European Vision Research Articles

Autonomous Interpretation by the European Court of Human Rights and Margin of Appreciation

Summary The article is devoted to the problem of interpretation and application in practice of the European human rights standards through autonomous interpretation, as well as to the definition of the role and significance of the doctrine of margin of appreciation in this process. The relevance of the subject matter of research is due to the need to implement effective mechanisms for ensuring and protecting key human rights and freedoms in Ukraine, the establishment of the European principles of law and the European identity. The purpose of the study is a comprehensive analysis of the formation and evolution of the doctrine of autonomous interpretation in the jurisprudence of the European Court of Human Rights by studying and synthesizing judicial practice on the application of autonomous interpretation and elaboration on this basis of a system of autonomous concepts that reflect the common European vision of fundamental human rights and are also a kind of foundation of the European human rights law. The methodological basis of the paper are philosophical, general scientific and special research methods, in particular, dialectical, historical, logical, systemic, sociological, and comparative methods. The study concludes that it is through autonomous interpretation based on the European consensus that the European Court of Human Rights establishes imperative standards for the interpretation and application of human rights in practice, which prevents certain violations by particular member states of the Council of Europe, as well as supports the convergence and harmonization of different national legal systems, which contributes to the formation of the most homogeneous legal environment and the European system of human rights protection. The practical feasibility of the study is aimed primarily at applying autonomous concepts in practice, prima facie, by the judiciary.

Ensuring Ukraine’s economic security through the prism of human security: respect for human and civil rights

The article reveals the essence of ensuring Ukraine’s economic security through the prism of human security: respect for human and civil rights. It is emphasized that a person, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. Human rights and freedoms and their guarantees determine the content and direction of the state. The state is accountable to the people for its activities. The establishment and protection of human rights and freedoms is the main duty of the state. It is determined that the observance of human rights is a fundamental constitutional principle in Ukraine, the action of which accordingly directs the whole set of socio-political relations. The right to life and health, honor and dignity, inviolability and security belong to those human rights that are conditioned by its nature and social essence and do not depend on the existence of a certain status of a person in the state. That is why all of them are marked as fundamental in international practice.
 It was emphasized that defining human rights as the highest value, the Constitution of Ukraine joined the European and world vision of this issue, enshrined its universal solution as mandatory for the state and all other participants in public relations.
 It is stated that the main object of security in Ukraine is man, and ensuring the economic security of the state is the most effective tool that can ensure human security.
 The content of the National Security Strategy 2020 on the aspect of enshrining human security through the prism of economic security is revealed. It was emphasized that the ultimate goal of the Strategy is to establish a free, prosperous, secure Ukraine, where the rule of law prevails, where everyone can realize their talents and abilities, where people breathe clean air, drink clean water and connect their destiny. children and grandchildren.
 The main threats to economic security, which are enshrined in the National Security Strategy 2020, as well as the correspondingly regulated areas of human and civil security have been studied.
 It was stated that it is time to counteract threats to national security from the standpoint of the main object that may be in danger - man, because it is man who forms them.
 It is emphasized that the main tool for ensuring human security is to ensure the economic security of the state, because guaranteeing all rights and freedoms of man and citizen, both provided for in the Constitution of Ukraine and others lies in the plane of strong economic potential.
 The definition of a person as the main subject and object of security is formulated.
 Based on the analysis of the study of strategic state documents, conclusions were made on finding ways to increase efficiency and improve human security through the prism of ensuring the economic security of the state.

Defining the Number of Mobile Robotic Systems Needed for Reconfiguration of Modular Manufacturing Systems via Simulation

The European vision of the Factory of the Future is based on increasing competition and sustainability by transformation from cost orientation to high-adding value with technical and organisational innovations. One of the expected outcomes is an increase in modularisation, i.e., the reconfigurability of the technical system in manufacturing conditions. Modular manufacturing systems (MMS), will consist of modular platforms (MP) that are capable of rapid rebuilding, and reconfiguration performed by adding or removing a module by Mobile Robotic Systems (MRS). In the conditions of MMS, to make the most efficient use of reconfiguration MRS capacities, it is necessary to know the optimal ratio of these MRS to the number of modular platforms (MP) used in MMS, which does not exist today. This ratio will help industrial companies that are deploying MMS-based solutions to plan the number of MRSs needed to reconfigure deployed systems. As a method of determining this optimal ratio, an experimental approach via simulation was chosen, using data from custom MRS and MP prototypes with testing different layouts of modular platforms with the view of warehouse layout, manufacturing island, manufacturing island power supply, and MRS. Based on the results, it can be determined that the MP-MRS limit ratio is 2:1, where the further increase in MRS has only a minimal impact on the reconfiguration period. With the reduction of MP transferred to one MRS, there is a gradual decrease in the time required for reconfiguration. When the ratio of 1:1 is attained, the time required for reconfiguration lowers, but not as dramatically as in bigger ratios.

