La administración concursal como sujeto del proceso jurisdiccional español. Su posición en la determinación del patrimonio concursal

Desde tiempos inmemoriales, la presencia de sujetos encargados de la administración del patrimonio del concursado ha sido consustancial a la existencia de procesos en los que se declaraba la insolvencia del deudor. Tradicionalmente, estos sujetos ostentaban un papel de singular alcance para el correcto desarrollo del concurso. En la actualidad se erigen en el motor del concurso. El vasto cometido atribuido a la administración concursal nos obliga a restringir nuestra investigación. En particular, centraremos nuestra atención en la posición jurídico procesal de la administración concursal en aquellas actuaciones que desarrolla ésta a la hora de determinar el patrimonio concursal. Para ello, partiendo de las líneas generales que a través de la historia han definido a los órganos de administración concursal, analizaremos el régimen jurídico de la actual administración concursal en España. A continuación, estudiaremos la naturaleza jurídica de la limitación a las facultades patrimoniales que sufre el deudor con la declaración de concurso y el reconocimiento que, como parte procesal, le atribuye la Ley de Enjuiciamiento Civil al patrimonio concursal. Todo ello, nos permitirá pronunciarnos sobre la referida posición de la administración concursal, como parte o como representante. Tras lo descrito, nos ocuparemos de determinar la posición que ocupa la administración concursal en aquellos procesos que ya estuvieran pendientes en el momento de la declaración de concurso y aquellos otros procesos nuevos que inicia aquella por su propia iniciativa. Por último, analizaremos la descrita posición procesal en el ejercicio de acciones de reintegración y demás de impugnación así como en aquellos supuestos en los que se impugna el inventario o la lista de acreedores.

Enhancement of inductive power transfer with flat spiral resonators

The aim of this thesis is to develop a depth analysis of the inductive power transfer (or wireless power transfer, WPT) along a metamaterial composed of cells arranged in a planar configuration, in order to deliver power to a receiver sliding on them. In this way, the problem of the efficiency strongly affected by the weak coupling between emitter and receiver can be obviated, and the distance of transmission can significantly be increased. This study is made using a circuital approach and the magnetoinductive wave (MIW) theory, in order to simply explain the behavior of the transmission coefficient and efficiency from the circuital and experimental point of view. Moreover, flat spiral resonators are used as metamaterial cells, particularly indicated in literature for WPT metamaterials operating at MHz frequencies (5-30 MHz). Finally, this thesis presents a complete electrical characterization of multilayer and multiturn flat spiral resonators and, in particular, it proposes a new approach for the resistance calculation through finite element simulations, in order to consider all the high frequency parasitic effects. Multilayer and multiturn flat spiral resonators are studied in order to decrease the operating frequency down to kHz, maintaining small external dimensions and allowing the metamaterials to be supplied by electronic power converters (resonant inverters).

Mikrobielle Prozesskontrolle in Biogasanlagen durch Monitoring der Kohlenstoff-Isotopenverhältnisse im Gasbereich

