Interinstitutional Agreement Research Articles

The Commission’s Power to Withdraw Legislative Proposals and its ‘Parliamentarisation’, Between Technical and Political Grounds

European Commission – Monopoly on legislative initiative – Power to withdraw legislative proposals, as recognised and limited by the Court of Justice – Interinstitutional Agreement on Better Law-Making – European Parliament Rules of Procedure – Interinstitutional programming procedures – Technical and political usages of the withdrawal – Question of confidence in national parliamentary systems – National Parliaments and Early Warning System – Parliamentarisation of the decision to withdraw – Principle of institutional balance

Integrating student feedback during \u201cDental Curriculum Hack-A-thon\u201d

BackgroundThe future of dental education is at crossroads. This study used the parameter of the 2016 Dental Curriculum Hack-a-Thon to assess intra- and inter-institutional agreement between student and faculty views regarding dental curriculums to determine if there is an impact in student perceptions towards dental education from before and after the event.MethodsThis exploratory, cross-sectional study involved two surveys, with Survey 1 being distributed among four faculty-student pairs of the four participating dental schools answering 14 questions. Survey 2 assessed the views of 20 participating dental students through 26 questions in a pre- and post- event survey design. Descriptive statistics were used to explore differences in perceptions towards dental education across both instrument surveys.ResultsThe results revealed valuable student insights regarding intra- and inter-institutional agreement relevant for the change in dental curriculum that needs to occur. Survey 2 revealed that mandatory attendance in didactic courses, electronic based examination preferences, and the preference of preclinical courses being held in the first and second years of a four-year dental curriculum were of particular importance to student participants.ConclusionsThe results of this study indicate that exposure and participation in subjects pertaining to dental education can be influential on student preferences and opinions on how dental education should be delivered in a four-year curriculum.

Limits to delegation under Article 290 TFEU

As noted by Z. Xhaferri in an earlier volume of the Journal, the Treaty of Lisbon, pursuant to Articles 290 and 291 Treaty on the Functioning of the European Union (TFEU), created a new legal regime governing the ‘delegation’ of rule-making powers to the European Commission that left many questions unanswered. Despite the adoption of the Comitology regulation (pursuant to Article 291(3) TFEU) and an inter-institutional agreement on delegated acts (as such not required under Article 290 TFEU), the EU institutions did not fully manage to find a modus vivendi to put the new legal regime into practice. As a result, the Court of Justice was called upon in a number of cases to settle the contested questions.

Legal Opinion on the Proposed Inter-Institutional Agreement for a Mandatory Transparency Register in the European Union

This paper discusses the legal implications deriving from the choice of an interinstitutional agreement to regulate interest representation activities in the European Union. In particular, it focuses on whether this instrument may validly allow the European Parliament to impose a set of requirements on its Members (in relation to their free and independent mandate), the political groups, the intergroups and other informal groupings of Members, and on the accredited parliamentary assistants (APAs). It concludes that, given its legal status, the proposed IIA operationalises rather than extending the existing transparency obligations stemming from the Treaty and its requirements are proportionate to the aims pursued. As such it does not affect the free and independent mandate of Members as it is defined in the Members’ Statute nor it conflicts with the prerogatives of other internal actors. The proposed IIA intends to develop and complement obligations of primary law, such as the duty of openness and transparency that already govern the Statute and its interpretation, without compromising the substantive rights and obligations provided by the former. These obligations of primary law already put limits on the freedom and the independence of the Members enshrined in Article 2 (1) of the Statute as well as that of other internal actors. Additionally, the proposed mandatory Transparency Register also allows Members to easily identify the identity of interest representatives they meet, thus enhancing the Member’s ability to inform themselves.

