Europe’s most wanted? Recalibrating Trust in the European Arrest Warrant System. CEPS Paper Liberty and Security in Europe 55/21 March 2013

This paper assesses the uses and misuses in the application of the European Arrest Warrant (EAW) system in the European Union. It examines the main quantitative results of this extradition system achieved between 2005 and 2011 on the basis of the existing statistical knowledge on its implementation at EU official levels. The EAW has been anchored in a high level of ‘mutual trust’ between the participating states’ criminal justice regimes and authorities. This reciprocal confidence, however, has been subject to an increasing number of challenges resulting from its practical application, presenting a dual conundrum: 1. Principle of proportionality: Who are the competent judicial authorities cooperating with each other and ensuring that there are sufficient impartial controls over the necessity and proportionality of the decisions on the issuing and execution of EAWs? 2. Principle of division of powers: How can criminal justice authorities be expected to handle different criminal judicial traditions in what is supposed to constitute a ‘serious’ or ‘minor’ crime in their respective legal settings and ‘who’ is ultimately to determine (divorced from political considerations) when is it duly justified to make the EAW system operational? It is argued that the next generation of the EU’s criminal justice cooperation and the EAW need to recognise and acknowledge that the mutual trust premise upon which the European system has been built so far is no longer viable without devising new EU policy stakeholders’ structures and evaluation mechanisms. These should allow for the recalibration of mutual trust and mistrust in EU justice systems in light of the experiences of the criminal justice actors and practitioners having a stake in putting the EAW into daily effect. Such a ‘bottom-up approach’ should be backed up with the best impartial and objective evaluation, an improved system of statistical collection and an independent qualitative assessment of its implementation. This should be placed as the central axis of a renewed EAW framework which should seek to better ensure the accountability, impartial (EU-led) scrutiny and transparency of member states’ application of the EAW in light of the general principles and fundamental rights constituting the foundations of the European system of criminal justice cooperation.

Controle judicial de políticas públicas no Brasil : limites da intervenção do poder judiciário na execução de políticas públicas para efetivação dos direitos fundamentais sociais à prestação

O Controle judicial das políticas públicas necessárias para a efetivação dos direitos constitucionais sociais à prestação é tema muito polêmico na atividade jurisdicional brasileira. Há os que defendem a intervenção irrestrita na tarefa de impor à administração pública a qualquer custo a efetivação das políticas públicas de sua competência. Contudo o nosso trabalho defende que a intervenção do Poder Judiciário no controle de políticas públicas é possível, segundo comando constitucional contido no artigo 3º da Carta Magna, mas com limitações para evitar a violação do princípio da separação dos poderes. Para demonstrar a nossa concepção sobre o tema partimos da definição e da natureza dos direitos fundamentais sociais e sua concepção na ordem constitucional brasileira. Analisamos as principais funções dos direitos fundamentais, concentrando a nossa atenção na função prestacional, ou direito a prestação em sentido estrito. Nesse particular passamos a discutir as questões que envolvem a efetivação dos direitos fundamentais sociais, a partir de sua eficácia jurídica e social até aos aspectos referentes a sua concretização. Salientamos que a efetivação dos direitos fundamentais sociais “derivados” passa por uma atividade legislativa de conformação antes de sua efetivação e que os “originais” poderiam ser concretizados imediatamente, sem se descurar da necessidade de outra atividade legislativa de destinação dos recurso públicos através da lei orçamentária, na foi ressaltado que deveria ser tomado como um dos critérios para essa destinação o princípio do “mínimo existencial”. Analisamos a tese recorrente de defesa da administração para justificar a não efetivação dos direitos sociais à prestação, a denominada “tese da reserva do possível”, salientamos que embora relevante, não era absoluto esse argumento. Contudo a atuação jurisdicional no controle das políticas públicas, não pode fugir da atenção aos princípios da razoabilidade e da proporcionalidade.

Cumprimento das orientações acerca dos bufetes escolares para as escolas do 2º e 3º ciclos e ensino secundário de Portugal

Tese de mestrado, Doenças Metabólicas e Comportamento Alimentar, Universidade de Lisboa, Faculdade de Medicina, 2016

The Dutch wish-list for a lighter regulatory touch from the EU. CEPS Commentary, 1 July 2013

The Dutch government set out the results of its review of EU competences on June 21st, under the slogan “European where necessary, national where possible”, claiming that the EU does not adequately respect the principles of subsidiarity and proportionality. It published a list of 54 points for corrective action, which Michael Emerson assesses in this new CEPS Commentary. The political significance of this initiative is heightened because it comes alongside the UK's ongoing review of EU competences, although unlike the British, the Dutch make no mention of secession, treaty changes or repatriation of competences.

l bilanciamento tra le libertà economiche e i diritti sociali collettivi operato dalla Corte di Giustizia è un contemperamento tra diritti equiordinati?* = The balance between economic freedoms and collective social rights and actions; Court of Justice is a choice between rights equiordinati? Actions by the Court of Justice. WP C.S.D.L.E. “Massimo D’Antona”.INT – 98/2012

In the Viking and Laval judgments and more recently in the Comm. v. Germany ruling, the Court of Justice applied the proportionality test to collective rights, setting a series of restrictions to the exercise of the right to strike and the right to collective bargaining. The way the ECJ balances the economic freedoms and the social rights is indeed very different from that of the Italian Constitutional Court. Unlike the European Union Treaties, the Italian Constitution recognizes an important role to the right to take collective action which has to be connected with article 3, paragraph 2, consequently the right of strike is more protected than the exercise of economic freedoms.

