European Corporate Laws, Regulatory Competition and Path Dependence

Beyond the well-known discussion in regard to the Cassis de Dijon of the European Court of Justice, implying the mutual recognition of national product regulations, the topic of mutual recognition and regulatory competition has emerged again in the realm of European corporate laws (“Centros” of the ECJ in 1999). Can effective competition among European corporate laws be expected? In the US a broad discussion has developed whether the existing competition process among US corporate laws leads to permanent legal improvements by legal innovations or to a race to the bottom. Beyond this discussion a new point has been raised recently: the possibility and importance of path dependence as a potential problem for the efficacy of competition among corporate laws (lock-ins). For the analysis of this problem we apply the concept of technological paradigms and trajectories to legal rules in corporate law and introduce “legal paradigms,” which direct the search for better legal solutions in certain directions and might be stabilized by certain factors (esp. complementarities to other legal rules) leading to considerable path dependence effects. Our results show that path dependence might play a crucial role for competition among European corporate laws, even if the principle of mutual recognition would be introduced to corporate laws in the EU, implying that competition among European corporate laws might be difficult and sluggish. Consequently the question arises whether additional meta-rules should be established that might mitigate the problem of path dependence and lock-ins in regulatory competition in corporate law.     

How Well Are Authorities Suited to Prevent Damage to the Environment?

Environment protection in Austria is still carried out mainly by public authorities. This article focuses on preventive measures. It takes up the approval of new or rebuilt plants according to the Trade Act as an illustration for a considerable number of similar procedures. Although there is an ongoing discussion of the advantages and disadvantages of those procedures, no attempt has been made yet to examine their contents from a strictly economic perspective. Therefore, the article extracts the economic consequences from the wording of the law and examines whether they can give rise to efficient environment protection, taking into consideration the goals and constraints of all the participants in the negotiations. It is found that in principle the procedure allows for efficient solutions, despite the disadvantages, which are frequently observed in the course of its application. Moreover, it is argued that some features of the procedure, such as the selection of an appropriate techn ology on behalf of an applicant as well as negotiations with the potential pollutees have not yet been interpreted correctly. An assessment against more market-orientated measures, which are favored nowadays, ought to take into consideration that they generally cannot be implemented without support from the government.     

The medical model versus the just deserts model

This paper traces the history of two models that have been influential in shaping modern views toward criminals. One of these two--the medical model--is based on the concept of rehabilitation, that is, treatment predicated on the attributes of the offender. The second of these two--the just deserts model--centers on retribution, that is, punishment deserved for the seriousness of the crime. Each model has been dominant in various periods of history.     

Introduction to the forum ‘The EU's Common Security and Defence Policy and the challenge of democratic legitimacy beyond the nation-state’

The democratic control and legitimacy of the Common Security and Defence Policy (CSDP) has received growing attention. However, thus far, studies have mostly focused on ‘blue prints’, i.e., the analysis of formal powers of formal institutions, especially the European Parliament. These studies leave two desiderata that the contributions to this forum aim at overcoming: Firstly, in-depth case studies are required on how formal institutions make actual use of their formal powers in CSDP. Secondly, an examination of the ‘sociocultural infrastructure’ in which formal institutions and decision-making processes are embedded is required. The contributions to this forum redress both deficits. First, the actual practices of parliamentary involvement in the case of the EU's first maritime mission ‘Atalanta’ are examined. Second, the most important dimensions of the ‘sociocultural infrastructure’ are empirically studied, namely public opinion, the public sphere and civil society.     

How parties compete for votes: A test of saliency theory

Saliency theory is among the most influential accounts of party competition, not least in providing the theoretical framework for the Comparative Manifesto Project – one of the most widely used data collections in comparative politics. Despite its prominence, not all empirical implications of the saliency theory of party competition have yet been systematically tested. This article addresses five predictions of saliency theory, the central claim of which is that parties compete by selective issue emphasis rather than by direct confrontation. Since a fair test of the theory's assumptions needs to rely on data that measures party issue saliency and party positions independently, this article draws on new manifesto data from the Austrian National Election Study (AUTNES). Analysing all manifestos issued for the 2002, 2006 and 2008 general elections, it shows that saliency theory correctly identifies some features of party competition. For instance, parties disproportionally emphasise issues they ‘own’. Yet, the core assumption of saliency theory that parties compete via selective issue emphasis rather than direct confrontation over the same issues fails to materialise in the majority of cases.     

Paternity Testing Commission of the International Society of Forensic Genetics: recommendations on genetic investigations in paternity cases

The International Society for Forensic Genetics (ISFG) has established a Paternity Testing Commission (PTC) with the purpose of formulating international recommendations concerning genetic investigations in paternity testing. The PTC recommends that paternity testing be performed in accordance with the ISO 17025 standards. The ISO 17025 standards are general standards for testing laboratories and the PTC offers explanations and recommendations concerning selected areas of special importance to paternity testing.     

Ethyl sulphate and ethyl glucuronide in vitreous humor as postmortem evidence marker for ethanol consumption prior to death

To clarify the circumstances of death, the degree of inebriation is of importance in many cases, but for several reasons the determination of the ethanol concentration in post-mortem samples can be challenging and the synopsis of ethanol and the direct consumption markers ethyl glucuronide (EtG) and ethyl sulphate (EtS) has proved to be useful. The use of a rather stable matrix like vitreous humor offers further advantages. The aim of this study was to determine the concentrations of ethanol and the biomarkers in the robust matrix of vitreous humor and to compare them with the respective levels in peripheral venous blood and urine. Samples of urine, blood from the femoral vein and vitreous humor were taken from 26 deceased with suspected ethanol consumption prior to death and analyzed for ethanol, EtS and EtG. In the urine samples creatinine was also determined. The personal data, the circumstances of death, the post-mortem interval and the information about ethanol consumption prior to death were recorded. EtG and EtS analysis in urine was performed by LC-ESI-MS/MS, creatinine concentration was determined using the Jaffé reaction and ethanol was detected by HS-GC-FID and by an ADH-based method. In general, the highest concentrations of the analytes were found in urine and showed statistical significance. The mean concentrations of EtG were 62.8mg/L (EtG100 206.5mg/L) in urine, 4.3mg/L in blood and 2.1mg/L in vitreous humor. EtS was found in the following mean concentrations: 54.6mg/L in urine (EtS100 123.1mg/L), 1.8mg/L in blood and 0.9mg/L in vitreous humor. Ethanol was detected in more vitreous humor samples (mean concentration 2.0g/kg) than in blood and urine (mean concentration 1.6g/kg and 2.1g/kg respectively). There was no correlation between the ethanol and the marker concentrations and no statistical conclusions could be drawn between the markers and matrices.     

Validation of powder X-ray diffraction following EN ISO/IEC 17025

Powder X-ray diffraction (PXRD) is used widely in forensic science laboratories with the main focus of qualitative phase identification. Little is found in literature referring to the topic of validation of PXRD in the field of forensic sciences. According to EN ISO/IEC 17025, the method has to be tested for several parameters. Trueness, specificity, and selectivity of PXRD were tested using certified reference materials or a combination thereof. All three tested parameters showed the secure performance of the method. Sample preparation errors were simulated to evaluate the robustness of the method. These errors were either easily detected by the operator or nonsignificant for phase identification. In case of the detection limit, a statistical evaluation of the signal-to-noise ratio showed that a peak criterion of three sigma is inadequate and recommendations for a more realistic peak criterion are given. Finally, the results of an international proficiency test showed the secure performance of PXRD.