Jahrbuch für Migrationsrecht 2012/2013. Annuaire du droit de la migration 2012/2013

Das vorliegende «Jahrbuch für Migrationsrecht» befasst sich mit dem Thema «Ehe und Familie im Migrationsrecht» und geht der Frage nach, welche Folgen das Bestehen von Familien, in denen mindestens eine Person eine ausländische Staatsangehörigkeit hat, für das Ausländerrecht, für das Internationale Privatrecht (vor allem in Hinblick auf das islamische Recht) und das Staatsangehörigkeitsrecht hat. Ein weiterer Beitrag befasst sich mit den Auswirkungen der Dublin-III-Verordnung auf das schweizerische Asylverfahren. Der dokumentarische Teil des Jahrbuchs beschlägt den Zeitraum des letzten Jahres von Mitte 2012 bis Mitte 2013 und berichtet umfassend über die Praxis des Bundesgerichts, des Bundesverwaltungsgerichts, zum ersten Mal auch der kantonalen Gerichte, des Europäischen Gerichtshofes für Menschenrechte und anderer Menschenrechtsorgane mit Bedeutung für das Migrationsrecht (Ausländerrecht, Asylrecht und Bürgerrecht) und des Gerichtshofes der Europäischen Union. Nachgezeichnet wird die Rechtsentwicklung in der Schweiz auf Bundes- und Kantonsebene, in der EU und in weiteren internationalen Gremien, einschliesslich der Menschenrechtsorgane der UNO. Der Band enthält eine Bibliografie des schweizerischen Migrationsrechts. Le présent « Annuaire du droit de la migration » est consacré au thème du mariage et de la famille dans le droit des migrations. Il traite ainsi des conséquences pour le droit des étrangers, le droit international privé (en particulier par rapport au droit islamique) et le droit de la nationalité de l’augmentation du nombre de familles composées d’au moins un ressortissant étranger. Les répercussions du règlement Dublin III sur la procédure d’asile suisse sont par ailleurs également présentées. Cet Annuaire couvre ensuite la période allant du milieu de l’année 2012 au milieu de l’année 2013 et rapporte de manière détaillée l’évolution de la jurisprudence se rapportant au droit des migrations (droit des étrangers, droit de l’asile et droit de la nationalité) du Tribunal fédéral, du Tribunal administratif fédéral, des tribunaux cantonaux – pour la première fois –, de la Cour européenne des droits de l’homme et d’autres organes de défense de ces droits ainsi que de la Cour de justice de l’Union européenne. Les développements juridiques survenus en Suisse (tant au niveau cantonal que fédéral), au sein de l’Union européenne, ainsi que dans d’autres instances internationales, y compris les organes de défense des droits de l’homme de l’ONU, sont également exposés dans cet ouvrage. L’Annuaire contient enfin une bibliographie du droit suisse de la migration.

Archaeological Research at Sirkeli Höyük: Preliminary Results of the Latest Excavations (2012 & 2013) and their Implications

Sirkeli Höyük is an ancient settlement located 40 km east of Adana on the left bank of the Ceyhan River in Plain Cilicia. The main mound covers an area of approximately 300×400 m and rises to a height of ca. 30 m above the level of the surrounding plain. Due to its strategic location overlooking a road that crosses the Misis mountains, Sirkeli Höyük always played an important role within Plain Cilicia. J. Garstang’s (1936-1937), B. Hrouda’s (1992-1996) and H. Ehringhaus’ (1997) excavations have shown that the site was occupied from the 4th to late 1st millennium B.C. Since 2006, a new Swiss-Turkish team is investigating Sirkeli Höyük again. Due to modern excavation techniques and an interdisciplinary approach, the architectural and material remains that have been uncovered by the new excavations have yielded much new information. Apart from a more precise pottery sequence, the new project has discovered an extensive lower town surrounded by an elaborate double city wall. The paper will summarize the results that have been gathered since 2006, with particular focus on the campaigns 2012-2013, and aims to show how they may contribute to the understanding of the cultural developments in this region.

