bluuebunny/crossref_metadata_2025_split huggingface dataset:
Constitutional Pluralism Is Not Dead: An Analysis of Interactions Between Constitutional Courts of Member States and the European Court of Justice
Authors: Bobić Ana 
Published: March 2019

The theory of constitutional pluralism as advanced by MacCormick and Walker witnessed immense success in its attempt to explain the relationship between courts of Member States performing constitutional review and the Court of Justice. Despite its success, the theory has often been criticized for its lack of normative prescriptions and legal certainty in resolving the question of the final arbiter in the EU. It is the aim of this Article to address and move beyond these criticisms by introducing and exploring the auto-correct function necessary for the proper and balanced functioning of the pluralist system.The auto-correct has the function of preventing an outbreak of conflict between the constitutional jurisdictions involved—in the EU judicial architecture, an awareness on the part of all the actors involved of the benefits of a pluralist setting results in conflict management and control. The auto-correct function operates as follows: in the EU as we know it, issues prone to constitutional conflict arise regularly, and both the Court of Justice and national constitutional jurisdictions are able, through their respective procedural avenues, to control the extent of the conflict. There are also two legal imperatives driving this dynamic in two opposite directions—the principle of primacy of Union law on the one hand, and the obligation to respect the national identity of Member States on the other.As analyzing judicial behaviour shows, the application of self-restraint and mutual accommodation avoids a clash between parallel sovereignty claims on EU and national levels. In particular, national and EU law interaction demonstrates the existence of in-built conditions for the auto-correct function's application, such as the principle of EU-friendly interpretation in national constitutional law, or the national identity clause in primary EU law. The auto-correct function manifests itself and brings about a balance between the different constitutional orders only through the interaction of parallel claims to sovereignty.
Ernst-Wolfgang Böckenförde's Oeuvre on Religious Freedom Applied to Recent Decisions of the European Court of Human Rights
Authors: Sacksofsky Ute 
Published: March 2019

In Europe, issues concerning religious freedom are hotly debated. Many courts had to consider cases concerning infringement of religious freedom. This Article will focus on three examples: Headscarves, burqas, and crucifixes. Often, the interests of members of minority religions have lost in European courts and European constitutional courts. This is particularly true considering the decisions of the European Court of Human Rights. The European Court of Human Rights upheld bans on headscarves for students in universities and public secondary schools, as well as for teachers in public schools. The Court also accepted bans on full-body veils worn in public areas. Finally, mandatory crucifixes in public schools have been deemed to conform to the standards set by the European Convention on Human Rights. In all of these cases, the European Court of Human Rights has not adequately construed religious freedom as a strong right.This is where the work of Ernst-Wolfgang Böckenförde comes in. Böckenförde has thoroughly discussed the proper role of religion in a democratic society. Coming from a theoretical starting point, he developed an understanding of religious freedom as a strong right. He also explained why State neutrality should be understood in terms of open neutrality. Both perspectives help to more fully explain the scope of religious freedom.
International Business Encounters Organized Crime: The Case of
Trafficking in Human Beings
Authors: O'Neill Maria 
Published: March 2019

AbstractWith increasing globalization, transnational crime in general, and human
trafficking in particular, a design of new legal framework is required in
order to effectively operationalize interstate law enforcement operations
and prosecutions. The development of a transnational criminal legal
framework—or frameworks—can build on pre-existing transnational economic
frameworks. There is also the need to extend the application of domestic law
beyond national borders to influence transnational corporate behavior.
Regulations based on reflexive law are one possible approach. Teubner's idea
of reflexive law has been informing developments in this area. This approach
uses traditional national law to inform corporate governance strategies in
order to achieve effects on the market. A few jurisdictions have already
adopted measures modeled on this approach to tackle human trafficking and
slavery-like conditions in global supply chains. Weaknesses in the
approaches adopted by the UK and the State of California have already been
identified. If strengthened, this approach could be adopted in more
jurisdictions—including the EU—and also to combat more areas of
transnational crime—such as money laundering. This paper will examine the
resulting challenges using human trafficking as a case study.
Prosecuting EU Financial Crimes: The European Public Prosecutor's Office in Comparison to the US Federal Regime
Authors: Díez Carlos Gómez-Jara , Herlin-Karnell Ester 
Published: March 2019

AbstractWhy is the fight against financial crimes such a central task for the EU? The EU has a strong interest to counter financial crimes and fraud against the EU budget as those crimes—so the EU legislator's claim is—hamper the trust in the market and undermine consumer confidence to engage in internal market transactions. In this Article, we aim to discuss the establishment of the European Public Prosecutor Office as a federal agent and the effects of this agent for establishing a robust EU financial crimes regime. Comparisons with the US system of US Attorneys—federal prosecutors—will be drawn to show that this institution has been quite effective at enhancing the protection of US financial market. The Article will then discuss to what extent the EU can, and should, learn from the American experience. We are particularly interested in the strong security focus in the EU and its consequences when it ventures into the area of financial crimes.
The EU's Fight Against Corporate Financial Crime: State of Affairs and Future Potential
Authors: Franssen Vanessa 
Published: March 2019

