Folgerungen aus dem Lissabonurteil des Bundesverfassungsgerichts

Das Lissabonurteil des deutschen Bundesverfassungsgerichts hat gro?e Aufmerksamkeit erzeugt, die keineswegs auf Deutschland beschr?nkt blieb. Der vorliegende Beitrag geht der Frage nach, ob die vom Bundesverfassungsgericht gezogenen Schlussfolgerungen auch die Rechtslage in ?sterreich tangieren. Insbesondere stellt sich die Frage, ob eine allf?llige Gesamt?nderung der Bundesverfassung durch den Vertrag von Lissabon neu zu diskutieren w?re. Schlie?lich behandelt der Beitrag auch die Frage, ob der Vertrag von Lissabon zwingend eine ?nderung der parlamentarischen Mitwirkungsrechte in ?sterreich erfordert.     

A new framework for testing the effect of government spending on growth and productivity

Does government spending have a positive or negative effect on economic growth? The results of earlier empirical studies give mixed results. In this study we suggest a new method for testing the effect of different kinds of government expenditure on productivity growth in the private sector. The focus on productivity in the private sector and the use of disaggregated data makes it possible to avoid or mitigate a number of methodological problems. The major conclusions, which are quite robust, are that government transfers, consumption and total outlays have consistently negative effects, while educational expenditure has a positive effect, and government investment has no effect on private productivity growth. The impact is also found to work solely through total factor productivity and not via the marginal productivity of labor and capital.     

Age estimation in small children: reference values based on counts of deciduous teeth in Finns

The eruption of teeth in the mouth is suitable for age estimations during the period when teeth are actively emerging, in the deciduous dentition phase approximately from the age of 6 months to 2.5 years. Estimations of age can be performed simply by counting the number of teeth in the mouth. Reliability of the estimates depends on the reference data available and each population group should preferably have its own standards. In the present study timing of eruption of successive deciduous teeth was studied longitudinally in 129 Finns. The dates of clinical eruption of deciduous teeth were recorded by mothers and checked by dentists. In 40 of the 129 children emergence ages of at the most the four last teeth were based only on semiannual registrations performed by dentists. The main purpose was to provide normal timetables of tooth eruption in small children in forms that are practical in estimations of dental age. No sexual dimorphism existed in the timing of clinical eruption of successive deciduous teeth. The mean age corresponding to the presence of one tooth in the mouth was 7.1 months (S.D.=1.78) and that corresponding to tooth count 19 was 27.8 months (S.D.=3.99). If the chronological age is known, the presented distributions and means with variations make it possible to estimate the degree of advancement or delay in a child's dental development. If the age of the child is not known, the mean and median ages can be used for estimations of chronological age. However, estimations of age should not be based only on tooth counts because of marked variation also within this homogeneous group.     

Benzodiazepine findings in blood and urine by gas chromatography and immunoassay

Gas chromatography (GC) and immunoassay techniques applied to blood and urine specimens were compared for the screening of benzodiazepines in postmortem forensic toxicology. Five hundred and six such successive postmortem cases in which both urine and peripheral blood was sent for toxicological analysis by the medical examiners were selected. The urine specimens were tested by the Emit((R)) d.a.u. Benzodiazepine Assay, and in parallel, the blood and urine specimens were screened for benzodiazepine drugs and their metabolites by an established automated dual-column GC method. The lowest number of positives (153) was obtained when immunoassay was performed without enzyme hydrolysis. When urine samples were hydrolysed before immunoassay, the number of positives increased to 175. The highest number of positives (200) was obtained in urine by GC, and the screening of blood by GC yielded 185 quantitative results. Despite the urine GC screening produced the most positives, the quantitative screening of the blood by GC appears to be the most efficient approach in postmortem forensic toxicology, considering the fact that although urine findings confirm the presence of the drug, quantitative results in urine are irrelevant to acute toxicity.     

