Decisions In France Research Articles

Navigating criminal justice cooperation: A French perspective on EU framework decisions

This article provides a nuanced exploration of the implications of EU criminal justice cooperation, particularly within French probation and judicial services. Focusing on EU Framework Decisions 2008/947/JAI and 2009/829/JAI, the article delves into their impact and adaptation in France, offering insights into challenges, adaptations, and practical considerations from the French standpoint. The article contextualises the implications of EU Framework Decisions by integrating valuable insights from the French probation and judicial services. Statistical data and case analyses illustrate practical challenges and applications within the French criminal justice landscape. The article highlights specific challenges faced within the French criminal justice system, such as prison overcrowding and the treatment of foreign nationals. It emphasises enhanced communication, trust, and collaboration among stakeholders within the European criminal justice system. Addressing the adaptation of EU Framework Decisions in France, the article navigates the complexities involved in aligning European law with national legislation and the delicate balance required to maintain sovereignty while embracing cooperative legal frameworks. The nuanced cultural perspectives permeating the French criminal justice landscape are examined to comprehensively understand the unique challenges and adaptations within the French context. The article also discusses the paradox between establishing European probation standards and the challenges in building trust among probation officers and stakeholders across European nations, offering potential strategies for improvement in European criminal justice cooperation. In conclusion, this article provides valuable insights into the complexities and challenges within European criminal law, offering directives for enhanced collaboration and effectiveness within the European legal landscape. It is a pivotal analysis contributing to informed discussions and policy decision-making within European criminal justice cooperation.

Victim or Threat? Shipwrecks, Terrorist Attacks, and Asylum Decisions in France

AbstractTragic events such as terrorist attacks have been shown to influence voters’ policy preferences, but less is known about whether such events also affect actual immigration policy. In this study, I bring new evidence to this question by examining whether migrant shipwrecks and terrorist attacks affected asylum decisions in France during the refugee crisis of 2015–16. I find that asylum officers were more likely to approve an individual's refugee application if a shipwreck has recently been in the news than they are otherwise. Yet they were less likely to grant refugee status to asylum seekers from Syria and Iraq after a terrorist attack. Together, these findings suggest that tragic events can affect immigration policy through their influence on asylum officers.

Examining the position of organic laws within the Constitutional Bloc: an analysis of constitutional court decisions in France and Iraq

Examining the position of organic laws within the Constitutional Bloc: an analysis of constitutional court decisions in France and Iraq

HTA353 Analysis of the Impact of Early Access Decisions on Pricing and Reimbursement Decisions in France

HTA353 Analysis of the Impact of Early Access Decisions on Pricing and Reimbursement Decisions in France

Preferences of homeowners for heat-pump leasing: Evidence from a choice experiment in France, Germany, and Switzerland

While heat pumps are a promising solution for decarbonizing residential buildings, financial barriers often hinder their diffusion. Asset leasing – whereby service providers lease equipment and provide services in exchange for monthly payments – could help overcome some of the barriers to adoption. This study investigates homeowners' preferences for heat-pump leasing, examines their inclination to lease or purchase, and quantifies their willingness to pay for different services. Empirical insights are drawn from a discrete choice experiment conducted with 915 single-family house owners who undertook 9150 hypothetical leasing decisions in France, Germany, and Switzerland. Survey results show an interest in flexible, all-inclusive leasing offerings, especially in markets where heat pumps are at an early stage of diffusion. However, preferences for asset leasing differ between countries. German house owners are the most open to leasing and would on average be willing to pay up to three times more than their French counterparts to shield themselves against technical risk. Given the role asset leasing could play in decarbonizing residential heat and enhancing energy security, policy makers may wish to adapt policy incentives to account for these service-based offerings.

Litigation after hallux valgus surgery in France between 2000 and 2020: A review of the two national legal research databases

BackgroundThe objectives of this review were to: 1) describe reasons for lawsuits following primary hallux valgus surgery in France from 2000 to 2020; 2) to compare private and public practice. MethodsCivil (private practice) and administrative (public practice) court decisions in France between 2000 and 2020 were collected using the two leading legal data sources (Legifrance, Doctrine). ResultsSeventy-two court decisions related to hallux valgus surgery were included. An appeal was filed in 93% of cases. Finally, 70.8% of the verdicts were in favor of the complainants. The average compensation awarded to a plaintiff was €55,333. The main reasons for complaint after hallux valgus surgery were: a failure to provide preoperative information (47.2%), post-operative pain/stiffness (38.9%), and infection (30.6%). A proven lack of information increased the risk of recognizing the occurrence of post-operative pain and stiffness as faulty from 13.3% to 61.5% (p = 0.01), and the average compensation from €25,330 to €76,716 (p = 0.04). The duration of the procedure was about 1.5 years longer in civil proceedings (p = 0.04). There was no significant difference between private and public activity litigation. ConclusionClear and adapted patient information and its traceability could be a way to reduce the number of complaints and their consequences in case of disappointing results.

