bluuebunny/crossref_metadata_2025 huggingface dataset:
Crisis de representación en las democracias presidencialistas latinoamericanas ¿La revocatoria del mandato como opción?
Authors: Eberhardt María Laura
Published: March 2022

La revocatoria es un mecanismo de participación que permite a los ciudadanos mantener el control sobre los gobernantes elegidos durante su mandato. Habilita a un número de electores insatisfechos con algún representante a reclamar elecciones especiales en las que puedan destituirlo. Fue incorporada desde fines de la década de 1980 junto con otros institutos directos para contrarrestar la crisis de los regímenes representativos introduciendo la participación popular en los procesos de política pública. Ciertas constituciones latinoamericanas la adoptaron en el ámbito nacional. Las normativas provinciales y locales resultaron incluso más prolíferas. Analizar cómo fue adoptada e implementada permitirá conocer su potencial y limitaciones como salida frente a la crisis de legitimidad de los funcionarios electivos, salvaguardando la estabilidad democrática especialmente en los rígidos sistemas presidenciales
El voto preferencial en el Perú
Authors: Campos Ramos Milagros Socorro
Published: March 2022

El artículo presenta una reflexión sobre los efectos del voto preferencial, en el marco del debate para su eliminación en el Perú. Muestra la tensión entre los partidos y sus representantes en el Congreso en el debate. Desarrolla de manera empírica las afirmaciones que han fundamentado la propuesta de eliminación: su relación con el incremento de la participación femenina, el transfuguismo y la disciplina partidaria. Concluye en la conveniencia de su eliminación en la medida que sea parte de una reforma integral que fortalezca a las instituciones democráticas, partidos políticos y Congreso.
Claustro de San Juan de Duero
Authors: Ávila Jalvo José Miguel
Published: March 2022

Este análisis constructivo del claustro de san Juan de Duero enumera un conjunto de indicios que por cantidad y generalidad permiten afirmar, con una certidumbre razonable, que sus arquerías fueron traídas de otros lugares y reconstruidas aquí. Se estudian también aspectos del terreno que las afecta: su pendiente y las posibles causas de la abundancia de agua en el subsuelo. Finalmente, se describe, en función de todo lo anterior, cómo pudo llevarse a cabo su implantación.
PENGARUH PENDIDIKAN DAN LINGKUNGAN KERJA TERHADAP KINERJA GURU PADA SMA NEGERI I MERAPI TIMUR KABUPATEN LAHAT
Authors: Rudi Eduar
Published: March 2022

Pendidikan merupakan salah satu faktor terpenting dalam rangka mewujudkan tujuan  nasional, dalam terminologinya pendidikan adalah usaha sadar dan terencana untuk mewujudkan suasana belajar dan proses pembelajaran agar peserta didik secara aktif mengembangkan potensi dirinya. Dalam konteks ini guru merupakan faktor kunci. Salah satu indikatornya adalah kebiasaannya untuk belajar dari pengalamannya diri sendiri guna meningkatkan kinerjanya dan kepuasan kerjanya. Untuk mencapai keberhasilan kerja, guru harus memiliki kompetensi dasar untuk melaksanakan tugasnya sebagai tenaga profesional. Tujuan yang ingin dicapai dalam penelitian ini adalah  untuk mengetahui pengaruh pendidikan terhadap  kinerja guru pada SMA   Negeri I Merapi Timur Kabupaten Lahat, untuk mengetahui pengaruh lingkungan kerja terhadap  kinerja guru pada SMA   Negeri I Merapi Timur Kabupaten Lahat dan untuk mengetahui pengaruh pendidikan dan lingkungan kerja secara simultan terhadap kinerja guru pada SMA Negeri I Merapi  Kabupaten Lahat. Berdasarkan hasil analisis data seperti yang telah disajikan pada tabel diatas, persamaan regresi yang didapat adalah :. Berarti bila tanpa adanya variabel pendidikan (X1) dan lingkungan kerja (X2), maka mempunyai Kinerja guru sebesar 48,921 Untuk menguji hipotesa yang telah dirumuskan ditolak atau diterima digunakan alat analisa uji t-test dan diperoleh hasilnya : Untuk variabel X1 nilai t-tabel (0,05: 33 ) yaitu 1,960 dan t-hitung 0,806 dengan demikian nilai t-hitung < t-tabel ( t-hitung < t-tabel ). Sedangkan Untuk variabel X2 nilai t-tabel (0,05: 33 ) yaitu 1,960 dan t-hitung 2,870 dengan demikian nilai t-hitung > t-tabel ( t-hitung > t-tabel ).
TEACOLHER - o olhar multiprofissional para o Transtorno do Espectro Autista: relato de experiência
Authors: Vasconcelos Darah Koller , Alves Leão Giovanna , Fernandes Souza Karina Maria , Dos Santos e Silva Loene , Gomes Pinho Brunno
Published: March 2022

