State Transformation and the European Integration Project. Lessons from the financial crisis and the Greek paradigm. CEPS Special Report No. 130/February 2016

The financial crisis that erupted in the eurozone not only affected the EU’s financial governance mechanisms, but also the very nature of state sovereignty and balances in the relations of member states; thus, the actual inequalities between the member states hidden behind their institutional equality have deteriorated. This transformation is recorded in the case law of the Court of Justice of the European Union and the member states’ constitutional courts, particularly in those at the heart of the crisis, with Greece as the most prominent example. It is the issue of public debt (sovereign debt) of the EU member states that particularly reflects the influence of the crisis on state sovereignty as well as the intensely transnational (intergovernmental) character of European integration, which under these circumstances takes the form of a continuous, tough negotiation. The historical connection between public debt (sovereign debt) and state sovereignty has re-emerged because of the financial crisis. This development has affected not only the European institutions, but also, at the member state level, the actual institutional content of the rule of law (especially judicial review) and the welfare state in its essence, as the great social and political acquis of 20th century Europe. From this perspective, the way that the Greek courts have dealt with the gradual waves of fiscal austerity measures and structural reforms from 2010 to 2015 is characteristic. The effect of the financial crisis on the sovereignty of the member states and on the pace of European integration also has an impact on European foreign and security policy, and the correlations between the political forces at both the national and European level, thus producing even more intense pressures on European social democracy. In light of the experience of the financial crisis, the final question is whether the nation state (given the large real inequalities among the EU member states) currently functions as a brake or as an engine for future European integration.

Institutions and Growth in Europe. CEPS Working Document No. 421, April 2016

This paper provides empirical evidence in support of the view that the quality of institutions is an important determinant of long-term growth of European countries. When also taking into account the initial level of GDP per capita and government debt, cross-country institutional differences can explain to a great extent the relative long-term GDP performance of European countries. It also shows that an initial government debt level above a threshold (e.g. 60-70%) coupled with institutional quality below the EU average tends to be associated with particularly poor long-term real growth performance. Interestingly, the detrimental effect of high debt levels on long-term growth seems cushioned by the presence of very sound institutions. This might be because good institutions help to alleviate the debt problem in various ways, e.g. by ensuring sufficient fiscal consolidation in the longer-run, allowing for better use of government expenditures and promoting sustainable growth, social fairness and more efficient tax administration. The quality of national institutions seems to enhance the long-term GDP performance across a large sample of countries, also including OECD countries outside Europe. The paper offers some evidence that, in the presence of good institutions, conditions for catching-up seem generally good also for euro-area and fixed exchange rate countries. Looking at sub-groupings, it seems that sound institutions may be particularly important for long-term growth in the countries where the exchange rate tool is no longer available (and where also sovereign debt is high), and less so in the countries with flexible exchange rate regimes. However, this result is preliminary and requires further research. The empirical findings on the importance of institutions are robust to various measures of output growth, different measures of institutional indicators, different sample sizes, different country groupings and to the inclusion of additional control variables. Overall, the results tend to support the call for structural reforms in general and reforms enhancing the efficiency of public administration and regulation, the rule of law and the fight against rent-seeking and corruption in particular.

Moldova: from oligarchic pluralism to Plahotniuc’s hegemony. OSW Commentary Number 208/07.04.2016

Moldova’s political system took shape due to the six-year rule of the Alliance for European Integration coalition but it has undergone a major transformation over the past six months. Resorting to skilful political manoeuvring and capitalising on his control over the Moldovan judiciary system, Vlad Plahotniuc, one of the leaders of the nominally pro-European Democratic Party and the richest person in the country, was able to bring about the arrest of his main political competitor, the former prime minister Vlad Filat, in October 2015. Then he pushed through the nomination of his trusted aide, Pavel Filip, for prime minister. In effect, Plahotniuc has concentrated political and business influence in his own hands on a scale unseen so far in Moldova’s history since 1991. All this indicates that he already not only controls the judiciary, the anti-corruption institutions, the Constitutional Court and the economic structures, but has also subordinated the greater part of parliament and is rapidly tightening his grip on the section of the state apparatus which until recently was influenced by Filat.

