The Electoral Rise of Populist Radical Right Parties in Europe: Ideological Parameters and Social Motivations

Populist radical right parties have become major political actors in Europe. This paper analyses the path and the different phases that have led them from the fringes of public debate to their present signifi cance, which is based on their capacity to attract electoral support and infl uence the political agendas in their respective countries. Besides, an analysis of the core ideological beliefs of these parties, and of the topics on which their mobilization capacity rests, is provided, as well as of the type of voters that are attracted by them. Finally, the authors discuss the meaning and impact of the growing popularity of the ideas and proposals put forward by the populist radical right parties.

Balancing Rights in Religious Education through Collaboration and Dialogue

While the right of parents to educate their children in their religious or philosophical conviction is recognised in Human Rights instruments (e.g. CoE 1952, protocol 1), educators must also attend to the right of a child to autonomy (UN 1989, Article 12.1) and the right of liberal democratic states to reproduce values of equity and freedom. This paper argues that certain forms of inter-religious dialogue and/or inter-religious collaborative learning can assist educators in balancing these rights where religion has significant influence and power over the management of schools and/or the curriculum. It is argued that in addition to the learning benefits which may result, the use of collaboration and dialogue goes some way in addressing three philosophical criticisms of religious education: first that religiously separate and religiously based education pays insufficient attention to the rights of children and, secondly, is likely to contribute to social fragmentation; and third, pupils will lack the skills to overcome prejudice or intolerance where they have no experience of others as a result of separate schooling or from a religiously narrow curriculum, and the latter may in fact support intolerant views. A rationale is developed that asserts the value of collaboration or dialogue as a pedagogical strategy that can, to some degree, mitigate potential negative outcomes from religious education. This argument is further supported with reference to a range of empirical studies.

La loi applicable aux transferts de biens virtuels

Thèse réalisée en cotutelle avec l'université Paris1-Sorbonne

Geneza, rola i cechy preambuły w aktach prawnych

Artykuł ma na celu poszerzenie wiedzy czytelnika na temat preambuły. Jego wprowadzenie opiera się na etymologii słowa „preambuła”. Pozwala również zapoznać się z podstawowymi cechami i funkcjami preambuły. Kolejna część opisuje pochodzenie preambuły jako formy wstępu do aktu normatywnego. Przedstawia jej historię w odwołaniu do źródeł archaicznych oraz do pierwszych polskich aktów prawnych. W części trzeciej przedstawione są cechy wstępu na przykładzie polskich aktów normatywnych. Dokładnej analizie poddawane są poszczególne elementy preambuły. Część ta porusza również problematykę celu zamieszczania areng. Dalej opisywane są preambuły pojawiające się w zagranicznych aktach prawnych takich jak: Deklaracja Niepodległości Stanów Zjednoczonych Ameryki, Konstytucja USA, Deklaracja Praw Człowieka i Obywatela oraz Ustawa zasadnicza Republiki Federalnej Niemiec. Piąta część traktuje o sporze prawników, dotyczącym charakteru preambuły – jako części normatywnej lub deklaratoryjnej aktu normatywnego. Przytoczono argumenty obu stron oraz powołano się na opinie ekspertów, a także orzecznictwo Trybunału Konstytucyjnego. W zakończeniu artykułu podkreślona została istotna rola preambuły w aktach normatywnych. Wyjaśnione jest także dlaczego zrezygnowanie z tej formy wstępu jest niepożądane i jakie byłyby tego ewentualnie konsekwencje.

La loi applicable aux transferts de biens virtuels

Thèse réalisée en cotutelle avec l'université Paris1-Sorbonne

Standardised tobacco packaging:a health policy case study of corporate conflict expansion and adaptation