Introdução: O Transtorno do Espectro Autista (TEA) é um distúrbio do neurodesenvolvimento, caracterizado por dificuldades na interação social e na comunicação em múltiplos contextos. Trata-se, historicamente, de tema estigmatizado e com pouca divulgação de informações, de maneira a afetar a qualidade de vida dessa população e também daqueles que convivem com ela.  A campanha “TEAcolher: Autismo além do Abril Azul” teve como principal objetivo ampliar o debate e levantar discussões entre os estudantes de medicina e a comunidade externa a fim de fomentar debates e ampliar o olhar multiprofissional sobre o TEA. Relato: A campanha foi realizada durante o mês de abril com postagens informativas nas redes sociais, com a participação de profissionais atuantes na área, além de familiares e indivíduos com TEA. A finalização da campanha se deu por meio de uma roda de conversa virtual com uma médica e uma advogada especialistas na população com TEA. Discussão: A participação de uma equipe multiprofissional pôde agregar nas discussões da roda de conversa, bem como nas produções midiáticas disponibilizadas nas redes sociais. A palestra teve participação efetiva dos integrantes e os profissionais abordaram a temática de modo objetivo tendo um excelente feedback sobre o evento. Conclusão: A experiência ao executar a campanha foi positiva e efetiva, visto que teve um alcance significativo nas redes sociais, participação de um público engajado e de profissionais que fazem parte de uma equipe multiprofissional e que puderam debater e abordar informações relevantes acerca do tema, além da participação de familiares e protagonismo de indivíduos com TEA na conscientização acerca do espectro.
Effect of Humanistic Nursing on Preoperative Anxiety, Postoperative Pain Relief and Prognosis of Colorectal Cancer Patients
Authors:   Department of Gastro-colorectal Surgery, China-Japan Union Hospital of Jilin University, Changchun, Jilin Province, China, Liang Jing , Tian Xiaofeng ,   Department of Gastro-colorectal Surgery, China-Japan Union Hospital of Jilin University, Changchun, Jilin Province, China, Yang Wei ,   Department of Gastro-colorectal Surgery, China-Japan Union Hospital of Jilin University, Changchun, Jilin Province, China
Published: March 2022

Objective: This research aimed to probe into the effect of humanistic nursing on preoperative anxiety, postoperative pain relief and prognosis of colorectal cancer (CRC) patients. Methods: Ninety-eight CRC patients who received surgical treatment in our hospital from January 2018 to June 2019 were selected as the research participants. They were randomized into observation group (OG) and control group (CG). The former was given humanistic nursing while the latter was given routine nursing. The preoperative and postoperative psychological condition, treatment effect, nursing satisfaction, VAS score after nursing, occurrence of complications, postoperative recovery and relevant serum indexes of patients were evaluated. Results: Before surgery, there was no marked difference between both groups (P>0.05). While after surgery, patients in the OG had good treatment effect and high nursing satisfaction, and their VAS scores were dramatically lower than those in the CG. The postoperative psychological condition including self-evaluation and other evaluation anxiety and depression scores were also obviously lower than those in the CG. Serum related indexes such as CD3+, CD4+, CD8+ T lymphocyte and albumin levels were dramatically better than those of the CG, and plasma motilin level was also optimized dramatically. The diamine oxidase, D-lactic acid and lipopolysaccharide levels were the functional indexes of intestinal wall barrier, which were also obviously lower than those of the CG. The incidence of postoperative complications in the OG was low (P<0.05). Conclusion: Humanistic nursing is a kind of nursing method worthy of promotion for relieving postoperative anxiety and depression of CRC patients, reducing postoperative pain and improving prognosis.
EFEKTIFITAS PENDEKATAN SANTIFIK DALAM MENINGKATKAN KEAKTIFAN DAN HASIL BELAJAR RANAH KOGNITIF SISWA KELAS IV (Study Eksperimen di MI Maulana Maghribi Pundong Bantul)
Authors: Asrofi Muhammad
Published: March 2022

This writing is motivated by the lecture method that puts forward the teacher center principle which is often used by teachers who have the potential to be a source of lack of student activity in science learning at MI Maulana Maghribi. An innovative approach to learning by prioritizing the role of students is possible to provide space for student activity. The scientific approach which is motivated by teaching and learning activities that are less passive in providing a stimulus for student activity and changing the paradigm from teacher oriented to student oriented is possible to bring about changes both in relation to learning outcomes and student activity. This writing is quantified using a quasi-experimental design with one group pretest posttest design. This writing aims to reveal the effectiveness of the application of the scientific approach in increasing the activeness and learning outcomes of science subjects in grade IV at MI Maulana Maghribi, Bantul, Yogyakarta. The results of the descriptive test reveal that learning with a scientific approach has not been able to increase student learning activities optimally. The results of the different test of learning outcomes between before and after the application of the scientific approach in learning got a t-hit coefficient = 5.589 with p ≤ 0.05 (significant), learning outcomes after application (x̄ = 67.27) were higher than before the application (x̄ = 48.52). Based on these results, it can be concluded that the application of a scientific approach to science lessons for fourth grade students at MI Maulana Maghribi Pundong Bantul, Yogyakarta on the 2015/2016 Academic Year: 1) Not optimal in increasing student activity in science learning, 2) Successfully improving science learning outcomes.
Evaluation of Pharmacotherapies for Alcoholic Liver Disease: A Retrospective Real-World Evidence Study
Authors: Shah Sandip , Gupta Sunil
Published: March 2022