EU Budgetary Responses to the ‘Refugee Crisis’: Reconfiguring the Funding Landscape. CEPS Paper Liberty and Security in Europe No. 93/May 2016

This paper analyses the EU budgetary responses to the ‘refugee crisis’ in Europe. The European Commission has proposed several changes to the EU budget as well as the establishment of new funding instruments. The paper explores what the announced funding consists of, what role it plays in policy-making and what issues it generates. Throughout these budgetary responses the search for flexibility has been dominant, motivated by the need to respond more swiftly to humanitarian and operational needs. In addition, the paper argues that beyond implementation or management, the role of funding is also symbolic and communicative. In light of limited competences that are difficult to exercise, funding represents a powerful tool enabling the Commission to shape policy-making in times of crisis. At the same time, the dominant search for flexibility also challenges established funding rules and procedures. It has furthermore led to reduced space for democratic scrutiny by the European Parliament. More profoundly, EU funding for cooperation with third countries to prevent the inflow of refugees and asylum seekers has monetised questions over the responsibility for these individuals. As the EU–Turkey agreement shows, this has created a self-imposed dependence on third countries, with the risk of potentially insatiable demands for EU funding. This paper questions the proportionality and rule of law compliance of allocating funding for the implementation of this agreement. Moreover, it proposes that the Commission take steps to practically safeguard the humanitarian aid principles in the management structures of the new funding instruments, and it stresses the need for more scrutiny of the reconfigured funding landscape by the European Parliament and the European Court of Auditors.

EU-Iran Relations after the Nuclear Deal.

The signing of the Joint Comprehensive Plan of Action between Iran and global powers in July 2015 was a major turning point in the emerging strategic landscape of the Middle East. The ‘nuclear deal’ led to the lifting by the EU and the US of nuclear-related sanctions, and is now operational. Other sanctions remain in place, however. Nevertheless, unhindered by US competition, European trade delegations have entered into a latter-day gold rush, led by the promise of the biggest untapped market in the world. As such, the EU has both an opportunity and a responsibility to help Iran reintegrate properly into the international system. But, in the face of an opaque clerical regime that relies on internal repression and military business conglomerates, Europe stands to lose if it continues to pursue its uncalculated and uncoordinated approach towards the Islamic Republic. This report offers recommendations to guide the EU towards a comprehensive EU strategy for relations with Iran. It maintains that there is no other option but to keep universal values and the rule of law at the core of the emerging bilateral relationship. In fact, the protection of the economic rights of European traders and investors allows the EU to push for wider reforms and the normalisation of relations.

Ueber das Ansehen der heiligen Schrift und ihr Verhältniss zur Glaubensregel in der protestantischen und in der alten Kirche : drei theologische Sendschreiben an Professor D. Delbrück in Beziehung auf dessn Streitschrift, Phil. Melanchthon, der Glaubenslehrer /

Includes bibliographical references.

Hss, Stroop y Stangl: Verdugos profesionales. Estudio comparativo sobre los perpetradores del Holocausto a la luz de sus propias palabras

El presente trabajo es un estudio comparativo sobre perpetradores del Holocausto. Luego de una breve introducción sobre el fenómeno nazi en su contexto, se analizan los casos de tres de sus protagonistas: Rudolf Hss, Jrgen Stroop y Franz Stangl; comandante del campo de exterminio Auschwitz, responsable de la liquidación del gueto de Varsovia y comandante del campo de exterminio de Treblinka respectivamente. El caso de Hss es estudiado a partir de su autobiografía, mientras que los dos restantes a partir de las entrevistas e investigaciones de Kazimierz Moczarski y Gitta Sereny. Hss, Stangl y Stroop fueron condenados por las muertes de 1.100.000, entre 750.00 y 900.00 y 350.000 personas respectivamente. En este sentido una premisa de este trabajo es que ninguno de ellos puede ser considerado hombre corriente o persona común; por el contrario siguiendo a Raul Hilberg se los piensa como sujetos totalmente identificados e impregnados de la cosmovisión y la ideología del nacionalsocialismo y las SS que desde un marco de referencia previo agresivo y violento eventualmente fueron transformándose en asesinos en masa. Como sostiene Gustavo Cosacov estos sujetos serían dueños de una "santidad maligna o invertida" que había reemplazado sus valores éticos y morales cristiano-occidentales; permitiéndoles cometer crímenes en forma sistemática. A pesar de que la cuestión de los victimarios ha sido menos abordada que la de las victimas, en el campo historiográfico existen sólidos aportes. Basta nombrar a Christopher Browning, Peter Longerich o Raul Hilberg para explicitar la corriente de investigación a la que este texto reconoce y aspira. En este sentido el objetivo de las siguientes páginas primero es describir y explicar algunos de los mecanismos históricos, psicológicos y sociológicos que producen a perpetradores de asesinatos en serie de personas tan distantes como desconocidas; como así descifrar a también su marco de referencia. Para ello se hará un repaso crítico por las fuentes históricas a la luz de múltiples disciplinas sociales, analizando sus discursos, sus argumentos, tratando de delinear las voluntades y motivaciones de Hss, Stangl y Stroop. Un concepto clave de esta investigación es "burocracia" en el sentido de Max Weber. En un segundo lugar se reflexionará sobre la violencia nazi, en el sentido de una violencia autotélica contradictoria con respecto al paradigma social liberal y al estado de derecho. En ambos casos se priorizará recrear e interpretar el punto de vista de los perpetradores. Buscando amplitud historiográfica, se utilizarán obras clásicas como también publicaciones recientes sobre el tema. No se busca obtener conclusiones ni respuestas absolutas sino reflexionar, repensar y complejizar a los protagonistas de, acaso, el hecho más oscuro de la historia humana