Objectives: To investigate opposition to standardised tobacco packaging in the UK. To increase understanding of how transnational corporations are adapting to changes in their access to policymakers precipitated by Article 5.3 of the Framework Convention on Tobacco Control (FCTC). Design: Case study web-based documentary analysis, using NVivo V.10. Examination of relationships between opponents of standardised packaging and transnational tobacco companies (TTCs) and of the volume, nature, transparency and timing of their activities. Setting: UK standardised packaging policy debate 2011-2013. Participants: Organisations selected on basis of opposition to, or facilitation thereof, standardised tobacco packaging in the UK; 422 associated documents. Results: Excluding tobacco manufacturing and packaging companies (n=12), 109 organisations were involved in opposing standardised packaging, 82 (75%) of which had a financial relationship with 1 or more TTC. These 82 organisations (43 actively opposing the measure, 39 facilitating opposition) were responsible for 60% of the 404 activities identified, including the majority of public communications and research production. TTCs were directly responsible for 28% of total activities, predominantly direct lobbying, but also financially underwrote third party research, communication, mass recruitment and lobbying. Active organisations rarely reported any financial relationship with TTCs when undertaking opposition activities. Conclusions: The multifaceted opposition to standardised packaging was primarily undertaken by third parties with financial relationships with major tobacco manufacturers. Low levels of transparency regarding these links created a misleading impression of diverse and widespread opposition. Countries should strengthen implementation of Article 5.3 of the FCTC by systematically requiring conflict of interest declarations from all organisations participating in political or media debates on tobacco control.

TOWARD A POLITICAL CONCEPTION OF MINORITY RIGHTS: RECONCILING SOVEREIGNTY, HUMAN RIGHTS AND MINORITY CLAIMS

The question that I will explore in this research dissertation is whether one can defend the rights of homeland minorities as a progressive extension of the existing norms of human rights. This question calls for several deeper inquiries about the nature, the function and the underlying justifications for both human rights and minority rights. In particular, this research project will examine the following issues: on what normative grounds the available norms of human rights and minority rights are justified; if there is any methodic way to use the normative logic of human rights to support substantial forms of minority claims, such as the right to self-determination; whether human rights can take the form of group rights; and finally, whether there is any non-sectarian basis for justifying the minority norms, which can be acceptable from both liberal and non-liberal perspectives. This research project has some implications for both theories of minority rights and human rights. On the one hand, the research employs the topic of minority rights to shed light on deficiencies of the existing political theories of human rights. On the other hand, it uses the political theory to shed light on how existing theories of minority rights could be improved and amended. The inquiry will ultimately clarify how to judge the merit of the claim that minority rights are or should be a part of human rights norms.

Derechos humanos y migración: el caso de la Corte Interamericana de Derechos Humanos

ResumenLa Corte Interamericana con las dos opiniones consultivas sobre la situación de la clase trabajadora migrante en los Estados Unidos, está enfatizando el hecho que los Estados tienen la obligación general de respetar y garantizar los derechos fundamentales. Con este propósito deben adoptar medidas positivas, evitar tomar iniciativas que limiten o conculquen un derecho fundamental, y suprimir las medidas y prácticas que restrinjan o vulneren un derecho fundamental. El incumplimiento mediante cualquier tratamiento discriminatorio, de la obligación general de respetar y garantizar los derechos humanos, le genera responsabilidad internacional.El principio de igualdad y no discriminación posee un carácter fundamental para la salvaguardia de los derechos humanos, tanto en el derecho internacional como en el interno.El principio fundamental de igualdad y no discriminación forma parte del derecho internacional general, en cuanto es aplicable a todo Estado, independientemente de que sea parte o no en determinado tratado internacional. En la actual etapa de la evolución del derecho internacional,este principio ha ingresado en el dominio del jus cogens, es decir de principios universalmente aceptados que no admiten posición en contra. El principio fundamental de igualdad y no discriminación, revestido de carácter imperativo, acarrea obligaciones de protección que vinculan a todos los Estados y generan efectos con respecto a terceros, inclusive particulares.Palabras clave: migración, derechos humanos, corte interamericana, opinión consultiva. AbstractThe Inter-American Court with the two advisory opinions on the situation of migrant workers in the United States is emphasizing the fact that the United States has the obligation to respect and guaranteefundamental rights. With this purpose, it should take positive actions, avoiding taking initiatives to limit or infringe a fundamental right, and eliminate measures and practices that restrict or violate afundamental rights. Failure by any discriminatory treatment of the general obligation to respect and guarantee human rights, gives rise to international responsibility. The principle of equality and nondiscrimination is fundamental for the protection of human rights both in international law and the domestic. The fundamental principle of equality and non discriminationforms part of the general international law as applicable to all States, regardless of party or a specific international treaty. At the current stage of evolution of international law, the fundamentalprinciple of equality and non-discrimination has entered the domain of jus cogens, ie of universally accepted principles that do not support position against it. The fundamental principle of equality andnondiscrimination, a peremptory nature, entails obligations to protect that bind all States and generate effects on third parties, including individuals.Keywords: migration, human rights, Inter-American Court, advisory opinion.

