bluuebunny/crossref_metadata_2025 huggingface dataset:
German Medical Named Entity Recognition Model and Data Set Creation Using Machine Translation and Word Alignment: Algorithm Development and Validation (Preprint)
Authors: Frei Johann , Kramer Frank
Published: May 2022

BACKGROUND

Data mining in the field of medical data analysis often needs to rely solely on the processing of unstructured data to retrieve relevant data. For German natural language processing, few open medical neural named entity recognition (NER) models have been published before this work. A major issue can be attributed to the lack of German training data.

OBJECTIVE

We developed a synthetic data set and a novel German medical NER model for public access to demonstrate the feasibility of our approach. In order to bypass legal restrictions due to potential data leaks through model analysis, we did not make use of internal, proprietary data sets, which is a frequent veto factor for data set publication.

METHODS

The underlying German data set was retrieved by translation and word alignment of a public English data set. The data set served as a foundation for model training and evaluation. For demonstration purposes, our NER model follows a simple network architecture that is designed for low computational requirements.

RESULTS

The obtained data set consisted of 8599 sentences including 30,233 annotations. The model achieved a class frequency–averaged F1 score of 0.82 on the test set after training across 7 different NER types. Artifacts in the synthesized data set with regard to translation and alignment induced by the proposed method were exposed. The annotation performance was evaluated on an external data set and measured in comparison with an existing baseline model that has been trained on a dedicated German data set in a traditional fashion. We discussed the drop in annotation performance on an external data set for our simple NER model. Our model is publicly available.

CONCLUSIONS

We demonstrated the feasibility of obtaining a data set and training a German medical NER model by the exclusive use of public training data through our suggested method. The discussion on the limitations of our approach includes ways to further mitigate remaining problems in future work.
The Effects of Personalized Sleep Feedback on Habitual Sleep Behavior and Momentary Symptoms in Daily Life: Mobile Health Intervention Trial using a Healthcare IoT System (Preprint)
Authors: Takeuchi Hiroki , Suwa Kaori , Kishi Akifumi , Nakamura Toru , Yoshiuchi Kazuhiro , Yamamoto Yoshiharu
Published: May 2022

BACKGROUND

Several mobile and wearable sleep-tracking devices have been developed, and personalized sleep feedback is the most common functionality among these devices. Sleep is beneficial for physical and mental health. To date, no study has investigated the characteristics of habitual sleep behavior and diurnal self-reported mood and physical symptoms when receiving sleep feedback.

OBJECTIVE

We conducted a mobile health (mHealth) intervention trial to examine whether sending daily sleep feedback messages changes the self-reported mood, physical symptoms, and sleep behavior of Japanese office workers.

METHODS

Thirty-one office workers (mean age = 42.3 years; male: female = 21:10) participated in a trial from November 30 to December 19, 2020. The participants were instructed to indicate their momentary mood and physical symptoms (depressive mood, anxiety, stress, sleepiness, fatigue, and neck/shoulder stiffness) five times a day using a smartphone application (app). In addition, daily work performance was rated once a day after work. They were randomly assigned to either a feedback (experimental) or control group, wherein they did or did not receive messages about their sleep status on the app, every morning, respectively. All participants wore activity monitors on their non-dominant wrists, by which objective sleep data were registered online on a server. Based on the estimated sleep data on the server, personalized sleep feedback messages were generated and sent to the participants in the feedback group using the app. These processes were fully automated.

RESULTS

Using hierarchical statistical models, we examined differences in the statistical properties of sleep variables (sleep duration and midpoint of sleep) and daily work performance over the trial period. Group-difference in the diurnal slopes for mood and physical symptoms were examined by liner mixed effect model. We found a significant group difference of within-individual residuals in the midpoint of sleep (expected a posteriori for the difference in minutes) = -15 (95% credible interval: -26, -4), suggesting more stable sleep timing in the feedback group. However, there were no significant group differences in daily work performance. We also found significant group differences in the diurnal slopes for sleepiness, fatigue, and neck/shoulder stiffness (P < 0.01), which was largely because of better scores in the feedback group at wake-up time relative to that in the control group.

CONCLUSIONS

This is the first mHealth study to demonstrate that sleep feedback sent every morning improves sleep timing of and physical symptoms in healthy office workers. Future research should incorporate specific behavioral instructions intended to improve sleep habits and examine the effectiveness of these instruction.
Meeting the Shared Goals of a Student-Selected Component: Pilot Evaluation of a Collaborative Systematic Review (Preprint)
Authors: Bhatti Faheem , Mowforth Oliver , Butler Max , Bhatti Zainab , Rafati Fard Amir , Kuhn Isla , Davies Benjamin M
Published: May 2022

BACKGROUND

Research methodology is insufficiently featured in undergraduate medical curricula. Student-selected components are designed to offer some research opportunities but frequently fail to meet student or supervisor expectations, such as completion or publication. We hypothesized that a collaborative, educational approach to a systematic review (SR), whereby medical students worked together, may improve student experience and increase success.

