely on a national level. Since the early 1990s, the (European) political authorities have become increasingly aware of this problem and have taken steps to facilitate the participation of the law enforcement and other relevant personnel from other state(s) in investigating offences. This has resulted in the adoption of a vast number of documents and new instruments (eg the European Arrest Warrant), and the creation of new agencies within the European Union, the aim of which is to facilitate cross-border activities to fight cross-border crimes.
Disagreement—Commonality—Autonomy: EU Fundamental Rights in the Internal Market
Authors: Augenstein Daniel
Published: July 2016

The contribution explores the implications of disagreements about rights in the ‘multi-layered’ European polity for the autonomy of EU fundamental rights law. It argues that insomuch as the EU’s weak claim to supra-national political authority is corroborated by a strong case for economic integration, the internal market operates not simply as a constraining factor in the effective realisation of fundamental rights, but provides the very foundation of their autonomous interpretation in the EU legal order. Sections II and III elaborate upon the relationship between conflicts of authority in the European legal space and the autonomous interpretation of EU fundamental rights law under conditions of political disagreement. Section IV links the argument to the often-alleged instrumentalisation of EU fundamental rights in the service of the market. Sections V and VI substantiate the guiding contention of the contribution—that the autonomy of EU fundamental rights law is rooted in the unity of the market—with an analysis of pertinent case law. The concluding section suggests that the transformation of the EU into a ‘genuine’ human rights polity must proceed through a politicisation of the market by virtue of fundamental rights law.
The Proposed Data Protection Regulation: The Illusion of Harmonisation, the Private/Public Sector Divide and the Bureaucratic Apparatus
Authors: Blume Peter , Svanberg Christian Wiese
Published: July 2016

The proposal for a new General Data Protection Regulation has been billed as a harbinger of increased harmonisation, better enforcement and modernised rules within the area of data protection law. Through an analysis of several central elements in the draft Regulation—and European data protection law in general—as well as an assessment of the practical implications the proposal is likely to have if adopted, this chapter challenges whether the proposal will be able to deliver the harmonised rules that have been promised. It focuses particularly on the proposed regulations scope of application, its legal architecture, the use of discretionary provisions and related issues.

It is argued that the proposal not only fails to address the root causes of why the current data protection directive (Directive 95/46) failed to bring about harmonisation and effective rules, but also looks set to transplant them into the new regulation.
Kadi and the Role of the Court of Justice of the European Union in the International Legal Order
Authors: Fikfak Veronika
Published: July 2016

This chapter investigates the role of the Court of Justice of the European Union (CJEU) in the international legal order in light of its decision inKadiand the forthcomingKadi II. It focuses on establishing how the Court perceives its relationship with the UN Security Council and its position in the international legal order. The CJEU’s approach is analysed by identifying the characteristics of review adopted by it as a ‘constitutional court of a municipal legal order’. In this context, the chapter reveals how the CJEU’s review resembles that employed by domestic courts seeking to give force to the same or similar actions of international institutions and shows which motives may have led the CJEU to follow the practice of national courts in constructing its relationship with the international organs. This practice is contrasted with Advocate General Bot’s desire to depart from the image of an all-powerful but isolated CJEU, a court ignorant of other legal orders. Bot insists that what the CJEU ought to do inKadi IIis adopt both a more modest, deferential role in reviewing international sanctions and a rather more active role as a participant in the international legal order.
The Law and Political Objectives of the European Neighbourhood Policy in the East: A Difficult Marriage or Singing in Unison?
Authors: Ghazaryan Nariné
Published: July 2016

The European Neighbourhood Policy (ENP) is inherently political in nature. The rationalistic considerations underpinning its launch and subsequent elaboration have necessarily influenced the choice of the legal framework. At the same time, the rules regulating the conduct of EU foreign policy had a reciprocal impact on policy choices made. The legislative and political developments following the ratification of the Lisbon Treaty and the regional split in the policy arguably injected new dynamics into the interaction between the political and legal aspects of the ENP.

