Preliminary Procedure Research Articles

Reluctance to Participate in the Preliminary Ruling Procedure as a Challenge to EU Law: A Case Study on Slovenia and Croatia

This paper aims to understand the non-referral behaviour of national judges and judicial motives behind the decision to submit or not to submit a preliminary question to Court of Justice of the European Union. The chapter builds on the labour market and resource management argument and posits that there is no one single explanation of the referral behaviour of national judges. The use of the preliminary ruling procedure by national judges is, instead, motivated and constrained by a broader set of factors. In line with the theoretical predictions, the results show that the decision to submit a preliminary question to Luxembourg is determined by the individual profiles of judges, litigants’ input, as well as by the factors deriving from the wider institutional setting in which judges operate.

Investment analysis of gas-turbine combined heat and power systems for commercial buildings under different climatic and market scenarios

The aim of the proposed work is to investigate the technical and economic suitability of a gas turbine combined heat and power system in commercial buildings. These systems are widely recognised as a promising technology to provide significant fuel savings and carbon emissions reduction where they have been widely used in industrial settings due to the relatively constant electrical and thermal loads required for industrial processes. However, their deployment has been relatively stagnant over the last few decades due to challenges such as poor planning and policy measures, energy market changes and regulatory barriers. In this context, a preliminary system design and optimisation procedure has been developed based on a sensitivity analysis of different scenarios of building loads, market and weather conditions. The optimisation is performed considering several technical and environmental parameters (e.g., energy and exergy efficiencies and primary energy saving), as well as economic indexes (e.g., net present value, pay-back period, profitability, etc.). This allows the suitability assessment of the investment for different market price scenarios under different heating degree days demand scenarios. The analysis is carried out using an Italian case study as it exhibits a wide range of heating degree days variability, while subject to a single pricing market. Results show that strong correlations occur between the technical and economic performance indices and the weather conditions for all considered configurations. The methodology and conclusions, if coupled with the possibility of applying clustering techniques to determine common patterns of energy consumptions in building blocks, represent a powerful toolset to carry out preliminary techno-economic assessment of a combined heat and power system.

Role of radiological-guided FNAC in intra-abdominal lesions

Introduction: Diagnosis of intra-abdominal lesions is mysterious many a times, especially deep-seated lesions. Confirmed diagnosis is essential for proper management. FNAC with radiological assistance helps to approach the lesion and obtain diagnostic material.Aims and Objective:1. To study the utility of radiological-guided FNAC in intra-abdominal lesions.2. To distribute the lesions according to anatomical site and categorization of these lesions as non-neoplastic/inflammatory, benign and malignant based on cytomorphological features.Material and Methods: A total of 82 intra-abdominal and pelvic lesions detected clinically or radiologically from January 2015 to December 2017 were included in the study. CT or USG guided FNAC was performed. H&E and Leishman stained slides were retrieved from archives of pathology department. Histopathological follow up was done, wherever available.Results: The mean age was 52.5years, with male to female ratio being 2.03:1. The diagnostic yield in CT-guided FNAC was 96.8% and USG guided FNAC was 94.2%. Out of 82 cases, 4 were unsatisfactory, 12 were non-neoplastic, 8 were benign, and 57 were malignant lesions. Liver was the most common organ followed by retroperitoneum and kidney. Hepatocellular carcinoma was the most common malignant lesion.Conclusion: Radiological-guided FNAC is simple, relatively quick and safe method in diagnosing intra-abdominal lesions and can be used as a preliminary procedure in management of intra-abdominal lesions.

Advocaten in Europa: vertegenwoordiging op het hoogste niveau?

