The „substance of the rights” of the Union citizenship in the recent case law of the ECJ — potential and limits of the concept

Orzecznictwo TSUE kontynuujące linię orzeczniczą rozpoczętą wyrokiem w sprawie Ruiz Zambrano stało się przyczynkiem do dyskusji o rozszerzeniu zakresu prawa pobytu w UE dla krewnych obywateli Unii. Orzecznictwo to nasuwa jednak także pytania bardziej zasadniczej natury: Do jakiego stopnia obywatel Unii jest kimś więcej, aniżeli tylko uczestnikiem Wspólnego Rynku? Czy sama koncepcja obywatelstwa Unii może stanowić źródło, z którego da się wywieść niepisane prawa? Czy koncepcja ta stanowi rozszerzenie zakresu ochrony praw podstawowych, czy może także sprzeczne z traktatami rozszerzenie kompetencji UE? Oraz wreszcie, jakie wnioski da się na podstawie tego orzecznictwa wyciągnąć co do charakteru prawnego samej Unii? Niniejszy tekst stanowi próbę odpowiedzi na te pytania

Direct assessment of extracerebral signal contamination on optical measurements of cerebral blood flow, oxygenation, and metabolism

Significance: Near-infrared spectroscopy (NIRS) combined with diffuse correlation spectroscopy (DCS) provides a noninvasive approach for monitoring cerebral blood flow (CBF), oxygenation, and oxygen metabolism. However, these methods are vulnerable to signal contamination from the scalp. Our work evaluated methods of reducing the impact of this contamination using time-resolved (TR) NIRS and multidistance (MD) DCS. Aim: The magnitude of scalp contamination was evaluated by measuring the flow, oxygenation, and metabolic responses to a global hemodynamic challenge. Contamination was assessed by collecting data with and without impeding scalp blood flow. Approach: Experiments involved healthy participants. A pneumatic tourniquet was used to cause scalp ischemia, as confirmed by contrast-enhanced NIRS, and a computerized gas system to generate a hypercapnic challenge. Results: Comparing responses acquired with and without the tourniquet demonstrated that the TR-NIRS technique could reduce scalp contributions in hemodynamic signals up to 4 times (rSD ¼ 3 cm) and 6 times (rSD ¼ 4 cm). Similarly, blood flow responses from the scalp and brain could be separated by analyzing MD DCS data with a multilayer model. Using these techniques, there was no change in metabolism during hypercapnia, as expected, despite large increases in CBF and oxygenation. Conclusion: NIRS/DCS can accurately monitor CBF and metabolism with the appropriate enhancement to depth sensitivity, highlighting the potential of these techniques for neuromonitoring

