bluuebunny/crossref_metadata_2025_split huggingface dataset:
Effective collective redress in antitrust and consumer protection matters: A panacea or a chimera?
Authors: Tzakas Dimitrios-Panagiotis L 
Published: March 2022

Although collective redress constitutes a significant feature of modern judicial systems, EU law seems reluctant as to the introduction of such mechanisms. On the one hand, the role of collective rights of action remains indispensable in order to promote procedural efficiency and overcome rational apathy, especially in the fields of antitrust and consumer protection law where illegal business practices may cause scattered and low-valued damages to a multitude of harmed individuals. On the other hand, the potential for unmeritorious claims and abusive actions should not be underestimated, so that specific safeguards are put in place in order to avoid the emergence of a litigation industry in the form of entrepreneurial attorneys. In light of the recent public consultation launched by the EU Commission, the present paper addresses the challenges and makes propositions for the future collective redress legislation. For that reason, an in-depth analysis as to the substantive, jurisdictional and conflict-of-laws aspects of both representative and collective actions has to be undertaken. In each case, specific consideration will be given to the peculiarities of the Member States procedural traditions and the policy objectives underpinning EU competition and consumer protection law.
Case law of the European Court of Justice on sex discrimination 2006-2011
Authors: Koldinská Kristina 
Published: March 2022

This article aims to point out some important cases recently presented before the ECJ which show that the area of gender equality is still a very dynamic and vital field in EU law, and that thanks to its long-lasting tradition it provides a very important source for legal argumentation and reflection. The article covers the period from 2006 to May 2011. It discusses firstly the enforcement of EU equality law connected with the issue of horizontal direct effect of the directives reflected in the sex equality case law, which might be further strengthened by the entry into force of the Charter of Fundamental Rights in EU. Special attention is paid to the discourse on retirement pension ages, with an analysis of the Kleist case. Further sections reflect some typical issues, which always return to the ECJ, such as equal pay, pregnancy and parental leave, since in the period covered by this contribution so many cases on pregnancy appeared. The topics which were new before the ECJ, like the multidimensional discrimination are also taken into consideration. Last but not least, attention is paid to the issue of gender equality in access to and supply of goods and services. In this connection, the Lindorfer and Test-Achats cases are discussed in more detail.
The European Securities and Markets Authority: Lifting the veil on the allocation of powers
Authors: Schammo Pierre 
Published: March 2022

The European Securities and Markets Authority (ESMA) was established in 2011 in the wake of the financial crisis. As one of the European Supervisory Authorities (ESA), it is part of the new European System of Financial Supervision. In order to carry out its tasks, ESMA was allocated an impressive range of powers which it exercises in relation to national competent authorities or market actors, including Credit Rating Agencies. The aim of this article is to examine ESMA's powers and the questions that they raise. As an EU body, ESMA was delegated certain powers. This fact raises some important issues - notably with respect to the Meroni doctrine - which this article investigates. In particular, it argues that EU actors have mostly been tight-lipped over the precise constitutional limitations of a delegation of powers when vesting powers in ESMA. The main message of this article is that the lack of clarity characterizing the current state of affairs is unsatisfactory and should be addressed. PERLIO -
Sanctions against Member States under Article 260 TFEU: Alive, but not kicking?
Authors: Wennerås Pål 
Published: March 2022

Since the Treaty of Maastricht introduced the possibility of imposing financial penalties on Member States that failed to comply with judgments of the Court, only fourteen rulings have been handed down by the Court under Article 260 TFEU (ex 228 EC). Not all of these cases resulted in sanctions, and the penalties imposed in some judgments were hardly sufficient to deter similar infringements from recurring. However, some improvements can be seen in recent years and the Lisbon Treaty has introduced amendments aimed at bolstering the effectiveness of Article 260 TFEU. Taking stock of the case law and the Lisbon amendments, this article explores whether Article 260 TFEU has been effectively employed as a tool for enforcing EU law and to what extent the Treaty amendments are likely to make a difference.
A missing piece in the horizontal effect jigsaw: Horizontal direct effect and the free movement of goods
Authors: Krenn Christoph 
Published: March 2022