AbstractConsidering the European Union's efforts to tackle various forms of financial crime more effectively, especially since the financial crisis of 2008, one would expect that the Union has also been strengthening its grip on national law with respect to corporate financial crime. Instead, this Article finds that the EU approach to corporate financial crime has actually not evolved that much over the past two decades. Moreover, this Article demonstrates that EU law still fails to sufficiently take into account the specific features of corporate entities (as opposed to individuals), as well as to fully exploit the potential strengths of a criminal law approach, as opposed to an administrative or civil law approach. In the author's view, the EU should more carefully consider the objectives and strengths of different kinds of enforcement mechanisms and adopt a more coherent approach, particularly with respect to corporations. Furthermore, when it comes to corporate punishment, the EU seemingly lacks ambition and creativity. EU legal instruments focus strongly on fines while insufficiently exploring other, potentially more adequate sanctions to achieve certain punishment goals. Ultimately, this may undermine the effectiveness of the EU's fight against corporate financial crime.
Data Portability and Data Control: Lessons for an Emerging Concept in EU Law
Authors: Graef Inge , Husovec Martin , Purtova Nadezhda 
Published: March 2019

AbstractThe right to data portability (RtDP) introduced by Article 20 of the General Data Protection Regulation (GDPR) forms a regulatory innovation within EU law. The RtDP provides data subjects with the possibility to transfer personal data among data controllers, but has an impact beyond data protection. In particular, the RtDP facilitates the reuse of personal data that private companies hold by establishing a general-purpose control mechanism of horizontal application. Article 20 of the GDPR is agnostic about the type of use that follows from the ported data and its further diffusion. We argue that the RtDP does not fit well with the fundamental rights nature of data protection law, and should instead be seen as a new regulatory tool in EU law that aims to stimulate competition and innovation in data-driven markets.What remains unclear is the extent to which the RtDP will be limited in its aspirations where intellectual property rights of current data holders—such as copyright, trade secrets andsui generisdatabase rights—cause the regimes to clash. In such cases, a reconciliation of the interests might particularly confine the follow-on use of ported data again to specific set of socially justifiable purposes, possibly with schemes of fair remuneration. Despite these uncertainties, the RtDP is already being replicated in other fields, namely consumer protection law and the regulation of non-personal data. Competition law can also facilitate portability of data, but only for purpose-specific goals with the aim of addressing anticompetitive behavior.We conclude that to the extent that other regimes will try to replicate the RtDP, they should closely consider the nature of the resulting control and its breadth and impact on incentives to innovate. In any case, the creation of data portability regimes should not become an end in itself. With an increasing number of instruments, orchestrating the consistency of legal regimes within the Digital Single Market and their mutual interplay should become an equally important concern.
European Exceptionalism? — A Response to Alexander Somek'sThe Cosmopolitan Constitution
Authors: Larsen Signe Rehling 
Published: March 2019

AbstractA major contemporary shift in constitutionalism is manifest in that domestic constitutions, to an unprecedented degree, submit themselves to legal regimes and agencies beyond the state. This is epitomized in national courts taking into account foreign precedent within the system of the European Convention on Human Rights and the government of the Eurozone crisis by the executive apparatus of the European Union (EU). Alexander Somek'sThe Cosmopolitan Constitutionis one of the most important monographs that endeavors to conceptualize this contemporary shift in constitutionalism. This response, however, highlights that the EU plays an uneasy role in the tale ofThe Cosmopolitan Constitution.The argument presented is that there are reasons to question the Eurocentrism that posits European post-WWII constitutional developments as the epitome of contemporary global constitutional developments. These reasons relate to the particularity of the European post-WWII political and constitutional experiences and developments. In contrast to what is maintained by Somek, this response argues that contemporary European trends in constitutionalism do not point in the direction of a universal cosmopolitanism but express a distinct European particularity.
Beyond Judicial Councils: Forms, Rationales and Impact of Judicial Self-Governance in Europe
Authors: Kosař David 
Published: March 2019

