Interinstitutional Agreements Research Articles

Global neurology: It's time to take notice.

Global neurology: It's time to take notice.

Sub-Federal Deliberative Exclusions and Free Trade: Mexico’s Centralized Federalism and Weak Institutional Capacities

This article explores the relationship between trade and sub-federal deliberative exclusions in the case of Mexico. Mexican centralized federalism explains the absence of sub-federal governments (SFGs) in the negotiations of free trade agreements, even if they are responsible for dealing with trade outcomes at the local level. This article argues that sub-federal deliberative exclusions are not only evident under the federal allocation of powers but also by their limited institutional capacities (restrictions in budgets and personnel, lack of professionalization, and absence of inter-institutional coordination). This is the case of NAFTA, the USMCA, and the Mexico-European Union Free Agreement in its original and recently renegotiated versions. Despite constraints by federalism and institutional limitations, SFGs engage in trade and investment promotion through inter-institutional agreements (IIAs) allowed by secondary legislation.

International Activity of P. I. Tchaikovsky National Music Academy of Ukraine as A Vector of Brand Development of A Higher Educational Institution

The specificity of cultural creation in the 21st century is considered in terms of certain unification, which is characterized by powerful trends towards globalization and alterglobalization, as well as the intensity and dynamism of communicative processes that affect the mutual enrichment and mutual borrowing of various cultural strategies and practices. The article highlights the problems of modern art education in Ukraine. There is an updated need for branding art universities as institutions that enable young people to obtain professional training in accordance with the requirements of current legislation and constantly fight for the right to be in the rating of potential and competitive subjects in the educational activity. The multi-vector nature of the artistic educational paradigm, thanks to which modern trajectories of the development of a competitive higher education brand are formed, are described in the article. The priority directions of the international activity of the P. I. Tchaikovsky National Music Academy of Ukraine are highlighted as those that ensure competitiveness. It was found that the lack of a clear understanding of the nature and structure of art education branding leads to the loss and devaluation of a significant number of principles in the process of purposeful development of the higher education brand. The co-branding initiatives of the P. I. Tchaikovsky National Academy of Music of Ukraine are outlined, aimed at building systemic partnerships with other institutions in the form of international parity cultural and artistic dialogues, which in terms of content and design comprehensively meet the demands of modernity. The four-vector model of the Academy's international partnership is substantiated and detailed, in which the first vector involves interaction with the prioritization of the educational component, the second is aimed at partnership with the dominance of the cultural and artistic direction, the third enables the conclusion of interinstitutional agreements with a particular emphasis on the synergy of scientific cooperation, and the fourth has universal in nature and oriented towards cooperation with global international organizations such as UNESCO and the UN

Nursing internship in COVID-19 times

The objective of the research is to know how nursing students fulfill the rotating internship service, knowing that this is a mandatory program in medicine, nursing, obstetrics, and nutrition careers in higher education institutions in Ecuador. To complete this program, students apply and deepen the knowledge acquired in their previous levels of training. An analysis of the situation of intern nursing students during the pandemic caused by SARs CoV2 is presented. The regulations for the development of the internship were analyzed, evidencing educational gaps in biosafety matters and it became necessary to reorient the current regulations for the realization of the rotating internship and other clinical practices in terms of the functions of the interns and the obligations of the establishments of Health. It is concluded that the rotating nursing internship program must be reviewed and analyzed to prevent students from risking their physical and mental health in practice, for this, the Ministry of Public Health of Ecuador and the universities must reorient inter-institutional agreements towards the health care and optimal training of future professionals.