Der zunehmende Anteil von Strom aus erneuerbaren Energiequellen erfordert ein dynamisches Konzept, um Spitzenlastzeiten und Versorgungslücken aus der Wind- und Solarenergie ausgleichen zu können. Biogasanlagen können aufgrund ihrer hohen energetischen Verfügbarkeit und der Speicherbarkeit von Biogas eine flexible Energiebereitstellung ermöglichen und darüber hinaus über ein „Power-to-Gas“-Verfahren bei einem kurzzeitigen Überschuss von Strom eine Überlastung des Stromnetzes verhindern. Ein nachfrageorientierter Betrieb von Biogasanlagen stellt jedoch hohe Anforderungen an die Mikrobiologie im Reaktor, die sich an die häufig wechselnden Prozessbedingungen wie der Raumbelastung im Reaktor anpassen muss. Eine Überwachung des Fermentationsprozesses in Echtzeit ist daher unabdingbar, um Störungen in den mikrobiellen Gärungswegen frühzeitig erkennen und adäquat entgegenwirken zu können. rnBisherige mikrobielle Populationsanalysen beschränken sich auf aufwendige, molekularbiologische Untersuchungen des Gärsubstrates, deren Ergebnisse dem Betreiber daher nur zeitversetzt zur Verfügung stehen. Im Rahmen dieser Arbeit wurde erstmalig ein Laser-Absorptionsspektrometer zur kontinuierlichen Messung der Kohlenstoff-Isotopenverhältnisse des Methans an einer Forschungsbiogasanlage erprobt. Dabei konnten, in Abhängigkeit der Raumbelastung und Prozessbedingungen variierende Isotopenverhältnisse gemessen werden. Anhand von Isolaten aus dem untersuchten Reaktor konnte zunächst gezeigt werden, dass für jeden Methanogenesepfad (hydrogeno-troph, aceto¬klastisch sowie methylotroph) eine charakteristische, natürliche Isotopensignatur im Biogas nachgewiesen werden kann, sodass eine Identifizierung der aktuell dominierenden methanogenen Reaktionen anhand der Isotopen-verhältnisse im Biogas möglich ist. rnDurch den Einsatz von 13C- und 2H-isotopen¬markierten Substraten in Rein- und Mischkulturen und Batchreaktoren, sowie HPLC- und GC-Unter¬suchungen der Stoffwechselprodukte konnten einige bislang unbekannte C-Flüsse in Bioreaktoren festgestellt werden, die sich wiederum auf die gemessenen Isotopenverhältnisse im Biogas auswirken können. So konnte die Entstehung von Methanol sowie dessen mikrobieller Abbauprodukte bis zur finalen CH4-Bildung anhand von fünf Isolaten erstmalig in einer landwirtschaftlichen Biogasanlage rekonstruiert und das Vorkommen methylotropher Methanogenesewege nachgewiesen werden. Mithilfe molekularbiologischer Methoden wurden darüber hinaus methanoxidierende Bakterien zahlreicher, unbekannter Arten im Reaktor detektiert, deren Vorkommen aufgrund des geringen O2-Gehaltes in Biogasanlagen bislang nicht erwartet wurde. rnDurch die Konstruktion eines synthetischen DNA-Stranges mit den Bindesequenzen für elf spezifische Primerpaare konnte eine neue Methode etabliert werden, anhand derer eine Vielzahl mikrobieller Zielorganismen durch die Verwendung eines einheitlichen Kopienstandards in einer real-time PCR quantifiziert werden können. Eine über 70 Tage durchgeführte, wöchentliche qPCR-Analyse von Fermenterproben zeigte, dass die Isotopenverhältnisse im Biogas signifikant von der Zusammensetzung der Reaktormikrobiota beeinflusst sind. Neben den aktuell dominierenden Methanogenesewegen war es auch möglich, einige bakterielle Reaktionen wie eine syntrophe Acetatoxidation, Acetogenese oder Sulfatreduktion anhand der δ13C (CH4)-Werte zu identifizieren, sodass das hohe Potential einer kontinuierlichen Isotopenmessung zur Prozessanalytik in Biogasanlagen aufgezeigt werden konnte.rn

The Scrum approach to software development

Agile methodologies have become the standard approach to software development. The most popular and used one is Scrum. Scrum is a very simple and flexible framework that respond to unpredictability in a really effective way. However, his implementation must be correct, and since Scrum tells you what to do but not how to do it, this is not trivial. In this thesis I will describe the Scrum Framework, how to implement it and a tool that can help to do this. The thesis is divided into three parts. The first part is called Scrum. Here I will introduce the framework itself, its key concepts and its components. In Scrum there are three components: roles, meetings and artifacts. Each of these is meant to accomplish a series of specific tasks. After describing the “what to do”, in the second part, Best Practices, I will focus on the “how to do it”. For example, how to decide which items should be included in the next sprint, how to estimate tasks, and how should the team workspace be. Finally, in the third part called Tools, I will introduce Visual Studio Online, a cloud service from Microsoft that offers Git and TFVC repositories and the opportunity to manage projects with Scrum. == Versione italiana: I metodi Agile sono diventati l’approccio standard per lo sviluppo di software. Il più famoso ed utilizzato è Scrum. Scrum è un framework molto semplice e flessibile che risponde ai cambiamenti in una maniera molto efficace. La sua implementazione deve però essere corretta, e visto che Scrum ci dice cosa fare ma non come farlo, questo non risulta essere immediato. In questa tesi descriverò Scrum, come implementarlo ed uno strumento che ci può aiutare a farlo. La tesi è divisa in tre parti. La prima parte è chiamata Scrum. Qui introdurrò il framework, i suoi concetti base e le sue componenti. In Scrum ci sono tre componenti: i ruoli, i meeting e gli artifact. Ognuno di questi è studiato per svolgere una serie di compiti specifici. Dopo aver descritto il “cosa fare”, nella seconda parte, Best Practices, mi concentrerò sul “come farlo”. Ad esempio, come decidere quali oggetti includere nella prossima sprint, come stimare ogni task e come dovrebbe essere il luogo di lavoro del team. Infine, nella terza parte chiamata Tools, introdurrò Visual Studio Online, un servizio cloud della Microsoft che offre repository Git e TFVC e l’opportunità di gestire un progetto con Scrum.