Europeanization in parliament and in the press

Europeanization challenges national democratic systems. As part and parcel of the broader internationalization of politics, Europeanization is associated with a shift from policymaking within majoritarian, elected representative bodies towards technocratic decisions among non-majoritarian and non-elected bodies (Kohler-Koch and Rittberger 2008, Lavenex 2013). It is thus said to weaken the influence of citizens and parliaments on the making of policies and to undermine democratic collective identity (Lavenex 2013, Schimmelfennig 2010). The weakening of national parliaments has been referred to as “de-parliamentarisation” (Goetz and Meyer-Sahling 2008) and has nurtured a broader debate regarding the democratic deficit in the EU. While not being a member of the EU, Switzerland has not remained unaffected by these changes. As discussed in the contribution by Fischer and Sciarini, state executive actors take the lead in Switzerland's European policy. They are responsible for the conduct of international negotiations, they own the treaty making power, and it is up to them to decide whether they wish to launch a negotiation with the EU. In addition, the strong take-it or leave-it character of Europeanized acts limits the room for manoeuver of the parliamentary body also in the ratification phase. Among the public, the rejection of the treaty on the European constitution has definitely closed the era of “permissive consensus” (Hooghe and Marks 2009). However, the process of European unification remains far remote from the European public. In Switzerland, the strongly administrative character of international legislation hinders public discussion (Vögeli 2007). In such a context, the media may serve as cue for the public: By delivering information about the extent and nature of Europeanized policymaking, the media enable citizens to form their own opinions and to hold their representatives accountable. In this sense media coverage may not only be considered an indicator of the information delivered to the public, but it may also enhance the democratic legitimacy of Europeanized policymaking (for a similar argument, see Tresch and Jochum 2005). While the previous contributions to this debate have examined the Europeanization of Swiss (primary and secondary) legislation, we take a closer look at two additional domestic arenas that are both supposed to be under pressure due to Europeanization: The parliament and the media. To that end, we rely on data gathered in a research project that two of us carried out in the context of the NCCR Democracy.1 While this project was primarily interested in the mediatization of decision-making processes in Switzerland, it also investigated the conditional role played by internationalization/Europeanization. For our present purposes, we shall exploit the two data-sets that were developed as part of a study of the political agenda-setting power of the media (Sciarini and Tresch 2012, 2013, Tresch et al. 2013): A data-set on issue attention in parliamentary interventions (initiatives, motions, postulates,2 interpellations and questions) and a data-set on issue attention in articles from the Neue Zürcher Zeitung (NZZ). The data covers the years 1995 to 2003 and the coding of issues followed the classification system developed in the “Policy Agendas Project” (Baumgartner and Jones 1993).

Apes’ tracking of objects and collections

Recent research suggests that great apes are less vulnerable to cohesion violations than human infants are. In contrast to human infants, apes successfully track nonsolid substances or split solid objects through occlusion (Cacchione & Call, 2010a; Cacchione, Hrubesch, & Call, 2012, 2013). The present study aims to investigate whether the lower vulnerability of great apes to cohesion violations also manifests when they are tracking collections. While even very young human infants appreciate the continuous existence of solid bound objects, they fail to show similar intuitions when tracking collections of objects (Chiang & Wynn, 2000). In a manual search task inspired by recent infant research, we tested whether humans’ closest relatives, the great apes, showed a similar contrast in their reasoning about single solid objects and objects within collections. The results suggest that, in contrast to human infants, great apes appreciate the continuous existence of objects within collections and successfully track them through occlusion. This confirms the view that great apes are generally less vulnerable to cohesion violations than human infants.

Patterns of motor abilities and technical skills as predictors of success for young elite football players

Sport-motor tests play an important role in football talent selections. However, single tests represent only parts of the complex game performance. The best game performance therefore does not necessarily need to go hand in hand with the best results in all tests of a test battery. Considering the complexity of the game performance appropriately, a holistic perspective together with a person-oriented approach are applied. Thereby, systems consisting of several variables are identified and analysed in a longitudinal study. Following this idea, six sport-motor tests were aggregated into a subsystem. 106 young male elite football players were tested three times (2011, 2012, 2013; Mage, t2011=12.26, SD=0.29). One year later (2014) their performance level was enquired. Data were analysed using the LICUR method, a cluster analytical method. Four patterns were identified, which remained stable at all measuring points. The players frequently show intraindividual and structurally similar patterns over time. At the third measuring point, a pattern occurred out of which the players are significantly more likely to advance to the highest performance level one year later. This pattern appears consistently above average, but does not always show best test performances. The significantly frequent development along structurally stable patterns suggests a predictive validity of the subsystem sport-motor tests between the ages of 12 to 15. Above average, but not necessarily outstanding performances both in the motor abilities as well as in the football specific tests appears to be particularly promising. This finding emphasizes the need of a holistic perspective in the talent selection.