Background: Ursodeoxycholic acid (UDCA), a hepatoprotective agent demonstrates several beneficial effects on liver biochemistry measures and thus, it might be useful for the management of Alcoholic liver disease (ALD). Objective: To evaluate the pharmacotherapies for ALD using retrospective real-world evidence. Methods: In this retrospective study, the Electronic Medical Records (EMRs) of patients with ALD who were prescribed various pharmacotherapies between January 2021 and April 2021 at two Indian healthcare settings were reviewed. The effectiveness outcomes were assessed in terms of mean difference and proportion of patients showing improvement in the levels of liver enzymes (Aspartate aminotransferase [AST], Alanine aminotransferase [ALT] and γ-glutamyl transferase [GGT]) and conjugated bilirubin from baseline to 30-days follow-up. Results: A total of 298 patients were included and divided into two study groups - scientific and herbal groups. The scientific group included patients prescribed with drugs like UDCA, pentoxifylline, ademetionine, metadoxine, and nutritional supplementation. The herbal group included patients prescribed with four different Herbal Preparations. Of 193 patients in the scientific group, a majority (76.7%; n=148/193) of the patients received UDCA; of these, 107 patients' data were available at the 30-days follow-up. In the herbal group (n=105), a majority (62.9%; n=66/105) of the patients received Herbal Preparation 1, and 78 patients had data at follow-up. The elevated levels of liver enzymes (AST, ALT, GGT) at baseline were significantly reduced (p<0.05) at follow-up in patients prescribed with UDCA vs. Herbal Preparation 1. The change from baseline to 30 days in conjugated bilirubin was significantly higher in the UDCA vs. Herbal Preparation 1 (-45.2% vs. -33.5%, p<0.001). There was considerable improvement in the proportion of patients with elevated AST and ALT in the UDCA group. No serious adverse events were reported in either of the groups. Conclusion: The present study demonstrates that UDCA and Herbal Preparation 1 are majorly used in the management of ALD. UDCA has shown a substantial hepatoprotective effect as evident by significant improvements in the liver biochemistry of ALD patients as compared to the Herbal Preparation 1. Overall, the data from the current study suggests the use of UDCA as an initial therapy for ALD patients with altered liver enzymes.
PENGARUH TULISAN PERINGATAN KESEHATAN “HEALTH WARNING” DI KEMASAN PRINGLES TERHADAP KEPUTUSAN PEMBELIAN KONSUMEN
Authors: Saputra Muhammad Haris
Published: March 2022

Tujuan dari penelitian ini adalah untuk mengetahui pengaruh dari tulisan peringatan kesehatan “health warning” yang ada di kemasan pringles terhadap keputusan pembelian konsumen. Penelitian ini menggunakan metode analisis deskriptif data dikumpulkan melalui survei online kepada responden, dalam penentuan sampel menggunakan metode convenience sampling dimana metode ini membolehkan siapa saja yang akan menjadi responden tanpa ada kriteria tertentu, didapatlah total responden berjumlah 66 responden. Hasil dari penelitian ini adalah rata rata konsumen tidak mengetahui bahwa ada tulisan peringatan kesehatan di kemasan pringles sehingga tulisan Peringatan kesehatan tidak mempengaruhi konsumen untuk membeli pringles, responden mengetahui ada tulisan peringatan kesehatan ketika mengisi kuesioner. Setelah mengetahui ada tulisan peringatan kesehatan konsumen akan mempertimbangkan untuk membeli pringles. Pringles sudah menerapkan aturan yang ada dalam Undang-Undang Nomor 18 Tahun 2012 tentang pangan. Saran yang diberikan penulis kepada pringles adalah menyampaikan kepada konsumen bahwa sudah memberikan peringatan kesehatan di kemasan. Karena ketika sudah memberikan tulisan peringatan kesehatan tetapi konsumen tidak tau tentu tidak akan mempengaruhi konsumen untuk membeli produk pringles.
Impact of Essential Fatty Acids Consumption in Combating Neurological Disorders
Authors: Aslam Maria , Mughal Hira Mujeeb , Rauf Shiza , Jamshaid Nawal , Pervaiz Sofia , Nadeem Rabiya , Amjad Hafiza Namra , Farooq Muniba , Khalid Areeba , Malik Hammad Saeed , Jabeen Shaista
Published: March 2022