Building a European vision in a global world: a tribute to Pr. F. W. Wellmer’s contribution, from a French perspective

Building a European vision in a global world: a tribute to Pr. F. W. Wellmer’s contribution, from a French perspective

Vertrauenswürdig? Eine europäische Vision von (bewaffneter) Künstlicher Intelligenz

Vertrauenswürdig? Eine europäische Vision von (bewaffneter) Künstlicher Intelligenz

European Ai-Policy Space

Artificial Intelligence (AI) is one of the central technologies of the fourth industrial revolution. A significant part of the production of surplus value in the XXI century is associated with the mastery and widespread introduction of technologies, which contributes to the consolidation of technological competition as an object of state policy and an important component of international relations. The European Union today occupies a leading position in the field of technology development and Since 2018 the EU is in the process of forming a unified strategy in the field of AI, the directions, principles and approaches of which are the main subject of this article.The study is primarily based on the analysis of official documents included in the EU Strategy on AI: White Paper, Coordination Plan, Proposal for a Regulation establishing harmonized rules for artificial intelligence in the EU, documents of the expert groups of the European Commission, etc. The analysis of the EU policy to promote its own vision and approaches at the international level is based on theoretical models of the concept of “soft power” and the neo-institutional approach.Against the backdrop of fierce global technological competition, the EU was one of the first in the world to form a holistic strategy for the development of AI technologies. This makes it possible not only to strengthen its own position as a world leader in the field of innovative technologies, but also to significantly expand the intra-European and international integration agenda, as well as to supplement the European arsenal of soft power with tools to promote its own norms, standards and ethical principles of AI development at the global level.The key directions of the EU AI Policy are identified and disclosed. These include investments in technologies, creating conditions for their development, promoting development and implementation, creating an educational and regulatory environment, promoting the European vision of AI technology development at the international level. The authors considered key mechanisms of political regulation at the EU level, forms of interaction between stakeholders, approaches to promoting common principles in the field of ethics and security of AI technologies within the EU and at the international level.

Особливості кримінальної відповідальності та покарання неповнолітніх: реалії та перспектива

In the article the author analyses the features of criminal liability and punishment of juveniles in the current criminal legislation. Particular attention is paid to the release of adolescents from punishment and serving sentences. The author points out that for a long time there have been discussions among scholars about the possibility and expediency of applying to adolescents release from punishment and serving sentences considering the obvious need for their urgent re-education and return to the law-abiding citizens. The author categorically looks positively at this subinstitution of criminal legislation and believes that in some way it allows criminal legislation to perform its protective, educational and preventive functions. It also notes that the list of currently available types of release for both adults and juveniles is quite limited, which does not allow to fully differentiate them according to the specifics of the criminal offense committed by each individual juvenile. A comparative analysis of the current criminal legislation with the draft of the new Criminal Code of Ukraine is carried out. It is stated that scientists have identified not only juveniles but also young people, which is also due to the European vision of the subject of the criminal offense. Most criminal legislations of the Member States of the European Union have a similar differentiation. It is concluded that despite the rapid development of criminal legislation and Ukraine itself, the legislative vision of the limits of criminal responsibility and punishment of juveniles remains almost unchanged. A study of the draft of the new Criminal Code of Ukraine showed that only the age of the subject of the criminal offense was revised, as well as certain features of punishment and release from it. At the same time, any fundamentally new alternative criminal-legal measures and means of interaction with juvenile offenders are not provided, which indicates that the juvenile criminal legislation of Ukraine is not yet fully compliant with European and international standards of justice according to juveniles who are in conflict with the law. Key words: juvenile, criminal liability, punishment, release from punishment and serving sentences, draft, new Criminal Code, European Union.

