Enforcement Actions under EU Law: The New Member States. EIPA Working Papers 2007

Through the infringement procedure, provided for by Article 226 of the Treaty establishing the European Community (TEC), the Commission can stimulate Member States to comply effectively with their obligations under Community law. In cases of non-compliance, the Commission may bring Member States before the Court of Justice of the EC (ECJ). Indeed, the Commission may use this possibility because it is the "guardian of the Treaty" and has to ensure the proper application of Community law, in line with Article 211 TEC. The White Paper on European Governance published by the Commission in 2001 emphasises that the primary responsibility for applying Community law lies with national administrations and courts in the Member States. Therefore, the primary objective of enforcement actions against Member States is to monitor their compliance and to respond to cases of non-compliance. However, through adequate exercise of its discretion and improved cooperation with Member States, the Commission aims to encourage them to comply voluntarily with Community law as quickly as possible. Furthermore, under the current Commission's strategic objectives for the period 2005-2009, prompt and adequate transposition and vigorous pursuit of infringements are considered critical to the credibility of European legislation and the effectiveness of policies. The infringement procedure is of crucial importance to the new Member States and of high relevance to the candidate countries that have applied for accession to the EU. On the one hand, they have to adopt the whole acquis upon accession with only few transitional periods granted in a limited number of areas. New Member States have already submitted a large number of transposition notifications to the Commission. On the other hand and despite their huge efforts, new Member States experience considerable difficulties in implementing directives and other EC legislative instruments. The process of implementation is a challenging stumbling block for all new Member States. This paper will focus on the recent and main trends in the application of enforcement actions against new Member States, not only taking an empirical angle (infringements by Member States and by sectors) but also involving analytical reasoning. This analysis serves to present the fundamentals and relevance of the infringement procedure in the framework of the enlarged European Union (the object of the first part of this paper) where administrations of the new Member States will have to adopt this new way of thinking and of implementing know-how (addressed in the second part) while acquiring a better understanding of the principal characteristics of the EC/EU's legal system (direct effect, supremacy, indirect effect, state liability) and of the EC's general principles of law. Therefore, the second part of the paper will also focus on justifications deemed acceptable by the ECJ and others that are considered inadmissible. New Member States have to adjust to the requirements of the acquis (possibilities of opting out are not included in the Accession Treaties) and this obligation applies to all independent state institutions (including the judiciary where reforms represent a prerequisite for accession by some candidate countries). Efficient further implementation of the acquis and adequate understanding of the infringement procedure will facilitate new Member States' (and candidate countries') integration in the EU and, eventually, make their accession a success

Stellar Photometry of the Globular Cluster NGC 6229. I. Data Reduction and Morphology of the Brighter Part of the CMD

BV CCD photometry of the central (1.5 arcmin x 2.0 arcmin) part of the mildly concentrated outer-halo globular cluster NGC 6229 is presented. The data reduction in such a crowded field was based on a wavelet transform analysis. Our larger dataset extends the previous results by Carney et al. (1991, AJ, 101, 1699) for the outer and less crowded fields of the cluster, and confirms that NGC 6229 has a peculiar color-magnitude diagram for its position in the Galaxy. In particular, NGC 6229's horizontal branch (HB) presents several interesting features, among which stand out: a well populated and very extended blue tail; a rather blue overall morphology, with (B-R)/(B+V+R) = 0.24+/-0.02; a bimodal color distribution, resembling those found for NGC 1851 and NGC 2808; and gaps on the blue HB. NGC 6229 is the first bimodal-HB cluster to be identified in the Galactic outer halo. A low value of the R parameter is confirmed, suggestive of a low helium abundance or of the presence of a quite substantial population of extreme HB stars fainter than our photometric limit (~ 2.5 mag below the RR Lyrae level in V). Twelve new possible variable stars were found in the central part of the cluster. The morphology of the red giant branch (RGB) also seems to be peculiar. In particular, the RGB luminosity function ``bump'' is not a prominent feature and has only been tentatively identified, on the basis of a comparison with a previously reported detection for M3 (NGC 5272). Finally, we compare the properties of NGC 6229 with those for other outer-halo globular clusters, and call attention to what appears to be a bimodal HB distribution for the outer-halo cluster population, where objects with very red or very blue HB types are much more frequently found than clusters with intermediate HB types.Comment: 31 pages, LaTeX, uses AASTeX v4.0, 11 postscript figures and 7 postscript tables pasted into text. To appear in The Astronomical Journal (Feb. 1997 issue

