bluuebunny/crossref_metadata_2025_split huggingface dataset:
Characteristics of Precedent: The Case Law of the European Court of Justice in Three Dimensions
Authors: Derlén Mattias , Lindholm Johan 
Published: March 2019

AbstractThe case law of the Court of Justice of the European Union (CJEU) is one of the most important sources of European Union law. However, case law's role in EU law is not uniform. By empirically studying how the Court uses its own case law as a source of law, we explore the correlation between, on the one hand, the characteristics of a CJEU case—type of action, actors involved, and area of law—and, on the other hand, the judgment's “embeddedness” in previous case law and value as a precedent in subsequent cases. Using this approach, we test, confirm, and debunk existing scholarship concerning the role of CJEU case law as a source of EU law. We offer the following conclusions: that CJEU case law cannot be treated as a single entity; that only a limited number of factors reliably affect a judgment's persuasive or precedential power; that the Court's use of its own case law as a source of law is particularly limited in successful infringement proceedings; that case law is particularly important in preliminary references—especially those concerning fundamental freedoms and competition law; and that initiating Member State and the number of observations affects the behavior of the Court.
Selecting Judges in Poland and Germany: Challenges to the Rule of law in Europe and Propositions for a new Approach to Judicial Legitimacy
Authors: Sanders Anne , von Danwitz Luc 
Published: March 2019

The recent reforms of the Polish Judiciary have sparked a lively debate in Europe on the importance of judicial independence. This Article deals with the new Polish system of selecting and appointing judges and critically assesses it in the light of European standards for judicial appointments. It then compares the new Polish system to the German system of selecting judges, which has been advanced as a point of reference for the reform by the Polish government. Finally, the Article reconsiders and challenges some of the established concepts of German constitutional law as to the selection of judges and judicial legitimacy.The Article was closed on September 2, 2017 and accepted for publication. Subsequent developments could be included until March 15, 2018. The authors would like to thank Judge Thomas Guddat and theDeutsch-Polnische Richtervereinigung(Association of German and Polish Judges) for providing valuable details on the reforms in Poland.
Is It Time to Reform the Counter-terrorist Financing Reporting Obligations? On the EU and the UK System
Authors: Ryder Nicholas 
Published: March 2019

AbstractThis Article critically considers the effectiveness of the European Union's (EU) counter-terrorist financing (CTF) strategies. In particular, it concentrates on the use of financial intelligence gathered from the submission of suspicious activity reports (SARs) by reporting entities to Member States Financial Intelligence Units (FIU). The Article identifies a series of weaknesses in the United Kingdom's (UK) reporting regime: Defensive reporting, increased compliance costs, and the definition of suspicion. It concludes by making a series of recommendations that are aimed at improving the effectiveness of the EU and UK CTF reporting obligations.
“Breaking through the Foul and Ugly Mists of Vapours”— Regulation of Alternative Tobacco and Related Products by the New TPD and Exercise of EU Competence
Authors: Abaquesne de Parfourus Anatole 
Published: March 2019

AbstractDirective 2014/40—the new Tobacco Products Directive—was unsuccessfully challenged in three cases,Philip Morris,Poland v. European Parliament and Council, andPillbox 38. This Article examines provisions of the Directive relating to some alternative tobacco and related products, both in terms of exercise of EU competence and substantive regulation of these products. The main flavored tobacco products can no longer be placed on the market. Electronic cigarettes are regulated by the Directive, as the initial provisions of the Commission proposal were substantially amended. The new Tobacco Products Directive reproduced the prohibition of tobacco for oral use, already at issue in theSwedish MatchandArnold Andrécases, and again subject of another preliminary ruling reference by Swedish Match, the Advocate General's Opinion having concluded in its validity. The Directive also provides the possibility for Member States to prohibit categories of tobacco or related products. Parallel to its analysis of their substance in terms of health regulation, this Article considers European Union competence issues relating to these provisions and examines the adequacy of the Article 114 TFEU internal market legal basis as well as compliance with the principles of proportionality and subsidiarity.
Euthanasia and the Ethics of Free Movement Law: The Principle of Recognition in the Internal Market
Authors: van Leeuwen Barend 
Published: March 2019