Litigation after primary total hip and knee arthroplasties in France: review of legal actions over the past 30years.

Since the law of March 4, 2002, several modifications have impacted medical practices and their medico-legal implications. In case of an infectious complication not related to a fault of the practitioners (surgeons, anesthetists), the patient has the right to compensation assumed by the care structures. Moreover, the lack of preoperative information is no longer just a failing of the ethical standards but a breach of medical and legal obligations. Then, aims of this study were: (1) to describe the reasons for a lawsuit in France following total primary hip (THA) and total knee (TKA) arthroplasties and (2) to compare litigation characteristics of private and public practices. Civil (private practice) and administrative (public practice) court decisions in France between 1990 and 2020 were collected using the two main legal data sources (Legifrance, Doctrine). Eighty-three TKA and 173 THA cases were identified. Reasons for complaint in primary THA were mainly infection (29%), prosthetic failures (18%), nerves injuries (17%), and leg length discrepancies (11%). The main grounds for complaint in favor of the plaintiff were diagnostic or indication mistakes (100%), infections (80%), especially if a lack of information was recognized (88%). Reasons for complaint following primary TKA were mainly infections (65%) and persistent pain or stiffness (12%). Whatever the reason, the verdict was in favor of the plaintiff in about 2/3 of the cases. THAs were more at risk of appeal in administrative procedures than in civil (p = 0.008). There were more cases of implant failure in civil proceedings (p = 0.008). Indemnities after primary THA was higher in public activity litigation (p = 0.04). There were no differences in verdicts, grounds for complaints, and compensation between public and private practices for primary TKA. The main complaint about all the arthroplasties in France was a septic complication. The lack of information could be an added pejorative element for the final verdict.

Implantologie orale et responsabilité : à propos du choix du dispositif implantaire

Dental implants are medical devices designed to create stable, strong, non-iatrogenic and durable anchors in the maxilla or mandible to which a removable or fixed dental prothesis fits, to replace one or more missing teeth. From the 1970s to 2000, these medical devices experienced changes in shape and materials before a consensus was reached on a type of implant that responded to the standard of care. This raises the question of the medical liability of healthcare professionals who use different implant systems in their practices. The present article proposes to highlight the choice of the dental implant by dental practitioner, its design and the materials used, on the field of the medical liability, through a retrospective study of judicial decisions in France. The “Brånemark-type” endosseous cylindrical-conical screw implant is considered as standard of care in France. The dental surgeon has the possibility to use other types of dental implants when the clinical situation strictly contraindicates the use of cylindrical-conical screw implants. In case of litigation, he must be able to justify his choices.

To Disclose or Deceive? Sharing Secret Information between Aligned States

Why do aligned states sometimes disclose secret information about their miitary plans to use force, whereas other times they choose to deceive their partners? The state initiating these plans may choose among four information-sharing strategies: collusion, compartmentalization, concealment, and lying. Three main considerations shape its decision: the state's assessment of whether it needs its partner's capabilities to succeed at the military mission, the state's perception of whether the partner will be willing to support the state in the requested role, and the state's anticipated deception costs for not fully informing its partner state. Several cases illustrate how these strategies are chosen: Israel, Britain, and France's decision to use force against Egypt during the Suez Crisis (collusion between France and Israel, and concealment vis-à-vis the United States); Israel's 2007 bombing of Syria's al Kibar reactor (compartmentalization); and Israel's deliberations whether to attack Iran's nuclear reactor (lying). These strategies have implications for intra-alliance restraint and contribute to understanding deception and secrecy between allies.

PNS96 Orphan Drug Compassionate Use Programmes: Scale of Use and Association with Regulatory and Reimbursement Decisions in France, Germany and the UK

To understand the scale of use of compassionate use programmes (CUPs) for orphan products in France, Germany and the UK, and whether these programmes affect regulatory and reimbursement decisions. Websites of regulatory authorities from France (Agence Nationale de Sécurité du Médicament et des Produits de Santé), Germany (Bundesinstitut für Arzneimittel und Medizinprodukte, and the Paul-Ehrlich-Institut) and the UK (Medicines and Healthcare products Regulatory Agency) were searched for cohort CUPs in June 2020. Drugs with European Medicines Agency (EMA) Orphan Drugs Designation (ODD) in the indication of the CUP were identified using the Community Register of orphan medicinal products. Searches of the EMA website confirmed the marketing authorisation (MA) status of products. Between January 2010 and June 2020, 1,348 EMA ODDs were awarded; 17, 5 and 4 CUPs for orphan products were approved in France, Germany and the UK, respectively. In total, 19/26 (73%) of the identified CUPs have so far preceded successful MA. In France, 14/17 products obtained MA, 2/17 products had not yet received a MA decision and 1/17 products had applications withdrawn prior to a decision. In Germany, 1/5 products obtained MA, and 4/5 products had not yet received a decision. All products obtained MA in the UK. The average length of time between CUP start date and MA was 310 days (range -4 to 1,326 days). Further research is ongoing to assess the association of CUPs with reimbursement decisions. Only a small proportion of products with ODDs had been awarded CUPs, with notably more in France than in Germany and the UK, suggesting greater obstacles to establishing CUPs may exist in Germany and the UK. The majority of orphan products with a CUP have been successful in gaining MA, suggesting they may offer a benefit with respect to regulatory decision making.