SOME FEATURES OF THE NOVEL FORM OF KADZUO ISHIGURO (REMAINING OF THE DAY, DON'T LET ME GO)

The article examines the signs of devaluation of humanism in modern society in the context of multicultural thinking (English - Japanese). The objects of research are the novels of the Nobel (2017) and Booker (1989) Prize writer Kazuo Ishiguro - The Rest of the Day and Don't Let Me Go. In The Rest of the Day, an English writer of Japanese descent inherits and develops the tradition of the English novel, but at the same time synthesizes the peculiarities of the English mentality with the principles of honor and service in the Bushido samurai code. The subtle irony associated with the parallel "code of honor of the English butler and the Japanese samurai," according to the authors of the article, largely explains the logic of the plot of the work. The article also notes that Kazuo Ishiguro managed to reflect the deep commonality of postcolonial Englishness with the refined Japanese perception of being and duty. Although the author himself in his interviews and comments often insists that he remembers almost nothing about Japan and that he is interested in writing on universal topics, this practically always has a shocking effect in his novels. The novel Don't Let Me Go helps to understand that the peculiarity of this work is the proclamation of humanism as one of the main values of mankind at any time and under any conditions. It is noted that this idea is manifested in a conflict with the modern interpretation of the concept. Humanistic values in the novel are also revealed in the inner thoughts of the heroine, the relationship of the heroes, the actions of the heroes, and the author, even in a non-standard anti-utopian situation of ideals, ready to reflect on the moral foundations without which human life is unthinkable. In addition, the motive of man's detachment from his roots, which is very characteristic of Japanese culture, is projected on the modern European vision of the problem.

ESTRO vision 2030: the young Italian Association of Radiotherapy and Clinical Oncology (yAIRO) commitment statement

The aim of this document is to share the action plan from the young Italian Association of Radiotherapy and Clinical Oncology (yAIRO). We believe it is important to enhance a constructive dialog between societies. The hope is to offer to young radiation oncologists a wealth of opportunities to refine their skills and gain access to the latest developments, according to a shared European vision.

METHODICAL COMPONENT OF THE SYSTEM OF DEVELOPMENT OF DIGITAL COMPETENCE OF FUTURE TEACHERS OF THE HUMANITARIAN PROFILE

The development of digital competence of new generation teachers is a priority of a modern higher education institution. It is important in this context to develop a methodological component of the system of digital competence development of future teachers of humanities, which will determine the goals, content, methods, forms and means of digital competence development. Therefore, the aim of the article is to substantiate the methodological component of the model of development of digital competence of future teachers of humanities. The study analyzes the international framework of digital competence for citizens, in particular the framework of digital competence DigCompEdu, UNESCO standards “UNESCO ICT Competency Framework for Teachers. Version 3”, which reflects the latest technological and pedagogical advances in the use of ICT in education. It is important to describe the digital competence of the pedagogical worker, which includes the requirements to a humanities teacher and a set of skills to acquire, as well as the levels of digital competence of a pedagogical worker. A new Digital Education Action Plan (2021–2027) has been substantiated, outlining the European Commission's vision for high-quality, inclusive and accessible digital education in Europe. In the context of the study the analysis of the Concept of development of digital competencies adopted in Ukraine in 2020, the ways and means of solving the problems outlined in the document and the expected results are very important. The action plan for the implementation of the Concept of development of digital competencies includes regulatory, scientific and methodological, information support, deadlines and performance indicators. The described methodical component of the system of digital competence development of future teachers of humanities is developed in accordance with the European framework of digital competences, the concept of digital competence development and the description of digital competence of a pedagogical worker. This system is focused on application in the system of higher education. The methodological component of the system of development of digital competence of future teachers of humanities, which is carried out in the digital educational environment of Ternopil Volodymyr Hnatiuk National Pedagogical University, has been also substantiated.

