bluuebunny/crossref_metadata_2025_split huggingface dataset:
Revisiting the Posted Workers Directive: Conflict of Laws and Laws in Contrast
Authors: Evju Stein 
Published: July 2016

AbstractThe Posted Workers Directive was controversial from the outset, and the recent case law from the Court of Justice has made it even more so. In this chapter, the backdrop, genesis, drafting and adoption of the Posted Workers Directive are first considered in turn in order to place it in its context. The Court of Justice’s case law is then considered and contrasted with this background and elaboration of the Directive as it was adopted. The present situation under the Posted Workers Directives is also compared with public international law norms, ILO Conventions and the European Social Charter, and the impact of the Directive in Scandinavia is considered. It is concluded that the case law of the Court of Justice is problematic because of the fact that a normative framework results from its decisions which impinges upon fundamental features of collective labour law and industrial relations: it both entails restrictions on the kinds of terms and conditions of employment which can be imposed, and encroaches upon freedom of collective bargaining more broadly. The autonomy of Member States is also limited and the effectiveness of national industrial relations regimes compromised, which is a highly undesirable outcome.
Freedom of Commercial Expression and Public Health Protection in Europe
Authors: Garde Amandine 
Published: July 2016

Abstract
This chapter focuses on the extent to which public health has been relied upon by the EU legislature or by Member States of the European Union to limit the freedom of commercial operators to promote their goods and services. First, it discusses why courts in the United States and in Europe have ruled that the freedom of commercial operators to advertise their goods and services should be protected, in light of the fundamental role advertising plays in a liberal market economy. It shows that freedom of commercial expression has been made conditional upon the disclosure of sufficient and reliable information to consumers, thus reflecting a model of consumer protection based on the well-informed and reasonably circumspect consumer. Secondly, it addresses the more controversial question of the extent to which public health may be invoked as an overriding requirement of public interest to curtail the right of commercial operators to promote their goods and services. The approach of the Court of Justice is compared with that taken by the US Supreme Court. This comparative approach highlights the differences between the two: the former is very reluctant to exercise its review powers, while the latter has made it excessively difficult for public authorities to impose any meaningful advertising restrictions. It is argued that neither court has been able to strike a suitable balance between, one the one hand, the need to review the validity of restrictions imposed by public authorities on commercial speech to ensure a high level of public health protection and, one the other hand, the need to ensure that courts do not substitute their assessment to that of the legislature in exercising their judicial review powers. A more balanced approach is required to ensure the adequate protection of consumer health.
To Bail Out Or Not to Bail Out?—Legal Aspects of the Greek Crisis
Authors: Hofmeister Hannes 
Published: July 2016

Abstract
Since the precarious state of Greece’s public finances was revealed last October, efforts to save the ‘cradle of Europe’ are in full swing. Hence a huge rescue package for Greece was agreed on in April 2010. This was followed by an even larger EU Stabilisation Fund worth €750 billion for States encountering financial problems. While the economic aspects of these rescue mechanisms have been debated intensively, their legality has escaped closer examination. Rushed through parliaments as an ‘economic emergency’, the peoples of Europe were more or less presented with a ‘fait accompli’. But are these measures really legal under EU law? What about the notorious ‘no bailout’ clause? And what about the alternatives to the rescue packages: Would it have been legal to withdraw from EMU? Or to expel a State from EMU? This chapter will shed some light on these important aspects of EU law.
Constitutional Identity as a Shield and as a Sword: The European Legal Order within the Framework of National Constitutional Settlement
Authors: Konstadinides Theodore 
Published: July 2016