EU Budgetary Responses to the ‘Refugee Crisis’: Reconfiguring the Funding Landscape. CEPS Paper Liberty and Security in Europe No. 93/May 2016

This paper analyses the EU budgetary responses to the ‘refugee crisis’ in Europe. The European Commission has proposed several changes to the EU budget as well as the establishment of new funding instruments. The paper explores what the announced funding consists of, what role it plays in policy-making and what issues it generates. Throughout these budgetary responses the search for flexibility has been dominant, motivated by the need to respond more swiftly to humanitarian and operational needs. In addition, the paper argues that beyond implementation or management, the role of funding is also symbolic and communicative. In light of limited competences that are difficult to exercise, funding represents a powerful tool enabling the Commission to shape policy-making in times of crisis. At the same time, the dominant search for flexibility also challenges established funding rules and procedures. It has furthermore led to reduced space for democratic scrutiny by the European Parliament. More profoundly, EU funding for cooperation with third countries to prevent the inflow of refugees and asylum seekers has monetised questions over the responsibility for these individuals. As the EU–Turkey agreement shows, this has created a self-imposed dependence on third countries, with the risk of potentially insatiable demands for EU funding. This paper questions the proportionality and rule of law compliance of allocating funding for the implementation of this agreement. Moreover, it proposes that the Commission take steps to practically safeguard the humanitarian aid principles in the management structures of the new funding instruments, and it stresses the need for more scrutiny of the reconfigured funding landscape by the European Parliament and the European Court of Auditors.

Chronostratigraphy of eastern Mediterranen Sea sediment cores

An Accelerator Mass Spectrometry (AMS) 14C dated multiparameter event stratigraphy is developed for the Aegean Sea on the basis of highly resolved (centimeter to subcentimeter) multiproxy data collected from four late glacial to Holocene sediment cores. We quantify the degree of proportionality and synchroneity of sediment accumulation in these cores and use this framework to optimize the confidence levels in regional marine, radiocarbon-based chronostratigraphies. The applicability of the framework to published, lower-resolution records from the Aegean Sea is assessed. Next this is extended into the wider eastern Mediterranean, using new and previously published high-resolution data from the northern Levantine and Adriatic cores. We determine that the magnitude of uncertainties in the intercore comparison of AMS 14C datings based on planktonic foraminifera in the eastern Mediterranean is of the order of ±240 years (2 SE). These uncertainties are attributed to synsedimentary and postsedimentary processes that affect the materials dated. This study also offers a background age control that allows for vital refinements to radiocarbon-based chronostratigraphy in the eastern Mediterranean, with the potential for similar frameworks to be developed for any other well-studied region.

Analysis of coastal sediment transport processes from Wrightsville Beach to Fort Fisher, North Carolina /

A comprehensive engineering analysis of the coastal sediment transport processes along a 42-kilometer segment of the North Carolina shoreline from Wrightsville Beach to Fort Fisher is presented. Included in the analysis is an interpretation of the littoral processes, longshore transport, and the behavior and success of beach nourishment projects at Wrightsville Beach and Carolina Beach, North Carolina. The historical position of the MLW, MSL, and MHW contours, relative to a fixed base line, is plotted for the period between 1964 and 1975. An equivalent volumetric erosion or accretion between successive surveys is determined by multiplying the average excursion distance of the contours by a constant of proportionality. The plots of excursion distance versus time for the MLW, MSL, and MHW contours also show the time response of the beach fills. This response is described by a mathematical function. The alongshore components of wave-induced energy flux are also determined within the study area through wave refraction analysis. This information, together with the information on volumetric change, is used in a sediment budget analysis to determine the coefficient of alongshore sediment transport and the inlet trapping characteristics. (Author).

Supreme Emergencies and the protection of non-combatants in war

Is it ever justifiable to target non-combatants deliberately? This article assesses Michael Walzer's claim that the deliberate targeting of non-combatants may be justifiable during 'supreme emergencies', a view that has received some support but that has elicited little debate. It argues that the supreme emergencies exception to the prohibition on targeting non-combatants is problematic for at least four reasons. First, its utilitarianism contradicts Walzer's wider ethics of war based on a conception of human rights. Second, the exception may undermine the principle of non-combatant immunity. Third, it is based on a historical fallacy. Finally, it is predicated on a strategic fallacy-the idea that killing noncombatants can win wars. The case for rejecting the exception, however, has been opposed by those who persuasively argue that it is wrong to tie leaders' hands when they confront supreme emergencies. The final part of the article addresses this question and suggests that the principle of proportionality may give political leaders room for manoeuvre in supreme emergencies without permitting them deliberately to target non-combatants.

