Health and safety in the construction : subject pending to be included in the curriculum of architecture in Spain

The art of construction is a risky activity that directly affects the life and physical integrity of persons. Since the approval of Law 31/1995, of November 8, Prevention of Occupational Risks was the first legislation that established the current basis in all sectors and then transposed into Spanish law Directive 92/57/CEE called Royal Decree 1627/1997 of October 24, on minimum safety and health dispositions in construction works, measures have been proposed to develop a mixed body of scientific literature composed of researchers and professionals in the field of occupational safety and health, but even today there is still no clear and firm proposal, showing a lack of awareness in the occupational risk prevention and, therefore, a consolidation of the culture of prevention in society. Therefore, the technicians, who make up the building process, can incur in very high responsibilities, such as: Author of the project, Coordinator of Safety and Health during the preparation of the project and during the execution of works, Site Management: Site Manager. This involves the immediate creation of a general training in prevention for all architects starting when still studying, as well as specific training, appropriate and complementary to all the architects that will be devoted to the specialty of occupational safety and health in construction works. That is, first, we must make the responsible bodies aware of the urgent need to integrate risk prevention in the curricula of architecture and later in the continuing education of the profession. It is necessary that our teaching must conform to the laws on safety and health, due to the fact that the law recognizes our academic degrees and professional qualifications to perform functions in that area

Traditional education vs modern education. What is the impact of teaching techniques' evolution on students learning process?

The main objective of this article is to focus on the analysis of teaching techniques, ranging from the use of the blackboard and chalk in old traditional classes, using slides and overhead projectors in the eighties and use of presentation software in the nineties, to the video, electronic board and network resources nowadays. Furthermore, all the aforementioned, is viewed under the different mentalities in which the teacher conditions the student using the new teaching technique, improving soft skills but maybe leading either to encouragement or disinterest, and including the lack of educational knowledge consolidation at scientific, technology and specific levels. In the same way, we study the process of adaptation required for teachers, the differences in the processes of information transfer and education towards the student, and even the existence of teachers who are not any longer appealed by their work due which has become much simpler due to new technologies and the greater ease in the development of classes due to the criteria described on the new Grade Programs adopted by the European Higher Education Area. Moreover, it is also intended to understand the evolution of students’ profiles, from the eighties to present time, in order to understand certain attitudes, behaviours, accomplishments and acknowledgements acquired over the semesters within the degree Programs. As an Educational Innovation Group, another key question also arises. What will be the learning techniques in the future?. How these evolving matters will affect both positively and negatively on the mentality, attitude, behaviour, learning, achievement of goals and satisfaction levels of all elements involved in universities’ education? Clearly, this evolution from chalk to the electronic board, the three-dimensional view of our works and their sequence, greatly facilitates the understanding and adaptation later on to the business world, but does not answer to the unknowns regarding the knowledge and the full development of achievement’s indicators in basic skills of a degree. This is the underlying question which steers the roots of the presented research.

Experimental and numerical study of cracking of concrete due to reinforcement corrosion