Whether and to what extent private actors are directly bound by the provisions on free movement of the EU Treaties, also known as horizontal direct effect of the freedoms, has in the last years been subject to intensive and controversial academic debate. The Court of Justice of the European Union has attributed horizontal direct effect to the free movement of persons, under Articles 45, 49 and 56 TFEU. In sharp contrast, the Court has refused to apply the free movement of goods, Article 34 TFEU, directly to the conduct of private actors, not explaining the reasons for this different approach. This article aims to contribute to understanding the Court's approach and seeks answers to a number of key outstanding questions, namely what role horizontal direct effect does play currently, what role it can and should play in the free movement of goods, and whether a uniform approach to fundamental freedoms is desirable. In doing so it will be tried to assign the free movement of goods an appropriate place in a coherent overall approach to horizontal direct effect in free movement law. This approach, it is argued, should respect the nature of the different free movement provisions, their genesis and the Court's case-law on horizontal direct effect.
What to keep and what to change in European electronic communications policy?
Authors: de Paz José Carlos Laguna 
Published: March 2022

Almost fifteen years after full liberalization, electronic communications provide greater economic efficiency, innovation and consumer satisfaction. However, efforts should be made to improve the effective integration of operators, networks and services at European level. At present, tuning ex ante regulation is better than alternatives, such as phasing out regulation or applying structural remedies. A more flexible approach could facilitate network competition at the deepest level at which it is effective and sustainable. That notwithstanding, market driven forces will not secure the deployment of next generation networks in large parts of the territory. To this end, remedies will need to be applied, taking care not to distort competition or to discourage the emergence of potential competitors. Keeping an open Internet, based on best-efforts transmission, does not exclude allowing network operators from applying reasonable traffic management practices.
The constitutional implications of the European responses to the financial and public debt crisis
Authors: Chiti Edoardo , Teixeira Pedro Gustavo 
Published: March 2022

The wide-ranging debate on the responses to the crisis increasingly calls into question the future of the EU as a polity. This article contributes to such discussion in legal scholarship by arguing that the European responses to the crisis since autumn 2008 have already set in motion a number of processes which are reshaping the EU polity. Three important but often misrepresented processes are identified. The first is the emergence of a new EU method of action, which breaks with the historically rooted balance of voices within the EU, while directing it towards a distinct form of reinforced intergovernmentalism. The second process corresponds to the trend to have recourse to arrangements both partly internal and partly external to the EU framework. Such a process opens the way to the autonomization of the EMU, and of the eurozone within the EMU, which endangers the legal and institutional unity of the EU. The third is the transformation of the EMU from a "community of benefits" to a "community of benefits and risk-sharing", which reshapes the traditional construction of the EMU and might prefigure a federal transformation of the EU, but it also raises functional and legitimacy issues. These developments have the potential to undermine prerequisites of the EU as a project oriented towards democratic constitutionalism: they may ultimately lead to a de-institutionalization of the EU; they exhaust the main democratic legitimacy sources of the EU polity; and they undermine the already fragile social embeddedness of EU institutions.
The new ECB and its relationship with the eurozone Member States: Between central bank independence and central bank intervention
Authors: Beukers Thomas 
Published: March 2022

The financial and sovereign debt crisis has had a great impact on the relationship between the European Central Bank (ECB) and the Member States of the Eurozone, a relationship traditionally studied from the perspective of central bank independence. This article takes a different perspective on that relationship, namely that of central bank intervention in Member State economic policy making. It focuses on the pressure and influence exercised by the ECB on the Member States of the eurozone. The two perspectives combined reveal the nature of the ever more frequent and intense interaction between the ECB and the Member States of the eurozone. In the crisis, several different forms can be identified of ECB pressure on eurozone Member States to adopt reforms in the areas of fiscal policy and structural reforms, marking a shift from interaction to central bank intervention. This ECB intervention is parallel to an equally unprecedented intervention by the collective of eurozone Member States in the economic policy of several Member States through the economic policy conditionality linked to financial assistance. The article analyses several instances of ECB intervention, offers an explanation and a theoretical framework for normatively assessing it. The main risk identified for the ECB in this article is that of being perceived as a political or politicized actor, although it is acknowledged that the ECB is confronted with a difficult balancing act. The ECB should be more cautious in its approach, the further an issue is from its core mandate of securing price stability.
Comparison of Some Agronomic Character and yield of Triticale (X Triticosecale Wittmack) lines at Halabja and Qlyasan Regions of Kurdistan/Iraq
Authors: Chnar Hama Noori Meerza  
Published: March 2022

