Reflections on the institutional balance, the Community Method and the interplay between jurisdictions after Lisbon. Research Papers in Law, 04/2012

[Introduction.] Over the last two years, not only inside but also outside the framework of the EU treaties, far reaching measures have been taken at the highest political level in order to address the financial and economic crisis in Europe and in particular the sovereign debt crisis in the Euro area. This has triggered debates forecasting the “renationalisation of European politics.” Herman Van Rompuy, the President of the European Council, countered the prediction that Europe is doomed because of such a renationalisation: “If national politics have a prominent place in our Union, why would this not strengthen it?” He took the view that not a renationalisation of European politics was at stake, but an Europeanization of national politics emphasising that post war Europe was never developed in contradiction with nation states.1 Indeed, the European project is based on a mobilisation of bundled, national forces which are of vital importance to a democratically structured and robust Union that is capable of acting in a globalised world. To that end, the Treaty of Lisbon created a legal basis. The new legal framework redefines the balance between the Union institutions and confirms the central role of the Community method in the EU legislative and judiciary process. This contribution critically discusses the development of the EU's institutional balance after the entry into force of the Treaty of Lisbon, with a particular emphasis on the use of the Community Method and the current interplay between national constitutional courts and the Court of Justice. This interplay has to date been characterised by suspicion and mistrust, rather than by a genuine dialogue between the pertinent judicial actors.

Albert Camus, leitor de Søren Kierkegaard

Le présent article offre une brève réflexion sur la présence de la pensée de Søren Kierkegaard dans le cycle de l’Absurde de l’œuvre d’Albert Camus. On essayera de montrer comment, en partageant un climat philosophique marqué par l’exaltation du paradoxe et la contradiction en tant que signes distinctifs de l’existence concrète de l’individu, les deux auteurs se séparent en ce qui concerne les conséquences qui découlent de la considération de l’absurdité de la condition humaine. En prenant Camus en tant que lecteur de Kierkegaard, le propos de cette étude sera donc, plutôt qu’une exposition étendue des deux pensées, celui de dévoiler les principaux thèmes de la réflexion kierkegaardienne qu’il faut tenir en compte pour comprendre, en contraposition à celle-ci, toute l’originalité de la pensée camusienne.

A hipertensão pulmonar como consequência de lúpus na gravidez : caso clínico

Trabalho Final do Curso de Mestrado Integrado em Medicina, Faculdade de Medicina, Universidade de Lisboa, 2014

Casual but Smart: The Court’s new clothes in the Area of Freedom Security and Justice (AFSJ) after the Lisbon Treaty. Research Papers in Law, 2/2008

Introduction. Unintended as it was, the European Court of Justice (ECJ, the Court, the Court of the EU) has played an extremely important role in the construction of the Area of Freedom Security and Justice (AFSJ). The AFSJ was set up by the Treaty of Amsterdam in 1997 and only entered into force in May 1999. The fact that this is a new field of EU competence, poses afresh all the fundamental questions – both political and legal – triggered by European integration, namely in terms of: a) distribution of powers between the Union and its Member States, b) attribution of competences between the various EU Institutions, c) direct effect and supremacy of EU rules, d) scope of competence of the ECJ, and e) extent of the protection given to fundamental rights. The above questions have prompted judicial solutions which take into account both the extremely sensible fields of law upon which the AFSJ is anchored, and the EU’s highly inconvenient three-pillar institutional framework.1 The ECJ is the body whose institutional role is to benefit most from this upcoming ‘depilarisation’, possibly more than that of the European Parliament. This structure is on the verge of being abandoned, provided the Treaty of Lisbon enters into force.2 However spectacular this formal boost of the Court’s competence, the changes in real terms are not going to be that dramatic. This apparent contradiction is explained, to a large extent, by the fact that the Court has in many ways ‘provoked’, or even ‘anticipated’, the depilarisation of its own jurisdictional role, already under the existing three-pillar structure. Simply put, under the new – post Treaty of Lisbon – regime, the Court will have full jurisdiction over all AFSJ matters, as those are going to be fully integrated in what is now the first pillar. Some limitations will continue to apply, however, while a special AFSJ procedure will be institutionalised. Indeed, if we look into the new Treaty we may identify general modifications to the Court’s structure and jurisdiction affecting the AFSJ (section 2), modifications in the field of the AFSJ stemming from the abolition of the pillar structure (section 3) and, finally, some rules specifically applicable to the AFSJ (section 4).