The chapter traces the relationship between the political objectives and the legal framework of the ENP through three phases of its existence, with a focus on the eastern neighbourhood, comprising Belarus, Ukraine, Moldova and the South Caucasus, as the addressee of the exclusionary rationale of the policy. First, the formulation and the elaboration of the initiative is revisited as the first phase of the existence of the policy. The second phase concerns the ‘Eastern Partnership’ initiative established as a result of the regional split within the policy. The third phase refers to the law and political objectives of the ENP as translated into Article 8 TEU.
Caveat Emptor? Integrating the Schengen Acquis into the European Union Legal Order
Authors: Peers Steve
Published: July 2016

It must be considered that there is nothing more difficult to carry out, nor more doubtful of success, nor more dangerous to handle, than to initiate a new order of things. Niccolò Machiavelli, The Prince

It was born, with much rejoicing, at a party near a quiet Luxembourg village; it died, alone and unlamented, on a desk in a non-descript Brussels office. On May 1, 1999, the fourteen-year old Schengen legal order finally breathed its last; but nothing quite became its life as the ending of it. For it was immediately reincarnated, with much confusion, into a legal system born in Rome over forty years ago. Long a byword for obsessive secrecy, unaccountability and complexity, the Schengen legal system has with one stroke moved from the “black market” of European integration into the mainstream.
EU Citizens’ Right to Know: The Improbable Adoption of a European Freedom of Information Act
Authors: Öberg Ulf
Published: July 2016

There is without doubt a radical difference between the culture of open government in Sweden and the until recently prevailing culture of secrecy in Britain and within the European Union. From a classic British sceptic’s perspective, “public access to official documents is deemed unnecessary, since British democracy has functioned for so long without it”. The British “have always relied heavily, although not always successfully, on the concept of ‘ministerial responsibility’ to Parliament in order to secure public trust in government”. The mainstream of eighteenth-century British political thought held that the nation’s political well-being required the foundation of an informed gentleman citizenry. By the middle decades of the eighteenth-century, the movement away from the idea of a citizenry composed exclusively of gentlemen was firmly established on both sides of the Atlantic. It became increasingly acknowledged that men of the “meaner sort” should have the right to hold opinions on public affairs and ought to be allowed to protest against governments and laws they deemed improper.
Will the Sparks Fly? The Role of the European Union in the Liberalisation of the Electricity Industry
Authors: Johnston Angus
Published: July 2016

The impact of the increasing liberalisation of the energy sector in general and electricity supply in particular is hard to deny. Yet just a few short years ago, such developments were almost unthinkable. A complex combination of factors has led to an increasingly favourable political and economic climate for market opening and competition. However, the benefits of these developments remain distinctly unevenly spread throughout Europe, while the potential difficulties that an unchecked liberalisation process can cause are slowly coming to the fore. The challenge faced by the European Union in this sector is to promote these developments while remaining alive to their potential social and environmental consequences.
The EC and WTO Trade and Environment Case Law: Procedural Aspects, Legal Principles and Institutional Matters
Authors: Notaro Nicola
Published: July 2016

Hundreds of studies have been conducted by lawyers, economists and political scientists on international trade and environment, yet very few attempts have been made to compare judicial decisions adopted in this area by the European Court of Justice, its Court of First Instance, and GATT/WTO rulings on trade and environment. Most of the existing publications are either limited in scope, because they only focus on a comparison of two cases at any one time, or are outdated, especially in the light of innovative European and Appellate Body jurisprudence of the last few years. Here, a comparison of the main trade and environment themes traversing the two bodies of case-law, including procedural issues, will be undertaken. This will cast light on the means by which the current tension between trade and environment might be resolved. Account will be taken of the different “constitutional” positions of judicial bodies in the two legal orders, the role played by the presence (or absence) of the legislator, and its influence on reasoning in judicial decisions.
Flexibility—The Experience So Far
Authors: Usher John A.
Published: July 2016

The choice of the word “flexibility” in the title of this paper rather than the term “closer co-operation” introduced by the Treaty of Amsterdam is not accidental: since the general Amsterdam provisions on closer co-operation have not so far been used, a paper on the experience of those provisions since their entry into force would be very short—even if they have given rise to an extensive literature. It should nevertheless be remembered that under the terms of the Amsterdam Treaty itself there are situations where those provisions are deemed to have been used: under Article 1 of the Protocol Integrating the Schengen acquis into the Framework of the European Union, Belgium, Denmark, Germany, Greece, Spain, France, Italy, Luxembourg, the Netherlands, Austria, Portugal, Finland and Sweden, as signatories to the Schengen agreements, are “authorised to establish closer co-operation among themselves” within the scope of those agreements and related provisions; furthermore, under Article 5 of that Protocol, where either Ireland or the United Kingdom or both have not notified the President of the Council in writing within a reasonable period that they wish to take part,

“the authorisation referred to in Article 11 of the Treaty establishing the European Community or Article 40 of the Treaty on European Union shall be deemed to have been granted to the Member States referred to in Article 1 and to Ireland or the United Kingdom where either of them wishes to take part in the areas of co-operation in question”.
Harmonisation and Cooperation within the Third Pillar—Built in Risks
Authors: Asp Petter
Published: July 2016

During the past nine years, co-operation in criminal matters within the European Union has developed in a rather fascinating way. Before the Maastricht Treaty, which entered into force in 1993, there was not much co-operation in this area at all.