The main aim of this study was to determine the optimum line of triticale (X Triticosecale Wittmack) and best location for cultivating. The experimental design used in this study was randomized complete block design with two replications. In this study 29 lines of triticale were applied to assess some agronomic character (Plant Height (cm), No. of Days from Seeding to 50% Anthesis, No. of Days from Seeding to Physiological maturity, No. of Days from 50% Anthesis to Physiological maturity, No. of Fertile Tiller/Plant ), yield character (Grain Yield (t/ha), Biological Yield (t/ha) and Harvest Index). Plowing methods were used twice for the area of the study in each region. In Qlyasan region sowing started on 21 December and on 25 December in Halabja region. A total of 29 triticale lines developed from the hybridized winter triticale lines were used with a set name of 41ITYN and was taken from The International Maize and Wheat Improvement Center (CIMMYT). The 29 triticale lines consisted of (802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828, 829 and 830). The result illustrated that ) the maximum plant height, No. of Days from Seeding to 50% Anthess, No. of Days from Seeding to Physiological maturity, No. of Days from 50% Anthesis to Physiological maturity and No. of Fertile Tiller/Plant was observed in lines (804, 809, 830, 827 and 807). The highest agronomic character was observed under cultivation of triticale in the Halabja location. The maximum Grain Yield (t/ha), Biological Yield (t/ha) and Harvest Index was observed in lines (802, 828 and 827). Cultivation of the plant in Halabja region also gave the highest yield.
Fulfillment of Human Rights By Transnational Corporations In Indonesia: Perspective of International Norms
Authors: Brigitta Raras Ayu Roesedi  , Arina Bhuana Sari  , Isnin Harianti  , Gisca Azaria Ramadhani  
Published: March 2022

Leniency in the implementation of rules on the fulfillment of human rights by the Government to TNC as an entity in Indonesia. This research aims to describe the fulfillment of human rights by transnational corporations in International Norms. This research used normative research methods, focusing on the differences that occur in the field (das sein) namely the policy of the Government of Indonesia in realizing the fulfillment of human rights by TNC, with legal norms that should be implemented (das sollen) namely international norms. The data source used is a primary and secondary data source with a deductive thinkingpattern. The results showed that the State as a duty holder for citizens, is authorized to issue regulations on human rights respect by TNC in order to minimize human rights violations. Domestic regulations are necessary to be the attachment of TNC operating within the territory of the country to be subject to the applicable constitutional rules, so that respect, protection, and rehabilitation of human rights can run optimally.
Verslag najaarsvergadering Vereniging voor Gezondheidsrecht 2021
Authors: Eijpe J.I. 
Published: March 2022

Verslag najaarsvergadering Vereniging voor Gezondheidsrecht 2021
Verslag van de najaarsvergadering van de Vereniging voor Gezondheidsrecht van 19 november 2021 met als hoofdthema euthanasie. Sprekers waren mr. dr. J.H.H.M. (Jo) Dorscheidt, S.M.P. (Sisco) van Veen en mr. J. (Josine) Janson.
Prevalence and Causes of Blindness and Visual Impairment in Awka, South-East Nigeria: A Tertiary Hospital Study
Authors: Udeaja A. C. , Ochiogu B. C. , Uzozie C. C. 
Published: March 2022

