Social Sciences and Law

A 21. század első két évtizedében zajló globalizáció hatásai új folyamatokat indítottak el vagy erősítettek meg a felsőoktatás területén is. A tanulmány a felsőoktatási globalizáció és a nemzetköziesedés fogalmának párhuzamos keresésével jut el az új kutatási irány fő kérdésfeltevéseihez. Összegezi az eddigi kutatások tapasztalatait a globalizáció társadalmi, akadémiai és oktatási hatásairól. Két erős elemet emel ki: egyfelől a felsőoktatás felelősségét a világban tapasztalható társadalmi, gazdasági és oktatási különbségek gyors növekedésében, másfelől a neokolonializáció veszélyét a kultúra területén. Foglalkozik a globalizáció, a regionalizáció és a lokális szint kapcsolódásaival, továbbá bemutatja a világ nagyrégióiban zajló folyamatok fő vonásait. Mindezekhez alapvető keretet adnak a felsőoktatási képesítések kölcsönös elismerését biztosító egyezmények és – új elemként – a globális szintű egyezmény.

Abstract

Constitutional identity has been viewed with suspicion by a number of orthodox EU law scholars. That suspicion is understandable in the light of the German approach to the issue of constitutional conflicts. The Bundesverfassungsgericht, which often sets the tone among constitutional courts in Europe, indeed tends to solve those conflicts on the sole basis of the Basic Law, with little consideration for EU law, thereby discrediting constitutional identity. This paper aims to show, against a background of comprehensive constitutional pluralism, that the German approach is not exclusive of more reasonable approaches by other constitutional courts, as witnessed in relation to the French and the Italian courts. It is on the basis of a pluralist reading of Article 4(2) TEU, as the EU law provision on the basis of which certain core elements of the national constitutions can be reasonably accommodated, that those constitutional courts have either devised constitutional identity or engaged with the CJEU within a shared constitutional framework that defines both the argumentative and substantive limits of constitutional identity. In so doing, far from representing a failure of constitutional pluralism, those constitutional courts stretch the latter to its ultimate limits in a way that has not yet been experienced.

Abstract

This paper aims to detect the motivations, structures, and conditions that both promote and hinder commitment and buy-in regarding the implementation of restorative practices in schools. In addition, the components that contribute to the long-term sustainability of the restorative idea in school settings are also identified. The article summarizes the ideas and experiences of the trainers at the International Institute for Restorative Practices who were interviewed within the framework of a research programme. These trainers were responsible for providing professional development for middle and high schools in many states of the United States. As the author concludes, without thorough assessment of implementation readiness, professional development may fail and the restorative idea does not take root in schools.

Abstract

Although constitutional identity is nowadays invoked by European states primarily against the extension of the powers of the EU institutions, it can also be understood as a substantive concept of national constitutional law. This article deals with constitutional identity as a normative constitutional concept. In this respect, the problem is the same as that which arises in the relationship between EU law and domestic law: namely, its fundamental indeterminacy and the possible arbitrariness of its application. The author argues that, therefore, constitutional identity can only be plausibly invoked if satisfactory answers can be given to the questions of exactly whose identity it is, what its source is, who and how its content may define, and what the constitutional function of this category is. The second part of the study examines the Hungarian constitutional identity according to this analytical framework, and concludes that, although its subject is the Fundamental Law, its definition, content and constitutional function are unclear and contradictory. Consequently, the current concept of constitutional identity in Hungary raises a number of problems for which no plausible answers have yet been found, and it is highly doubtful whether the doctrinal and practical difficulties related to it can be resolved at all.

Abstract

The notion of ‘identity’ once seemed perfectly obvious and applied mainly to individuals. A spectacular evolution of the notion could have been considered in recent years. In the social sciences where it was associated with the notion of group but, after having invaded the public debate, it has now reached the law domain. It now appears in the debates and even the decisions of the constitutional courts of the member states of the European Union. This is a general movement which is part of a climate in which, to varying degrees, there is expressed dissatisfaction with regard to the operation of the institutions of the Union and, more particularly, their mode of creation of law, as soon as it benefits from the principle of primacy affirmed by the Treaties.

The purpose of this article is to gather and evaluate the information available through the various case law and comments, in order to better clarify the notion of constitutional identity and assess its effectiveness. The concept remains contested, and its use has not yet resulted in significant consequences, but its study is an opportunity to suggest improvements in the dialogue between the constitutional courts and the Court of Justice of the European Union; to also ask whether the notion of ‘constitutional identity’ could not be a valuable tool in redefining the relationship between the Union and the Nations that compose it.

