Environmental judgements by the Court of Justice and their duration. Research Papers in Law, 4/2008

From the Introduction. Little attention is paid, until now, to the duration of environmental procedures under Articles 226 and 228 EC Treaty, though these procedures are the only instrument at the disposal of the European Commission to enforce the application of EC environmental law1. Indeed, the Commission itself has no possibility to impose a fine or a penalty payment against a Member State, or to withhold sums under the Structural Funds, where a Member State persistently infringes Community environmental law. Rather, the Commission is obliged to first issue a Letter of Formal Notice against a Member State which infringes Community law. Where the infringement is not repaired, the Commission may issue a Reasoned Opinion against the Member State, and if also this does not lead to the compliance with EC law, it may appeal to the Court of Justice2.

Dealing with the Fallout: West Germany's Response to the Solange Decision (1974). ACES Working Papers, 2011

The European Union's powerful legal system has proven to be the vanguard moment in the process of European integration. As early as the 1960s, the European Court of Justice established an effective and powerful supranational legal order, beyond the original wording of the Treaties of Rome through the doctrines of direct effect and supremacy. Whereas scholars have analyzed the evolution of EU case law and its implications, only very recent historical scholarship has examined how the Member States received this process in the context of a number of difficult political and economic crises for the integration process. This paper investigates how the national level dealt with these fundamental transformations in the European legal system. Specifically, it examines one of the Union's most important member states, the Federal Republic of Germany. Faced with a huge number of cases dealing with European law, German judges dealt with the supremacy of European law very cautiously, negotiating between increasingly polarized academic, public and ministerial debates on the question throughout the 1960s. By the mid 1970s, the German Constitutional Court famously limited the power of the ECJ in its Solange decision (1974). This was an expression of a broader discourse in Germany from 1968 onwards about the qualitative nature of democracy and participation in public life and was in some aspects a marker, at which the German elites felt comfortable expressing the value of their national constitutional system on the European stage. This paper examines the political, media and academic build up and response to the Constitutional Court's decision in the 1970s, arguing that the national "reception" is central to understanding the dynamics and evolution of European Union legal history.

The truth lies within: the reconstructive value of inner livores in a homicide case.

Through the widespread use of postmortem computed tomography, inner livores of the lungs have become a frequently observed phenomenon in the field of forensic medicine. Yet their time-dependent development, notably in comparison with the widely studied external livores, remains poorly understood. We present a unique homicide case where the victim was discovered in supine position with correspondent external livores fixed exclusively on the rear side. Yet upon postmortem computed tomography, the victim presented pronounced inner livores within the depending dorsal areas of both lungs but also vertical sedimentation levels solely within the right lung, suggesting an initial right-hand side position and a postmortem re-positioning of the body. Interestingly, this was consistent with tangible hints of postmortem manipulation on-site. It is likely that this repositioning occurred sometime during the early postmortem interval (<6 h) as the external livores have completely rearranged to the final supine position. The presented case suggests different development patterns of inner and outer livores, highlighting the necessity for controlled studies that explore the formation and fixation processes of livor mortis in internal organs. A better understanding of these issues can prove useful in forensic examinations.

Post-mortem CT and MR brain imaging of putrefied corpses

INTRODUCTION Putrefaction of the brain is a challenge to a forensic pathologist because it may lead to considerable organ alterations and restrict documenting reliable autopsy findings. OBJECTIVES This study aims to present a new and systematic evaluation of possible benefits of post-mortem MR Neuroimaging (1.5 Tesla, sequences: T1w, T2w) in putrefied corpses in comparison to PMCT and autopsy. METHODS A post-mortem MRI brain examination was conducted on 35 adult, putrefied corpses after performing a whole body CT scan prior to a forensic autopsy. Imaging data and autopsy findings were compared with regard to brain symmetry, gray and white matter junction, ventricular system, basal ganglia, cerebellum, brain stem, and possible pathological findings. RESULTS At autopsy, a reliable assessment of the anatomical brain structures was often restricted. MR imaging offered an assessment of the anatomical brain structures, even at advanced stages of putrefaction. In two cases, MR imaging revealed pathological findings that were detectable neither by CT scans nor at autopsy. CONCLUSIONS Post-mortem MR imaging of putrefied brains offers the possibility to assess brain morphology, even if the brain is liquefied. Post-mortem MR imaging of the brain should be considered if the assessment of a putrefied brain is crucial to the evaluation of a forensic autopsy case.

