Judicial Exceptions to the Free Provision of Services

Abstract: Recent case-law of the Court of Justice on general interest exceptions to the free provision of services has indicated a flexible approach to general interest exceptions involving moral or ethical issues. In contrast, where the general interest exception is relied on in a case which demonstrates predominantly economic issues, it is subject to strict scrutiny, in particular, with reference to the principle of proportionality. The article analyses the Court's case-law and tries to deduce the criteria which now govern the Court's position. It also highlights difficulties which this two-tier approach may excite. The position of the Court of Justice reflects the lack of homogeneous European ethical and moral standards, but it also underlines the predominantly economic character of European integration to date. It is submitted, nevertheless, that divorcing the economic criteria for integration from general ethical considerations will prove an extremely difficult, if not fruitless, task.     

Insanity plea

Examining 484 consecutive criminal cases in which the NGRI plea was made, it was found: (1) a high degree of interexaminer agreement existed on the issue of the defendant's mental state in a nonadversary examination procedure; and, (2) court verdicts were highly congruent with the opinions expressed by examiners on the issue of insanity.     

Destruction of intracerebrally applied red blood cells in cervical lymph nodes. Experimental investigations

In rabbits, intracerebrally applied erythrocytes can move with the cerebrospinal fluid along connecting pathways between the subarachnoid space and the cervical lymph nodes. This study compares the time dependency for the degradation of intracerebrally injected erythrocytes in the brain as well as in the cervical lymph nodes. Rabbits were killed at various predetermined intervals after the intracerebral erythrocyte injection. Microscopic and histologic examination of the brain and the cervical lymph nodes revealed the following findings: (1) Erythrophages first appeared in the brain 24 h after the injection; siderophages, 4 days after the injection. Siderophages were still demonstrable at the conclusion of the study, i.e. 240 days after the injection. (2) In the cervical lymph nodes erythrophages were first observed 1 h after the injection; siderophages, 9 h after the injection. Only isolated erythrophages and siderophages were found in the lymph nodes 12 days after intracerebral injection of red blood cells. Later on no erythrocytes or siderophages were observed in the lymph nodes. The findings indicate that non-phagocytized red blood cells arriving at the lymph nodes were ingested by local macrophages. The extremely rapid ingestion and digestion of the red blood cells by lymph node macrophages as well as the possible reasons were discussed.     

Family violence as a determinant factor in juvenile maladjustment.

The family is one of the major socialization agencies for children. Parents are one of the most important models from whom the child and adolescent acquire a wide variety of behavior patterns, attitudes, values, and norms. The aim of this study was to determine the importance of factors related to family conflicts in the genesis of social maladjustment. A total of 189 young people (110 boys and 79 girls) from training schools connected with the juvenile court in Murcia (Spain) were studied. The subjects' ages ranged from 11 to 18 years (mean 13.51, SD 0.16). Our sample comprised a group of minors who experienced a high incidence of intrafamilial pathology, which was found to be a significant discriminant factor. Aggressive behavior, rules, norms, values, opinions, and attitudes toward aggressivity can be learned in the family setting.     

Need-efficiency trade-offs in the allocation of resources: Ideological and attributional differences in public aid decision making

We examined whether ideological differences influenced perceptions of the underlying causes of public aid applicants’ predicaments, and whether in turn ideology-patterned attributions accounted for how resource allocators prioritized need- and efficiency-related goals in allocating aid. To examine the need-efficiency trade-off, participants (N=112) divided a hypothetical pool of aid applicants for subsidized health insurance into two “incorrect” allocation outcomes: false alarms (allocate aid to unneedy applicants) and misses (deny aid to needy applicants). Moreover, to examine beliefs about the absolute percentage of aid applicants who are truly in need of societal assistance, participants divided the remaining aid applicants into two “correct” allocation outcomes: hits (allocate aid to needy applicants) and correct rejections (deny aid to unneedy applicants). Results of a series of structural equation models indicated that conservatism was linked to the causal belief that aid applicants’ predicaments arise from dispositional rather than situational factors, which in turn predicted a preference for making efficiency-related over need-related resource allocation judgments (e.g., preferring misses to false alarms) and the belief that a relatively small number of aid applicants are truly in need of societal assistance (e.g., preferring correct rejections to hits). Results are discussed in terms of how ideologically driven attributions influence the manner in which people resolve need-efficiency trade-offs inherent in the context of public aid decision making.