During the time before Maastricht, the focus was on the creation of the internal market, on the rules on competition etc. and criminal law did not fall within the scope of the Treaties. Thus, although Community law had (and has) some implications for national criminal law and despite the fact that some conventions were agreed upon within the European Political Co-operation one cannot really say that criminal law questions were formally on the agenda before Maastricht.
A Policy of Bits and Pieces? The Common Commercial Policy After Nice
Authors: Cremona Marise
Published: July 2016

It is of course by no means certain that the Treaty of Nice will be ratified and that we will face the most radical revision to the EC Treaty provisions on the Common Commercial Policy (CCP) since its inception in 1957. Unlike most other proposed changes, however, this revision was foreshadowed in substance if not in detail by the Treaty of Amsterdam, which by adding a new paragraph 5 to the existing Article 133, allowed for the possibility of the extension of the CCP by Council decision. This aspect of the Treaty of Nice is particularly worth discussing, even in the absence of certainty as to its coming into force, both because some alterations to the CCP would be possible even under the existing regime, and because the issues raised by the Nice amendment are extremely pertinent to any such development. Discussion of the implications of the choices made at Nice are instructive when considering not only the post-Nice CCP but alternative options in the event of other Treaty amendments. The complexity of the Nice amendment is a reminder of just how difficult it is to achieve consensus in this area, and also of how important in practice that consensus is.
Law, Economics and Politics in the Constitutionalisation of Europe
Authors: Joerges Christian
Published: July 2016

This essay is continuing the path between the disciplines of law and political science that I have been following for a couple of years now. This is a somewhat delicate exercise. In addressing my own discipline, law, I argue that it should renew its perceptions of reality and open up its normative and dogmatic conceptual structure. To political scientists engaged in integration research, I suggest that they ought to take the law’s normative structure seriously and open up their analytical and empirical models to this peculiar reality. ‘Two goals?! No wonder he never gets anywhere!’ By no means, I would object, we are only looking at the two sides of the same coin. And there are good reasons to undertake such efforts: Europe’s constitution is too important to be left up to the lawyers; but it is also something that cannot be grasped by empirical and analytical approaches which are unable to address the normative dimension of the ‘real’ world.
Collective Dominance in EC Competition Law: Trojan Horse or Useful Tool?
Authors: Albors-Llorens Albertina
Published: July 2016

The evolution of the concept of joint or collective dominance has contributed an important chapter to EC Competition law and has been the focus of intense attention in the academic literature. This thorny notion has proved relevant both in the context of the application of Article 82 EC and of the EC Merger Regulation even if a textual reference to it was clear in the first case but non-existent in the second.
European ‘Citizenship’: In its Own Right and in Comparison with the United States
Authors: Fischer Thomas C
Published: July 2016

The fourteenth amendment to the US Constitution, adopted in 1868, provides in relevant part: ‘All persons born or naturalised in the United States … are citizens of the United States and of the State wherein they reside.’ A similar passage in the Treaty of European Union (TEU or Maastricht), Article 8 (now Article 17(1)), declared: ‘Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union.’
The Draft EU Constitution—First Impressions
Authors: Dashwood Alan
Published: July 2016

The convention on the Future of Europe, which came together in the spring of 2002, completed its work in June 2003. In the event, the various tasks that were set for the Convention by the Laeken Declaration of December 2001 on the Future of the European Union came to be subsumed in the overall task of devising a Constitution for the Union. A sufficient degree of consensus was achieved by the Convention to enable its President, Mr Valery Giscard d’Estaing, to present the outcome of the deliberations of the past 15 months, in the form of a Draft Treaty Establishing a Constitution for Europe, to the European Council of Thessaloniki. So it is through the proposed Constitutional Treaty (referred to hereinafter as ‘the Convention text’) that the specific objectives identified in the Nice and Laeken Declarations, such as those of re-legitimating the Union order and rendering the primary law of the Union more comprehensible to its subjects, now fall to be achieved.
‘New’ Social Democracy before the Court of Justice
Authors: Boeger Nina
Published: July 2016