British Balance of Competence Reviews, Part III: More reform than renegotiation or repatriation. EPIN [Working] Paper No. 42/December 2014. [see Abstract for I and II]

This paper, the third in a series for a CEPS project on the ‘The British Question’, is pegged on an ambitious exercise by the British government to review all the competences of the European Union on the basis of evidence submitted by independent stakeholders. The reviews considered in this paper cover the following EU policies: the single market for services, financial markets, the free movement of people, cohesion, energy, agriculture, fisheries, competition, social and employment policies, and fundamental rights. The declared objective of Prime Minister Cameron is to secure a ‘new settlement’ between the UK and the EU. From political speeches in the UK one can identify three different types of possible demand: reform of EU policies, renegotiation of the UK’s specific terms of membership, and repatriation of competences from the EU back to the member states. As most of the reviews are now complete, three points are becoming increasingly clear: i) The reform agenda – past, present or future - concerns virtually every branch of EU policy, including several cases reviewed here that are central to stated UK economic interests. The argument that the EU is ‘unreformable’ is shown to be a myth. ii) The highly sensitive cases of immigration from the EU and social policies may translate into requests for renegotiation of specific conditions for the UK, but further large-scale opt-outs, as in the case of the euro and justice and home affairs, are implausible. iii) While demands for repatriation of EU competences are voiced in general terms in public debate in the UK, no specific proposals emerge from the evidence as regards competences at the level at which they are identified in the treaties, and there is no chance of achieving consensus for such ideas among member states. Michael Emerson and Steven Blockmans, “British Balance of Competence Reviews, Part I: ‘Competences about right, so far’”, CEPS/EPIN Working Paper No. 35, October 2013 (www.ceps.eu/book/british-balance-competence-reviews-part-i-%E2%80%98competences-about-right-so-far%E2%80%99)(http://aei.pitt.edu/45599/); Michael Emerson, Steven Blockmans, Steve Peers and Michael Wriglesworth, “British Balance of Competence Reviews, Part II: Again, a huge contradiction between the evidence and Eurosceptic populism”, CEPS/EPIN Working Paper No. 40, June 2014 (www.ceps.eu/book/british-balance-competence-reviews-part-ii-again-huge-contradiction-between-evidence-and-eurosc)(http://aei.pitt.edu/52452/).

The Budget of the European Union. IES WORKING PAPER 4/2010

This paper first provides a short history of the European budget, focusing on the development of the EU’s “own resources”. It then elaborates on the fundamental changes to the financial system and the budgetary procedure that the Treaty of Lisbon introduced. It is posited that with the amendments the budgetary process has lost clarity. Whilst the multiannual framework may provide for long-term stability, it stands in contradiction to a central principle of parliamentary democracy: annual budgets. The EU’s search for a fair and transparent budgetary system has not yet come to full fruition. Europe needs a fairer and more transparent system. Since the Luxembourg agreement of 1970, the Union has not done anything with the VAT as own resources. The VAT is related to the welfare standards and developments in the Member States. A fixed share of this indirect tax could form the base of a long term financing plan for the general EU budget.

Energy efficiency: the ever neglected priority of the European energy strategy. Egmont Paper No. 66, June 2014

Summary. Energy saving has been a stated policy objective of the EU since the 1970s. Presently, the 2020 target is a 20% reduction of EU energy consumption in comparison with current projections for 2020. This is one of the headline targets of the European Energy Strategy 2020 but efforts to achieve it remain slow and insufficient. The aim of this paper is to understand why this is happening. Firstly, this paper examines the reasons why public measures promoting energy efficiency are needed and what form these measures should optimally take (§ 1). Fortunately, over the last 20 years, much research has been done into the famous ‘energy efficiency gap’ (or ‘the energy efficiency paradox’), even if more remains to be done. Multiple explanations have been given: market failures, modelling flaws and behavioural obstacles. Each encompasses many complex aspects. Several types of instruments can be adopted to encourage energy efficiency: measures guaranteeing the correct pricing of energy are preferred, followed by taxes or tradable white certificates which in turn are preferred to standards or subsidies. Information programmes are also necessary. Secondly, the paper analyzes the evolution of the different programmes from 2000 onwards (§ 2). This reveals the extreme complexity of the subject. It deals with quite diverse topics: buildings, appliances, public sector, industry and transport. The market for energy efficiency is as diffuse as energy consumption patterns themselves. It is composed of many market actors who demand more efficient provision of energy services, and that suppliers of the necessary goods and know-how deliver this greater efficiency. Consumers in this market include individuals, businesses and governments, and market activities cover all energy-consuming sectors of the economy. Additionally, energy efficiency is the perfect example of a shared competence between the EU and the Member States. Lastly, the legal framework has steadily increased in complexity, and despite the successive energy efficiency programmes used to build this framework, it has become clear that the gap between the target and the results remains. The paper then examines whether the 2012/27/EU Directive adopted to improve the situation could bring better results. It briefly describes the content of this framework Directive, which accompanies and implements the latest energy efficiency programme (§ 3). Although the Directive is technically complex and maintains nonbinding energy efficiency targets, it certainly represents an improvement in several aspects. However, it is also saddled with a multiplicity of exemption clauses and interpretative documents (with no binding value) which weaken its provisions. Furthermore, alone, it will allow the achievement of only about 17.7% of final energy savings by 2020. The implementation process, which is essential, also remains fairly weak. The paper also gives a glimpse of the various EU instruments for financing energy efficiency projects (§ 4). Though useful, they do not indicate a strong priority. Fourthly, the paper tries to analyze the EU’s limited progress so far and gather a few suggestions for improvement. One thing seems to remain useful: targets which can be defined in various ways (§ 5). Basically, all this indicates that the EU energy efficiency strategy has so far failed to reach its targets, lacks coherence and remains ambiguous. In the new Commission’s proposals of 22 January 2014 – intended to define a new climate/energy package in the period from 2020 to 2030 – the approach to energy efficiency remains unclear. This is regrettable. Energy efficiency is the only instrument which allows the EU to reach simultaneously its three targets: sustainability, competitiveness and security. The final conclusion appears thus paradoxical. On the one hand, all existing studies indicate that the decarbonization of the EU economy will be absolutely impossible without some very serious improvements in energy efficiency. On the other hand, in reality energy efficiency has always been treated as a second zone priority. It is imperative to eliminate this contradiction.