Connection between orbital modulation of H-alpha and gamma-rays in the Be/X-ray binary LSI+61303

We studied the average orbital modulation of various parameters (gamma-ray flux, H-alpha emission line, optical V band brightness) of the radio- and gamma-ray emitting Be/X-ray binary LSI+61303. Using the Spearman rank correlation test, we found highly significant correlations between the orbital variability of the equivalent width of the blue hump of the H-alpha and Fermi-LAT flux with a Spearman p-value 2e-5, and the equivalent widths ratio EW_B/EW_R and Fermi-LAT flux with p-value 9e-5. We also found a significant anti-correlation between Fermi-LAT flux and V band magnitude with p-value 7.10^{-4}. All these correlations refer to the average orbital variability, and we conclude that the H-alpha and gamma-ray emission processes in LSI+61303 are connected. The possible physical scenario is briefly discussed.Comment: accepted as a Letter in Astronomy and Astrophysic

Properties of massive stars in four clusters of the VVV survey

The evolution of massive stars is only partly understood. Observational constraints can be obtained from the study of massive stars located in young massive clusters. The ESO Public Survey VISTA Variables in the Via Lactea (VVV) discovered several new clusters hosting massive stars. We present an analysis of massive stars in four of these new clusters. Our aim is to provide constraints on stellar evolution and to better understand the relation between different types of massive stars. We use the radiative transfer code CMFGEN to analyse K-band spectra of twelve stars with spectral types ranging from O and B to WN and WC. We derive the stellar parameters of all targets as well as surface abundances for a subset of them. In the Hertzsprung-Russell diagram, the Wolf-Rayet stars are more luminous or hotter than the O stars. From the log(C/N) - log(C/He) diagram, we show quantitatively that WN stars are more chemically evolved than O stars, WC stars being more evolved than WN stars. Mass loss rates among Wolf-Rayet stars are a factor of 10 larger than for O stars, in agreement with previous findings.Comment: paper accepted in New Astronom

Obscured clusters. II. GLIMPSE-C02 - A new metal rich globular cluster in the Milky Way

The estimated total number of Milky Way globulars is 160+-20. The question of whether there are any more undiscovered globular clusters in the Milky Way is particularly relevant with advances in near and mid-IR instrumentation. This investigation is a part of a long-term project to search the inner Milky Way for hidden star clusters and to study them in detail. GLIMPSE-C02 (G02) is one of these objects, situated near the Galactic plane (l=14.129deg, b=-0.644deg). Our analysis is based on SOFI/NTT JHKs imaging and low resolution (R~1400) spectroscopy of three bright cluster red giants in the K atmospheric window. We derived the metal abundance by analysis of these spectra and from the slope of the RGB. The cluster is deeply embedded in dust and undergoes a mean reddening of Av~24.8+-3 mag. The distance to the object is D=4.6+-0.7kpc. The metal abundance of G02 is [Fe/H](H96)=-0.33+-0.14 and [Fe/H](CG)=-0.16+-0.12 using different scales. The best fit to the radial surface brightness profile with a single-mass King's model yields a core radius rc=0.70 arcmin (0.9pc), tidal radius rt=15 arcmin (20pc), and central oncentration c=1.33. We demonstrate that G02 is new Milky Way globular cluster, among the most metal rich globular clusters in the Galaxy. The object is physically located at the inner edge of the thin disk and the transition region with the bulge, and also falls in the zone of the "missing" globulars toward the central region of the Milky Way.Comment: 5 pages, 6 figures, accepted for publication in Astronomy and Astrophysic

The contextual database of the generations and gender program in Bulgaria: conceptual framework and an overview of the Bulgarian context concerning the central database topics

This paper outlines the concept and content of the Contextual Database of the international Generations and Gender Program and gives an overview of the context of demographic behavior in Bulgaria. The Contextual Database provides an instrument that together with the Generations and Gender Survey allows studying how differences in context shape demographic processes. The database offers the opportunity to analyze in a comparative way the interaction between the micro and macro dimension. Bulgaria is among the first countries fielding the Generations and Gender Survey and that is engaged in contextual data collection within this comparative framework. While both micro- and contextual data for Bulgaria will become available in the course of the year 2005, we present in this paper a text contribution that provides an overview of the Bulgarian context and introduces the list of variables that make up the database.Bulgaria, data collection