Liberal constitutionalism - between individual and collective interests

Table of contents: Wojciech Włoch -The Democratic Paradox Revisited - how liberal constitutionalism supports democratic equality; Tomasz Milej - Liberal democracy’s rocky path – the cases of Kenya and Tanzania; Tímea Drinóczi, Agnieszka Bień-Kacała - Illiberal constitutionalism in Hungary and Poland: The case of judicialization of politics; Fabio Ratto Trabucco - The Hungarian Judicial System evolution between ‘Orbánism’ and European Governance; Zbigniew Witkowski, Maciej Serowaniec - The role of ‘controlled’ referendum in Polish democracy; Faith Kabata - Impact of UN Human Rights Monitoring Mechanisms in Kenya; Lóránt Csink, Réka Török - The collision of national security purpose secret information gathering and the right to privacy. The present and future of Hungarian regulation; István Sabjanics - The Legality of National Security; Václav Stehlík - Metamorphosis of Public Security Exception in the EU Internal Market and EU Citizens’ RightsCan a democracy work without liberalism? Or in other words, is the concept of governing and being governed in turns sustainable without respecting individual rights? Or is a democracy doomed to be hijacked by authoritarian rulers, if not backed by robust mechanisms of individual rights protection, by a rule of law and as system, in which – as James Madison wanted – an ambition is made to counteract ambition and the abuses of government are controlled? A standard answer of the so-called ‘Western’ constitutionalism is still a clear ‘no’. The present volume offers study material on countries and historical situations, in which this clear ‘no’ faces challenges. It traces trajectories of democracy’s development as it embraced and rejected liberal ideas. The contribution by Timea Drinoczi and Agnieszka Bien-Kacała does it with respect to Hungary and Poland, while the contribution by Tomasz Milej focuses on Kenya and Tanzania. But before embarking on the developments in particular countries, Wojciech Włoch takes the reader through the contemporary thought on the relationship between democracy and liberalism. He argues from the philosophical perspective that the liberal ideal of equal rights of individuals enables a democracy to thrive and prosper. Tomasz Milej takes up this point showing on the examples of Kenya and Tanzania how the attempts to base a democratic regime on illiberal pillars eventually lead to a collapse of the same. In this vein, Timea Drinoczi and Agnieszka Bien-Kacała make a strong case against theorising violations of constitutional stipulations and disenfranchisement of judiciaries as some new concepts of democracy or political constitutionalism as opposed to the legal one; one of the terms they prefer to describe the departure from the liberal democracy is abusive constitutionalism. Various examples for this type of regime from Hungarian practice are provided by Fabio Ratto Trabucco, who discusses the legal means employed by the Hungarian government to take over the judiciary by replacing judges with new ones under a new politicised appointment procedure. In so doing, the author also discusses the interaction of the Hungarian government with external actors, such as Venice Commission and various organs of the European Union. On such a dialogue focuses Faith Kabata documenting a poor record of Kenya in implementing of the UN monitoring bodies recommendations and even obstructionism by the state executive organs regarding civil and political rights. Her study shows that these rights were best implemented when individuals took their cases to the courts and that the biggest obstacle to the implementation was a lack of social and political internalisation of certain human rights provisions. Aren’t those internalisation deficits the same ones that derailed the liberal democracy – at least temporarily – in Hungary and Poland? One could look from this perspective at the failure of the direct democracy instruments to enhance people’s participation in public matters, as discussed by Zbigniew Witkowski and Maciej Serowaniec in the Polish context. Those more general accounts are supplemented by three case studies on a sensitive area of clash between the collective and individual interest. The contributions by Lóránt Csink and Réka Török, by István Sabjanics and by Václav Stehlík examine the relationship between the national security concerns and the individual freedoms. Quite interestingly, Stehlík’s research shows that the readjustment away from the individual movement rights towards the protection of national security concerns has also found its way into the case law of the Court of Justice if the European Union

Communicating with patients with disorders of consciousness by translating thoughts into light

we intend to show, for the first time, that fNIRS can be used to reliably communicate with disorders of consciousness patients. There are many practical challenges to resolve (which are common to both fNIRS and EEG) such as involuntary movements by the patient, variability in consciousness itself, physical distortion in the head (such as from trauma) and a person\u27s limited ability to perform repetitive mental tasks. We will focus on patients who have already demonstrated by fMRI that they can perform motor imagery activation and plan to study up to 20 such patients over the course of a year.https://ir.lib.uwo.ca/brainscanprojectsummaries/1026/thumbnail.jp

Assessing the sensitivity of multi-distance hsNIRS for measuring changes in oxCCO in the brain

A hybrid multi-distance hyperspectral near-infrared spectroscopy (hsNIRS) and diffuse correlation spectroscopy (DCS) optical system was used to test transient changes in cytochrome c oxidase (oxCCO) in the brain during carotid compressions (CC) and hypercapnia

Assessing the feasibility of time-resolved fNIRS to detect brain activity during motor imagery

Functional near-infrared spectroscopy (fNIRS) is a non-invasive optical technique for detecting brain activity, which has been previously used during motor and motor executive tasks. There is an increasing interest in using fNIRS as a brain computer interface (BCI) for patients who lack the physical, but not the mental, ability to respond to commands. The goal of this study is to assess the feasibility of time-resolved fNIRS to detect brain activity during motor imagery. Stability tests were conducted to ensure the temporal stability of the signal, and motor imagery data were acquired on healthy subjects. The NIRS probes were placed on the scalp over the premotor cortex (PMC) and supplementary motor area (SMA), as these areas are responsible for motion planning. To confirm the fNIRS results, subjects underwent functional magnetic resonance imaging (fMRI) while performing the same task. Seven subjects have participated to date, and significant activation in the SMA and/or the PMC during motor imagery was detected by both fMRI and fNIRS in 4 of the 7 subjects. No activation was detected by either technique in the remaining three participants, which was not unexpected due to the nature of the task. The agreement between the two imaging modalities highlights the potential of fNIRS as a BCI, which could be adapted for bedside studies of patients with disorders of consciousness

Incorporating early and late-arriving photons to improve the reconstruction of cerebral hemodynamic responses acquired by time-resolved near-infrared spectroscopy

