bluuebunny/crossref_metadata_2025 huggingface dataset:
The European Union Act 2011: Locks, limits and legality
Authors: Craig Paul
Published: March 2022

The European Union Act 2011 imposes a complex set of constraints on the acceptance of EU law within the UK. It stipulates the need for an Act of Parliament and a referendum in a wide range of circumstances - notably Treaty amendment pursuant to the ordinary revision procedure in Article 48(2)-(5) TEU and Treaty reform pursuant to the simplified revision procedure in Article 48(6) TEU - and in addition sets out requirements for statutory approval and other forms of Parliamentary approval in relation to certain EU measures. The 2011 statute raises issues of principle that are relevant for all Member States of the EU. This article explicates the provisions of the European Union Act 2011, and then examines their legal and political implications from the perspective of both UK law and EU law. The article concludes by reflecting more broadly on the implications of the 2011 Act for other forms of constitutional constraint on the acceptance of EU law by the Member States'.
Patenting stem cells in Europe: The challenge of multiplicity in European Union law
Authors: Varju Marton , Sándor Judit
Published: March 2022

The recent judgment by the European Court of Justice in Brüstle ended the long-standing controversy concerning the patentability of inventions involving human embryonic stem cells in European patent law as harmonized by the Biotechnology Directive (Directive 98/44/EC). The Court of Justice, in line with EPO practice, confirmed that Article 6 of the Biotechnology Directive excluding the patentability of industrial or commercial uses of human embryos prevents patenting human embryonic stem cells. The judgment is open to criticism on account of its interpretation of the relevant ethical principles laid down in the Biotechnology Directive in an environment characterized by moral pluralism and by a multiplicity of legal fora with jurisdiction to interpret those principles.
Michel Gaudet, a law entrepreneur: The role of the legal service of the European executives in the invention of EC Law and the birth of the Common Market Law Review
Authors: Bailleux Julie
Published: March 2022

The article presents correspondence from December 1957 between the head of the Legal Service of the High Authority of the European Coal and Steel Community (ECSC), the French member of theConseild'Etat, Michel Gaudet, and his friend, the American lawyer Donald Swatland, which sheds new light on what is considered to be "the birth of EEC law": the landmark decisions of the Court of Justice in Van Gend& Loos (5 February 1963) and Costa v. ENEL (15 July 1964), in which the Court laid the basis of two areas of its "constitutional doctrine", the direct effect of Treaty provisions and the primacy of EU law (to give it its current name) over all conflicting national rules including constitutional ones. The correspondence shows that the Court's decisions should be seen as the result of a mobilization strategy led by the Legal Service of the European Executives to secure the advent of the future United States of Europe.
The new Brussels I Regulation
Authors: Nielsen Peter Arnt
Published: March 2022

The most important amendments to the Brussels I Regulation adopted on 12 December 2012 are presented and discussed. The amendments concern: 1) arbitration, 2) external situations, 3) choice-of-court agreements, and 4) abolition of exequatur. Compared to the Commission's ambitions, only modest, but probably useful compromises were achieved in respect of arbitration and external situations. For exclusive choice-of-court agreements, an efficient and sophisticated provision based on the Commission's ideas was adopted, and the Commission's primary goal, to abolish exequatur, was also successfully achieved.
Sex, drugs & EU law: The recognition of moral and ethical diversity in EU law
Authors: de Witte Floris
Published: March 2022

This contribution traces the interaction between EU law and national norms that express a certain moral, ethical or cultural value. Such values, which might range from drugs policy to the patentability of human cells, and from the consumption of seal meat to abortion, have something important in common: they ascribe a normative quality to a particular type of life, and typically reflect a communal, political understanding of what is "good". Such norms sit uneasily with the ethos of EU law, in so far that the individual rights guaranteed at the European level serve exactly to limit the externalities of this contractarian conception of political self-determination. This contribution traces these different arguments, their interaction, and the three possible scenarios for their resolution or mediation through the Court's case law: (i) direct normative intervention and Europeanization of the contentious moral or ethical choice; (ii) the insulation of national autonomy; or (iii)balancing through either a substantive or procedural version of the principle of proportionality.
Systemic deficiency in the rule of law: What it is, what has been done, what can be done
Authors: von Bogdandy Armin , Ioannidis Michael
Published: March 2022

There is currently a widespread view that the EU is in crisis. This crisis is not only financial, but, most importantly, it touches upon the founding principles of the Union as set out in Article 2 TEU. Among them, a principle that has served as the cornerstone of European integration already from its early stages seems particularly threatened: the rule of law. Due to endemic corruption, weak institutional capacities, or insufficient resources at the administrative or judicial levels, some EU Member States present so grave deficiencies in guaranteeing the rule of law that their conformity with basic EU standards is seriously questioned. Although it is obvious that the EU cannot stay inactive in the face of such grave deficiencies, it remains unclear how potential responses fit with the overall EU constitutional framework. This article aims at contributing to this discussion by developing the concept of systemic deficiency in the rule of law.
Openness at the Court of Justice of the European Union: Toppling a taboo
Authors: Alemanno Alberto , Stefan Oana
Published: March 2022