OBJECTIVE

This study aimed to establish whether offering a small team of students the opportunity to take part in the screening phase of SRs led by an experienced postgraduate team could enhance the learning experience of students, overcome the barriers to successful research engagement, and deliver published output.

METHODS

Postgraduate researchers from the University of Cambridge led a team of 14 medical students to work on 2 neurosurgical SRs. One student was appointed as the lead for each SR. All students were provided with training on SR methodology and participated in title and abstract screening using Rayyan software. Students completed prepilot, midscreening, and postscreening questionnaires on their research background, perceptions, knowledge, confidence, and experience. Questions were scored on a Likert scale of 1 (strongly disagree) to 10 (strongly agree).

RESULTS

Of the 14 students involved, 29% (n=4) reported that they had received sufficient training in research methodology at medical school. Positive trends in student knowledge, confidence, and experience of SR methodology were noted across the 3 questionnaire time points. Mean responses to “I am satisfied with the level of guidance I am receiving,” “I am enjoying being involved in the SR process,” and “I could not gain this understanding of research from passive learning e.g., textbook or lecture” were greater than 8.0 at all time points. Students reported “being involved in this research has made me more likely to do research in the future” (mean 8.57, SD 1.50) and that “this collaborative SR improved my research experience” (mean 8.50, SD 1.56).

CONCLUSIONS

This collaborative approach appears to be a potentially useful method of providing students with research experience; however, it requires further evaluation.
Correction: The Transition of Social Isolation and Related Psychological Factors in 2 Mild Lockdown Periods During the COVID-19 Pandemic in Japan: Longitudinal Survey Study (Preprint)
Authors: Sugaya Nagisa , Yamamoto Tetsuya , Suzuki Naho , Uchiumi Chigusa
Published: May 2022

UNSTRUCTURED

N/A
Validation of an Artificial Intelligence model for reading chest X-rays: protocol of a prospective study (Preprint)
Authors: Miro Catalina Queralt , Fuster-Casanovas Aïna , Solé Casals Jordi , Vidal-Alaball Josep
Published: May 2022

BACKGROUND

Chest X-rays are the most commonly used type of X-rays today, accounting for up to 26% of all radiographic tests performed. However, chest radiography is a complex imaging modality to interpret; several studies have reported discrepancies in chest X-ray interpretations among emergency physicians and radiologists. It is of vital importance to be able to offer a fast and reliable diagnosis for this kind of X-ray, using artificial intelligence (AI) to support the clinician.
Oxipit has developed an AI algorithm for reading chest X-rays, available through a web platform called ChestEye. This platform is an automatic computer-aided diagnosis (CAD) system where a reading of the inserted chest X-ray is performed and an automatic report is returned with a capacity to detect 75 pathologies, covering 90% of diagnoses.

OBJECTIVE

The overall objective of the study is to perform a validation with prospective data of the ChestEye algorithm as a diagnostic aid. We wish to validate the algorithm for a single pathology and multiple pathologies by evaluating the accuracy, sensitivity and specificity of the algorithm.

METHODS

A prospective study will be carried out to compare the diagnosis of the reference radiologist for the users attending the primary care centre in the Osona region (Spain), with the diagnosis of the ChestEye AI algorithm.

RESULTS

Patient recruitment began in February 2022 on a rolling basis until the target sample was reached. It is hoped to obtain sufficient evidence to demonstrate that the use of AI in the reading of chest X-rays can be a good tool for diagnostic support. However, there is a decreasing number of radiology professionals and, therefore, it is necessary to develop and validate tools to support professionals who have to interpret these tests.

CONCLUSIONS

If the results of the validation of the model are satisfactory, it could be implemented as a support tool and allow an increase in the accuracy and speed of diagnosis, patient safety and agility in the primary care system, and reduce the costs of unnecessary tests.

CLINICALTRIAL

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Gamified Physical Rehabilitation for Older Adults With Musculoskeletal Issues: Pilot Noninferiority Randomized Clinical Trial (Preprint)
Authors: Randriambelonoro Mirana , Perrin Franck Caroline , Herrmann François , Carmona Gorki Antonio , Geissbuhler Antoine , Graf Christophe , Frangos Emilia
Published: May 2022

BACKGROUND

Resource-rich countries are facing the challenge of aging societies, a high risk of dependence, and a high cost of care. Researchers attempted to address these issues by using cost-efficient, innovative technology to promote healthy aging and regain functionality. After an injury, efficient rehabilitation is crucial to promote returning home and prevent institutionalization. However, there is often a lack of motivation to carry out physical therapies. Consequently, there is a growing interest in testing new approaches like gamified physical rehabilitation to achieve functional targets and prevent rehospitalization.

OBJECTIVE

The purpose of this study is to assess the effectiveness of a personal mobility device compared with standard care in the rehabilitation treatment of patients with musculoskeletal issues.

METHODS

A total of 57 patients aged 67-95 years were randomly assigned to the intervention group (n=35) using the gamified rehabilitation equipment 3 times a week or to the control group (n=22) receiving usual standard care. Due to dropout, only 41 patients were included in the postintervention analysis. Outcome measures included the short physical performance battery (SPPB), isometric hand grip strength (IHGS), functional independence measure (FIM), and the number of steps.