La corrosión del acero es una de las patologías más importantes que afectan a las estructuras de hormigón armado que están expuestas a ambientes marinos o al ataque de sales fundentes. Cuando se produce corrosión, se genera una capa de óxido alrededor de la superficie de las armaduras, que ocupa un volumen mayor que el acero inicial; como consecuencia, el óxido ejerce presiones internas en el hormigón circundante, que lleva a la fisuración y, ocasionalmente, al desprendimiento del recubrimiento de hormigón. Durante los últimos años, numerosos estudios han contribuido a ampliar el conocimiento sobre el proceso de fisuración; sin embargo, aún existen muchas incertidumbres respecto al comportamiento mecánico de la capa de óxido, que es fundamental para predecir la fisuración. Por ello, en esta tesis se ha desarrollado y aplicado una metodología, para mejorar el conocimiento respecto al comportamiento del sistema acero-óxido-hormigón, combinando experimentos y simulaciones numéricas. Se han realizado ensayos de corrosión acelerada en condiciones de laboratorio, utilizando la técnica de corriente impresa. Con el objetivo de obtener información cercana a la capa de acero, como muestras se seleccionaron prismas de hormigón con un tubo de acero liso como armadura, que se diseñaron para conseguir la formación de una única fisura principal en el recubrimiento. Durante los ensayos, las muestras se equiparon con instrumentos especialmente diseñados para medir la variación de diámetro y volumen interior de los tubos, y se midió la apertura de la fisura principal utilizando un extensómetro comercial, adaptado a la geometría de las muestras. Las condiciones de contorno se diseñaron cuidadosamente para que los campos de corriente y deformación fuesen planos durante los ensayos, resultando en corrosión uniforme a lo largo del tubo, para poder reproducir los ensayos en simulaciones numéricas. Se ensayaron series con varias densidades de corriente y varias profundidades de corrosión. De manera complementaria, el comportamiento en fractura del hormigón se caracterizó en ensayos independientes, y se midió la pérdida gravimétrica de los tubos siguiendo procedimientos estándar. En todos los ensayos, la fisura principal creció muy despacio durante las primeras micras de profundidad de corrosión, pero después de una cierta profundidad crítica, la fisura se desarrolló completamente, con un aumento rápido de su apertura; la densidad de corriente influye en la profundidad de corrosión crítica. Las variaciones de diámetro interior y de volumen interior de los tubos mostraron tendencias diferentes entre sí, lo que indica que la deformación del tubo no fue uniforme. Después de la corrosión acelerada, las muestras se cortaron en rebanadas, que se utilizaron en ensayos post-corrosión. El patrón de fisuración se estudió a lo largo del tubo, en rebanadas que se impregnaron en vacío con resina y fluoresceína para mejorar la visibilidad de las fisuras bajo luz ultravioleta, y se estudió la presencia de óxido dentro de las grietas. En todas las muestras, se formó una fisura principal en el recubrimiento, infiltrada con óxido, y varias fisuras secundarias finas alrededor del tubo; el número de fisuras varió con la profundidad de corrosión de las muestras. Para muestras con la misma corrosión, el número de fisuras y su posición fue diferente entre muestras y entre secciones de una misma muestra, debido a la heterogeneidad del hormigón. Finalmente, se investigó la adherencia entre el acero y el hormigón, utilizando un dispositivo diseñado para empujar el tubo en el hormigón. Las curvas de tensión frente a desplazamiento del tubo presentaron un pico marcado, seguido de un descenso constante; la profundidad de corrosión y la apertura de fisura de las muestras influyeron notablemente en la tensión residual del ensayo. Para simular la fisuración del hormigón causada por la corrosión de las armaduras, se programó un modelo numérico. Éste combina elementos finitos con fisura embebida adaptable que reproducen la fractura del hormigón conforme al modelo de fisura cohesiva estándar, y elementos de interfaz llamados elementos junta expansiva, que se programaron específicamente para reproducir la expansión volumétrica del óxido y que incorporan su comportamiento mecánico. En el elemento junta expansiva se implementó un fenómeno de despegue, concretamente de deslizamiento y separación, que resultó fundamental para obtener localización de fisuras adecuada, y que se consiguió con una fuerte reducción de la rigidez tangencial y la rigidez en tracción del óxido. Con este modelo, se realizaron simulaciones de los ensayos, utilizando modelos bidimensionales de las muestras con elementos finitos. Como datos para el comportamiento en fractura del hormigón, se utilizaron las propiedades determinadas en experimentos. Para el óxido, inicialmente se supuso un comportamiento fluido, con deslizamiento y separación casi perfectos. Después, se realizó un ajuste de los parámetros del elemento junta expansiva para reproducir los resultados experimentales. Se observó que variaciones en la rigidez normal del óxido apenas afectaban a los resultados, y que los demás parámetros apenas afectaban a la apertura de fisura; sin embargo, la deformación del tubo resultó ser muy sensible a variaciones en los parámetros del óxido, debido a la flexibilidad de la pared de los tubos, lo que resultó fundamental para determinar indirectamente los valores de los parámetros constitutivos del óxido. Finalmente, se realizaron simulaciones definitivas de los ensayos. El modelo reprodujo la profundidad de corrosión crítica y el comportamiento final de las curvas experimentales; se comprobó que la variación de diámetro interior de los tubos está fuertemente influenciada por su posición relativa respecto a