Abstract
The pitfalls of the relationship between European and national judges constitute a well-travelled ground in literature, especially with regard to ‘sagas’ over the reconciliation of national sovereignty with EU law primacy. Hence, the contribution that this article is attempting to make is to explore the judicial understanding and potential of the concept of constitutional identity in the light of the newly-introduced Article 4(2) TEU by the Treaty of Lisbon, which makes it explicit that national identity encompasses constitutional specificity. A number of questions are raised and discussed. For instance: How has the Court of Justice of the European Union (CJEU) been adjudicating on issues pertaining to the constitutional identity of the Member States pre- and post-Lisbon? How far can Member States stretch the concept to avoid the tidal effect of EU law upon their legal systems? For the sake of clarity, two notions of constitutional identity are identified and presented in this article: One related to the CJEU’s case law, where ‘constitutional identity’ has been invoked by defending Member States as a qualified derogation from their EU law obligations (a ‘shield’) and another, inherent in the German Constitutional Court’s (BVerfG) use of ‘constitutional identity’ as a break to an unprecedented transfer of competences to the EU and a tool of judicial review of national implementation measures of secondary legislation (a sword). The arguments advanced hereafter suggest that the implications of identity retention as a ‘shield’ may not be far-reaching since the CJEU has, through a pragmatic use of the loyalty and proportionality principles, succeeded in reducing its effect to the bare minimum. On the other hand, as a judicial review mechanism, the German paradigm demonstrates that, as a ‘sword’, constitutional identity retention comprises, largely, a theoretical possibility. These assumptions aside, it is concluded that constitutional identity retention may provide both national judiciaries and legislatures with new opportunities to participate in trans-national constitutional development through monitoring and assessing the compatibility of the exercise of EU competence with the requirements of national constitutions.
Trusting Judges to Deliver Changes: Italy, the EU and Labour Law
Authors: Sciarra Silvana 
Published: July 2016

The title of this paper embraces three concepts which will be used as paths to reach a destination. The destination is Italy, taken as an example of an active promoter of European integration, even when facing difficulties in complying with its obligations under the EC Treaty.
The first path leads towards judicial intervention, seen as a major tool for making changes within a national legal system. Some examples (section III) concern the scrutiny that the ECJ operates, when prompted by the Commission, acting under Article 88(2) EC. Other examples (sections IV and V) are related to the open dialogue national judges engage in with the ECJ, when they start preliminary references under Article 234 EC.
The International Responsibility of the European Union—The EU Perspective: Between Pragmatism and Proceduralisation
Authors: Casteleiro Andrés Delgado 
Published: July 2016

Abstract
EU management of its international responsibility for wrongful acts varies between a pragmatic approach and the proceduralisation of its responsibility. The EU either lays down complex procedures in order to manage the allocation of responsibility in order to (allegedly) preserve the internal division of competences or takes a pragmatic approach which disregards any internal division of competences. This chapter critically analyses these two trends in EU practice. More precisely, it identifies from the ongoing development in the incipient foreign direct investment policy of the EU and in its accession to the European Convention on Human Rights the problems linked to this way of managing the EU’s international responsibility. Overall, it argues that instead of complex and slow procedures or ad hoc pragmatic solutions, the EU should adhere to a rule-based approach which is at the same time pragmatic and respects the principles underpinning the proceduralisation of responsibility.
The European Arrest Warrant
Authors: Spencer John R 
Published: July 2016

In broad terms, there are two approaches to returning suspects and convicted persons to the other countries where they are wanted, and would prefer for obvious reasons not to go.
One is what is called in the common law world ‘the backing of warrants’. Here, the authorities of the jurisdiction where the person is wanted issue their normal warrant of arrest, which is sent directly to the authorities of the jurisdiction where he is, who endorse it if it appears to be in order, and give it to their policemen to execute it as if it were their own. The suspect is then ‘lifted’, and handed over to the authorities of the country where he is wanted with the minimum of fuss—the unspoken premise being that the authorities of the requesting jurisdiction normally act lawfully and reasonably, and their arrest warrants can be taken at face value and acted upon unless a strong reason to the contrary can be given.
A German View on the European Charter of Fundamental Rights: Effect on the Bundesverfassungsgericht
Authors: Schwarze Jürgen 
Published: July 2016