Modernization of society have caused various momentous changes in dietary habits of people in this era of modern world. The modern dietary patterns are typically composed of Fatty acids mainly saturated fatty acids along with refined carbohydrates. This present-day diet together with a lifestyle with reduced physical activity is a major determinant of various metabolic disorders like obesity and diabetes. All these factors are also causing a gradual increase in the prevalence of cognitive disorders mainly depressive disorders and mood disorders. Neuroinflammation is the link between the metabolic disorders and cognitive disorders and this correlation is evident by significant clinical and epidemiological data. Fatty acids are of major interest as they have twofold functions. They are major contributors of modern diet causing obesity, diabetes and other metabolic disorders and on the other hand they serve as signaling molecules in the inflammatory responses. The difference lies in the choice of the fatty acids that are included as a part of daily diet. Saturated fatty acids are the ones should be avoided as they are the components of high caloric obesogenic diets whereas, polyunsaturated including Omega-6 and Omega-3 fatty acids must be consume through daily foods to prevent from Neuroinflammation considered to be the major cause of neuropsychiatric disorders.
Comparison of Jacobson’s Progressive Relaxation Technique and Laura Mitchell’s Relaxation Technique on quality of life and sleep in COPD Patients.
Authors: Mujahid Hajra , Zia Wajeeha , Ali Anas , Ahmed Mohtishim , Saqib Muhammad Shamoos , Shahid Abdul Majid , Arshad Muhammad Umer
Published: March 2022

Chronic Obstructive Pulmonary Disease is progressive respiratory disease characterized by cough, sputum, and shortness of breath due to increased airway resistance. The prevalence rate for COPD is about 2.1% with population of age 40 years. Long term effects of different treatments lead to decrease the quality of life.  Relaxation techniques are simple and improve the relaxation of whole body. Objective: The objective was to compare the effects of Jacobson’s and Laura Mitchell’s technique on  the quality of life and sleep in COPD patients. Methods: It was a randomized clinical trial. Sample size of 68 was calculated by keeping 95% confidence internal and 0.05 margin of error. Patients were induced through convenient sampling technique and then allocated  by simple randomization process by opaque sealed envelope into group A and Group B. Group A was treated with Laura Mitchell Relaxation Technique and group B was treated with Jacobson’s Progressive Relaxation Technique for 5 sessions per week for 2 weeks. Post treatment evaluation was done by assessing sleep quality through Pittsburgh Sleep Quality Index Questionnaire and quality of life via St. George’s Respiratory Questionnaire. Results: Data analysis was done by using IBM-SPSS 25. Mean and Standard deviation of age and Body Mass Index (BMI) were as group A 40.13 + 5.06 years comparable to group B as 38.63 + 5.04 years. Body Mass Index (BMI) in group A was 23.86 + 4.139 kg/m2, and in group B was 23.80 + 4.130 kg/m2.It was determined that both methods of relaxation improved quality of life and sleep in COPD patients in which Laura Mitchell’s Relaxation Technique was clinically more significant as compared to  Jacobson’s Progressive Relaxation Technique. Conclusion: It was concluded that both Laura Mitchell’s Relaxation Technique and Jacobson’s Progressive Relaxation Technique were effective on quality of life and sleep quality in COPD patients among stage 3 and stage 4 individuals. But Laura Mitchell’s Technique has greater clinical effects as compared to other technique.
Chemical Composition, Essential Oil Characterization and Antibacterial activity of Cumin (Cuminum Cyminum)
Authors: Iram Naila , Edwin Elishma Cedric
Published: March 2022

Family apiaceae, an important source of bioactive compounds, used for the treatment of many diseases since ages. Objective: Present study was conducted to explore active components of  Cuminum Cyminum essential oil. Endeavor of the current study was to investigate the phytochemical contents and antibacterial assessment of essential oil against gram positive and negative bacteria. Method: Essential oil was extracted from seeds by hydrodistillation, dried and stored at -4oC. physical and chemical characterization was done. Antibacterial activity was also determined. Results: GC-MS analysis revealed major components cuminal 35%, γ-terpinene 32%, α-terpinene-al 7%, γ-terpinene 4.45%, daucene 4.3%, and trans-caryophyllene 5.342%, some trace components like myrcene 0.12%, 1-8 cineole, and γ-terpinene-7-al were also present. Conclusion: Chemical components (cuminal, turpentine, daucene, caryophyllene) present in cumin essential oil is responsible for its biological activities.
Strength Measurement of Scapular Retractors In Female IT Workers Through Dynamometer
Authors: Hassan Areeba , Mehmood Anam , Niaz Mehwish , Aziz Rida , Tahir Hamza Tanzeel , Shehzadi Arifa
Published: March 2022

It is very important for the proper position orientation and motion of shoulder that all the muscles should function properly whereas scapular muscles having the key role in the normal function and stability of upper extremity and Cervical spine. OBJECTIVE: The objective of this research was to determine the scapular retractors strength in female IT workers. MATERIAL & METHODS: This was descriptive cross-sectional study conducted on females IT workers working at Arfa Karim Tower, Lahore. A sample of 35 IT workers were selected using nonprobability convenience sampling. After signing an informed consent each subject was assessed for strength of scapular retractors using handheld dynamometer. By using SPSS 22.0 we analyzed the provided data in which for the quantitative variables mean and standard deviation were used and for the qualitative data we use frequency and percentage. RESULTS: The mean strength of Rhomboids Major, Rhomboids Minor and trapezius middle fibers was 14.72 ± 2.91 lbs., 12.38 ± 2.62 lbs and 13.22 ± 3.43 lbs respectively. The average strength of scapular retractors of the dominating hand was 14.72 ± 2.91 lbs with a strength of ranging between10 lbs and17 lbs from minimum to maximum. The average strength of scapular retractors of the non-dominant hand was 12.38 ± 2.62 lbs with a minimum strength of 7 lbs and a maximum strength of 14 lbs. CONCLUSION: It is concluded that the strength of Rhomboids Major, Rhomboids Minor and Trapezius middle fibers was lower in female IT workers.
Baltramiejaus Vilento Enchiridionas (1 iki 1572, 2 1579): Tikėjimo išpažinimas
Authors: Judžentis Artūras
Published: March 2022