RESULTS

A noninferiority related to the primary outcome (SPPB) was identified during the hospital stay, and no significant differences were found between the control and intervention groups for any of the secondary outcomes (IHGS, FIM, or steps), which demonstrates the potential of the serious game-based intervention to be as effective as the standard physical rehabilitation at the hospital. The analysis by mixed-effects regression on SPPB showed a group×time interaction (SPPB_I_t1=–0.77, 95% CI –2.03 to 0.50, P=.23; SPPB_I_t2=0.21, 95% CI –1.07 to 0.48, P=.75). Although not significant, a positive IHGS improvement of more than 2 kg (Right: 2.52 kg, 95% CI –0.72 to 5.37, P=.13; Left: 2.43 kg, 95% CI –0.18 to 4.23, P=.07) for the patient from the intervention group was observed.

CONCLUSIONS

Serious game-based rehabilitation could potentially be an effective alternative for older patients to regain their functional capacities.

CLINICALTRIAL

ClinicalTrials.gov NCT03847454; https://clinicaltrials.gov/ct2/show/NCT03847454
A Call to Expand the Scope of Digital Phenotyping (Preprint)
Authors: De Boer Christopher , Ghomrawi Hassan , Zeineddin Suhail , Linton Samuel , Kwon Soyang , Abdullah Fizan
Published: May 2022

UNSTRUCTURED

Digital phenotyping refers to near–real-time data collection from personal digital devices, particularly smartphones, to better quantify the human phenotype. Methodology using smartphones is often considered the gold standard by many for passive data collection within the field of digital phenotyping, which limits its applications mainly to adults or adolescents who use smartphones. However, other technologies, such as wearable devices, have evolved considerably in recent years to provide similar or better quality passive physiologic data of clinical relevance, thus expanding the potential of digital phenotyping applications to other patient populations. In this perspective, we argue for the continued expansion of digital phenotyping to include other potential gold standards in addition to smartphones and provide examples of currently excluded technologies and populations who may uniquely benefit from this technology.
FEAR індекс при діагностиці міграції головки стегнової кістки в пацієнтів з дитячим церебральним паралічем. FEAR індекс та індекс Реймерса в математичному моделюванні нестабільності кульшового суглоба при дитячому церебральному паралічі
Authors: Yatsuliak M. , Nemesh M. , Martsyniak S. , Kabatsii M. , Filipchuk V.
Published: May 2022

Актуальність. Значна частота нестабільності кульшового суглоба в різних групах пацієнтів з дитячим церебральним паралічем та фактори, що можуть впливати на її формування, є актуальним об’єктом досліджень. Мета: встановити діагностичну цінність індексу FEAR у визначенні нестабільності кульшового суглоба в ocіб з дитячим церебральним паралічем. Матеріали та методи. Загальна кількість пацієнтів становила 39 (70 суглобів). Клініко-рентгенограмометричне обстеження кульшових суглобів виконано з використанням власного способу і стандартних передньозадніх рентгенограм, за якими визначали індекс FEAR та інші параметри. Також проведено математичне моделювання і статистичний аналіз показників кульшового суглоба та факторів, що можуть призводити до нестабільності кульшового суглоба. Результати. Встановлено кореляційні зв’язки між індексом FEAR і показниками кульшового суглоба, а також факторами, що можуть на нього впливати. Створено математичні моделі для визначення нестабільності кульшового суглоба на основі параметрів в обох позиціях. Висновки. Продемонстровано хорошу діагностичну цінність індексу FEAR, проте індекс Реймерса виявився більш надійним у діагностиці нестабільності кульшового суглоба в пацієнтів з дитячим церебральним паралічем.
Study on Predictive Maintenance for Controller Failure
Authors: Kong In-Yeup
Published: May 2022

It is more important to be able to predict a failure before it occurs than to fix it after a failure. Attempts to predictive maintenance beyond reactive maintenance and preventive maintenance are increasing. This paper contains basic research to design a system that can predict controller failure before it occurs. The database related to the controller should be designed considering not only the data of the controller itself, but also the information on the operating environment, and the processing contents in the failure situation. In the latter part of the paper, data classification and analysis algorithms that can be used for failure prediction are summarized.
Interrelationships Between Visual and Instrumental Measures of Ground Beef Color
Authors: Mancini Richard A. , Ramanathan Ranjith , Hunt Melvin C. , Kropf Donald H. , Mafi Gretchen G.
Published: May 2022