SMART CITIES AND THE EUROPEAN VISION

Cities are one of the main factors influencing the economic development and prosperity of societies. Smart cities, fueled by innovation and the Internet of Things, are built on three pillars - improving the residents’ quality of life, business competitiveness, and ensuring a sustainable environment. When applied within the six urban areas: economy, mobility, security, education, living conditions, and environment, cities can much faster make the transition to smart cities. The term smart city is often associated with the desire for accelerated modernization of various spatial and urban social interactions, the term “smart city” often being fuelled by technological developments. Proof of this are the terms used to define the same concept: “digital city”, “e-communities”, “intelligent city”, “e-City”, “wired city”. However, a smart city is called upon to respond to the needs of cities and societies alike to approach challenges in a novel and creative manner. The motivations for transforming existing cities into smart ones are obvious and straightforward. They come on one hand, from the threats of current demographic phenomena (population growth, migration, public health, safety, and living conditions), and also from the opportunities of solutions that can be brought by technological developments and innovation, transformations of generations (new “Digital” generations), and civic involvement (participation and inclusion) in the management of modern cities. Thus, the meaning associated to the name of the smart city does not only overlap with the idea of modernization and expansion, but also wants to combine, simultaneously, competitiveness and sustainable urban development. In the present study, by building upon a European vision as regards the development of smart cities, we have attempted to build an image of the European envisioned smart city, which is to be planned out and sought after through a series of strategic partnerships for innovation. Not only is the European vision detailed, but Romanian specific urban development and smart city tendencies shall also be briefly analyzed in this paper.

PLURALISMO JURÍDICO E CONTRA-HEGEMONIA DOS POVOS REMANESCENTES DE QUILOMBOS

O presente texto tem como objeto apresentar uma breve discussão sobre alguns aspectos do Pluralismo Jurídico Insurgente envolvendo a contra-hegemonia dos povos remanescentes de quilombo. Assim, busca evidenciar dentre seus objetivos: (a) como se estabelece a normatividade insurgente, suas vertentes e seus caminhos; (b) demonstrar que desde a África até a atualidade o povo negro passa por constantes lutas contra um sistema de dominação. Nesse sentido, esta pesquisa busca responder ao seguinte questionamento sobre a possibilidade de compreender a pluralidade normativa insurgente como práxis constante e contra-hegemônica de cinco séculos dos povos negros. O método de abordagem utilizado foi o dedutivo e o de procedimento o monográfico, com a técnica de pesquisa bibliográfica, com ênfase a obras nacionais e estrangeiras. A discussão teórica e sua problematização compreenderá, estruturalmente, três momentos: o primeiro sobre o pluralismo jurídico de tipo insurgente, o segundo tratará da diáspora negra e o terceiro, é representada pela insurgência em contraposição aos colonizadores europeus desde a África. Os descendentes africanos experimentaram uma nova nomeação pelos colonizadores europeus intitulada negros. Referência a cor que trouxe separação e desnivelamento. A visão europeia que parte da perspectiva de sua história e cultura irradiou ao mundo a inferiorização e neutralização, cabendo a este povo desde a expansão colonizadora até o presente, resistir para resgatar e manter sua identidade, proteger suas comunidades e seus pares, em uma busca ininterrupta de emancipação.

The Care of Persons with Intellectual Disabilities in Romania: Between Politics and Theology

ABSTRACT The abuses of persons with intellectual disabilities in Romania’s state institutions has been in the attention of European human rights system for many years. Still despite the best efforts put into changing this deplorable situation nothing changed. The article argues that there are two main reasons for the unsuccessful attempts made to improve the care of persons with intellectual disabilities in Romania. On the one hand, the notion of human rights at the heart of the European vision does not resonate well with the dominant ethical discourse issuing from the Orthodox Church. On the other hand, the main paradigm of Orthodox theology either implies they are defective – because they lack the consciousness and the moral freedom needed to attain deification (the very goal of their existence) – or sees them as instruments for spiritual healing and deification of their carers.

Data Protection and Freedom of Expression Beyond EU borders: EU Judicial Perspectives

In the information society, European law has extended its influence to global dynamics. The rights to privacy and data protection are paradigmatic examples of extending fundamental rights protection beyond EU borders. To fully understand this tendency, it is necessary to develop some premises regarding the dynamic force of the European fundamental rights to data protection and privacy in the digital world and the cleavage between the European vision and the US version of the right to privacy online and data protection.