Straipsnyje toliau nagrinėjamas Baltramiejaus Vilento Enchiridionas (VE), šįkart jo antroji dalis – „Tikėjimo išpažinimo“ malda. Aiškinamasi maldos vertimo kilmė, ji tiriama filologiniu atžvilgiu. VE paskelbtą maldą palyginus su beveik visais ankstesniais jos vertimais, nustatyta, kad ją Vilentas ne iš naujo vertė, o tik šiek tiek paredagavęs paėmė iš Martyno Mažvydo giesmyno Giesmės krikščioniškos II dalies (MžG II) katekizmo, o čia ji buvo beveik be pakeitimų perkelta iš Formos krikštymo (MžFK). Maldos paaiškinimus, kurių nebuvo nei MžG II katekizme, nei MžFK, Vilentui teko versti pačiam arba pasinaudoti kokiu nors ankstesniu, dabar mums nežinomu jų vertimu. Esminiai žodžiai: Baltramiejus Vilentas; Martynas Mažvydas; Martinas Lutheris; vertimas.
Interim Measures in Community Courts: Recent Trends
Authors: Castillo de la Torre Fernando
Published: March 2022

The Court of Justice has jurisdiction under Articles 242 EC and 243 EC to entertain in interlocutory proceedings, first, applications for suspension of the operation of an act challenged by means of an action brought before it and, second, applications for other interim measures. The purpose of the procedure for interim relief is to guarantee the full effectiveness of the definitive future decision, in order to ensure that there is no lacuna in the legal protection provided by the Court of Justice. This article examines the recent trends in the case law of both Community courts. The three conditions for granting interim relief (a prima facie case, urgency, and the balance of interests) are examined in turn, as well as other questions of substance and procedure. The case law shows a constant tension between the principle of effective judicial protection and the limitations on the powers of the judge which derive from his/her constitutional role and the need to stay within the limits of the case and not to render meaningless the main case. One of the main transformations since the end of the 1980s is that the presentation has become more standardized and the orders generally contain more detailed reasoning. Although, the introduction of expedited procedures has reduced the need for interim proceedings in certain cases, this has had a limited quantitative effect on the number of requests for interim relief. In general, obtaining interim relief is a very difficult task for private applicants and Member States.
U.N. sanctions against individuals – A challenge to the architecture of European Union governance
Authors: Nettesheim Martin
Published: March 2022

In recent academic literature, EC cases such as “Yusuf”, “Kadi”, “Gestorias Pro Amnistía” and others have received a great deal of attention and commentary. The tenor of the scholarly debate has been on weighing the conflicting aims of protecting individual rights versus the effectiveness of the fight against international terrorism. These cases, however, also raise questions regarding the formulation and distribution of competences and responsibilities in the evolving architecture of European governance. It is argued here that two fundamentally different models could be used to conceptualize the relationship between the UN, the EU and the nation states with regard to judicial control of UN sanction measures: First, one could use the model of the (in principle) closed entity, that applies its own fundamental rights standards to the “intruding” law of a different entity and grants the power to invalidate its norms only to its own institutions. Second, one could conceive of this relationship also as an emerging network of actors in mutual cooperation, in which no recourse to the concept of closedness is made and in which actions are measured on the principles and standards of the legal order of the acting institution. The article discusses the implications of a shift from the first to the second model suggested by the CFI in “Yusuf” and “Kadi” and by AG Mengozzi in “Gestorias Pro Amnistía”.
Developments in EC competition law in 2006: An overview
Authors: Gray Margaret , Demetriou Marie
Published: March 2022

This article covers the major developments and general trends in EC competition law and policy in 2006. It discusses new EC legislation and other instruments adopted by the Commission of the European Communities, such as the steps taken to strengthen the Commission’s enforcement of the competition rules by the adoption of the 2006 Guidelines on the method of setting fines and the 2006 Leniency Notice. The decisional practice of the Commission is considered, in particular in the fields of cartels, fines and penalty payments, and merger control, along with recent policy initiatives, such as the potential roles of direct settlements of infringement proceedings and of private enforcement, primarily through damages actions for breaches of the competition rules. The case law of the Court of Justice and Court of First Instance during the period is surveyed. Important judgments regarding key concepts affecting the general application of the substantive provisions of Articles 81 EC and 82 EC, such as Meca-Medina, FENIN, SELEX and O2 Germany are addressed, as well as a number of rulings by the CFI on procedural issues, including certain rulings on the Austrian Banks — Club Lombard proceedings. Key case law on vertical agreements, such as GSK and Unilever Bestfoods is dealt with, as are the principal judgments concerning cartels and competitor cooperation, which principally focus on the levels of financial penalties imposed and largely confirm the Commission’s wide discretion in that area.
The case for a European system monitoring foreign investment in defence and security
Authors: Rapp-Jung Barbara , von Wogau Karl
Published: March 2022