Do Too Many Chefs Really Spoil the Broth? The European Commission, Bureaucratic Politics and European Integration, CES Germany & Europe Working Papers, No. 09.2, 5 August 1999

There is a puzzling, little-remarked contradiction in scholarly views of the European Commission. On the one hand, the Commission is seen as the maestro of European integration, gently but persistently guiding both governments and firms toward Brussels. On the other hand, the Commission is portrayed as a headless bunch of bickering fiefdoms who can hardly be bothered by anything but their own in­ ternecine turf wars. The reason these very different views of the same institution have so seldom come into conflict is quite apparent: EU studies has a set of relatively autonomous and poorly integrated sub­ fields that work at different levels of analysis. Those scholars holding the "heroic" view of the Com­ mission are generally focused on the contest between national and supranational levels that character­ ized the 1992 program and subsequent major steps toward European integration. By contrast, those scholars with the "bureaucratic politics" view are generally authors of case studies or legislative his­ tories of individual EU directives or decisions. However, the fact that these twO images of the Commis­ sion are often two ships passing in the night hardly implies that there is no dispute. Clearly both views cannot be right; but then, how can we explain the significant support each enjoys from the empirical record? The CommiSSion, perhaps the single most important supranational body in the world, certainly deserves better than the schizophrenic interpretation the EU studies community has given it. In this paper, I aim to make a contribution toward the unraveling of this paradox. In brief, the argument I make is as follows: the European Commission can be effective in pursuit of its broad integration goals in spite of, and even because of, its internal divisions. The folk wisdom that too many chefs spoil the broth may often be true, but it need not always be so. The paper is organized as follows. 1 begin with an elaboration of the theoretical position briefly out­ lined above. 1 then tum to a case study from the major Commission efforts to restructure the computer industry in the context of its 1992 program. The computer sector does not merely provide interesting, random illustrations of the hypothesis 1 have advanced. Rather, as Wayne Sandholtz and John Zysman have stressed, the Commission's efforts on informatics formed one of the most crucial parts of the en­ tire 1992 program, and so the Commission's success in "Europeanizing" these issues had significant ripple effects across the entire European political economy. I conclude with some thoughts on the fol­ lowing question: now that the Commission has succeeded in bringing the world to its doorstep, does its bureaucratic division still serve a useful purpose?

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.

Stable carbon and oxygen isotope ratios of benthic and planktic foraminifera from the Atlantic Ocean

Benthonic foraminifera in late Pleistocene deep-sea cores show significant variation in delta 13C with depth in sediment. This, and the report by Sommer et al., (in prep) of delta 13C variations in planktonic foraminifera, indicate that the delta13C in dissolved oceanic CO2 undergoes a significant change in a few thousand years. This is in apparent contradiction to the estimated 300 ka residence time for carbon in the ocean. It is suggested that this is a consequence of changes in the terrestrial plant biomass, which has a delta13C of about -25?. Postulated changes in world vegetation, particularly in tropical rainforests during the Late Pleistocene, were sufficient to produce change of the magnitude observed. Rapid expansions of forests between 13 ka and 8 ka ago may have resulted in the striking accumulation of aragonite pteropods in Atlantic Ocean sediments of the age. Rapid deforestation during an interglacial-glacial transition probably caused the intense carbonate dissolution which is observed in Equatorial Pacific Ocean sediments deposited over this interbal. The current rate of injection of fossil fuel CO2 into the atmosphere is substantially greater than the rate at which it was added during post-interglacial aridification in the tropics.