Research on the significance of representation indicates that lawyers contribute to positive outcomes of legal procedures not only by their substantive expertise but also by the relational expertise they bring. The latter involves understanding how to navigate the relationships involved in getting work done. In this paper these insights are used to investigate the highly specific and atypical practise of the preliminary reference procedure in the European legal system in order to reveal how lawyers deal with such an unexpected change of (legal) context. The empirical data, collected through semi-structured interviews with twenty-eight lawyers with past experience with the procedure, reveals the significant ways in which lawyers’ positive contribution to such cases is undermined by their lack of both substantive and relational expertise in pleading a case before the European Court of Justice. The fact that such cases do not necessarily fall into the hands of the professionals best equipped to plead such disputes before the Court, and the inability of the less well-off parties in particular to hire further expertise, points in the direction of a disadvantaged position for this group of litigants in having their interest represented effectively at the European level.

Calibration and Characterization of a Magnetic Positioning System Using a Robotic Arm

In this paper, a robotic arm moving along a user-defined trajectory is used to calibrate a short-range magnetic positioning system (MPS). Such system estimates the position and attitude of an active transmitting coil by measuring the induced voltage on a set of fixed receiving coils, with known position and orientation. This estimate is obtained by solving an optimization problem that can be decomposed into a linear and a reduced nonlinear problem. Then, a Kalman Filter is used to process the estimated positions and obtain smooth trajectories. Data acquisition and processing are performed in real time by the MPS. In this context, the robotic arm is used to provide ground truth, i.e., to move the active coil along a known trajectory, while simultaneously the MPS estimates the position of the active coil. Such ground-truth information is then used to calibrate the MPS and improve its accuracy. To align the robotic arm with the MPS, a preliminary calibration procedure of the robot is performed. Then, a wide ground-truth trajectory is used to estimate the calibration parameters of the MPS itself, namely, the positions and orientation of the fixed coils. To validate the efficiency of the calibration procedure, the accuracy of the MPS is evaluated across several trajectories. The results show that the mean positioning error is less than 3 mm. Finally, an on-the-fly calibration method simultaneously estimating positions and attitudes of both the active coil and all the receivers is investigated.

Dual Remedy Against State Aid Decisions · Case C-135/16 Georgsmarienhütte · Annotation by Rene Brunner

On 25 July 2018, the Court of Justice of the European Union handed down a ruling on the admissibility of the request for a preliminary ruling on the validity of a Commission Decision where the applicants in the main proceedings did not bring an action for annulment against that Decision before the General Court. The judgment Georgsmarienhütte re-evaluates the interrelationship between the action for annulment and the preliminary reference procedure and is, in essence, a reiteration of the TWD doctrine established already in 1994. Keywords: Action for annulment; Preliminary ruling procedure; Dual remedy; Parallel proceedings; National courts; TWD doctrine.

Animal species recognition in the wildlife based on muzzle and shape features using joint CNN

Monitoring of animal behavior in the wild supposes the reliable techniques for their species recognition using, mainly, visual data captured by camera traps. In this paper, we propose to extent Convolutional Neural Network (CNN) VGG by three branches, two of which are VGG16 for the muzzle and part of shape recognition and one is VGG19 for the whole shape recognition. A necessity of such branched CNN structure is caused by great variety of the animal poses fixed by a camera trap. Also, here we met with an objective problem of the unbalanced dataset due to different behavior of animals in nature. Preliminary categorization procedure of images helps to obtain better recognition results. Experiments were conducted using the dataset obtained from Ergaki national park, Krasnoyarsky Kray, Russia, 2012-2018. The joint CNN shows good accuracy results on the balanced dataset achieving 80.6% Top-1 and 94.1% Top-5, respectively. In the case of the unbalanced training dataset, we obtained 38.7% Top-1 and 54.8% Top-5 accuracy.