Microscopic study of powders of hallucinogenic mushrooms--Psilocybe sp

The paper presents simple methods for microscopic examination and basic microchemical testing for the identification of suspect mushroom powders. The microscopic features of the most commonly cultivated and trafficked hallucinogenic genus Psilocybin are described and may serve for the decision whether any suspect material consists of such mushroom powder (and is therefore to be subjected to further analysis) or not.     

Drug screening in urine--common pitfalls in measurement and interpretation

Nowadays immunoassays are used for the rapid screening of drugs world-wide. Despite the fact that they are a highly valuable tool for the test of legal and illicit drugs, there is a non-negligible risk of false positive and false negative findings, and many pitfalls must be taken into account when using these tests in an uncritical manner and without valid confirmation procedures. In accordance with the committee for "problems of threshold values for medical and addictive drugs" set up by German scientific societies (in particular GTFCh, DGRM and DGVM), immunoassays are recommended as a useful tool for screening. But confirmation analysis with conclusive methods (GC/MS or LC/MS) is indispensable for valid substance identification, discrimination between active and inactive metabolites, detection of escort substances and accurate determination of concentrations in body fluids.     

Premature detachment of the placenta due to kicks to the lower abdomen

An 18-year-old woman in an advanced stage of pregnancy was admitted to hospital for gynaecological emergency treatment with pain after kicks to the lower abdomen. Premature detachment of the placenta was diagnosed and an immediate Caesarian section was performed. Although the newborn was resuscitated at once by the medical team, it died two days later in the paediatric hospital from multiorgan failure. The autopsy results together with the pathological findings of the palcenta proved the causal context between the kicks, the premature detachment of the placenta and the hypoxia requiring postnatal resuscitation, so that the perpetrator was found guilty.     

Adolescent homicides in Finland: offence and offender characteristics

Approximately 9% of the homicides in Finland are committed by adolescents under 20 years of age. The purpose of this study was to investigate the offence and offender characteristics in homicidal adolescents. Forensic psychiatric evaluation statements of adolescent offenders accused of a homicide during 1990-2001 were reviewed retrospectively (n=57). In 38% of the cases, there were multiple offenders. In 58% of the cases, the victim was an acquaintance, in 25% a stranger, in 12% a family member and in 5% of the cases an (ex)intimate partner. Sixty-nine percent of the offenders were intoxicated and 21% under the influence of drugs at the time of the killing. The most frequent motives were an argument (25%) and a robbery (25%). Sixty-four percent of the offenders had developmental problems and 42% had a crime history. Approximately half were diagnosed as having a conduct or a personality disorder, but 32% of the offenders were considered not to suffer from a mental illness or substance abuse. For 63%, the level of intellectual functioning was average or above average. There were signs of more than one form of violence in 54% of the cases and 28% of the cases contained excessive violence. The use of multiple and excessive violence was significantly related to the offender age, multiple offenders, offender-victim relationship and substance abuse, but not related to having developmental problems, crime history or mental illness.     

The numerical Hatze-model: also qualified for calculations on children?

The aim of this study was to find out whether the Hatze-model, which is specifically designed for adults, is suitable for calculations on children as well. By means of that program it is possible to calculate various parameters of the human body. After the collection of data and analysis of the results according to Hatze it becomes evident that this model provides good results only for the calculation of the total body mass. As regards the body segments, there are significant under- and overestimations. The same applies to the calculation of mean body density. Indeed there is a significant gender dimorphism indicating that girls have a higher fraction of body fat than boys. However, the values are far below those described in the literature. Due to the formula, the values of the centres of gravity are linear and congruent in both sides of the body. Interpretation of the results is difficult, as there are no valid reference values. Furthermore the program is not able to take characteristic shapes and proportions of children into account. For this reason 88% of the children are defined as either pregnant or obese. In summary, the study shows that the present model should not be used to calculate children and the human models have to be designed specifically for children.