la fisura principal, en concordancia con los resultados experimentales. De la comparación de los resultados experimentales y numéricos, se pudo extraer información sobre las propiedades del óxido que de otra manera no habría podido obtenerse. Corrosion of steel is one of the main pathologies affecting reinforced concrete structures exposed to marine environments or to molten salt. When corrosion occurs, an oxide layer develops around the reinforcement surface, which occupies a greater volume than the initial steel; thus, it induces internal pressure on the surrounding concrete that leads to cracking and, eventually, to full-spalling of the concrete cover. During the last years much effort has been devoted to understand the process of cracking; however, there is still a lack of knowledge regarding the mechanical behavior of the oxide layer, which is essential in the prediction of cracking. Thus, a methodology has been developed and applied in this thesis to gain further understanding of the behavior of the steel-oxide-concrete system, combining experiments and numerical simulations. Accelerated corrosion tests were carried out in laboratory conditions, using the impressed current technique. To get experimental information close to the oxide layer, concrete prisms with a smooth steel tube as reinforcement were selected as specimens, which were designed to get a single main crack across the cover. During the tests, the specimens were equipped with instruments that were specially designed to measure the variation of inner diameter and volume of the tubes, and the width of the main crack was recorded using a commercial extensometer that was adapted to the geometry of the specimens. The boundary conditions were carefully designed so that plane current and strain fields were expected during the tests, resulting in nearly uniform corrosion along the length of the tube, so that the tests could be reproduced in numerical simulations. Series of tests were carried out with various current densities and corrosion depths. Complementarily, the fracture behavior of concrete was characterized in independent tests, and the gravimetric loss of the steel tubes was determined by standard means. In all the tests, the main crack grew very slowly during the first microns of corrosion depth, but after a critical corrosion depth it fully developed and opened faster; the current density influenced the critical corrosion depth. The variation of inner diameter and inner volume of the tubes had different trends, which indicates that the deformation of the tube was not uniform. After accelerated corrosion, the specimens were cut into slices, which were used in post-corrosion tests. The pattern of cracking along the reinforcement was investigated in slices that were impregnated under vacuum with resin containing fluorescein to enhance the visibility of cracks under ultraviolet lightening and a study was carried out to assess the presence of oxide into the cracks. In all the specimens, a main crack developed through the concrete cover, which was infiltrated with oxide, and several thin secondary cracks around the reinforcement; the number of cracks diminished with the corrosion depth of the specimen. For specimens with the same corrosion, the number of cracks and their position varied from one specimen to another and between cross-sections of a given specimen, due to the heterogeneity of concrete. Finally, the bond between the steel and the concrete was investigated, using a device designed to push the tubes of steel in the concrete. The curves of stress versus displacement of the tube presented a marked peak, followed by a steady descent, with notably influence of the corrosion depth and the crack width on the residual stress. To simulate cracking of concrete due to corrosion of the reinforcement, a numerical model was implemented. It combines finite elements with an embedded adaptable crack that reproduces cracking of concrete according to the basic cohesive model, and interface elements so-called expansive joint elements, which were specially designed to reproduce the volumetric expansion of oxide and incorporate its mechanical behavior. In the expansive joint element, a debonding effect was implemented consisting of sliding and separation, which was proved to be essential to achieve proper localization of cracks, and was achieved by strongly reducing the shear and the tensile stiffnesses of the oxide. With that model, simulations of the accelerated corrosion tests were carried out on 2- dimensional finite element models of the specimens. For the fracture behavior of concrete, the properties experimentally determined were used as input. For the oxide, initially a fluidlike behavior was assumed with nearly perfect sliding and separation; then the parameters of the expansive joint element were modified to fit the experimental results. Changes in the bulk modulus of the oxide barely affected the results and changes in the remaining parameters had a moderate effect on the predicted crack width; however, the deformation of the tube was very sensitive to variations in the parameters of oxide, due to the flexibility of the tube wall, which was crucial for indirect determination of the constitutive parameters of oxide. Finally, definitive simulations of the tests were carried out. The model reproduced the critical corrosion depth and the final behavior of the experimental curves; it was assessed that the variation of inner diameter of the tubes is highly influenced by its relative position with respect to the main crack, in accordance with the experimental observations. From the comparison of the experimental and numerical results, some properties of the mechanical behavior of the oxide were disclosed that otherwise could not have been measured.