Two experiments were conducted to understand the interrelationship among visual color score, Farnsworth-Munsell values, instrumental meat color measurements, and their impact on beef color evaluation. In experiment 1, L*, a*, and b* values and various reflectance traits of the Farnsworth-Munsell 100-Hue Test tiles were measured.Incremental changes of the tiles were used to predict changes in a* values and other color variables that can be seen by a trained visual panel. Regression analysis suggests that trained panelists that pass the Farnsworth-Munsell Hue Test can discriminate a change of 0.95 in a*, 0.9 in b*, and 2.54 in hue angle values when Illuminant A is used. In experiment 2, ground beef was assigned randomly to one of 36 combinations of 3 storage temperatures, 4 storage times, and 3 display temperatures to create a variety of surface colors. A 10% change in ground beef metmyoglobin content corresponded to 3.2 units of a* (R2=0.95). Of all the instrumental measurements, a* (r=−0.97) and chroma (r=−0.97) best represented the red color intensity that panelists saw on the surface of ground beef. Significant surface discoloration occurred at 37.1% metmyoglobin and an a* value of 25.4 (with Illuminant A). Using a 5-point visual lean color scale,the change required in a* value for a unit change visual color score was 4.6. In conclusion, a* and chroma are highly related to visual color scores and changes in metmyoglobin, and a change in a* of 0.95 can be observed by visual panelists that have passed the Farnsworth-Munsell test.
Diagnóstico de la calidad sanitaria de queserías artesanales en Salinas, San Luis Potosí
Authors: Rodríguez-Gallegos Rocío , Álvarez-Fuentes Gregorio , Rendón-Huerta Juan Antonio , Morales-Rueda Juan Ángel , García-López Juan Carlos , Olvera-Vargas Luis Alberto
Published: May 2022

El objetivo de este trabajo fue evaluar la carga microbiológica de coliformes totales (CT), Staphylococcus aureus y Salmonella spp en leche y quesos frescos como indicadores de prácticas de proceso que se realizan en queserías de diferentes localidades de la región de Salinas, San Luis Potosí. Se muestrearon 15 establecimientos, se obtuvieron muestras de leche y queso y  se les realizó un análisis de composición de la leche  y microbiológico. El 65 % de las unidades de producción no pasteuriza la leche o utiliza cuajo natural. Los conteos más elevados en leche fueron de 42 x 109 y 40 x 109 UFC/ml para S. aureus y CT, respectivamente. Para queso, las cuentas de 32 x 109 y 26 x 109 UFC/g para S. aureus y CT, respectivamente. Además, se detectó presencia de Salmonella en leche y queso. Se concluye que la falta de higiene en los utensilios y equipos en los que se elaboran los quesos, así como el uso de cuajo natural, pueden ser un riesgo para la salud del consumidor.
Efecto de extractos naturales sobre la estabilidad oxidativa de hamburguesas de carne de cerdo durante el almacenamiento refrigerado
Authors: Graciano Cristobal María Josefina , Rodríguez Carpena Javier Germán , Sumaya Martínez María Teresa , Balois Morales Rosendo , Jiménez Ruiz Edgar Iván , Bautista Rosales Pedro Ulises
Published: May 2022

Se evaluó el efecto de tres extractos naturales elaborados a base de especias culinarias con actividad antioxidante, sobre la estabilidad oxidativa de lípidos y proteínas, cambios de color, y calidad sensorial de carne de cerdo cocinada durante 12 días de almacenamiento refrigerado. Se elaboraron sistemas modelo tipo hamburguesa con el músculo Longissimus thoracis et lomborum, grasa dorsal, sal, agua y el extracto correspondiente. La actividad antioxidante de los extractos se determinó mediante los métodos DPPH y ABTS+, mientras que la oxidación de lípidos y proteínas por TBA-RS y DNPH respectivamente. Para la evaluación de color se utilizaron los parámetros de luminosidad (L*) y ángulo Hue (°h). El análisis sensorial se realizó con un panel no entrenado, el cual evaluó los atributos de sabor, color, olor y textura. El procesamiento estadístico de los datos obtenidos de actividad antioxidante, oxidación lipídica y proteica, así como de color se realizaron mediante un análisis de varianza. La evaluación sensorial fue procesada con estadística no paramétrica. El extracto dos presentó la mayor actividad antioxidante (P≤0.05); los tres extractos lograron inhibir (P≤0.05) la oxidación de lípidos en las hamburguesas (P≤0.05); sin embargo, ninguno de los tres extractos logró inhibir la oxidación proteica. Tampoco hubo diferencias (P≥0.05) respecto al parámetro de L*, mientras que los valores de °h mostraron que los tres extractos lograron conservar el color de las hamburguesas cocinadas durante el almacenamiento refrigerado. Finalmente, la evaluación sensorial evidenció que ninguno de los tres extractos alteró la calidad organoléptica de las hamburguesas.
Apis mellifera en México: producción de miel, flora melífera y aspectos de polinización. Revisión
Authors: Baena-Díaz Fernanda , Chévez Estrella , Ruiz de la Merced Fortunato , Porter-Bolland Luciana
Published: May 2022