AbstractThe free movement provisions enable EU citizens to follow their own ethical preferences by going to a Member State that has made a different ethical choice from their home Member State. However, UK citizens who have assisted suicide or euthanasia abroad could be criminally prosecuted on their return to England. This possibility of a criminal prosecution constitutes a restriction on free movement. Nevertheless, the free movement provisions have so far not been used to challenge the English prohibition of euthanasia. The aim of this article is to show that, based on its ultimate aim, free movement law does have a legitimate role to play in ethical issues. The internal market is based on a principle of recognition, which forces Member States to engage with regulatory choices made by other Member States. This also applies to ethical issues. Member States are not required to justify the existence of different ethical choices. However, if they decide to restrict free movement, they have to be able to show that these differences in fact exist. This approach achieves a balance between the right of citizens to make their own ethical choices, and the ability of Member States to protect their legislation on ethical issues.
Judicial Self-Government in Italy: Merits, Limits and the Reality of an Export Model
Authors: Benvenuti Simone , Paris Davide 
Published: March 2019

AbstractThe Italian model of judicial self-government is often presented as a successful example of institutional reform to be copied in young democracies. This paper provides a deeper and multifaceted image of it and takes stock of its performance in securing the independence and the accountability of the judiciary. It first maps the rationale and the actors of judicial self-government in Italy, stressing, in particular, that the Italian model of judicial self-government not only aims at preventing the influence of the judiciary by external powers, but it is also equally concerned by threats to judicial independence coming from within the judiciary. It then provides a longitudinal analysis of the impact of this model of judicial self-government on the values of the independence and the accountability of the judiciary after the establishment of the High Council of the Judiciary in 1958. While acknowledging the crucial role of this body in securing the independence of the judiciary, this article claims that the values of independence and accountability of the judiciary have been achieved only progressively and partially.
Romania: Perils of a “Perfect Euro-Model” of Judicial Council
Authors: Selejan-Gut̗an Bianca 
Published: March 2019

AbstractThe last three decades have brought important changes to the Romanian judicial system, especially concerning the struggle for independence and autonomy within the separation of powers equation. The internal and external context – i.e. the transition to democracy, after 1989, and the intention to join the European Union – determined an orientation towards the “Euro-Model” of judicial self-government. This has not come without difficulties and perils, both from the inside and from the outside. The article provides a comprehensive analysis of the Romanian system of judicial self-government in the context of these perils and emphasizes the link between the attempts to reinforce judicial independence and the anti-corruption fight, required by the supervision mechanism under which Romania has been placed at the moment of the EU accession. The increase in the number and intensity of such perils in the recent period has coincided with an increase in the number of high-level political corruption cases that have resulted in convictions. The article also discusses recent changes in the laws of the judiciary, which still are, partially, under parliamentary scrutiny, but which have raised serious concerns at the European level, as regards the progress made by Romania in achieving the objectives included in the Cooperation and Verification Mechanism.
Capturing the Judiciary from Inside: The Story of Judicial Self-Governance in Slovakia
Authors: Spáč Samuel , Šipulová Katarína , Urbániková Marína 
Published: March 2019

AbstractThe article discusses the development in the administration of the Slovak judiciary since the separation of Czechoslovakia and the impact of the empowerment of the judicial self-governance on the functioning of the judicial system. After independence, the administration of the judiciary initially rested in the hands of the executive. In 2002, Slovakia created its Judicial Council and transferred a considerable amount of powers on it, especially related to judicial careers. It was expected that this would de-politicize the judicial system. However, a high level of autonomy of the judiciary chiefly led to the empowerment of judicial elites. This reduced the democratic accountability of the judiciary, encapsulating it from society and enabling it to promote its own interests. Selection processes have often been used to fill judicial ranks with judges with close ties to the system. Accountability mechanisms such as promotions, disciplinary procedures or remuneration schemes were used to reward allies of those on the top of the hierarchy and to punish their critics. Still, adherence to EU-backed standards on the administration of the judiciary may have increased the legitimacy of the judiciary, while concentrating decision-making in one body enhanced transparency, which was furthered due to low public confidence resulting in unprecedented levels of information available about the Slovak judicial system. All in all, the Slovak example displays the dangers of establishing judicial self-governance in countries where an internal ethical culture and a strong sense of judicial duty are still lacking.
Never let a Crisis go to Waste: Politics, Personality and Judicial Self-Government in Ireland
Authors: O'Brien Patrick 
Published: March 2019