Beyond “Fashoda Syndrome”: The Rwandan Civil War and the Politics of La Francophonie in Africa

This article uses a case study to interrogate the politics of French in Africa. It examines French involvement in the Rwandan Civil War (1990–1994), and argues that by conceptualising institutions such as La Francophonie as “cultural” bodies, we risk obscuring their properly political functions. Through a consideration of the history of language in French colonial thought, and the translation of that history into the post-colonial idea of francophonie, the article foregrounds the political and economic benefits that France has received as a result of the spread of its language and culture. The article also provides an account of the role played by language and culture in France's decision to support the Habyarimana government in a war that culminated in genocide. Ultimately, it argues for the importance of recognising linguistic organisations as political entities.

Whole-Body CT after Motor Vehicle Crash: No Benefit after High-Energy Impact and with Normal Physical Examination

Performing a whole body computerized tomography (CT) scan after a motor vehicle crash (MVC) when the physical exam suggests no new injury remains a source of debate. It remains a common practice despite prospective evidence of no reduction in mortality. Prior retrospective studies have shown a potential mortality benefit of whole-body CT following these traumas compared to selective scanning, but the overall quality of evidence is lacking. Proponents argue that whole-body CT finds more injuries and injuries that may have been missed on exam, but it comes with the cost of radiation exposure, possible adverse effects of iodine contrast, and added expense. The Vittel criteria, originally used for field triage, now guide whole-body CT decisions in France. The Vittel criteria include physiologic variables, kinetic components or mechanism of injury, injuries sustained, and resuscitation required. Use of these criteria as an indication to perform whole-body CT has lacked specificity. Investigators in this retrospective study hypothesized that patients involved in an MVC with a GCS of 15, a normal exam of the torso, and only a kinetic component of the Vittel criteria, whole-body CT is not indicated.

Joint analysis of environmental and risk policies: Methodology and application to the French case

French public authorities have to manage the protection of the environment and risks. This study proposes a method for analyzing the French law on environmental hazards and the protection of the environment in the context of land planning. The main question asked is: Do the difficulties of implementing environmental policies stem from the complexity of the law or from the organization of local land management? The final aim is to offer reading keys to aid local planning decisions in France. The approach proposed is based on collecting and organizing the regulations, analyzing their application in practice, and comparing the legal standpoints to the logic of local decision-makers. This study demonstrates the extent to which French environmental regulations are complex and how they can be adapted locally in order to improve their application and efficiency.

Malaria blood safety policy in five non-endemic countries: a retrospective comparison through the lens of the ABO risk-based decision-making framework.

In non-endemic countries, malaria risk is addressed by selectively testing or deferring at-risk donors. These policy decisions were made using a variety of decision-making frameworks prior to the development of the Alliance of Blood Operators Risk Based Decision-Making Framework. It is unclear whether the range of items assessed in the decision-making process would be increased if the Framework were used. We compared assessments considered in France, England and Australia for decisions to implement selective testing, plus donor selection criteria (Canada and the USA included) with those recommended by the Framework. Elements of the Framework were identified: the intervention, safety threat, availability threat, donor impact, financial implications, risk communication, stakeholder and regulatory aspects. Decisions about selective testing and donor selection criteria were analysed separately. Assessments were compared against elements of the Framework and the level of concern for considerations rated. Sufficiency of the blood supply (plus safety in France) were the drivers for selective testing; main trade-offs were high operational impact and cost. In three donor criteria examples, transfusion-transmitted malaria cases prompted the change. Social concerns were high in France and Australia, political/regulatory concerns influenced decisions in France, Australia and Canada, while sufficiency was a consideration in Canada and the USA. Decision trade-offs involved moderate operational impact. The assessments considered in each country were generally consistent with the assessments recommended by the Framework. When data supported quantified risk assessment, safety and operational feasibility had the greatest weight. When risk was not well defined, contextual factors such as social and political concern had greater weight.