The Open Government Partnership Beyond the Nation State: The Case of the European Union

The article outlines the options for collaboration between the European Union (EU) and the Open Government Partnership (OGP). The OGP accepts full participants (states), sub-national participants (pilot program), and observers. As of now, the OGP’s charter states that it only accepts “states” for full participant status. Three options are available to the OGP for accommodating the EU: 1. Full participant status for the EU: the OGP would have to amend its Articles of Governance to allow non-state entities such as the EU to be participants by removing any mention of “government” of states, and replacing it with any government at the sub-national, national or supranational levels; 2. Ad-hoc participation of the EU by creating a supra-national government program: the OGP would have to create a program tailored to the EU, which could be used as a model for allowing other supra-national bodies in the future. If option 2 is a success, the OGP could propose full participant status to the EU at that time; 3. ‘Observer status’ for non-state entities with the EU as an observer: the OGP maintains the status quo by enabling non-state actors to obtain observer status. The article also reviews the requirements for OGP membership, the competence of the EU to join, and the question of which EU institution would be responsible for negotiating OGP membership. The article concludes by analysing how the EU would formalise its commitment to the OGP through an Inter-Institutional Agreement.

External Expertise in EU Policy-Making: The Quest for Transparency

External expertise plays an important role in European Union (EU) policymaking. In an increasingly complex multi-tiered environment, EU policymakers are requested to provide timely responses on a variety of issues in which several interests are at stake. External expertise provides the EU institutions with a way to address these issues efficiently and build political consensus.Attempts to regulate the role of external expertise in EU policymaking date back as far as the early 2000s, when the European Commission released the first guidelines for the use of expertise and advice in policymaking. In 2005 a register of expert groups was established. By June 2016, a total of 27 199 members were recorded on that register. These members made up 820 'Commission expert groups'.The role of experts and external advisers in EU policymaking remains controversial. Concerns include the neutrality, transparency and balance of external expertise. Following a 2014 European Ombudsman investigation, the European Commission announced that a revised register of expert groups would be operational by the first quarter of 2016. Revised rules for the expert groups were adopted at the end of May 2016. Further changes have been introduced by the Interinstitutional Agreement on Better Law-Making between the European Parliament, Council and Commission. The own-initiative report being drafted by the Parliament's Committee on Budgetary Control may also influence the way the system evolves.

Caracterización de una experiencia de interacción educativa dialógica de apropiación social de la ciencia y la tecnología, con niños en edad temprana, en ámbitos no formales, a partir de la sistematización del Club Pequeños Exploradores de Maloka

This article summarizes the results of the thesis carried out in the framework of the Master’s program in Educational and Social Development from Cinde and Universidad Pedagogica Nacional. It presents the logic of sense, the methodological proposal and the relational system that characterize the systematization of an educational dialogic interaction experience of social appropriation of science and technology, with boys and girls at an early age, at non-formal settings, from the Little explorers club of Maloka. This systematization was performed in a four stages approach, from the creation of the Club in 2003 until 2012, in the context of the inter-institutional agreement between Maloka Interactive Center and Universidad Pedagogica Nacional. It revealed distinctive elements of the experience lived by the researcher during the process at the Club, which were later reflected pedagogically. It is important to point out that, due to the Master’s program, systematization as a research modality has became into a substantial part of the professional work for the researcher.

Las costumbres mercantiles en Barranquilla

La ponencia que a continuación se presenta ante la comunidad académica, es producto de una década de labores que van desde el análisis normativo y el trabajo de campo, hasta la adaptación y capacitación constante del capital humano en la última década. En efecto, tras dos lustros de vigencia, el convenio interinstitucional acordado entre la Universidad Libre y la Cámara de Comercio de Barranquilla, ha rendido resultados de la más variada índole, permitiéndole al investigador del presente, ofrecer una visión de conjunto de los resultados obtenidos durante este espacio ininterrumpido de actividades científicas; claro está, con el convencimiento de que no es posible concluir, pues el comercio es volátil, de suerte que, los espacios de indeterminación legislativos no tardarán en aparecer, siendo la costumbre mercantil, la herramienta idónea para permear en estos espacios. Así pues, se ofrece en este escrito un balance de los resultados obtenidos en las varias ediciones, en que se ha ejecutado el macro proyecto de las costumbres mercantiles en la ciudad de Barranquilla DEIP.