Privatization in Bosnia and Herzegovina: Insights from and into the craft of interorganizational process analysis.

International efforts to help Bosnia and Herzegovina privatize its state-owned enterprises proved dif.cult, but the complex web of interorganizational relationships (IORs) among international donors, implementers, contractors, and local players, at times, seemed even more daunting to effective implementation of reforms than the technical dif.culties of the task itself. By employing a theoretical framework of IOR development over time, important stages in the evolution of the International Advisory Group on Privatization were identi.ed, and variables within each discussed. Analysis employed linear and nonlinear process logics to help explain what linked some variables withinand betweenthese various phases. Insights seemed valuable for practitioners seeking to implement interdependent tasks, organizational representatives trying to form relationships with others, and scholars trying to understand process theories of IOR formation. In addition, this research provides an introduction to the complexities of international development assistance — a crucially important and under-researched arena.

Talking Tools, Suffering Servants, and Defecating Men: The Power of Storytelling in Maithil Women’s Tales

What can we learn about the way that folk storytelling operates for tellers and audience members by examining the telling of stories by characters within such narratives? I examine Maithil women’s folktales in which stories of women’s suffering at the hands of other women are first suppressed and later overheard by men who have the power to alleviate such suffering. Maithil women are pitted against one another in their pursuit of security and resources in the context of patrilineal formations. The solidarities such women nonetheless form—in part through sharing stories and keeping each other’s secrets—serve to mitigate their suffering and maintain a counter-system of ideational patterns and practices.

Perinatal care at the limit of viability between 22 and 26 completed weeks of gestation in Switzerland. 2011 revision of the Swiss recommendations

Perinatal care of pregnant women at high risk for preterm delivery and of preterm infants born at the limit of viability (22-26 completed weeks of gestation) requires a multidisciplinary approach by an experienced perinatal team. Limited precision in the determination of both gestational age and foetal weight, as well as biological variability may significantly affect the course of action chosen in individual cases. The decisions that must be taken with the pregnant women and on behalf of the preterm infant in this context are complex and have far-reaching consequences. When counselling pregnant women and their partners, neonatologists and obstetricians should provide them with comprehensive information in a sensitive and supportive way to build a basis of trust. The decisions are developed in a continuing dialogue between all parties involved (physicians, midwives, nursing staff and parents) with the principal aim to find solutions that are in the infant's and pregnant woman's best interest. Knowledge of current gestational age-specific mortality and morbidity rates and how they are modified by prenatally known prognostic factors (estimated foetal weight, sex, exposure or nonexposure to antenatal corticosteroids, single or multiple births) as well as the application of accepted ethical principles form the basis for responsible decision-making. Communication between all parties involved plays a central role. The members of the interdisciplinary working group suggest that the care of preterm infants with a gestational age between 22 0/7 and 23 6/7 weeks should generally be limited to palliative care. Obstetric interventions for foetal indications such as Caesarean section delivery are usually not indicated. In selected cases, for example, after 23 weeks of pregnancy have been completed and several of the above mentioned prenatally known prognostic factors are favourable or well informed parents insist on the initiation of life-sustaining therapies, active obstetric interventions for foetal indications and provisional intensive care of the neonate may be reasonable. In preterm infants with a gestational age between 24 0/7 and 24 6/7 weeks, it can be difficult to determine whether the burden of obstetric interventions and neonatal intensive care is justified given the limited chances of success of such a therapy. In such cases, the individual constellation of prenatally known factors which impact on prognosis can be helpful in the decision making process with the parents. In preterm infants with a gestational age between 25 0/7 and 25 6/7 weeks, foetal surveillance, obstetric interventions for foetal indications and neonatal intensive care measures are generally indicated. However, if several prenatally known prognostic factors are unfavourable and the parents agree, primary non-intervention and neonatal palliative care can be considered. All pregnant women with threatening preterm delivery or premature rupture of membranes at the limit of viability must be transferred to a perinatal centre with a level III neonatal intensive care unit no later than 23 0/7 weeks of gestation, unless emergency delivery is indicated. An experienced neonatology team should be involved in all deliveries that take place after 23 0/7 weeks of gestation to help to decide together with the parents if the initiation of intensive care measures appears to be appropriate or if preference should be given to palliative care (i.e., primary non-intervention). In doubtful situations, it can be reasonable to initiate intensive care and to admit the preterm infant to a neonatal intensive care unit (i.e., provisional intensive care). The infant's clinical evolution and additional discussions with the parents will help to clarify whether the life-sustaining therapies should be continued or withdrawn. Life support is continued as long as there is reasonable hope for survival and the infant's burden of intensive care is acceptable. If, on the other hand, the health car...