The Reform of the EU Transparency Register

This paper looks at the latest reform of the EU Transparency Register (TR). I will approach the negotiations on the TR from the angle of the legislative process and will focus in particular on the life cycle of the TR proposal all the way from its preparatory phase within the Commission until the trilogue negotiations and the adoption of the TR package. I will be arguing that peer pressure between EU institutions had a significant impact on the negotiations. Furthermore, peer pressure inside EU institutions was also important. The final outcome of the TR will be analysed with regard to the effectiveness and added value of the TR interinstitutional agreement and the accompanying legal and political instruments. Solutions aimed at increasing transparency will be discussed in terms of their practical effect on EU institutions, the European Commission, the European Parliament and the Council of the European Union. The findings of this paper suggest that the achieved compromise provides added value to the TR regime of the EU. Moreover, the compromise has contributed to transforming the EU TR towards a hybrid transparency system consisting of elements of a different nature. Finally, I will conclude by discussing the future prospects of developing the EU TR regime. Keywords: EU law, transparency, transparency register, lobbying, interinstitutional agreements.   This work is licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License.   Suggested citation: K Fyhr, ‘The Reform of the EU Transparency Register’ (2021) 17 CYELP 177.

Atención de emergencias obstétricas en Chiapas, México. Caminando hacia la conformación de redes

Como respuesta a las limitaciones del Sistema de Salud en México por su fragmentación y segmentación, se han puesto en marcha políticas públicas de acceso universal que operan a través de convenios y acuerdos interinstitucionales, como las dirigidas a la atención de emergencias obstétricas. A través de un estudio de caso, se ofrece un panorama de las redes de servicios de salud en Chiapas dando cuenta de su infraestructura para determinar la resolutividad real de los establecimientos ante emergencias obstétricas y su condición para operar como red colaborativa. Se muestra que las instituciones públicas del sector salud dan un uso limitado o nulo a los acuerdos y convenios interinstitucionales. Se identifican las fortalezas y obstáculos en su utilización y se efectúan recomendaciones para optimizar los mecanismos de la atención obstétrica para las mujeres en Chiapas.

Better law‐making and the interinstitutional (dis)agreements: Some comments

AbstractThis work argues that there is no univocal interpretation of what regulatory policy is and pursues. Taking the strategy of the European Commission as a starting point only, it addresses more specifically the Union legislature's perspective, which, in a democratic decision‐making process, cannot compromise its autonomy. In the unique constitutional universe of the European Union, the “Better Law‐Making” agenda pursues an important additional objective: facilitating the very process of adopting legislation by means of interinstitutional conflict prevention mechanisms and through a common approach to interpretation and implementation of primary law. That is the main purpose of the Interinstitutional Agreements on the quality of legislation, which place them in the position of a sort of soft constitutional law.

Understanding the European Commission’s use of politicisation in the negotiation of interinstitutional agreements: the role of consultations and issue framing

ABSTRACT The negotiations that precede the adoption of EU interinstitutional agreements present relevant opportunities for political entrepreneurs to politicise the interinstitutional dialogue. This study asks when and how does the European Commission politicise the negotiations of EU interinstitutional agreements? Building on a classic model explaining the politicisation of EU at domestic level, the study argues that the Commission has incentives to politicise negotiations when these revolve around substantive agreements that propose relevant change, when it anticipates autonomy or power losses and opposition on behalf of negotiations counterparts. Politicisation is used as a tool for re-legitimisation with a view to strengthening the power to shape negotiation outcomes. Stakeholder consultations and issue framing are instruments used to deploy classic politicisation strategies of expanding publicity, the universe of actors and controversy. The study shows how the Commission politicised the negotiations of two most recent agreements on a mandatory Transparency Register and Better Law-making.

The Other Secret Deals with Mexico and the Expansion of Executive Bureaucracies

The United States of America and Mexico have one of the most complex diplomatic relationships in the world. Their interaction touches on every fiber of American life: security, trade, citizenship, pollution, employment, immigration, cross-border issues, cultural engagement, consular protection, financial cooperation, information sharing, etc. The multidimensional character of the interstate relationship is unmatched, yet legal scholars rarely study it. I argue that the complexity of the interaction has birthed a new form of international law that regulates the relationship through the unchecked expansion of letters of intent and memorandums of understanding (inter-institutional agreements). Between 2000 and 2019, U.S. and Mexican authorities signed more than 1,700 agreements. Parties to these agreements include officers from different federal agencies, state and municipal officers, universities, and thinktanks. These agreements are the heart and soul of the legal relationship between the U.S. and Mexico and outlive the cycles of politics. Treaties are no longer the standard for the U.S. and Mexico to collaborate, regulate their interactions, and face common problems. This article sets forth how State behavior is being driven by bureaucracies and their networks, demonstrating how international law operates in practice. Moreover, I argue that at present, regulation of the agreements and obligations between the U.S. and Mexico is inadequate and nearly inexistent, lacking proper congressional supervision by both countries.