Patterns of motor abilities and technical skills as predictors of success for young elite football players

Sport-motor tests play an important role in football talent selections. However, single tests represent only parts of the complex game performance. The best game performance therefore does not necessarily need to go hand in hand with the best results in all tests of a test battery. Considering the complexity of the game performance appropriately, a holistic perspective together with a person-oriented approach are applied. Thereby, systems consisting of several variables are identified and analysed in a longitudinal study. Following this idea, six sport-motor tests were aggregated into a subsystem. 106 young male elite football players were tested three times (2011, 2012, 2013; Mage, t2011=12.26, SD=0.29). One year later (2014) their performance level was enquired. Data were analysed using the LICUR method, a cluster analytical method. Four patterns were identified, which remained stable at all measuring points. The players frequently show intraindividual and structurally similar patterns over time. At the third measuring point, a pattern occurred out of which the players are significantly more likely to advance to the highest performance level one year later. This pattern appears consistently above average, but does not always show best test performances. The significantly frequent development along structurally stable patterns suggests a predictive validity of the subsystem sport-motor tests between the ages of 12 to 15. Above average, but not necessarily outstanding performances both in the motor abilities as well as in the football specific tests appears to be particularly promising. This finding emphasizes the need of a holistic perspective in the talent selection.

Perceptions of critical situations involving football fans: the dynamics of conflict escalation or de-escalation

Fan violence in the context of football matches has drawn the attention of stakeholders and the media. This phenomenon has also attracted the scientific community’s attention, where research mostly focused on reasons for violence escalation. The Elaborated Social Identity Model (ESIM; Drury & Reicher, 2000) for example focuses on group-interactions and social identities, while the Aggravation Mitigation Model (AM model; Hylander & Guvå, 2010) concentrates on factors contributing to an escalation or a non-escalation of group-violence. However individual perceptions of the different persons involved in potential conflicts have not been sufficiently examined. Beside of that research in domestic football or involving ultrafans is scarce. Especially in Switzerland, there is a lack of research concerning the dynamics of the development or non-development of fan violence. This exploratory study included eight critical situations from the season 2012/2013 of the Swiss premier league to gather data about the perceptions of various persons involved (fans, police officers or security) and the dynamics contributing towards escalation or de-escalation. Fifty-nine narrative interviews were conducted and analysed with interpretative phenomenological analysis (Smith, Flowers, & Larkin, 2009). The individuals involved (fans, police and security personnel) showed groupspecific perceptions and a tendency to stereotype the opponent group. Provocative symbols (balaclavas or riot-gear uniforms) were important for the interpretation of the situation. No escalation occurred when successful communication and sufficient distance between the groups was established. Knowledge about the local fan culture is important, because it influences the perception of legitimacy on the side of the fans. This study improves the understanding of fan violence and is congruent with the ESIM and the AM model. It is suggested to deploy police dialogue teams without riot gear. Their task is to establish direct communication with the fans to facilitate a peaceful ending of a critical situation.

Disclosing and reporting medical errors: Cross-sectional survey of Swiss anaesthesiologists.

BACKGROUND There is limited research on anaesthesiologists' attitudes and experiences regarding medical error communication, particularly concerning disclosing errors to patients. OBJECTIVE To characterise anaesthesiologists' attitudes and experiences regarding disclosing errors to patients and reporting errors within the hospital, and to examine factors influencing their willingness to disclose or report errors. DESIGN Cross-sectional survey. SETTING Switzerland's five university hospitals' departments of anaesthesia in 2012/2013. PARTICIPANTS Two hundred and eighty-one clinically active anaesthesiologists. MAIN OUTCOME MEASURES Anaesthesiologists' attitudes and experiences regarding medical error communication. RESULTS The overall response rate of the survey was 52% (281/542). Respondents broadly endorsed disclosing harmful errors to patients (100% serious, 77% minor errors, 19% near misses), but also reported factors that might make them less likely to actually disclose such errors. Only 12% of respondents had previously received training on how to disclose errors to patients, although 93% were interested in receiving training. Overall, 97% of respondents agreed that serious errors should be reported, but willingness to report minor errors (74%) and near misses (59%) was lower. Respondents were more likely to strongly agree that serious errors should be reported if they also thought that their hospital would implement systematic changes after errors were reported [(odds ratio, 2.097 (95% confidence interval, 1.16 to 3.81)]. Significant differences in attitudes between departments regarding error disclosure and reporting were noted. CONCLUSION Willingness to disclose or report errors varied widely between hospitals. Thus, heads of department and hospital chiefs need to be aware of the importance of local culture when it comes to error communication. Error disclosure training and improving feedback on how error reports are being used to improve patient safety may also be important steps in increasing anaesthesiologists' communication of errors.