STATES AS SUCCESSFUL LITIGANTS BEFORE THE EUROPEAN COURT OF JUSTICE: LESSONS FROM THE ‘REPEAT PLAYERS’ OF EUROPEAN LITIGATION

Despite the importance of the role of the European Court of Justice (ECJ) in European integration, its decision-making process is little studied. In particular, the interactions between the political and the legal arena deserve greater attention. Member States’ governments and the ECJ are usually presented as two separate and competing entities, whilst in fact there is a great deal of interaction between these two institutional actors. This article, based on extensive comparative empirical research, uses US sociolegal scholarship on litigation to analyse governments’ litigation in a way which contributes to current theoretical understandings of judicial decision-making, European integration and Europeanisation. It identifi es, describes, compares and analyses governments’ EU litigation strategies, in order to assess whether and how governments infl uence European legal developments through litigation. It also stresses the need for governments of the new Member States and candidate countries to understand the importance of adopting a strong and consistent EU litigation strategy, so as to play their part in the development of EU law

The Preamble(s) of the French Constitution: Content, Status, Uses and Amendment

This article analyses the way of the French Constitutional Council, starting with its famous Association decision in 1971, transformed a brief reference to historical declarations of rights in the thin Preamble of the current French constitution (adopted in 1958) into a wide-ranging judge-made catalogue of fundamental rights. This, combined with two important reforms of the procedure for submissions of statutes to the Constitutional Council for review (in 1974 and 2008), are gradually establishing the Constitutional Council as an important actor in the legislative process and a central body for the protection of human rights in France. The article also briefly explores the scope and limits of this protection. It then discusses recent proposals for amending the Preamble. It analyses the only amendment so far, namely the inclusion of a reference to the Charter for the Environment, which aimed at providing a constitutional basis for the protection of environment, as well as other controversial suggestions, such as those aiming at enabling positive discrimination measures towards minorities, the guarantee of media pluralism, the protection of privacy and personal data and the respect of human dignity. It concludes on the use and misuses of comparative law for constitutional reforms

Cellular and Behavioral Effects of Cranial Irradiation of the Subventricular Zone in Adult Mice

Background: In mammals, new neurons are added to the olfactory bulb (OB) throughout life. Most of these new neurons, granule and periglomerular cells originate from the subventricular zone (SVZ) lining the lateral ventricles and migrate via the rostral migratory stream toward the OB. Thousands of new neurons appear each day, but the function of this ongoing neurogenesis remains unclear. Methodology/Principal Findings: In this study, we irradiated adult mice to impair constitutive OB neurogenesis, and explored the functional impacts of this irradiation on the sense of smell. We found that focal irradiation of the SVZ greatly decreased the rate of production of new OB neurons, leaving other brain areas intact. This effect persisted for up to seven months after exposure to 15 Gray. Despite this robust impairment, the thresholds for detecting pure odorant molecules and short-term olfactory memory were not affected by irradiation. Similarly, the ability to distinguish between odorant molecules and the odorant-guided social behavior of irradiated mice were not affected by the decrease in the number of new neurons. Only long-term olfactory memory was found to be sensitive to SVZ irradiation. Conclusion/Significance: These findings suggest that the continuous production of adult-generated neurons is involved i

Albiglutide and cardiovascular outcomes in patients with type 2 diabetes and cardiovascular disease (Harmony Outcomes): a double-blind, randomised placebo-controlled trial