Abstract

The notion of Constitutional Identity has attracted much scientific interest. However, it obscures, sometimes in a reductive manner, another legal reality: the existence of other identities, such as national, linguistic, and collective identities. Indeed, a reading of constitutions and constitutional court's decisions in Europe reveals a complex and evolving system of identities behind Constitutional Identity.

This paper argues that identity is not just a political argument but also a legal and normative one. From a constitutional law perspective, two main categories can be distinguished: a real identity existing prior to the constitutional norm, and a fictitious identity subsequent to the constitutional norm. These identities are interdependent and are linked to each other; the constitutional courts referring to Constitutional Identity in order to maintain this interweaving. Therefore, Constitutional Identity plays an argumentative function and, by determining the interpretation of constitutional norms and the meaning of constitutional concepts, it gives birth to different forms of constitutionalism in Europe.

Összefoglalás.

A növényi beporzást sok esetben segítik a beporzók, hozzájárulva a termés- és magképzéshez, szaporodáshoz. Ezzel a beporzók ökológiai és gazdasági értelemben is kiemelt fontosságú szerepet játszanak az emberek életében, környezeti, élelmezési, anyagi és egészségi biztonságuk vonatkozásában egyaránt. Az állati beporzás a zárvatermő virágos növények 87%-át érinti, ami a szárazföldi vegetációt alapjaiban meghatározza. Ebbe a körbe tartozik a termesztett növények háromnegyede is, így a mezőgazdasági termelésben játszott szerepük mind mennyiségi, mind minőségi értelemben kiemelkedő. Közvetlen kihatással vannak az emberi egészségre, létfontosságú vitaminok, ásványi anyagok biztosításával. A beporzók megőrzése, hanyatló trendjeik megállítása ezért az emberiség elemi érdeke, mind hazai, mind globális vonatkozásban.

Summary.

Pollinators, including wild and managed bees, hoverflies, diurnal and nocturnal butterflies, wasps, bugs, other insects, birds and mammals play an important role in the reproduction, seed and fruit production of most dicotyledonous plant species, including three-quarters of the cultivated plants. Through their pollination as an ecosystem service their ecological and economical importance is enormous, and has a key role in human safety regarding food, health, finances and the environment. Animal pollination can be only partially or essentially needed by a plant species to reach its optimal fruit or seed quality and quantity. The pollinator related wild plants are important elements of the terrestrial ecosystems, providing our environment safety through elemental material circles. However, the foraging and nesting resources they need are limited in managed ecosystems, such as intensive agricultural or industrial landscapes. Pollinators contribute to the production of the majority of cultivated plants at a certain extent, including such economically important crops like sunflower, oilseed rape, apple, cherry, water melon, etc. Their direct contribution to global food production seems to be low, only 5-8%, but this share in human diet ensures such nutrients, vitamins and minerals that are essential for health development and life. Furthermore, besides the physical health, pollinators play a key role in mental health as well by the provision of diverse and flowering environment, enjoyed by any outdoor activities. Unfortunately, populations of many wild pollinator species decline worldwide and high proportion of honeybee colonies are lost from time to time in several regions. The main drivers behind these declines are habitat loss and change caused mainly by agricultural intensification and urbanisation, climate change, invasion, pests and pathogens and pesticide use. To halt these declines overwhelming strategies are needed at local, national, regional and global level. The EU Pollinator Strategy and the Biodiversity Strategy for 2030 sets ambitious targets for pollinator conservation, initiating among others an EU level pollinator monitoring program, that is under test phase. These actions might have the chance to reverse the pollinator decline and maintain pollinators and pollination services, however, only in the case of real actions with joint effort of scientists, decision makers and the public.

Abstract

Constitutional identity appears as an increasingly frequent argument in the case law of constitutional courts in Europe. For many authors, it is a way to initiate dialogue with the European Union on equal terms. In this article, we argue that dialogue is not always a source of harmony, because the terms of the interaction are not exactly the same in Luxembourg and in the member states of the European Union. The Court of Justice of the European Union interprets the national identity of the member states in a way that is not always similar to the content given by the States to their constitutional identity. As a consequence, constitutional identity may allow the Member States to strengthen the specificity of their constitutional rules and, in turn, weaken the unity of European constitutionalism. Far from being an Esperanto, constitutional identity rather appears as the new legal Babel in Europe.

Abstract

In its ‘refugee quota decision’ of 2016 the Hungarian Constitutional Court (HCC) ‘invented’ its competences of ultra vires, sovereignty and constitutional identity controls. The sword of constitutional identity (CI) has been forged against foreign – first of all – EU law. In the development of the new concept the interplay between the Government, the Government-dominated parliament and the Constitutional Court loyal to the Government seems to be evident. The textual analysis of the relevant HCC's decisions proves that the Hungarian Constitutional identity (HCI) contains legal acts in force – including the Fundamental Law (constitution) and the Founding treaties of the EU -, legal acts ‘not in force but valid’ and activities related to the fight for independence of the Hungarian State.

