The recent jurisprudence of the CJEU on personal data retention: implications for criminal investigation in Portugal

It can be concluded from the Tele2 judgment of 2016 that i) the declaration of invalidity of the provisions contained in a directive inevitably affects the legal act of transposition into the legal order of the Member States, and ii) a Member State cannot resort to the Directive 2002/58 to impose a generalised and undifferentiated obligation to conserve traffic and location data following the declaration of invalidity of Directive 2006/24. It is, therefore, urgent to draw conclusions from this recent ruling by the CJEU, which is all the more relevant because, in Member States where the transposed legislation continued to apply following the declaration of invalidity of Directive 2006/24 – as was the case in Portugal – many criminal convictions were based on the access to potentially illegitimate data. The authors seek to demonstrate what is happening in Portugal in this area and call for compliance with the jurisprudence of the CJEU – not only because the effectiveness of the European Union law is at stake, but also (and above all), the legal equality between European citizens

Implicações da declaração de invalidade da Diretiva 2006/24 na conservação de dados (“metadados”) nos Estados - Membros da UE: uma leitura jusfundamental

Propósito: O texto se ocupa da recente jurisprudência do Tribunal de Justiça da União Europeia (TJUE) sobre a conservação de dados (“metadados”) por fornecedores de serviços de comunicações eletrónicas para efeitos de investigação, deteção e repressão de infrações graves. Os autores procuram deslindar as implicações, para as autoridades dos Estados-Membros da União Europeia (UE), da declaração de invalidade da diretiva que regulava a matéria, por forma a afastar uma diferenciação ilegítima de tratamento entre os cidadãos europeus. Metodologia: O texto foi elaborado enquanto se aguardava a resposta do TJUE relativamente às questões prejudiciais formuladas por dois tribunais nacionais (um sueco e outro britânico) quanto aos efeitos da declaração de invalidade da Diretiva 2006/24 na legislação interna que a transpôs. Assim, os autores procuraram antecipar a decisão do TJUE a partir da análise da sua jurisprudência assente, bem como da reação das autoridades dos Estados-Membros na sequência da declaração de invalidade da referida diretiva. Resultados: Os autores julgam ter traçado, à luz das particularidades da proteção dos direitos fundamentais na UE e do modelo jurídico da integração, linhas orientadoras quanto ao procedimento a adotar em casos futuros, por forma a salvaguardar a efetividade do direito da União assim como a igualdade jurídica dos cidadãos europeus.Purpose – The text deals with the recent case law of the European Court of Justice (ECJ) on the directive on the retention of data (metadata) by providers of electronic communications services for the purposes of investigation, detection and prosecution of serious crimes. The authors seek to clarify the implications of the declaration of invalidity of this European directive for the EU Member States, towards the protection of legal equality of European citizens. Methodology/approach/design – The text was drafted while there was a pending ECJ’s response to the questions referred by two national courts (one Swedish and one British) on the effects of that invalidity decision on the domestic legislation that transposed it. Thus, the authors sought to anticipate the Court's decision in the light of its settled case law and the reaction of the Member States’ authorities’ after the declaration of invalidity of the referred directive. Findings – In the light of the particularities of the protection of fundamental rights in the EU and the legal model of integration, the authors draw some guidelines as to the procedure to be followed in future cases in order to safeguard the effectiveness of the Union law, namely when it comes to the legal equality of European citizens.(undefined

The recent jurisprudence of the CJEU on personal data retention: implications for criminal investigation in Portugal

It can be concluded from the Tele2 judgment of 2016 that i) the declaration of invalidity of the provisions contained in a directive inevitably affects the legal act of transposition into the legal order of the Member States, and ii) a Member State cannot resort to the Directive 2002/58 to impose a generalised and undifferentiated obligation to conserve traffic and location data following the declaration of invalidity of Directive 2006/24. It is, therefore, urgent to draw conclusions from this recent ruling by the CJEU, which is all the more relevant because, in Member States where the transposed legislation continued to apply following the declaration of invalidity of Directive 2006/24 – as was the case in Portugal – many criminal convictions were based on the access to potentially illegitimate data. The authors seek to demonstrate what is happening in Portugal in this area and call for compliance with the jurisprudence of the CJEU – not only because the effectiveness of the European Union law is at stake, but also (and above all), the legal equality between European citizensinfo:eu-repo/semantics/publishedVersio

Kindergarten teachers’ knowledge in and for interpreting students’ productions on measurement

International audienc

Interpretative Knowledge of Prospective Kindergarten and Primary Teachers in the Context of Subtraction

Background: Teaching and learning with understanding leads to the adoption of “what” and “how” each individual knows as starting points, requiring from teachers a specialised knowledge, called Interpretative Knowledge (IK), which supports constructive feedback and pedagogical actions aimed at developing the students’ mathematical knowledge and skills. Objectives: This paper aims to trace and discuss the problematic areas of the IK presented by prospective kindergarten and primary teachers’ (PTs) when attributing meaning to students’ productions within the scope of subtraction. Design: The focus is on the IK revealed by PTs when analysing and giving meaning to students’ written productions on a task involving subtraction between natural numbers. Setting and participants: Twenty-six PTs attending the only course focusing on teaching and learning mathematics they have in their curriculum participated in the research. Data collection and analysis: The data collected and analysed, from the qualitative and interpretative perspective of content, come from the written productions of the PTs on a task for teacher education, together with the audio and video recordings of the group discussions. Results: The results show a “linear” interpretation of the students’ productions, associated with a single way of understanding subtraction, limiting the PTs’ development of constructive feedback and pedagogical interventions, so their practice is not based simply on “teaching how to do.” Conclusions: The limited interpretation and, consequently, the limited development of constructive feedback stood out, showing the need for teacher education to focus on tasks specifically conceptualised for developing the specificities of (prospective) teachers’ knowledge that would enable them to give meaning to students’ production and assume the associated mathematical reasoning as a starting point for practice