Despite the pervasive rhetoric of transparency in the EU, the openness of the Court of Justice has received little attention. Openness consists of various forms of active cooperation and communication between the EU institutions and the public. While the Court has consistently guaranteed the principles of transparency of judicial proceedings and publicity of trial vis-à-vis the parties (stemming from Art. 6 ECHR), it has not provided a similar level of "openness" beyond this. By establishing that openness applies essentially to the work of the executive and legislative, the Court emphasized the specificity of its judicial task. This article examines to what extent the public is informed or may obtain information concerning the activity of the Court, paying due regard to the distinction made in Article 15 TFEU between administrative and judicial tasks. It argues that Article 15(1) requires rendering all the activities of the Court more open.
Contrasting models of EU administration in judicial review of risk regulation
Authors: Anderson Christopher
Published: March 2022

Judicial review has been an important influence in the development of administrative risk regulation in the European Union. One way in which this influence has been felt is in the development of legal rules and principles for structuring and controlling administrative decision making on risk. Judicial formulation of these rules rests on often unstated premises about the nature and role of the administration within the EU's institutional structure. An examination of the case law shows that two distinct models of administration are operating in different strands of the case law. As jurisprudence in this area develops, the choice between these models will have significant impacts on the shape of risk regulation in the EU.
Reshaping market, competition and regulation in EU utility liberalization: A perspective from telecom
Authors: Hou Liyang
Published: March 2022

Liberalization in utility sectors faces two legal challenges, namely institutional conflicts between the market mechanism and sector-specific regulation, and conflicts between sector-specific regulation and competition law. The former has long been dealt with by academia and legislation, but the latter attracts comparatively less attention. Recent EU antitrust enforcement in the telecom sector demonstrates acute conflicts between SSR and competition law. While the inclusion of EU competition law in the TFEU establishes its supremacy over telecom regulation, it is worth investigating whether the Commission, using its antitrust power, has encroached on Member States’ competence over telecom regulation. The article finds that the Commission has over-stretched competition rules for regulatory or political purposes, without bringing prominent added value to effective competition when compared with sector-specific regulation. It is suggested to mitigate conflicts through an amended coordination mechanism based on the current Article 7 Procedure.
The assessment of the effect on trade by the national competition authorities of the new Member States: Another legal partition of the Internal Market?
Authors: Bernatt Maciej , Botta Marco , Svetlicinii Alexandr
Published: March 2022

Under Regulation 1/2003, NCAs of EU Member States must apply Articles 101–102 TFEU to anti-competitive conducts with an effect on intra-Community trade, and must notify the Commission of investigations and envisaged decisions based on Articles 101–102 TFEU. In the last decade, the NCAs of the “new” EU Member States have notified a lower number of envisaged decisions in comparison to “old” EU Member State; this has been explained by the institutional constraints of the individual NCAs. However, the paper shows that the NCAs of the “new” EU Member States have not been “less active” in terms of enforcement, but have adopted most of their decisions under the national competition rules.Also, there is significant divergence in the assessment of the effect on trade by the NCAs of the selected jurisdictions. Some NCAs have not taken account of the relevant ECJ case law and the 2004 Commission Notice on the effect
Setting the international scene: EU external competence and procedures post-Lisbon revisited in the light of ECJ Opinion 1/13
Authors: Govaere Inge
Published: March 2022

The article looks at Opinion 1/13 and the broader implications of the Lisbon Treaty for EU external relations competence and procedures. Two novel substantive issues are discussed. The first is the potential impact of the catalogue of competences in the Lisbon Treaty, and the codification of the doctrine of implied powers in Articles 3(2) TFEU and 216(1) TFEU. Has the Lisbon Treaty managed to reinstate the Member States as “masters of the Treaties” that can not only “codify” and “contain” but even “reverse” case law of the ECJ on EU external competence? The second is how far can the EU take part in “setting the international scene”, in an extra-EU context. Should the outcome be different according to the subject matter, or the nature of EU competence? The article also examines the instrumentalization of the Opinion procedure by the Commission to force the adoption of a Union position in the Council.
Private parties and State aid procedures: A critical analysis of the changes brought by Regulation 734/2013
Authors: Mazzocchi Francesco , Gambaro Edoardo
Published: March 2022