(Table 1) Soil density and concentration of 10Beryllium and 26Aluminium in samples from two ash deposits in the McMurdo Dry Valleys

The McMurdo Dry Valleys, Antarctica (MDV) are among the oldest landscapes on Earth, and some landforms there present an intriguing apparent contradiction such that millions of years old surface deposits maintain their meter-scale morphology despite the fact that measured erosion rates are 0.1-4 m/Ma. We analyzed the concentration of cosmic ray-produced 10Be and 26Al in quartz sands from regolith directly above and below two well-documented ash deposits in the MDV, the Arena Valley ash (40Ar/39Ar age of 4.33 Ma) and the Hart ash (K-Ar age of 3.9 Ma). Measured concentrations of 10Be and 26Al are significantly less than expected given the age of the in situ air fall ashes and are best interpreted as reflecting the degradation rate of the overlying sediments. The erosion rate of the material above the Arena Valley ash that best explains the observed isotope profiles is 3.5 ± 0.41 x 10**-5 g/cm**2/yr (~0.19 m/Ma) for the past ~4 Ma. For the Hart ash, the erosion rate is 4.8 ± 0.21 x 10**-4 g/cm**2/yr (~2.6 m/Ma) for the past ~1 Ma. The concentration profiles do not show signs of mixing, creep, or deflation caused by sublimation of ground ice. These results indicate that the slow, steady lowering of the surface without vertical mixing may allow landforms to maintain their meter-scale morphology even though they are actively eroding.

O zasadzie sprzeczności u Arystotelesa; studyum krytyczne.

Bibliographical footnotes.

Éloges de Madame Geoffrin, contemporaine de Madame Du Deffand, par MM. Morellet, Thomas et d'Alembert, suivis de lettres de Madame Geoffrin et à Madame Geoffrin : et d'un essai sur la conversation, etc., etc.,

--Portrait de Madame Geoffrin, par A. Morellet.--A la mémoire de Madame Geoffrin, par Thomas.--Lettre de d'Alembert à Condorcet, sur Madame Geoffrin.--Lettres de Madame Geoffrin et à Madame Geoffrin.--De la conversation.--De l'esprit de contradiction.

Chefs-d'œuvre des auteurs comiques ...

t. 1. Scarron : Jodelet. Don Japhet d'Armenie. Montfleury: La femme juge et partie. La fille capitaine. La Fontaine: Le florentin. Boursault: Le mercure galant. Baron: L'homme à bonnes fortunes. - t. 2. Dancourt: Le chevalier à la mode. Le marie retrouvé. Les trois cousines. Le galant jardinier. Les bourgeoises de qualité. Dufresny: L'esprit de contradiction. Le double veuvage. La coquette de village. Le mariage fait en rompu. - t. 3. Brueys et Palaprat: Le grondeur. L'avocat Patelin. Le Sage: Crispin rival de son maître. Turcaret. D'Allainval: L'école des bourgeois. La Chaussée: Le préjujé à la mode. L'école des mères. - t. 4. Destouches: Le philosophe marié. Le glorieux. Le dissipateur. La fausse Agnès. Fagan: La pupille. Les originaux. Boissy: Les dehors trompeurs. - t. 5. Marivaus: Le legs. Les fausses confidances. Le jeu de l'amour et du hasard. Piron: Le métromanie. Gresset: Le Méchant. Voltaire: Nanine. Rousseau, J. J.: Le devin du village. - t. 6. Desmahis: L'impertinent. La Noue: La coquette corrigée. Saurin: Les moeurs du temps. Favart: Les trois sultanes. La chercheuse d'esprit. Les amours de Bastien et Bastienne. Annette et Lubin. Ninette à la coeur. Les reveries renouvelées des grecs. Barthe: Les fausses infidélités. Poinsinet de Sivry: Le cercle. - t. 7. Sedaine: Le philosophe sans le savoir. Le gageure imprévue. Marmontel: L'ami de la maison. Collé: La partie de chasse de Henri IV. Monvel: L'amant bourru. Andrieux: Les étourdis. Le rêve du mari. Anaximandre. Chéron: Le tartuffe de moeurs. - t. 8. Collin d'Harleville: Les châteaux en Espagne. Le vieux célibataire. Fabre d'Eglantine: La philinte de Molière. L'intrigue épistolaire. Desforges: Le sourd. Lemercier: Plaute. Pinto.

Enantiodromia

Thesis (Master's)--University of Washington, 2016-06