Learning My Lessons: Research, Rehearsal, and Reflection on the Greats

A successful actor often requires a specific acting method or style to enhance their performance. Through theatrical research, rehearsal and performance, an actor can narrow down their seemingly endless search for the most productive methodology. By researching, studying, and applying the methods of Constantin Stanislavski, Stella Adler,and Tadashi Suzuki to my rehearsal process, I have found my most effective acting style: Stella Adler?s method. I utilize this acting method during the performance period of my early professional acting career. Experimental research for this thesis was completed inthe studio. I applied each of the three aforementioned methods to a dramatic/classical monologue. The results I gathered helped me to decide upon Adler?s methodology to carry with me through my upcoming professional auditions and career. From casting resulting from the auditions, I will employ the methodology to my professional work asan actress. Each acting teacher has provided the performance world with a new way to experience their stage time. The methods are unique and enable the actor to find the most dynamic performance through engaging technical skill.

Review: leucocyte-endothelial cell crosstalk at the blood-brain barrier: a prerequisite for successful immune cell entry to the brain

Leucocyte migration into the central nervous system is a key stage in the development of multiple sclerosis. While much has been learnt regarding the sequential steps of leucocyte capture, adhesion and migration across the vasculature, the molecular basis of leucocyte extravasation is only just being unravelled. It is now recognized that bidirectional crosstalk between the immune cell and endothelium is an essential element in mediating diapedesis during both normal immune surveillance and under inflammatory conditions. The induction of various signalling networks, through engagement of cell surface molecules such as integrins on the leucocyte and immunoglobulin superfamily cell adhesion molecules on the endothelial cell, play a major role in determining the pattern and route of leucocyte emigration. In this review we discuss the extent of our knowledge regarding leucocyte migration across the blood-brain barrier and in particular the endothelial cell signalling pathways contributing to this process.

Development and validation of decision rules to guide frequency of monitoring CD4 cell count in HIV-1 infection before starting antiretroviral therapy

