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Morphological characterization of vegetation by real-time three-dimensional transesophageal echocardiography in infective endocarditis: Prognostic impact.
Vegetation size is a prognostic predictor in infective endocarditis (IE) and guides surgical management. The aim of this study was to evaluate the accuracy of real-time 3-dimensional transesophageal echocardiography (RT3DTEE) compared to 2DTEE in the diagnosis and characterization of vegetation, as well as its potential clinical impact. Two hundred and three consecutive patients with IE were recruited (2009-2016) and retrospectively analyzed. Vegetation diameters and area from 68 patients were measured by 2DTEE and RT3DTEE at admission. The association between size and systemic embolisms was evaluated with logistic regression models. Differences in the discriminative power for the best dimensions' cutoff points were assessed by comparing the area under the ROC curves (AUC). Vegetation size and area were larger by RT3DTEE (P < 0.001) than by 2DTEE, and RT3DTEE was especially relevant in the characterization of nonfiliform vegetation, Morphology was strongly associated with friability, being sessile vegetation less likely to embolize, compared to filiform and raceme-shaped ones (15.4% vs 46% vs 50%). Major diameter by RT3DTEE had better embolic predictive performance than 2DTEE (AUC 0.76 [0.57-0.89] vs 0.71 [0.53-0.86]; P = 0.611). The best cutoff points associated with embolic events during the infection were 17 mm for RT3DTEE and 15 mm for 2DTEE. Based exclusively on vegetation size, the proportion of patients meeting a surgical indication according to current guidelines is higher using RT3DTEE. RT3DTEE allows a better characterization of IE vegetation than 2DTEE, what may have a clinical impact on surgical management and also prognostic due to a more accurate prediction of embolic risk.
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{
"pile_set_name": "PubMed Abstracts"
}
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Holding hands.
The winner of AAHP's National Exemplary Practice Program Award shares how it guides women through the complicated world of breast cancer detection and treatment.
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{
"pile_set_name": "PubMed Abstracts"
}
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The nucleotide sequence of the puf operon from the purple photosynthetic bacterium, Rhodospirillum molischianum: Comparative analyses of light-harvesting proteins and the cytochrome subunits associated with the reaction centers.
The nucleotide sequence of the puf operon of the purple bacterium, Rhodospirillum molischianum, was determined. The operon includes genes coding for the β and α subunits of the light-harvesting 1 (LH1) complex and the L, M, and cytochrome subunits of the reaction center complex. As in other purple bacteria, the genes are arranged within the operon in this order. As in Rubrivivax gelatinosus, the deduced amino acid sequence of the cytochrome subunit in Rsp. molischianum contains significant deletions at the attachment site to the M subunit compared with that of Rhodopseudomonas viridis. This suggests that the interaction between the cytochrome subunit and the LM core in Rsp. molischianum and Rvi. gelatinosus is different from that in Rps. viridis. Phylogenetic analysis of the light-harvesting proteins indicated that the LH1 α and β subunits of Rsp. molischianum are included in the lineage of LH1 polypeptides of the purple bacteria, while the LH2 α and β subunits are positioned apart from LH2 polypeptides of the other purple bacteria together with those of Chromatium vinosum. Based on these phylogenetic analyses, the classification of the light-harvesting proteins in purple bacteria is discussed.
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{
"pile_set_name": "PubMed Abstracts"
}
|
---
abstract: 'The high velocity gradient observed in the compact cloud CO-0.40-0.22, at a projected distance of 60 pc from the centre of the Milky Way, has led its discoverers to identify the closeby mm continuum emitter, CO-0.40-0.22\*, with an intermediate mass black hole (IMBH) candidate. We describe the interaction between CO-0.40-0.22 and the IMBH, by means of a simple analytical model and of hydrodynamical simulations. Through such calculation, we obtain a lower limit to the mass of CO-0.40-0.22\* of few $10^4 \times \; M_{\odot}$. This result tends to exclude the formation of such massive black hole in the proximity of the Galactic Centre. On the other hand, CO-0.40-0.22\* might have been brought to such distances in cosmological timescales, if it was born in a dark matter halo or globular cluster around the Milky Way.'
author:
- |
A. Ballone$^{1}$, M. Mapelli$^{1,2,3}$, M. Pasquato$^{1}$\
$^{1}$INAF, Osservatorio Astronomico di Padova, vicolo dell’Osservatorio 5, I-35122 Padova, Italy\
$^{2}$Institute für Astro- und Teilchen Physik, Universität Innsbruck, Technikerstrasse 25/8, A-6020 Innsbruck, Austria\
$^{3}$INFN, Milano Bicocca, Piazza della Scienza 3, I-20126 Milano, Italy
bibliography:
- 'mylit.bib'
date: 'Accepted XXX. Received YYY; in original form ZZZ'
title: 'Weighing the IMBH candidate CO-0.40-0.22\* in the Galactic Centre'
---
\[firstpage\]
black hole physics – Galaxy: centre – ISM: clouds
Introduction {#intro}
============
Intermediate-mass black holes (IMBHs), with masses $M_{BH}=10^2\div 10^5 \; M_{\odot}$, represent an “hollow” in the mass distribution of detected black holes. Yet, they might even be the missing link between stellar mass and supermassive black holes.
The LIGO and VIRGO interferometers have indeed first detected the formation of dark objects at the very low end of the IMBHs mass range, by merging of binary stellar mass black holes [@Abbott16a; @Abbott16b; @Abbott17a; @Abbott17b; @Abbott17c]. Indeed, IMBHs might be forming by runaway merging of massive stars in the very dense centre of young massive star clusters [e.g., @Colgate67; @Ebisuzaki01; @PortegiesZwart04; @Freitag06; @Giersz15; @Mapelli16], by runaway tidal capture of stars by stellar mass black holes [@Miller12; @Stone17], through repeated mergers of stellar black holes in globular clusters [@Miller02; @Giersz15] or by accretion of stars and compact objects in the disks of active galactic nuclei [@McKernan12]. Other possible origins involve the direct collapse of high-mass Population III stars [e.g., @Fryer01; @Madau01; @Schneider02; @Spera17] or collapse of pristine, metal-free gas in high-redshift dark matter halos [e.g., @Bromm03; @Begelman06; @Lodato07; @Shang10; @Agarwal12].
Several possible additional hints of the existence of IMBHs come from the study of kinematics of the central stars and millisecond pulsars of globular clusters [e.g., @Gebhardt02; @Gebhardt05; @Noyola08; @Ibata09; @Noyola10; @Lutzgendorf11; @Lutzgendorf13; @FeldmeierKrause13; @Lutzgendorf15; @Askar17; @Kiziltan17; @Perera17], but these are often disputed [e.g., @Baumgardt03; @Anderson10; @Lanzoni13; @Zocchi17; @Gieles18].
IMBHs are also invoked to explain a fraction of the ultraluminous x-ray sources [ULXs; see, e.g., @Miller03; @Casella08; @Godet09; @Sutton12; @Mezcua15]. Among these, probably the best candidate is HLX-1 in the S0 galaxy ESO 243-49 [@Farrell09], with black hole mass greater than 500 $M_{\odot}$. Nonetheless, also in the case of ULXs, there is room for alternative theoretical interpretations [e.g., @Goad06; @Feng07; @Gladstone09; @Zampieri09; @Mapelli09; @Mapelli10; @Feng11; @Liu13; @King14].
Detections of the upper end of the IMBH mass distribution have also been claimed for dwarf galaxies [see @Kormendy13; @Reines15; @Mezcua17 and references therein].
@Tanaka14, @Oka16 and @Oka17 have reported the detection, by means of molecular emission lines, of a high velocity compact cloud, CO-0.40-0.22, with internal velocity gradient of several tens of $\mathrm{km \; s^{-1}}$. In particular, through high resolution ALMA observations, @Oka17 set its size, $\lesssim 1$ pc, and its internal line of sight velocity, possibly ranging from -80 to -40 $\mathrm{km \; s^{-1}}$ with respect to us. In addition, these authors discovered an unresolved object, CO-0.40-0.22\*, very close to CO-0.40-0.22 and emitting at 231 and 266 GHz in continuum emission. This has been interpreted as an IMBH, with an extremely low accretion rate [but see @Ravi18 for an alternative interpretation]. @Oka16 and @Oka17 also showed, by means of pure gravity simulations, that the high internal velocity dispersion of the observed cloud can be qualitatively explained by the interaction with a $10^5 \; M_{\odot}$ IMBH. Other physical explanations are possible [@Tanaka14; @Ravi18; @Yalinewich17; @Tanaka18] and @Tanaka18 even disputed the correctness of the reduction of the ALMA data by @Oka17 [even though a velocity gradient of 20-40 $\mathrm{km s^{-1}}$ has been confirmed; see Fig. 11 in @Tanaka18].
Nonetheless, even if the result is still highly debated, the possibility that CO-0.40-0.22\* is associated with an IMBH makes this object extremely intriguing, because this could be one of the closest IMBHs to us and because of its vicinity to SgrA\*. Thus, the aim of this paper is to gain insight on the possible mass of CO-0.40-0.22\*, in the IMBH scenario. In particular we built a simple analytical model to describe the interaction between the observed cloud and this putative IMBH, that we also tested through hydrosimulations. This allows to put, for the first time, a lower limit to the mass of this object, that might help understanding its possible nature and origin.
Analytical model {#anmod}
================
As already mentioned, @Oka16 and @Oka17 speculate that the high velocity gradient observed in the cloud CO-0.40-0.22 is generated by the interaction between this cloud and a putative IMBH, located on the position of CO-0.40-0.22\*, a closeby mm [and possibly IR, @Ravi18] continuum emitter. In @Oka17, these authors provided a single N-body simulation to try to fit their observations, with IMBH mass of $10^5 \; M_{\odot}$. In this section we try to present a simple analytical calculation to model this interaction; its main purpose is to identify a lower limit for the mass of CO-0.40-0.22\*.
In our simple model, we assume that the cloud is radially infalling towards the IMBH. Fig. \[sketch\] shows a sketch of this configuration. Such an assumption is based on few considerations:
1. The observed position-velocity diagrams show evidence of an “oblique” occupation of the cloud in this phase-space. In this case, **the internal large velocity gradient is to be attributed to a different bulk velocity between different parts of the cloud**, rather than to an homogeneous internal velocity dispersion.
2. **The cloud and the putative IMBH CO-0.40-0.22\* are clearly separated** from each other, both in the ALMA emission map and in the corresponding position-velocity diagrams. Hence, the cloud is not currently experiencing its pericentre passage around the IMBH and the velocity gradient through its elongation can only be explained by its tidal elongation towards the IMBH.
3. **The highest tidal velocity gradient**, for a fixed IMBH mass, **is obtained in the case of a radial cloud trajectory**. In other words, a radial trajectory is the one providing the lowest IMBH mass needed to produce the observed velocity gradient.
The “orbital” velocity of a radially infalling object is
$$\label{vff}
v_{orb}=\sqrt{\frac{2GM_{BH}}{d_{BH}}+2E_{orb}},$$
where $G$ is the gravitational constant, $M_{BH}$ is the mass of the IMBH, $d_{BH}$ is the distance from the IMBH and $E_{orb}$ is the specific orbital energy of the cloud.
$E_{orb}$ can be positive, negative or null, leading to velocities along the orbit that are bigger, smaller or equal to the escape velocity. At the observed distance from CO-0.40-0.22\* it is fair to assume that the IMBH is the main responsible of the velocity difference between different parts of the cloud and we restrict ourselves to the case of $E_{orb}=0$. Nonetheless, in section \[ingred\] and in Appendix \[eorb\] we will discuss the impact of a non-null $E_{orb}$ on our estimate of the mass of CO-0.40-0.22\*.
$\Delta v_{LOS}=20 \;km s^{-1}$ $\Delta v_{LOS}=30 \;km s^{-1}$ $\Delta v_{LOS}=40 \;km s^{-1}$
----------------------- --------------------------------- --------------------------------- ---------------------------------
$(D,S)=(1,15)$ arcsec $9.0\times 10^3 M_{\odot}$ $2.0 \times 10^4 M_{\odot}$ $3.6\times 10^4 M_{\odot}$
$(D,S)=(2,14)$ arcsec $2.6\times 10^4 M_{\odot}$ $5.7 \times 10^4 M_{\odot}$ $1.0 \times 10^5 M_{\odot}$
$(D,S)=(3,13)$ arcsec $5.5\times 10^4 M_{\odot}$ $1.2\times 10^5 M_{\odot}$ $2.2\times 10^5 M_{\odot}$
So, in this case, the observed velocity gradient between the head and the tail of the cloud is
$$\label{dvlos}
\begin{split}
\Delta v_{LOS} & = \sqrt{2GM_{BH}}\left[\frac{1}{\sqrt{d_{BH,h}}}-\frac{1}{\sqrt{d_{BH,t}}}\right]\cos\theta \\
& = \sqrt{2G M_{BH} \sin\theta}\cos\theta\left[\frac{1}{\sqrt{D}}-\frac{1}{\sqrt{S+D}}\right],
\end{split}$$
where $D$ is the observed (projected) distance between the closest point of the cloud and the IMBH, $S$ the observed (projected) size of the cloud, $\theta$ is the angle between the cloud trajectory and the line of sight (LOS), while $d_{BH,h}$ and $d_{BH,t}$ are the intrinsic distance between the IMBH and the head and the tail of the cloud, respectively (see Fig. \[sketch\]).
From Eq. \[dvlos\] we can directly infer that
$$\label{lowlim}
M_{BH}>\frac{3\sqrt{3}}{4}\frac{(\Delta v_{LOS})^2}{G}\frac{D(S+D)}{(\sqrt{S+D}-\sqrt{D})^2},$$
with $2/(3\sqrt{3})=\max(\sin\theta\cos^2\theta)$. This corresponds to $\theta \simeq 35^{\circ}$.
The values of $S$, $D$ and $\Delta v_{LOS}$, from the observed position-velocity diagrams in @Oka17, come with an uncertainty given by the instrumental spread function and by the interpretation of the actual limits of the cloud. We chose optmistic, pessimistic and intermediate contours for the cloud; thus, we calculated the lower limit for $M_{BH}$ for $(D,S)$=$(1,15)$,$(2,14)$,$(3,13)$ arcsec [^1] and $\Delta v_{LOS}$=20,30,40 $\mathrm{km\; s^{-1}}$. The results are summarized in Table \[mbh\]. We stress that the value of $M_{BH}$ obtained with Eq. \[lowlim\] is already the smallest possible mass for the putative IMBH CO-0.40-0.22\*, due to our extreme assumption of a radial orbit for the gas cloud CO-0.40-0.22.
Impact of other physical ingredients {#ingred}
------------------------------------
As already mentioned in section \[anmod\], we restricted our calculation to $E_{orb}=0$, which is the easiest case and a relatively good approximation at those distances from the IMBH.
In the context of a radial orbit, $E_{orb}>0$ corresponds to a non-null velocity at infinity. This is certainly possible: e.g., stars might have velocity dispersion of up to 100 $\mathrm{km \;s^{-1}}$ at those distances from SgrA\* [e.g., @Fritz16]. However, this case would further increase the IMBH mass needed to perturb the cloud (see also Appendix \[eorb\]), hence it is not changing our results, that consist of lower limits.
On the other hand, $E_{orb}<0$ is equivalent to a cloud starting its plunge towards the IMBH with zero velocity at a finite distance. This might happen if the cloud was previously strongly scattered by some other close-by massive object, being left with zero velocity, relative to the IMBH. However, in order to really affect the lower limit on the mass of the IMBH, this should happen at distances comparable with the current position of the cloud. Even assuming that the cloud started its plunge at the current position of its tail, our result on the limit for the mass of CO-0.40-0.22\* would be reduced by around a factor of 2 (see Appendix \[eorb\]).
In the present calculation we neglect the possible effect of the self-gravity of the cloud. Such assumption is based on the fact that self-gravity would oppose the tidal stretching by the IMBH, hence requiring a even higher mass for CO-0.40-0.22\*. Nonetheless, the cloud size and its distance from the putative IMBH are of the same order. In this case, from a simple “Roche limit” argument, the self-gravity of the cloud would become important only if the cloud mass were comparable to the mass of the IMBH, which is not realistic.
We also neglect the impact on the cloud of the tidal force of the central supermassive black hole (SMBH) of the Milky Way [$M_{SMBH}\simeq 4 \times 10^6 \; M_{\odot}$; @Boehle16; @Gillessen17] and of the Galactic Centre stars [$M_*(<60\; \mathrm{pc})\simeq 10^8\; M_{\odot}$; @Launhardt02; @Fritz16; @FeldmeierKrause17; @GallegoCano18]. In fact, applying Eq. \[dvlos\], the velocity gradient produced on CO-0.40-0.22 by the SMBH and the stellar component at a distance of 60 pc from the Galactic Centre would approximately be 0.5 and 3 $\mathrm{km \;s^{-1}}$, respectively. Both values are significantly smaller than the observed velocity gradient.
Thermodynamics, turbulence and magnetic fields can be important in typical molecular clouds. However, in this case, the thermal, turbulent and magnetic pressures in the cloud should be comparable to the tidal “pressure” of the IMBH.
In particular, concerning thermodynamics, we can exclude that the observed velocity gradient is produced by a strong unbalance between the internal cloud pressure and the external pressure of the surrounding interstellar medium. In fact, such a high velocity gradient would mean either an “explosion” or an “implosion” of the cloud and requires another physical process [such as those invoked by @Tanaka14; @Tanaka18; @Ravi18; @Yalinewich17] to explain such an out-of-equilibrium configuration. However, we can easily test whether internal pressure gradients induced by radiation and hydrodynamical cooling/heating can become as important as tides. Hence, we compare the acceleration driven by a pressure difference $\Delta P$ over the cloud size $S/\sin \theta$,
$$a_{th}=\frac{1}{\rho_{cl}}\frac{\Delta P}{S}\sin\theta$$
to the tidal acceleration[^2]
$$a_{tid}=\frac{S}{\sin\theta} \frac{G M_{BH}}{d^3_{BH}}.$$
In order for these to be comparable,
$$\frac{\Delta P}{P} = \left(\frac{S}{\sin\theta}\right)^2\frac{ GM_{BH}}{d^3_{BH}}\frac{\mu m_H}{k_B T_{cl}},$$
where $\mu$ is the mean molecular weight, $m_H$ is the hydrogen mass and $k_B$ is the Boltzmann constant. For the case $(D,S)$ = (2,14) arcsec and $\Delta v=30\; \mathrm{km \; s^{-1}}$ and assuming $d_{BH}=(S+D)/(2\sin\theta)$, $\theta=35^{\circ}$, $\mu=2.46$ and $T_{cl}=60 \;K$, we get $\Delta P/P\simeq 5 \times 10^3$. This ratio means that, in order for thermodynamical evolution to matter, the cloud should get extremely compressed, which is not happening for pure tidal evolution, or get heated to temperature bigger than $10^4$ K, meaning a change of status to atomic or even ionized state. The gas would then not shine in molecular lines at all.
