Implementing European case law at the bureaucratic frontline: How domestic signalling influences the outcomes of EU law

This article analyses the implementation of European case law at the bureaucratic frontline of European member states. Theoretically, insights from street‐level implementation studies are combined with judicial impact research. Empirically, we compare how EU rules on free movement and cross‐border welfare are applied in practice in Denmark, Austria and France. We find that when applying EU rules in practice, street‐level bureaucrats are confronted with a world of legal complexity, consisting of ambiguous rules, underspecified concepts and a recent judicial turn by the Court of Justice of the European Union. In order to manage complexity, street‐level bureaucrats turn to their more immediate superiors for guidance. As a consequence, domestic signals shape the practical application of EU law. Despite bureaucratic discretion and many country differences, domestic signals create uniform, restrictive outcomes of EU law in all three cases. Thus we show that there is considerable room for politics in EU implementation processes.     

Does European defence really matter? Fortunes and misfortunes of the Common Security and Defence Policy

This article examines how the defence component of the Common Security and Defence Policy (CSDP) has been revisited over the last few years. It argues that while the CSDP has grown predominantly as a security – rather than defence – policy, the latest developments that include the creation of a military headquarter, the launching of a Permanent Structured Cooperation (PESCO) and the new role for the European Commission in defence funding, attest to an evolution towards a more central EU defence policy. In the meantime, the article points to some structural impediments to the materialisation of European defence. The momentum says little about the form and finality of military operations that EU states will have to conduct so as to give a meaning to defence in a European context. Moreover, persisting divergences in the EU member states’ respective strategic cultures and institutional preferences – notably vis-à-vis NATO – are likely to continue to constrain European defence self-assertion.     

The economy of secrecy: security,information control,and EU‒US relations

Abstract

This article develops an ‘economy of secrecy’ as a framework to understand how secrecy regulates interstate relations and to explicate why states react differently to breaches of secrecy. Drawing upon Simmel, the article argues that secrecy shapes interstate relations by tuning the ratio of ‘knowledge’ and ‘ignorance’. Furthermore, while the economy of secrecy acknowledges the existence of many types of secret, it emphasises their common underlying mechanisms, namely: secrecy as a field of power, secrecy as a field of performance, and secrecy as a normative terrain. Finally, the economy of secrecy is agnostic with regard to the moral character of promoting secrecy. In order to substantiate the argument, the article examines three recent iterations of how secrecy has disrupted EU?US relations: extraordinary renditions, WikiLeaks, and Snowden’s revelations. In addition to showcasing how the economy of secrecy operates, these examples contribute to our understanding of how secrecy affects information flow and dissemination in world politics.     

Contribution of Antemortem Computed Tomography Findings to Cause of Death Determination: An Unusual Fatal Stroke

In the case reported here, the antemortem computed tomography scan (CT scan) was essential in the forensic investigation. A 32‐year‐old man was found fully awake with a facial abrasion, after what seemed to be a car accident. He lost consciousness suddenly one hour after initial management. Successive CT scan showed a facial fracture and a metallic foreign body in the carotid canal associated with an occlusion/dissection of the left internal carotid, a pseudoaneurysm, and a carotid‐cavernous fistula. The victim died from a stroke. Autopsy confirmed that the facial abrasion was a gunshot entrance wound, the metallic foreign body being a projectile. Intracranial vascular injuries linked with gunshot wounds are most of the time isolated and due to pelet embolism. The observed vascular injury association has never been described in the existing literature. The CT scan provided a better understanding of the chronology of events that led to death.     

Remittances and Working Poverty

Abstract

This article shows that the level and the predictability of remittances reduce working poverty in receiving economies through their effects on labour market dynamics. It takes advantage of the new cross-country dataset (ILO, KILM 7th edition) containing information on the share of individuals working for less than US$2 per day. To identify the main impacts, the article proposes a novel approach to deal with the endogeneity of remittances and migration. In addition, the results are robust to the possible error in measuring working poverty, to the potential attrition bias, and to the presence of various control variables.     

So-called Spontaneous Human Combustion

A well-documented case of so-called Spontaneous Human Combustion is reported. Review of the literature shows that these strange observations have been reported since the 17th century, even in famous novels. There are several main features that may lead to help the diagnosis: the vicinity of the body is intact or nearly intact, some parts of the body are turned into ashes (usually the middle third of the body), whereas other parts are intact or nearly intact, burning of the body usually occurs postmortem, the cause of death is usually natural, there is often (but not always) high concentrations of blood alcohol, there is a source of heat near the body. It is indispensable to rule out a homicide by the examination of the body in situ, the autopsy, the toxicological and histopathological samples, the arson assessment, and a thorough police inquiry.     

Not guilty by reason of insanity: clinical and judicial profile of medium and high security patients in Belgium

Under Belgian law, offenders deemed to lack criminal responsibility because of insanity receive mandated treatment under the internment law. Population profiles of these forensic patients (‘internees’) are, however, very scarce. In this study, we analysed the demographic, clinical and judicial profile of a large sample of Belgian internees admitted to a secure setting. In addition, differences between internees admitted to a medium versus a high security setting were investigated. Belgian internees were characterised by a large number of personality disorders and a low number of first offenders. Comparative analyses showed substantial differences between the high and medium security settings, with a marked proportion of the forensic patients in high security having committed a sexual offence. Contrary to expectations, more predictors for length of stay were found in the medium security subsample, while admission periods were significantly longer in the high security subsample.     

Mites (Acari) as a Relevant Tool in Trace Evidence and Postmortem Analyses of Buried Corpses

This report interprets the presence of mite species in three clandestine graves in Europe, evaluating their potential use as trace evidence or markers. Grave 1 (Sweden): Two mite species Rhizoglyphus robini Claparède, 1869 and Parasitus loricatus (Wankel, 1861) were recovered from the surface of a body buried in a shallow grave in an area surrounded by trees, in close vicinity to house gardens. Grave 2 (Germany): Phoretic deutonymphs of Gamasodes spiniger (Trägårdh, 1910) were attached to an adult fly (Diptera: Sphaeroceridae) found within a shallow grave containing two human bodies covered in soil and dung. Grave 3 (France): P. loricatus were recovered from the soil around a body buried in a deep grave (80 cm under). In graves 1 and 3 both corpses were undergoing advanced decay and skeletization, the locations match with the subterranean habit of P. loricatus, highlighting the value of this species as a marker of graves or burials in soil and during late decomposition. R. robini is a soil mite that feeds on decayed roots and bulbs; this mite species confirms the location of the corpse within top soil, agreeing with a more specific type of superficial burial, a shallow grave. In case 2, the presence of both coprophiles, the mite G. spiniger and the carrier fly confirm association of remains with dung or animal feces. The three mite species are reported for the first time in human graves. There are no previous records of R. robini from Sweden.     

《寰有诠》第一卷及其哲学意义上的创造论

傅汎际与李之藻撰写的《寰有诠》(1628)主要翻译自亚里士多德《论天》的拉丁文评注,然而其第一卷加上了从哲学和圣经方面介绍的基督教创造论.在哲学论述方面,通过考证发现,《寰有诠》吸收了阿奎那在《争议问题集:论天主的德能》中的论点,把创造论放在形而上学的框架中去理解,揭示出作为第一本原的天主与万物之间最基本的关系.如此,《寰有诠》为会通创造论与宋明理学提供了非常恰当的基础.