La abeja de la miel, Apis mellifera, es una especie que, desde su introducción a México, ha tenido una gran importancia social, cultural y económica, representando una importante fuente de ingreso para miles de familias que practican la apicultura. Sin embargo, en el contexto de la llamada “crisis de los polinizadores” se considera que se desconoce cómo este fenómeno afecta a A. mellifera en México. Esta revisión analiza y discute la información sobre A. mellifera en nuestro país relacionada a los fenómenos que afectan su distribución, la producción de miel y su ecología, incluyendo las interacciones con la flora local. De manera general se considera que hace falta una integración de datos sobre la apicultura a nivel nacional, y que existen pocos estudios sobre la ecología de A. mellifera en México, desde la flora que visitan, su eficiencia como polinizador y la competencia con otras especies de abejas nativas. El incrementar los estudios sobre A. mellifera ayudará a predecir cambios en la producción de miel, así como comprender y abordar las amenazas a dichos polinizadores, abonando a generar mejores prácticas de manejo y a establecer mejores estrategias de conservación de polinizadores que incluyan la presencia de A. mellifera.
Impact of COVID-19 on a Sustainable Work Environment in the Context of Decent Work
Authors:   BA School of Business and Finance,, Atstaja Dzintra , Osipova Sanita , Dambe Gundega ,   Faculty of Law, University of Latvia,   Latvian Association for People Management
Published: May 2022

The aim of the study is to analyse decent work as a value stemming from human dignity. The key factors include a safe and healthy work environment and working conditions, social protection, compliance with employment law, stability of a workplace, opportunities for development, training and self-fulfilment, mutual respect, contacts with colleagues, etc. The impact of the pandemic has changed employees’ views on “perfect job”. Remote work is only one of the new forms of employment created by digitalization, which will increasingly enter and strengthen the labour market. However, not all employers are equally prepared for change. The study will illustrate how the concept of decent work has changed in the context of the pandemic, so that the legislator and employers can reorganize themselves, creating appropriate work environment for employees and promoting the economic sustainability of the country.
Imperial Russian Rules on the State of Emergency in the Estonian Republic
Authors:   School of Law, University of Tartu, Lindmets Jaana , Luts-Sootak Marju , Siimets-Gross Hesi
Published: May 2022

In 1918, the Provisional Government of Estonia decided that, until new laws could be established, the legal acts of the Russian empire would continue to be valid. The rules on the state of emergency remained in force, too. At the end of November 1918, the state of emergency was declared throughout the territory of Estonia. For the entire period of its first independence, the Republic of Estonia was under some form of state of emergency either across the whole country or in certain areas. At first the state of emergency was declared using Imperial Russian norms on martial law. In 1930, the Estonian parliament adopted the State of Defence Act, which formally abolished the rules of Russian martial law. However, the Estonian Act on the State of Defence was, in essence, still largely based on the provisions of the General Act on the Governorates of the Russian Empire. The new State of Defence Act was adopted by presidential decree in 1938 and could be described as an attempt to summarise as valid law the practices that the authoritarian regime had hitherto used without legal basis.
Legal Aspects of Revocation of Degrees
Authors:   Faculty of Law, University of Latvia, Briede Jautrite
Published: May 2022

This article discusses the legal issues regarding revocation of a diploma (degrees). As the revocation of a diploma is a matter that falls within the scope of a person's private life, the revocation must be subject to a certain regulatory framework. In Latvia, this regulation has shortcomings, so it needs to be improved. Getting acquainted with the case law of Latvia and other countries, Latvian legal regulation, legal literature and rules of other countries, problems of Latvian legal regulation have been identified and solutions have been proposed. They concern the applicable law, the competent institution, the period of time that has elapsed since the defence of the diploma.
Effective Measures Against Harmful Disinformation in the EU in Digital Communication
Authors:   Faculty of Law, University of Latvia, Kucina Irena
Published: May 2022

Digitalisation has opened new technological horizons before society in terms of creating a better physical world and personal life. Impact of technologies on medicine, reduction of environmental pollution, resource savings and other areas is obvious. Digital technologies kept Latvian parliament (Saeima), government, public institutions, schools and business open or working remotely during pandemic to ensure running of the state, economy and society under restrictions and preventing close contact. Pandemic would have made our lives significantly harder 30 years ago. Digital revolution is on the rise. Global data output is doubling every year. Just picture hundreds of thousands of Google searches and Facebook entries we generate every minute. They convey valuable information about what we think and experience. It has also become apparent that technological euphoria has clouded our vision and we have failed to spot the threats to democracy, human rights and freedoms. Digitalisation come with great opportunities, but it also poses enormous risks, especially for democracy and rule of law. On 15 December 2020, European Commission announced two new legislative proposals (proposals for regulation) – Digital Services Act and Digital Markets Act . Their main objective is to make internet safer for people who use it, in particular, for buying goods and services, and for the first time ever these regulations also contain provisions regarding reduction of threats to democracy and rule of law emanating from digital tools. This paper analyses two significant legal risks associated with digitalisation that need to be mentioned: Big Data threats to fundamental human rights such as privacy (I) and threats to freedom of speech on social media (II), which are then evaluated from the perspective of interconnected legislative proposals announced by the Commission on 15 December 2020 (Digital Services Act and Digital Markets Act), followed by an assessment of how well they address (or not) the aforementioned risks (III). In conclusion, paper offers several proposals on how Latvia should address these issues during consultation process (IV).
Legal Standard for a Nationwide Administrative Territorial Reform
Authors:   University of Latvia, Danovskis Edvins
Published: May 2022