We can also try to estimate whether we expect turbulence to have an impact on the cloud, comparable to that of the tidal field. In fact, a cloud of 40 $M_{\odot}$ in virial equilibrium requires a turbulent $\sigma_v\approx\sqrt{GM_{cl}/R_{cl}}\approx\sqrt{2GM_{cl}\sin\theta/S} \approx 0.5\; \mathrm{km \; s^{-1}}$, for S=14 arcsec. In our model, the observed velocity gradient (20-40 $\mathrm{km \; s^{-1}}$) is produced by the tidal stretching of the IMBH. In order for turbulence to compete with the tidal stretching, the cloud should be in an extremely supervirial configuration, i.e., we would require, again, some other physical phenomenon to explain such an out of equilibrium state.
To test the impact of magnetic fields, we can use the magnetic stability criterion derived by @Mouschovias76. In this case, an uniform magnetic field B is able to support the cloud against gravitational collapse if
$$\label{magcoll}
B\geq\frac{M_{cl}}{73\; M_{\odot}} \left(\frac{R_{cl}}{0.1 \;\mathrm{pc}}\right)^{-2} \mathrm{mG}$$
We also mentioned before that the Roche mass for the cloud should be of the order of the mass of the IMBH. Hence, if we use $M_{cl}=M_{BH}$ in Eq. \[magcoll\], we can also get an estimate of the magnitude of the magnetic field needed to have an effect comparable to that of the tidal force. If we approximate again $R_{cl}$ in Eq. \[magcoll\] with S/(2$\sin\theta$) and consider the case with $(D,S)$ = (2,14) arcsec and $\Delta v=30\; \mathrm{km \; s^{-1}}$, we get $B\gtrsim 40$ mG, which is much higher than the typical magnetic field in molecular clouds, even in the Galactic Centre [where it is estimated to be maximum few mG; e.g., @Ferriere09]. Furthermore, given the estimated cloud mass, $M_{cl}=40 M_{\odot}$, we rather expect a a magnetic field of the order of 30 $\mu$G, if it were in a critical state.
Simulations
===========
Initial conditions and methods {#ic}
------------------------------
In order to test our analytical calculation, we run an hydrodynamical simulation with the Eulerian Adaptive Mesh Refinement (AMR) code RAMSES [@Teyssier02]. We adopted Cartesian coordinates and chose a cubic box with $x,y,z=[-5.5:5.5]$ pc.
The IMBH is initially put at $(x,y,z)=0$ as a sink particle, with Bondi-Hoyle accretion [@Bleuler14]. Even though no significant motion of the IMBH is expected (given the small cloud mass), we allow it to move and integrate its motion by direct force summation.
For the cloud, we chose the simplest case of a radial trajectory with $E_{orb}=0$. In this case, the time needed to reach the IMBH from a certain distance is
$$\label{tfall}
t_{fall}=\sqrt{\frac{2d^3_{BH}}{9GM_{BH}}},$$
whenever the mass of the IMBH is significantly larger than the mass of the cloud (which is the case of our model, see section. \[anmod\]). Eq. \[tfall\] then allowed us to set the initial conditions of our simulation. Specifically, we can get the initial distance of head and tail of the cloud as
$$\label{distini}
d_{BH,0}=4.5 G M_{BH} (t_{fall}+t_{arb})^{1/3},$$
where $t_{arb}$ is any arbitrary time, needed to head and tail of the cloud to reach their current position.
In particular, we tested the case with $(D,S)=(2,14)$ arcsec and $\Delta v_{LOS}=30\; \mathrm{ km \;s^{-1}}$, with $\theta \simeq 35^{\circ}$ and corresponding $M_{BH}= 5.7 \times 10^4 M_{\odot}$ (see Table \[mbh\]). For this model, $d_{BH,h}\simeq 0.14$ pc and $d_{BH,t}\simeq 0.99$ pc. We adopted $t_{arb}=0.3$ Myr, which gives $d_{BH,h,0}\simeq 4.73$ pc and $d_{BH,t,0}\simeq 5.01$ pc. We hence put a spherical cloud on the x-axis, with radius $R_{cl}=(d_{BH,t,0}-d_{BH,h,0})/2\simeq 0.14$ pc at a distance of $d_{BH,cl,0}=(d_{BH,h,0}+d_{BH,t,0})/2\simeq 4.87$ pc from the IMBH and with a velocity towards the IMBH of $\simeq 10\;\mathrm{ km \;s^{-1}}$ (see Eq. \[vff\]). We adopted a cloud mass $M_{cl} = 40 M_{\odot}$ (which corresponds to a density of $\rho_{cl}\simeq 2.3 \times 10^{-19} \;\mathrm{g \; cm^{-3}}$), a cloud temperature of $T_{cl}=60$ K (see section \[anmod\]) and put it in pressure equilibrium with a rarified and hot background medium with $\rho_{bg}=\rho_{cl}/10^5$.
Compared to the test-particle and N-body simulations in @Oka16 and @Oka17, we considered completely different initial conditions for the cloud. In fact, as discussed in section \[anmod\], we chose the value of the mass estimated by these authors from its emission, which leads to a cloud that is not bound by its self-gravity and does not require strong turbulence to support it. This value is much smaller than that of their simulated cloud, with $M_{sim}=10^3 M_{\odot}$. In particular, in @Oka17 the authors distribute their particles with a Gaussian radial mass distribution with dispersion of $\sigma_r = 0.2$ pc and internal velocity dispersion of $\sigma_v = 1.43 \mathrm{km \; s^{-1}}$, claiming that this leads to an initially virialized cloud. However, in this case, $GM_{sim}/\sigma_r \approx 10 \sigma^2_v$, hence this setup is actually strongly subvirial.[^3] A virial equilibrium would require a $\sigma_v \approx 5 \mathrm{km \; s^{-1}}$. If the molecular gas has a temperature of 60 K, as estimated by @Oka17, this means that the turbulence has a Mach number $\mathcal{M}\approx 10$, which is probably too high for clouds with that size [e.g., @Larson81].
So, as discussed here and in Section 2.1, we do not expect self-gravity and turbulence to significantly affect the results of our analytical calculation. Nonetheless, we decided to test the influence of self-gravity and turbulence by running two simulations of the same cloud: in the first simulation, the cloud is assumed to have no initial turbulence and no self-gravity, while in the second setup we include gas self-gravity and turbulence.
In particular, for the turbulent cloud we generated a random Gaussian, divergence-free turbulent velocity field, with power spectrum $||\delta{}^2_v || \propto{} k^{-4}$ . Such power spectrum is usually chosen to reproduce the observed trend of the velocity dispersion, in molecular clouds, with the cloud size and the size of its subregions (Larson 1981). The ratio between kinetic and gravitational energy is set to 1, i.e., the cloud is marginally self-bound.
The minimum and maximum refinement levels in our simulations are 4 and 10, respectively, which correspond to $(\Delta x,y,z)_{max}= 11/2^4\;\mathrm{pc}=0.6875$ pc and $(\Delta x,y,z)_{min}= 11/2^{10}\; \mathrm{pc}\simeq 0.0107$ pc, respectively. The AMR strategy we used is “quasi-Lagrangian”, i.e., we refine every cell with mass higher than a certain value $m_{res}$. We chose $m_{res}\simeq 9\times 10^{-4} \; M_{\odot}$, so to be sure to have maximum resolution over the whole cloud, while keeping the backgroung medium at low resolutions.
This test simulation is run with an isothermal equation of state for the gas. Such simplification is justified by the fact that at the cloud densities, the molecular gas is kept at a roughly constant “equilbrium” temperature by heating and cooling processes [e.g., @Larson85; @Larson05; @Koyama00].
In terms of numerics, we adopted an “exact” Riemann solver with 10 iterations and a MonCen slope limiter for the piecewise linear reconstruction [e.g., @Toro09].
![Projected density maps for the run with no self-gravity and no turbulence. The figure shows the evolution of the cloud on its radial orbit at $t=$ 0, 0.17 and 0.30 Myr, in the simulation domain. The white dot shows the position of the IMBH. []{data-label="intmap"}](time_series3.pdf)
 
Results
-------
In Fig. \[intmap\] we show the free-fall of the cloud towards the IMBH in our simulation. As the cloud approaches its attractor, the tidal force progressively distorts its shape, leading to an elongation in the direction of the motion and a perpendicular compression. In the lower panel of Fig. \[intmap\] the distance from the IMBH of the head of the cloud is much smaller than the cloud size. For this reason, the simplified treatment of tidal effects based on a MacLaurin expansion of the gravitational force is no longer valid. The latter would have predicted a tidal force acting symmetrically, with respect to the cloud baricentre, onto head and tail of the cloud. This approximation is no longer valid at this time of the simulation and the cloud assumes a drop-like shape, instead. We must stress here that the positions of head and tail of the cloud and, consequently, the cloud elongation are a direct consequence of our imposition of Eq. \[distini\], once $t_{arb}$ is chosen. On the other hand, the cloud thickness in the direction perpendicular to the orbit depends on what shape is initially given to the cloud, i.e., on its initial thickness.
 
The left panel of Fig. \[obspl\] shows the cloud as projected to the sky plane. In order to produce this plot, we simply assumed that the line-of-sight forms an angle $\theta \simeq 35^{\circ}$ with the x-axis of our simulation (see Fig. \[sketch\] and section \[ic\]) and an angle $\alpha=45^{\circ}$ with the Galactic plane (the arrow shows the direction of the x-axis of the simulation). Interestingly enough, also the observed cloud CO-0.40-0.22 shows a sort of drop-like shape, vaguely similar to the simulated cloud shown in Fig. \[obspl\].
The right panel of Fig. \[obspl\] shows mock position-velocity diagrams for the simulated cloud. The distance from the IMBH is simply $d_{proj}=d_{BH}\cos\theta=x\cos\theta$, while the line-of-sight velocity in this plot is obtained by adding a fixed velocity of $-90 \; \mathrm{km \; s^{-1}}$ to the gas velocity. The latter should represent the velocity of the centre of mass of the whole IMBH+cloud system and it is needed to match the observed velocity values. Such centre of mass velocity is nonetheless compatible with the typical orbital velocities at those distances from the Galactic centre. However, we must point out that we would obtain a different centre of mass velocity by simply assuming that the cloud is falling towards the IMBH on an orbit with $E_{orb}\neq 0$ in Eq. \[vff\].
For these simple diagrams we plotted the mass in any position-velocity bin, rather than the emission. This is a 0th-order approximation , based on the assumption that every molecular species has an uniform abundance over the whole cloud and that the observed molecular lines are optically thin (which is probably the case, given the cloud properties). Panel (a) is the direct risult of the simulation, while panel (b) is obtained from panel (a) by applying a Gaussian smoothing with with FWHM equal to 1.2 arcsec and 11 $\mathrm{km\; s^{-1}}$ in distance from the IMBH and line-of-sight velocity, respectively. Applying a Gaussian smoothing is needed to reproduce the observed velocity dispersion at any fixed distance from the IMBH. Such velocity dispersion might be explained by internal supersonic turbulence. However, a velocity dispersion of 11 $\mathrm{km\; s^{-1}}$ in a gas at 60 K implies a turbulence with Mach number $\mathcal{M}\gtrsim 20$, which seems very unlikely. Thus, the most likely explanation is that the observed velocity dispersion is due to the instrumental spread-function. Indeed, the position-velocity diagrams in Fig. 2 of @Oka17 show large velocity dispersion for all the noise/background patches surrounding CO-0.40-0.22.
The head of the cloud appears more rarefied (i.e., less visible) in the simulated position-velocity diagrams. This is simply because the leading part of the cloud occupies a portion of the orbit with larger velocity gradient (see the dotted line in the right panels of Fig. \[obspl\]). Hence, its emission (or, for our simplified comparison, its mass) will be spread over more velocity bins, compared to the trailing part. In addition, as discussed before, the cloud assumes a drop-like shape close to the IMBH, thus leading to a non-uniform mass distribution along the length of the cloud. The observations by @Oka17 show a large ($\simeq 20-40\; \mathrm{km \; s^{-1}}$) velocity gradient in the brightest gas and some possible emission from very high (relative) velocity gas. In our model, this would possibly imply an “effective” larger velocity gradient between the head and the tail of the cloud and, consequently, an even higher black hole mass.
Fig. \[obsplturb\] shows the density map and the position-velocity diagrams of the simulation in which the effects of self-gravity and turbulence have been included. As visible, the turbulence leads to a non-uniform distribution of the gas. This is indeed more consistent with the observed cloud, which shows some subpeaks in its elongation. The main point of this work is still confirmed in the lower panel of Fig. \[obsplturb\], where the cloud has basically the same extent in the position-velocity space as in Fig. \[obspl\]. Nonetheless, the turbulence gives a slightly larger velocity extent close the head of the cloud, compared to our simpler uniform model.
So, including turbulence gives results that are slightly closer to the observations. However, turbulence does not significantly affect the overall velocity gradient produced across the whole cloud length by the tidal field of the IMBH.
Discussion and conclusions
==========================
In this paper, we assumed that the large velocity gradient observed in the very compact molecular cloud CO-0.40-0.22 [@Oka16; @Oka17] is the result of the infall of this cloud on the putative IMBH CO-0.40-0.22\*. Our extreme assumptions (e.g., radial infall, best possible inclination angle between the cloud orbit and the sky plane, etc.) gave us a strong lower limit to the mass of such IMBH of few $\times 10^4 M_{\odot}$. We must again stress that the lower limits in Table \[mbh\] are obtained assuming the most favourable conditions and higher masses are to be expected. This is the first paper where a robust lower limit is given. However, we cannot exclude that other phenomena explain the observed velocity gradient inside CO-0.40-0.22, such as collisions with other clouds, bipolar outflows from young stellar objects or supernova explosions [@Tanaka14; @Ravi18; @Yalinewich17].
Is it reasonable to find such a massive black hole at that distance from the Galactic Centre?
An estimate of its dynamical friction timescale ($t_{df}$) can help us answering this question. In fact, if $t_{df}$ were short, it would be very unlikely to find it at its current position. At 60 pc from SgrA\* (i.e., the projected distance of CO-0.40-0.22\*), the IMBH would interact with the stars of the Milky Way nuclear star cluster and the inner parts of the nuclear stellar disc [see @BlandHawthorn16 and references therein]. At those distances, the enclosed stellar mass can be described by a power-law $M(r)=2\times M_0 (r/R_0)^\alpha$, with $M_0=2 \times 10^8 \; M_{\odot}$, $R_0=60 pc$ and $\alpha=1.2$ [e.g., @Fritz16]. Using Eq. 16 in @McMillan03,
$$t_{df}=\frac{\alpha+1}{\alpha(\alpha+3)}\frac{1}{\chi\ln\Lambda}\left(\frac{M_0}{G}\right)^{1/2}\frac{R^{3/2}_0}{m_{BH}},$$
and assuming $\chi=0.34$ (if the IMBH moves at the circular velocity and the stars are in dynamical equilibrium) and $\ln\Lambda=1-10$, we get that $t_{df, BH}\simeq 1.3-13$ Gyr for $m_{BH}=5\times 10^4 \; M_{\odot}$. This means that this IMBH has probably spent quite some time at its current position and it is not expected to get much closer in the next few Gyr. This calculation holds as long as the IMBH has reached its current position in isolation, i.e., if it is currently not surrounded by a host stellar cluster (see later).
Concerning its origin, similar IMBH masses are obtained by theoretical estimates of BHs forming in high-$\sigma$ density fluctuations in a $\Lambda$CDM cosmological context [e.g., @Volonteri03]. By means of N-body cosmological simulations, @Diemand05 have shown that 10-100 of such IMBHs are expected to be found in the inner kpc of the Milky Way. A similar result has also been obtained by the semi-analytic work by @Volonteri05, also including dynamical friction of the IMBH host halo. Unfortunately, such studies barely (or do not) reach distances from the centre of the galaxy smaller then 100 pc.
The lower limit to the IMBH mass found in the present study is, instead, only marginally compatible with (at the upper end of) the IMBH mass distribution of putative IMBHs in globular clusters [e.g., @Lutzgendorf13; @Mezcua17] and it is also in tension with theoretical estimates (e.g., [@Miller02; @PortegiesZwart04; @Freitag06; @Mapelli16]; but see also [@Giersz15]).
The infall of globular clusters by dynamical friction has been theorized to be responsible for the formation of nuclear star clusters [@Tremaine75; @Capuzzo93; @Capuzzo08; @Agarwal11], also in the case of the Milky Way [@Antonini12; @Gnedin14], and perhaps for the formation/growth of supermassive black holes [e.g., @Ebisuzaki01; @PortegiesZwart06].
In particular, @Mastrobuono14 predicted that IMBHs hosted by globular clusters are expected to inspiral down to the inner pc of the Galaxy. Their simulations, though, assume that massive ($\approx 10^6 M_{\odot}$) globular clusters can survive up to distances of 20 pc from SgrA\* [in this regard, see @Miocchi06].
@PortegiesZwart06 also predicted a population of around 50 IMBHs in the inner 10 pc of the Milky Way. However, these are expected to have masses of the order of $10^3 M_{\odot}$, since they should be born in lower mass ($\approx 10^5 M_{\odot}$) star clusters, forming closer to the Galactic Center, such as the Arches [@Nagata95; @Cotera96; @Serabyn98] and the Quintuplet [@Nagata90; @Figer95]. Finally, @Fragione18 modeled the fate of IMBHs born in globular clusters in the halo of Milky-Way-like galaxies and found that the most massive ($\gtrsim 10^6 M_{\odot}$) globular clusters might have delivered few massive ($\gtrsim 10^4 M_{\odot}$) IMBHs at distances smaller than 100 pc from the centre of the galaxy. In contrast with the assumptions of @Mastrobuono14, @McMillan03 and @Fragione18 expect the parent globular cluster to have dissolved before reaching the observed position of CO-0.40-0.22\* and have left a “naked” black hole. From the IR observations of CO-0.40-0.22 [@Ravi18], it is almost impossible to understand whether the IMBH candidate is naked or surrounded by a star cluster, because of the high absorption along the line of sight.