A physical-based interpretation of mechanism and kinetics of Cr(VI) reduction in aqueous solution by zero-valent iron nanoparticles

The aim of this paper is to show the results obtained by investigating the reduction of hexavalent Chromium [Cr(VI)] by iron nano-particles in aqueous solution, interpreted in light of the particle-grain model. The diffusional and geometric parameters that govern and describe the reacting system were estimated from the evidences deriving from the characterization and the experiments conducted, allowing assumptions based on physical principles. Such procedure rendered the particle-grain model a valid choice for the interpretation of the results obtained. The model, used in its dimensionless form, was tested according to a preliminary procedure aimed at analyzing the sensitivity of the system, by varying within wide ranges the ratio between the reaction rate, the diffusive mass transfer rate, and the particle-grain radius, to show how reliable its potential application may be. Subsequently, a non-linear regression procedure was used to estimate the two main parameters of the model that affect the reduction process: (i) the diffusion coefficient within the solid layer produced along with the reaction, Dpc (6.02 E-13 m2 s−1), and (ii) the kinetic constant of the surface reaction, kc (0.21 m s−1). The values found for the parameters were perfectly in line with theoretical considerations and experimental evidences.

CERTAIN CONSIDERATIONS ON THE “DESTINY” OF THE PRELIMINARY CHAMBER INSTITUTION IN THE CURRENT LEGAL FRAMEWORK

The preliminary chamber is a stage preceding the ruling on the merits of the case. By regulating this institution, the purpose of the Romanian legislator was to eliminate the possibility to raise certain causes of unlawfulness of the criminal prosecution acts carried out during the trial phase. The aim of this scientific research is to highlight certain aspects concerning the purpose of the preliminary chamber procedure, while also militating for its maintenance in the Romanian Criminal Procedure Code.

Hexagrid-Voronoi transition in structural patterns for tall buildings

In this paper, a first insight into the role that non-conventional structural patterns might play in the design of tall buildings is presented. The idea is to explore the mechanical properties of selected non-conventional structural patterns, in the form of both regular (Hexagrid) and irregular (Voronoi tessellation inspired) arrays, in order to assess their actual applicability in tall building design. For this aim, the concept of Representative Volume Element (RVE) and a classical homogenization-based micromechanical approach are employed for identifying the pattern units and deriving the relevant generalized stress-strain relationships. In the case of irregular patterns based on Voronoi diagrams, obtained by perturbing prescribed key geometrical features of hexagrids, a statistically significant sample of RVEs is defined on the basis of sensitivity analyses, and the related mechanical characterization is developed in statistical terms. Finally, a preliminary stiffness-based design procedure is proposed and applied to a tall building model with Voronoi exoskeleton. In conclusion, a discussion on the effectiveness of the design procedure and on the structural efficiency of the Voronoi patterns for tall buildings is presented

Toward fully anisotropic viscoelastic material models using an automated high-speed optical rig

This paper describes some of the algorithms that are employed in the postprocessing of the data obtained from an automated high-speed optical rig. The setup, entirely designed by some of the authors, is used for measuring the full field displacement in time of anisotropic viscoelastic solids undergoing controlled dynamic excitation. The setup main goal is to provide complex transfer functions relating the three-dimensional sinusoidal displacement on the surface of the sample to the sinusoidal motion of the foundation, suitable for the inverse estimation of the dynamic properties of the material under analysis. The complete automation of the measurement process aims at maximizing repeatability and signal-to-noise ratio. In particular, a stereo high-speed camera system is responsible for the actual measurement, while a laser Doppler vibrometer is used for a preliminary autoranging procedure and for data validation.The camera system does not directly output the high-quality data that is needed for a successful, physically meaningful inverse estimation. Hence, here the algorithms described in this paper come into play. Since digital image correlation (DIC) may fail in some frames or in some regions of the pictures, a mask is applied and calculated for every measurement run to preserve information only where the success rate of the DIC algorithm is higher than a specified threshold. The sample is mounted on a foundation whose sides are flat: random sample consensus (RANSAC) and principal component analysis (PCA) are used to respectively eliminate outliers and find the best fitting plane to the foundation side – the measured displacement field can then be expressed in a local coordinate system, truly relative to the foundation. The transfer functions are now obtained in two steps: first an optimizer is used to fit a cosine to all the measured displacement time-series, then the complex amplitudes representing the motion of the sample faces are divided by the average of the complex amplitudes representing the motion of the foundation.