The article reviews the procedural and substantial standards developed by the Constitutional Court of the Republic of Latvia regarding the nationwide administrative territorial reform, which took place in 2019–2020. The article analyses the development of interpretation of Art. 5 of the European Charter of Local Self Government, as well as content and application of the principle of prohibition of arbitrariness in evaluating legality of a law, which outlines the administrative territorial division.
The Legal Implications of COVID-19 Vaccination Certificates: Implementation Experiences from Nordic and Baltic Region
Authors:   University of Latvia, Barkane Irena , O’Cathaoir Katharina , Slokenberga Santa , Eenmaa Helen ,   University of Copenhagen,   Uppsala University,   University of Tartu
Published: May 2022

EU Digital green certificates were initially envisaged as a joint EU initiative to facilitate free movement during the pandemic. However, many countries rapidly extended their use in different contexts at the national level, raising serious ethical and legal concerns and questions, in particular, on how to strike a right balance between the interests of the individual and the interests of society. The paper aims to explore the legal implications of using vaccination certificates at the national level, in particular by exploring and comparing practices in selected Nordic and Baltic countries. The article emphasises that, despite COVID-19 crises, the governments should protect fundamental rights and values and when deciding on new restrictions carefully assess their necessity and proportionality. National responses call for a new regulatory framework to ensure responsible use of digital technologies in public interests.
Permissibility of Pregnancy Termination – the Legal Reality in Poland After the Ruling of Constitutional Tribunal K 1/20
Authors:   University of Warmia and Mazury in Olsztyn, Gizynska Monika
Published: May 2022

The article presents selected issues related to constitutional guarantees for the legal protection of a child's life in the prenatal period in the event of a collision of rights. The author analyses the problem concerning the legal status of a child in the prenatal phase of life, as well as acceptability and bounds of terminating pregnancy. The author examines the ruling of the Constitutional Tribunal in Poland of 22 October 2020 held that prenatal examinations or other medical data indicate a high probability of serious and irreversible disability of the foetus or an incurable life-threatening disease, was contrary to the Constitution of the Republic of Poland.
Criminal Proceedings in Times of Pandemic
Authors:   University in Saarbrücken, Dauster Manfred
Published: May 2022

COVID-19 caught humanity off guard at the turn of 2019/2020. Even when the Chinese government sealed off Wuhan, a city of millions, for weeks to contain the epidemic, no one in other parts of the world had any idea of what specifically was heading for the countries. The ignorant and belittling public statements and tweets of the former US president are still fresh in everyone's memory. Only when the Italian army carried the coffins with the COVID-19 victims in northern Italy, the gravesites spread in the Bergamo region, as well as the intensive care beds filled in the overcrowded hospitals, the countries of the European Union and other parts of the world realised how serious the situation threatened to become. Together with the World Health Organisation (WHO), the terms changed to pandemic. Much of the pandemic evoked reminiscences originating in the Black Death raging between 1346 and 1353 or in the Spanish flu after the First World War. Meanwhile, life went on. The administration of justice in criminal cases could not and should not come to a standstill. Emergency measures, such as those that began to emerge in February 2020, are always the hour of the executive. In their efforts to stop the spread of the virus, in Germany, governments particularly reflected on criminal proceedings. Neither criminal procedural law nor the courts and court administrations applying this procedural law were adequately prepared for the challenges. Deadlines threatened to expire, access to court buildings and halls had to be restricted to reduce the risk of infection, public hearings represented a potential source of infection for both the parties to the proceedings and the public, virtual criminal hearings via conference calls had not yet been tested in civil proceedings, but were legally possible, but not so in criminal cases. The taking of evidence in criminal cases in Germany is governed by the rules of strict evidence and is largely not at the disposal of the parties to the proceedings. Especially in criminal cases, fundamental and human rights guarantees serve to protect the accused, but also the victims and witnesses. Executive measures of pandemic containment might impact these guarantees. Here, an attempt will be made to discuss at some neuralgic points how Germany has attempted to balance the resulting contradictory interests in the conflict between pandemic control and constitutional requirements for criminal court proceedings.
Clarity of a Criminal Law Provision in the Case Law of the Constitutional Court of the Republic of Latvia
Authors:   Faculty of Law, University of Latvia, Strada-Rozenberga Kristine , Rozenbergs Janis
Published: May 2022

The quality criteria for the provisions of criminal law follow from Art. 90 and the second sentence of Art. 92 of the Satversme [Constitution] of the Republic of Latvia. A person may be recognised as being guilty and punished only for such actions that have been recognised as being criminal in accordance with law. A person’s fundamental right to know his or her rights defines the framework for the legislator’s actions because only such a provision that complies with all the quality criteria of a legal provision may be recognised as being a law, i.e., as having been granted legal force. These fundamental rights require the legislator to take special care in drafting legal norms that envisage criminal liability, which is the most severe form of legal liability. The Constitutional Court of the Republic of Latvia has repeatedly engaged in assessing the quality of criminal law provisions. This study provides an insight into the Constitutional Court’s approach to reviewing the clarity of criminal law provisions and summarizes the most important findings made by the Constitutional Court regarding this issue.
Is the R2P Norm a Legal Norm?
Authors:   Faculty of Law, University of Zagreb, Kresic Mario
Published: May 2022

