Limited Authorisations Between EU and Domestic Law:Comparative Remarks from Dutch Law

Where the number of authorizations available for grant is limited in advance to a maximum number, public authorities have to make a choice between qualified applicants through a selection procedure. EU law has played a major role in developing legal rules on the issuing of these limited authorizations, through, amongst other methods, the development of the obligation of transparency. However, the allocation regime under EU law, in particular as it arises from the internal market freedoms, has some inherent restrictions, only applying to economic activities and sometimes requiring cross-border interest in addition. Thus, in order to develop a general legal regime that applies to any process for the issuing of limited authorizations, the development of an allocation regime rooted in domestic law is necessary. This article discusses recent developments in Dutch case law, where a domestic allocation regime has been derived from the (national) principle of equal treatment. It endorses the adoption of this principle as the central basis for an allocation regime, rooted either in domestic or in EU law, since this principle does not only include the key issues inherent to an allocation context, but also allows for the development of allocation rules at the level of both individual decision-making and general rule-making

Methodology for Calculating the Response of Porous Media for Evaluating Grass Response to Overtopping Loads

Grass covers offer a level of erosion protection against hydrodynamic loads induced by overtopping waves. The development of an accurate failure criterion for grass covers has been hampered by the lack of understanding of how grass fails. Methods have been developed to predict the hydrodynamic loads that act on the levee surface and consequently are transmitted to the porous grass cover and subsoil. However, it is unknown how these hydrodynamic surface loads on the soil are distributed amongst the pore water pressures and effective stresses, thereby offering a significant challenge for engineers to simulate the transmission of stresses into the porous grass cover. The analysis of the response of porous media is limited to either a fully drained analysis or an undrained analysis, neither of which offer sufficient insights into the time-dependent nature of the erosion resistance of grass covers. Little is thereby known on how grass responds to hydrodynamic loads and when it will fail. Here we outline the development of a new 2D continuum based model for porous media, which only requires the total stresses and shear stresses at the levee surface to be determined by the user. Based on this information the model determines how the distribution of the surface stresses into pore water pressures and effective stresses changes with time. The model is thereby able to resolve any time dependent and spatially distributed surface load. The solution to the model is constructed using separation of variables, which has led to analytical solutions of the constitutive equations for porous media and is consequently fast to run. The new modelling method would allow users to rapidly evaluate the erosion resistance of grass based on measurements of the turf layer characteristics. The development of the model opens up the possibility to perform fully time dependent calculations on the behavior of porous media

A conduction-cooled, 680-mm-long warm bore, 3-T Nb3Sn solenoid for a Cerenkov free electron laser

A compact, cryocooler cooled Nb3Sn superconducting magnet system for a Cerenkov free electron laser has been designed, fabricated and tested. The magnet is positioned directly behind the electron gun of the laser system. The solenoidal field compresses and guides a tube-shaped 100 A, 500 kV electron beam. A two-stage GM cryocooler, equipped with a first generation ErNi5 regenerator, cools the epoxy impregnated solenoid down to the operating temperature of about 7.5 K. This leaves a conservative operational margin for the MJR type of Nb3Sn conductor of about 350% (I c) at 3T. Current leads with HTS sections between the first and second stage of the cryocooler effectively reduce the conductive heat leak. In the warm bore, 60 mm in diameter and 680 mm long, an operational magnetic field of 2 T has been achieved during laser operation without any quench. The field homogeneity is better than 99.5% over 450 mm axial length. Design details and test results of this magnet system are presented

Bottom-up versus top-down: Effective connectivity reflects individual differences in grapheme-color synesthesia

In grapheme-color synesthesia, letters elicit a color. Neural theories propose that synesthesia is due to changes in connectivity between sensory areas. However, no studies on functional connectivity in synesthesia have been published to date. Here, we applied psycho-physiological interactions (PPI) and dynamic causal modeling (DCM) in fMRI to assess connectivity patterns in synesthesia. We tested whether synesthesia is mediated by bottom-up, feedforward connections from grapheme areas directly to perceptual color area V4, or by top-down feedback connections from the parietal cortex to V4. We took individual differences between synesthetes into account: 'projector'synesthetes experience their synesthetic color in a spatial location, while 'associators'only have a strong association of the color with the grapheme. We included 19 grapheme-color synesthetes (14 projectors, 5 associators) and located group effects of synesthesia in left superior parietal lobule (SPL) and right color area V4. With PPI, taking SPL as a seed region, we found an increase in functional coupling with visual areas (also V4), for the synesthesia condition. With PPI, however, we can not determine the direction of this functional coupling. Based on the GLM results, we specified 2 DCMs to test whether a bottom-up or a top-down model would provide a better explanation for synesthetic experiences. Bayesian Model Selection showed that overall, neither model was much more likely than the other (exceedance probability of 0.589). However, when the models were divided according to projector or associator group, BMS showed that the bottom-up, feedforward model had an exceedance probability of 0.98 for the projectors: it was strongly preferred for this group. The top-down, feedback model was preferred for the associator group (exceedance probability = 0.96). To our knowledge, we are the first to report empirical evidence of changes in functional and effective connectivity in synesthesia. Whether bottom-up or top-down mechanisms underlie synesthetic experiences has been a long-time debate: that different connectivity patterns can explain differential experiences of synesthesia may greatly improve our insight in the neural mechanisms of the phenomenon

Ministru kabinets

Hof van Justitie van de Europese Unie2019/35The Legitimacy and Effectiveness of Law & Governance in a World of Multilevel Jurisdiction

Aan het vertrouwensbeginsel moet toepassing worden gegeven overeenkomstig de voorschriften van het recht van de Unie, hetgeen betekent dat het vertrouwensbeginsel niet tegen een duidelijke Unierechtelijke bepaling kan worden aangevoerd.

HvJ EU270Trias Europea: de verhoudingen tussen de overheidsmachten in de EU en de lidstaten in een bewegend constitutioneel landscha

Uitleg Unierechtelijk vertrouwensbeginsel. Betekenis nationale rechtszekerheidsbeginsel.

Een fout van de Oostenrijkse autoriteiten bij de uitvoering van een Unierechtelijke subsidieregeling wordt ontdekt en leidt tot de intrekking en terugvordering van een toegekende EU-subsidie aan een producentenorganisatie voor de aankoop van een spinazieverwerkingslijn. Uitleg Unierechtelijk vertrouwensbeginsel. Betekenis nationale rechtszekerheidsbeginsel. Hof van Justitie van de Europese Unie168The Legitimacy and Effectiveness of Law & Governance in a World of Multilevel Jurisdiction

Europese subsidies en staatssteun

Trias Europea: de verhoudingen tussen de overheidsmachten in de EU en de lidstaten in een bewegend constitutioneel landscha