These arguments show that it is very unlikely that such a massive IMBH formed on the spot: Arches/Quintuplet-like star clusters would not be massive enough to produce IMBHs with mass $>10^4 M_{\odot}$. A more massive local parent cluster, instead, should have been dragged, along with its IMBH, to much smaller distances from SgrA\*. Thus, the most plausible scenario is that this object might have formed in the halo of our Galaxy and was successively brought at its current position by its original host, which dissolved on the way.
Hence, assuming that CO-0.40-0.22\* is an IMBH with high mass, as those resulting from our calculation, is not in tension with current theoretical estimates.
As already mentioned, different explanations for the high velocity gradient of CO-0.40-0.22 are possible. A supernova explosion inside the cloud would provide enough energy to generate it [@Tanaka14; @Yalinewich17] and it is a feasible alternative. Indeed, @Ravi18 reported that the cloud might be associated to an HII region. On the other hand, as already mentioned by @Oka17, CO-0.40-0.22 does not clearly show a cavity at its center. A bipolar outflow could be another possibility, but it does not seem to be energetic enough [@Tanaka14]. A cloud-cloud collision seems to be the most promising alternative explanation, as discussed by @Tanaka14 and @Tanaka18. Indeed, CO-0.40-0.22 seem to be on the rim of two large molecular shells. Concerning CO-0.40-0.22\*, @Ravi18 showed that its spectral energy distribution can be due to synchrotron emission by an advection dominated accretion flow or by a relativistic jet/outflow (similarly to the case of SgrA\*). However, these authors also show that thermal black-body emission from a massive protostellar disc around a young star can be a viable alternative explanation.
In conclusion, the interpretation of the nature of CO-0.40-0.22 and CO-0.40-0.22\* is still highly debated, so further attention should be given to this exotic object, particularly in the light of the parallel claim of another IMBH with mass $\gtrsim 10^4 \; M_{\odot}$ in the IRS13E complex at $\approx 0.13$ pc from SgrA\* [@Schodel05; @Fritz10; @Tsuboi17].
Acknowledgements {#acknowledgements .unnumbered}
================
We thank the referee, Prof. Mirosław Giersz, for his stimulating comments. AB and MM acknowledge financial support from the MERAC Foundation, through grant ‘The physics of gas and protoplanetary discs in the Galactic centre’, and from INAF, through PRIN-SKA ‘Opening a new era in pulsars and compact objects science with MeerKat’. MP acknowledges support from the European Union’s Horizon $2020$ research and innovation programme under the Marie Skłodowska-Curie grant agreement No. $664931$. AB would like to thank the whole ForDyS group for useful discussions. Most of the simulation post-processing was carried out with the yt toolkit [@Turk11].
Impact of $E_{orb}$ on the mass of the IMBH {#eorb}
===========================================
In this Appendix we estimate the impact of a non-zero orbital energy of the radial orbit of the cloud towards the IMBH.
For the $E_{orb}<0$ case, the most extreme configuration is that the cloud had zero velocity at $d_{BH,0}$ equal to the current position of the tail of the cloud. This simply means that Eq. \[dvlos\] becomes
$$\Delta v_{LOS,new}= \sqrt{2G M_{BH} \sin\theta\left[\frac{1}{D}-\frac{1}{S+D}\right]}\cos\theta.$$
Thus the mass limit would become
$$M_{BH,new}=M_{BH}(E_{orb}=0)\frac{[1-\sqrt{D/(S+D)}]^2}{1-D/(S+D)}$$
For the case $(D,S)$ = (2,14) arcsec, the new lower limit is 0.5 times the value we get for the $E_{orb}=0$ case.
In general, under the assumption of $d_{BH,h}<d_{BH,t}<<d_{BH,0}$, a 1st-order Taylor expansion of Eq. \[vff\] gives
$$M_{BH,new}\approx M_{BH}(E_{orb}=0)\left(1+\frac{d_{BH,t}-d_{BH,h}}{2d_0}\right)^{-2}.$$
The case of $E_{orb}>0$ does not affect our main conclusions, since we provided lower limits on the mass of CO-0.40-0.22\*, but this case always provides higher IMBH masses.
\[lastpage\]
[^1]: 22 arcsec = 0.9 pc [@Oka17].
[^2]: We must note that this is a first order approximation, not fully correct at the observed distance between the IMBH and the cloud, but still useful for such a back-of-the-envelope estimate.
[^3]: In fact, calculating the free-fall time $t_{ff}$ of such a cloud and comparing it to the turbulence crossing time $t_{cross}$ and to the time $t_{ca}$ that it takes for their cloud to reach the closest approach to the IMBH, we get $t_{ff}\approx t_{cross}/2 \approx t_{ca}/10$. Hence, the final result of the N-body simulations presented in @Oka17 might suffer of a strong imprint of these unstable initial conditions.
|
{
"pile_set_name": "ArXiv"
}
|
Supply Chain Management
Supply Chain Management
PGM embraced the concept of supply chain management in order to offer our customers more value than just a manufacturing house. As a strategic partner in our customer’s product development, PGM can oversee the responsibility of supply chain management, leaving our customers more time to work on more important aspects of the project or attend to other daily responsibilities.
It all starts with a sophisticated PGM computer system (Vantage Epicor) that manages project planning, resource material purchasing and tracking, and real-time data and/or relevant information collection. The interface between the project managers and computer system allows PGM to choose the best vendors for the project based on past experience, price and delivery. We even monitor our strategic suppliers to help them improve and correct their systems and processes. Our supply chain management procedures are critical to our competitiveness.
Customer mandated suppliers
We are more than willing to work with customer-mandated suppliers. We only ask for one condition: that they perform at the level of expectations and guidelines we require from all of our vendors.
|
{
"pile_set_name": "Pile-CC"
}
|
U.S. Secretary of State Mike Pompeo speaks after his meeting with U.S. President Donald Trump at the White House in Washington, U.S., October 18, 2018. REUTERS/Kevin Lamarque
WASHINGTON (Reuters) - U.S. Secretary of State Mike Pompeo said on Thursday that he had told President Donald Trump that the United States should give Saudi Arabia a few more days to wrap up its investigation into the disappearance of journalist Jamal Khashoggi.
“I told President Trump this morning that we ought to give them a few more days ... so that we too have a complete understanding of the facts” before deciding on a response, Pompeo told reporters at the White House after meeting with Trump.
|
{
"pile_set_name": "OpenWebText2"
}
|
Interested in Bridal Makeup by Pushpa Krishnappa?
Interested in Bridal Makeup by Pushpa Krishnappa?
Summary
A dentist by academics turned into a passion-driven makeup artist/hair stylist who absolutely loves what she does, Pushpa Krishnappa has always been creatively inclined. Listed as one of top ten bridal makeup artists in Bangalore, she delivers work with utmost precision and dedication. Makeup and hairstyling to her is an art by itself which involves sculpting, highlighting, contouring, and transforming faces to perfection. She truly believes “Beauty lies in the magic of makeup.” Her forte lies in achieving the most natural look and not look ‘madeup’.
Her main work zone involves makeup and hair for TV commercials, print ads/stills, Celebrity makeup, Bridal makeup and hair, and Portfolio makeup.
Every face to her is a canvas and there is beauty lying in each of those faces to be explored, invented and created with brush strokes.
Her work could easily be described as “Classy but natural” and she believes that lots can be done by doing very less when its about makeup.
Bangalore’s premier portal for wedding planning. We help our users host their wedding without having to worry about the logistics of putting an event together. We can find you Bangalore’s most affordable venues, caterers, decorators, photographers and everyone else to make your wedding event a grand success
|
{
"pile_set_name": "Pile-CC"
}
|
One more job interview to go in the pot.
Liked it? Take a second to support Underfold Comics on Patreon!
|
{
"pile_set_name": "OpenWebText2"
}
|
//
// PullToBounseScrollViewWrapper.swift
// Bounse
//
// Created by Takuya Okamoto on 2015/08/12.
// Copyright (c) 2015年 Uniface. All rights reserved.
//
// Inspired by https://dribbble.com/shots/1797373-Pull-Down-To-Refresh
import UIKit
// FIXME: comparison operators with optionals were removed from the Swift Standard Libary.
// Consider refactoring the code to use the non-optional operators.
fileprivate func < <T : Comparable>(lhs: T?, rhs: T?) -> Bool {
switch (lhs, rhs) {
case let (l?, r?):
return l < r
case (nil, _?):
return true
default:
return false
}
}
open class PullToBounceWrapper: UIView {
var pullDist: CGFloat = 80
var bendDist: CGFloat = 40
var stopPos:CGFloat {
get {
return pullDist + bendDist
}
}
open var didPullToRefresh: (()->())?
var bounceView: BounceView!
open var scrollView: UIScrollView?
/**
Please addSubView this insted of your scrollView.
The only required parameter is scrollView.
And you can customize animation by other parameters.
*/
public init(
scrollView: UIScrollView,
bounceDuration: CFTimeInterval = 0.8,
ballSize:CGFloat = 36,
ballMoveTimingFunc:CAMediaTimingFunction = CAMediaTimingFunction(controlPoints:0.49,0.13,0.29,1.61),
moveUpDuration:CFTimeInterval = 0.25,
pullDistance: CGFloat = 96,
bendDistance: CGFloat = 40,
didPullToRefresh: (()->())? = nil
)
{
if scrollView.frame == CGRect.zero {
assert(false, "Wow, scrollView.frame is CGRectZero. Please set frame size.")
}
super.init(frame: scrollView.frame)
self.pullDist = pullDistance
self.bendDist = bendDistance
self.didPullToRefresh = didPullToRefresh
let moveUpDist = pullDist/2 + ballSize/2
bounceView = BounceView(
frame: scrollView.frame
, bounceDuration: bounceDuration
, ballSize: ballSize
, ballMoveTimingFunc: ballMoveTimingFunc
, moveUpDuration: moveUpDuration
, moveUpDist: moveUpDist
, color: scrollView.backgroundColor
)
self.addSubview(bounceView)
self.scrollView = scrollView
// scrollView.frame = self.frame
scrollView.backgroundColor = UIColor.clear
self.addSubview(scrollView)
scrollView.addObserver(self, forKeyPath: contentOffsetKeyPath, options: .initial, context: &KVOContext)
}
public required init?(coder aDecoder: NSCoder) {
fatalError("init(coder:) has not been implemented")
}
deinit {
scrollView?.removeObserver(self, forKeyPath: contentOffsetKeyPath, context: &KVOContext)
}
func scrollViewDidScroll() {
if scrollView?.contentOffset.y < 0 {
let y = scrollView!.contentOffset.y * -1
if y < pullDist {
bounceView.frame.y = y
bounceView.wave(0)
scrollView?.alpha = (pullDist - y)/pullDist
}
else if y < stopPos {
bounceView.wave(y - pullDist)
scrollView?.alpha = 0
}
else if y > stopPos {
scrollView?.isScrollEnabled = false
scrollView?.setContentOffset(CGPoint(x: scrollView!.contentOffset.x, y: -stopPos), animated: false)
bounceView.frame.y = pullDist
bounceView.wave(stopPos - pullDist)
bounceView.didRelease(stopPos - pullDist)
self.didPullToRefresh?()
scrollView?.alpha = 0
}
} else {
bounceView.frame.y = 0
scrollView?.alpha = 1
}
}
open func stopLoadingAnimation() {
bounceView.endingAnimation {
self.scrollView?.setContentOffset(CGPoint(x: 0, y: 0), animated: true)
self.scrollView?.isScrollEnabled = true
}
}
// MARK: ScrollView KVO
fileprivate var KVOContext = "PullToRefreshKVOContext"
fileprivate let contentOffsetKeyPath = "contentOffset"
open override func observeValue(forKeyPath keyPath: String?, of object: Any?, change: [NSKeyValueChangeKey : Any]?, context: UnsafeMutableRawPointer?) {
if (context == &KVOContext && keyPath == contentOffsetKeyPath && object as? UIScrollView == scrollView) {
scrollViewDidScroll()
}
else {
super.observeValue(forKeyPath: keyPath, of: object, change: change, context: context)
}
}
}
|
{
"pile_set_name": "Github"
}
|
Q:
Identify transactions issued by the coordinator
I am listening for new transactions on the ZMQ stream published by the iri. Is there a way to identify transactions that were created by the coordinator?
A:
If you query a node with the getNodeInfo command, it will return a JSON object similar to the following:
{
"appName": "IRI",
"appVersion": "1.4.1.2",
"duration": 0,
"jreAvailableProcessors": 8,
"jreFreeMemory": 1824745296,
"jreMaxMemory": 3987734528,
"jreTotalMemory": 3987734528,
"jreVersion": "1.8.0_112",
"latestMilestone": "FRAYIUUSUGMTASGCPQJUZHVCZGAPESWFMZBWWSNSHJZXFCFBV9X9CVQZHVTQSLXJBDUGVWRDFUVO99999",
"latestMilestoneIndex": 292862,
"latestSolidSubtangleMilestone": "QGCJGNDLGERQRHRDGYJJYIYBDZVGTLNIGGFKLSPQMCPMRUEJQDFKDLAJKLWYEODLKYXCBVJCKDY9A9999",
"latestSolidSubtangleMilestoneIndex": 292053,
"neighbors": 21,
"packetsQueueSize": 0,
"time": 1512056790045,
"tips": 5005,
"transactionsToRequest": 0
}
The latestMilestone value is the latest co-ordinator transaction hash as seen by the node. Continuously monitoring this on your own node would be a way to record all the co-ordinator txs.
|
{
"pile_set_name": "StackExchange"
}
|
Premenstrual asthma.
Gender differences have been recognized in asthma. Specifically in women, an exacerbation in symptoms occurring a few days prior to the onset of menstruation constitutes a phenotype that is not yet fully understood. This phenomenon, called "premenstrual asthma," has been reported to affect upto 40% women with asthma. This article reviews the literature on prevalence, effect of menstrual cycle on symptoms and lung function and discusses the proposed mechanisms of pathogenesis including the effects of female sex hormones on symptoms and beta2 adrenergic receptor function, and the role of airway inflammation. Finally, the various treatment options are presented.
|
{
"pile_set_name": "PubMed Abstracts"
}
|
Q:
Resources for learning about Word XML format?
What resources would you recommend to learn about the Microsoft's Open Office format (the XML format introduced with Office 2007, not to be confused with OpenOffice.org), specifically for .docx Word files? (Ideally, ones with lots of samples and tutorials.)
A:
Top 10 List to Learn Open XML
Start with Open XML Explained.
This is an easy to read eBook on
Open XML.
Next view with WordProcessingML
articles on OpenXMLDeveloper.org.
They are quick and effective way to
show you some of the ways people are
doing different things.
Then go learn a bit more about Open
Packaging Convention - this is
how Open XML files are packed
(zipped) and the relationships the
files in side the package have to
each other. (XPS documents also use OPC format).
Now grab the ISO/IEC 29500:2008
spec and keep it handy - what
exists in here is almost everything
you need to know. You can also view
the standard online at
http://www.documentinteropinitiative.org/.
Supplement #4 with the Office
implementation guide of the
standard to see how values default to and are implemented in
Word as opposed to other clients. Also, grab the Word Extensions guide to view how Word (specifically 2010) has added and implemented extensions to the standard.
Now start with the following blogs -
they are amazing guides to the real
power under the hood of Open XML: a)
Eric White's old blog, b) Eric
White's new blog, c) Brian
Jones & Zeyad Rajabi's blog.
Now it's time to start toying around
with things. You can use the Open
XML SDK or go commando. The SDK may
be the best way to start and many
3rd party tools are based off it.
Get the SDK and dive into the
the Word Processing articles
here.
You can also view How To videos on
certain subjects. Check out the
Open XML "How Do I" Videos
Get some tools to help you. The
Open XML Package Editor Power Tool
for Visual Studio 2010, PowerTools for Open XML
and the
Word Content Control Toolkit
are indispensible.
Finally, take a look at what has
been asked and answered on SO in
the openxml, ooxml, openxml-sdk,
wordprocessingml tags.
And there you have it!
|
{
"pile_set_name": "StackExchange"
}
|
// Copyright (c) Stride contributors (https://stride3d.net) and Sean Boettger <sean@whypenguins.com>
// Distributed under the MIT license. See the LICENSE.md file in the project root for more information.
using System;
using System.Collections.Generic;
using System.Text;
using Stride.Graphics;
using Stride.Core;
using Stride.Core.Annotations;
using Stride.Core.Collections;
using Stride.Core.Extensions;
using Stride.Core.Mathematics;
using Stride.Shaders;
using Stride.Rendering.Images;
using Stride.Rendering.Voxels;
using Stride.Rendering.Lights;
using Stride.Rendering.Skyboxes;
using System.Linq;
using Stride.Rendering.Compositing;
namespace Stride.Rendering.Voxels.Debug
{
[DataContract("VoxelDebug")]
public class VoxelDebug : ImageEffect
{
[DataMemberIgnore]
public IVoxelRenderer VoxelRenderer;
protected override void InitializeCore()
{
base.InitializeCore();
}
protected override void DrawCore(RenderDrawContext context)
{
if (!Initialized)
Initialize(context.RenderContext);
if (VoxelRenderer == null)
{
return;
}
Dictionary<VoxelVolumeComponent, ProcessedVoxelVolume> datas = VoxelRenderer.GetProcessedVolumes();
if (datas == null)
{
return;
}
foreach (var datapairs in datas)
{
var data = datapairs.Value;
if (!data.VisualizeVoxels || data.VoxelVisualization == null || data.VisualizationAttribute == null)
continue;
ImageEffectShader shader = data.VoxelVisualization.GetShader(context, data.VisualizationAttribute);
if (shader == null)
continue;
shader.SetOutput(GetSafeOutput(0));
shader.Draw(context);
}
}
public void Draw(RenderDrawContext drawContext, Texture output)
{
SetOutput(output);
DrawCore(drawContext);
}
}
}
|
{
"pile_set_name": "Github"
}
|
Q:
JavaScript Regex Compile()
Is there a shorter way to write this?
var needed = /\$\[\w+\]/mi;
needed.compile(/\$\[\w+\]/mi);
Why do I have to pass the pattern back into the regex when I've already declared it in the first line?!
