The Animal: A Subject of Law? A Reflection on Aspects of the Austrian and German Juridical Systems

In recent years there has been a marked increase in interest in animal welfare issues worldwide. This subject often evokes extreme points of view, and can be both intellectually challenging and emotionally dividing. It is undeniably a field where substantial progress has taken place, with a multitude of countries worldwide implementing their own animal welfare and protection laws. However, calls continue to be voiced for more extensive and courageous measures to be taken concerning both the content and the enforcement of animal welfare legislation. To highlight a variety of these promising and noteworthy ideas this article outlines and examines some selected and qualified aspects of a potential juridical approach to the subject by consulting the legal systems of Austria and Germany under this particular premise. The aim will be to ascertain the extent to which animals have been granted consideration and protection, for instance in spheres of Constitutional or Civil Law. What options exist to safeguard an animal by a legally founded and secured position, and on which rank in the legal system could such provisions possibly be established? Ideally, a complete legal network on all possible levels of the legal system should be developed, ensuring a comprehensive and an all-embracing protection of the individual animal.     

The EDNAP mitochondrial DNA population database (EMPOP) collaborative exercises: organisation, results and perspectives

This paper presents an overview of the organisation and the results of the collaborative exercises (CE) of the European DNA Profiling (EDNAP) Group's mitochondrial DNA population database project (EMPOP). The aim of the collaborative exercises was to determine whether uniformity of mtDNA sequencing results could be achieved among different laboratories. These were asked to sequence either the complete mtDNA control region or the two hypervariable regions HVI (16024-16365) and HVII (73-340) from DNA extracts, buccal swabs or bloodstains, proceeding in accordance with the protocol and strategies used in each individual laboratory. The results of the collaborative exercises were employed to identify possible sources of errors that could arise during the analysis and interpretation of mtDNA profiles. These findings were taken as a basis to tentatively make suitable arrangements for the construction of a high quality mtDNA database. One hundred fifty mtDNA profiles were submitted to the evaluating laboratory, and disaccording profiles were classified into four groups corresponding to the source of error: clerical errors, sample mix-ups, contaminations and discrepancies with respect to the mtDNA nomenclature. Overall, 14 disaccording haplotypes (16 individual errors) were observed. The errors included 10 clerical errors, 3 interpretation problems, 2 cases of sample mix-up and 1 case of point heteroplasmic mixture, where the 2 sequencing reactions brought inconsistent base calls. This corresponds to an error rate of 10.7% in a virtual mtDNA database consisting of the collaborative exercise results. However, this estimate is still conservative compared to conclusions drawn by authors of meanwhile numerous publications critically reviewing published mtDNA population databases. Our results and earlier published concerns strongly emphasize the need for appropriate safety regulations when mtDNA profiles are compiled for database purposes in order to accomplish the high standard required for mtDNA databases that are used in the forensic context.     

Effects of Pubertal Timing on Communication Behaviors and Stress Reactivity in Young Women During Conflict Discussions with their Mothers

Individuation, a process whereby adolescents gain autonomy from their parents while maintaining emotional relatedness, is displayed by characteristic styles of verbal exchanges. Negotiating this developmental transition is often stressful for adolescents and their parents. This study deals with the association between pubertal timing, communication behaviors, and stress reactivity assessed during young females’ conflict discussions with their mothers. A sample of N = 32 girls (age 9–13, T1) was grouped by pubertal timing. Years later (age 17–22, T2) they were followed up and videotapes of daughter–mother conflict discussions were evaluated. Salivary alpha-amylase was used to assess the stress reactivity. Results revealed that young women who had entered puberty early were higher in striving for control and separation in interactions with their mothers, and displayed higher stress levels. These results pointed to less successful individuation in late adolescence/young adulthood compared to on-time and late maturing age mates.

Institutioneller Wandel als Hybridisierung

In March 2005, institutional investors forced Deutsche Börse AG to withdraw its takeover bid for the London Stock Exchange, followed some time later by the resignation of both the enterprise’s CEO and supervisory board. This event highlights in an exemplary manner the transformation of joint-stock companies in Germany from insider systems towards systems including both insiders and outsiders and the related transformation of their corporate governance. The conflict between Deutsche Börse AG’s principals and agents demonstrates, first of all, the hybridization of different governance systems. Contrary to assumptions speaking of ?path dependency“ or a convergence of the different varieties of capitalism in the direction of the US model of market-based capitalism, the conflict concerning Deutsche Börse AG underlines the typical example of a transformation displaying path dependencies and convergences at the same time. Secondly, it is demonstrated that the enterprises’ market opening will not necessarily involve stronger market control, but that this process instead evokes new options for corporate policy governance.     

Fair Trial Rights and the European Community's Fight Against Fraud

The article surveys action taken by the European Community to combat fraud affecting its financial interests, focusing on the development of investigative authority granted to OLAF, the European‘Office Pour La Lutte Anti Fraude’ and its impact on the procedural rights of the alleged defrauder. It shows that the involvement of OLAF can be crucial for a national fraud investigation and subsequent criminal prosecution and that it meets the criteria set out by the Strasbourg organs for the applicability of Article 6 ECH. The article explores whether the legal sources governing the activities of OLAF or national—or rather, Community—law guarantee sufficient protection for the alleged defrauder and thus pay respect to principles arising from the rule of law in law enforcement. It is shown that general principles of Community law, which were mostly established in antitrust law, may provide a certain protection for the suspect, but may not protect him in all regards. It is thus argued that, in the long run, it will be necessary to provide special fair‐trial rights which offer protection to alleged defrauders from those infringements arising out of the specific features of a Community investigation.     

Das neue Sachwalterrecht im Zusammenhang mit Fragen des Wohnrechts

Kann ein Vorsorgebevollm?chtigter einen Mietvertrag abschlie?en? Muss ein Hausverwalter bei einer Eigentümerversammlung die Stimme des Sachwalters berücksichtigen? Dürfen die n?chsten Angeh?rigen einen Mietvertrag für eine behinderte Person aufkündigen? Der folgende Beitrag behandelt Fragen des Miet- und Wohnungseigentumsrechts in Hinblick auf die aktuellen Neuerungen im Sachwalterrecht. Damit soll dem Praktiker, der mit Sachwaltern, Vorsorgebevollm?chtigten und n?chsten Angeh?rigen zu tun hat, ein überblick verschafft und ein Gespür dafür vermittelt werden, inwieweit diese Personen für den Behinderten t?tig werden k?nnen.     

Prevalence of Intimate Partner Violence Victimization and Victims’ Relational and Sexual Well-Being

Research shows that experiences with intimate partner violence (IPV) harm victims’ individual well-being. Surprisingly, little is known about how IPV might impact on victims’ well-being at the relationship level. Based on a population-based study in Flanders (the Northern part of Belgium), this study concentrates on how lifetime experience with IPV impacts on victims’ relational and sexual well-being with their current partner. Ten percent of the population was confronted with physical violence and 56.7 % with psychological violence. Higher levels of IPV victimization corresponded with an adverse mental, relational (relationship satisfaction, attachment), and sexual (sexual satisfaction, sexual dysfunction, sexual communication) well-being in both women and men but except for the latter correlates, the effects were more pronounced for women than for men.