Background: 10 years prior to this study period (2017) the Nigerian National Blindness and Visual Impairment Survey (2007) obtained data from all states and regions of Nigeria to enable for effective planning and provision of eye care. 10 years later on update of the statistics is most desirable especially with local studies. This is a preliminary study and the data obtained will act as template for effective formulation/planning on management of visual impairment and blinding ocular problems.
Objective: i. To determine the prevalence and causes of blindness and visual impairment in Awka, South East Nigeria. ii. To provide data-base for effective eye care delivery.
Methodology: A retrospective, hospital-based study of new patients seen over a 12 months period from January to December 2017 at the Eye Clinic Chukwuemeka Odumegwu Ojukwu University Teaching Hospital, Awka.
Result: A total of 1,776 patients were seen in the 12 months period. 737 (41.5%) were males, and 1039 (58.5%) females with ratio of 1:1.4 respectively. The most frequently occurring age group was 21-30 years, followed by 11-20 years. Out of the patients reviewed 185 (10.4%) had visual impairment (presenting VA 6/18) in at least one eye. 72(4.1%) had blindness (presenting VA<3/60) in at least one eye. 113(6.4%) had low vision or moderate and severe visual impairment (MSVI) (presenting VA 6/18 to 3/60) in at least one eye. 59 patients (3.3%) had visual impairment in both eyes. 16 (0.9%) were blind in both eyes whilst 43 (2.4%) had low vision in both eyes. The prevalence of blindness, low vision and visual impairment was 0.9%, 2.4%, 3.3% respectively. Major causes of blindness were Glaucoma (26%), Cataract (23.3%), Trauma (13.3%). For visual impairment it was cataract (24%) glaucoma (22%) and refractive Error (21.2%).
Conclusion: The common causes of blindness are avoidable. More robust eye care systems involving promotion, preventive and curative measures should be developed to address the identified common causes of blindness and visual impairment.
PRESENÇA DE SINAIS E SINTOMAS OTOLÓGICOS EM PACIENTE COM DISFUNÇÃO TEMPOROMANDIBULAR NA ABO – SEÇÃO BAHIA: RELATO DE CASO
Authors: Menezes Costa Camila , Calíope Azevêdo Tharcilla , Sancho Xavier Maria Rita , De Jesus dos Santos Alcylene Carla 
Published: March 2022

Introdução: A Disfunção Temporomandibular (DTM) é um termo utilizado para definir os problemas clínicos articulares, musculares e funcionais do sistema estomatognático. O tratamento para DTM é um desafio, visto que a sua etiologia é considerada multifatorial e complexa. Estudos mostram uma possível relação entre os sintomas de zumbido, otalgia e plenitude auricular com a DTM, mas ainda não estão bem esclarecidas. Objetivo: O presente estudo tem como objetivo descrever um caso clínico de indivíduo com diagnóstico de DTM associado a Sintomas Otológicos - SO atendido no ambulatório do Curso de Especialização em DTM e Dor Orofacial (DOF) para Fisioterapeutas na Associação Brasileira de Odontologia – seção Bahia. Descrição do Caso: Paciente VRPL, 51 anos, sexo feminino, casada, professora, diagnosticada em julho de 2019 com DTM associada a sintomas otológicos. Relatou dores nas regiões das Articulações Tempomandibulares (ATM’s), face, pescoço, cervical, cabeça, prevalecendo o lado esquerdo e SO (otalgia, zumbido e plenitude auricular, sendo este último declarado como o principal). Foi submetida a um protocolo de tratamento fisioterapêutico. Conclusões: Houve redução da intensidade da dor e dos sintomas otológicos. A remissão dos sinais e sintomas resultou em melhora no quadro de dor e na percepção do zumbido da paciente.
CONHECIMENTO DOS CIRURGIÕES-DENTISTAS SOBRE ATENÇÃO ODONTOLÓGICA DE PACIENTES COM HIPOMINERALIZAÇÃO MOLARINCISIVO
Authors: Vieira da Silveira Ana Beatriz , Maria da Silva Chiomark Juliana , Araújo Presciliano Letícia , Amanda Fernandes Novais Melissa , De Sousa Gomes Heloisa , Carolina Teixeira Marques Nádia 
Published: March 2022