A:
There are two ways of defining regular expressions in JavaScript — one through an object constructor and one through a literal. The object can be changed at runtime, but the literal is compiled at load of the script, and provides better performance.
var txt=new RegExp(pattern,modifiers);
or more simply:
var txt=/pattern/modifiers;
This is the same thing that cobbai is saying. In short, you do not have to do both.
|
{
"pile_set_name": "StackExchange"
}
|
<?xml version="1.0" encoding="utf-8"?>
<Project ToolsVersion="4.0" xmlns="http://schemas.microsoft.com/developer/msbuild/2003">
<ItemGroup>
<Filter Include="源文件">
<UniqueIdentifier>{4FC737F1-C7A5-4376-A066-2A32D752A2FF}</UniqueIdentifier>
<Extensions>cpp;c;cc;cxx;def;odl;idl;hpj;bat;asm;asmx</Extensions>
</Filter>
<Filter Include="头文件">
<UniqueIdentifier>{93995380-89BD-4b04-88EB-625FBE52EBFB}</UniqueIdentifier>
<Extensions>h;hpp;hxx;hm;inl;inc;xsd</Extensions>
</Filter>
<Filter Include="资源文件">
<UniqueIdentifier>{67DA6AB6-F800-4c08-8B7A-83BB121AAD01}</UniqueIdentifier>
<Extensions>rc;ico;cur;bmp;dlg;rc2;rct;bin;rgs;gif;jpg;jpeg;jpe;resx;tiff;tif;png;wav;mfcribbon-ms</Extensions>
</Filter>
</ItemGroup>
<ItemGroup>
<ClCompile Include="07.30.c">
<Filter>源文件</Filter>
</ClCompile>
<ClCompile Include="MGraph.c">
<Filter>源文件</Filter>
</ClCompile>
</ItemGroup>
<ItemGroup>
<ClInclude Include="MGraph.h">
<Filter>头文件</Filter>
</ClInclude>
</ItemGroup>
<ItemGroup>
<None Include="TestData_DG.txt">
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A Short Primer for Protestors
October 24, 2011
Not since the Great Depression of the 1930s has there been such anger and frustration regarding both the American economic and political systems. People feel that our politicians have betrayed us, which is certainly true. And they also are beginning to think that the economic system which until recently was considered to be a model for the world has likewise let us down. Capitalism seems a failure. But if not capitalism, what is there? Is socialism the right alternative? Or is there some other way of organizing our economy in a way that serves social justice and the common good, the welfare of all citizens, not just of those with money or power?
Before we consider that question, we should probably define our terms. When I speak of capitalism I mean the kind of economic system which is dominated by large employers, usually corporations, which employ others to work for them. Capitalism is characterized by this employer/employee divide. To an employer, especially a corporation, employees are just so many items of expense. Sure they are necessary, but the fewer of them the better, and the less they are paid the better. That way profits are greater with higher salaries for executives and bigger dividends for stockholders. Capitalism tends toward a kind of class warfare, a warfare of those with economic power against everyone else. As a result, corporations love to ship jobs overseas where wages are cheaper, or to destroy unions in order to lower wages domestically.
Because of this, many people have turned to some form of socialism in hopes of creating an economy that is more humane. Now socialism means different things to different people, and some forms of socialism closely approach the distributist economy I will sketch below. But there is no need to champion socialism, if for no other reason simply because the name itself terrifies people. Historically to label something “socialist” in America has been to demonize it.
But we don’t have to choose between the discredited capitalism that we have and a socialism that conjures up in many people’s minds the Soviet Union and its totalitarian dictatorship. There are many other paths we can take in constructing an economy. And Distributism is one that needs to be seriously considered.
What is Distributism? Distributism is an economic system in which private property exists, yes, but private property at the service of people, of the common good, not of those able to amass the most wealth and power and exploit others. Distributism aims at well-distributed private property, small and local businesses, family farms, and cooperatives. Private property is a good thing if it serves the needs of people. If it is perverted into a method of domination by the rich, then it becomes an evil.
Well, if well-distributed private property is a good thing, how can we achieve it and how could we keep it? After all, wouldn’t the rich and unscrupulous simply accumulate economic power again? Wouldn’t we end up exactly where we began?
Distributists realize that we cannot rely simply on good will to establish or maintain a just social order. Many people might be content with sufficient income and never aspire to dominate others economically. But history shows that there are some who will not be content with a reasonable portion of the goods of this world. Distributists have come up with various ideas for both distributing property and for keeping it distributed. Let’s look at some of them.
One proposal that has often been made is to use the tax code to encourage small property. That is, to apply a highly progressive or differential tax to large concentrations of property, so that large corporations, with numerous outlets or branches, would be taxed at a much higher rate than small and locally-owned businesses. This would tend to break up such concentrations of property and likewise prevent future centralization. There is nothing wrong in using the tax power of the government to achieve this end, since the purpose of the government is the common good, not the welfare of the rich or of corporations. Private property rights are not absolute, but can and must be made to serve social justice. This is neither Marxism nor any form of socialism, but is firmly sanctioned in our historical tradition, for example, in the teachings of the Catholic Church and in early nineteenth century state regulation of corporations, before the U.S. Supreme Court invented the fiction that corporations deserve the rights of personhood. Other means to help divide property which can be implemented immediately include individual decisions to buy locally whenever possible and to boycott chain stores and corporate agriculture.
Distributism rests on the idea that private property has a purpose. That purpose is not to dominate others or to increase one’s income without measure, but rather to support the owner and the owner’s family in reasonable comfort. A person has a right to a living, but not to two or three or fifty livings. We have better things to spend our time on. Human life should be about celebration, about creativity, about community, about spirituality. We must all live together on this planet, and increasingly it is becoming clear that the destructive ways we have lived in the past will no longer work. Property can be used to aid the human race in its growth and happiness or to oppress the majority for the sake of the minority who hold wealth and power. Distributism is a way of empowering the majority, of making us owners, or part owners, of our work places. It is a threat only to those who think of the economy as an arena in which to crush their opponents and grab as much power as they can.
We can do better than capitalism, and we do not need to turn to socialism. Distributism has the potential to bring together many diverse groups of supporters and to create a just economy oriented toward providing for the real needs of all of humanity.
81 Comments
I certainly don’t deny that others besides bankers bear responsibility for the mess we’re in. But by and large, the financial sector controls the government, or at least has a large influence over its actions. Of course, at the root of our problem is our fallen human nature which affects all of us. But capitalism makes this worse. It pretends that the vices of human nature are virtues.
You’re ignoring the fact that the U.S. government and Wall Street have worked hand in hand for this current capitalist society. Wall Street wouldn’t be where it is today if government didn’t surrender and borrow money from banks!
My problem with the protesters and perhaps a distributist outlook is the myopia which it seems to foster. Anger at the banks, at capitalism and at Wall Street in particular has put these things under a lense and yet has overlooked similar “greed” which is just as harmful.
I’m referring to our own govt. and it’s allies and subgroups which have had just as much a hand in creating and worsening the economy of 2008-2011. The sourse of much of this is politics and how it both fed the crisi and at the same time caused agencies to
overlook the dangers which were evident. I’m talking about the FEd., the agencies which had authority over Wall Steet and those bodies which Fannie which fed the ongoing credit bubble.
Now if distributism forces us to consider more control over this, I’d wonder why? Why push for more of the same thing that was not done (or done poorly) in the first place?
Taking this pne step further has caused even more problems. I’m talking about the 2–8 Stimulus bill which borrowed 800 billion dollars to stimulate the economy. It did none of this. It was a slush fund for Liberal/Progressive allies – which were in themselves partners in the same greed which the protesters now protest. The latgest component of the 800 billion dollars was Education, which both ont eh k-12 and college level got fed enormous funding which led to more studentand national debt.
We all know how expensive college has become and increasing aid and direct funding only makes college more expensive. Please consider the following example of how such misguided thinking has done the same in the k-12 level.
In 2008 100 billion dolars was awarded to k-12 education. this was intended to lower class size, retrain etachers and introduce pre-school and full day kindergarten. The 15,000 school districts which particiapated were told in advance to not spend it for continuing programs, because the funding would cease in 2011. They intentionally disregarded this warning. This was free money which swelled the local budgets by 11% in both 2009 and 2010. Now in 2011, when budgets have gone back to 2008 levels, districts have had their budgets go back to prior levels and have cried Rape! They have forced local taxpayers to increase funding to retain part of such Federal beneficence. In other words to steal from the taxpayer even more. As bad as the Wall street give away (Tarp) was, this was worse. (Much of Tarp was repaid) None of this 100 billion will ever be repaid. It is borrowed money which stands as part of the national debt and now has increased local taxes. Why are not protesters marching against Dc, against the Federal dept. of Education, against the NEA ? Where is the distributist thinking here?
yes Subsidiarity is so very important today -but not giving and taking form the many to enrich the few. the few in the above case are the six groups which are the real beneficiaries of public education 1. Teachers, 2. Administrators 3. school boards. 4.state depts. of Education (and Federal) 5. politicans who capitalize on such giving and 6. the college depts. of Education which run a closed shop on who can teach.
Also, distributism hold sacred the duty of government to protect the right of *all* citizens. Capitalism is inherently a plutocracy in which the government predominantly acts in the best interest of the rich and only looks after others to what ever extent it needs to preserve the rich.
@Shelly
I’m not sure how your argument follows. What does that have to do with disagreeing with distributism? Distributists defend the freedom to own land to a far greater extent than capitalists do. Also, has anyone on this site actually advocated for government to divvy up land? I can’t remember reading that anywhere, but I’m pretty sure that distributists would disagree with that too.
I completeyly disagree with distributism. I believe in God given rights of all people. Freedom is tied to land ownership, even Malcome X understood this. A government is there to protest the rights of it’s people not divy them up as they see fit. The answer is less government not more.
A quick response to Stephen Wiberg. I am a neopagan, not a Catholic or even a Christian. My view on distributism is perhaps a bit different than some others. I don’t believe that the government can force a capitalist system to become distributist, though it can support distributist solutions. At the moment, we the people, must be the ones who decide whether we want to live our lives dominated by giant corporations or whether we want to be free.
I can understand the objection to capitalism being a materialist one. I think a fair rejection of that (though it is a pro-distributist rejection!) is that economics is only one part of life, and materialism may be appropriate there.
The real solutions? These occur on two sides: What the People Must Do and What the State Must Do.
The People Must:
1) Often seek to be self-employed
2) Foster and support self-employment in others
3) Bank with small local banks and credit unions
The State Must:
1) Make bailouts of businesses that are too big to fail contingent on breaking up those businesses so that the pieces are no longer too big to fail.
2) Exempt the smallest businesses from as much regulation as feasible
3) Allow welfare programs to support those who are seeking to become self-employed when on public assistance
4) End corporate loopholes regarding taxes, increase the corporate marginal tax rate significantly (this might mean giving a tax break to small corporations though)
5) Ideally there would be an excise tax on long-term rentals and leases (leases lasting more than a month or two), with the exception that natural persons should be allowed to lease out one item at a time, tax free.
This excise tax would force rental prices up, but rentals would be in competition with sales, and so the real squeeze would happen at the landlord or similar level, and it would discourage buying property to use to make income. There would be no seizure. People could sell freely or not rent out.
Mr. Simnel, are you denying Socialism has any truth, in opposition to the Supreme Pontiffs?
_________
Quadragesimo Anno:
117. But what if Socialism has really been so tempered and modified as to the class struggle and private ownership that there is in it no longer anything to be censured on these points? Has it thereby renounced its contradictory nature to the Christian religion? This is the question that holds many minds in suspense. And numerous are the Catholics who, although they clearly understand that Christian principles can never be abandoned or diminished seem to turn their eyes to the Holy See and earnestly beseech Us to decide whether this form of Socialism has so far recovered from false doctrines that it can be accepted without the sacrifice of any Christian principle and in a certain sense be baptized. That We, in keeping with Our fatherly solicitude, may answer their petitions, We make this pronouncement: Whether considered as a doctrine, or an historical fact, or a movement, Socialism, if it remains truly Socialism, even after it has yielded to truth and justice on the points which we have mentioned, cannot be reconciled with the teachings of the Catholic Church because its concept of society itself is utterly foreign to Christian truth.
118. For, according to Christian teaching, man, endowed with a social nature, is placed on this earth so that by leading a life in society and under an authority ordained of God[54] he may fully cultivate and develop all his faculties unto the praise and glory of his Creator; and that by faithfully fulfilling the duties of his craft or other calling he may obtain for himself temporal and at the same time eternal happiness. Socialism, on the other hand, wholly ignoring and indifferent to this sublime end of both man and society, affirms that human association has been instituted for the sake of material advantage alone.
119. Because of the fact that goods are produced more efficiently by a suitable division of labor than by the scattered efforts of individuals, socialists infer that economic activity, only the material ends of which enter into their thinking, ought of necessity to be carried on socially. Because of this necessity, they hold that men are obliged, with respect to the producing of goods, to surrender and subject themselves entirely to society. Indeed, possession of the greatest possible supply of things that serve the advantages of this life is considered of such great importance that the higher goods of man, liberty not excepted, must take a secondary place and even be sacrificed to the demands of the most efficient production of goods. This damage to human dignity, undergone in the “socialized” process of production, will be easily offset, they say, by the abundance of socially produced goods which will pour out in profusion to individuals to be used freely at their pleasure for comforts and cultural development. Society, therefore, as Socialism conceives it, can on the one hand neither exist nor be thought of without an obviously excessive use of force; on the other hand, it fosters a liberty no less false, since there is no place in it for true social authority, which rests not on temporal and material advantages but descends from God alone, the Creator and last end of all things.[55]
120. If Socialism, like all errors, contains some truth (which, moreover, the Supreme Pontiffs have never denied), it is based nevertheless on a theory of human society peculiar to itself and irreconcilable with true Christianity. Religious socialism, Christian socialism, are contradictory terms; no one can be at the same time a good Catholic and a true socialist.
And still avoids the question: How is it possible for Distributism, a system of small distributed property, in any way similar to, analogous to, comparable to, or any other words you want to use, with Socialism, a system based on the abolition of private property?
And I thought I just answered your question. I even gave specific examples. This conversation seems to be going something like:
You: Dogs have nothing in common with cats.
Me: Actually, they both have four legs.
You: But cats don’t like dogs. They are completely opposite.
Me: They also both have tails and eat meat.
You: But you still haven’t explained how they have anything in common. You keep dodging the question.
“Rerum novarum criticizes two social and economic systems: socialism and liberalism.” (Bl. Pope John Paul II, Centissimus Annus, n.10)
Yes, I do know the meaning of the term and the different contexts in which it can be used. I think the above quote speaks for itself.
In Catholic teaching, liberalism is the belief that all religions are equally true. The Catholic Church condemns liberalism (not to be confused, as you have done, with political liberalism), because, logically, if all religions are equally true, then all are equally false. You should find out what the terms mean that you use before you use them, or ask a question when someone uses a term or makes a statement that doesn’t seem to make sense, such as how can Distributism, a system based on widespread distribution of private property, be in any meaningful way similar in any way to Socialism, which is a system that abolishes private property? I keep asking that question, and no one seems able to answer it.
Well, for example, distributists and guild socialists both argue for the reestablishment of a medieval guild system. Distributists and anarcho-socialists both argue for governments not to interfere in production matters. The popes also condemn liberalism in the same breath, and yet there are areas of overlap between liberalism and distributism.
Which, of course, brings up the question he keeps avoiding. How is it possible to say in any way shape or form that Distributism, a system of widely distributed private property, has anything in common, overlap, approach, or anything else with Socialism, defined as the abolition of private property? If the Popes aren’t liars, then there is nothing in common. The essence of Socialism and the essence of Distributism can never be reconciled. Mr. Storck is bending over backwards to accommodate the Socialists, and openly sneering at anyone who dares ask him a straightforward question. Haven’t you noticed how quickly he changes the subject every time I ask the question?
I never said he was saying it was good or bad. I was asking how it was possible for him to make the statements he makes with a straight face. He keeps ducking.
@Lambert Simnel
I don’t think that Mr Storck was saying that socialism was a good thing or that it was compatible with the Catholic Social Doctrine. I understood simply that certain variants of socialism, such as mutualism and guild socialism, had significant areas of overlap with distributism. Of course, it is the areas that don’t overlap that make distributim distributism and not just another variant of socialism.
Mister Storck, as I thought, you duck the question. I will ask it one last time and then, because you refuse to answer, I will answer it for you. I will then explain why my answer is correct, and your position is not only incorrect, but is directly opposed to the natural law accepted by the Catholic Church, and thus to Catholic social teaching.
The question is:
How is it possible, in any way, shape, or form, to claim that Socialism, explicitly condemned by the Catholic Church on the grounds that it is directly contrary to human nature, is in any way, shape, or form similar to, approaches, akin to, resembles, or any other words you choose to employ, Distributism? Socialism, the abolition of private property, is the antithesis of Distributism, which is a policy of small distributed property.
You cannot and will not convince me, bully me, nor intimidate me or in any other way get me to admit in any way, shape, or form that black is white, or white is black, especially when all you have done is repeat that the Popes have in some way contradicted their own teachings. You can call me dumb. You can call me stupid. You can call me a heretic. You can call me a liar. No matter what you say, I cannot, and will not believe that the Popes are talking nonsense, and you can’t make me.
The answer is:
Socialism is clearly defined not just by Karl Marx, but by Pope Leo XIII, as the abolition of private property. As he said in Rerum Novarum,
4. To remedy these wrongs [of Capitalism] the Socialists, working on the poor man’s envy of the rich, are striving to do away with private property, and contend that individual possessions should become the common property of all, to be administered by the State or by municipal bodies. They hold that by thus transferring property from private individuals to the community, the present mischievous state of things will be set to rights, inasmuch as each citizen will then get his fair share of whatever there is to enjoy. But their contentions are so clearly powerless to end the controversy that were they carried into effect the working man himself would be among the first to suffer. They are, moreover, emphatically unjust, for they would rob the lawful possessor, distort the functions of the State, and create utter confusion in the community.