Community law has seen some of the fiercest battles over ‘new’ social democracy and ‘Third Way’ politics. To simplify somewhat, the core idea of the Third Way is to rely on the market to provide services to the public efficiently, without however disconnecting them from certain key social values. In the Community legal order, these social policy devices invite the application of the Community’s economic jurisdiction, where public services can be classified as ‘market’ services. They frequently lead to what Joerges has labelled ‘diagonal’ conflicts between the Community’s economic law and its competence to uphold the EU Internal Market, and the Member States’ individual choice, and competence, to administer their welfare states. In ‘diagonal’ conflict situations, a single set of facts is analysed via two different ‘logics’, one following the economic perspective of the Internal Market, and the other marking the Member State’s political and social competence, where states are regularly guided by a more diffuse set of values, including public and constitutional rights, and practical political pressures. Whilst states may well invite the market into their welfare state, for example as part of a political ‘third way’ solution, the national electorate, who will ultimately hold public authorities accountable, are likely to concentrate their judgement on the realisation of substantive public service targets rather than how they have been achieved.
Derogating from the Free Movement of Persons: When can EU Citizens be Deported?
Authors: Shuibhne Niamh Nic
Published: July 2016

Ten years ago, the Bayerisches Landessozialgericht referred four questions to the Court of Justice for a preliminary ruling; the resulting judgment on María Martínez Sala’s entitlement to a child-raising allowance finally yanked the concept of Union citizenship from its sluggish hinterland in the EC Treaty and launched the Court and the Community legislature on a mission—to uncover the substantive content and scope of citizenship, and to realise its potential as an autonomous rights-giving force. The intervening decade has seen enthusiastic, if not always coherent, progression of this vocation, and thereby renewed animation of Community law on the free movement of persons. Much work in this field seeks to plot the evolving rights for EU citizens; but what about the position of the Member States? Their capacity to determine and manage their own immigration rules had already been eroded by ‘traditional’ Community law on workers, establishment and services.
The Public/Private Divide in Secondary Community Law: a Footnote to the European Economic Constitution
Authors: Schepel Harm
Published: July 2016

This contribution is concerned with the demarcation of the public sphere in two different regimes of secondary European economic law: the rules on public procurement on the one hand and those on VAT on the other. In both, the pivotal concept is that of ‘bodies governed by public law’. In the first, the consequences of being classified as a public body are onerous; in the latter, they are very advantageous. In the first, classification as a public body requires the institution in question to comply with the legislation on public procurement; in the latter, it will leave the body outside the reach of Community law. It is perhaps no surprise, then, that the Court has interpreted the concept of a ‘body governed by public law’ very differently in the different regimes. In that light, this comparative analysis may seem fanciful at best.
Your Phone, Tablet, and Computer Screens Aren't Safe from Hackers
Authors: Zastrow Mark
Published: July 2016

Cables and circuitry inside your gadgets' screens act as accidental antennae that broadcast screens' contents. A new study says the industry needs to fix this security risk before hackers exploit it.
DNA-PK-mediated phosphorylation of EZH2 regulates the DNA damage-induced apoptosis to maintain T-cell genomic integrity
Authors: Wang Y , Sun H , Wang J , Wang H , Meng L , Xu C , Jin M , Wang B , Zhang Y , Zhang Y , Zhu T
Published: July 2016