European defence and security interests are at risk if undertakings and governments from other than EU countries can easily gain control of European defence and security equipment and technology. The authors therefore plead for the adoption of European rules designed to monitor foreign investments in the defence and security sectors. At this stage, such investments undergo no screening at all at EU level. National schemes exist in some Member States but can in an internal market easily be circumvented. Common rules designed to review the acquisition of substantial participations in European defence and security operators would considerably increase the autonomy, the security and the efficiency of the defence of the European Union and its Member States, particularly if implemented at EU level. Moreover they would form a corollary to the establishment of an internal defence market while at the same time supporting the reciprocity of the access of European industries to third country markets.
The Ever-longer Arm of EC law: The Extension of Community Competence into the Field of Criminal Law
Authors: Lynskey Orla , Dawes Anthony
Published: March 2022

The physical and legal borders of the European Community have been subject to a large number of changes in recent years. Throughout this period of transition Member States have sought to ensure that certain parameters remain unchanged. One such example is the province of Member States to determine which behaviour to punish by way of criminal sanctions. However, the recent judgments of the (ECJ) in the Cases C-176/03 and C-440/05 have changed these parameters by confirming that the European Community may provide for the imposition of criminal sanctions in certain policies. This article outlines these judgments and examines their impact, addressing a number of questions they left open. It also seeks to highlight the challenges the Community legislature will face should it seek to integrate criminal sanctions into EC legislation. While the shortfalls of the ‘double text’ situation cannot be denied, these flaws result from a deliberate decision by the Member States to attribute criminal competence to the EU under the Third Pillar, rather than to the EC under the First Pillar. It is thus unfortunate that such a consideration was not given greater weight by either the ECJ in its judgments, or the Commission in its extensive interpretation of the Court’s judgment in Case C-176/03.
Unravelling Ariadne’s thread: The European Ombudsman’s investigative powers
Authors: Tsadiras Alexandros
Published: March 2022

Introduction:

This article considers the investigative powers of the European Ombudsman. Despite the increasing intensity of focus and diversity of approach, issues pertaining to the Ombudsman?s investigative toolkit persistently remain a relatively under-explored subject of study in the relevant legal and political literature. The multitude and complexity of the doctrinal challenges and practical questions that these issues are capable of raising are highlighted by the Ombudsman?s current attempt to capitalize on his growing institutional stature and strengthen his investigative capacity.

The analysis begins by placing the discussion in its proper historical perspective and political context. The normative foundations of the Ombudsman?s investigative regime are then explored, and followed by an empirical examination of the Ombudsman?s investigative tools. An overall assessment of the emerging picture is then carried out and the inquiry concludes with some brief reflections.
Ratione temporis application of the preliminary rulings procedure
Authors: Pó?torak Nina
Published: March 2022

Until the greatest enlargement of the European Union in 2004, the question of inter–temporal application of the preliminary procedure had not raised any particular controversies. The ECJ adopted a very liberal approach towards the questions submitted by the courts of the new Member States, even if the application of the EC law in a particular case was doubtful. This line of judgments changed after the “big enlargement” in 2004. There are striking examples of this in the judgments issued on preliminary questions referred by the courts of the new Member States, in which the ECJ seemed to ignore the rules pertaining to the principles of the EU law application ratione temporis and the binding force of the national court?s assessment of whether the question is necessary to adjudicate the case. The article analyses first the principles of the applicability of EU law ratione temporis. Then it deals with the ECJ’s views as to the applicability of Article 234 EC in inter–temporal situations. This section is divided in two parts – dealing with the ECJ’s jurisprudence before the enlargement in 2004 and afterwards. In conclusion, it proposes how to define the boarderline for the use of the preliminary ruling procedure in inter–temporal situations for the benefit of both EU law and the national courts of the new Member States.
The European Court of Justice and its relations with the European Court of Human Rights: The quest for enhanced reliance, coherence and legitimacy
Authors: Harpaz Guy
Published: March 2022

Adopting legal–normative and political–governance perspectives, this article reviews the growing formal and informal relations that are developing between the EU and the ECHR human rights regimes, with a view to analysing the various reasons why the Luxembourg Court should rely on the Strasbourg Regime and on its jurisprudence in a more explicit, coherent, systematic and comprehensive manner. The article contends that such greater reliance may bring the EU abundant benefits in terms of enhanced and more coherent European human rights protection, reduced normative and jurisdictional tensions and resultant enhanced legitimacy, fairness, predictability, social and judicial acceptance and effet utile of the ECJ’s judgments. The article concludes that further desirable results of such a course of action would be improved and more harmonious relations with the EU Member States, the ECHR Members and the ECHR itself, and enhanced cohesive identity, internal and external legitimacy and global leadership.
Bilateral investment treaties and EU law
Authors: Eilmansberger Thomas
Published: March 2022