Leo XIII did not say “some Socialists.” He did not say “some forms of Socialism.” He did not say “a couple of Socialists.” He did not say “except for those forms that approach or resemble Distributism.” He did not say “just kidding.” No. He said “Socialism.” No exceptions.
Pope Leo XIII condemned Socialism. Pope Pius XI condemned Socialism. Chesterton and Belloc condemned Socialism. You, on the other hand, try to clean it up, or say that it is “really” Catholic, when, according to the Popes, it is the only thing worse than the Capitalism or, according to you, hating the sinner and not the sin, the Capitalists. You thereby “create utter confusion in the community.”
It looks like you find this useful. As C. S. Lewis pointed out, it’s easy to be popular by loudly condemning those sins that your followers are least likely to fall into or especially those sinners they think they don’t resemble. It’s so much easier to point the finger at others than to examine your own thoughts, words, and deeds. Gluttons attack the dangers of dieting. Misers warn against the perils of profligacy. Socialists, as you have seen, get hysterical about the evils of Capitalism or more usually the evil Capitalists, forgetting that Socialism, which would abolish human nature, is much worse than the distortions of human nature imposed by Capitalism. This is that “one little twist to the mind” Chesterton talked about. Accept this, you say, and all will be well. Unfortunately, what you want is to save humanity by making it not human.
My guess is that you are taking great comfort in the assumption that I must be some sort of crypto-Capitalist, have bad faith, or am unintelligent. I must be evil or I would agree with you. No. I detest Capitalism far more than you ever could, for I understand it and Socialism far better than you do. I do not, however, as you do, detest Capitalists. Whether or not you want to believe it, Capitalists are as human as you or I. No human being deliberately does evil knowing it to be evil. All things, as Aquinas explains, seek the good. If evil is sought, it is because someone has a distorted idea of the good, or is avoiding some greater evil. You, of course, know better. You hint that anyone who disagrees with you must be evil or not a good Catholic, when it is the Socialists who the Pope says cannot be good Catholics.
Why is your position contrary to the truth? Because all that exists is created by God and is a reflection of His Nature. Nothing created by God can be inherently evil. Having free will, humanity can construct things using God’s creation that, misused, can be used for evil, but the things themselves are, as things, good. The same nuclear weapon that can incinerate millions of human beings can also, conceivably, be used to power a space ship or move a meteor or asteroid from a collision course with the Earth. A thing is morally neutral until it has been used for good or evil, but as a thing, it is good, for it exists. A disease germ is only evil to humanity, not to others of its species. Man can do evil to his fellow man, but only because he has free will, and because he believes it to be good. If you doubt that, you should read Mein Kampf, in which even Adolph Hitler presented himself as a savior of the human race. Don’t forget that “Nazi” means “National Socialist,” not “National Capitalist.”
Only ideas, the only thing that humanity as a rational creature can truly be said to create, can be good or evil in and of themselves. Thus, even abortion as abortion is not evil. It is the intent, the idea, that you can deliberately terminate an innocent life even for the best of reasons that makes abortion objectively evil. An unintended abortion, while it remains abortion and causes great harm, is not objectively evil.
Similarly, you present a long list of reasons why Socialism not only isn’t so bad, it is really good. You even misquote Pius XI and list all the good things that, to give the Devil his due, the Pope admits that Socialism attempts. Nevertheless, while it is true that Capitalism has many evils, it is not contrary to nature. Capitalism is a serious distortion of nature, but it does not contradict nature. Socialism, on the other hand, contradicts nature. While it has deceived you and your followers, and appears to have entered the Distributist movement by the front door, nothing you say or do can change the fact that Socialism, if it remains true Socialism, is directly contrary to human nature, and thus to Catholic social teaching.
Your error appears to be rooted in what Pius XII identified as the chief danger undermining Catholic doctrine. This is the widespread belief, as false as it is dangerous, that the natural law, and thus Catholic social teaching, is based on God’s expressed Will. Thus you insist not only that the Bible or the teachings of the Popes are true (as they are, but not for the reasons you suppose), but that your personal interpretation must be correct, even when it contradicts in some fashion something else that is in the Bible, or that the Popes have taught.
In short, you have fallen into the trap of believing that something is true because the Pope said it, or because it is in the Bible, and then assume that your personal understanding of what is said is equally true. This is exactly the opposite of the truth. Nothing is true simply because the Pope says so or because it’s in the Bible. No, the Pope says so, or it’s in the Bible because it happens to be true. That’s a completely different thing. This has the advantage of letting you get away without making any real argument, but also to attempt to settle arguments by sneering at others who “just don’t get it.” This is why, as Chesterton remarked, that there is so little argument these days, and so much sneering.
Your method shifts the whole basis of the law from God’s Nature, to your will. No natural right, whether life, liberty (freedom of association/contract), or property, is subject to change in its essence, regardless of the need you see or think you see. You cannot redefine essential terms or substantial nature for your convenience or need, no matter how great, any more than the taking of an innocent life can be justified on any grounds whatsoever.
If you insist on changing definitions of natural rights like life, liberty, or property, you are not only mocking the teaching of the Catholic Church that the truth is not subject to change, any more than you can change God’s Nature on which it is based, you are making a liar out of Jesus, who promised that not one iota of the law would pass away.
Do I think that any of this will convince you of your errors? No. But, being only human, I could be wrong. Maybe you do have, hidden away in some corner of your ego, enough humility to admit that you have made a great mistake. That’s not for me to say. I have a purely human conviction that you will never be able to let go of your devotion to your own will and faith in your own infallibility.
I think that socialism and capitalism approach distributism where the scale is sufficiently small. I’d also suggest that to properly implement distributism in an area, at least some necessities must be socialized. Roads, for example, cannot fall into the hands of private monopolies who can then control access to one’s home or business.
I would argue the same is true with the infrastructure connecting houses to the public switched telephone network, and to the internet. But if the services are separated and remain privately provided over that infrastructure, then we have more capitalists with less power, which is what the Distributist wants.
I want the government to run roads, not ship freight or run taxis. I want the government to run lines to connect to the telephone network, but not portions of the network or services on these which are not necessarily tied to it. In so doing, the level of regulation of businesses can be reduced because competition and free access to the market is built into the system rather than the assumption being that owners should have control over their business investments.
“Phrases like “reasonable comfort” are specifically chosen because they avoid naming a dollar figure.” This is true. However, there have been attempts, and I think for the most part successfull, to put a dollar figure on these things. There used to be two family budget published by different agencies, one I believe from the federal government, the other from the University of California, which set frugal, medium and high family budgets. They were usually in agreement within a few hundred dollars or so. I think both of them are no longer produced. But the Department of Agriculture still publishes a food budget, dependent on age, family size, etc., with four levels. Here is the link http://www.cnpp.usda.gov/USDAFoodCost-Home.htm
They also have separate budgets for Alaska and Hawaii.
To calculate a reasonable standard of living for a particular family size is not as unreasonable as it seems to some people. But this is not to say that distributists want to nail down everyone’s income to an exact dollar amount.
“That right to property, therefore, which has been proved to belong naturally to individual persons, must in like wise belong to a man in his capacity of head of a family; nay, that right is all the stronger in proportion as the human person receives a wider extension in the family group.” (Rerum Novarum §13)
…
Effectively, the right to ownership of production of any individual is proportionate to the size of his household. A man with a wife and five children has a significantly greater right to property ownership than a single man living on his own.
Phrases like “reasonable comfort” are specifically chosen because they avoid naming a dollar figure There is always going to be a certain amount of flexibility around that question. However, the above stated rule, that the right to property is proportionate to the size of the household, takes precedent.
Repeatedly throughout the article and other writings on this website I have encountered the phrases like “reasonable comfort”, and others which indicate that there is a proper level of material wealth which individuals can have without falling into the category of “the rich”. What is this scale in terms of yearly salary? Many would agree that the salaries of corporate executives are bloated. However, when we leave the realm of billionaires, many in the top 70-95% of income earners would argue that they living reasonable life styles.
What exactly is the difference between the wealthy and the rest of society? What amount of wealth are people entitled to?
Socialism is a term as vague and broad as capitalism. There are various movements called socialist, like mutualism, individualist anarchist and so forth, that do not call for the abolition of what could be called private property. There are certainly forms of socialism that approximate a distributive state; an economy of widely dispersed property ownership.
What condemns socialism and liberalism is the materialistic philosophy; not that private property isn’t important, but Pope Pius XI stated, even if every one of the erroneous economic errors of Socialists has been corrected, they would still be Socialists because of the erroneous philosophy of believing there is no afterlife and thus the aim of humanity to pursue earthly happiness. If you would read the encyclicals thoroughly instead of having this knee-jerk reaction of disbelief that Distributists and moderate Socialists do hold things in common, but from different perspectives.
Not just Marxist socialism, but all socialism is defined as the abolition of private property. Any system that does not recognize that the right to be an owner is inherent and absolute in the human person, however limited the exercise of that right for the common good, is socialist. To deny that private property is a natural right is to abolish private property — whether or not the State or community or whatever “allows” private ownership — it has ceased to be a natural right, and has become contingent upon something other than the fact of the owner’s humanity.
If, as Chesterton and Belloc insisted, distributism is a policy of small distributed private property in capital, land, or whatever, and — as they also insisted — that all forms of socialism are opposed to this ideal, just as capitalism is, though to a lesser degree, then how is it possible to say that any form of socialism approaches, is similar to, has the appearance of, or in any way resembles distributism? Am I really so stupid that no one can explain something so fundamental to what it means for something to be distributism?
Lambert, there have been many definitions of “socialism” throughout the years, and not all advocated the abolition of private productive property. Marxist socialism does, yes, but Marx largely hijacked the term to make people forget about the other varieties of socialism. In any event, no one is saying that distributism and Christian socialism are identical, just similar.
Viking
Now I am even more confused and baffled than before. Socialism is defined as the abolition of private property. If something does not advocate or demand the abolition of private property, it is, ipso facto, not socialism.
Thus, I ask again the question that you keep dodging:
How is it possible in any way to reconcile distributism, defined as a policy of small distributed private property, with socialism, defined as the abolition of private property? They cannot possibly “approach” each other, as they are inherently opposed; their substantial natures are completely different, however much their accidentals may outwardly resemble one another in some circumstances. You’re talking out of both sides of your mouth, or (as I originally said) you’ve figured out a way, to your satisfaction at least, to have your cake and eat it, too.
You’re playing word games, with the result that, by discarding the idea that definitions mean something, or that reason has any applicability, nothing has meaning. By dismissing or discarding reason, and changing definitions at will, you undermine the basis of Christian doctrine — as well as Jewish and Islamic, as Pius XII warned in § 2 of Humani Generis.
You seem to be confusing form and substance. Call me dumb, but you are coming across as saying two contradictory things and yet maintaining that they are, in fact, the same thing in some cases, when it is impossible — by definition — that they can ever do any such thing.
Pius XI stated as clearly as it is possible to state anything that you can’t be a socialist and a Catholic at the same time, yet you seem to want to insist that, on the contrary, yes you can.
You can throw all the jargon around you like, you can cite other statements, but I, for one, am not going to believe that the pope is going to contradict himself, or that he really means white when he says black, or black when he says white.
Again, appreciation all around for the response. Fair enough – if you’re not interested in the term, then you’re not interested in the term. The same aversion you feel toward the word “socialism” is shared by many Christian Socialist brothers and sisters who are completely put off by the term “distributism,” which is sad. I hope greater mutuality and understanding can come about some day – especially since they share a common faith. And as your orignal post indicates, OWS might be a good place to begin speaking about Distributism.
As you’re probably aware, a book responding to Benedict’s Caritas in Veritate called, The Crisis of Global Capitalism, is due soon and contains an essay be Medaille (which he might have already shared). At any rate, I for one greatly forward to the book as it seems to indicate a third way – combining the best insights of distributism and Benedict’s pushing for a “civil economy,” echoing the Christian Socialism of RH Tawney and Karl Polanyi. But I can see that I’ve taken us off topic and so I’ll bow out for now. In the meantime, I look forward to your future posts!
You wrote, “I am still completely baffled how distributism, a system of widely distributed private property, has anything in common with socialism, the abolition of private property.”
I am baffled how you can ignore or not understand Pope Pius’ statement that the economic proposals of some moderate socialists “at times come very near those that Christian reformers of society justly insist upon.” Please understand that not all forms of socialism advocate the abolition of private property. This does not make socialism right; socialism is wrong, however, because of its materialistic philosophy, not necessarily always because of its economic proposals.
BTW, I did not “carefully” omit Pius condemnation of socialism because of its materialistic philosophy. (See my first reply to Robb.) But I was focusing on their economic ideas only at that point.
Robb,
Certainly the Guild Socialists advocated something with affinities to the Church’s social teaching. Pius XI was focusing on socialism as the international movement it was, what he considered “true” socialism. But the example of the British Labour Party, shows I think, that the term can be used by anyone with many different meanings. But I’d certainly not advise a Catholic to apply that label to himself. It’s unnecessary and distracting, and one would have to continually try to explain how he didn’t fall under Pius XI’s condemnation. We can advocate for economic justice without becoming socialists. I am not interested in trying to reclaim the label “socialist” or trying to rehabilitate it, or to join in a quarrel about who are the real or original socialists. It’s clear that socialism as a movement is wrong, and thus forbidden to Catholics, while it’s equally clear that there have been people who’ve called themselves socialists who did not fall under that ban. And it’s equally clear what I’ve said several times in these comments, to Mr. Simnel especially, that the economic proposals of real but moderate socialists can at times come close to Catholic social principles.
I agree: we often get too caught up in a name WRT terms like “Christian Socialist” or “conservative.” The only thing I would add by way of response is that historic Christian Socialism of the early 20th century said something quite simliar to distributism; that is, they pushed for decentralized and local economies, bypassing market and state, AND they adamantly held to a Eucharistic understanding of social organization – not unlike Vat II and Benedict XVI’s Deus Caritas Est, which puts them far, far from Marxism. To my mind they effectively demonstrate that “socialism” is not a univocal term nor even a “left” term (see John Milbank); unhelpful, perhaps; but certainly not owned or even created by Marxists. Christian Socialism, not unlike distributism, are trying to recover “the primacy of the social” out from under the neo-liberal logic of market, state and anthropology. And not just any sense of the “social,” but the transcendental nature of humanity that _is_ inherently social. In this, they are completely in line with Benedict XVI.
I am still completely baffled how distributism, a system of widely distributed private property, has anything in common with socialism, the abolition of private property. As Pope Pius XI clearly stated in the passage Mr. Storck carefully omitted from the passages he quoted from Quadragesimo Anno,
“120. If Socialism, like all errors, contains some truth (which, moreover, the Supreme Pontiffs have never denied), it is based nevertheless on a theory of human society peculiar to itself and irreconcilable with true Christianity. Religious socialism, Christian socialism, are contradictory terms; no one can be at the same time a good Catholic and a true socialist.”
If it’s distributism, it’s not socialism. If it’s socialism, it’s not distributism. A thing cannot both “be” and “not be” at the same time.
Thanks for the good words. You commended me because of “the olive branch you’ve offered to OWS.” But I don’t think that OWS has only one ideology and I think that distributism has as good a claim as any other. Some of us, including myself, have been at the various protests, handing out distributist literature, and I don’t think we saw ourselves as outsiders, simply as adding another ideological voice to the mix.
Now as to you comments on socialism, I want to try to be precise, in part because I know I might be criticized by Catholic capitalists, who are only too ready to brand distributists as socialists.
I noted, as did Pius XI, that the economic proposals of some kinds of socialism “come very near those that Christian reformers of society justly insist upon.” But as you probably know, he went on to say, “no one can be at the same time a good Catholic and a true socialist.” Now what did he mean and why did he say that?
The operative word in that last quote is the word “true,” be “a true socialist.” The British Labour Party used to call itself socialist, but the British bishops never said that Catholics could not vote for Labour or serve as Labour MPs, on the contrary, Catholics tended to vote Labour. But that’s because they were not “true” socialists. Pius XI said this of socialism: “Whether considered as a doctrine, or an historical fact, or a movement, Socialism, if it remains truly Socialism, even after it has yielded to truth and justice on the points which we have mentioned, cannot be reconciled with the teachings of the Catholic Church because its concept of society itself is utterly foreign to Christian truth.” (QA 117)
In other words, the socialist movement historically was materialistic and at bottom atheistic. Now you may protest, what of Christian socialists? Well, using Pius’ terminology, they probably weren’t truly socialists. The name is not the important thing, after all. But, then, why would someone insist on that name if he felt no affinity with historic socialism? It’s kind of like the stupid word “conservative.” There are so many people claiming to be conservatives, sometimes hardly agreeing on anything. Why is the term important to them? I’m not sure, but the same may be said for those who are anxious to be called socialists. In some cases it may be because they don’t want to be identified as capitalists, and I can certainly understand and agree with that. But one doesn’t have to be either a socialist or a capitalist, as we distributists never tire of pointing out.
By the way, the fundamental criticism of socialism that Pius XI makes, John Paul II extends to the philosophy behind capitalism in Centesimus Annus. Both socialism and the philosophy that has always been behind capitalism are each equally materialistic and opposed to Catholic truth.
To the point made by TeaPot regarding whether distributism calls Gates and Jobs evil “because they succeeded in accumulating large fortunes” , I think the answer was given by Gates himself in his “Creative Capitalism” speech at Harvard. In the speech he himself talks about how the markets considered it worthier to save some lives over others. It is this inequality that comes from accumulating wealth that is evil and not Gates or Jobs per se.
Also Gandhi took this argument about accumulation to the extreme when he said “I suggest we are thieves in a way. If I take anything I do not need for my own immediate use and keep it I thieve it from somebody else”. I think what distributivism is trying to do is just to reduce this theft and thereby reduce the inequality by using minimal force unlike the socialist/communist regimes.
I really appreciate this article. I’m very glad you penned the following: “socialism means different things to different people, and some forms of socialism closely approach the distributist economy.” I think Distributist are long overdue in examining again their relationship to Christian Socialism, as one example of socialism, which looks a lot like Distributism at the end of the day.