This article provides a critical analysis of the changes brought by Regulation 734/2013 to the procedural rules on State aid proceedings from the perspective of private parties. The main changes to the procedure concerned the strengthening of the Commission’s investigations and the establishment of a new regulatory framework for the handling of complaints. These amendments were driven by public enforcement reasons and confirmed the role of undertakings as a source of information for the Commission, without granting them a more active role in the two-stage administrative phase. The aim of the contribution is to draw a picture of the position of private parties before the Commission in light of these amendments and to demonstrate that a broader and effective protection of rights of undertakings would not have been in conflict with the efficiency goals pursued by the reform.
Brexit and Article 50 TEU: A constitutionalist reading
Authors: Frantziou Eleni , Eeckhout Piet
Published: March 2022

This article considers the constitutional requirements and implications of Article 50 TEU for the EU. It argues that it is essential to read Article 50 in light of the features of the Treaty of which it forms part together with its drafting context, that of the Convention on the Future of Europe, as well as the substantive protections of EU constitutional law. The article demonstrates that important constitutional constraints are in place in EU law, which can affect the most significant debates in the withdrawal process, namely: the manner in which notification to withdraw from the Union is given; the revocability of a decision to withdraw; and the legal basis and content of the withdrawal agreement. Most importantly, a reading of Article 50 informed by key constitutional features of the EU legal order stipulates clear duties for the EU to respect the UK’s constitutional requirements and to protect, in any eventual agreement, acquired rights for EU citizens in the UK and UK citizens in the EU, by emphasizing the illegality of a non-compliant withdrawal agreement from the EU perspective.
Hovering between intergovernmentalism and unionization:the shape of unitary patents
Authors: Mylly Tuomas
Published: March 2022

The unitary patent package is shielded against external judicial review in multiple ways. The norms providing the unitary patent its substantive contents, the Agreement on a Unified Patent Court (AUPC) and the European Patent Convention (EPC), are largely shielded from judicial review. European Patent Office (EPO) decisions cannot be subjected to direct scrutiny before EU courts either. Whereas the unitary patent and EPC systems will likely converge based on shared expert rule, EU law is at the same time subjected to fragmentation. Its core principles concerning legality and judicial review are being undermined in the process. However, through the preliminary ruling procedure, general EU norms and legal principles may still affect the package considerably more than envisioned by the architects thereof. Moreover, Brexit will require re-opening the package, and might open a window of opportunity for a political process leading to an improved design mending the current systemic defects.
Deposit insurance in the EU: Repetitive failures and lessons from across the Atlantic
Authors: Lazarov Ivan
Published: March 2022

This article outlines weaknesses in the EU deposit insurance legal framework and proposes necessary amendments in its substantive rules to enhance the system’s ability to ensure financial stability by preventing bank runs. It first examines the overall relationship between systemic liquidity risk and bank runs, the relevant systemic events and transmission channels, stressing the information asymmetry phenomenon, and claiming that it is valid for all depositors. The article presents the main elements of the safety net against systemic liquidity risk and highlights the crucial role of deposit insurance. It also provides a practical example of several bank runs on both sides of the Atlantic, illustrating that the EU rules are less apt to prevent them. A comparison is drawn between the current EU and US legal frameworks of deposit insurance. That analysis, together with the practical case studies, elucidates the shortcomings of the EU legislation with respect to coverage, payout periods and funding mechanisms. Key amendments, related to wider overall deposit coverage, faster payout periods, and higher deposit insurance fund ratio backed with a governmental guarantee, are proposed.
Re-embedding the transnational employment relationship: A tale about the limitations of (EU) law?
Authors: van Hoek Aukje A.H.
Published: March 2022

This article offers an integrated approach to the problem of cross-border posting of workers. The coordination rules of private international law, social security and tax law try to bring home transnational employment relationships, and in doing so strike a balance between home State and host State jurisdiction. The multilateral coordination efforts, however, result in situations in which work performed in the host State is not (fully) governed by the rules of the host State. From the unilateral perspective of the host State this outcome has a disembedding effect on the national system of labour law and industrial relations. Member States have reacted to this by different re-embedding responses, which do not always sit well with the EU provisions on free movement of services. The article discusses the several stages discernable in the interaction between national law and EU law leading up to the present proposals on revision of the Posting of Workers Directive.
Enforcing EU equality law through collective redress: Lagging behind?
Authors: Lahuerta Sara Benedi
Published: March 2022

Whilst the enforcement of EU law was initially based on individual and institutional “vigilance”, it has progressively expanded to embrace collective redress. However, collective redress mechanisms remain mostly nested in market-oriented areas, like competition law, consumer protection and data protection. Drawing on EU secondary law and soft law, this article contends that collective redress procedures should also be encouraged in more socially-oriented areas, focusing, in particular, on EU equality law. This is essential not only to address the rise of xenophobia in Europe, but also to ensure the substantive supremacy and uniform application of EU equality law, and to achieve more consistency within EU law.
The ECJs recent case law on ne bis in idem: Implications for law enforcement in a shared legal order
Authors: Luchtman Michiel
Published: March 2022