The European Court of Justice and the Draft Constitution: A Supreme Court for the Union? Research Paper in Law 8/2003

[Introduction]. The purpose of this paper is twofold. First, it examines selectively the provisions of the draft Constitution pertaining to the Court of Justice and assesses the ways in which the draft Constitution is likely to affect the jurisdiction and the function of the Court. Secondly, it discusses the challenges faced by the Court in relation to the protection of human rights by reference to the recent judgment in Schmidberger.1 Both aspects of the discussion serve to underlie that the Court is assuming the function of the Supreme Court of the Union whose jurisdiction is fundamentally constitutional in character. It has a central role to play not only in relation to matters of economic integration but also in deciding issues of political governance, defining democracy at European and national level, and contributing through the process of judicial harmonisation to the emergence of a European demos. This constitutional jurisdiction of the ECJ is not new but has acquired more importance in recent years and is set to be enhanced under the provisions of the new Constitution. The paper is divided as follows: The first section provides an overview of the way the new Constitution affects the ECJ. The subsequent sections examine respectively Article 28(1) of the draft Constitution, the appointment and tenure of the judiciary, locus standi for private individuals, sanctions against Member States, jurisdiction under the CFSP and the Chapter on freedom, security and justice, preliminary references, other provisions o f the Constitution pertaining to the Court, the principle of subsidiarity, and the judgment in Schmidberger. The final section contains some concluding remarks.

With or without you...judging politically in the field of Area of Freedom, Security and Justice? Research Papers in Law, 3/2007

From the Introduction. The study of the European Court of Justice’s (ECJ) case law of the regarding the Area of Freedom Security and Justice (AFSJ) is fascinating in many ways.1 First, almost the totality of the relevant case law is extremely recent, thereby marking the first ‘foundational’ steps in this field of law. This is the result of the fact that the AFSJ was set up by the Treaty of Amsterdam in 1997 and only entered into force in May 1999.2 Second, as the AFSJ is a new field of EU competence, it sets 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) measure of the protection given to fundamental rights. The above questions beg for answers which should 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.3 Third, and as a consequence of the above, the vast majority of the ECJ’s judgments relating to the AFSJ are a) delivered by the Full Court or, at least, the Grand Chamber, b) with the intervention of great many member states and c) often obscure in content. This is due to the fact that the Court is called upon to set the foundational rules in a new field of EU law, often trying to accommodate divergent considerations, not all of which are strictly legal.4 Fourth, the case law of the Court relating to the AFSJ, touches upon a vast variety of topics which are not necessarily related to one another. This is why it is essential to limit the scope of this study. The content of, and steering for, the AFSJ were given by the Tampere European Council, in October 1999. According to the Tampere Conclusions, the AFSJ should consist of four key elements: a) a common immigration and asylum policy, b) judicial cooperation in both civil and penal matters, c) action against criminality and d) external action of the EU in all the above fields. Moreover, the AFSJ is to a large extent based on the Schengen acquis. The latter has been ‘communautarised’5 by the Treaty of Amsterdam and further ‘ventilated’ between the first and third pillars by decisions 1999/435 and 1999/436.6 Judicial cooperation in civil matters, mainly by means of international conventions (such as the Rome Convention of 1981 on the law applicable to contractual obligations) and regulations (such as (EC) 44/20017 and (EC) 1348/20008) also form part of the AFSJ. However, the relevant case law of the ECJ will not be examined in the present contribution.9 Similarly, the judgments of the Court delivered in the course of Article 226 EC proceedings against member states, will be omitted.10 Even after setting aside the above case law and notwithstanding the fact that the AFSJ only dates as far back as May 1999, the judgments of the ECJ are numerous. A simple (if not simplistic) categorisation may be between, on the one hand, judgments which concern the institutional setting of the AFSJ (para. 2) and, on the other, judgments which are related to some substantive AFSJ policy (para. 3).

EU Law, International Law and Economic Sanctions against Terrorism: The Judiciary in Distress? Research Papers in Law, 3/2008

