Article 260(2) TFEU: An Effective Judicial Procedure for the Enforcement of Judgments?

Article 260(2) TFEU (ex 228(2) EC) enables the European Court of Justice to enforce compliance with its judgements. This article analyses its use in doing so and questions whether it could be applied more effectively. It commences by highlighting the principally economic and environmental context of the case-law, and by examining the initiatives taken to tackle delays in bringing these cases before the Court. The article then critically evaluates the effectiveness of the financial sanctions available to the Court. In doing so, it aims to fill a gap in present research by looking beyond the procedural measures through which the Court and the Commission operate to examine the practical impact of Article 260(2) itself.

The Presumption of Innocence and Irish Criminal Law:Whittling the Golden Thread

The right to be presumed innocent until proven guilty has been described as the 'golden thread' running through the web of the English criminal law and a 'fundamental postulate' of Irish criminal law which enjoys constitutional protection. The purpose of this book is to consider whether the reality matches the rhetoris surrounding this central precept of our criminal law and to consider its efficacy in light of recent legislative innovations.

Threats to the Presumption of Innocence in Irish Criminal Law:An Assessment

The existence of four contemporary threats to the presumption of innocence in England and Wales has recently been posited by Ashworth. In his examination of legislation and case law impacting on the presumption, he concludes ‘generally recognised as a fundamental right it may be, but its precise significance for the defendant is so contingent as to raise doubts’. In an Irish context, Hamilton too has written of the ‘growing insignificance of the presumption of innocence for accused persons’ such that ‘[its] tangible benefits [appear] little in evidence’ in our criminal justice system. In light of these rather depressing diagnoses, the aim of this paper is to attempt to take stock of the law in the Republic of Ireland impacting upon the presumption of innocence as well as to search for some possible explanations for recent developments.

'Just be Brave' - The Experiences of Young Witnesses in Criminal Proceedings in Northern Ireland

The last three decades have witnessed considerable interest in the position of children and young people acting as witnesses in criminal cases and on how best to facilitate them to give their best evidence and minimise the trauma involved. This paper presents the findings of a small-scale study in Northern Ireland examining the experiences of young witnesses pre-trial, during the trial and post-trial. Interviews were carried out with 37 young witnesses and 33 parents, and a questionnaire was completed by 16 volunteers and practitioners working in a local young witness support scheme. The findings indicate that the prospect and actuality of giving evidence in a criminal trial are anxiety-provoking and stressful for the majority of young witnesses. Particular issues identified are delay, both in terms of cases coming to court and in waiting times at court, the availability of pre-trial preparation and support, facilities at court buildings and the treatment of young people during cross-examination by defence lawyers. The paper concludes that there is a continuing need to strive for improvement, and that this necessarily involves reviewing the experiences of young witnesses and seeking their views on measures designed to enable them to give their best evidence. Copyright © 2013 John Wiley & Sons, Ltd.

An automated hybrid procedure for capturing mode-jumping in postbuckling composite stiffened structures

This paper presents a robust finite element procedure for modelling the behaviour of postbuckling structures undergoing mode-jumping. Current non-linear implicit finite element solution schemes, found in most finite element codes, are discussed and their shortcomings highlighted. A more effective strategy is presented which combines a quasi-static and a pseudo-transient routine for modelling this behaviour. The switching between these two schemes is fully automated and therefore eliminates the need for user intervention during the solution process. The quasi-static response is modelled using the are-length constraint while the pseudo-transient routine uses a modified explicit dynamic routine, which is more computationally efficient than standard implicit and explicit dynamic schemes. The strategies for switching between the quasi-static and pseudo-transient routines are presented

Capturing mode-switching in postbuckling composite panels using a modified explicit procedure

A postbuckling blade-stiffened composite panel was loaded in uniaxial compression, until failure. During loading beyond initial buckling, this panel was observed to undergo a secondary instability characterised by a dynamic mode shape change. These abrupt changes cause considerable numerical difficulties using standard path-following quasi-static solution procedures in finite element analysis. Improved methods such as the arc-length-related procedures do better at traversing certain critical points along an equilibrium path but these procedures may also encounter difficulties in highly non-linear problems. This paper presents a robust, modified explicit dynamic analysis for the modelling of postbuckling structures. This method was shown to predict the mode-switch with good accuracy and is more efficient than standard explicit dynamic analysis. (C) 2003 Elsevier Science Ltd. All rights reserved.