As far as the nature of the HCI is concerned, the article demonstrates the strong relationship with sovereignty control, and the ‘historical constitution’ and emphasises the HCC's statement according to which the CI is not created by the constitution, it is merely acknowledges it.

Given the large number of elements identified as part of the HCI, its openness to the inclusion of further elements, and the questionable nature of the HCI, the author submits that the concept is inappropriate for any meaningful constitutional review.

The HCC – at least until now – despite being invited to do so, has refused to use the sword against EU secondary law and the judgment of the European Court of Justice, and avoided overt constitutional conflict. However, this does not mean that the HCC is ready to enter into sincere dialogue with the court in Luxembourg.

Összefoglalás.

Célkitűzés: Miosztatin (MSTN) genotípusok összefüggés-vizsgálata izomfejlődéssel és cardiovascularis paraméterekkel angol telivérekben.

Módszer: Három, MSTN-genotipizált csoportban echokardiográfiát és izomultrahangot végeztünk. Adatainkat SPSS 15.0 szoftverrel elemeztük.

Eredmények: A C/C csoport mért izomvastagságai 22,08 (p = 0,004) és 12,24 (p < 0,001) %-kal; a cardiovascularis rendszeré 6,33 (p = 0,015), 6,03 (p = 0,011) és 6,72 (p = 0,014) %-kal magasabb volt, mint a T/T genotípusnál. Pearson-féle R: anconeus pólyahossz r = 0,460; triceps r = 0,590; aorta Valsalva-öböl diasztolé r = 0,423, szisztolé r = 0,450, billentyűk síkjában szisztolé r = 0,462.

Következtetések: Az eredmények hozzájárulnak a galopplovak hatékony tréningmódszereinek kidolgozásához, így jelentősen befolyásolható eredményességük.

Summary.

Background: The myostatin gene (MSTN; g.66493737) C/T polymorphism has great influence on the development of the muscles and the rates between the types of muscle fibers as well as cardiovascular performance in thoroughbred horses. Consequently MSTN gene decisively determines the optimal race distance and racing ability in thoroughbreds through the muscle development regulation. A more detailed understanding of these genetic attributions and their associations leads us to be able to maximise the athletic potential of thoroughbreds.

Objective: In this paper the relationships were investigated between the MSTN genotypes and muscle development or the main cardiovascular parameters which affect or define the cardiac performance of thoroughbreds.

Methods: Ultrasonography and echocardiography was performed on each individual selected for our study. Sixty-six thoroughbreds were applied in each measurement (22 of each genotype, C/C, C/T and T/T). All of them participated at different races or were trained at the same time in Hungary. A portable MyLab™ ultrasound system (Alfa-Vet, Animal Healthcare Ltd.) was used for the measurements. To investigate the development of the candidate muscles the size of the anconaeous and triceps brachii muscles were used as indicators. The length of the mentioned muscles was given by the size of the total length of the muscle fascia (m. fasciae anconeus and m. fasciae triceps brachii). Thickness was measured at the largest anatomical diameter of the muscles. To characterize the cardiovascular system, the diameter of the Valsalva sinus of the aorta was measured at the end of diastole and systole, respectively, as well as the diameter of the aorta in the plane of the semilunar valves. The data were analyzed with the SPSS 15.0 for Windows software. Homogeneity of variance between groups was checked with Levene’s test and multivariate analysis of variance was used to determine the correlations between the measured variables and the myostatin genotypes.

Results According to our measurements relationship was detected between individual myostatin genotypes, muscular development and cardiovascular parameters of the thoroughbreds. The muscle thickness and fascicle length of group C/C of MSTN showed significant differences compared to group T/T. Aortic diameter at the sinus of Valsalva (end-diastole and end-systole) and aortic diameter at the valve (end-systole) also indicated significant differences between C/C and T/T genotypes too. The thickness of the two muscles (anconaeous and triceps brachii) in the group C/C was 2.08 (p=0.004) and 12.24 (p<0.001) % higher; and of the parameters of cardiovascular system were 6.33 (p=0.015), 6.03 (p=0.011) and 6.72 (p=0.014) % greater, respectively, than in the T/T genotypes.

Conclusions: The results contribute to a better understanding of the effects of MSTN genetic variations on phenotypes, which help to develop new, effective training methods for racehorses in order to prepare them for their best race distance according to their genotypes. Thus, the competitive performance and racing ability of thoroughbreds can be improved significantly.