The conception of the Responsibility to Protect (R2P) was developed to resolve the practical problem of the inefficiency of the international community to address atrocities. The present contribution aims at the clarification of the theoretical problem on the nature of R2P norm and provision of conceptual tools for its solution. After differentiating R2P objects and contouring their content, the question whether the R2P norm is of a legal kind will be addressed. The contribution claims that application of the proposed legal concepts – theoretical conception related to the law, doctrine, norm, principle and rule – contributes to the clarification of the objects and content of the R2P; and that political responsibility approach to the identification of a legal norm and the specific concept of emerging norm are suitable tools for determining the legal nature of R2P norm.
Blanket Bans in Case Law of the European Court of Human Rights and Constitutional Court of the Republic of Latvia
Authors:   University of Latvia, Kucs Arturs
Published: May 2022

Irrespective of whether a human rights case is being decided in a national or international court, similar methodology is used when assessing whether a human rights restriction is justifiable. In some cases, however, the European Court of Human Rights and Constitutional Court of the Republic of Latvia use different approach for specific kind of human rights restriction – the blanket ban. This concept and applied methodology are still under the discussion regarding both courts. This article looks into concept of blanket ban, analyses influence of this concept to courts’ assessment, as well as reflects objections to the concept.
European Court of Human Rights and COVID-19: What are Standards for Health Emergencies?
Authors:   Institute of Comparative Law, Coric Vesna , Knezevic Bojovic Ana
Published: May 2022

The European Court of Human Rights is currently facing a challenge in dealing with numerous applications linked to the COVID-19 pandemic and the related restrictions aiming to protect human life and health, which, at the same time, limit some of the most important human rights and fundamental freedoms. Legal scholars have voiced different views as to the complexity of this task, invoking the previous case law on infectious diseases and on military emergencies to infer standards that would be transferrable to COVID-19-related cases, or the margin of appreciation of domestic authorities pertaining to health care policy as the approaches ECtHR could take in this respect. The present paper argues that the ECtHR would be well advised to resort to a more systemic integrated approach, which implies the need to consider obligations emanating from other health-related international instruments in setting the standards against which it will assess the limitations of human rights during the COVID-19 outbreak. Hence, the authors reflect on the potential contribution of the integrated approach to the proper response of the ECtHR in times of the pandemic. The review shows that both the ECtHR’s caselaw on the integrated approach, as well as its theoretical foundation leave enough room for a wide application by the ECtHR of the right to health, and likewise – soft law standards emanating from the various public health-related instruments, when adjudicating cases dealing with the alleged violations of human rights committed during the COVID-19 outbreak. Subsequently, the paper critically assesses to what extent the ECtHR has taken into account the right to health-related instruments in its previous case law on infectious diseases. This is followed by a review of the existing, albeit sparse, jurisprudence of the ECtHR in its ongoing litigations pertaining to restrictions provoked by COVID-19 pandemic, viewing them also in the context of the integrated approach. The analysis shows that ECtHR did not systemically utilize the integrated approach when addressing the right to health, even though it did seem to acknowledge its potential. The authors then go on to scrutinize the relevant health emergency standards stemming from international documents and to offer them as a specific guidance to the ECtHR regarding the scope of the right to health which will help in framing the analysis and debate about how the right to health is guaranteed in the context of COVID-19. Consequently, building on the proposed integrity approach, examined theoretical approaches, and standards on the right to health acknowledged in relevant supranational and international instruments, the authors formulate guidance on the path to be taken by the ECtHR.
Termination of Ownership Rights by Way of Confiscation and Public Reliability of the Land Register in Latvia
Authors:   Faculty of Law, University of Latvia, Rozenfelds Janis
Published: May 2022

Confiscation of property has several meanings. All of them could be reduced to “coercive deprivation by state institutions”. In modern democracies, the use of this force should be exercised carefully and in accordance with the duty of the state to protect peaceful enjoyment of possession by the subjects of the state. This report is devoted to examination of one specific kind of confiscation, which has the following characteristic features: it is not applied as a punishment following a conviction; it could be applied to an immovable property and so interferes with the public reliability of the Land Register; and it could be applied to a person who not only is in no way linked to illegal activities, let alone a criminal offence, but who has acquired the immovable property subject to confiscation being unaware of any criminal or other fraudulent acts by other persons regarding the immovable (a bona fide acquirer). The aim of this report is to find out whether the principle of protection of everyone’s right to property as a universal human right is adequately implemented in Latvia.
The Principle of Appropriate and Proportionate Remuneration in Copyright Contracts and Its Implementation in the Baltic States
Authors:   Vilnius University, Birstonas Ramunas , Mantrov Vadim , Kelli Aleksei ,   University of Latvia,   Tartu University
Published: May 2022