The ne bis in idem principle is a forerunner for fundamental rights in the European legal order. It has facilitated integration, but it also meets strong resistance. This contribution deals with the principle of ne bis in idem at the interface of administrative and criminal law enforcement, which has been a particularly controversial issue over the last few years. It analyses the recent case law of the ECJ and explores its consequences, focusing on the extent to which the principle has been made dependent on the degree of harmonization of EU law and on the transnational implications. With the rise of many new forms of transnational cooperation and an increasing focus of the EU legislature on law enforcement, the significance of this case law is hard to overlook.
The EUs modular approach to defence integration: An inclusive, ambitious and legally binding PESCO?
Authors: Blockmans Steven
Published: March 2022

In response to the need expressed by European leaders to protect their citizens better against security threats emanating from within and outside the EU’s borders, a package of defensive measures has been developed with remarkable speed. Permanent Structured Cooperation (PESCO) in the area of defence is the most emblematic innovation in this regard. This unique form of enhanced cooperation was triggered under Article 46 TEU. Yet the political rhetoric surrounding its launch has raised expectations that the EU may not be able to meet. This is mainly due to misperceptions about the legal nature and enforceability of the so-called “binding” commitments agreed to. PESCO will need to overcome at least three key challenges: raising the level of ambition while ensuring inclusivity; maintaining credibility in case participating States do not comply with their commitments; and ensuring coherence with the many other building blocks in Europe’s defence architecture. Arguably, legal commitments are the hardest in the area of industrial integration.With moves to incentivize capability development and create a single market for defence, the Community method will be applied to a field hitherto jealously shielded off by the Member States. This dimension of the incipient European Defence Union represents a game-changer in the integration process.

“If you need a helping hand, you will find one at the end of your arm”, Donald Tusk, President of the European Council, 16 May 2018.
Prohibition of abusive practices as a general principle of EU law
Authors: Leczykiewicz Dorota
Published: March 2022

This article discusses the proposition that EU law contains a “general principle” laying down a prohibition of abusive practices of various kinds, which does not have to be implemented by national law before the prohibition can be relied on against a private party. This principle was first introduced in Cussens v. Brosman, and recently confirmed by the Grand Chamber, in Ömer Altun and in N Luxembourg 1. Because of its scope and the power it creates for national authorities, the principle differs from the abuse of rights doctrine previously operating in EU law. The article argues that a principle which prohibits unspecified “abusive practices” at a general level, capable of creating new enforcement powers, is alien to pre-existing ECJ case law; and to the extent it covers also abuses of national law, it cannot be justified on constitutional grounds. It is also incorrect to refer to it as a “general principle”, a tactic used by the Court to make the principle enforceable against a private party.The article argues that EU law in fact contains a limited set of abuse principles generating different effects, only some of which could be brought under an umbrella of a single principle.
Between State aid and the fundamental freedoms: The arms length principle and EU law
Authors: Lazarov Ivan , Buriak Svitlana
Published: March 2022

The article examines the relationship between the rules on State aid and the fundamental freedoms when ruling on the compatibility with EU law of domestic transfer pricing provisions, based on the arm’s length principle. It shows that the Commission’s recent practice concerning State aid on advance pricing agreements is difficult to reconcile with the ECJ’s case law when ruling on the arm’s length principle under the fundamental freedoms. On the one hand, the Member States should not be too restrictive when applying their transfer pricing rules, as stemming from the proportionality requirement under the fundamental freedoms,while on the other hand they must not be too lenient either, otherwise they risk a State aid investigation. Pressed at both ends by these opposing forces, the margin for error becomes narrow or, sometimes, non-existent.
The Evidential Effect Of Commitment Decisions In Damage Claims.What Is Theassumptivevalue Ofa Pledge?
Authors: Olmedo-Peralta Eugenio
Published: March 2022

Despite the extensive use of commitment decisions by the European Commission and national competent authorities (NCAs), the effects of such decisions are far from being completely clear. This paper deals with the problems to claim for damages after a commitment decision has been reached. As these decisions do not state the existence or continuation of the infringement, claimants will bear the burden of proof in stand-alone damages actions. However, some evidential effects must be recognized to commitment decisions and to certain statements made throughout the public enforcement proceedings.We conclude that some measures should be introduced in this regard to ensure the victims’right to a compensation in these cases
Primacy and the remedy of disapplication
Authors: Dougan Michael
Published: March 2022

This article explores the EU principle of primacy and, in particular, the requirement that incompatible national rules be disapplied by the domestic courts. Objections to disapplication generally involve concerns about legal certainty as regards existing decisions or relationships – leading to an extensive case law (e.g.) on the non-publication of Union acts or rules of res judicata. More recently, the ECJ has faced concerns about how the prospective disapplication of national rules might create a legal vacuum capable of endangering legitimate public interests (pending adoption of fully compliant measures by the Member State). The available case law suggests the emergence of a new body of principles that qualify the full implications of primacy. But the precise division of labour between the Court and the domestic judges remains unclear. And the conditions governing the exercise of each jurisdiction might offer insufficient legal protection against the full risks of a damaging legal vacuum.
B. National Courts Acte cryptique? Zambrano, welfare rights, and underclass citizenship in the tale of the missing preliminary reference
Authors: O’brien Charlotte
Published: March 2022