As already stated in the title of this article I will present a German view on the European Charter of Fundamental Rights. In Germany, like almost everywhere else, the views of lawyers hardly ever coincide—at least not completely. This is also true concerning a matter which has often been regarded as a typical German problem or to use the less diplomatic French expression, une querelle allemande: that is the need for a proper dogmatic concept of the protection of human rights in EC law.
In the first part, I will follow the title to the letter and illustrate the legal effect of the Charter on the German Constitutional Court (Bundesverfassungsgericht) in a narrow sense. In the second part, I would like to extend my report, and consider the general acceptance of the Charter in Germany in a broader sense. I will conclude with a personal statement on the Charter.
The Public Sector as a Good Employer: The Application of the Acquired Rights Directive to Public Authorities
Authors: Garde Amandine 
Published: July 2016

Advocate General Mayras described a public authority as ‘that which arises from the sovereignty and majesty of the State; for him who exercises it, it implies the powers of enjoying the prerogatives outside the general law, privileges of official power and powers of coercion over citizens’.
This quotation has an eighteenth century flavour and is difficult to adapt to the complex legal and economic system of the European Community the extraordinary remit of which has extended to many activities traditionally reserved to the State and to public authorities. The scope of this remit blurs the distinction between what could be termed the exercise of a public power and what could be termed the exercise of an economic function. The ‘Europeanization of public service provision’ has thus rendered the definition of a ‘public authority’ elusive. One of the areas where such a definition has been particularly problematic is the protection of employees’ rights in the event of the transfer of an undertaking.
PML regulates neuroprotective innate immunity and neuroblast commitment in a hypoxic–ischemic encephalopathy model
Authors: Palibrk Vuk , Suganthan Rajikala , Scheffler Katja , Wang Wei , Bjørås Magnar , Bøe Stig Ove 
Published: July 2016

AbstractRegulation of innate immune responses and activation of tissue regenerative processes are key elements in the pathophysiology of brain injuries. The promyelocytic leukemia (PML) gene was originally identified on a breakpoint of chromosomal translocation t(15;17) associated with acute PML. We have studied the role of PML protein during acute and regenerative phases after hypoxia–ischemia (HI) in brains of neonatal mice. We found that PML prevents tissue loss and apoptotic cell death selectively in subcortical regions of the brain at early stages after damage. In accordance with this, we revealed that PML is important for microglia activation and production of key inflammatory cytokines such as IL1α, IL1β, IL1RN, CXCL10, CCL12 and TNFα. During the regenerative phase, PML-depleted mice were found to have impaired transformation of transit-amplifying precursors into migratory progenitors. This was accompanied by increased ratios of symmetric versus asymmetric neural progenitor cell divisions during tissue repair and a specific defect in tissue restoration within the striatum 42 days after HI. The data demonstrate a dual role of PML in protection and recovery after brain injury.
A Room Temperature Ultrasensitive Magnetoelectric Susceptometer for Quantitative Tissue Iron Detection
Authors: Xi Hao , Qian Xiaoshi , Lu Meng-Chien , Mei Lei , Rupprecht Sebastian , Yang Qing X. , Zhang Q. M. 
Published: July 2016

AbstractIron is a trace mineral that plays a vital role in the human body. However, absorbing and accumulating excessive iron in body organs (iron overload) can damage or even destroy an organ. Even after many decades of research, progress on the development of noninvasive and low-cost tissue iron detection methods is very limited. Here we report a recent advance in a room-temperature ultrasensitive biomagnetic susceptometer for quantitative tissue iron detection. The biomagnetic susceptometer exploits recent advances in the magnetoelectric (ME) composite sensors that exhibit an ultrahigh AC magnetic sensitivity under the presence of a strong DC magnetic field. The first order gradiometer based on piezoelectric and magnetostrictive laminate (ME composite) structure shows an equivalent magnetic noise of 0.99 nT/rt Hz at 1 Hz in the presence of a DC magnetic field of 0.1 Tesla and a great common mode noise rejection ability. A prototype magnetoelectric liver susceptometry has been demonstrated with liver phantoms. The results indicate its output signals to be linearly responsive to iron concentrations from normal iron dose (0.05 mg Fe/g liver phantom) to 5 mg Fe/g liver phantom iron overload (100X overdose). The results here open up many innovative possibilities for compact-size, portable, cost-affordable and room-temperature operated medical systems for quantitative determinations of tissue iron.
Glomerular filtration rate in patients with atrial fibrillation and 1-year outcomes
Authors: Boriani Giuseppe , Laroche Cécile , Diemberger Igor , Popescu Mircea Ioachim , Rasmussen Lars Hvilsted , Petrescu Lucian , Crijns Harry J. G. M. , Tavazzi Luigi , Maggioni Aldo P. , Lip Gregory Y. H. 
Published: July 2016