Background Although CD4 cell count monitoring is used to decide when to start antiretroviral therapy in patients with HIV-1 infection, there are no evidence-based recommendations regarding its optimal frequency. It is common practice to monitor every 3 to 6 months, often coupled with viral load monitoring. We developed rules to guide frequency of CD4 cell count monitoring in HIV infection before starting antiretroviral therapy, which we validated retrospectively in patients from the Swiss HIV Cohort Study. Methodology/Principal Findings We built up two prediction rules (“Snap-shot rule” for a single sample and “Track-shot rule” for multiple determinations) based on a systematic review of published longitudinal analyses of CD4 cell count trajectories. We applied the rules in 2608 untreated patients to classify their 18 061 CD4 counts as either justifiable or superfluous, according to their prior ≥5% or <5% chance of meeting predetermined thresholds for starting treatment. The percentage of measurements that both rules falsely deemed superfluous never exceeded 5%. Superfluous CD4 determinations represented 4%, 11%, and 39% of all actual determinations for treatment thresholds of 500, 350, and 200×106/L, respectively. The Track-shot rule was only marginally superior to the Snap-shot rule. Both rules lose usefulness for CD4 counts coming near to treatment threshold. Conclusions/Significance Frequent CD4 count monitoring of patients with CD4 counts well above the threshold for initiating therapy is unlikely to identify patients who require therapy. It appears sufficient to measure CD4 cell count 1 year after a count >650 for a threshold of 200, >900 for 350, or >1150 for 500×106/L, respectively. When CD4 counts fall below these limits, increased monitoring frequency becomes advisable. These rules offer guidance for efficient CD4 monitoring, particularly in resource-limited settings.

Challenges for Participatory Conservation in Times of Global Change: Lessons from a Comparative Analysis and New Developments

Participatory approaches to conservation have been applied worldwide by governments and non-governmental organisations. However, results from a comparative analysis of the impacts of global change on management issues in 13 protected areas in Africa, Latin America, Asia, and Europe show that in many cases the involvement of local people has remained limited, and economic gains for local livelihoods have been limited or non-existent. Viewed from a ‘new institutionalist’ perspective and focusing on power relations and ideologies, the results of this study carried out within the framework of the Swiss National Centre of Competence in Research (NCCR) North-South show that in African cases local people do not feel part of the process and, therefore, become disengaged. In Asia, and even more so in Latin America, local indigenous peoples and their leaders support protected areas as a means to gain political rights over areas threatened by immigration. The European (Swiss) case is the only one where political rights and economic incentives present a context in which participation is of direct interest to local people. Meanwhile, recent debates on new global conservation developments in the context of climate change policy indicate a growing tendency to treat conservation as a commodity. We argue that this can have problematical effects on efforts to devolve power to the local level in the context of conservation.

Teacher resistance to school-based consultation with the school psychologist: An analysis according to school level and model of identification for special education services

Consultation is promoted throughout school psychology literature as a best practice in service delivery. This method has numerous benefits including being able to work with more students at one time, providing practitioners with preventative rather than strictly reactive strategies, and helping school professionals meet state and federal education mandates and initiatives. Despite the benefits of consultation, teachers are sometimes resistant to this process.This research studies variables hypothesized to lead to resistance (Gonzalez, Nelson, Gutkin, & Shwery, 2004) and attempts to distinguish differences between school level (elementary, middle and high school) with respect to the role played by these variables and to determine if the model used to identify students for special education services has an influence on resistance factors. Twenty-sixteachers in elementary and middle schools responded to a demographicquestionnaire and a survey developed by Gonzalez, et al. (2004). This survey measures eight variables related to resistance to consultation. No high school teachers responded to the request to participate. Results of analysis of variance indicated a significant difference in the teaching efficacy subscale with elementary teachers reporting more efficacy in teaching than middle school teachers. Results also indicate a significant difference in classroom managementefficacy with teachers who work in schools that identify students according to a Response to Intervention model reporting higher classroom management efficacy than teachers who work in schools that identify students according to a combined method of refer-test-place/RtI combination model. Implications, limitations and directions for future research are discussed.

Effects Of The Flash Welding Process On Mechanical And Microstructural Properties Of Structural Steel Joints Assessed Using Dest

ASTM A529 carbon¿manganese steel angle specimens were joined by flash butt welding and the effects of varying process parameter settings on the resulting welds were investigated. The weld metal and heat affected zones were examined and tested using tensile testing, ultrasonic scanning, Rockwell hardness testing, optical microscopy, and scanning electron microscopy with energy dispersive spectroscopy in order to quantify the effect of process variables on weld quality. Statistical analysis of experimental tensile and ultrasonic scanning data highlighted the sensitivity of weld strength and the presence of weld zone inclusions and interfacial defects to the process factors of upset current, flashing time duration, and upset dimension. Subsequent microstructural analysis revealed various phases within the weld and heat affected zone, including acicular ferrite, Widmanstätten or side-plate ferrite, and grain boundary ferrite. Inspection of the fracture surfaces of multiple tensile specimens, with scanning electron microscopy, displayed evidence of brittle cleavage fracture within the weld zone for certain factor combinations. Test results also indicated that hardness was increased in the weld zone for all specimens, which can be attributed to the extensive deformation of the upset operation. The significance of weld process factor levels on microstructure, fracture characteristics, and weld zone strength was analyzed. The relationships between significant flash welding process variables and weld quality metrics as applied to ASTM A529-Grade 50 steel angle were formalized in empirical process models.