AbstractAlthough Ireland is often cited as part of the vanguard of countries adopting forms of judicial self-governance in the 1990s, this appearance can be misleading: the Irish judiciary are self-governing only in limited respects. The judge-led Court Service is in charge of court estate, non-judicial personnel and provision of information on the court system to the public. Many key matters – discipline, promotions and deployment – remain largely out of the control of the corporate judiciary. Judicial appointments are significantly at the discretion of the government. In the last decade, there have been significant moves towards a more corporate judiciary and these are reflected in the creation of a judges’ representative body, the Association of Judges of Ireland, and a shadow Judges Council. There are currently proposals to create a new independent mechanism for appointing judges and to create a Judicial Council with a significant role in disciplining the judiciary.The Irish experience highlights the importance of political and cultural factors in establishing and maintaining judicial independence and self-governance. Despite the significant role for the government in judicial appointments, and the presence of a culture of political patronage in these appointments, there is nonetheless a robust culture ofindividualjudicial independence once judges have been appointed. The creation of the Courts Service in 1999 was a significant transfer of administrative power to the judiciary but it was approved without demur by the political branches, who welcomed the depoliticization of controversial decisions about court estate. Conversely, reforms to judicial appointments have been weak because politicians saw value in maintaining a relatively harmless form of political patronage, and proposals for a Judicial Council that have agreed in outline for two decades have yet to be enacted, apparently because they lack sufficient political salience. The defence of judicial independence, and the creation of robust institutional mechanisms for defending it, ultimately requires the goodwill of politicians.
German Judicial Self-Government — Institutions and Constraints
Authors: Wittreck Fabian 
Published: March 2019

AbstractTypically, Germany is portrayed as apersistent objectorto Judicial Self-Government in any form. The present paper will demonstrate that this position is untenable: Actually, the German judiciary disposes of a differentiated system of institutions of self-government. The effects of these institutional settings on core values like independence and accountability proves to be mixed at best, however. Furthermore, there are practically no proponents of a stronger version of self-government to be reckoned with. Indeed, the Italian-style model of self-government or the visions of the CCJE are basically contrary to the prevailing German understanding of democratic legitimacy and separation of powers; moreover, the long lasting recruiting pattern of the German judiciary will act as a powerful obstacle. Ultimately, even the introduction of a strong self-government via constitutional amendment remains an open question.
Court Presidents: The Missing Piece in the Puzzle of Judicial Governance
Authors: Blisa Adam , Kosař David 
Published: March 2019

AbstractThe aim of this paper is to provide a new comprehensive understanding of roles of court presidents in judicial governance in Europe. It argues that in order to better understand the role of court presidents in comparative perspective it is necessary to unpack their power into smaller components that can be analyzed separately. We define seven such components: judicial career, jurisprudential, administrative, financial, ambassadorial, and media power, and ancillary powers as a residual category. Subsequently, we zero in on 13 European jurisdictions and rate them according to the strength of their court presidents' powers. By doing so we are developing a Court President Power Index. Based on this Index we question the claim that Western court presidents are always weaker than their Eastern European counterparts and argue that powers of court presidents diverge both within Western Europe and within Eastern Europe, and hence it is difficult to draw the easy line along the West/East axis on this ground. Finally, we problematize our Court President Power Index and show that powers in the meaning of faculty do not necessarily translate into influence since various contingent circumstances (such as the length of court presidents' terms of office, information asymmetry, the structure of the judiciary, the existence of competing judicial self-governance bodies, the role of individuals, the proximity of court presidents to political leaders, the legal profession, legal culture, and the political environment) affect to what extent court presidents may exploit their powers in practice.
Associations Between Different Aspects of Video Game Play Behavior	and Adolescent Adjustment
Authors: Verheijen Geert P. , Burk William J. , Stoltz Sabine E. M. J. , van den Berg Yvonne H. M. , Cillessen Antonius H. N. 
Published: March 2019

Abstract. Playing video games during adolescence has been linked to both positive and negative outcomes, but it remains unclear which specific aspects of gaming behavior are associated with adjustment. The current study examines the association between distinct aspects of video game play behavior and adolescent adjustment. We focused on five aspects, namely, gaming frequency, the social context, gamer identification, type of game, and motivation for playing. Participants included 705 Dutch adolescents (33.5% female, Mage = 14.07), who completed a survey including self-report and sociometric measures. Results indicated that the frequency of playing games was not associated with adolescent adjustment. However, significant associations did appear for social context, genre of games, and motivation for playing. In addition, the different aspects of gaming showed both beneficial and deleterious relations with adjustment. This research indicates the importance of disaggregating gaming behavior and the necessity to look beyond frequency of play in order to fully understand the impact of gaming on youth.
Dependence of Thermodynamic Processes on Upstream Interplanetary Magnetic Field Conditions for Magnetosheath Ions
Authors: Park Jong‐Sun , Shue Jih‐Hong , Nariyuki Yasuhiro , Kartalev Monio 
Published: March 2019