What kind of right to reside did Zambrano create? Are Zambrano families entitled to rely on the fundamental principle of equal treatment to access subsistence benefits? And when is a question of EU law sufficiently unclear to create an objective duty for the national court of last instance to make a preliminary reference?The UK Supreme Court recently concluded that Zambrano families are not entitled to any particular quality of life or to any particular standard of living – so consigning a potentially vulnerable group of EU national children to underclass citizenship. It did so with surprising certainty, without troubling the ECJ with a preliminary reference. But it is hard to imagine a matter less acte clair, or more in need of clarification and consistency at EU level. There is ample reasonable doubt on the matter, strongly suggesting that the Supreme Court breached its duty to refer.Very little of what the ECJ did say in Zambrano was clear – never mind what it did not say.
The procedural law of international agreements: A thematic journey through Article 218 TFEU
Authors: Heliskoski Joni
Published: March 2022

The study gives a thematic analysis of the ECJ case law on the procedural law under Article 218 TFEU. Article 218 lays down a single procedure of general application for the negotiation, conclusion and implementation of international agreements by the EU. The study addresses questions on the scope of application of Article 218, the relationship between Article 218 and so-called “hybrid” acts of the Union and the Member States; the respective powers of the institutions in relating to the negotiation of international agreements by the Union; implementation of the EU’s international agreements and the European Parliament’s right to information. It is shown that the ECJ gives Article 218 TFEU a central position in defining the respective powers of the institutions compared to more general Treaty provisions – viz. Articles 13(2), 14(1), 16(1) and 17(1) TEU. The Court’s description of Article 218 TFEU as a provision of general application as well as its constitutional nature is also reflected in the case law. As for the powers of the Council, the Parliament and the Commission in respect of negotiation, conclusion and implementation of international agreements, the Court succeeds in striking a balance, so that each of the institutions has its own role to play.
Principles of a systemic deficiencies doctrine: How to protect checks and balances in the Member States
Authors: von Bogdandy Armin
Published: March 2022

This article studies European reactions to the most troublesome instance of systemic deficiencies in EU Member States: the undermining of checks and balances. It begins by surveying the various institutional options and constitutional grounds for action.To understand the problem better, it then unfolds the concept of systemic deficiencies as a specific form of illegality and inter-systemic conflict. The third step develops a legal framework to coordinate the panoply of systemic deficiency instruments in the European legal space, but also to assess critically any respective EU action; the building blocks of this framework are competence, procedure, standards, and control. The article shows that red lines can be drawn that respect constitutional pluralism, and that legitimacy of any action is enhanced if many institutions undertake it jointly, so that Europe speaks with a single and principled voice.
In search of effectiveness and fairness in proving algorithmic discrimination in EU law
Authors: Grozdanovski Ljupcho
Published: March 2022

Examples of discriminatory algorithmic recruitment of workers have triggered a debate on application of the non-discrimination principle in the EU. Algorithms challenge two principles in the system of evidence in EU non-discrimination law. The first is effectiveness, given that due to algorithmic opacity, the parties in algorithmic discrimination cases do not have easy and unrestricted access to facts enabling them to support their claims. The second is fairness, insofar as the launching and unfolding of the evidentiary debate requires lifting the veil of algorithmic opacity: a colossal task, placing unrealistic burdens of proof on claimants and respondents. Algorithmic discrimination thus seems impossible to prove and, consequently, falls outside the scope of application of EU non-discrimination law. Two possible solutions are proposed. First, as regards effectiveness, a right to access evidence in favour of victims of algorithmic discrimination should be recognized, through a joint reading of EU non-discrimination law and the General Data Protection Regulation. Second, to allocate the burden of proof more proportionately, an extension of the grounds for defence of respondents could allow them to establish that biases were autonomously developed by an algorithm.
Consumer sovereignty and competition law: From personalization to diversity
Authors: Graef Inge
Published: March 2022

Data-driven technologies provide businesses with ever stronger abilities to engage in behavioural manipulation, steer consumer preferences, and exploit individual vulnerabilities. The article argues that competition law needs to give more prominence to consumer sovereignty and consumers’ freedom of choice in response to the rise in personalized forms of consumer exploitation by dominant firms, whose harm goes beyond the scope of the remedies offered by data protection and consumer law. Analysing the scope to establish exploitative abuses under Article 102 TFEU, the article discusses how personalization challenges current competition concepts, and submits that competition analysis needs to be adapted at the stage of assessing abuse to address competitive harm from personalization. The article proposes recognizing “personalized exploitation” as abuse of dominance by incorporating dynamic consumer vulnerabilities into the competition analysis and by assessing anticompetitive effects against a “personalized welfare standard” of those exploited instead of against the overall consumer welfare.
Similar, yet different: The Work-life Balance Directive and the expanding frontiers of EU non-discrimination law
Authors: Bell Mark , Waddington Lisa
Published: March 2022