Research-creation in doctoral theses of arts and design

This paper is a thematic review of research about development of doctoral theses with creative practices in arts and design. These thesis interest to researchers and academy by international debate about validity on method and generation of communicable knowledge in the research-creation. Goal is to study current research on doctoral theses in arts and design made through creative practices. Specifically, methods, searches and conclusions of researches that have addressed the problems of dissertations that assumed the research-creation are identified. To examine current panorama of problem, we resort to analysis of content in articles and research reports, with international, regional and national contributions. Each document identifies possibilities and difficulties of research based on creative practice in dissertations from around the world. Conclusions of this review highlight potential of creation as tool to obtain and process data in an arts or design research. Likewise, it highlights importance of transparent data registration as a methodological guarantee and need to maintain an academic structure for presentation of written texts. Finally it is observed that there are no orientations, norms or inter-institutional agreements about research-creation. In this sense, it is necessary to establish consensus to guarantee a fair evaluation among peers, to recognize results obtained and to evaluate relevance of knowledge reached in a dissertation based on the practice of art or design.

Internacionalización de las universidades mexicanas hacia Asia del Este

El artículo da cuenta del estado de la cooperación académica entre las universidades de México y de Asia del Este. Sitúa esa colaboración en el contexto de una cooperación académica internacional dependiente de Estados Unidos y de los países europeos centrales. Recurriendo a fuentes segundarias y a entrevistas, analiza la movilidad y la firma de convenios, por ser las dos actividades de internacionalización mejor documentadas. Se plantea que la cooperación México-Asia está en tránsito debido a su proceso de consolidación y al hecho de que ya no está fincada exclusivamente en los estudios de área, sino en los intereses de grupos académicos. Se argumenta que reforzar esas modalidades de cooperación universitaria especializada y disciplinaria permitiría diversificar los alcances de la cooperación académica internacional, robustecida en una perspectiva Sur-Sur, aunque eso implicaría superar obstáculos organizacionales, interculturales y estratégicos, así como déficits de institucionalidad.

Public Comments on the Proposed Common Rule Mandate for Single-IRB Review of Multisite Research.

We reviewed the public comments submitted in response to the Department of Health and Human Services' (DHHS's) original and revised proposal for mandated single-IRB review of federally funded multisite research to see who responded to the proposed mandate and to determine what they said and how the agency addressed the public comments in its revised proposal. Our analysis indicates that support for the single-IRB mandate was limited. The most common argument against the proposed mandate came from those concerned with the loss of site-specific institutional review board (IRB) review of the protocol for a multisite study to address issues relevant to local context. Concerns were also raised that the single-IRB approach would replace one inefficient system (that entails, for example, multiple reviews of a single study) with another potentially inefficient system (involving the negotiation and management of multiple interinstitutional agreements). Empirical research about the implementation of DHHS's final rule-and the separate rule of the National Institutes of Health-mandating single-IRB review is needed to determine whether the single-IRB model achieves the stated goals.

The legitimacy gaps of the European Semester: who decides, what and how

Cet article analyse la manière dont les institutions européennes ont tenté de résoudre les problèmes de légitimité du Semestre européen depuis sa première itération. L’article montre que depuis 2010 le Semestre a connu plusieurs adaptations tant de iure (suite à l’adoption du Two et Six Pack) que de facto, à travers des interactions et accords interinstitutionnels. L’article est organisé en trois temps : la première section présente le Semestre européen, mettant en exergue ses caractéristiques et les acteurs impliqués. La deuxième section passe en revue les problèmes de légitimité, alors que la troisième et dernière partie se penche sur l’évolution institutionnelle du Semestre comme résultat de l’évolution de sa base légale et des processus d’apprentissage, de négociation et de compromis entre les institutions européennes.