Distribustist, when they debate socialism, often seemed mired in the debates of early 20th century political economy. Things of course have changed (as you note from Pious XI Quadragesimo Anno). For instance, many socialist (especially Christian Socialist) are happy to say that Marx was 100% right about capitalism and 100% wrong about communism. In fact, there existed a version of Socialism that predated Marx, which was started by Christians who advocated a decentralized economy. With that said, I appreciate the olive branch you’ve offered to OWS, if not a genuine rapprochement.
Somewhat obvious tangent: I also think it should be noted that Marx was not against private property per se, but against bourgeois private private property. Conversely, the private property of the distributist, stemming from Aquinas, looks much more communal than anything dreamed up by liberalism, as Storck notes.
Teapot; you start with the wrong mentality; as if the only aim and standard of an economy were the extent it could proliferate electromagnetic gadgets and consumder goods. I’m not saying there might not be worth in these, simply that perhaps you need to look again at your priorities and consider just what the goal of society and the economy is and start from there.
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There was no pure capitalism, in the sense used by the free market dreamers, in the 1920s; such a system never existed. The system you claim allows innovators, a word that once had at least as many negative connotations as positive, to flourish is, and always has been, replete with state intervention.
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Stephen; Kevin Carson has done excellent work on actually existing capitalism and state intervention. He came up with the term(I think, he at least uses it well) vulgar libertarian, to describe free marketeers who one minute concede corporate welfare exists and is bad and the next minute are claiming the successes of actually existing capitalism as that of the ‘free market’.
One of the outstanding benefits of the USA system that has existed is that an individual with an idea – a Thomas Edison, a Bill Gates or a Steve Jobs – which leads to a product or products which many people want, can earn large financial rewards. The people in the OWS movement seem to criticize mostly CEOs of corporations, who are typically hired managers. The guys who have the ideas and succeed in “selling” investors on putting in the risk capital needed to develop the new inventions can (but usually do not!) become multibillionaires.
Do the distributists claim that Bill Gates or Steve Jobs is evil because they succeeded in accumulating large fortunes? The possibility of gaining such a fortune seems to be a requisite for talking venture capital investors into taking the risk (of losing the investment) if the idea fails, as most ideas do.
Economic systems designed to prevent anyone becoming wealthy also seem to prevent anyone taking the risk of financing a new idea. The demonstrators in the USA in the OWS movement are not starving. They have their own cell phones, for example. Contrast this with the real poverty in poorer areas in Latin America and Africa. It is not what a government claims to do, but how it actually functions that impacts the living standards of the people in a country.
Pure unregulated capitalism has not existed in the USA since the 1920s; and the Depression of the 1930s was exacerbated by failures of the central bank (Federal Reserve)
Most decisions of banks and other corporations in the USA in recent decades are heavily influenced by regulations and the US Tax Codes. If the government subsidizes an activity (ethanol produced from corn), you get more of it. If the government taxes an activity, you get less of it. If government programs penalize a poor family with the husband present, but reward a family in similar circumstances with a single mother, you get lots of unwed mothers. This is well documented in the changes since the War on Poverty programs of LBJ’s administration in the 1960s. Good intentions often do not lead to good results. We should try to learn from what DOESN’T work, rather than just increasing the amount of money disbursed in programs that fail.
TeaPot562
@ Wessexman
Ha, interesting way of putting it. I guess the people who say: “capitalism is really great, it’s just that what we have at the moment isn’t *real* capitalism”, those people aren’t really that much different to the people who say: “communism works great on paper, it’s just that what happened in the USSR et al wasn’t *real* communism”.
The Egyptian; it might also be worth pointing out that capitalism has always been ‘crony capitalism’ historically. A lot of people who say they’re against ‘crony capitalism’ and the like still seem to think state intervention is easily detachable from actually existing capitalism and can therefore claim most of the fruits of it(that these fruits are not necessarily as sweet as vulgar, popular ideology would have it is usually ignored.). This is not true, state intervention is endemic in actually existing capitalism and always has been(and needs to be to support it in anything like it current structure.).
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While it is probably true that if this completely ‘non-crony capitalism’ could be instituted and, as importantly, maintained in a more or less pure state, it would be significantly better than actually existing capitalism. However it is not at all certain it would be come close enough to fulfilling the main goals of distributism nor that we must simply follow the blueprints of the free market capitalists as the only viable or just economic system.
Well, Egyptian, you’re right, we do mostly have crony capitalism right now. But crony capitalism is simply a logical development of capitalism itself, since our fallen human nature will want to take advantage of opportunities to use political power to further one’s economic interests. Again, Pius XI has a brief discussion of this in Quadragesimo Anno, where he talks about financial interests capturing state power.
you are not describing capitalism you are describing corporatism, true capitalism is many employers and many employees, the freedom to start a business without government interference, and to keep the fruits of your labor, none of which is currently happening. There is nothing wrong with true capitalism. The problem is when we have business that are “too big to fail”, in capitalism as well as in religion there has to be hell, the ultimate recompense. GM should have been left to fail, any another business that we propped up. The housing mess was started by Government mandating loans to people that traditionally would not be considered good risks, I have family in banking, a small local owned bank, they paid penalties for years because they would not go along with the Fannie and Freddie, Barney Frank, Chris Dodd mandated high risk loans, they have had no defaults on housing loans. No what we currently have is corporatism, crony capitalism aided and abetted by corrupt liberal politicians.
Get it straight, we do not need to be europe, they really are doing good aren’t they
There are a lot of objections and good questions that need to be answered here. Some of the answers are in the various other articles available here, by others as well as myself. But I’ll try to address some of the points people have raised.
First Mr. Wiberg wrote, “But when distributists start talking about real solutions about how to make this happen, seizing property, setting salaries and wages, etc, I can only think of restricting freedoms by force (directly or indirectly through law); I can only imagine dictatorships, and not the Kingdom of God… perhaps I am dull.”
I’ve never advocated confiscation of incomes, at least as a general policy, but according to very sound moral theologians, such as Msgr. John A. Ryan, such a policy would not be unjust, even if it would not always be wise. Provided, of course, that the upper limit of income was really reasonable and a generous margin of error was allowed in the interests of freedom. But consider the analogy with marriage. Is my genuine freedom restricted by being allowed only one wife? Even more so, would my genuine freedom by restricted if the civil law forbade remarriage after divorce? Why are our economic appetites more sacred than our sexual drives? Holy Scripture and the traditional teaching of the Church consider both of them as needing restraint and traditional Catholic praxis often put legal limits on both of them.
Then he wrote, “you write approvingly of the Italian cloth traders that worked 5-6 hours a day and were satisfied with very little. I read stuff like this and I think about all the magnificent palaces and plazas that exist in places like Florence and Venice, and about the disparity of wealth that must have existed then! I mean imagine how expensive building those wonders were without modern equipment!!! And you honestly expect me to believe that greater economic equality existed back then?”
Well, those cloth merchants I referred to were actually German, but no matter. Consider however those Renaissance princes. How much of their wealth went to endowing public buildings, churches, etc., which everyone could enjoy and profit by? And in their palaces and private houses, how many servants did they employ, often mostly for show, who may have had very little actual work to do on most days? The entire work/leisure rhythm was very different in that era. I’d suggest that you immerse yourself in traditional Catholic socio-economic thought. You might find yourself being more receptive to distributist thought.
Mr. Peterson,
Thanks for the good words. The definition of capitalism as denoting the employer/employee divide comes from Pius XI in Quadragesimo Anno.
Distributists do not advocate a leveling of income. There will always be differences and this is both inevitable and just. The best discussion I know of this is in Msgr. John A. Ryan’s book, Distributive Justice, where he weighs all the factors: education, hazardous type of work, difficulty of finding competent employees, etc., etc., and tries to balance all the factors in justice.
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@Brady
In fact, I would argue that hard work is rewarded more so according to distributist principles than according to the status quo. At present a person can slog their guys out and barely make ends meet, while someone else can work half as much and make fifty times more, just because they are in possession of large property aggregates. You might argue that they had to work hard to get there, but beyond a certain point money begets money, since percentage overheads are reduced, and can you really say they worked hard enough to deserve *fifty* times as much as someone else? Two or three times, maybe, but *fifty*? People can also make lots of money day trading stocks, which adds no value to the economy whatsoever. Distributism rewards *honest* work more than either capitalism or socialism.
So I’m new to distributism, but it certainly interests me. I’m used to the idea that the harder you work, the more money you make. So is this concept completely negated with distributism? For example, would a doctor be compensated more for his schooling and the importance of his medical advice? I think I like the basic idea of distributism, but I won’t get behind it if good old work and perseverence aren’t rewarded to some degree.
@Thomas
Great article. I especially like your definition of capitalism as characterised by the employer/employee divide. Elegant.
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@Wessexman/Javier
In regards to the corporate personhood, it has always struck me as odd why governments tax individuals and corporations as individuals and corporations when, if you want to recognise family as the most basic of society, the family ought also be the most basic unit of economy. Why do we elevate personhood above family in the first place, be that individual or corporate? Aristotle, in his Politics, considered private property to be held communally by the household for the good of the household, not by an individual. Whatever happened to that idea?
Steven Wiberg; I do not favour the use of progressive income taxes unless absolutely necessary, but how are they the mark of dictatorship and confiscation? Come on this is very much over the top rhetoric. Most Western nations have progressive income taxes.
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One point your general analysis misses is that distributism isn’t really about equality or giving workers the full value of their labour according to some labour theory of value. Distributism is based on the traditional Christian view of man and society and creating the right society and economy for the full development of man according to this view. The current inequality mostly matters because of its role in denying easier access to real, productive property for families, decent, dignfying and creative jobs for individuals and other similar reasons, not simply because it makes people unequal.
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Javier H. von Sydow; I’m certainly in favour of bringing back corporate personhood under the guise of the guilds. However I wouldn’t go so far as to say current corporations have much successes. Even aside from Kevin Carson’s anaylsis which shows they largely rely on the state for their efficiency, a lot of their ‘successes’ are not things that are very high priority according to my reading of the traditional Christian view of man and society and in fact the likes of the demand for cheap consumer goods from the third world simply retards progress in a distributist direction.
You must understand, Stephen, this: the Distributist arguments, at least those of Catholics, are based on the Social Doctrine of the Church, embodied in such encyclicals as Quadragesimo Anno and Pacem in Terris. You must understand, too, that the common good is this: the good of allowing people to live in peace and grow in virtue. Today’s society fails definitively in this. BTW, sorry about my tone in the previous posts, but this is a subject I am passionate about.
“At any rate, please explain how your distinction disrupts my argument. It would seem that a tax on property (“widget-making” machines) would be subsumed under the “cost of material” part of my analysis.
Do you mean to suggest that things are so bad right now so as to justify the seizure of other people’s “widget-making” machines? I had thought that it only became permissible to do this when lives were in danger…”
Steven, apparently you don’t think the National debt is a curse, nor the many thousands of jobs lost overseas is a big blot on the current system. The Popes have decried the capitalism, and things weren’t bad as they are now.
BTW, I forgot to mention that the people owning that kind of productive property forced to sell their productive property would be compensated for.
“But when distributists start talking about real solutions about how to make this happen, seizing property, setting salaries and wages, etc, I can only think of restricting freedoms by force (directly or indirectly through law); I can only imagine dictatorships, and not the Kingdom of God… perhaps I am dull.
Lastly, Every distributist article I’ve ever read seems to have in it a vein of thought that springs from some naive longing towards the market relations that existed prior to the advent of mass production. For instance in your own article “the starting point for economics” you write approvingly of the Italian cloth traders that worked 5-6 hours a day and were satisfied with very little. I read stuff like this and I think about all the magnificent palaces and plazas that exist in places like Florence and Venice, and about the disparity of wealth that must have existed then! I mean imagine how expensive building those wonders were without modern equipment!!! And you honestly expect me to believe that greater economic equality existed back then?!?”
You, sir, really don’t understand medieval workings of society, and think that Distributism want strict economic equality (Socialist do, BUT not Distributists). THERE WAS NO STRICT ECONOMIC EQUALITY! But the people in medieval society were content because they knew what their place was in society, and they were content, because the lower classes didn’t need as much as the higher, and yet were economically secure (much more so than nowadays). They also lived the Catholic religion thoroughly; it permeated all aspects of their lives, not separating it from the secular as most Catholics unfortunately do nowadays.
BTW, it is NOT THE DISTRIBUTISTS who say seizing productive property is fine when the situation is intolerable; they just repeat the Catholic Church’s teaching, especially that the State would be obliged to, for the common good. It is NOT Socialism, whatever one may think of the prudence of it. I would urge you to read Pope Pius XI’s Quadragesimo Anno, before you make anymore irrelevant arguments against Distributism.
My dear fellows: If by “personhood” we understand the fact that corporate entities be regarded as individual persons by the law, we need not do away with this very practical (and old) creation of Roman Law. The practical advantages are clear and the Romans were excellent at it, which is a reason why it was adopted and maintained in all legal systems throughout the world. It was them that saw -also in the legal field- that a person begins his/her existence as such (entitled to rights and subject to obligations) at conception. Any inconveniences or wrongdoing stemming from corporate life can be easily regulated (like it’s done with individual behavior) without eliminating this neuter concept of the Law that makes it so much easier to deal with them. As the dialogue between “Occupy” and the old world develops, we should make sure that we change what needs to be changed and keep what works. One humble suggestion is this (I read it in The Economist a couple of years ago): put the appropriate financiers under a strong moral oath that carries some liability (like attorneys and physicians). Like the devise called “Club” placed in cars’ steering wheels, it may not totally avoid theft, but it will place one more burden on immoral people (not so much because of the oath, but because of the liability that should attach to it).
I would also like to point out that wessexman’s point about stripping the law of corporate personhood is a fabulous idea.
I believe that most of the fairness problems in our society are the result of special legal and tax privileges being given to imaginary people and also from Mussolini-style government and big-business collusion.
Paul:
If a person asks you a question about something he doesn’t understand and tells you why he doesn’t understand it, do you answer his question by making an abstruse distinction and shoo him away?
At any rate, please explain how your distinction disrupts my argument. It would seem that a tax on property (“widget-making” machines) would be subsumed under the “cost of material” part of my analysis.
Do you mean to suggest that things are so bad right now so as to justify the seizure of other people’s “widget-making” machines? I had thought that it only became permissible to do this when lives were in danger…
Thomas Storck:
The “working” definition of value I put forward was…
value= the base worth of a thing + the work done to it.
If you would like to include in the “working” definition of value also the worth dictated by taste. By all means let’s do so, but then explain how the addition of this “value additive” changes my analysis in important ways.
I also think that the addition of taste to the “working” definition of value operates to defeat your next objection. If a company chooses to pay a CEO a certain amount and they do so because of their taste, then who are you to say that the CEO wasn’t “worth” that amount. It is only by assuming a “working” definition of value closer to the one I originally
put forward that gives you an economic to stand upon to make that judgment.
So you take issue with how much people get paid. Okay what should we do about it? Should we dictate salaries and wages? If so how and what arguments would you put forward to defend the monetary value a person’s labor receives? Would you include the taste of the employer in your definition (this is a dry joke)? I am not trying to be sassy here, I really want to know the objective measures and equations you would use.
Furthermore, it is not my theory of value that produces high incomes for abortionists and pornographers, it is the simple reality of what other people will pay for their services and the cost of the equipment necessary to perform the tasks they do. If you have a problem with these actions, you can change the hearts of these sinners by preaching not by legislation or an army…
Thomas and Paul: There is more to life than material goods, we both agree on that; and being rational creatures we should take those things into consideration when weighing our decisions. Everything that I have ever read by a distributist makes much of this fact that everyone agrees upon, and standard economic thought allows for people to do this.
But when distributists start talking about real solutions about how to make this happen, seizing property, setting salaries and wages, etc, I can only think of restricting freedoms by force (directly or indirectly through law); I can only imagine dictatorships, and not the Kingdom of God… perhaps I am dull.
Lastly, Every distributist article I’ve ever read seems to have in it a vein of thought that springs from some naive longing towards the market relations that existed prior to the advent of mass production. For instance in your own article “the starting point for economics” you write approvingly of the Italian cloth traders that worked 5-6 hours a day and were satisfied with very little. I read stuff like this and I think about all the magnificent palaces and plazas that exist in places like Florence and Venice, and about the disparity of wealth that must have existed then! I mean imagine how expensive building those wonders were without modern equipment!!! And you honestly expect me to believe that greater economic equality existed back then?!?
Again, I am not trying to be block-headed here; I don’t write so much because I “want to win” a debate. I honestly want to understand you.
I’m quoting you: “If you don’t like the practices of this or that company then do not reward them with your money”. I was one of the ones that believed Alan Greenspan when, prompted by a fellow Fed member to regulate the irresponsible market of mortgages and CDO’s, said to let the “invisible hand” of the markets deal with the problem. I was ready to see the markets punish investment bankers in 2008 (and maybe even get into capital markets myself by buying stock of Goldman Sachs at 10-cents-on-the-dollar) when the very free-marketeers and masters of the universe themselves managed to use my money and that of the entire People of the US (including the poor and even the illegal immigrants that all of a sudden we want to deport now!) to rescue… themselves! They did this by activating the ultimate sleeper cell placed in the US Treasury (the former CEO of Goldman Sachs just 4 years prior, and responsible for the very same purchases of CDO’s that had put the US and the World in the brink of disaster) just 2 months prior to the end of President Bush’s term. Thus all throughout the crisis (and up until now), Goldman Sach’s stock (and that of the other banks) remained at $120-odd per share like if nothing had happened and they hadn’t made a bad investment! However, as a consequence of all this many people who had contributed the money to the US Treasury which was used to rescue these free-marketeers lost their jobs and their houses. Who did the markets punish here? For us it’s “swim or sink”, Ch 11, 7 and 15, foreclosures, etc., and for them it’s “wait, it’s the end of the World unless you cough out the money needed to plug my balance sheets, hold on to the huge profits made with these very questionable financial instruments through the 5 years prior to this (and which could perfectly off-set this loss) and spare my shareholders”. People see through this, Mick; they don’t like the “free fox in the free hen house”… They are beginning to see the abuse of the concepts…
It might also be worth pointing out to Stephen that distributism doesn’t have to start out by using any sort of progressive income tax. It can use the land value tax, not to mention the stripping away of corporate personhood, privileges and welfare, amongst a myriad of methods.