The 2019 Work-life Balance Directive prohibits discrimination when workers exercise the rights contained in the Directive, which include rights to take leave for reasons related to caring responsibilities and the right to request flexible working arrangements for caring purposes. This article explores the relationship between the Work-life Balance Directive and EU non-discrimination law. It analyses the provisions of the Directive related to non-discrimination and compares these to equivalent provisions found elsewhere in EU non-discrimination law. It argues that the Work-life Balance Directive should be regarded as forming a new branch of EU non-discrimination law. Such a characterization will be important for its interpretation by the Court of Justice. This is also significant for our understanding of how EU non-discrimination law is evolving.
Study on China’s Judicial Review Mechanism of the Administrative Emergency Acts under Critical Situations
Authors: Tang Leyan
Published: March 2022

In recent years, emergencies have appeared a high frequency of occurrence. And administrative emergency power has performed its powerful functions in minimizing personal injury or death or property losses caused by emergencies. However, the rapid expansion of administrative emergency power has also resulted in many improper or illegal problems during the enforcement process. Therefore, as an interest balance mechanism, when judicial power intervenes in emergency actions, special arrangements should be made on its specific rules to distinguish it from the judicial review of normal administrative acts, and the principle of balance and limit should run through the system construction to innovate and reconstruct the judicial emergency review mechanism, so as to give an effective play to the main function of judicial review mechanism in protecting human rights, supervising administration and coordinating public and private interests.
Research on the Education of Obsessive-compulsive Disorder Group in Colleges and Universities
Authors: Li Yichen
Published: March 2022

Obsessive-compulsive disorder (OCD) has been diagnosed as a mental disorder in Western psychiatric medicine. OCD refers to a mental illness mainly manifested by Obsessive thoughts and compulsive movements. This disorder results in intense internal conflicts, inability to prevent themselves, and great pain in patients. Although patients can control and resist the symptoms to the utmost, they can never change some ideas and impulses. If this disease cannot be effectively controlled, it will bring significant impact and pain to patients. For college students, the influence of Obsessive-compulsive disorder is undoubtedly huge, it is necessary to pay enough attention to this university. This paper first made a brief overview of Obsessive-compulsive disorder, introduced the symptoms and effects of Obsessive-compulsive disorder, analyzed the performance of college students under the school background of Obsessive-compulsive disorder, finally combined with the actual put forward several effective education strategies. Nowadays, many students who suffered from OCD have drawn tensive attention to us all, human beings should take action towards it.
Research on the Cooperative Education Effect of "Ideological and Political Curriculum" and Ideological and Political Theory Courses
Authors: Zhao Fei , Zheng Wenbin , Gao Xinwei
Published: March 2022

"Ideological and political curriculum" and ideological and political theory courses cooperation education is the necessary requirement for universities to implement the fundamental task of "cultivating people with morality", is the need of university students' own development, is the objective requirement to cope with the world unprecedented changes. In order to enhance the synergistic education effect of "curriculum ideological and political education" and ideological and political education, it is necessary to grasp the key of teachers, to take the construction of curriculum system as the important starting point, to give full play to the role of classroom teaching as the main channel, and to establish and perfect the corresponding operation mechanism.
Criteria for Judging the Effectiveness of Guardians’ Consent
Authors: Lv Xinran , Zheng Ke
Published: March 2022

The rapid growth of data interests may increase the risk of damage to the interests of minors. Although there is a system of informed consent by guardians in the existing legal system, the restrictions on the validity of consent are vague, resulting in a large number of ineffective consents that violate the interests of minors. As for the restriction of the validity of consent, the representative theories in academic research are the " scene justice theory " and the " justifiable purpose theory ". In this paper, we adopt the Cost-revenue analysis method to analyze the costs and revenue of the two doctrines and compare the net profit. Then, the Cost-revenue analysis of the " scene justice theory " as a perfection proposal and the existing system was conducted, and the conclusion was drawn. The proposal can protect the economic and personal interests of minors, and the cost of operating the system is low and fixed, and the cost of obligations is also low. In terms of net profit, the proposed improvement is better than the status quo, and the " scene justice theory " should be introduced as a criterion for judging the effectiveness of guardians' consent.
Study on Improving the Ability of Innovation and Entrepreneurship for Science and Engineering Students in Colleges based on Ideological and Political Education
Authors: Xu Bin , Zhang Haixia
Published: March 2022