The Impact of Cooperation on Defendants' Rights before the ICC: A Contextual Approach

The present study locates the challenges faced by defendants during cooperation proceedings in the context of the unique structural system of the Court, and the inherent tensions and limitations that characterize the ICC’s functioning. The study is divided into two parts. The first part sets out the institutional and jurisdictional context in which cooperation plays out at the ICC. Chapter 2 addresses the ICC dependence on cooperation from an institutional, a political and a normative dimension, showing that compliance with requests for cooperation is ultimately tied to State political willingness and international political pressure; Chapter 3 delves into the connection between cooperation and the complementary jurisdiction of the Court, criticising the ‘positive approach’ to complementarity endorsed by the Prosecutor in order to enhance states cooperation. The second part of the study addresses the impact that cooperation occurring in the above-explained context has on the right to liberty of defendants and on equality of arms. Chapter 4 and 5 analyse the ICC’s law protecting the selected rights, as well as the practice regarding allegations of violations of these rights brought forward by some defendants. It concludes that, so far, the organs of the Court (i.e., the Prosecutor and the judges) have failed to engage with the structural tensions and limitations of the Court with a view of protecting the rights of suspects and accused.

Bank Governance and the Bail-in in the EU. A Law & Finance analysis on the role of bail-inable creditors

This dissertation assesses the impact of the EU Directive on Bank Recovery and Resolution (BRRD) on bank corporate governance and investigates a fundamental question. Can the resolution framework for distressed banks enhance the quality of banks’ decision making? According to the Directive, the Resolution Authority can impose losses on bank’s creditors in case of distress through a bail-in. Bail-inable creditors become residual claimants of the bank, contingent on its distress. The first part of the dissertation establishes an analytical framework for bank governance, starting from the problem of what can be defined as “good governance” in banking. The dissertation hypothesizes that governance regulation represents a necessary link between the incentives of corporate constituencies and the goals of substantive regulation. The second part builds upon this analytical framework and carries out a positive analysis encompassing three channels of debt governance; namely, price internalisation of risk; contractual arrangements and the discrete impact of different type of creditors. The existence of a resolution framework should incentivise bail-inable creditors to better discipline the borrowing bank; yet, the design of both the capital and resolution regulation largely foreclose such possibility to creditors. Against this backdrop, the third part of the dissertation moves to normative considerations. The approach to this normative part combines and complements the study of cash flow rights of the management with the study of the voting rights to bail-inable creditors. On the cash flow side, the dissertation proposes to include bail-inable debt as part of the variable remuneration for bank risk-takers. On the voting right, the proposal is to grant a limited basket of ex-ante governance rights to bail-inable creditors. Such a unified approach is rather uncommon in the literature, where cash flow rights and voting rights are often approached separately whereas those complement each other in the dissertation.

Interfaces between national and EU law: time limits in cross-border civil proceedings and their impact on the free circulation of judgments

The thesis aims at exploring possible legal solutions to remove the obstacles to the free circulation of judgments in the civil justice area that arise from the remarkably diverging national rules on procedural time limits. As shown by the case-law of the CJEU, time limits have recently come under closer scrutiny. The interplay between national and EU law illustrates that time limits raise significant deficiencies connected with the right to a fair trial under Art. 6 ECHR and Art. 47 CFR – e.g. the effective recovery of claims, effective judicial protection, effective cross-border enforcement of judgments – which negatively impact EU cross-border civil litigation. In order to overcome some of the weaknesses of the current legal framework governing the cross-border enforcement of judgments and strengthen the parties’ fundamental procedural rights the PhD thesis intends to determine whether and, to what extent time limits can be harmonised at EU level. EU action on time limits would indeed favour the speed, efficiency and proportionality of cross-border proceedings without sacrificing the fairness of the judicial process and the equality of the parties

Factors Associated With Reporting Of Abuse Against Children And Adolescents By Nurses Within Primary Health Care.

to analyze the factors associated with the underreporting on the part of nurses within Primary Health Care of abuse against children and adolescents. cross-sectional study with 616 nurses. A questionnaire addressed socio-demographic data, profession, instrumentation and knowledge on the topic, identification and reporting of abuse cases. Bivariate and multivariate logistic regression was used. female nurses, aged between 21 and 32 years old, not married, with five or more years since graduation, with graduate studies, and working for five or more years in PHC predominated. The final regression model showed that factors such as working for five or more years, having a reporting form within the PHC unit, and believing that reporting within Primary Health Care is an advantage, facilitate reporting. the study's results may, in addition to sensitizing nurses, support management professionals in establishing strategies intended to produce compliance with reporting as a legal device that ensures the rights of children and adolescents.