Objetivo: avaliar o conhecimento de cirurgiões-dentistas sobre atenção odontológica e cuidados aplicados ao paciente com Hipomineralização Molar-Incisivo (HMI). Materiais e métodos: foram aplicados questionários para cirurgiões-dentistas, que realizam atendimentos na cidade de Alfenas-MG. O questionário, composto por 22 questões, abordou o grau de conhecimento sobre conceitos e protocolos de conduta clínica no atendimento de pacientes com HMI, bem como, informações sobre o preparo e perfil sociodemográfico dos profissionais. Após o período de coleta, os dados obtidos foram tabulados e analisados de maneira descritiva. Resultados: No total, 55 dentistas responderam o questionário, sendo predominantemente profissionais que atendem em centros urbanos. Grande parte dos cirurgiões-dentistas deste estudo entendem o conceito de HMI e afirmam receber essa condição mensalmente em sua prática clínica. Resina Composta e Cimentos de Ionômero de Vidro são os materiais mais indicados para o tratamento de dentes com HMI. E a maior dificuldade encontrada no tratamento desses dentes é a obtenção da estética e controle da sensibilidade. Entre as condições que dificultam o diagnóstico de HMI, estão hipoplasia de esmalte e amelogênese imperfeita, consideradas como diagnósticos diferenciais. A maioria dos profissionais avaliados alegam não ter segurança no diagnóstico e tratamento dessa condição e deixam claro a necessidade de atualizações e treinamentos. Conclusão: Embora os profissionais compreendam o conceito de HMI, ainda existem muitas dúvidas e inseguranças acerca deste tema. Assim, a atualização do conhecimento dos cirurgiões-dentistas sobre HMI poderá aprimorar a abordagem clínica frente a este defeito de esmalte e, consequentemente, proporcionar bem estar a estes pacientes
Gynecologic effects of tamoxifen and the association with endometrial carcinoma
Authors: Assikis V.J. , Jordan V.C. 
Published: July 2002

AbstractTamoxifen has been used as an adjuvant therapy for breast cancer for nearly two decades. The benefits of adjuvant tamoxifen therapy in prolonging disease‐free and overall survival have been shown in randomized clinical trials. Despite this, some developing evidence suggests that tamoxifen causes a 2‐ to 3‐fold increase in endometrial cancer. This paper reviews the reports of endometrial carcinoma in tamoxifen‐treated patients. Two hundred fifty cases of endometrial carcinoma are reported, but only one case is identified in a premenopausal woman. When documented, 77% (n = 127) of the cases are good‐grade (grade 1 or 2) and 80% (n = 125) are stage‐I disease. Since the distribution of good grade (79%) and stage I (74%) from the Surveillance, Epidemiology and End Results (SEER) data are comparable, concerns about more aggressive or late‐stage disease appear to be unwarranted. The modest increase in the incidence of early‐stage, good‐grade endometrial carcinoma described during tamoxifen therapy suggests that it would be unreasonable to institute an aggressive detection strategy of endometrial biopsies. This approach would only lead to further detection bias and would not be cost‐effective. Physicians should ensure that patients do not have pre‐existing endometrial cancer prior to adjuvant tamoxifen therapy for breast cancer and, furthermore, they should educate patients about signs and symptoms of early endometrial carcinoma and when reported these should be followed up with a gynecologic examination.
Clinical application of HPV typing in cervical cancer
Authors: Namkoong S.E. 
Published: July 2002

AbstractCertain human papaillomavirus (HPV) types are major risk factors for the development of cervical neoplasia. The value of HPV DNA testing in the management of patients with disease and in population screening is a subject of controversy. Since the introduction of molecular biology into the HPV field, there have been rapid advances and improvements in HPV diagnosis. The various molecular diagnostic methods for detection of HPV DNA (dot blot hybridization, Southern blot hybridization, in situ hybridization, Hybrid Capture Test, and polymerase chain reaction; PCR) could be selected by taking into consideration some factors such as characteristics of sample, sensitivity of HPV test and expenses. The HPV DNA testing would be a clinically useful diagnostic method, when used in conjunction with the Pap smear in population screening or in conjunction with cytology and colposcopy to identify the women infected with high‐risk HPVs or women who had equivocal cervical lesions. Despite the confusion, a multitude of reports demonstrate that HPV DNA testing has the clinical utility, and future investigations should be directed at more accurately delineating its role in human health care.