The Constitutional-Judicial Control of the Legislative and Executive Powers in Central and Eastern European Countries

This project looked at the nature, contents, methods, means and legal and political effects of the influence that constitutional courts exercise upon the legislative and executive powers in the newly established democracies of Central and Eastern Europe. The basic hypothesis was that these courts work to provide a limitation of political power within the framework of the principal constitutional values and that they force the legislature and executive to exercise their powers and duties in strict accordance with the constitution. Following a study of the documentary sources, including primarily the relevant constitutional and statutory provisions and decisions of constitutional courts, Mr. Cvetkovski prepared a questionnaire on various aspects of the topics researched and sent it to the respective constitutional courts. A series of direct interviews with court officials in six of the ten countries then served to clarify a large number of questions relating to differences in procedures etc. that arose from the questionnaires. As a final stage, the findings were compared with those described in recent publications on constitutional control in general and in Central and Eastern Europe in particular. The study began by considering the constitutional and political environment of the constitutional courts' activities in controlling legislative and executive powers, which in all countries studied are based on the principles of the rule of law and the separation of powers. All courts are separate bodies with special status in terms of constitutional law and are independent of other political and judicial institutions. The range of matters within their jurisdiction is set by the constitution of the country in question but in all cases can be exercised only with the framework of procedural rules. This gives considerable significance to the question of who sets these rules and different countries have dealt with it in different ways. In some there is a special constitutional law with the same legal force as the constitution itself (Croatia), the majority of countries allow for regulation by an ordinary law, Macedonia gives the court the autonomy to create and change its own rules of procedure, while in Hungary the parliament fixes the rules on procedure at the suggestion of the constitutional court. The question of the appointment of constitutional judges was also considered and of the mechanisms for ensuring their impartiality and immunity. In the area of the courts' scope for providing normative control, considerable differences were found between the different countries. In some cases the courts' jurisdiction is limited to the normative acts of the respective parliaments, and there is generally no provision for challenging unconstitutional omissions by legislation and the executive. There are, however, some situations in which they may indirectly evaluate the constitutionality of legislative omissions, as when the constitution contains provision for a time limit on enacting legislation, when the parliament has made an omission in drafting a law which violates the constitutional provisions, or when a law grants favours to certain groups while excluding others, thereby violating the equal protection clause of the constitution. The control of constitutionality of normative acts can be either preventive or repressive, depending on whether it is implemented before or after the promulgation of the law or other enactment being challenged. In most countries in the region the constitutional courts provide only repressive control, although in Hungary and Poland the courts are competent to perform both preventive and repressive norm control, while in Romania the court's jurisdiction is limited to preventive norm control. Most countries are wary of vesting constitutional courts with preventive norm control because of the danger of their becoming too involved in the day-to-day political debate, but Mr. Cvetkovski points out certain advantages of such control. If combined with a short time limit it can provide early clarification of a constitutional issue, secondly it avoids the problems arising if a law that has been in force for some years is declared to be unconstitutional, and thirdly it may help preserve the prestige of the legislation. Its disadvantages include the difficulty of ascertaining the actual and potential consequences of a norm without the empirical experience of the administration and enforcement of the law, the desirability of a certain distance from the day-to-day arguments surrounding the political process of legislation, the possible effects of changing social and economic conditions, and the danger of placing obstacles in the way of rapid reactions to acute situations. In the case of repressive norm control, this can be either abstract or concrete. The former is initiated by the supreme state organs in order to protect abstract constitutional order and the latter is initiated by ordinary courts, administrative authorities or by individuals. Constitutional courts cannot directly oblige the legislature and executive to pass a new law and this remains a matter of legislative and executive political responsibility. In the case of Poland, the parliament even has the power to dismiss a constitutional court decision by a special majority of votes, which means that the last word