AbstractWe assessed 1-year outcomes in patients with atrial fibrillation enrolled in the EurObservational Research Programme AF General Pilot Registry (EORP-AF), in relation to kidney function, as assessed by glomerular filtration rate (eGFR). In a cohort of 2398 patients (median age 69 years; 61% male), eGFR (ml/min/1.73 m2) calculated using the CKD-EPI formula was ≥80 in 35.1%, 50–79 in 47.2%, 30–49 in 13.9% and <30 in 3.7% of patients. In a logistic regression analysis, eGFR category was an independent predictor of stroke/TIA or death, with elevated odds ratios associated with severe to mild renal impairment, ie. eGFR < 30 ml/min/1.73 m2 [OR 3.641, 95% CI 1.572–8.433, p < 0.0001], 30–49 ml/min/1.73 m2 [OR 3.303, 95% CI 1.740–6.270, p = 0.0026] or 50–79 ml/min/1.73 m2 [OR 2.094, 95% CI 1.194–3.672, p = 0.0003]. The discriminant capability for the risk of death was tested among various eGFR calculation algorithms: the best was the Cockcroft-Gault equation adjusted for BSA, followed by Cockcroft-Gault equation, and CKD-EPI equation, while the worst was the MDRD equation. In conclusion in this prospective observational registry, renal function was a major determinant of adverse outcomes at 1 year, and even mild or moderate renal impairments were associated with an increased risk of stroke/TIA/death.
Neural markers of social and monetary rewards in children with Attention-Deficit/Hyperactivity Disorder and Autism Spectrum Disorder
Authors: Gonzalez-Gadea Maria Luz , Sigman Mariano , Rattazzi Alexia , Lavin Claudio , Rivera-Rei Alvaro , Marino Julian , Manes Facundo , Ibanez Agustin 
Published: July 2016

AbstractRecent theories of decision making propose a shared value-related brain mechanism for encoding monetary and social rewards. We tested this model in children with Attention-Deficit/Hyperactivity Disorder (ADHD), children with Autism Spectrum Disorder (ASD) and control children. We monitored participants’ brain dynamics using high density-electroencephalography while they played a monetary and social reward tasks. Control children exhibited a feedback Error-Related Negativity (fERN) modulation and Anterior Cingulate Cortex (ACC) source activation during both tasks. Remarkably, although cooperation resulted in greater losses for the participants, the betrayal options generated greater fERN responses. ADHD subjects exhibited an absence of fERN modulation and reduced ACC activation during both tasks. ASD subjects exhibited normal fERN modulation during monetary choices and inverted fERN/ACC responses in social options than did controls. These results suggest that in neurotypicals, monetary losses and observed disloyal social decisions induced similar activity in the brain value system. In ADHD children, difficulties in reward processing affected early brain signatures of monetary and social decisions. Conversely, ASD children showed intact neural markers of value-related monetary mechanisms, but no brain modulation by prosociality in the social task. These results offer insight into the typical and atypical developments of neural correlates of monetary and social reward processing.
Strength and Water Interactions of Cellulose I Filaments Wet-Spun from Cellulose Nanofibril Hydrogels
Authors: Lundahl Meri J. , Cunha A. Gisela , Rojo Ester , Papageorgiou Anastassios C. , Rautkari Lauri , Arboleda Julio C. , Rojas Orlando J. 
Published: July 2016