Application of phosphatidylethanol (PEth) in whole blood in comparison to ethyl glucuronide in hair (hEtG) in driving aptitude assessment (DAA)

For driving aptitude assessment (DAA), the analysis of several alcohol biomarkers is essential for the detection of alcohol intake besides psycho-medical exploration. In Switzerland, EtG in hair (hEtG) is often the only direct marker for abstinence monitoring in DAA. Therefore, the suitability of phosphatidylethanol (PEth) was investigated as additional biomarker. PEth 16:0/18:1 and 16:0/18:2 were determined by online-SPE-LC-MS/MS in 136 blood samples of persons undergoing DAA and compared to hEtG, determined in hair segments taken at the same time. With a PEth 16:0/18:1 threshold of 210 ng/mL for excessive alcohol consumption, all (n = 30) but one tested person also had hEtG values ≥30 pg/mg. In 54 cases, results are not in contradiction to an abstinence as neither PEth (<20 ng/mL) nor hEtG (<7 pg/mg) was detected. In eight cases, both markers showed moderate consumption. Altogether, PEth and hEtG were in accordance in 68 % of the samples, although covering different time periods of alcohol consumption. With receiver operating characteristic analysis, PEth was evaluated to differentiate abstinence, moderate, and excessive alcohol consumption in accordance with hEtG limits. A PEth 16:0/18:1 threshold of 150 ng/mL resulted in the best sensitivity (70.6 %) and specificity (98.8 %) for excessive consumption. Values between 20 and 150 ng/mL passed for moderate consumption, values <20 ng/mL passed for abstinence. As PEth mostly has a shorter detection window (2-4 weeks) than hEtG (up to 6 months depending on hair length), changes in drinking behavior can be detected earlier by PEth than by hEtG analysis alone. Therefore, PEth helps to improve the diagnostic information and is a valuable additional alcohol marker for DAA.

The 1899 Orange Free State football team tour of Europe:'race', imperial loyalty and sporting contest

In September 1899 an association football team from Bloemfontein in the Orange Free State, South Africa, arrived in the United Kingdom. The team comprised 16 black South Africans who played under the auspices of the whites-only Orange Free State Football Association and was the first ever South African football team to tour abroad. In a four-month tour the team played 49 matches against opposition in England, France, Ireland, Scotland and Wales. A small but growing body of work focuses on black sport and football in particular and the 1899 tour is referred to in passing in a few publications, although none have attempted to uncover details of the team or the matches that were played in Europe. This article attempts to do this by drawing on a range of sources in South Africa and the United Kingdom and argues the case for the significance of this team for football history in general and South African sports history in particular.

Dominions apart:scandal and sporting mismatch in Australian-South African association football encounters, 1947-1955

South Africa, Australia and New Zealand participated in numerous sporting contests prior to World War Two. These encounters were primarily on cricket pitches and rugby fields. After nearly four decades of negotiations the first Association football matches were played between the three countries in 1947. The first tour of South Africa to Australia and New Zealand was plagued by scandals on and off the pitch, but despite this Australia returned the favour and toured South Africa three years later. Another five years would pass before South African returned to Australia, by which time it was clear that a large gulf had emerged between the two nations in terms of sporting ability and organisational efficiency. This article focuses on the three tours of 1947, 1950 and 1955, dissecting each as they occurred against a backdrop of scandal, organisational inefficiency and sporting mismatch.

'Animal electricity' in the long eighteenth century with special reference to the Edinburgh medical school

Coleridge, looking back at the end of the ‘long eighteenth century’, remarked that the whole of natural philosophy had been ‘electrified’ by advances in the understanding of electrical phenomena. In this paper I trace the way in which these advances affected contemporary ‘neurophysiology.’ At the beginning of the long eighteenth century, neurophysiology (in spite of Swammerdam’s and Glisson’s demonstrations to the contrary) was still understood largely in terms of hollow nerves and animal spirits. At the end of that period the researches of microscopists and electricians had convinced most medical men that the old understanding had to be replaced. Walsh, Patterson, John Hunter and others had described the electric organs of electric fish. Gray and Nollet had demonstrated that electricity was not merely static, but flowed. Franklin had alerted the world to atmospheric electricity. Galvani’s frog experiments were widely known. Volta had invented his ‘pile.’ But did ‘animal electricity’ exist and was it identical to the electricity physicists studied in the inanimate world? Was the brain a gland, as Malpighi’s researches seemed to confirm., and did it secrete electricity into the nervous system? The Monros (primus and secundus), William Cullen, Luigi Galvani, Alessandro Volta, Erasmus Darwin, Luigi Rolando and François Baillarger all had their own ideas. This paper reviews these ‘long-eighteenth century’ controversies with special reference to the Edinburgh medical school and the interaction between neurophysiology and physics.