EU Executive Rule-Making and the Second Directive on Institutions for Occupational Retirement Provision

Since the Treaty of Lisbon, the legislative system of the European Union is based on a distinction between legislative acts and non-legislative acts as well as on a distinction between delegation and implementation. This system has brought about several issues that received a fair degree of scholarly attention prior to the entry into force of the Treaty of Lisbon and in the initial years thereafter. The new Interinstitutional Agreement on Better Law Making (IIA) has addressed some of these issues, but this still leaves the question open as to how this new legislative system is to be implemented in practice. This article reviews these issues, first, in light of the new IIA and, second, in light of the legislative practice that has emerged since then. The revision of the Directive on Institutions for Occupational Retirement Provision is taken as the legislative case in this respect. This case includes political conflicts between mostly national and EU legislatures but also conflicts with regard to the substance of some EU provisions. It also evaluates the role of EU agencies – in this case the European Insurance and Occupational Pensions Authority (EIOPA) – within the rules of the EU’s legislative system.

Better for Whom?

At first sight, the new “better regulation package” probably appears as one of the most ambitious and comprehensive set of measures on the quality of EU regulation developed in recent years. It introduces relevant innovations as far as both better regulation tools(impact assessment-IA, ex post evaluation, consultation) and governance (the Regulatory Scrutiny Board-RSB, the REFIT Platform and the proposal on the new Inter-institutional agreement on Better Lawmaking-IIA)are concerned. Moreover, the package is a clear demonstration of the Commission's political commitment towards the relaunch of the smart regulation agenda, already proved by its inclusion within the scope of the mandate of the First Vice President, Mr. Timmermans.Nonetheless, ambition and wideness are not the only relevant criteria to judge the package. It could indeed be assessed also from a different perspective, i.e. by analysing the possible effects it could produce and the incentives it could provide for some key players: EU institutions, Member States (MS) and stakeholders.

Repercussions of the European Commission’s Better Regulation Agenda on Consumer Interests and Policy

On the face of it, ‘better regulation’ sounds like a concept that no one could object to. But in contrast to past attempts to cut red tape for business and thus reduce unnecessary bureaucracy, the objective of the Juncker Commission's Better Regulation Agenda is to reduce “regulatory burden”.The package, adopted on May 9th 2015, foresees the establishment of an impressive apparatus and toolbox for implementing the Agenda. Existing structures and procedures, such as the Regulatory Scrutiny Board and the Impact Assessment Guidelines, are being modified, and new elements such as the two REFIT Platforms, one for stakeholders and one for Member States, and the new Interinstitutional Agreement on better law-making, will be introduced.The Agenda raises many questions and concerns From the perspective of a public interest organisation such as The European Consumer Organisation (BEUC). Several aspects of this new institutional and procedural architecture suggest that it is not designed to provide society–wide benefits by generating better regulation for all. Rhetoric about the need to reduce costs is the dominant theme throughout the entire package, framed by the ‘jobs and growth’ narrative.

Interinstitutional Variability in Testicular Volumes and Varicocele Presence by Ultrasound: Surprising Discrepancies and Implications for Clinical Decision Making

To determine the variability of testicular ultrasound (US) volumes and the clinical implications. A retrospective review identified 73 patients (62 adult and 11 adolescents) who had testicular US scans performed at both our institution (Urological Institute at Northeastern New York) and at an outside facility (outside hospital study). Testicular volume (TV) was measured using the Lambert formula: length × width × height × 0.71. TV difference (TVD) was calculated as percentage difference = 100 × (right TV - left TV)/left TV and serves as the intrapatient TVD. Patients with clinically palpable varicoceles were correlated to detection on US. Bland-Altman plots were generated to compare the limits of agreement for interinstitutional TVs. Interinstitutional agreement was measured using the Kappa (κ) coefficient. Although the mean values for TVs were similar between institutions (19.1 vs 19.0 cm(3)), there was a wide range in the limits of agreement with a large standard deviation of difference (8.52 cm(3)). Interinstitutional agreement was poor regarding patients with a ≥ 20% TVD (κ = 0.09) and was even worse in patients with both varicoceles and ≥ 20% TVD (κ = 0.05). US agreement for verification of clinically detected varicoceles was good (κ = 0.67). If the variability found in this study was applied to identically sized testicles, an erroneous 20% TVD would be found in 38% of studies. Interinstitutional or inter-ultrasonographer assessment of TV varies significantly. Clinicians should cautiously interpret the US-determined TV when making surgical decisions. Images, and not just reports, should be reviewed by clinicians.