From the Introduction. This article seeks to examine the relationship between European Union law, international law, and the protection of fundamental rights in the light of recent case law of the European Court of Justice (ECJ) and the Court of First Instance (CFI) relating to economic sanctions against individuals. On 3 September 2008, the ECJ delivered its long-awaited judgment in Kadi and Al Barakaat on appeal from the CFI.3 In its judgment under appeal,4 the CFI had held that the European Community (EC) is competent to adopt regulations imposing economic sanctions against private organisations in pursuance of UN Security Council (UNSC) Resolutions seeking to combat terrorism; that although the EC is not bound directly by the UN Charter, it is bound pursuant to the EC Treaty to respect international law and give effect to UNSC; and that the CFI has jurisdiction to examine the compatibility of EC regulations implementing UNSC resolutions with fundamental rights not as protected by the EC but as protected by jus cogens. On appeal, following the Opinion of Maduro AG, the ECJ rejected the CFI’s approach. It held that UNSC resolutions are binding only in international law. It subjected the contested regulations to full review under EC human rights standards and found them in breach of the right to a hearing, the right to judicial protection and the right to property. Kadi and Al Barakaat is the most important judgment ever delivered by the ECJ on the relationship between EC and international law and one of its most important judgments on fundamental rights. It is imbued by constitutional confidence, commitment to the rule of law but also some scepticism towards international law. In the meantime, the CFI has delivered a number of other judgments on anti-terrorist sanctions assessing the limits of the “emergency constitution” at European level. The purpose of this paper is to examine the above case law and explore the dilemmas and tensions facing the EU judiciary in seeking to define and protect the EU’s distinct constitutional space. It is divided as follows. It first looks at the judgment in Kadi. After a short presentation of the factual and legal background, it explores the question whether the EU has competence to adopt smart sanctions. It then examines whether the EU is bound by resolutions of the Security Council, whether the ECJ has jurisdiction to review Community measures implementing such resolutions and the applicable standard of judicial scrutiny. It analyses the contrasting views of the CFI, the Advocate General, and the ECJ taking account also of the case law of the European Court of Human Rights (ECtHR). Further, it explores the consequences of annulling the contested regulation. It then turns to discussing CFI case law in relation to sanctions lists drawn up not by the UN Security Council but by the EC. The paper concludes by welcoming the judgment of the ECJ. Whilst its reasoning on the issue of Community competence is questionable, once such competence is established, it is difficult to support the abrogation of Community standards for the protection of fundamental rights. Such standards should ensure procedural due process whilst recognising the importance of public security.

Judicial Selection, Lay Participation, and Judicial Culture in the Czech Republic: A Study in a Central European (Non)Transformation. College of Europe Research Paper in Law 03/2014

Introduction. The idea that “merit” should be the guiding principle of judicial selections is a universal principle, unlikely to be contested in whatever legal system. What differs considerably across legal cultures, however, is the way in which “merit” is defined. For deeper cultural and historical reasons, the current definition of “merit” in the process of judicial selections in the Czech Republic, at least in the way it is implemented in the institutional settings, is an odd mongrel. The old technocratic Austrian judicial heritage has in some aspects merged with, in others was altered or destroyed, by the Communist past. After 1989, some aspects of the judicial organisation were amended, with the most problematic elements removed. Furthermore, several old as well as new provisions relating to the judiciary were struck down by the Constitutional Court. However, apart from these rather haphazard interventions, there has been neither a sustained discussion as to how a new judicial architecture and system of judicial appointments ought to look like nor much of broader, conceptual reform in this regard. Thus, some twenty five years after the Velvet Revolution of 1989, the guiding principles for judicial selection and appointments are still a debate to be had.

The Legal Construction of Membership: Nationality Law in Germany and the United States. CES Germany & Europe Working Papers No. 00.5, 2000

The argument of this paper is that several empirical puzzles in the citizenship literature are rooted in the failure to distinguish between the mainly legal concept of nationality and the broader, political concept of citizenship. Using this distinction, the paper analysis the evolution of German and American nationality laws over the last 200 years. The historical development of both legal structures shows strong communalities. With the emergence of the modern system of nation states, the attribution of nationality to newborn children is ascribed either via the principle of descent or place of birth. With regard to the naturalization of adults, there is an increasing ethnization of law, which means that the increasing complexities of naturalization criteria are more and more structured along ethnic ideas. Although every nation building process shows some elements of ethnic self-description, it is difficult to use the legal principles of ius sanguinis and ius soli as indicators of ethnic or non-ethnic modes of community building.

One year of Ukraine’s De-communisation. A change in the historical narrative. OSW COMMENTARY NUMBER 211/16.05.2016