Background: Glucagon-like peptide 1 receptor agonists differ in chemical structure, duration of action, and in their effects on clinical outcomes. The cardiovascular effects of once-weekly albiglutide in type 2 diabetes are unknown. We aimed to determine the safety and efficacy of albiglutide in preventing cardiovascular death, myocardial infarction, or stroke. Methods: We did a double-blind, randomised, placebo-controlled trial in 610 sites across 28 countries. We randomly assigned patients aged 40 years and older with type 2 diabetes and cardiovascular disease (at a 1:1 ratio) to groups that either received a subcutaneous injection of albiglutide (30–50 mg, based on glycaemic response and tolerability) or of a matched volume of placebo once a week, in addition to their standard care. Investigators used an interactive voice or web response system to obtain treatment assignment, and patients and all study investigators were masked to their treatment allocation. We hypothesised that albiglutide would be non-inferior to placebo for the primary outcome of the first occurrence of cardiovascular death, myocardial infarction, or stroke, which was assessed in the intention-to-treat population. If non-inferiority was confirmed by an upper limit of the 95% CI for a hazard ratio of less than 1·30, closed testing for superiority was prespecified. This study is registered with ClinicalTrials.gov, number NCT02465515. Findings: Patients were screened between July 1, 2015, and Nov 24, 2016. 10 793 patients were screened and 9463 participants were enrolled and randomly assigned to groups: 4731 patients were assigned to receive albiglutide and 4732 patients to receive placebo. On Nov 8, 2017, it was determined that 611 primary endpoints and a median follow-up of at least 1·5 years had accrued, and participants returned for a final visit and discontinuation from study treatment; the last patient visit was on March 12, 2018. These 9463 patients, the intention-to-treat population, were evaluated for a median duration of 1·6 years and were assessed for the primary outcome. The primary composite outcome occurred in 338 (7%) of 4731 patients at an incidence rate of 4·6 events per 100 person-years in the albiglutide group and in 428 (9%) of 4732 patients at an incidence rate of 5·9 events per 100 person-years in the placebo group (hazard ratio 0·78, 95% CI 0·68–0·90), which indicated that albiglutide was superior to placebo (p<0·0001 for non-inferiority; p=0·0006 for superiority). The incidence of acute pancreatitis (ten patients in the albiglutide group and seven patients in the placebo group), pancreatic cancer (six patients in the albiglutide group and five patients in the placebo group), medullary thyroid carcinoma (zero patients in both groups), and other serious adverse events did not differ between the two groups. There were three (<1%) deaths in the placebo group that were assessed by investigators, who were masked to study drug assignment, to be treatment-related and two (<1%) deaths in the albiglutide group. Interpretation: In patients with type 2 diabetes and cardiovascular disease, albiglutide was superior to placebo with respect to major adverse cardiovascular events. Evidence-based glucagon-like peptide 1 receptor agonists should therefore be considered as part of a comprehensive strategy to reduce the risk of cardiovascular events in patients with type 2 diabetes. Funding: GlaxoSmithKline

The Court of Justice’s dilemma: Between ‘more Europe’ and ‘constitutional mediation'

The Court of Justice of the EU is commonly presented as a powerful supranational engine and the unfailing hero of a liberal and federal Europe. The Court is thus an unlikely supporter of ‘new intergovernmentalism’. This chapter, through a selective analysis of the Court’s case law, judicial opinions, academic commentaries, and official statements in the post-Maastricht period, makes three key points. First, the Court does not systematically pursue a particular idea of Europe, but displays a marked preference for ‘more Europe’, whatever it takes. Second, the Court, although it has expanded its judicial control over intergovernmental processes, is at the same time deferential towards the specificities of these mechanisms, except where serious interferences with fundamental rights are involved. Third, the Court is overall supportive of the creation and empowerment of de novo bodies, even where these display intergovernmental features, except where its own judicial authority is threatened.http://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780198703617.001.0001/acprof-9780198703617-chapter-1

The "new life" of the EU Charter of fundamental rights and the status of human rights in Europe

http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=1914&productid=10201

States as successful litigants before the European Court of Justice: lessons from the ‘Repeat-Players’ of European litigation

Despite the importance of the role of the European Court of Justice (ECJ) in European integration, its decision-making process is little studied. In particular, the interactions between the political and the legal arena deserve greater attention. Member States’ governments and the ECJ are usually presented as two separate and competing entities, whilst in fact there is a great deal of interaction between these two institutional actors. This article, based on extensive comparative empirical research, uses US sociolegal scholarship on litigation to analyse governments’ litigation in a way which contributes to current theoretical understandings of judicial decision-making, European integration and Europeanization. It identifies, describes, compares and analyses governments’ EU litigation strategies, in order to assess whether and how governments influence European legal developments through litigation. It also stresses the need for governments of the new Member States and candidate countries to understand the importance of adopting a strong and consistent EU litigation strategy, so as to play their part in the development of EU law.http://www.cyelp.com/index.php/cyelp/article/view/1

The Community judicial system at the dawn of the third millennium: a revolution or a simple face-lift?'

Reprint from Bracton Law Journa

The New EU Judiciary. An Analysis of Current Judicial Reforms

The New EU Judiciary is the first book that offers a timely and thorough assessment of recent and ongoing changes to the operation of the European Union (EU) Judiciary, and it reflects on the future shape of the EU judicial system. The Court of Justice of the European Union (CJEU) has started to implement what is arguably the most significant set of reforms since the Nice Treaty, with notably the doubling of the number of judges at the General Court and the disappearance of the Civil Service Tribunal. Controversies surrounding the process and outcomes of the reforms called for a broader reflection on the changing role of the European Courts and the way they cope with old and new challenges. To this end, this book brings together junior and seasoned academics and practitioners to take stock of the various aspects of the reforms of the EU Judiciary and its overall functioning, from ‘comparative’, ‘insider’, and ‘outsider’ perspectives