Ideological and political education was put into practice for college students since 2017 in all professional courses and practical courses. In this study, 138 college students from colleges students majoring in the applied chemistry are selected as the research objects, with an average age an age range of 17-23 years. The post-graduate enrollment rate, the innovation and entrepreneurship training program, the papers published and authorized patents of students and the awards of subject contest of students in recent four years were counted and analyzed. The results effectively prove that ideological and political education can help to improve the ability of innovation and entrepreneurship for science and engineering students in colleges.
School Educational Reform in China Today
Authors: Qu Shufang , Koay Hun Lee
Published: March 2022

With so many years of practice and theory research, the education of China has made tremendous progress. The reform in the school education has been so successful that the quality of education has been improved greatly. In this article, the problems have been analyzed and discussed-- moral education, Student-centred, integrated education, fair education, etc.
Assessing Implicit and Explicit Math-gender Stereotypes in Chinese adults
Authors: Liu Yiping
Published: March 2022

The questionnaires and Implicit Association Test were used to investigate the explicit and implicit Math-gender stereotypes of Chinese college students, which refers to the implicit notion that men are better at mathematics than women and women are better at reading than men. It was found that there was no explicit Math-gender stereotype overall, but there was clearly an implicit Math-gender stereotype.
Government Guarantee System for Rural Left-behind Children’s Right to Receive Education: Status Quo, Deficiencies and Suggestions
Authors: An Xuewei
Published: March 2022

The growing economic and social development has led to an increasing number of rural Left-behind children, causing a lot of problems, and the issue of education is the most prominent one that gains more and more attention from the whole society. The rural revitalization strategy cannot progress well without revitalizing education. Guaranteeing the right to receive education for children left behind is a prerequisite and basis for optimizing the education in rural areas. In recent years central government has issued a number of directives and ordinances that play a positive role in effectively protecting the educational rights and interests of rural left behind children. This paper aims to analyze the current situation and content of the government guarantee system that ensures the right to education of rural left behind children from a macro perspective, evaluate on its shortcomings and put forward relevant suggestions.
Empirical Study on the Impact of Bio-energy Policy on Economy based on Decision Tree Classification
Authors: Wang Yirong , Yang Chengyue , Liu Xiyang
Published: March 2022

China is currently in the critical stage of strategic structural adjustment, and the successful structural transformation not only means a qualitative leap in China's overall economic development, but also plays an important role in improving China's energy utilization efficiency. Facing the double pressures of international energy security and environmental degradation, biomass energy, as a new renewable energy source, has attracted unprecedented attention from all countries in the world. Developing biofuels has become a guide of energy policies in many countries including China. In this paper, a decision tree classification model is established to measure energy efficiency. Through theoretical analysis and empirical research, the impact of Bio-energy policy changes on economy is explored. The empirical results show that the adjustment of industrial structure has a significant impact on energy and environment, and the variables are highly sensitive, and the marginal cost of emission reduction is increasing. The conclusion of the study has forward-looking reference value for implementing the strategy of energy diversification and substitution, developing bioenergy and adjusting the policy system of agricultural development.
Study on the Misconduct of the Fandom under the Control of Capital
Authors: Cao Yanzhe
Published: March 2022

With the development of the network and idol culture, “fandom” culture has gradually emerged. However, in this era of consumerism, strong involvement of capital has manipulated fandoms with an invisible hand, causing many chaos and seriously affecting the social order. Some undesirable phenomena been commonly seen in other circles of society, bringing life impact to others. To solve the negative problems in fandoms, we must find the root cause behind the proliferation of the problem, collaborate to establish rules and boundaries, cut off the illegal industrial chain behind “fandom” culture, and then build organized fan clubs and show positive energy in society.
Study on the “Defamiliarization” Narrative in Mo Yan’s Novel the Republic of Wine
Authors: Lin Shuxin
Published: March 2022

Mo Yan understands the narration of defamiliarization profoundly. With his extraordinary creative personality, compassionate human feelings, and unique aesthetic judgment, he makes pioneering exploration and innovation in his novel The Republic of Wine. The defamiliarization of the novel’s language is firstly reflected in the change of the name, and the renewal of the semantic connotation gives the work a “new” and “defamiliarized” characteristic. As the core imagery and aesthetic element, the meaning of “wine” extends to the connotation and reflection of nationality. At the same time, the novel’s ironic rhetoric gives the plain words a strong critical meaning. Furthermore, the novel adopts a variable narrative point of view and a changing narrative subject, so that the story presents a rich plurality in pursuing the value of the subject and exploring artistic methods, overflowing with the brilliance of interweaving the real and the fantastic, overlapping the realistic and the absurd, reflecting the torture of human nature and the search for the soul in a defamiliarized expression with modern temperament and contemporary spirit.
Reclamación civil por deficiente asistencia sanitaria pública
Authors: Sempere Navarro Antonio V.
Published: March 2022