A year ago, the Parliament of Ukraine adopted four bills on the policy of national memory: on granting access to the archives of the repressive organs of the Communist totalitarian regime in the years 1917–1991, on the legal status and commemoration of Ukrainian independence fighters in the twentieth century, on the immortalisation of the victory over Nazism in the Second World War, 1939–1945, and on the condemnation of the Communist and National Socialist (Nazi) totalitarian regimes and the forbidding of their symbolism from being promoted. The laws came into force on 21 May 2015. After a year, it can be stated that only the latter two are being observed – the official narrative regarding World War II has been changed, mainly due to the activity of the Ukrainian Institute of National Remembrance (UINR), but also as a result of public statements by President Petro Poroshenko. The process of removing from public places the names and commemorations referring to the Soviet era is underway, and the fears that this may trigger serious conflicts have not proved true. From roughly a thousand placenames subject to de-communisation some two thirds have been changed so far (parliamentary bills regarding the remaining ones are awaiting approval) and most statues of Communist leaders have been removed. However, the law concerning independence fighters, which raised the most serious controversies, did not have any practical consequences. Moreover, nothing suggests that this could change. The implementation of the de-communisation laws is associated with a significant change in Ukrainian patriotic narrative: it is no longer focused on national martyrdom and it is beginning to emphasize heroic motives, which is in line with wartime needs. The fact that some of these motives are likely to trigger problems in Ukraine’s relations with Poland seems to be viewed as a marginal ‘by-product’.

Total Progeny in a Subcritical Branching Process with two Types of Immigration

2000 Mathematics Subject Classification: 60J80, 60F05

Trading democracy for security? The effects of the international drug war on the quality of democracy in the Dominican Republic, 1996–2008

The purpose of the research is to study the relationship between international drug interdiction policies and domestic politics in fragile democracies, and to demonstrate how international drug control policies and the use of force fit the rhetoric of war, are legitimized by the principles of a just war, but may also cause collateral damage and negative unintended consequences. The method used is a case study of the Dominican Republic. The research has found that international drug control regimes, primarily led by the U.S. and narrowly focused on interdiction, have influenced an increasingly militarized approach to domestic law enforcement in the Dominican Republic. The collateral damage caused by militarized enforcement comes in the form of negative perceptions of citizen security, loss of respect for the rule of law and due process, and low levels of civil society development. The drug war has exposed the need for significant reform of the institutions charged with carrying out enforcement, the police force and the judicial system in particular. The dissertation concludes that the extent of drug trafficking in the Dominican Republic is beyond the scope of domestic reform efforts alone, but that the programs implemented do show some potential for future success. The dissertation also concludes that the framework of warfare is not the most appropriate for the international problems of drug traffic and abuse. A broader, multipronged approach should be considered by world policy makers in order to address all conditions that allow drugs to flourish without infringing upon democratic and civil rights in the process.

Foreign Language Education in Colombia: A Qualitative Study of Escuela Nueva

Since 2004 the Colombian Ministry of Education has been implementing the Programa Nacional de Bilingüismo (PNB) with the goal of having bilingual high school graduates in English and Spanish by 2019. However, implementation of the PNB has been criticized by English Language Teaching (ELT) specialists in the country who say, among other things, that the PNB introduced a discourse associated exclusively with bilingualism in English and Spanish. This study analyzed interviews with 15 participants of a public school of the Colombian Escuela Nueva, a successful model of community-based education that has begun a process of internationalization, regarding the participants’ perceptions of foreign language education and the policies of the PNB. Six students, five teachers, and four administrators were each interviewed twice using semi-structured interviews. To offer a critique of the PNB, this study tried to determine to what extent the school implemented the elements of Responsible ELT, a model developed by the researcher incorporating the concepts of hegemony of English, critical language-policy research, and resistance in ELT. Findings included the following: (a) students and teachers saw English as the universal language whereas most administrators saw English imposed due to political and economic reasons; (b) some teachers misinterpreted the 1994 General Law of Education mandating the teaching of a foreign language as a law mandating English; and (c) some teachers and administrators saw the PNB’s adoption of competence standards based on the Common European Framework of Reference for languages as beneficial whereas others saw it as arbitrary. Conclusions derived from this study of this Escuela Nueva school were: (a) most participants found the goal of the PNB unrealistic; (b) most teachers and administrators saw the policies of the PNB as top-down policies without assessment or continuity; and (c) teachers and administrators mentioned a disarticulation between elementary and high school ELT policies that may be discouraging students in public schools from learning English. Thus, this study suggests that the policies of the PNB may be contributing to English becoming a gatekeeper for higher education and employment thereby becoming a tool for sustaining inequality in Colombia.