The UV/H2O2 - photodegradation of poly(ethyleneglycol) and model compounds

The general mechanism for the photodegradation of polyethyleneglycol (PEG) by H2O2/UV was determined studying the photooxidation of small model molecules, like low molecular weight ethyleneglycols (tetra-, tri-, di-, and ethyleneglycol). After 30 min of irradiation the average molar mass (Mw) of the degradated PEG, analysed by GPC, fall to half of its initial value, with a concomitant increase in polydispersitivity and number of average chain scission (S), characterizing a random chain scission process yielding oligomers and smaller size ethyleneglycols. HPLC analysis of the photodegradation of the model ethyleneglycols proved that the oxidation mechanism involved consecutive reactions, where the larger ethyleneglycols gave rise, successively, to smaller ones. The photodegradation of ethyleneglycol lead to the formation of low molecular weight carboxylic acids, like glycolic, oxalic and formic acids.O mecanismo geral para a fotodegradação do polietilenoglicol (PEG) usando o sistema H2O2/UV foi determinado por GPC e HPLC, analisando o comportamento de moléculas modelo, como por exemplo os etilenoglicóis de baixa massa molar (tetra-, tri-, di-, e etilenoglicol). Após 30 min de irradiação, a massa molar ponderal média (Mw) do PEG degradado, analisada por GPC, cai para metade do seu valor inicial com um aumento concomitante na polidispersidade e número médio de quebra de cadeia (S). Essa queda acentuada caracteriza uma quebra de cadeia aleatória, formando oligômeros e etilenoglicóis de menor massa molar. A análise da fotodegradação de etilenoglicóis modelo por HPLC permitiu sugerir um mecanismo que envolve processos consecutivos, em que etilenoglicóis maiores originam menores, sucessivamente. A fotodegradação do etilenoglicol formou ácidos carboxílicos de baixa massa molar, como por exemplo os ácidos glicólico, oxálico e fórmico.FAPESPCNP

The Directive 2006/24 declaration of invalidity and the consequences of metadata retention in the EU Member States: A Fundamental Rights Standards Approach

Purpose – The text deals with the recent case law of the European Court of Justice (ECJ) on the directive on the retention of data (metadata) by providers of electronic communications services for the purposes of investigation, detection and prosecution of serious crimes. The authors seek to clarify the implications of the declaration of invalidity of this European directive for the EU Member States, towards the protection of legal equality of European citizens. Methodology/approach/design – The text was drafted while there was a pending ECJ’s response to the questions referred by two national courts (one Swedish and one British) on the effects of that invalidity decision on the domestic legislation that transposed it. Thus, the authors sought to anticipate the Court's decision in the light of its settled case law and the reaction of the Member States’ authorities’ after the declaration of invalidity of the referred directive. Findings – In the light of the particularities of the protection of fundamental rights in the EU and the legal model of integration, the authors draw some guidelines as to the procedure to be followed in future cases in order to safeguard the effectiveness of the Union law, namely when it comes to the legal equality of European citizens

Conservação de dados pessoais no setor das comunicações eletrónicas e modalidades de acesso para efeitos de investigação criminal (a propósito do acórdão Ministerio Fiscal do TJUE)

info:eu-repo/semantics/publishedVersio

Multiple AGN in the crowded field of the compact group SDSSJ0959+1259

We present a multi-wavelength study of a newly discovered compact group (CG), SDSS J0959+1259, based data from XMM-Newton, SDSS and the Calar Alto optical imager BUSCA. With a maximum velocity offset of 500 km s$^{-1}$, a mean redshift of 0.035, and a mean spatial extension of 480 kpc, this CG is exceptional in having the highest concentration of nuclear activity in the local Universe, established with a sensitivity limit L$_{X}>4\times$10$^{40}$ erg s$^{-1}$ in 2--10 keV band and R-band magnitude $M_R < -19$. The group is composed of two type-2 Seyferts, one type-1 Seyfert, two LINERs and three star forming galaxies. Given the high X-ray luminosity of LINERs which reaches $\sim 10^{41}$ erg s$^{-1}$, it is likely that they are also accretion driven, bringing the number of active nuclei in this group to to 5 out of 8 (AGN fraction of 60\%). The distorted shape of one member of the CG suggests that strong interactions are taking place among its galaxies through tidal forces. Therefore, this system represents a case study for physical mechanisms that trigger nuclear activity and star formation in CGs.Comment: 8 pages, 4 figures and 4 tables. Accepted for publication in MNRA

Archaeometric analysis for provenance and content of Roman amphorae from the site of Sa Mesquida (Mallorca, Spain)

This paper presents the results of an inorganic and organic approach to Roman amphorae found at the rural Roman site of Sa Mesquida (Mallorca). A set of amphorae were discovered in some rooms of the earlier phases of the villa. These amphorae were assigned to a general Tarraconensian and Italic provenance on a macroscopic level. In order to verify this and to accurately determine the provenance an archaeometric characterization was carried out on twelve amphorae. The analytical approach combined wavelength dispersive X-ray fluorescence (WD-XRF) for the chemical analysis, as well as powder x-ray diffraction (XRD) and optical microscopy by thin-section analysis (OM) for the mineralogical and petrographic characterization. In addition, organic residue analysis by gas-chromatography mass spectrometry (GC-MS) was applied to investigate the content of some of the amphorae for which wine was suggested on an archaeological basis. The results have allowed for a better provenance determination identifying some amphorae from specific workshops or micro-regions within ancient Tarraconensis, as well as a better definition of the Italic materials. The organic analysis has confirmed the presence of wine in the analysed samples