EZH2 is a histone methyltransferase whose functions in stem cells and tumor cells are well established. Accumulating evidence shows that EZH2 has critical roles in T cells and could be a promising therapeutic target for several immune diseases. To further reveal the novel functions of EZH2 in human T cells, protein co-immunoprecipitation combined mass spectrometry was conducted and several previous unknown EZH2-interacting proteins were identified. Of them, we focused on a DNA damage responsive protein, Ku80, because of the limited knowledge regarding EZH2 in the DNA damage response. Then, we demonstrated that instead of being methylated by EZH2, Ku80 bridges the interaction between the DNA-dependent protein kinase (DNA-PK) complex and EZH2, thus facilitating EZH2 phosphorylation. Moreover, EZH2 histone methyltransferase activity was enhanced when Ku80 was knocked down or DNA-PK activity was inhibited, suggesting DNA-PK-mediated EZH2 phosphorylation impairs EZH2 histone methyltransferase activity. On the other hand, EZH2 inhibition increased the DNA damage level at the late phase of T-cell activation, suggesting EZH2 involved in genomic integrity maintenance. In conclusion, our study is the first to demonstrate that EZH2 is phosphorylated by the DNA damage responsive complex DNA-PK and regulates DNA damage-mediated T-cell apoptosis, which reveals a novel functional crosstalk between epigenetic regulation and genomic integrity.
Structural basis for LIN54 recognition of CHR elements in cell cycle-regulated promoters
Authors: Marceau Aimee H. , Felthousen Jessica G. , Goetsch Paul D. , Iness Audra N. , Lee Hsiau-Wei , Tripathi Sarvind M. , Strome Susan , Litovchick Larisa , Rubin Seth M.
Published: July 2016

The MuvB complex recruits transcription factors to activate or repress genes with cell cycle-dependent expression patterns. MuvB contains the DNA-binding protein LIN54, which directs the complex to promoter cell cycle genes homology region (CHR) elements. Here we characterize the DNA-binding properties of LIN54 and describe the structural basis for recognition of a CHR sequence. We biochemically define the CHR consensus as TTYRAA and determine that two tandem cysteine rich regions are required for high-affinity DNA association. A crystal structure of the LIN54 DNA-binding domain in complex with a CHR sequence reveals that sequence specificity is conferred by two tyrosine residues, which insert into the minor groove of the DNA duplex. We demonstrate that this unique tyrosine-mediated DNA binding is necessary for MuvB recruitment to target promoters. Our results suggest a model in which MuvB binds near transcription start sites and plays a role in positioning downstream nucleosomes.
South Pacific influence on the termination of El Niño in 2014
Authors: Imada Yukiko , Tatebe Hiroaki , Watanabe Masahiro , Ishii Masayoshi , Kimoto Masahide
Published: July 2016

The El Niño/Southern Oscillation (ENSO) is the dominant mode of climate variability affecting worldwide extreme weather events; therefore, improving ENSO prediction is an important issue. In this regard, a peculiar time evolution of ENSO in 2014 posed a challenge to the climate science community. Despite the observance of several precursors for a strong El Niño to develop during the summer and autumn, cold sea surface temperature (SST) anomalies appeared unexpectedly to the south of the equatorial cold tongue, which prevented development of an El Niño event in the late summer. Several hypotheses have been raised to explain the unmaterialized El Niño in 2014, but complete understanding of processes responsible for terminating this event has not yet been obtained. Here we show, using observations and extended seasonal prediction experiments with a climate model, that cold off-equatorial subsurface water in the South Pacific Ocean penetrated into the equatorial region along the slanted isopycnal surface via the mean advection, and it prevented the El Niño evolution in 2014. The negative subsurface temperature anomalies in the off-equatorial South Pacific Ocean were persistent throughout the last decade, and additional numerical simulations indicated that they contributed to the suppression of El Niño events during the 2000s.
Influence of the Madden–Julian oscillation on Tibetan Plateau snow cover at the intraseasonal time-scale
Authors: Li Wenkai , Guo Weidong , Hsu Pang-chi , Xue Yongkang
Published: July 2016

The Tibetan Plateau (TP), known as the third pole of the Earth, has snow cover with intraseasonal to decadal variability that affects weather and climate both inside and outside the TP. However, the factors that generate the TP snow cover (TPSC) anomalies at the intraseasonal time-scale are unclear. This report reveals the influence of the Madden‒Julian oscillation (MJO), which is the most dominant component of the tropical intraseasonal variability, on TPSC. We focus on wintertime snow cover over the central and eastern TP, where the intraseasonal variability is large. TPSC increases/decreases in the MJO phases 8‒1/4–5, when the eastward-propagating MJO suppressed/enhanced convection locates over the Maritime Continent. Such a change in TPSC leads to the most dominant positive/negative anomalies of TPSC in the following phases 2‒3/6‒7 due to the non-significant change of TPSC in these phases. There is anomalous moisture advection over the upstream of the TP caused by MJO-excited large-scale atmospheric circulation. The advection process generates the low-frequency eastward-propagating anomalous water vapour from upstream to the TP that influences precipitation and, eventually, TPSC.