AbstractUsing Time History of Events and Macroscale Interactions during Substorms (THEMIS) observations over a 10‐year period from 2008 to 2017, we statistically investigate the thermodynamic properties for magnetosheath ions and their dependence on upstream interplanetary magnetic field (IMF) conditions. The thermodynamic properties for magnetosheath ions are estimated by using the polytropic index averaged over the subinterval that belongs to the same streamline (
). The THEMIS observations show that the probability distribution of
for magnetosheath ions has a major peak at
~1 (quasi‐isothermal conditions) with a longer left tail down to
~0 (quasi‐isobaric conditions). The spatial distributions of
for two different types according to IMF spiral angle (i.e., Parker spiral and ortho‐Parker spiral IMF orientations) reveal that the ions in the downstream of a quasi‐perpendicular shock (quasi‐perpendicular magnetosheath) exhibit quasi‐isothermal processes, while those in the downstream of a quasi‐parallel shock (quasi‐parallel magnetosheath) show
lower than unity (down to
~0.8) implying the anticorrelation between the ion temperature and the ion number density variations. Moreover,
in the quasi‐parallel magnetosheath tends to decrease with increasing magnetic local time distance from the magnetic local noon. These results indicate that the thermodynamic properties for magnetosheath ions depend on the bow shock geometry (quasi‐perpendicular bow shocks versus quasi‐parallel bow shocks) and are presumably controlled by a variety of instabilities, waves, and turbulence in the magnetosheath.
Saturn's Dusty Ionosphere
Authors: Morooka M. W. , Wahlund J.‐E. , Hadid L. Z. , Eriksson A. I. , Edberg N. J. T. , Vigren E. , Andrews D. J. , Persoon A. M. , Kurth W. S. , Gurnett D. A. , Farrell W. M. , Waite J. H. , Perryman R. S. , Perry M. 
Published: March 2019

AbstractMeasurements of electrons and ions in Saturn's ionosphere down to 1,500‐km altitudes as well as the ring crossing region above the ionosphere obtained by the Langmuir probe onboard the Cassini spacecraft are presented. Five nearly identical deep ionosphere flybys during the Grand Finale orbits and the Final plunge orbit revealed a rapid increase in the plasma densities and discrepancies between the electrons and ions densities (Ne and Ni) near the closest approach. The small Ne/Ni ratio indicates the presence of a dusty plasma, a plasma which charge carrier is dominated by negatively charged heavy particles. Comparison of the Langmuir probe obtained density with the light ion density obtained by the Ion and Neutral Mass Spectrometer confirmed the presence of heavy ions. An unexpected positive floating potential of the probe was also observed when Ne/Ni ≪ 1. This suggests that Saturn's ionosphere near the density peak is in a dusty plasma state consisting of negatively and positively charged heavy cluster ions. The electron temperature (Te) characteristics in the ionosphere are also investigated and unexpectedly high electron temperature value, up to 5000 K, has been observed below 2,500‐km altitude in a region where electron‐neutral collisions should be prominent. A well‐defined relationship between Te and Ne/Ni ratio was found, implying that the electron heating at low altitudes is related to the dusty plasma state of the ionosphere.
Anisotropic Electron Distributions and Whistler Waves in a Series of the Flux Transfer Events at the Magnetopause
Authors: Wang Shimou , Wang Rongsheng , Yao S. T. , Lu Quanming , Russell C. T. , Wang Shui 
Published: March 2019

AbstractWith the measurements of the Magnetospheric Multiscale mission at the magnetopause, we investigated the electron distribution and the whistler waves associated with a series of six ion‐scale flux transfer events (FTEs). Based on the magnetic field signature, each FTE can be divided into the core region and the draping region. In the draping regions of the most FTEs, the low‐energy electrons displayed a bidirectional field‐aligned distribution. The medium‐energy electrons showed a field‐aligned or beam distribution in the leading part, while a pancake distribution was presented for the electrons in the trailing part of the draping region, which has never been reported previously. The close correlation between the pancake distribution and the compression of the localized magnetic field suggests that the pancake distribution may be due to the betatron acceleration. The whistler waves associated with the FTEs were observed and categorized into the lower and upper bands according to the frequency range. The lower band whistler waves propagated in variable directions and therefore could be generated locally. The trailing part of the draping region with the electron pancake distribution was considered to be one possible source region. On the contrary, the upper band whistler waves were all found in the core region and propagated antiparallel to the magnetic field and therefore originated from the same source region. The observations confirmed that the FTEs are important channels for the mass and wave transport between the magnetosheath and the inner magnetosphere, and the electron dynamics can be modified during the FTE evolution.