AbstractA few years ago, judicial councils composed primarily of judges were viewed as a panacea for virtually all problems of court administration in Europe. The burgeoning literature on judicial councils has shown that this is not necessarily the case. This article builds on this literature, but it argues that judicial self-governance is much broader phenomenon than judicial councils and may also take different forms. Therefore, it is high time to look beyond judicial councils and to view judicial self-governance as a much more complex network of actors and bodies with different levels of participation of judges. To that end this article conceptualizes judicial self-governance and identifies crucial actors within the judiciary who may engage in judicial governance (such as judicial councils, judicial appointment commissions, promotion committees, court presidents and disciplinary panels). Subsequently, it shows that both the forms, rationales, and effects of judicial self-governance have varied across Europe. Finally, this article argues that it is necessary to take into account the liquid nature of judicial self-governance and its responsiveness to political, social, and cultural changes. Moreover, the rise of judicial self-governance is not necessarily a panacea, as it may lead to political contestation and the creation of new channels of politicization of the judiciary.
Judicial Self-Government and Judicial Independence: the Political Capture of the General Council of the Judiciary in Spain
Authors: Pérez Aida Torres 
Published: March 2019

AbstractThe General Council of the Judiciary is the main institution of judicial self-government in Spain. It was established to ensure the external independence of the judiciary, and in particular the independence of the judiciary vis-à-vis the executive branch of government. To what extent does the Judicial Council manage to fulfill its goal? First, the evolution of the Judicial Council will be presented in order to understand the principal reforms and reasons behind its creation. Next, the impact of the Judicial Council upon judicial independence, as well as accountability, transparency, and public confidence will be critically examined in order to assess its contribution to judicial legitimacy. In the end, it will be argued that the politicization of the Judicial Council has hindered it from protecting judicial independence from partisan interests, and has contributed to undermining public confidence in the judiciary.
Judicial Self Government in the Netherlands: Demarcating Autonomy
Authors: Mak Elaine 
Published: March 2019

AbstractBased on which values and to what extent does a specific legal system endorse a model of self-government of the judiciary? How is such self-government shaped? Which lessons can be drawn from practical experiences relating to major organizational reforms? This article addresses these questions with the aim of analyzing the influence of reforms of judicial self-government in the Netherlands on the realization of the core values of independence, accountability, legitimacy, transparency of, and public confidence in the judiciary. Furthermore, this article assesses the influence of reforms of judicial self-government on the separation of powers and democracy as organizing principles for the Dutch legal system. The main focus of the article is on the interaction between rule-of-law values and New Public Management (NPM) values for judicial organization, taking into account the meaning and weight of these values over time in the evolving Dutch legal system. Furthermore, the analysis addresses both the legal framework for judicial government and tensions that have occurred between key actors, in particular judges and the Council for the Judiciary, in their experiences with this legal framework in practice. A red thread which runs through this analysis concerns the demarcation of spheres of autonomy for the different actors in the judicial system. The analysis of organizational reforms clarifies that a dynamic interaction has developed between judges, the bodies for judicial self-government in the Dutch system and the Minister of Justice and Security, revolving around claims of autonomy. The evolved framework of rule-of-law and NPM values for the judicial organization provides a theoretical “lens” for understanding this interaction and its outcomes.
Judicial Self Government and the Sui Generis Case of the European Court of Human Rights
Authors: Çalı Başak , Cunningham Stewart 
Published: March 2019

AbstractIn this article we explore the operation of judicial self-government (JSG) at the European Court of Human Rights (ECtHR), paying particular attention to how JSG operates in the judicial selection procedures and in the administration of the court. We find that JSG at Strasbourg is highly variable with relatively weak levels of judicial influence on the selection of judges contrasted with a high degree of control over court administration. We go on to analyze how the dual nature of JSG at the ECtHR (strong post-election and weaker pre-election) promotes or hinders a range of values, namely, independence, accountability, transparency and legitimacy. We argue that the JSG practices at the ECtHR prioritize judicial independence at the expense of accountability. The picture with regard to transparency is mixed and while judicial decision making itself is fully transparent, wider JSG practices at Strasbourg are largely non-transparent. We note that legitimacy concerns were a key motivating factor in many of the key JSG reforms undertaken by the ECtHR in recent years and explore whether these have had the desired impact. We conclude by arguing that the differences in reach and form of JSG at the pre and post-election processes strike a careful balance in respecting the separation of powers and the democratic principle.
Self-Government at the Court of Justice of the European Union: A Bedrock for Institutional Success
Authors: Krenn Christoph 
Published: March 2019

AbstractThis contribution deals with a topic that has so far received scant attention: the administrative governance of the Court of Justice of the European Union (CJEU). Over the course of the last 65 years, the CJEU has developed its own particular version of judicial self-government. This article analyzes its genesis, its characteristic features and provides a comprehensive assessment. Three arguments are put forward: First, self-government at the CJEU can be associated with a number of positive effects for the Court as an institution. It contributes to keeping the Court out of the public limelight, to fostering its judicial authority vis-à-vis key compliance constituencies and to securing its judicial independence. Second, while strong forms of judicial self-government can lead to a lack of transparency and accountability, these problematic side effects have been largely avoided at the CJEU. This is, in many respects, due to the dialogic accountability relationship that has been established with the European Parliament in the context of the EU budgetary process. Nevertheless, third, as regards more recent developments, such as the establishment of an expert panel for selecting new CJEU members and the Court's legislative role in amending its own Statute, from the perspective of transparency, room for improvement exists.
The influence of May-Thurner syndrome on post-thrombotic syndrome in	young women
Authors: Kovač Ana , Janić Miodrag , Nuredini Dašmir , Kozak Matija 
Published: March 2019