Recent developments have highlighted the complexity and potential for conflict in the relationship between bilateral investment treaties (BITs) and EC law. This article attempts to explore the intersection between these two norms. Its first part examines the division of powers between the EC and the Member States with regard to the conclusion of such treaties, both under the regime which would be introduced by the Lisbon Treaty and the present legal framework for external relations. The second part looks at the relationship between these agreements and the internal law of the EC. It seeks to identify those types of EC law provisions which, at least potentially, interfere with specific investment protection guarantees typically contained in bilateral investment treaties, and it then suggests rules for the resolution of such conflicts. In this regard a distinction between Member State BITs with third countries (which are considered to prevail over conflicting EC law), and BITs concluded between two Member States (which, both under relevant EC law and International Law principles, are subject to the supremacy of EC law) is made.
Crónica de una muerte anunciada:The Commission proposal for a “Directive on consumer rights”
Authors: Reich Norbert , Micklitz Hans-W.
Published: March 2022

The authors analyse and at the same time criticize the full harmonization principle, with its broad formulation in Article 4 of the Commission proposal for a Directive on consumer rights. It implies a complete, though “announced”, paradigm shift in EU consumer law from “minimum” to “full harmonization”, while at the same time considerably reducing the protective ambit of prior EC directives against the objectives of Article 153 EC. So far, the proposal seems to be inspired more by the unspecified and unproven belief that the completion of the internal market depends on identical rules in key areas of consumer contract law, such as pre–contractual information, sales law, and unfair terms, while it may only be acceptable in such specific cases as off–the–premises and distance contracts. The paper demonstrates how many open questions will arise the proposal is put onto the EU statute books. These coming controversies will necessarily detract from the original purpose of EU consumer law, namely to increase consumer confidence in the internal market and to give traders a comparable though not identical level playing field, but not to provoke extended litigation about the extent and scope of the full harmonization approach.
Competence distribution in EU external relations after Ecowas: Clarification or continued fuzziness?
Authors: Hillion Christophe , Hillion Christophe
Published: March 2022

The ECOWAS case – Case C–91/05, Commission v. Council (“ECOWAS” or “Small Arms and Light Weapons”), Grand Chamber Judgment of 20 May 2008 – provided the first opportunity for the Court of Justice to speak out on a legal base conflict between the first (EC) and second (CFSP) pillars, and to shed some light on the distribution of competence between the EC and the EU. Although the Court at first sight opted for a clear preservation of the acquis communautaire, the judgment has implications for the distribution of external competences, both between the pillars and in relation to the Member States. In that, the ECOWAS pronouncement is a milestone in the Court of Justice’s jurisprudence on the EU external competence and legal basis, on the functioning of the EU system of external relations and, more generally, on the present and future constitutional architecture of the Union.
The PNR Agreement and Transatlantic anti-terrorism Cooperation: No firm human rights framework on either side of the Atlantic
Authors: De Hert Paul , Papakonstantinou Vagelis
Published: March 2022

Seamless air commuting between the EU and the USA appears to constitute nowadays a much sought-after but nevertheless still elusive cause. The level of co operation between the two parties has had, and is still having, its best and worst days. The protection of individual privacy continues to constitute one of the causes for much controversy. In Europe, the formal recognition of a right to data protection, in addition to the right to privacy, has led to an elaborate framework for the protection of individuals; however, internal, institutional difficulties have frequently caused confusion as to the appropriate legal treatment of different situations. In the USA individual privacy and personal data are protected through a mixture of sources: Constitutional law, Supreme Court case law, federal legislation, sector-specific legislation, etc. The difference in approach is obvious and has fed European belief about having higher standards in protection of personal data. After 9/11, the request of American security authorities to have increased access to the personal data of passengers (PNR data) visiting the USA, inevitably led to yet another confrontation of the two systems. The conflict was attempted to be resolved by a First (2004) PNR Agreement, that was annulled by the European Court of Justice, then by an Interim PNR Agreement and, finally, by the, in effect, Second (2007) PNR Agreement. The paper attempts to bring forward the route to the conclusion of the PNR Agreements, as well as to asses the effectiveness of the policy choices and the PNR Agreement model itself for the protection of individual privacy.
Retail payments and the arduous road to SEPA
Authors: Van Empel Martijn
Published: March 2022

The article looks at recent developments in attempts to reduce the difference between costs of cross-border payments within the EU and those of domestic payments. It recalls earlier steps in relation to the creation of SEPA, the Single Euro Payments Area, in particular in relation to retail payments. The analysis focuses on the recently adopted Payment Services Directive (PSD), concerning the classic operations of placing cash on, and withdrawing cash from, a payment account but also the three categories of payment instruments which it had been agreed SEPA should concentrate on, viz. credit transfers, payment cards, and direct debits. In this context, the article examines the group of providers included in the Directive’s scope. It further deals with Transparency and information, the implementation of the Directive and the grace period allowed. Finally, it examines the Competition law aspects involved.
An Important Part of the EU’s Institutional Machinery: Features, Problems and Perspectives of European Agencies
Authors: Chiti Edoardo
Published: March 2022

This paper aims at contributing to the discussion on the overall assessment of European agencies and their possible developments. For this purpose, three main questions are tackled: (i) what are the European agencies’ distinguishing features that have emerged and consolidated in the almost two-decade long process of agencification in the EU legal order? (ii) how can such features be assessed and what problems do they raise? (iii) what perspectives can be envisaged in the development of the agencification process? The European agencies’ distinguishing features and the problems that they raise are considered by focusing on the main aspects in which the agencification process can be analysed: namely, the organizational architecture of European agencies; the powers conferred on them; the relationships between European agencies and national administrations; the “global dimension” of the administrative networks coordinated by European agencies; the mechanisms to keep European agencies under control; the legal limits of the establishment of new European agencies (and the Meroni doctrine).