Significance: Despite its advantages in terms of safety, low cost, and portability, functional near-infrared spectroscopy applications can be challenging due to substantial signal contamination from hemodynamics in the extracerebral layer (ECL). Time-resolved near-infrared spectroscopy (tr NIRS) can improve sensitivity to brain activity but contamination from the ECL remains an issue. This study demonstrates how brain signal isolation can be further improved by applying regression analysis to tr data acquired at a single source-detector distance. Aim: To investigate if regression analysis can be applied to single-channel trNIRS data to further isolate the brain and reduce signal contamination from the ECL. Approach: Appropriate regressors for trNIRS were selected based on simulations, and performance was evaluated by applying the regression technique to oxygenation responses recording during hypercapnia and functional activation. Results: Compared to current methods of enhancing depth sensitivity for trNIRS (i.e., higher statistical moments and late gates), incorporating regression analysis using a signal sensitive to the ECL significantly improved the extraction of cerebral oxygenation signals. In addition, this study demonstrated that regression could be applied to trNIRS data from a single detector using the early arriving photons to capture hemodynamic changes in the ECL. Conclusion: Applying regression analysis to trNIRS metrics with different depth sensitivities improves the characterization of cerebral oxygenation signals

Can time-resolved NIRS provide the sensitivity to detect brain activity during motor imagery consistently?

Previous functional magnetic resonance imaging (fMRI) studies have shown that a subgroup of patients diagnosed as being in a vegetative state are aware and able to communicate by performing a motor imagery task in response to commands. Due to the fMRI\u27s cost and accessibility, there is a need for exploring different imaging modalities that can be used at the bedside. A promising technique is functional near infrared spectroscopy (fNIRS) that has been successfully applied to measure brain oxygenation in humans. Due to the limited depth sensitivity of continuous-wave NIRS, time-resolved (TR) detection has been proposed as a way of enhancing the sensitivity to the brain, since late arriving photons have a higher probability of reaching the brain. The goal of this study was to assess the feasibility and sensitivity of TR fNIRS in detecting brain activity during motor imagery. Fifteen healthy subjects were recruited in this study, and the fNIRS results were validated using fMRI. The change in the statistical moments of the distribution of times of flight (number of photons, mean time of flight and variance) were calculated for each channel to determine the presence of brain activity. The results indicate up to an 86% agreement between fMRI and TR-fNIRS and the sensitivity ranging from 64 to 93% with the highest value determined for the mean time of flight. These promising results highlight the potential of TR-fNIRS as a portable brain computer interface for patients with disorder of consciousness

The Potential Role of fNIRS in Evaluating Levels of Consciousness

Over the last few decades, neuroimaging techniques have transformed our understanding of the brain and the effect of neurological conditions on brain function. More recently, light-based modalities such as functional near-infrared spectroscopy have gained popularity as tools to study brain function at the bedside. A recent application is to assess residual awareness in patients with disorders of consciousness, as some patients retain awareness albeit lacking all behavioural response to commands. Functional near-infrared spectroscopy can play a vital role in identifying these patients by assessing command-driven brain activity. The goal of this review is to summarise the studies reported on this topic, to discuss the technical and ethical challenges of working with patients with disorders of consciousness, and to outline promising future directions in this field

Assessing Time-Resolved fNIRS for Brain-Computer Interface Applications of Mental Communication

© 2020 Abdalmalak, Milej, Yip, Khan, Diop, Owen and St. Lawrence. Brain-computer interfaces (BCIs) are becoming increasingly popular as a tool to improve the quality of life of patients with disabilities. Recently, time-resolved functional near-infrared spectroscopy (TR-fNIRS) based BCIs are gaining traction because of their enhanced depth sensitivity leading to lower signal contamination from the extracerebral layers. This study presents the first account of TR-fNIRS based BCI for “mental communication” on healthy participants. Twenty-one (21) participants were recruited and were repeatedly asked a series of questions where they were instructed to imagine playing tennis for “yes” and to stay relaxed for “no.” The change in the mean time-of-flight of photons was used to calculate the change in concentrations of oxy- and deoxyhemoglobin since it provides a good compromise between depth sensitivity and signal-to-noise ratio. Features were extracted from the average oxyhemoglobin signals to classify them as “yes” or “no” responses. Linear-discriminant analysis (LDA) and support vector machine (SVM) classifiers were used to classify the responses using the leave-one-out cross-validation method. The overall accuracies achieved for all participants were 75% and 76%, using LDA and SVM, respectively. The results also reveal that there is no significant difference in accuracy between questions. In addition, physiological parameters [heart rate (HR) and mean arterial pressure (MAP)] were recorded on seven of the 21 participants during motor imagery (MI) and rest to investigate changes in these parameters between conditions. No significant difference in these parameters was found between conditions. These findings suggest that TR-fNIRS could be suitable as a BCI for patients with brain injuries