A proposed new classification system for whiplash associated disorders - implications for assessment and management

The development of chronic symptoms following whiplash injury is common and contributes substantially to costs associated with this condition. The currently used Quebec Task Force classification system of whiplash associated disorders is primarily based on the severity of signs and symptoms following injury and its usefulness has been questioned. Recent evidence is emerging that demonstrates differences in physical and psychological impairments between individuals who recover from the injury and those who develop persistent pain and disability. Motor dysfunction, local cervical mechanical hyperalgesia and psychological distress are present soon after injury in all whiplash injured persons irrespective of recovery. In contrast those individuals who develop persistent moderate/severe pain and disability show a more complex picture, characterized by additional impairments of widespread sensory hypersensitivity indicative of underlying disturbances in central pain processing as well as acute posttraumatic stress reaction, with these changes present from soon after injury. Based on this heterogeneity a new classification system is proposed that takes into account measurable disturbances in motor, sensory and psychological dysfunction. The implications for the management of this condition are discussed. (C) 2004 Elsevier Ltd. All rights reserved.

Judicial (in)activism in Australia's secular commonwealth

his article addresses two aspects of Australia's soft secular government. The first aspect explains how, and asks why, judges have been inactive in helping to draw the contours of secular government in Australia. The principal reason is that much of the social regulation that provokes the interest of faith-based groups is the constitutional concern of the States, and no State Constitution claims to coordinate relations between church and state. Moreover, the electorate has twice refused to pass referenda, in 1944 and 1988, for extending a constitutional demand of secular governance to the States. However, this is not so for the Commonwealth. It falls under the restrictions of section 116 of the federal Constitution, which states: The Commonwealth shall not make any law for establishing any religion ('the establishment clause') or for imposing any religious observance, or for prohibiting the free exercise of any religion ('the free exercise clause'), and no religious test shall be required as a qualification for any office or public trust under the Commonwealth. As will be explained, while methods of legal interpretation suggest that section 116's establishment clause could place mild demands of non-discrimination on the federal Parliament, judicial inactivity in policing such demands on the Commonwealth, paradoxically, has arguably been secured by judicial activism in the High Court. A second aspect of secular government addressed is the High Court's disposal of 'the separation of church and state' as a constitutional principle in Australia. The contrast, of course, is to the United States, where for sixty years 'separation' has been given uneven recognition as a rule of constitutional law, and has undoubtedly driven the development of hard forms of secular governance in that country. The centrepiece of American secular government is the 1971 decision in Lemon v Kurtzman, where the US Supreme Court held that valid legislation had to pass three tests, ie: First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion .. . finally, the statute must not foster 'an excessive government entanglement with religion. The third 'entanglement' prong of Lemon is the modern, less ambitious, form of the 'wall of separation', prohibiting too close an engagement between church and state. As this paper will demonstrate, 'entanglement's' destiny shows how unlikely it is that 'separation' can survive as a meaningful constitutional principle in the USA. And, it will also be argued that 'separation' has even poorer prospects for import to Australia.

Optimal eradication: when to stop looking for an invasive plant

The notion of being sure that you have completely eradicated an invasive species is fanciful because of imperfect detection and persistent seed banks. Eradication is commonly declared either on an ad hoc basis, on notions of seed bank longevity, or on setting arbitrary thresholds of 1% or 5% confidence that the species is not present. Rather than declaring eradication at some arbitrary level of confidence, we take an economic approach in which we stop looking when the expected costs outweigh the expected benefits. We develop theory that determines the number of years of absent surveys required to minimize the net expected cost. Given detection of a species is imperfect, the optimal stopping time is a trade-off between the cost of continued surveying and the cost of escape and damage if eradication is declared too soon. A simple rule of thumb compares well to the exact optimal solution using stochastic dynamic programming. Application of the approach to the eradication programme of Helenium amarum reveals that the actual stopping time was a precautionary one given the ranges for each parameter.

Liberal Democracy and the Inferior 'Other'Other’: Could the peace liberal democracy promises to bring not extend to ‘Others’?