AbstractHydrogels comprising cellulose nanofibrils (CNF) were used in the synthesis of continuous filaments via wet-spinning. Hydrogel viscosity and spinnability, as well as orientation and strength of the spun filaments, were found to be strongly affected by the osmotic pressure as determined by CNF surface charge and solid fraction in the spinning dope. The tensile strength, Young’s modulus and degree of orientation (wide-angle X-ray scattering, WAXS) of filaments produced without drawing were 297 MPa, 21 GPa and 83%, respectively, which are remarkable values. A thorough investigation of the interactions with water using dynamic vapour sorption (DVS) experiments revealed the role of sorption sites in the stability of the filaments in wet conditions. DVS analysis during cycles of relative humidity (RH) between 0 and 95% revealed major differences in water uptake by the filaments spun from hydrogels of different charge density (CNF and TEMPO-oxidised CNF). It is concluded that the mechanical performance of filaments in the presence of water deteriorates drastically by the same factors that facilitate fibril alignment and, consequently, enhance dry strength. For the most oriented filaments, the maximum water vapour sorption at 95% RH was 39% based on dry weight.
Demographic noise can reverse the direction of deterministic selection
Authors: Constable George W. A. , Rogers Tim , McKane Alan J. , Tarnita Corina E. 
Published: July 2016

Significance
Demographic stochasticity—the population-level randomness that emerges when the timing of birth, death, and interaction events is unpredictable—can profoundly alter the dynamics of a system. We find that phenotypes that pay a cost to their birth rate to modify the environment by increasing the global carrying capacity can be stochastically selected for, where they would otherwise be deterministically disfavored. Our results hold for a general class of mathematical models but we use a model of public good production for illustration. In this case, demographic stochasticity is exploited by populations of cooperators to turn selection in their favor; it therefore operates as a mechanism that supports the evolution of public good production.
Combined chemical–genetic approach identifies cytosolic HSP70 dependence in rhabdomyosarcoma
Authors: Sabnis Amit J. , Guerriero Christopher J. , Olivas Victor , Sayana Anin , Shue Jonathan , Flanagan Jennifer , Asthana Saurabh , Paton Adrienne W. , Paton James C. , Gestwicki Jason E. , Walter Peter , Weissman Jonathan S. , Wipf Peter , Brodsky Jeffrey L. , Bivona Trever G. 
Published: July 2016

Significance
Protein chaperone networks maintain homeostasis during cellular stress. Oncogenic transformation induces stress through increased demands on protein synthesis and folding. Thus, many cancer cells depend on proteostasis networks for optimal growth. However, the cancer subtype-specific roles of individual protein chaperones are incompletely understood. Through a chemical–genetic approach, we discovered an exquisite dependence of rhabdomyosarcoma (RMS) cells on cytosolic heat-shock protein 70 kDa (HSP70). HSP70 inhibition activates the unfolded protein response, and CEBP homologous protein is a key mediator of apoptosis and a candidate biomarker for efficacy. The link between a component required for cytosolic protein quality control and the endoplasmic reticulum stress response provides insight into cell type-specific wiring of proteostasis networks and suggests novel therapeutic avenues in RMS.
An information theory based search for homogeneity on the largest accessible scale
Authors: Sarkar Suman , Pandey Biswajit 
Published: July 2016

Abstract
We analyse the Sloan Digital Sky Survey Data Release 12 quasar catalogue to test the large-scale smoothness in the quasar distribution. We quantify the degree of inhomogeneity in the quasar distribution using information theory based measures and find that the degree of inhomogeneity diminishes with increasing length scales which finally reach a plateau at ∼250 h−1 Mpc. The residual inhomogeneity at the plateau is consistent with that expected for a Poisson point process. Our results indicate that the quasar distribution is homogeneous beyond length scales of 250 h−1 Mpc.