Abstract 15182: Calibration and Feedback of Speckle Strain Measurement Improves Segmental Strain Concordance

Purpose: Inter-institutional agreement of imaging measurements is important in shared clinical management and in trials. 2D strain is sensitive to changes in LV function, automated and may be less variable than ejection fraction (EF), which is used widely but has inherent variability. We sought whether strain would have better concordance between different centers and that feedback from a calibration exercise would reduce the variability among institutions. Methods: 108 global longitudinal strain (GLS) measurements, calculated from 1944 segmental strains, were performed blindly by 21 experienced readers from 12 different institutes (5 Europe, 5 Asia, 1 North America and 1 Australia) in 6 cases. Intraclass correlation coefficients (ICCs) were used to determine concordance. All individual measurements were reviewed and some key points were identified to optimize strain measurement. After feedback, strain was remeasured and improvement of agreement sought using coefficient variance (CV) and mean difference (MD) from the reference standard. Results: GLS was -17.9±3.3%, while EF was 60±7%. The ICC in GLS (0.994 [95%CI 0.983, 0.999]) was better than that of 2DEF (0.928 [0.809, 0.988], p<0.001) at baseline. Two main sources of discordance in GLS measurements were the width and location of regions of interest, especially at mitral annulus and apex. After feedback, re-measurement showed the CV (p=0.02) and MD (p=0.03) of segmental strain improved, but comparison of 2nd vs 1st GLS showed no changes of ICC (p=0.85), CV (p=0.80) or MD (p=0.92). Conclusions: Feedback significantly decreased segmental strain variability, but did not improve the concordance in GLS, which had better precision than EF at baseline.

Is there Scope for A More Professional Approach to EU Multilingual Lawmaking?

This article discusses whether EU multilingual lawmaking could be carried out in a more professional way. What does it mean to work in a professional manner? Who are the people involved? What skills and competences do they need at each stage of the process? How do they acquire these skills and competences? Are they rather taken for granted? The premises for the reflection is the fact that 23 language versions of the EU law are drafted by translators and the 24th, mostly the English, by non-lawyers or non-native speakers. Reference is made to the Interinstitutional Agreement on Common Guidelines for the Quality of the Drafting, the Joint Practical Guide for the Drafting of EU legislation, the European and ISO Standards on Service Requirements for Translation Services and the ISO Standards on terminological working methods. The article concludes that there is scope for further improvement, both as regards awareness-raising, competence-raising and workflow integration. It suggests that the way forward implies further implementation of the Interinstitutional Agreement from 1998 and that the understanding we have of legislative drafting and legal translation affects both the way we organise the work and the end result of it.

EU Confidential: The European Parliament's Involvement in EU Security and Defence Policy

AbstractIn 2002, the European Parliament (EP) and the Council concluded an Interinstitutional Agreement that gave the EP privileged access to sensitive documents in the area of security and defence. It is argued that the Council let the EP become involved in this sensitive policy area because it accepted the legislature's argument for its right to access. In addition, the EP's bargaining strategy concretized the procedures and contributed to finalizing the deal after two years of negotiation. It is shown in this article that despite the EP's marginal powers in the area of security and defence and the traditional conception of this policy as an executive prerogative, it cannot be isolated from democratic principles. This article provides new evidence for previous claims that the EP's involvement in EU foreign policy is increasing due to legitimacy concerns. It also offers a theoretical account for why this is so.

European inter-institutional impact study of MammaPrint

AimTo measure the impact of MammaPrint on adjuvant treatment decisions and to analyze the agreement in treatment decisions between hospitals from 4 European countries for the same patient cohort. MethodsBreast cancer patients were prospectively enrolled and MammaPrint was assessed. Patients' clinical data without and then with MammaPrint results were sent to the different multidisciplinary teams and treatment advice was provided for each patient. ResultsUsing MammaPrint, chemotherapy treatment advice for ER+/HER2- breast cancer patients was changed in 37% of patients by the Dutch, 24% by the Belgian, 28% by the Italian and 35% by the Spanish teams. MammaPrint increased the inter-institutional agreement in treatment advice (chemotherapy or no chemotherapy) from 51% to 75%. ConclusionThe results of this study indicate that MammaPrint impacts adjuvant chemotherapy recommendation. MammaPrint can decrease inter-institutional and inter-country variability in adjuvant treatment advice for breast cancer patients.