Advocates of liberal democracy argue that its principles and practices contribute directly to peace (at both inter-state and domestic levels). They rely on ideals such as the rule of law, institutional checks and balances on power, an ethos of tolerance, and free market economics to deliver the liberal peace. Liberals, however, overlook three important features embedded in the construction of liberal democracy which can serve to facilitate political violence: 1) the fixed and thus non-negotiable nature of liberal democracy’s core principles, 2) the inferior manner in which it conceives ‘Other’ social orders that do not share its core principles, and 3) the urge to proselytise Others. Together, these constitutive qualities can facilitate moves by leaders of Other groups to argue that liberal democracy threatens ‘their’ preferred identity, and thus its promised peaceful outcomes can be put in doubt.

QUADERNA: UMA PERSONAGEM NA LITERATURA E NA TELEVISÃO

Este projeto tem como objetivo analisar a adaptação da obra de Ariano Suassuna, Romance d A Pedra do Reino e o príncipe do sangue do vai-e-volta, para a minissérie, intitulada A Pedra do Reino, dirigida por Luiz Fernando Carvalho e exibida pela Rede Globo entre os dias 12 e 16 de junho de 2007. Esta análise será realizada a partir da cena da auto-coroação da personagem Quaderna, usando a metodologia proposta por Umberto Eco em Para uma investigação semiológica sobre a mensagem televisual , artigo integrante da obra Apocalípticos e integrados, com a qual pretendemos elucidar o uso de signos na adaptação e fidelidade desta com a obra original.(AU)

L'interprétation des phrases négatives:portée et foyer des négations en français

The organization of linguistic meaning is animated by the duality between the sense of signs and the reference to the experience of speakers. How the presuppositions communicated by speakers emanate from the conventional value of signs and their cotextual dependencies is explored in this monograph on the scope and focus of negation. Negation can have scope over the predicate of the sequence in which it is used. The body of data brought together show that a variety of configurations preclude command of the predicate by the negative scoping over it, and that scope is a semantic rather than structural relation. Scope defines the domain in which an item can be focused by negation. Negative focus is dependent on the evocation of an alternative value, which may be generated by lexical antonymy, syntactic determination or contextual corrections. The study of focus and scope of negation on the basis of attested examples from different varieties of French demonstrates how the independently motivated semantic principles of relation to predicate and reference to an alternative value account for the observed effects.

The debate on human automatism in mid-Victorian England

During the 1830s, Marshall Hall carried out innumerable experiments on a great variety of animals to establish the concept of a ‘reflex arc’. In France F.L.Goltz showed that decerebrate frogs were still capable of complex behaviours. Thomas Laycock in England and Ivan Sechenov in Russia sought to apply the reflex idea to the brain. This paper follows the debate in the periodical literature of mid-Victorian England and discusses the contributions of WB Carpenter, Herbert Spencer, TH Huxley, W Clifford and others. The previous outing of this issue in the post-Cartesian seventeenth century had been largely suppressed by ecclesiastical authority. In the nineteenth century ecclesiastical power had waned, at least in England, and the debate could take a more open form. As neurophysiology and behavioural science developed, with the widespread acceptance of Darwinian evolution, it became more and more difficult to deny that brain and mind were part of the natural world and subject to the usual laws of cause and effect. This, of course, had powerful implications for the human self-image and for jurisprudence. These implications are still with us and the work of neurophysiologists such as Benjamin Libet have only reinforced them. Should humans be regarded as ‘automata’ and, if so, what becomes of ‘free will’, ‘responsibility’, and the rule of law? The Victorian debate is still useful and relevant.

Fatigue crack initiation and propagation from defects in aluminium welds

Fatigue crack initiation and propagation in aluminium butt welds has been investigated. It is shown that the initiation of cracks from both buried defects and. from the weld reinforcement may be quantified by predictive laws based on either linear elastic fracture mechanics, or on Neuber's rule of stress and strain ooncentrations. The former is preferable on the grounds of theoretical models of crack tip plasticity, although either may be used as the basis of an effeotive design criteria against crack initiation. Fatigue lives fol1owing initiation were found to follow predictions based on the integration of a Paris type power law. The effect of residual stresses from the welding operation on both initiation and propagation was accounted for by a Forman type equation. This incorporated the notional stress ratio produced by the residual stresses after various heat treatments. A fracture mechanics analysis was found to be useful in describing the fatigue behaviour of the weldments at increased temperatures up to 300°C. It is pointed out, however, that the complex interaction of residual stresses, frequency, and changes in fracture mode necessitate great caution in the application of any general design criteria against crack initiation and growth at elevated. temperatures.