The Digital Single Market Directive 2019/790 constitutes a significant milestone in the field of copyright, especially its provisions aimed to ensure the fair remuneration for authors and performers. This publication focuses on Art. 18 of the Directive, which establishes the principle of appropriate and proportionate remuneration. This principle follows from the general understanding of authors and performers as a weaker bargaining party. Being formulated abstractly, the principle of appropriate and proportionate remuneration leaves broad discretion for its implementation. Therefore, the article presents case studies concerning the implementation of the said principle into national laws of the three Baltic States: Estonia, Latvia, and Lithuania. The first task is to check the operation of the principle of appropriate and proportionate remuneration in the national legal acts before the implementation of the Digital Single Market Directive. The second task is to compare and assess the prepared national draft legal acts and how they implement this principle. The article concludes that all three Baltic States have chosen a “minimalist” implementation strategy and, as a consequence, the appropriate and proportionate remuneration principle most likely will have no real independent value.
Adoption of Shareholder Resolutions in Post-COVID Era. Example of Estonian Law
Authors:   University of Tartu, Vutt Andres , Vutt Margit
Published: May 2022

In 2020, the COVID-19 pandemic forced the world to find the right balance between protecting health, minimizing economic and social disruption and retaining the rights of individuals. States imposed a number of restrictions in order to prevent the spread of the pandemic, including restrictions on the movement of persons and restrictions on gathering. Traditionally, shareholders' meetings of companies have been taken place in the form of physical meetings. Company law also been based on the assumption that meetings are held physically. In the new situation, it was no longer possible to hold meetings in this way, at least for some time. This forced companies to use digital solutions. The legislator was also faced with the question of how to resolve this situation. Different countries reacted differently in order to find company law solutions. In Estonia, new rules were adopted in May 2020 that allowed legal persons to adopt decisions using digital solutions, among other things, it is allowed to make decisions in a full virtual meeting. The central question in the way companies make decisions is whether the use of virtual solutions is possible, but whether the law provides companies with sufficiently flexible options, which would enable decisions to be taken in the light of the specificities and needs of each company and whether such practices ensure the exercise of shareholders' rights. This article analyses whether and how these objectives have been achieved in Estonian law. There are three ways to adopt company’s resolutions in Estonia: a meeting, a written resolution or a vote by letter. Meetings can take place physically, virtually or in a hybrid form. It is not possible to infringe the rights of the shareholder in making a written resolution, since if such a method is used, the resolution decision is adopted only if all shareholders agree. In the case of voting by letter, the law does not take into account the fact that in a shareholder of a public limited company has the right to receive information from directors only at the general meeting. Therefore, the future case-law must lay down the principles of communication between the shareholder and the public limited company in the situation when the resolution has been adopted by using such option. The law stipulates that if digital means are used to hold a meeting, shareholders must be guaranteed all the same rights as they have in the event of a physical meeting. Since these rules have been in force only for a short period of time, there are no court cases based on them. Although the legal literature has been expressed some views on the use of digital solutions, it is not yet known how the courts will resolve these issues if disputes arise.
Patient Protection Under French Law: The Example of Medical Information
Authors:   Rennes University, Pierre Philippe
Published: May 2022

The duty of physicians and health institutions to inform patients about medical risks is a much-debated source of liability in French law. Ethical misconduct resulting from breaches of these obligations is likely to call into question the balance of relations between health professionals and patients. Case law, and then the French law of 4 March 2002, have constantly improved the possibilities of action for victims of incomplete or imperfect information, by making it easier for them to prove the lack of information and by establishing the compensable damages, which are distinct from bodily injuries. However, one may wonder whether this increased protection of patients is not now excessive, by transferring the burden of the medical decision and the related risks onto them, once they have been fully informed.
The New Challenges of Corporate Social Responsibility: Sustainable Economic Development and Cultural Districts
Authors:   University of Napoli Federico II, Zampella Eduardo
Published: May 2022

Starting from the principles of corporate social responsibility and those, including recent ones, of cultural heritage, the purpose of this study is to illustrate the possibilities of intervention in the sector of cultural districts in order to enhance them, improve the environment in which they are established and the quality of life of those who reside there, increase job opportunities and the economic development of the area. The article also contains a reference to the Italian and EU regulatory context, with the recent introduction of the concept of Cultural and Creative Enterprise in 2018.
Esporte, citadinidade e política: disputas em torno dos sentidos da prática do skate de rua em São Paulo-SP
Authors: Machado Giancarlo Marques Carraro
Published: May 2022

O objetivo deste artigo é apresentar, com base em etnografias realizadas na cidade de São Paulo entre os anos 2013 e 2016, algumas mobilizações políticas que prezam pela dimensão esportiva do skate em detrimento da citadina para, em seguida, problematizar os impactos que elas vislumbram provocar no âmbito de sua prática realizada nas ruas. Pretende-se revelar, com efeito, como as governanças urbanas paulistanas estrategicamente reagiram frente às apropriações citadinas que os skatistas vinham fazendo da cidade e as táticas desses perante certas normatizações que lhes eram direcionadas. Os dados foram coletados a partir da consulta a documentos institucionais (como projetos de lei), de depoimentos de agentes políticos publicados em canais virtuais de comunicação, de trechos de entrevistas realizadas com skatistas interlocutores, além de relatos pontuais de campo decorrentes da minha inserção e participação em múltiplas situações no universo do skate paulistano.