Status of the transition/transfer process for adolescents with chronic diseases at a national pediatric referral hospital in Argentina.

The shift of adolescents from a pediatric to an adult health care facility is a complex process. The objective of this study was to assess the transition/transfer process for adolescents with chronic diseases at Hospital Garrahan. Observational, cross-sectional, qualitative-quantitative study. Retrospective statistical data were obtained in relation to outpatient visits of patients aged 16-26; surveys and/or interviews were done with health care providers, adolescents, and family members from different follow-up programs. The prevalence of care provided to individuals older than 16 years was 7.2%. Surveys were administered to 54 attending health care providers, 150 patients (16-26.7 years old) and 141 family members. In addition, 45 health care providers with management functions were interviewed. Health care providers: 39% had received training on transition. All identified barriers and facilitators among the different participants and facilities. They recognized the importance of encouraging autonomy among their patients, but only 30% of them interviewed their patients alone, and 56.6% delivered medical reports. Strategies: the median age of transfer was 18 years (13-20); 62% had a protocol; 84% had an informal agreement with another facility; joint or parallel care: 49%; only 20% implemented a transition plan. Patients and family members: 4.7% of adolescents attended visits alone, and health care providers had asked 45% about their autonomy and preparation to take care of their health. Adolescents and their parents had feelings (mostly negative) regarding the process and identified facilitation strategies, such as receiving a summary, knowing the new facility, and having trained health care providers. The transition process for adolescents with chronic diseases is still deficient and approaching it involves health care teams and the families. A lack of formal inter-institutional agreements was identified, although there were more informal agreements among health care providers; besides, the need to encourage chronically-ill patients' autonomy was also determined. In relation to facilitation strategies, patients and parents mainly recognized the need to have a medical summary, health care guidelines, and trust in the new provider.

Not Worth the Net Worth? The Democratic Dilemmas of Privileged Access to Information

In this article, we discuss the democratic conditions for parliamentary oversight in EU foreign affairs. Our point of departure is two Interinstitutional Agreements (IIAs) between the Council and the European Parliament (EP), which provide the latter with access to sensitive documents. To shed light on this issue, we ask to what extent these contribute to the democratic accountability in EU foreign policy? It is argued that the IIAs have strengthened the EP’s role in EU foreign affairs by giving it access to information to which it was previously denied. This does not mean, however, that this increase in power equals a strengthening of the EP as a democratic accountability forum. First of all, both IIAs (even if there are differences between them) fail to maximise the likelihood that the plurality of views in the EP as a whole is reproduced. Secondly, and more importantly, the EU citizens are largely deprived of opportunities to appraise how their elected representatives have exercised their role as guardians of executive power.

Federalism and Foreign Affairs in Mexico: The International Negotiations of Mexican Sub-State Governments

This article analyzes the international negotiations of sub-State governments (inssg) in Mexico. It addresses five questions: 1) What factors explain the increasing number ofinssgs? 2) What is the impact of federalism oninssg? 3) What are the levels ofinssgand how have they changed over the years? 4) How do Mexican sub-State governments (ssg) institutionalize their international negotiations? 5) What are the perceptions and capacities of thessgin their internationalization process? The study explains the growth ofinssgdue to democratization, arguing that renewed Mexican federalism has generated incentives forssgs to participate more intensively in international negotiations. It analyzes the wide variation in theinssgand explains how it has evolved over the last decade. It focuses on the analysis of Inter-Institutional Agreements (iia) and explains the perceptions and capacities of Mexicanssgto conduct international negotiations.