Influence of adsorbate interaction on transport in confined spaces

This article provides a review of the recent theory of transport in nanopores developed in the author's laboratory. In particular the influence of fluid-solid interactions on the transport coefficient is examined, showing that such interactions reduce the value of the coefficient by almost an order of magnitude in comparison to the Knudsen theory for non-interacting systems. The activation energy and potential energy barriers for diffusion in smooth pores with a one-dimensional potential energy profile are also discussed, indicating the inadequacy of the commonly used assumption of proportionality between the activation energy and heat of adsorption or the minimum pore potential energy. A further feature affected by fluid-solid interactions is the nature of the reflection of fluid molecules colliding with a pore wall surface, varying from being nearly specular - such as in carbon nanotubes - to nearly diffuse for amorphous solids. Diffuse reflection leads to momentum loss and reduced transport coefficients. However, fluid-solid interactions do not affect the transport coefficient in the single-file diffusion regime when the surface reflection is diffuse, and the transport coefficient in this case is largely independent of the adsorbed density.

Student Difficulties with units in differential equations in modelling contexts

First-year undergraduate engineering students' understanding of the units of factors and terms in first-order ordinary differential equations used in modelling contexts was investigated using diagnostic quiz questions. Few students appeared to realize that the units of each term in such equations must be the same, or if they did, nevertheless failed to apply that knowledge when needed. In addition, few students were able to determine the units of a proportionality factor in a simple equation. These results indicate that lecturers of modelling courses cannot take this foundational knowledge for granted and should explicitly include it in instruction.

On the relationship between Bayesian error bars and the input data density

We investigate the dependence of Bayesian error bars on the distribution of data in input space. For generalized linear regression models we derive an upper bound on the error bars which shows that, in the neighbourhood of the data points, the error bars are substantially reduced from their prior values. For regions of high data density we also show that the contribution to the output variance due to the uncertainty in the weights can exhibit an approximate inverse proportionality to the probability density. Empirical results support these conclusions.

La contingence des faits linguistiques:réflexions sur la variation et le changement

This paper is a reflection on the role of contingent facts for the general understanding of language. Such facts are illustrated by the lacks of proportionality in the paradigm of French indefinites and the irregular correlations between the Null Subject Parameter and other hypothesised parameters. Such contingencies clearly go against the expectation raised by at least some versions of structuralism and the current chomskyan Minimalist Program. As demonstrated by alternative views being developed in various natural and social sciences, and as shown by recent research on formulaic language, contingency may be understood as the result of the expedient character of a medium geared towards action. A view of language as action may thus offer a perspective able to account both for the general default rules shaping a grammar and for the contingencies that entrench them in use, as both are integral and complementary aspects of language.

Improving discrimination in data envelopment analysis:some practical suggestions

In some contexts data envelopment analysis (DEA) gives poor discrimination on the performance of units. While this may reflect genuine uniformity of performance between units, it may also reflect lack of sufficient observations or other factors limiting discrimination on performance between units. In this paper, we present an overview of the main approaches that can be used to improve the discrimination of DEA. This includes simple methods such as the aggregation of inputs or outputs, the use of longitudinal data, more advanced methods such as the use of weight restrictions, production trade-offs and unobserved units, and a relatively new method based on the use of selective proportionality between the inputs and outputs. © 2007 Springer Science+Business Media, LLC.

The effect of flying and low humidity on the admittance of the tympanic membrane and middle ear system

Many passengers experience discomfort during flight because of the effect of low humidity on the skin, eyes, throat, and nose. In this physiological study, we have investigated whether flight and low humidity also affect the tympanic membrane. From previous studies, a decrease in admittance of the tympanic membrane through drying might be expected to affect the buffering capacity of the middle ear and to disrupt automatic pressure regulation. This investigation involved an observational study onboard an aircraft combined with experiments in an environmental chamber, where the humidity could be controlled but could not be made to be as low as during flight. For the flight study, there was a linear relationship between the peak compensated static admittance of the tympanic membrane and relative humidity with a constant of proportionality of 0.00315 mmho/% relative humidity. The low humidity at cruise altitude (minimum 22.7 %) was associated with a mean decrease in admittance of about 20 % compared with measures in the airport. From the chamber study, we further found that a mean decrease in relative humidity of 23.4 % led to a significant decrease in mean admittance by 0.11 mmho [F(1,8) = 18.95, P = 0.002], a decrease of 9.4 %. The order of magnitude for the effect of humidity was similar for the flight and environmental chamber studies. We conclude that admittance changes during flight were likely to have been caused by the low humidity in the aircraft cabin and that these changes may affect the automatic pressure regulation of the middle ear during descent. © 2013 Association for Research in Otolaryngology.