Steven Wiburg wrote, “A person’s wage, despite what is written in Das Kapital, is determined by the value of the thing a person does and this value is more than the “doing” of the thing.”
Even if we keep to the economistic definition of “value,” i.e., what it subjectively means to someone, this is not true. It is often one factor that goes into determining wages or salaries, but hardly the only one. It is hard to believe that CEOs, for example, who were presiding over their corporations while they descended into bankuptcy were worth the hugh salaries and bonuses they received. I’m sure that many others would have been happy to take those jobs at a tenth of the salary and some of them would probably have done a better job. No, you’re forgetting, as most schools of economics do, that power, the ability to manipulate legal rules, as well as cultural norms, etc., all play a part in determining wages and salaries and all other economic outcomes.
And of course this is not even to mention that the notion of “value” which you hold in such high esteem produces high incomes for abortionists, pornographers, etc. Unless we understand that an economy is rooted in human persons and human community and must serve those persons and that community, we misunderstand it. And unless we have a correct understanding of man and community, our knowledge of economics is pretty worthless.
Steven, you have no idea what you’re talking when you’re confusing differential tax on property with differential income tax. The idea of the former tax is to distribute productive property into the hands of the many, and right now, the State HAS TO DO SO, because of the injustices being committed daily; in fact, Pope Pius XI explicitly stated that the State has to intervene in economic matters when it is necessary, and only for the common good. I also must stress that I am NOT talking about personal property, only property that makes wealth.
Thomas, that was quick. Thanks.
I tried again, this time enabling javascript for your page(which I turn off by default and enable on a need-be basis, as increasing numbers of people are doing using the Firefox plugin NoScript for security reasons)and this time it worked; however, not elegantly: the PDF seemed to be generated on the fly, through a new mini browser pop-up window with the legend “The PDF is being created. Please wait a moment” and then after much longer than a “moment” I had to click on another download link before I finally got it.
My suggestion to your site administrator is to serve a ready-made PDF directly from the link on the page and not by the current tortuous, advert-ridden, inelegant and error-prone route (the price paid for cheap PDF production, which we are virtually obliged to resort to in this non-distributist economy, I guess!)
Having made my criticism, I must add that I very much like the exceptionally clean simplicity of the site design.
The article here, as I read it, says that the goal of private property should be to support your person and your family, and that private property should not be used as a means of oppression.
It goes on to link the existence of super-rich with the existence of oppression, and seems to advocate a more-progressive tax system than the one the USA currently has.
Am I to conclude that the goal of the tax code is to leave everyone with enough money to support their family by dictating the value of labor? Is it that you think that people don’t need beyond “x” amount of money to support themselves and their dependents and to establish “income caps” (either directly or indirectly through a progressive income tax)?
This is a horrible idea, and will do nothing except possibly make the problem worse…
A person’s wage, despite what is written in Das Kapital, is determined by the value of the thing a person does and this value is more than the “doing” of the thing. Robert Heinlein gives the example of a mud-pie; no matter how much labor you put into a mud-pie, it will never be as valuable as a diamond.
Keep this in mind as you think about how profit works: Price-(cost of material+cost of labor)=profit. By limiting the cost of labor, you have not affected the cost of material, nor have you really dictated the price (which isn’t feasible as I shall explain momentarily). As you can see from the math, the amount of profit will only increase. I am assuming that this “profit” will be resdistributed back to the “neediest” in your system.
In the process of the redistribution, all of the money must pass through an intermediary. This intermediary, the government(?) (which mind you isn’t the people, but only a representive of them) will have at its disposal more wealth than the super-rich do under our system! You haven’t merely traded one master for another, you’ve traded many barons for a single emperor! All of the same judgments that the “barons” had to make in regards to how to distribute their wealth, will now be faced by the emperor! Instead of hoping for the mercy of hundreds of people, you now put yourself completely at the mercy of one! It might be easier for everyone to go and beg from the same entity, but to get that entity to listen to you will be much harder.
The reason why the dictation of prices is not feasible is because of how companies actually make profit. I will only outline the case of companies that make things, since only they add to the wealth of a nation (wealth refers to the value of material goods and not their signifiers, money). For any given widget that a company makes, they only make a small amount of profit per widget made. Large profits are only made by making many widgets.
Since profit margins are so small, you can’t lower the price: Whatever profit is built into the price of a particular widget doesn’t cover the cost of the material and labor. If the widget “breaks” during production or isn’t sold, companies face a huge loss for that widget. A “huge loss” here isn’t just loss of money, it is actually loss in wealth. Obviously the only companies that can survive “huge losses” are large corporations, and that is why your attempt to create a more equitable distribution of wealth by dictating prices fails.
If you answer, “what if we try to make large corporations illegal?”
A) prices will go up, (ever tried to have a replacement part for a rare car made by a small machine shop?), and widgets will become more scarce (fewer people can assume the risks of the manufacture of a thing).
The only way that I can see a distributist economy working is by dictating quotas to people that they must fill. Perhaps working is the wrong word…
I am very interested if someone can explain to me what I am missing here.
You seem to have the Robinson Crusoe notion of human society. If a company pollutes and I refuse to buy from them, the pollution can still harm my family and hurt the nation, leading in turn to other problems, such as higher health care costs, etc.
If a company pays its workers too little, thereby forcing both husband and wife to work, and the children, because of lack of supervision become criminals, this also hurts society as a whole. Free market capitalism pretends that there is no community, everything is just a nexus of individual contacts with other individuals. No, God made us as social animals (cf. both Aristotle and St Thomas), and because of that communities exist; everything is not just a matter of single individuals interacting with other individuals. It is possible to harm society as a whole, and because of that society must be able to protect itself, sometimes via government, sometimes via other social institutions such as guilds.
[…] where wages are cheaper, or to destroy unions in order to lower wages domestically. Continued- A Short Primer for Protestors… __________________ Your socks stink. To view links or images in signatures your post count […]
If you don’t like the practices of this or that company then do not reward them with your money. Very simple. the end-user should be the one who decides who wins and who loses. Not Big Brother. What’s the point of putting ones money at risk and creating a company and jobs if the government puts a bunch of obstacles in your way where the overhead is so large that the odds of making any profit is so small. Again, if a company pollutes and you don’t like that then you shouldn’t reward them. If a company pays it’s employees too little. Don’t reward them. Free market capitalism put the end-user in control. Period.
Andromedus; You’re all over the place. One moment you’re criticising distributists for daring to add anything to our ideology beyond attachment to the abstract distributive state of widely distributed, real, productive property. The next moment you’re suggesting that distributive state can be nothing like any form of capitalism or socialism. Capitalism and socialism are used as loose labels, there most certainly are ideologies and movements that are considered socialist or capitalist, like guild socialism, mutualism and even the fairy tales used by the likes of Friedman and Hayek to do their theorising on(which they then unthinkingly apply to the very different system of actually existing capitalism.), which come close to the distributive state. There is nothing wrong with pointing this out. There is nothing wrong with pointing this out.
Your intended audience is the WS protestor? From what I have heard of their comments they are in need of a very elementary lessons in basic economics for your post to make any sense to them.
For example.
When I speak of capitalism I mean the kind of economic system which is dominated by large employers, usually corporations, which employ others to work for them. Capitalism is characterized by this employer/employee divide.
There are at least as many understandings of capitalism as socialism. At best you seem to be describing possible secondary and tertiary effects, but not the substance of one of the most influctial econimc theories around. . I think my Socialist friends would offer similar comments about your description of socialism.
I would suggest to reach you intended audiance you need to start with the sort of Econ 101 that is underlies all economic theories befroe you can explain Distributism.
In my response to Andromedus I alluded to the passages in Pius XI’s Quadragesimo Anno where he discusses the convergence of some socialist economic proposals with Catholic social teachings. Since evidently my critics will not bother to look up and read those passages, I’ll put them here. Mr. Simnel should realize that between the time when Marx wrote and now (or even 1931 when Quadragesimo Anno was issued) socialism evolved quite a bit. In any case, I’m content to let Pope Pius explain these matters.
“113. The other section, which has kept the name Socialism, is surely more moderate. It not only professes the rejection of violence but modifies and tempers to some degree, if it does not reject entirely, the class struggle and the abolition of private ownership. One might say that, terrified by its own principles and by the conclusions drawn therefrom by Communism, Socialism inclines toward and in a certain measure approaches the truths which Christian tradition has always held sacred; for it cannot be denied that its demands at times come very near those that Christian reformers of society justly insist upon.
114. For if the class struggle abstains from enmities and mutual hatred, it gradually changes into an honest discussion of differences founded on a desire for justice, and if this is not that blessed social peace which we all seek, it can and ought to be the point of departure from which to move forward to the mutual cooperation of the Industries and Professions. So also the war declared on private ownership, more and more abated, is being so restricted that now, finally, not the possession itself of the means of production is attacked but rather a kind of sovereignty over society which ownership has, contrary to all right, seized and usurped. For such sovereignty belongs in reality not to owners but to the public authority. If the foregoing happens, it can come even to the point that imperceptibly these ideas of the more moderate socialism will no longer differ from the desires and demands of those who are striving to remold human society on the basis of Christian principles. For certain kinds of property, it is rightly contended, ought to be reserved to the State since they carry with them a dominating power so great that cannot without danger to the general welfare be entrusted to private individuals.
115. Such just demands and desire have nothing in them now which is inconsistent with Christian truth, and much less are they special to Socialism. Those who work solely toward such ends have, therefore, no reason to become socialists.”
I don’t quite see the controversy. Tom isn’t suggesting Distributism is socialism, rather that Distributism contains those elements which ARE proper in capitalism or socialism. This is why we have readers attracted to Distributism from the Left and the Right; capitalists and socialists. And as some of the protestors are attracted to socialism, Tom is merely appealing to those aspects of socialism that are positive to persuade them that Distributism is the superior model.
As Pius XII said to the workers of Spain, “all that is good and just in other systems is already in Catholic social doctrine.”
“When I speak of capitalism I mean the kind of economic system which is dominated by large employers, usually corporations, which employ others to work for them. Capitalism is characterized by this employer/employee divide.”
The truth is that capitalism is characterized by the sin of usury, in which money is lent out at interest as the foundational prin ciple of the system.
Unsurprisingly, since the system itself is based upon a lie and a mortal sin (it is a form of theft, requiring the return of that which does not exist), it has metastasized to its point of implosion.
Socialism approaches distributism? In what universe? Distributism, at least according to Chesterton and Belloc, is a policy of widely distributed private property in capital, while socialism is the abolition of private property in capital — at least according to Karl Marx, who ought to know. According to Aquinas, a thing cannot both “be” and “not be.” A system that spreads out private ownership of capital is not the same as a system that abolishes private ownership of capital — unless you’re fooling around with redefining basic terms … which is the same as abolishing a thing’s substantial nature. All you’re doing is playing word games, trying to have your cake and eat it, too.
Perhaps you didn’t notice those to whom my article is addressed – protestors on Wall St. and elsewhere. Probably apt to sympathize with socialism and not too aware of distributism, although I did meet two people at the Occupy Columbus protest who had heard of distributism and knew of its connection with Chesterton. But there are some forms of socialism that have some resemblance to distributism – if we look only at their economic proposals. (You might want to revisit Pius XI’s statement in Quadragesimo Anno where he says that some of the economic ideas of moderate socialists strikingly approach the just demands of Christian social reformers.) Some socialists do advocate well-distributed property, cooperatives, etc., rather than state control of the economy. Socialism is wrong, as Pius XI so carefully noted, because of its traditional anti-religious and materialistic philosophy. This vitiates all forms of true socialism, but not necessarily their economic ideas, which vary quite a bit, and can be lifted out of their materialistic philosophical setting.
I couldn’t disagree with Andromedus more. Mr. Storck’s comment is accurate. Their are forms of “socialism” that have much in common with Distributism. This fact is simple evidence that some self proclaimed socialist are discontent with traditional socialism and are drifting toward something more like Distributism.
“Now socialism means different things to different people, and some forms of socialism closely approach the distributist economy I will sketch below. But there is no need to champion socialism, if for no other reason simply because the name itself terrifies people.”
And with that statement, Mr. Storck, you left Distributism at the last station and derailed your own credibility. Distributism is not a form of Socialism, it is as inherently as anti-Socialist as it is anti-Capitalist. I am becoming more and more diappointed with this site’s presentation of Distributism each day, despite is relatively professional look and the credentials of some of its posters.
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The Distributist Review is an online magazine that examines culture, politics, and economics from a distributist perspective. If you have any questions about The Distributist Review, please contact us.
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Gamba Osaka U-23
Gamba Osaka Under−23 is a Japanese football team based in Suita, Osaka. It is the reserve team of Gamba Osaka and currently plays in J3 League which they have done since their entry to the league at the beginning of the 2016 season. They play the majority of their home games at Panasonic Stadium Suita with some played at Expo '70 Commemorative Stadium.
History
Gamba joined J3 League in 2016 along with the reserve teams of neighbours Cerezo Osaka and also FC Tokyo. None of these clubs are eligible for promotion to J2 League additionally they can only name 3 outfield players over the age of 23 in any one match. Gamba played their first J3 game on 13 March 2016, a 0-0 draw at home to YSCC Yokohama in front of 3,359 spectators.
Record as J.League member
{|class="wikitable" style="text-align:center"
|-bgcolor="#efefef"
! Season
! Div.
! Tms.
! Pos.
!Attendance
!Top scorer
|-
|2016
|J3
|16
|9
|2,401
|Ritsu Doan 10
|-
|2017
|J3
|17
|16
|1,226
|Kazunari Ichimi 8
|-
|2018
|J3
|17
|6
|1,382
|Kazunari Ichimi 8
|-
|2019
|J3
|18
|
|
|
|}
Key
Tms. = Number of teams
Pos. = Position in league
Attendance = Average league attendance per game
Coaching staff
The Coaching Staff for the 2019 J3 League season;
Current squad
*
*
*
* = Overage player
References
External links
Official website
Category:Gamba Osaka U-23
Category:Japan Soccer League clubs
Category:Football clubs in Osaka
Category:J.League clubs
Category:Association football clubs established in 2016
Category:Panasonic
Category:2016 establishments in Japan
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Gender differences in autonomic functions associated with blood pressure regulation.
Functions of carotid and aortic baroreflex control of heart rate (HR), cardiopulmonary baroreflex control of vascular resistance, adrenoreceptor responsiveness, indexes of baseline vagal and sympathetic tone, circulating blood volume, and venous compliance were compared in men and women to test the hypothesis that lower orthostatic tolerance in women would be associated with lower responsiveness of specific mechanisms of blood pressure regulation. HR, stroke volume (SV), cardiac output (Q), mean arterial blood pressure (MAP), central venous pressure, forearm (FVR) and leg (LVR) vascular resistance, catecholamines, and changes in leg volume (%DeltaLV) were measured during various protocols of lower body negative pressure (LBNP), carotid stimulation, and infusions of adrenoreceptor agonists in 7 females and 10 males matched for age and fitness. LBNP tolerance for the women (797 +/- 63 mmHg/min) was 35% lower (P = 0.002) than 1,235 +/- 101 mmHg/min for the men. At presyncope, SV, Q, MAP, and %DeltaLV were lower (P < 0.05) in females compared with males, whereas HR, FVR, and total peripheral resistance were similar in both groups. Lower LBNP tolerance in females was associated with reduced HR response to carotid baroreceptor stimulation, lower baseline cardiac vagal activity, greater decline in Q induced by LBNP, increased beta1-adrenoreceptor responsiveness, greater vasoconstriction under equal LBNP, lower levels of circulating NE at presyncope, and lower relative blood volume. The results of this investigation support the hypothesis that women have less responsiveness in mechanisms that underlie blood pressure regulation under orthostatic challenge.
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Eemmeer
The Eemmeer () is a lake situated in the middle of the Netherlands between the provinces of Flevoland, Utrecht, and North Holland. It measures and contains one small island, the Dode Hond (Dead Dog). The Eemmeer is one in a series of peripheral lakes used to geohydrologically detach the low-lying polders of Flevoland from higher old mainland. The Eemmeer is connected to the peripheral lakes Gooimeer in the west, at the point where both lakes are crossed by the highway A27 bridge, and the Nijkerkernauw in the east.
Category:Lakes of the Netherlands
Category:Landforms of Flevoland
Category:Landforms of North Holland
Category:Landforms of Utrecht (province)
Category:Blaricum
Category:Zeewolde
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Fingerprint analysis of anti-tumor active polypeptides from Arca subcrenata by HPLC.
RP-HPLC was applied to analyze active polypeptides in Arca subcrenata, and the optimal condition for separation was also set up: temperature: 30 degrees C; wavelength: 280 nm; flow rate: 1.0 ml/min; Solvent A consisted of 80% acetonitrile and 0.1% trifluoroacetic acid (TFA) and solvent B contained 0.1% TFA. In this condition, ten samples' fingerprints were gained, in one of which the genuine fraction exhibited fourteen "common peaks" representing the characteristics of the constituents.
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Travis McCullough
Enron North America Corp.
1400 Smith Street EB 3893
Houston Texas 77002
Phone: (713) 853-1575
Fax: (713) 646-3490
----- Forwarded by Travis McCullough/HOU/ECT on 04/17/2001 01:35 PM -----
Rex Shelby/ENRON@enronXgate
04/17/2001 01:25 PM
To: Travis McCullough/HOU/ECT@ECT
cc:
Subject: FW: FW: Enron/Sungard
-----Original Message-----
From: ron.lang@sungard.com@ENRON
[mailto:IMCEANOTES-ron+2Elang+40sungard+2Ecom+40ENRON@ENRON.com]
Sent: Tuesday, April 17, 2001 11:16 AM
To: Shelby, Rex
Cc: ron.lang@sungard.com; Cromwell, Sheri L.; Shelby, Rex
Subject: Re: FW: Enron/Sungard
Hi Rex -
Given your extension of your NY trip, I will attempt today to set up and
propose a meeting for you in the NY area this week.
Review of your NDA doc is in process - I'll let you know when we're ready
to execute or if there are any changes requested from our legal department.