Diversas reformas normativas (LOPJ, LJCA, LRJS, Ley 30/1992) apuntaron hacia la jurisdicción contenciosa como la única competente para conocer las reclamaciones sobre responsabilidad patrimonial de la Administración Pública, en particular cuando se trata de eventuales deficiencias en la asistencia sanitaria por ella prestada. Sin embargo, la Jurisdicción Civil considera que, en tal orden jurisdiccional, subsiste la posibilidad de acción directa frente a la Compañía Aseguradora de tal responsabilidad. La STS-CIV (pleno) 321/2019 ha intentado poner orden en ese embrollo, por lo que el estudio se centra en aquilatar su contenido y en reflexionar acerca de sus implicaciones.
Pernikahan Usia Lanjut Perspektif Maqasid Al-Syariah: Antara Problem Dan Tantangan (Analisis Praktik Pernikahan Lanjut Usia di Desa Komis Kecamatan Kedungdung Kabupaten Sampang)
Authors: Hidayatullah Sahrul , Andi Arfian
Published: March 2022

Pernikahan Usia Lanjut Perspektif Maqasid Al-Syariah:
Antara Problem Dan Tantangan
(Analisis Praktik Pernikahan Lanjut Usia di Desa Komis Kecamatan
Kedungdung Kabupaten Sampang)
Utilization of Household Organic Waste As Solid Fertilizer With Maggot Black Soldier Fly (BSF) As A Degradation Agent
Authors: Deffi Ayu Puspito Sari  , Darmono Taniwiryono  , Richa Andreina  , Prismita Nursetyowati1  , Diki Surya Irawan  , Aqil Azizi  , Prima Hadi Putra
Published: March 2022

Household waste still becomes a national problem as it causes air, soil and water pollution and disturbs aesthetics. For this reason, comprehensive and integrated waste management from upstream to downstream needs to be carried out in order to provide economic and health benefits for the community and be safe for the environment. Organic waste processing can be performed using black soldier fly (BSF). BSF is a type of fly that can eat household organic waste, making this fly is widely used as an alternative to processing organic waste, especially from households. This research uses an experimental method of cultivation scale and produces a by-product in the form of solid fertilizer which then compared with the Decree of the Minister of Agriculture of the Republic of Indonesia No. 261 of 2019 concerning Organic Fertilizer, Biological Fertilizer and Soil Improvement. From laboratory tests, the parameters of C-organic, C/N, by-products, pH, macronutrients, heavy metals, micronutrients, and biological analysis met the quality standards.
Effect of Giving Organic Waste-Based Poc To The Growth of Kailan Plants (Brassica Oleracea L)
Authors: Yeni Ika Pratiwi  , Nurul Huda  , Eko Wahono
Published: March 2022

This study combined the use of variable doses of liquid organic fertilizers made from organic waste, wich a Factorial experimental study that uses a Randomized Group Design (RAK) consisting of 2 treatment factors. Factor I treatment is a type of POC raw material consisting of 7 levels: P0= Comparison without the provision of liquid organic fertilizer, but given basic fertilizer; P1= Given POC made from a mixture of materials 2 to 7; P2=Given POC made from vegetable waste (tomatoes and mustard);  P3= Given POC made from waste fruits (bananas and papaya); P4= Given POC made from germinated waste; P5= Given POC made from waste food catering; P6= Given POC made from catfish waste;  P7= Given POC made from animal slaughterhouse waste (cow's blood). The treatment of Factor II is the concentration of POC giving includes 3 levels, namely: K1= POC concentration of 4%=40 ml/ liter of solution; K2= POC concentration of 8%=80 ml/liter solution; K3= POC concentration of 12%=120 ml/liter of solution. The parameters of observations made on kailan plants include: the number and length of the plant. By comparing the concentration treatment of K1, K2 and K3 mentioned above, the K2 treatment (concentration of 8% POC) exerts a better influence than the treatment of K1 and K3, although it is not real from the K3 treatment. This shows that the use of POC made from organic waste with a concentration of 8% POC provides a significant influence that can play a role in increasing soil fertility and plant productivity.
Abstain Voter (Golput) On Implementation Simultaneous Regional Head Elections (Pilkada) In Surabaya During The Corona Pandemic
Authors: Andy christanto santoso  , Woro Winandi
Published: March 2022

The implementation of simultaneous regional head elections (Pilkada) during the Covid-19 Pandemic was faced by the people of Indonesia in 2020. The East Jave government especially issued several regulations where all of these regulations have the same purpose, namely limiting social interactions or it can be called PSBB vol. 1, PSBB volume 2, PSBB volume 3. on December 9, 2020, Indonesia will carry out the Pilkada. From the past Pilkada experience, the number of people interested in casting their votes has decreased over time. Based on the spirit or mother of all laws in Indonesia. Does it reflect social justice for all Indonesian people? What innovations should the government make during this pandemic so that there is no clash between regulations issued during this pandemic?