Contextual and interdependent causes of climate change adaptation barriers: Insights from water management institutions in Himachal Pradesh, India

Research on adaptation barriers is increasing as the need for climate change adaptation becomes evident. However, empirical studies regarding the emergence, causes and sustenance of adaptation barriers remain limited. This research identifies key contextual causes of adaptation barriers in water institutions in the mountainous Himalayan state of Himachal Pradesh in northern India. Semi-structured interviews were carried out with representatives from twenty-six key governmental, non-governmental, academic and research institutions in the State with responsibilities spanning domestic water supply, irrigation and hydropower generation, environmental monitoring and research. It identified low knowledge capacity and resources, policy implementation gaps, normative attitudes, and unavailability and inaccessibility of data and information compounded with weak interinstitutional networks as key adaptation barriers. Although these barriers are similar to those reported elsewhere, they have important locally-contextual root causes. For instance, inadequate resources result from fragmented resources allocation due to competing developmental priorities and the desire of the political leadership to please diverse electors, rather than climate scepticism. The identified individual barriers are found to be highly inter-dependent and closely intertwined which enables the identification of leverage points for interventions to maximise barrier removal. For instance, breaking down key barriers hindering accessibility to data and information, which are shaped by systemic bureaucracies and cultural attitudes, will involve attitudinal change through sensitisation to the importance of accurate and accessible data and information and the building trust between different actors, in addition to institutional structural changes through legislation and inter-institutional agreements. Approaching barriers as a system of contextually interconnected cultural, systemic, geographical and political underlying factors enriches the understanding of adaptation enablers, thereby contributing to achieving a better adapted society.

CARÁCTER Y ALCANCE DE LOS ACUERDOS INTERINSTITUCIONALES EN EL SISTEMA JURÍDICO MEXICANO

The interinstitutional agreements are provided in the Act on the Conclusion of Treaties of 1992. A large part of the Mexican doctrine on international law makes a number of considerations will disagree with this article; for example, interagency agreements are: a Mexican version of the congressional-executive agreements; comparable to international treaties or in one way or another are regulated by international law; materials that can have any legal effect; etc. Also, we deal here to analyze the Bill on General Conclusion and Approval of Treaties, in order to establish whether this proposed law solves the problematic nature of existing laws on the subject or not.

European Parliamentary Oversight Behind Closed Doors

The lack of transparency in European Union (EU) decision-making and integration has been a long-standing concern in academic and public debate. Perhaps paradoxically, parliamentary oversight of executive power in the EU is also increasingly taking place behind closed doors. This closed oversight results from internal rule-making and interinstitutional agreements established by the European Parliament and executive actors without a public debate and is primarily aimed at safeguarding EU official secrets. This paper examines the role of the European Parliament in oversight in the context of EU executive secrecy. The paper argues that, although the European Parliament asserts its prerogatives for gaining access to EU official secrets, its current practice of closed oversight does not facilitate public deliberation. The European Parliament is yet to make serious efforts to develop its public deliberation function and, in doing so, to also bring attention to possible extensive secrecy practices.

Of One Shotters and Repeat-Hitters: A Retrospective on the Role of the European Parliament in the EU-US PNR Litigation

EU International Relations has long been an Executive and Member State-dominant domain. Yet while the European Parliament is now recently empowered in international relations, with information and veto rights, its rights are enhanced only modestly by Inter-Institutional Agreements. The European Parliament has a history of expanding the constitutional boundaries of its own powers through litigation but has made limited inroads into international relations. In non-legal accounts of EU-US relations, the Parliament is portrayed as having reached the height of its empowerment, no longer able to improve the substantive content of EU-US Agreements. However, the Parliament also secured the annulment of the EU-US PNR Agreement in 2006, taken in 2004, and has acted thereafter as political guardian of citizens’ rights. Currently, there is Parliament-initiated litigation ongoing to enhance the transparency of EU transatlantic relations.The EU-US PNR litigation represents one of one of the first major civil liberties challenges taken by the European Parliament. However, the case is not renowned for its victory on these grounds. Rather, there the Court annulled the controversial EU-US PNR agreement with sparse reasoning, and in the views of many, thereby enabled the US to avail of the legal fall-out and compel the EU to negotiate an even ‘worse’ deal.In the midst of the recent NSA surveillance saga, the European Parliament has sought to raise its voice and conduct an inquiry and meaningfully influence EU-US relations. Thus its specific legal powers in EU-US relations and its powers to object to and suspend international agreements have come to the fore again. This paper offers a retrospective look at this litigation taken in 2004, almost a decade ago and considers its legacy upon EU law, EU-US relations, institutional balance and the role of the European Parliament as litigator.