Relieving Tensions on Battery Energy Sources Utilization among TSO, DSO, and Service Providers with Multi-Objective Optimization

The European strategic long-term vision underlined the importance of a smarter and flexible system for achieving net-zero greenhouse gas emissions by 2050. Distributed energy resources (DERs) could provide the required flexibility products. Distribution system operators (DSOs) cooperating with TSO (transmission system operators) are committed to procuring these flexibility products through market-based procedures. Among all DERs, battery energy storage systems (BESS) are a promising technology since they can be potentially exploited for a broad range of purposes. However, since their cost is still high, their size and location should be optimized with a view of maximizing the revenues for their owners. Intending to provide an instrument for the assessment of flexibility products to be shared between DSO and TSO to ensure a safe and secure operation of the system, the paper proposes a planning methodology based on the non-dominated sorting genetic algorithm-II (NSGA-II). Contrasting objectives, as the maximization of the BESS owners’ revenue and the minimization of the DSO risk inherent in the use of the innovative solutions, can be considered by identifying trade-off solutions. The proposed model is validated by applying the methodology to a real Italian medium voltage (MV) distribution network.

Estimation of efficiency of measurement of digital camera photosensor noise by automatic segmentation of non-uniform target method and the standard EMVA 1288

In this paper important task of estimation of digital camera’s noise parameters is considered. Relation of accuracy of data obtained with digital camera and photosensor noise is discussed. Both standard European machine vision association EMVA 1288 and fast automatic segmentation of non-uniform target (ASNT) noise estimation methods are compared. Noise characteristics of machine vision PixeLink PL-B781F, scientific Retiga R6 and amateur mirrorless Canon EOS M100 cameras have been investigated. Accuracy of measurements, speed of calculation and experimental realization has been analyzed. Accuracy of temporal noise estimation by modified ASNT method is no less than that one for standard EMVA 1288. But the ASNT method can be implemented much faster than the standard EMVA 1288 even with additional frames for accuracy improvement.

The Arctic Strategy of the European Commission: a challenge for Russia or a measure of forced integration?

The article analyses the priorities, goals and objectives of the European Union in the Arctic macro-region at present. The European vision of the processes taking place in the Arctic has been explored. The EU proposals to improve the situation in the region, primarily in the environment, are being considered from the standpoint of activities of the Arctic Council and Russian-European relations in the Arctic.

Current Management of Inherited Retinal Degeneration Patients in Europe: Results of a Multinational Survey by the European Vision Institute Clinical Research Network

Purpose: An increasing number of gene therapies are developed for Inherited Retinal Degenerations (IRD). To date, 1 treatment has been approved for clinical use (FDA USA 2017, EMA Europe 2018, MoHAP UAE 2019, SFDA Saudi Arabia 2019, Swiss Medic Switzerland 2020, TGA Australia 2020, and BFR Brazil 2020). While such therapies do not provide complete cure, they may halt degeneration or partially restore function. Identification of well-characterized patients is an emerging need. We conducted the first multinational survey to understand the management of IRDs in Europe. Methods: An electronic survey questionnaire containing 112 questions was developed and sent to the 101 EVICR.net clinical centers (14 European countries and Israel). Results: The overall response rate was 49%. Only 14% of responding centers do not see IRD patients; 52% that manage IRD patients follow ≥200 patients, 16% > 1,000. Databases exist in 86% of the centers; of these, 75% are local files, 28% local Web-based database, and 19% national Web-based. IRD patients are referred to EVICR.net centers mainly by general ophthalmologists, patient self-referrals, and medical retina specialists. Most IRD patients are first seen in adulthood. Most prominent signs and symptoms depend on the age of onset, for example, nystagmus in infancy, or night blindness, and reduced visual acuity at older age. The time from inquiring for first appointment and clinical diagnosis varies among countries: in 29% of centers, the mean time is <4 weeks, although can be up to 35 months in others. The time to genetic diagnosis is ≥4 weeks, the maximum 10 years, likely depending on access to genetic testing, and the improvement of the tests available. Comprehensive eye examination always includes autofluorescence imaging and perimetry (86% static, 76% kinetic, and 21% microperimetry), and frequently optical coherence tomography (OCT) (95%), electroretinography (93%), and fundus photography (93%). Identified genotypes were reported in 40–80% patients by 69% of centers, and in 80–100% by 5%. Genetic testing is provided by public health insurance in 77% of centers, private health insurance in 38%, center budget in 13%, research funds in 18%; and 15% of centers do not have access to genetic testing. Conclusion: At the start of this era of ocular gene therapy for IRD patients, this first international survey on management of IRDs in Europe highlights significant heterogeneity between centers and across countries and provides important baseline data for researchers, clinicians, pharmaceutical companies, and investors.