As for the possible perspectives of the agencification process in the EU legal order, building upon current institutional debates and recent reform processes, two main possible lines of development are discussed: firstly, a substantial complication of the model, due to the gradual emergence, next to the European agencies of the type consolidated so far, of a “new type” of European agencies, which are independent vis-à-vis the market and EU political institutions, including the Commission; secondly, the expansion of agencification beyond the Commission’s sphere of influence and the establishment of European agencies serving European bodies other than the Commission.
Shortcomings in EU Data Protection in the Third and the Second Pillars. Can the Lisbon Treaty be Expected to help?
Authors: Hijmans Hielke , Scirocco Alfonso
Published: March 2022

This article discusses the role of data protection in the area of police and judicial cooperation (“Third Pillar”), as well as that of the Common Foreign and Security Policy (“Second Pillar”). In other words, data protection in areas of activities of the State where there is significant increase in the importance of storage and exchange of information, and access to this information, as instruments for ensuring security.

The article demonstrates that the present arrangements for data protection are not fully satisfactory. It focuses in particular on the shortcomings of the framework for data protection related to the pillar structure of the EU Treaty. In the Third Pillar, there are a number of legislative instruments applying to different situations. Framework Decision 2008/977 is not more than a first step towards a general framework for data protection. In the Second Pillar, there is no general legal framework and there are no specific rules. Furthermore, the pillar structure itself leads to unsatisfactory solutions which the case law of the Court did not fully compensate.

The article then analyses to what extent the Lisbon Treaty provides instruments to address these shortcomings. The Lisbon Treaty offers the necessary means to ensure an effective system of data protection applicable to all areas of EU activity. Much will depend on the content and on the timing of the legislation that will eventually be adopted on the basis of the new Treaty, in particular under Article 16 TFEU.
In Search of the Aim of the EC Free Movement of Persons Provisions: Has the Court of Justice Missed the Point?
Authors: Tryfonidou Alina
Published: March 2022

The Court of Justice has, over the years, often been vilified for exceeding the limits of its jurisdiction by interpreting the provisions of Community legislation in a way not seem originally envisaged by its drafters. A recent example of this approach was a cluster of cases in the context of the free movement of workers and the freedom of establishment (Ritter-Coulais and its progeny), where the Court included within the scope of those provisions situations which, arguably, did not present a sufficient link with their (economic) aim. In particular, in that case law the Court accepted that the mere exercise of free movement for the purpose of taking up residence in the territory of another Member State whilst continuing to exercise an economic activity in the State of origin, suffices for bringing a Member State national within the scope of Articles 39 and 43 EC. It is argued that the most plausible explanation for this approach is that the Court now wishes to re-read the economic fundamental freedoms in such a way as to include within their scope all economically active Union citizens, irrespective of whether their situation presents a sufficient link with the exercise of an economic activity in a cross-border context. It is suggested that this approach is problematic for a number of reasons. It is, therefore, concluded that the Court should revert to its orthodox approach, according to which only situations that involve Union citizens who have moved between Member States for the purpose of taking up an economic activity should be included within the scope of the market freedoms.
The European Union Civil Service Tribunal: A New Community Court Examined After Four Years of Operation
Authors: Kraemer Hannes
Published: March 2022

After four years of operation of the Civil Service Tribunal (CST), the article gives an overview over this new Community Court. Unlike the vast majority of other international organizations, in the EU the legal rules and judicial protection in staff matters are closely interconnected with other areas of law related to the organization’s core activities. However, long ago staff cases were discussed as apt for an institutional diversification of the Community jurisdictional system. The article sheds light on the genesis of the CST and the shaping of the set of rules governing its judicial activity. After presenting the status and structure of the CST as a new EU judicial body – notably its composition and trial formations, its jurisdiction and procedural links with the other Community courts – the article deals with the specific procedural rules applicable to the CST and how they are applied, including the aspect of court mediation. There follows a section on scrutiny mechanisms regarding judicial decisions of the CST (appeals to the CFI and further review by the ECJ of appeal decisions, with particular attention to the new concept of “risk of the unity or consistency of Community law being affected”). The article also attempts to identify some major tendencies in the case law of the CST and in particular that of an extension of both the scope and the standards of judicial control, inter alia by enhanced references to labour law. Finally, the question whether the CST should become a precedent for the establishment of specialized judicial panels in other fields of EU law fields, such as competition (especially mergers) or intellectual property, is discussed.