The Preliminary Ruling Procedure in a Nearly Six Decades Perspective

The Preliminary Ruling Procedure in a Nearly Six Decades Perspective

Seismic Performance of the Buckling-Restrained Brace Central Buckle for Long-Span Suspension Bridges

In this paper, a novel central buckle composed of buckling-restrained braces (BRBs) is developed for long-span suspension bridges, and its preliminary design procedure is presented. Seismic performance of suspension bridges equipped with BRB central buckles is investigated and compared with those with conventional central buckles (e.g. rigid or flexible central buckles). Furthermore, the effect of BRB yield force, as well as the effectiveness of BRB central buckles combined with viscous dampers, is evaluated using parametric analyses. The results indicate that the BRB central buckle is more effective than other central buckles in reducing both the longitudinal girder displacements and force demands on towers during an earthquake. Furthermore, the combination of BRB central buckles and viscous dampers is a superior option for mitigating the seismic response of long-span suspension bridges.

Numerical study of the behavior of magnesium alloy AM50 in tensile and torsional loadings

In this work, a numerical simulation of the behavior of the magnesium alloy AM50 in tension and torsion is performed. Preliminary experimental procedures were carried out in order to determine the material characteristics and the stress–strain response. Based on the experimental data, three material models were developed: linear elastic with isotropic plasticity, linear elastic with Johnson–Cook hardening and the Ramberg–Osgood model and their accuracy and computational time were investigated.

Topographical study of the connections of the rami communicantes from the first to the fifth thoracic sympathetic ganglia.

This study investigated the morphological variations and histological patterns of the rami communicantes (RCs) arising from the first to the fifth thoracic sympathetic ganglia, and considered the clinical significance of these variations. Fifty upper thoracic portions from 26 adult Korean cadavers were used in this study. There were 731 RCs arising from the first to the fifth thoracic sympathetic ganglia. They were classified into three types depending on the connection between the sympathetic ganglion and the intercostal nerves: in type I, the RCs connected the ganglion to the corresponding intercostal nerve, and in types II and III, respectively, they connected it to the nerve one level above or below the corresponding intercostal nerve. Some RCs of types I and II could not be observed without additional preliminary surgical procedures. Diverse combinations of RC types arose from the first to the fifth thoracic sympathetic ganglia, combinations of types I and III being the most common (70%) in the first sympathetic ganglion and those comprising only type I being most frequent in the other ganglia. The RCs could not be identified by the naked eye in either fresh or fixed cadavers, so they were confirmed on the basis of their histological appearance. These results are expected to improve knowledge of morphological variations of the RCs in the upper five thoracic sympathetic ganglia, and to provide helpful information for clinical management in this region. Clin. Anat. 31:1151-1157, 2018. © 2018 Wiley Periodicals, Inc.

Criminal Investigation Procedures in IT Crimes In accordance with UAE legislation: إجراءات التحقيق الجنائي في جرائم تقنية المعلومات وفقًا للتشريع الإماراتي

This study dealt with the subject of the legal framework for the procedures of investigating the crimes of information technology in accordance with UAE legislation by reviewing the procedures of the police officers during the period of gathering the inferences and the preliminary investigation procedures conducted by the Public Prosecution to combat IT crimes. The legal problems and challenges facing the investigation of such crimes, and to determine the appropriateness of traditional criminal investigation methods in the field of information technology crimes. The study relied on the analytical description of the relevant laws and laws The study concluded with a series of results, the most prominent of which is that IT crimes require judicial officers to have a reasonable degree of culture in the field of IT systems so that they can initiate the procedures for collecting inferences, UAE Code of Criminal Procedure to the rules of control in the crimes of information technology is satisfied with the general rules for the control of crimes. The study also reached a number of recommendations, the most important of which is the need to subject the investigation bodies responsible for combating information crimes to specialized training that enables them to understand the contents of the communications related to the crimes of information technology and to assimilate crime scene data and to deal with the evidence obtained from the electronic means.