Legal Framework for a Mandatory EU Lobby Register and Regulations

A binding regulation of lobbying activities at the EU level including the requirement to register and to adhere to certain standards of behavior would be the most effective way of regulating these activities. Examples, in the EU, but also in third countries (US, Canada) show the variety of such mandatory approaches, but also their feasibility. The legal basis for such a regulation can be found in Article 298 (2) TFEU concerning lobbyists which target EU institutions engaged in administrative tasks. Based on the implied powers doctrine, the EU’s competence could be extended to cover all activities addressing EU organs and institutions engaged in administrative as well as legislative tasks. A regulation based on Article 298 (2) TFEU and/or the implied powers doctrine could be adopted through the ordinary legislative procedure. Until a binding regulation is adopted, each EU institution can amend its own staff regulations to address the behavior of its own staff vis-a-vis lobbyists. Furthermore, the EU’s organs could change their own rules of procedure to regulate access of lobbyists to the premises of these organs. This might then have a factually binding character. Such effects could also be reached by the interinstitutional agreement between Parliament and Commission in 2011.

251PD - European Inter-Institutional Impact Study of Mammaprint

ABSTRACT Background Medical board interpretation of prognostic and predictive factors and quality of IHC analysis can substantially affect the adjuvant treatment advice, resulting in substantial differences in treatment recommendations; with risk of potential over- and under treatment. Introduction of a centralized multi-gene assay could potentially lead to more formalized treatment recommendations throughout Europe. The primary aim of this study was to measure the impact of MammaPrint on chemotherapy treatment advice for patient cohorts from 3 different European institutes. Methods Between 2008 and 2010, tumor samples from early stage breast cancer patients (T1-3, N0-1, M0, Results Treatment advice as assessed by the Spanish multidisciplinary team was changed in 27% of patients after disclosure of MammaPrint results, in 33% of patients as assessed by the Dutch team, in 26% of patients by the Italian team and in 22% of patients by the Belgian team. The inter-institutional agreement for the four multidisciplinary teams in treatment advice was 57% (prior to MammaPrint disclosure) and increased to 79% after disclosing MammaPrint results. Conclusion This study demonstrates high variability in adjuvant chemotherapy treatment advice between multidisciplinary teams from 4 different European hospitals based on traditional patient and tumor related parameters. MammaPrint would have modified adjuvant chemotherapy treatment advice in around 27% of patients and lead to a more consistent and objective treatment advice. Disclosure L. Stork-Sloots: I am an employee of Agendia. All other authors have declared no conflicts of interest.

The Problem of Low and Uncertain Risks: Balancing Risks and Benefits

Both the Lisbon Treaty and the new Inter-Institutional Agreement strengthen the role of the European Parliament (EP) as co-legislator. At the same time, European Union (EU) officials increasingly recognise the need for broader acceptance of the principles and agreements of the Better (Smart) Regulation strategy, as proposed in an October 2010 Commission Communication. There is a need to make high quality risk management decisions in a more risk averse environment and a changed policy framework. Indeed, principles supporting better regulation have become more widely adopted by all EU institutions, notably with the Impact Assessment Board (IAB) of the European Commission, which now screens all new proposals. Due to the broad diffusion of these principles, risk assessment techniques have become more widely understood. This trend is particularly salient in four areas of application: (1) the on-going debate between regulating by hazard and regulating by risk; (2) a better understanding of the nature of risk/risk trade-offs, (3) use of benefit/risk assessment, and (4) the Commission Communication regarding the precautionary principle.

Hacia una educación democrática de la mirada

This article is based on the research project titled «Pedagogical uses of a quality television for child and youth audiences», by an inter-institutional agreement between the National Commission of Television and the District University «Francisco José de Caldas» of Bogota, Colombia. Its goal is to study the look in our socio-cultural life to promote a critical education of the audiovisual area, starting from pedagogical proposals which entail citizenship. Este trabajo, basado en el proyecto de investigación «Usos pedagógicos de una televisión de calidad para audiencias infantiles y juveniles», de la Comisión Nacional de Televisión y la Universidad Distrital «Francisco José de Caldas» de Bogotá, Colombia, pretende estudiar la mirada en el espacio sociocultural que nos ha tocado vivir con el objeto de fomentar una educación crítica del ámbito audiovisual, partiendo de propuestas pedagógicas que impliquen a toda la ciudadanía.