Seeing and believing: three episodes in the history of neurophysiology

In this contribution I look at three episodes in the history of neurophysiology that bring out the complex relationship between seeing and believing. I start with Vesalius in the mid-sixteenth century who writes that he can in no way see any cavity in nerves, even in the optic nerves. He thus questions the age-old theory (dating back to the Alexandrians in the third century BC) but, because of the overarching psychophysiology of his time, does not press his case. This conflict between observation and theory persisted for a quarter of a millennium until finally resolved at the beginning of the nineteenth century by the discoveries of Galvani and Volta. The second case is provided by the early history of retinal synaptology. Schultze in 1866 had represented rod spherules and bipolar dendrites in the outer plexiform layer as being separated by a (synaptic) gap, yet in his written account, because of his theoretical commitments, held them to be continuous. Cajal later, 1892, criticized Schultze for this pusillanimity, but his own figure in La Cellule is by no means clear. It was only with the advent of the electron microscopy in the mid-twentieth century that the true complexity of the junction was revealed and it was shown that both investigators were partially right. My final example comes from the Hodgkin-Huxley biophysics of the 1950s. Their theory of the action potential depended on the existence of unseen ion pores with quite complex biophysical characteristics. These were not seen until the Nobel-Prize-winning X-ray diffraction analyses of the early twenty-first century. Seeing, even at several removes, then confirmed Hodgkin and Huxley’s belief. The relation between seeing and believing is by no means straightforward.

Professional football in apartheid South Africa:leisure, consumption and identity in the national football league, 1959-1977

A growing body of academic and popular literature considers the history of South African football. These and existing publications pay little or no attention to the emergence of white professional football in apartheid South Africa. The National Football League (NFL) challenged the amateur game and introduced professional football to the country. During its 17-year existence, the NFL grew each season with large attendances until its demise in 1977. In addition, the NFL imported a range of international players, invited foreign teams and actively engaged in the political debates in South African sport at the time. The NFL was instrumental in popularising the game across the country for all South Africans. The NFL became the most popular sports entertainment of choice for South Africans during this period. Finally, the NFL actively engaged in a campaign of destroying rival non-racial anti-apartheid leagues while simultaneously co-opting less progressive organisations. © 2013 Taylor and Francis.

Post-Crisis Lessons for Open Economies

In a systemic perspective, what are the primary transmitters of global competitiveness with the proper coordination mechanism? What are the systemic impacts of the U.S. economy on world markets? Will the United States stay the main engine of world economic growth for quite some time to come, or at least in the current decade? Will and should the United States, as the single largest open economy of the world, be in some way responsible for the provision of global economic stability as a valuable public good? Was the recent crisis predictable? These are the main questions addressed, all of which are answered in a new global context, and the responses are based on some known principles of international economics and economic history.

Katalónia a következő független állam Európában? (Will Catalonia be the next independent state?)

A Katalóniában tapasztalható függetlenségi törekvések nem minősülnek csupán spanyol belügynek, komoly uniós és nemzetközi jogi vonatkozással bírnak. Különösen érdekes megvizsgálni, hogy egyes elemzők hogyan közelítik meg a potenciális függetlenedés közgazdasági összefüggéseit, előnyeit és hátrányait. A téma személyesen is érint, mivel 2012 júliusa és 2013 januárja között a barcelonai Universitat Abat Oliba CEU egyetem vendégoktatója és kutatója voltam, így első kézből tapasztaltam a téma érzékenységét. _____ The independence of Catalonia is not just simple Spanish “internal affair”, since it has serious international and European legal aspects. It is very interesting to analyse the different approaches of the parties and experts about the economic pros and cons of the potential independence. The topic is affecting me personally; because I was guest professor and researcher of the Universitat Abat Oliba CEU in Barcelona in a turbulent period from July 2012 until January 2013, so I could experience the sensitiveness of the subject.

Women’s football. Notes for a social history of women’s sport in Spain, 1900-1936

In the context of demands by the European feminist movement at the beginning of the 20th century, in Spain women’s sport flagged up aspirations to what were considered to be male practices. The first experiences of women in football stand out because of their use of the media to appear as a symbol of social transformation to modernity in the 20th century. It was not in vain that women’s football highlighted the demands of the feminist movements, although it did come up against male disapproval from an opposing group. The research sets out from a bibliographical and media review of specialist press and sports news of the time. Other current studies have also been considered in order to place it in a social and historical focus on sport. This has enabled us to highlight that football in Spain was established as an unequivocal space for (re) producing male hegemony where women were relegated to the representation of a symbolic ritual in a scenario of accessory and condescension.

La popularización del fútbol en España. Análisis del fenómeno a través de la literatura especializada del fútbol (1920-1936)

La consolidación del fútbol en España se produjo a partir de los años veinte del siglo pasado. Entre 1920 a 1936 el fútbol adquirió todos los rasgos personales que hoy le caracterizan. En esta época surgió una literatura técnica y periodística especializada que se configuró como uno de los pilares más importantes para el desarrollo técnico deportivo y del espectáculo de masas. En torno a esta cuestión, el presente artículo busca un doble objetivo: recopilar la literatura técnica y periodística especializada publicada durante el período de 1920 a 1936, y reconocer el alcance social, técnico e ideológico de esta literatura futbolística en el proceso de configuración del fútbol en España. Para abordar este propósito hemos utilizado una metodología heurística y de análisis documental de las fuentes originales. Apreciamos que a través de estas obras podemos conocer mejor el contexto del espacio socio-deportivo del fútbol en España y, también, despertar nuevas líneas potenciales de investigación.