Party politics at the water’s edge: contestation of military operations in Europe

This paper contributes to current debates on the politicization of international politics by examining party-political contestation of peace and security missions. It is guided by two inter-related questions, (a) to what extent deployment decisions are contested amongst political parties and (b) what drives such contestation. We examine data from a new data set on parliamentary votes on deployment decisions in France, Germany, Spain, and the United Kingdom and from the Chapel Hill Expert Survey. Against conventional wisdom and in an effort to address the often-overlooked role of political parties, we find that military deployments have been systematically contested amongst political parties across Europe. Further, we find that contestation is driven by the left/right axis, as opposed to newer cleavages captured here by the so-called gal/tan axis. We also find evidence that patterns of contestation depend on parties’ positions in government or opposition, a factor we relate to bureaucratic and international pressures on the parties in office, and to political opportunities for opposition parties.

International Evidence on Firm Level Decisions in Response to the Crisis: Shareholders vs. Other Stakeholders

The relationship between changes in GDP and unemployment during the 2008 financial crisis differed significantly from previous experiences and across countries. We study firm-level decisions in France, Germany, Japan, the UK, and the US. We find significant differences between the response of US and non-US firms. US firms significantly decreased their production costs relative to firms in other countries. They have also reduced debt, reduced dividend payout, and increased their cash holdings compared to firms in other countries. The differences are, in general, explained by differences in financial leverage. However, financial leverage does not explain differences between production decisions in German and U.S. firms and between Japanese and US firms. We argue that differences in firm governance between US firms and firms in Germany and Japan drive these responses. US firms are more prone to cut labor costs and reduce leverage compared to German firms and Japanese firms in order to achieve larger profits and a larger cash-cushion in the short-run.

International evidence on firm level decisions in response to the crisis: Shareholders vs. other stakeholders

The relationship between changes in GDP and unemployment during the 2008 financial crisis differed significantly from previous experiences and across countries. We study firm-level decisions in France, Germany, Japan, the UK, and the US. We find significant differences between the response of US and non-US firms. US firms significantly decreased their production costs relative to firms in other countries. They have also reduced debt, reduced dividend payout, and increased their cash holdings compared to firms in other countries. The differences are, in general, explained by differences in financial leverage. However, financial leverage does not explain differences between production decisions in German and U.S. firms and between Japanese and US firms. We argue that differences in firm governance between US firms and firms in Germany and Japan drive these responses. US firms are more prone to cut labor costs and reduce leverage compared to German firms and Japanese firms in order to achieve larger profits and a larger cash-cushion in the short-run.

The determinants of households' flood mitigation decisions in France - on the possibility of feedback effects from past investments

In this paper, we investigate the determinants of private flood mitigation in France. We conducted a survey among 331 inhabitants of two flood-prone areas and collected data on several topics, including individual flood mitigation, risk perception, risk experience, and sociodemographic characteristics. We estimate discrete choice models to explain either the precautionary measures taken by the household, or the intention to undertake such measures in the future. Our results confirm that the Protection Motivation Theory is a relevant framework to describe the mechanisms of private flood mitigation in France, highlighting in particular the importance of threat appraisal and previous experience of floods. Some sociodemographic features also play a significant role in explaining private flood mitigation. We also observed that respondents who had already taken precautionary measures have a lower perception of the risk of flooding than respondents who planned to implement such measures at the time of the survey. This result can be explained by the existence of a feedback effect of having taken precautionary measures on risk perception. If subsequent studies support this assumption, it would imply that intended measures, rather than implemented ones, should be examined to explore further the determinants of private flood mitigation.

PRS71 - COPD Drugs In Europe - A Comparison of Market Access Decisions In France, Germany, Sweden and UK with The Prismaccess Database

PRS71 - COPD Drugs In Europe - A Comparison of Market Access Decisions In France, Germany, Sweden and UK with The Prismaccess Database

The determinants of households' flood mitigation decisions in France - on the possibility of feedback effects from past investments

In this paper, we investigate the determinants of private flood mitigation in France. We conducted a survey among 331 inhabitants of two flood-prone areas and collected data on several topics, including individual flood mitigation, risk perception, risk experience, and sociodemographic characteristics. We estimate discrete choice models to explain either the precautionary measures taken by the household, or the intention to undertake such measures in the future. Our results confirm that the Protection Motivation Theory is a relevant framework to describe the mechanisms of private flood mitigation in France, highlighting in particular the importance of threat appraisal and previous experience of floods. Some sociodemographic features also play a significant role in explaining private flood mitigation. We also observed that respondents who had already taken precautionary measures have a lower perception of the risk of flooding than respondents who planned to implement such measures at the time of the survey. This result can be explained by the existence of a feedback effect of having taken precautionary measures on risk perception. If subsequent studies support this assumption, it would imply that intended measures, rather than implemented ones, should be examined to explore further the determinants of private flood mitigation.