Current Management of Patients with RPE65 Mutation-Associated Inherited Retinal Degenerations in Europe: Results of a Multinational Survey by the European Vision Institute Clinical Research Network

Purpose: The first ocular gene augmentation therapy, voretigene neparvovec (VN) (Luxturna®), has been approved for clinical use in an increasing number of countries (FDA USA 2017, EMA Europe 2018, MoHAP United Arab Emirates 2019, SFDA Saudi Arabia 2019, Swiss Medic Switzerland 2020, TGA Australia 2020, BFR Brazil 2020). Among the EVICR.net clinical centers, we conducted the first multinational survey to understand distribution, diagnostic work-up, and management of inherited retinal degeneration (IRD) cases in Europe with a special focus on RPE65 mutation-associated IRDs. Methods: An electronic survey questionnaire including 35 questions specifically addressing RPE65 mutation-associated IRDs was developed and sent to the 101 EVICR.net clinical centers. Results: The overall response rate was 49%. Forty-two centers see IRD patients, and 22/42 follow patients with confirmed biallelic RPE65 mutations. Fifteen of the 22 centers (68%) and 3/22 (14%) follow 1–5 and 6–10 patients with homozygous RPE65 mutations, respectively. Additionally, 15/22 (68%) and 3/22 (14%) follow 1–5 and >20 patients with compound heterozygous RPE65 mutations, respectively. Fifty-nine percent of mutations were ACMG Class 4 and 5 (at least 1 allele), 82.8% reported previously and 17.2% novel. Referral diagnoses (the mean per center) were Leber congenital amaurosis (38.2%), early-onset severe retinal degeneration (16.8%), rod-cone-dystrophy/retinitis pigmentosa (RP) (28.1%), and unclassified visual impairment (17.0%). Twenty-five percent of the centers changed the referral diagnosis in >47.5% of cases; 32% follow a specific referral process for RPE65 mutation-associated IRD patients. Annual follow-up visits are done in 55% of the centers and biannual visits in 23%. In 32%, other centers also follow the patients. Kinetic perimetry is done in 82%, static perimetry in 45%, and microperimetry in 18% of the centers. Full-field light stimulus threshold testing with blue and red stimuli to quantify the rod and cone function is used in 6/22 centers (27%). A mobility course is available in one center (5%). Conclusion: This first multinational survey on management of patients with RPE65 mutation-associated IRDs in Europe shows that about half of the responding EVICR.net centers have such patients under care. There is heterogeneity in diagnoses and management practices. At the start of clinical practice experience with VN, these data provide a useful baseline and highlight the need for consensus/guidelines to inform standard of care in this new era of gene therapy.

“In the East God has sacred places…”

The author analyses A.A. Fet's poem “The Nightingale and the Rose”, included in the collection “Poems” (1850). He points out that the collection aroused the interest of leading critics of the second half of the 19th century such as Apollo Grigoriev, Lev May and Osip Senkovsky. A.A. Fet's poem “The Nightingale and the Rose” particularly attracted their attention. The most significant characteristics of the poem are identified in the present study from the point of view of these critics; similarities and differences in its assessment are noted, and their reasons are explained. In particular, attention is drawn to the lively interest of the romantic era (both in European and Russian art culture) for the East. Characteristics of the image of the East are given, as well as names of writers and titles of their works. The author points to a foreign source of A.A. Fet's poem “The Nightingale and the Rose”, which turned out to be an inaccurate translation of Hafiz, reflecting not so much the specifics of Hafiz's ghazals as their interpretation by the translator with his European vision of the East. The text of A.A. Fet is a version of the Eastern ghazal in Russian. A digression about the historical and philological study of the word “rose” in the works of A.N. Veselovsky, and the tradition of using the theme of love between the Nightingale and the Rose in the poetry of A.S. Pushkin, N.M. Yazykov, A.V. Koltsov are presented. The author notes the original features in the interpretation of these images in the poetic text of A.A. Fet and points out the programmatic nature of the poem “The Nightingale and the Rose”, as testified by the poet's repeated references to the text and the corrections he inserted in view in a new publication.