Trading Democracy for Security? The Effects of the International Drug War on the Quality of Democracy in the Dominican Republic, 1996 -2008

The purpose of the research is to study the relationship between international drug interdiction policies and domestic politics in fragile democracies, and to demonstrate how international drug control policies and the use of force fit the rhetoric of war, are legitimized by the principles of a just war, but may also cause collateral damage and negative unintended consequences. The method used is a case study of the Dominican Republic. The research has found that international drug control regimes, primarily led by the U.S. and narrowly focused on interdiction, have influenced an increasingly militarized approach to domestic law enforcement in the Dominican Republic. The collateral damage caused by militarized enforcement comes in the form of negative perceptions of citizen security, loss of respect for the rule of law and due process, and low levels of civil society development. The drug war has exposed the need for significant reform of the institutions charged with carrying out enforcement, the police force and the judicial system in particular. The dissertation concludes that the extent of drug trafficking in the Dominican Republic is beyond the scope of domestic reform efforts alone, but that the programs implemented do show some potential for future success. The dissertation also concludes that the framework of warfare is not the most appropriate for the international problems of drug traffic and abuse. A broader, multipronged approach should be considered by world policy makers in order to address all conditions that allow drugs to flourish without infringing upon democratic and civil rights in the process.

The gendered effects of family migration law: contextual interpretation as a possible judicial remedy

At all normative levels, family migration law can disproportionally and negatively affect immigrant women’s rights in this field, producing gendered effects. In some cases, such effects are related to the normative and judicial imposition of unviable family-related models (e.g., the ʻgood mother ̕ the one-breadwinner family, or a rigid distinction between productive and reproductive work). In other cases, they are due to family migration law’s overlooking of the specific needs and difficulties of immigrant women, within their families and in the broader context of their host countries’ social and normative framework.To effectively expose and correct this gender bias, in this article I propose an alternative view of immigrant women’s right to family life, as a cluster of rights and entitlements rather than as a mono-dimensional right. As a theoretical approach, this construction is better equipped to capture the complex experiences of immigrant women in the European legal space, and to shed light on the gendered effects generated not by individual norms but by the interaction of norms that are traditionally assigned to separated legal domains (e.g., immigration law and criminal law). As a judicial strategy, this understanding is capable of prompting a consideration by domestic and supranational courts of immigrant women not as isolated individuals, but as ‘individuals in context’. I shall define this type of approach as ‘contextual interpretation’, understood as the consideration of immigrant women in the broader contexts of their families, their host societies and the normative frameworks applicable to them. Performed in a gendersensitive manner, a contextual judicial interpretation has the potential to neutralize the gendered effects of certain family migration norms. To illustrate these points, I will discuss selected judicial examples offered by the European Court on Human Rights, as well as from domestic jurisdictions of countries with a particularly high incidence of immigrant women (Italy and Spain).

Towards participatory political theology: democratic consolidation in Southeastern Europe and the role of Eastern Christianity in the process

This thesis defends the position that the Eastern Orthodoxy has the potential to develop, on the basis of its core concepts and doctrines, a new political theology that is participatory, personalist and universalist. This participatory political theology, as I name it, endorses modern democracy and the values of civic engagement. It enhances the process of democracy-building and consolidation in the SEE countries through cultivating the ethos of participation and concern with the common good among and the recognition of the dignity and freedom of the person. This political-theological model is developed while analyzing critically the traditional models of church-state relations (the symphonia model corresponding to the medieval empire and the Christian nation model corresponding to the nation-state) as being instrumentalized to serve the political goals of non-democratic regimes. The participatory political-theological model is seen as corresponding to the conditions of the constitutional democratic state. The research is justified by the fact the Eastern Orthodoxy has been a dominant religiouscultural force in the European South East for centuries, thus playing a significant role in the process of creation of the medieval and modern statehood of the SEE countries. The analysis employs comparative constitutional perspectives on democratic transition and consolidation in the SEE region with the theoretical approaches of political theology and Eastern Orthodox theology. The conceptual basis for the political-theological synthesis is found in the concept and doctrines of the Eastern Orthodoxy (theosis and synergy, ecclesia and Eucharist, conciliarity and catholicity, economy and eschatology) which emphasize the participatory, personalist and communal dimensions of the Orthodox faith and practice. The paradigms of revealing the political-theological potential of these concepts are the Eucharistic ecclesiology and the concept of divine-human communion as defining the body of Orthodox theology. The thesis argues that with its ethos of openness and engagement the participatory political theology presupposes political systems that are democratic, inclusive, and participatory, respecting the rights and the dignity of the person. The political theology developed here calls for a transformation and change of democratic systems towards better realization of their personalist and participatory commitments. In the context of the SEE countries the participatory political theology addresses the challenges posed by alternative authoritarian political theologies practiced in neighboring regions.