Provisional Court Protection in Administrative Disputes in Europe: The Constitutional Status of Interim Measures Deriving from the Right to Effective Court Protection. A Comparative Approach

Abstract: Interim protection in remedies against the public administration has proved to be one of the key issues in today's justice. In effect, the slowness of judicial proceedings means that final judicial decisions cannot guarantee the rights and interests of the litigants any more, because those decisions arrive too late. Thus, effective judicial protection is at stake. On the other hand, public administrations have traditionally disposed of privileges, one of the most important of them being the so‐called executive character of administrative acts. The national debate on the equilibrium between both principles—effective judicial protection and the executive character of administrative acts—needs to be exported to the Community law context. Community law should therefore learn from national experiences, as other legal orders, such as the Spanish one, have done, turning to comparative law in order to improve their own model of interim protection.     

New Nonlinear Approaches for the Adjustment and Updating of a SAM

Many structural relationships should be taken into account in any reasonable adjustment and updating process. These structural relationships are mainly represented by ratios of different types, such as technical coefficients or the proportion of the cell value in relation to its row or column total. We believe that in many cases (either because of lack of information or when the time elapsed for the estimation of a social accounting matrix is not long enough to allow for any significant structural change) the updating process should try to minimize the rela- tive deviation of the new coefficients from the initial ones in a homogeneous way. This homogeneity would mean that the magnitude of this relative deviation is similar among the elements of each row or column, therefore avoiding the concentration of the changes in particular cells of the SAM. In this work, we propose some new adjustment criteria in order to obtain a more homogeneous relative adjustment of the structural coefficients. These criteria combine the adjustment method proposed by Matuszewski et al. (1964) with other deviation functions. Each of the adjustment criteria proposed leads to a nonlinear optimization problem which is reformulated as a linear program. We test the usefulness of this proposal by comparing its results with the ones obtained by more standard approaches and we are able to show that these approaches tend to produce a less homogeneous pattern of coefficient adjustment, under certain circumstances, than the ones we put forward.     

Allele frequencies of nine STR loci—D16S539, D7S820, D13S317, CSF1PO, TPOX, TH01, F13A01, FESFPS and vWA—in the population from Alagoas, northeastern Brazil

The polymorphism of nine STR loci has been studied in a sample of 598 individuals from the population of Alagoas, Northeastern Brazil. Determination of the allele frequencies as well as of several commonly used statistics in forensic and paternity testing were defined. The most polymorphic loci were TH01 and D7S317. The exact test demonstrated that the nine loci analyzed in the population have no deviation from Hardy–Weinberg equilibrium (P>0.05).     

“Sex change” in skeletal remains: Assessing how heat-induced changes interfere with sex estimation

The true impact of heat-induced changes in human bone regarding their sex estimation has not been comprehensively documented having a potentially negative impact on forensic anthropology. The objective of this paper was to evaluate how heat exposure affects sex estimation based on both morphological and metric features. The study focused in both low-to-medium intensity burns and high intensity burns. Selected sexually dimorphic features were analysed in 51 experimentally burnt skeletons from the 21st Century Identified Skeletal Collection. Bones were burnt to maximum temperatures between 450 °C and 1050 °C achieved after 75 to 257 min. Morphological methods tested in this study comprised the recommendations for hipbone features from Buikstra and Ubelaker (1994) and from Bruzek (2002). On the other hand, metric references tested here were the ones from Wasterlain (2000), Curate et al. (2016) and Gonçalves et al. (2013) focused on the humerus, femur, calcaneus and talus. Agreement was tested with Gwet’s AC1 test and was further assessed by calculating the relative amount of perfect agreements. Results demonstrated that heat-induced changes affected not only the scoring of morphological features burnt at high temperatures but also the scoring of features burnt at lower intensities. On the other hand, metric features were only considerably affected in high intensity burns, no major changes being documented for low-to-medium intensity burns. For low-to-medium intensity burns, the Bruzek and Curate et al. methods revealed a better agreement between the pre- and post-burning scores. For high intensity burns, better agreement was obtained by using the Bruzek (2002) and Gonçalves et al. (2013) methods. As expected, heat-induced warping, fracture and metric change had a major impact on the pre- and post-observations’ agreement. Contrary to what has been systematically assumed over the years, this impact is also quite substantial in bones burnt at low-to-medium burn intensities so caution is advised during the analysis of this kind of burnt skeletal material.     

Nondestructive Methods for Recovery of Biological Material from Human Teeth for DNA Extraction

The extraction of DNA from human skeletal remains applied to forensic, and evolutionary studies do not exclude risks, which are to be evaluated when working with unique specimens that could be damaged or even destroyed. In the present study were evaluated several nondestructive methods for recovering DNA instead of the most currently used pulverization method. Three different procedures to access inside the dental pieces (occlusal perforation, cervical perforation, and cervical cut) have been compared with the aim of recovering as many cell remains as possible to carry out a DNA extraction. Given the DNA quantitation results, a method was proposed that consists of a cervical cut to facilitate the access to the pulp cavity and a subsequent filing of the root canals down to the apex of the dental root. This methodology allows the recovery of both mitochondrial and nuclear DNA, with the minimum deterioration for the dental pieces.