Analysis of half-wavelength transmission line under critical balanced faults: Voltage response and overvoltage mitigation procedure

This paper presents a detailed study of half-wavelength (HWL) transmission line system under critical fault conditions. This non-conventional ultra high voltage alternating current (UHVAC) transmission line has excellent properties in steady-state operation condition and economic advantage when compared to conventional UHVAC system and even high voltage direct current (HVDC) transmission systems for similar power capacity. This technology has been studied for many decades and its response under condition fault is an important topic. First, the point of fault and the type of fault conditions are evaluated to confirm that balanced faults in specific regions are critical. Then the main characteristics of voltage response of HWL transmission system under balanced fault are presented and critical regions that produce severe overvoltage are identified and main transient characteristics are described. Finally, a preliminary mitigation procedure is shown and its performance is evaluated.

(Just) Give Me A Reason …

Judicial systems often wrestle with whether to sacrifice always presenting thorough judicial reasoning for the sake of an effective leave-to-appeal system. The paper outlines issues of reference to the Luxembourg Court, particularly with regard to Estonian circumstances in light of the ECtHR judgment in Baydar v. the Netherlands. The interplay between EU law and the European Convention on Human Rights in this regard is considered first, along with the importance of giving reasons, courts’ authority, the different roles of domestic and European courts, the duty of referring questions to the CJEU and exemption, consequences of non-referral in EU law, the Strasbourg Court’s role in dialogue between national courts and the CJEU, etc. Examined next are such matters as influences on preliminary references in European Union law, summary reasoning and limits to the reasoning duty (especially with regard to the Ullens de Schooten case of the ECtHR), associated division of competencies between the Strasbourg and Luxembourg courts, and finally the reasoning of the ECtHR itself as good or bad example. The author then considers the Supreme Court of Estonia’s leave-to-appeal system and the national courts’ practice in relation to Baydar, concluding that, while reasoned judgments are important and a right, no right exists for the applicant’s case to be referred by a domestic judge to the Luxembourg Court, though it is vital that summary judgment not be arbitrary / manifestly unreasonable; that Estonian courts have made reasonable use of the preliminary reference procedure before the Luxembourg Court thus far; and that they should articulate well the reasoning for referral/non-referral for litigants. The author proposes that the Estonian Supreme Court explain, exceptionally in one refusal of leave to appeal (cf. the Netherlands), that the general requirements for granting leave to appeal cover also the situation of preliminary questions to the CJEU and C.I.L.F.I.T. arguments of the CJEU. Above all, neither the interplay between EU law and the European Convention on Human Rights nor the role of national courts finding their way in complex legal surroundings should be neglected.

A preliminary multidisciplinary design procedure for tactical missiles

During missile system development, multidisciplinary design procedure is iteratively implemented based on the missile objective and target nature including internal ballistic, warhead function, and airframe configuration. By applying missile preliminary design, a good estimation for different design parameters can be obtained which will be useful through further detail design process. The aim of this paper is to build a preliminary design procedure for an unguided tactical missile that uses single-stage solid propellant motor to deliver a defined payload mass to a desired ground range. Based on data of available similar mature missile systems, two empirical formulas are developed to serve in the initial sizing of the missile with consideration of slenderness ratio, warhead mass, and desired ground range. Two different design concepts are implemented for tubular and star grains with different propellant compositions and chamber filling coefficients while the body-alone airframe configuration is adopted. The results demonstrate the capability of the proposed design procedure in defining the detailed design parameters. The impact of changing the propellant compositions and chamber filling coefficients on the obtained ground range is also explored.

Evaluation of the Elastic Properties of Highly Porous Alumina Foams using Finite Element Analysis

In this work, a two-dimensional approach is considered in the evaluation of the elastic properties of an alumina foam exhibiting a porosity of around 87%. Preliminary experimental procedures were performed for the determination of the Young’s modulus. The stiffness was evaluated with the help of microstructural models consisting of regular structures composed of tessellated patterns of different cell shapes (hexagons, circles, octagons/squares). The experimental data was compared with the numerical results.