Polarized Light (lambda 400-2000 nm) on Third-Degree Burns in Diabetic Rats: Immunohistochemical Study

Aim: The aim of this study was to evaluate with light microscopy the healing process of third-degree burns on diabetic rats treated with polarized light (lambda 400-2000 nm, 20 or 40 J/cm(2)/session, 40 mW/cm(2), 2.4 J/cm(2)/min, 5.5-cm beam diameter). Background: Uncontrolled diabetes mellitus causes severe disruption of the body's metabolism, including healing. Polarized light sources have been shown to be effective in improving healing in many situations. Animals and Methods: Diabetes mellitus was induced with streptozotocin (60 mg/kg) in 45 male Wistar albino rats, and a third-degree burn (1.5 by 1.5 cm) was created on the dorsum of each animal under general anesthesia. The animals were randomly distributed into three groups: control, 20 J/cm(2), and 40 J/cm(2). Each group was then divided into three subgroups based on time of death (7, 14, 21 d). Phototherapy (20 or 40 J/cm(2) per session) was carried out immediately after the burning and repeated daily until the day before death. Following animal death, specimens were removed, embedded in paraffin, sectioned, and stained with hematoxylin and eosin (HE) or Sirius Red or immunomarked with CK AE1/AE3 antibody. Qualitative and semiquantitative analyses were performed under light microscopy. The results were statistically analyzed. Results: The animals treated with 20 J/cm(2) showed significant differences with regard to revascularization and re-epithelialization. Although the 40 J/cm(2) group showed stimulation of fibroblastic proliferation as an isolated feature, no other difference from the control was observed. Conclusion: Our results suggest that the use of polarized light at 20 J/cm(2) effectively improves the healing of third-degree burns on diabetic animals at both early and late stages of repair.

Increased Occurrence of Dental Anomalies Associated with Second-Premolar Agenesis

Objective: To evaluate the prevalence of dental anomalies in patients with agenesis of second premolars and compare the findings with the prevalence of these anomalies in the general population. Materials and Methods: A Brazilian sample of 203 patients aged 8 to 22 years was selected. All patients presented agenesis of at least one second premolar. Panoramic and periapical radiographs and dental casts were used to analyze the presence of other associated dental anomalies, including agenesis of other permanent teeth, ectopia of unerupted permanent teeth, infraocclusion of deciduous molars, microdontia of maxillary lateral incisors, and supernumerary teeth. The occurrence of these anomalies was compared with occurrence data previously reported for the general population. Statistical testing was performed using the chi-square test (P < .05) and the odds ratio. Results: The sample with agenesis of at least one second premolar presented a significantly increased prevalence rate of permanent tooth agenesis (21%), excluding third molars. Among the sample segment aged 14 years or greater (N = 77), occurrence of third-molar agenesis (48%) exceeded twice its normal frequency. Significant increases in occurrence of microdontia of maxillary lateral incisors (20.6%), infraocclusion of deciduous molars (24.6%), and distoangulation of mandibular second premolars (7.8%) were observed. Palatally displaced canine anomaly was also significantly elevated (8.1%). Conclusion: The results provide evidence that agenesis of other permanent teeth, microdontia, deciduous molar infraocclusion, and certain dental ectopias are the products of the same genetic mechanisms that cause second-premolar agenesis. (Angle Orthod. 2009;79:436-441.)

The look of royalty: visual and odour signals of reproductive status in a paper wasp

Reproductive conflicts within animal societies occur when all females can potentially reproduce. In social insects, these conflicts are regulated largely by behaviour and chemical signalling. There is evidence that presence of signals, which provide direct information about the quality of the reproductive females would increase the fitness of all parties. In this study, we present an association between visual and chemical signals in the paper wasp Polistes satan. Our results showed that in nest-founding phase colonies, variation of visual signals is linked to relative fertility, while chemical signals are related to dominance status. In addition, experiments revealed that higher hierarchical positions were occupied by subordinates with distinct proportions of cuticular hydrocarbons and distinct visual marks. Therefore, these wasps present cues that convey reliable information of their reproductive status.