Summary. Background: The mechanism for post-thrombotic syndrome (PTS), the most important long-term sequelae of deep venous thrombosis, is not entirely known. It is probably caused by venous hypertension due to venous insufficiency and venous obstruction. Venous hypertension could also be a consequence of the May-Thurner syndrome (MTS), i.e. the obstruction of the common iliac vein. The aim of the present study was to explore if women with untreated MTS and a history of proximal DVT develop PTS more frequently. Patients and methods: A cohort of 68 female patients with a history of proximal left-sided DVT in the past were evaluated. According to Villalta score, they were segregated in two groups – with and without PTS (Villalta score ≥ 5 or < 5 points, respectively). For the diagnosis of MTS, magnetic resonance venography was performed. Results: Out of 68 patients, 25 developed PTS (36.8 %). Recurrent DVT, older age, pre-existent chronic venous insufficiency, and shorter compression stockings wearing time were statistically related to PTS. Deep and superficial valve incompetence was also significantly related to PTS, while incomplete thrombus removal showed only a trend towards PTS development. On the other hand, MTS per se turned out not to be linked to PTS. Conclusions: Our study suggests that women with MTS might not develop PTS more often, which puts aggressive treatment of MTS under question. More clinical trials are warranted to further examine this yet not fully explained field.
Late Holocene Changes in Erosion Patterns in a Lacustrine Environment: Landscape Stabilization by Volcanic Activity Versus Human Activity
Authors: Lamair Laura , Hubert‐Ferrari Aurélia , El Ouahabi Meriam , Yamamoto Shinya , Schmidt Sabine , Vander Auwera Jacqueline , Lepoint Gilles , Boes Evelien , Fujiwara Osamu , Yokoyama Yusuke , De Batist Marc , Heyvaert Vanessa M. A. 
Published: March 2019

AbstractThe most recent eruption of Mount Fuji (Japan), the VEI 5 Hōei plinian eruption (CE 1707) heavily impacted Lake Yamanaka, a shallow lake located at the foot of Mount Fuji. Here we discuss the influence of the Hōei eruption on the lacustrine sedimentation of Lake Yamanaka using high‐resolution geophysical and geochemical measurements on gravity cores. Hōei scoria fallout had two major impacts on Lake Yamanaka: (i) reduction of the sedimentation rate (from ~0.16 to ~0.09 cm/year) and (ii) the increase of in situ lake productivity. Sedimentation rates after the eruption were relatively low due to the thick scoria layer, trapping underlying sediments in the catchment. The lacustrine system took more than ~170 years to begin to recover from the Hōei eruption: most recently sedimentation recovery has been accelerated by changes in land use. Since the beginning of the twentieth century, vegetated strips delimited cultivated parcels, trapping sediment and minimizing anthropogenic impacts on the sedimentation rate. Over the last decade, the decline of agriculture and the increase of other human activities has led to an increase in the sedimentation rate (~1 cm/year). This study highlights the effect of the grainsize of the volcanic ejecta on the sedimentation rate following a volcanic eruption. Coarse‐grained tephra are difficult to erode. Therefore, their erosion and remobilization is largely limited to intense typhoons when porous scoria deposits are saturated by heavy rains. Moreover, this study suggests that recent anthropogenic modifications of the catchment had a greater impact on the sedimentation rate than the Hōei eruption.
Quantifying Mass and Magnetic Flux Transport in Saturn's Magnetosphere
Authors: Neupane B. R. , Delamere P. A. , Wilson R. J. , Ma X. 
Published: March 2019

AbstractRadial transport is an important dynamical process in Saturn's internally driven magnetosphere. Radial transport is presumed to occur by a centrifugally driven interchange instability, determined by the gradient of flux tube content and flux tube entropy. Plasma produced in the inner magnetosphere must be transported radially outward. The outward motion of the plasma stretches the magnetic field lines, leading to magnetic reconnection. Reconnection allows the mass to be transported radially while allowing the flux to circulate back to the inner magnetosphere. Both radial transport of mass and magnetic flux in Saturn's magnetosphere have been estimated based on Cassani Plasma Spectrometer data provided by Wilson et al. (2017, https://doi.org/10.1002/2017JA024117) and suggesting the radial transport rate of plasma of around 55 kg/s. The net magnetic flux transport should be 0, but the data suggest a net outward magnetic flux transport indicating the existence of different possible transport mechanisms in Saturn's magnetodisc.