lies with the legislature. As the current constitutions of Central and Eastern European countries are newly adopted and differ significantly from the previous ones, the courts' interpretative functions should ensure a degree of unification in the application of the constitution. Some countries (Bulgaria, Hungary, Poland, Slovakia and Russia) provide for the constitutional courts' decisions to have a binding role on the constitutions. While their decisions inevitably have an influence on the actions of public bodies, they do not set criteria for political behaviour, which depends rather on the overall political culture and traditions of the society. All constitutions except that of Belarus, provide for the courts to have jurisdiction over conflicts arising from the distribution of responsibilities between different organs and levels in the country, as well for impeachment procedures against the head of state, and for determining the constitutionality of political parties (except in Belarus, Hungary, Russia and Slovakia). All the constitutions studied guarantee individual rights and freedoms and most courts have jurisdiction over complaints of violation of these rights by the constitution. All courts also have some jurisdiction over international agreements and treaties, either directly (Belarus, Bulgaria and Hungary) before the treaty is ratified, or indirectly (Croatia, Czech Republic, Macedonia, Romania, Russia and Yugoslavia). In each country the question of who may initiate proceedings of norm control is of central importance and is usually regulated by the constitution itself. There are three main possibilities: statutory organs, normal courts and private individuals and the limitations on each of these is discussed in the report. Most courts are limited in their rights to institute ex officio a full-scale review of a point of law, and such rights as they do have rarely been used. In most countries courts' decisions do not have any binding force but must be approved by parliament or impose on parliament the obligation to bring the relevant law into conformity within a certain period. As a result, the courts' position is generally weaker than in other countries in Europe, with parliament remaining the supreme body. In the case of preventive norm control a finding of unconstitutionality may act to suspend the law and or to refer it back to the legislature, where in countries such as Romania it may even be overturned by a two-thirds majority. In repressive norm control a finding of unconstitutionality generally serves to take the relevant law out of legal force from the day of publication of the decision or from another date fixed by the court. If the law is annulled retrospectively this may or may not bring decisions of criminal courts under review, depending on the provisions laid down in the relevant constitution. In cases relating to conflicts of competencies the courts' decisions tend to be declaratory and so have a binding effect inter partes. In the case of a review of an individual act, decisions generally become effective primarily inter partes but is the individual act has been based on an unconstitutional generally binding normative act of the legislature or executive, the findings has quasi-legal effect as it automatically initiates special proceedings in which the law or other regulation is to be annulled or abrogated with effect erga omnes. This wards off further application of the law and thus further violations of individual constitutional rights, but also discourages further constitutional complaints against the same law. Thus the success of one individual's complaint extends to everyone else whose rights have equally been or might have been violated by the respective law. As the body whose act is repealed is obliged to adopt another act and in doing so is bound by the legal position of the constitutional court on the violation of constitutionally guaranteed freedoms and rights of the complainant, in this situation the decision of the constitutional court has the force of a precedent.

Power and Robustness of Linkage Tests for Quantitative Traits in General Pedigrees

There are numerous statistical methods for quantitative trait linkage analysis in human studies. An ideal such method would have high power to detect genetic loci contributing to the trait, would be robust to non-normality in the phenotype distribution, would be appropriate for general pedigrees, would allow the incorporation of environmental covariates, and would be appropriate in the presence of selective sampling. We recently described a general framework for quantitative trait linkage analysis, based on generalized estimating equations, for which many current methods are special cases. This procedure is appropriate for general pedigrees and easily accommodates environmental covariates. In this paper, we use computer simulations to investigate the power robustness of a variety of linkage test statistics built upon our general framework. We also propose two novel test statistics that take account of higher moments of the phenotype distribution, in order to accommodate non-normality. These new linkage tests are shown to have high power and to be robust to non-normality. While we have not yet examined the performance of our procedures in the context of selective sampling via computer simulations, the proposed tests satisfy all of the other qualities of an ideal quantitative trait linkage analysis method.