- Ron
"Shelby, Rex" <Rex.Shelby@enron.com> on 04/17/2001 08:28:29 AM
To: <ron.lang@sungard.com>
cc: "Cromwell, Sheri L." <Sheri.Cromwell@enron.com>, "Shelby, Rex"
<Rex.Shelby@enron.com>
Subject: FW: Enron/Sungard
Hello Ron --
My trip to the East Coast this week will extend through Friday the 20th.
I know that this Friday was one of the dates that you were considering
for a visit to Houston, but it appears that it will not work on this
end. I hope this does not affect your planning.
Next week (except for Friday the 27th) looks good. Do any days next
week work for you and your team? Thanks.
-- Rex
> -----Original Message-----
> From: Shelby, Rex
> Sent: Friday, April 13, 2001 12:04 PM
> To: 'ron.lang@sungard.com'
> Cc: Cromwell, Sheri L.; Shelby, Rex
> Subject: Enron/Sungard
>
> Hello Ron --
>
> I enjoyed the phone conversation today and look forward to our
> meeting. For your records, my email address is rex.shelby@enron.com.
> My assistant is Sheri Cromwell (sheri.cromwell@enron.com,
> 713-853-3543). If you ever have trouble reaching me, Sheri can track
> me down.
>
> Travis McCullough of Enron will be sending you the NDA today via
> email. Please let me know how the potential meeting dates pan out for
> your team. Best regards.
>
> -- Rex Shelby
> Enron Net Works
> rex.shelby@enron.com
> **********************************************************************
> ****
>
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Civilian staff at the Department of Defence have walked off the job again today over an ongoing pay dispute with the Federal Government.
Community and Public Sector Union (CPSU) members have attended two-hour stop-work meetings to discuss further industrial action.
The staff are among more than 120,000 public servants who have rejected Federal Government pay offers.
Last month Defence staff took industrial action for the first time in more than 20 years, stopping work to attend union meetings.
CPSU deputy national president Alistair Waters says there will be little impact from the stop-work action today, but he expects the industrial campaign will escalate.
"Today's action is a series of stop-work meetings at which members are making decisions on escalating future industrial action and voting on applying work bans," he said.
Mr Waters says staff have been offered a 3 per cent wage rise, well below increases in the cost of living.
He says it is effectively a pay cut.
"The Department and the Government are asking staff to work harder and do more, while putting a pay offer which doesn't keep pace with the cost of living," he said.
A number of other agencies have also taken industrial action, including staff at Parliament House and the Department of Agriculture.
The CPSU expects further strike action is likely if public servants are not offered more reasonable wage agreements.
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---
abstract: 'The relations of antilinear maps, bipartite states and quantum channels is summarized. Antilinear maps are applied to describe bipartite states and entanglement. Teleportation is treated in this general formalism with an emphasis on conditional schemes applying partially entangled pure states. It is shown that in such schemes the entangled state shared by the parties, and those measured by the sender should “match” each other.'
address:
- |
Department of Nonlinear and Quantum Optics,\
Research Institute for Solid State Physics and Optics,\
Hungarian Academy of Sciences, P.O. Box 49, H-1525 Budapest, Hungary
- ' Institute of Physics, University of Pécs, Ifjúság út 6. H-7624 Pécs, Hungary'
author:
- 'Z. Kurucz'
- 'M. Koniorczyk'
- 'J. Janszky'
title: Teleportation with partially entangled states
---
Introduction {#sec:intro}
============
A fundamental part of quantum mechanics is the description of the evolution of quantum states. In the lack of measurements, the evolution of the quantum state of closed systems can be described by unitary operators. Measurements are described by projections onto the eigenstates of the measured quantity. In more general approach to the question of quantum state evolution, the system in argument is considered as a part of a larger subsystem. This approach gives rise to concepts of general quantum channels and generalized (POVM) measurements.
In the context of quantum information and communication, quantum entanglement is a central issue. General quantum kinematics of multipartite systems harbors lots of secrets still. Quantum teleportation[@prl70_1895] is probably the most frequently quoted application of entanglement, and its experimental feasibility[@nature390_575; @prl80_1121; @science282_706] has further increased its relevance.
The methods developed for representations of quantum channels can be used successfully in the description of entanglement and teleportation. The results in this paper are motivated by these kind of methods. Section \[sec:formalism\] summarizes some facts concerning the relations between quantum states of bipartite systems, channels, antilinear and antiunitary maps. Some of these have already found application in quantum information theory, but those use a fixed antilinear map, which is related to a specific maximally entangled state. We also present another possibility, namely we consider different antilinear maps, which is an alternative description of all pure bipartite states. This approach provides us with a very convenient description of quantum teleportation, including all schemes applying a pure (but not necessarily maximally entangled) resource.
Popescu [@prl72_797] pointed out that teleportation is also possible using mixed states but with a fidelity less than 1. In a recent paper of Banaszek [@pra62_024301] a protocol using a partially entangled state was optimized for average fidelity. Horodecki [*et al*]{} [@pra60_1888] presented a formula for the fidelity of such imperfect teleportation schemes.
In conditional schemes on the other hand, fidelity can be one but at the cost that the process sometimes fails, so the probability of successfulness (also called efficiency) is less than one. This is the case in conclusive teleportation [@9608005; @9906039], where partially entangled or even mixed states and generalized measurements (POVM) are considered. Using nonunitary transformation at Bob’s side also makes the process probabilistic [@pra61_034301].
The main part of our paper is based on the formalism summarized in Section \[sec:formalism\]. Our description is completely independent of the dimensions of the Hilbert-spaces involved, and we do not even need to fix a basis. In Section \[sec:teleport\] we give a general condition for conditional teleportation in terms of the applicable entangled states and joint measurements. In Section \[sec:matching\] we show that partially entangled states are capable of conditional teleportation with fidelity one, but only if the outcome of the measurement performed by Alice and the state shared by the parties “match” each other. Section \[sec:concl\] summarizes our results.
States, channels and antilinear maps {#sec:formalism}
====================================
Consider a bipartite system with subsystems A and B. The subsystems are described by the Hilbert-spaces ${\cal H}_A$ and ${\cal H}_B$, thus the pure states of the system are in ${\cal H}_A\otimes {\cal H}_B$. Let $\dim {\cal
H}_A=\dim {\cal H}_B=N$. Let $\{|i\rangle_A\}$ and $\{|i\rangle_B\}\ (i=0,\ldots ,N-1)$ denote the computational bases on ${\cal
H}_A$ and ${\cal H}_B$, and let $$\label{eq:maxent}
|\Psi^+\rangle_{AB}=\frac{1}{\sqrt{N}}\sum_{i=0}^{N-1}|i\rangle_A|i\rangle_B$$ be a maximally entangled state of the system. All other maximally entangled states of the system can be obtained from $|\Psi^+\rangle$ by local unitary transformations. The set of density matrices of system A will be denoted by ${\cal S}_A$. A quantum channel $\$ _A $ is a completely positive, trace-preserving, and hermiticity preserving ${\cal S}_A \rightarrow {\cal S}_A$ map.
Keeping $|\Psi^{(+)}\rangle$ in mind, we may introduce the relative state representation [@pra54_2614] of states and operators on ${\cal H}_A$. Any pure state $|\Psi\rangle_A\in {\cal H}_A$ can be described by an (unnormalized) *index state* $|\Psi^*\rangle_B\in {\cal H}_B$ so that $$\label{eq:relrep_state}
|\Psi\rangle_A=\, _B\langle \Psi^*|\Psi^+\rangle_{AB}.$$ The state in argument is obtained as a partial inner product of its index state and the maximally entangled state $|\Psi^+\rangle$. The mapping creating the index state from the original state, $$\label{eq:Lpsip}
L_{|\Psi^+\rangle}: {\cal H}_A\rightarrow {\cal H}_B,\quad
L_{|\Psi^+\rangle}|\Psi\rangle_A = |\Psi ^*\rangle_B$$ is antilinear, and in fact $\sqrt{N} L_{|\Psi^+\rangle}$ is antiunitary. Indeed, expanding an arbitrary $|\Psi\rangle_A$ on the computational basis, $$\label{eq:Lpsip_bas}
L_{|\Psi^+\rangle}|\Psi\rangle_A=L_{|\Psi^+\rangle}\sum_i C_i|i\rangle_A=
\frac{1}{\sqrt{N}} \sum_i C_i^*|i\rangle_B,$$ from which the above properties follow.
The introduction of $L$ via $|\Psi^+\rangle$ is also useful in describing channels $\$ _A$. Let us have the compound system in the state $|\Psi ^+\rangle_{AB}$, and send subsystem A through the channel $\$ _A$ while doing nothing with subsystem B. The effect of the channel on any pure state $|\Psi\rangle_A$ of system A is then obtained by the partial inner product with the corresponding index state: $$\label{eq:Relrep_chann}
\$_A\left(|\Psi\rangle_A\, _A\langle \Psi |\right)=
N\, _B\langle \Psi ^*|(\$ _A\otimes I_B)
\left (|\Psi^+\rangle _{AB} \,_{AB} \langle \Psi^+|\right)
|\Psi ^* \rangle_B,$$ where $|\Psi^*\rangle_B=L_{|\Psi^+\rangle}|\Psi\rangle_A$, and $I_B$ stands for the identity operator. This is the so called relative state representation of channels, which is widely used to describe them. But even more can be stated [@pra60_1888]. An affine isomorphism between the set of all $\$ _A$ channels on ${\cal S}_A$, and the set of bipartite states $\varrho _{AB}\in {\cal S}_{{\cal H}_A\otimes{\cal H}_B}$ with maximally mixed partial trace, i.e. with the property $$\label{eq:parctrac}
\mathop{\mbox{tr}}\nolimits _A \varrho_{AB}= \frac{1}{N} I_B,$$ can be found similarly to Eq. (\[eq:Relrep\_chann\]). The bipartite state corresponding to a channel can be obtained from $|\Psi^+\rangle$ by applying the channel on system A and doing nothing with system B: $$\label{eq:Relrep_izom}
\varrho _{AB}=(\$ _A\otimes I_B)
\left( |\Psi^+\rangle_{AB} \, _{AB}\langle \Psi^+| \right).$$ As $|\Psi^+\rangle_{AB}$ has a maximally mixed partial trace, and this property cannot be changed by local operations, (\[eq:parctrac\]) will also hold for the $\varrho _{AB}$ obtained in Eq. (\[eq:Relrep\_izom\]). The isomorphism has been found by the Horodecki [*et al.*]{} [@pra60_1888], who have discussed it in detail, and have used it for the description of teleportation channels.
So far we have considered the antiunitary map $\sqrt{N}L_{|\Psi^+\rangle}$ arising from the maximally entangled state $|\Psi^+\rangle$. This is a useful tool in the description of channels and states. Let us follow the reverse way now. We may use the set of antilinear ${\cal H}_A\rightarrow {\cal H}_B $ maps in order to describe pure states in ${\cal H}_A\otimes {\cal H}_B$. As relative state representation is also based on $L$, changing this map can give rise to different relative state representations.
Consider a bipartite pure state $|\Phi\rangle_{AB}\in {\cal H}_A\otimes
{\cal H}_B $. We may write it on the computational basis as $|\Phi\rangle_{AB}=\sum_{ij} C_{ij} |i\rangle_A \otimes |j\rangle_B$. We define the ${\cal H}_A\rightarrow {\cal H}_B $ antilinear operator $L_{|\Phi\rangle}$ such that $L_{|\Phi\rangle}|i\rangle_A= \sum_j C_{ij}
|j\rangle_{B}$. Thus we can write $$\label{eq:statdef}
|\Phi\rangle_{AB}=\sum_i|i\rangle_A\otimes
(L_{|\Phi\rangle}|i\rangle_A).$$ For any bipartite pure state $|\Phi\rangle_{AB}\in {\cal H}_A\otimes {\cal
H}_B $, there uniquely exists an antilinear operator $L_{|\Phi\rangle}$ defined this way.
Because of the antilinearity of $L_{|\Phi\rangle}$, (\[eq:statdef\]) is independent of the actual computational basis chosen on ${\cal H}_A$. Let ${{\mathcal C}}_{AB}$ denote the set of bounded antilinear operators $L \colon
{\cal H}_A \to {\cal H}_B$ which have finite norm (that is, $\mathop{\mbox{tr}}(L^\dag L) < \infty$, where the adjoint of $L$ is defined by the relation $\langle f|Le \rangle = \langle L^\dag f|e \rangle^\ast$): $${{\mathcal C}}_{AB} = \big\{ L\colon {\cal H}_A \to {\cal H}_B\;
\mbox{bound antilinear}\,
\big| \mathop{\mbox{tr}}(L^\dag L) < \infty \big\}.
\label{eq:CBC}$$ ${{\mathcal C}}_{AB}$ forms a Hilbert space (the scalar product is $(L,L') =
\mathop{\mbox{tr}}(L'^\dag L)$, which is conjugate linear in the first argument). It is shown in Ref. [@jmp41_638] that (\[eq:statdef\]) establishes a unitary isomorphism between ${{\mathcal C}}_{AB}$ and ${\cal H}_A\otimes
{\cal H}_B$ in a natural way. Every pure bipartite state $|\Phi\rangle_{AB}$ can uniquely be described by an antilinear operator $L_{|\Phi\rangle}\in {{\mathcal C}}_{AB}$ such that $\mathop{\mbox{tr}}(L_{|\Phi\rangle}^\dag L_{|\Phi\rangle})=1$. Conversely, every such $L$ describes a pure bipartite state.
Now let us characterize maximally entangled states and possible relative state representations. By maximally entangled state we mean a pure bipartite state with maximally mixed partial trace (\[eq:parctrac\]). The partial traces of bipartite states over systems $A$ and $B$ are $LL^\dag$ and $L^\dag L$ respectively. Thus the state (\[eq:statdef\]) is maximally entangled if and only if $LL^\dag=N^{-1} I_B$ and $L^\dag L=N^{-1} I_A$. This is equivalent to that $\sqrt{N}L$ is antiunitary. On the other hand, the operator $L_{|\Phi\rangle}$ gives rise to a relative state representation if and only if $\{ L_{|\Phi\rangle}|i\rangle \}_{i=0,\ldots ,N-1}$ forms an orthogonal basis on ${\cal H}_B$, which means, that $\sqrt{N}L_{|\Phi\rangle}$ is antiunitary. Relative state representations can be defined via maximally entangled states.
Probabilistic teleportation with partially entangled states {#sec:teleport}
===========================================================
In this section we apply the antilinear description of bipartite states introduced in Section \[sec:formalism\] for quantum teleportation. Suppose that system A prepared in the unknown state $|\Phi\rangle_A$ is to be teleported, and systems B and C shared by the parties (Alice and Bob) are in a partially entangled state $|\sigma\rangle_{BC}$. We will call this *shared* state in what follows. The shared state is described by the antilinear map $L_{|\sigma\rangle}$. Systems A and B are located at Alice who performs a joint projective measurement on them. Suppose that its outcome corresponds to the projection onto the state $|\sigma_q\rangle_{AB}$. In the followings, we will regard only this outcome, thus our teleportation scheme will be probabilistic, conditional one.
To have common computational bases in the description of the shared state and the state the measurement project onto, we expand $|\sigma_q\rangle$ in the following way: $$|\sigma_q\rangle = \sum_i (L_q |i\rangle) \otimes |i\rangle,
\label{eq:measdef}$$ where $L_q \in {{\mathcal C}}_{BA}$. One can characterize the states corresponding to nondegenerate measurement outcomes by bounded antilinear operators $L_q \colon
{{\mathcal H}}_B \to {{\mathcal H}}_A$ such that ${\mathrm{tr}}(L_q^\dag L_q)=1$. Note that $L_q$ is unique disregarding a unit complex phase factor.
The projection resolution of every joint observable of $A$ and $B$, which has nondegenerate eigenvalues, is (up to phase factors) uniquely described by an orthonormal basis $L_q$ in ${{\mathcal C}}_{BA}$. Those measurements whose nondegenerate outcomes are represented by projections onto mutually orthogonal maximally entangled states, are called measurements of Bell type [@pla272_32]. Every Bell measurement can be described by an orthonormal basis $L_q$ in ${{\mathcal C}}_{BA}$ such that $(\dim{{\mathcal H}}_A)^{1/2} L_q$ is antiunitary for every $q$.
Now we will calculate the teleportation channel. By this we mean a function $f_q \colon {{\mathcal H}}_A \rightarrowtail {{\mathcal H}}_C$ that relates the input state, and the state of system C after the measurement. Note that, although the reversing unitary transformation is usually also included in the definition of teleportation channel, our terminology is more convenient here, as we investigate linearity and reversibility. At the beginning, the three systems are in the state $|\Phi\rangle_A \otimes |\sigma\rangle_{BC}$. The probability of the outcome $q$ under consideration is given by $$\begin{aligned}
p_q(|\Phi\rangle_A) &=& \left\| \strut [(|\sigma_q\rangle_{AB}
\,_{AB}\langle\sigma_q|) \otimes I_C)] (|\Phi\rangle_A \otimes
|\sigma\rangle_{BC}) \right\| ^2 = \left\| {\sum\limits_i}
\big( {}_A \langle \Phi | L_q | i \rangle_B^\ast \big)
L |i\rangle_B \right\|^2
\nonumber\\
&=& \left\| {\sum\limits_i} L( |i\rangle_B\,_B \langle i |
L_q^\dag |\Phi \rangle_A) \right\|^2 = \left\| \strut LL_q^\dag
|\Phi\rangle _A \right\|^2.
\label{eq:p_q}\end{aligned}$$ On condition that the measurement yields the outcome $q$, the state of system $C$ can be written as $$\frac1{\sqrt{p_q(|\Phi\rangle_A)}} \sum_i \big( {}_{AB}\langle
\sigma_q | \Phi \rangle_A |i\rangle_B \big)
L | e_i\rangle_B = \frac1{\sqrt{p_q(|\Phi\rangle_A)}} LL_q^\dag
|\Phi\rangle_A.$$ The teleportation channel for the outcome $q$ is $$f_q \colon {{\mathcal H}}_A \rightarrowtail {{\mathcal H}}_C, \quad
f_q(|\Phi\rangle_A) = \frac{LL_q^\dag |\Phi\rangle_A}{\left\|
LL_q^\dag |\Phi\rangle_A \right\|}.
\label{eq:f_q}$$ If the input state is given by the density operator $\rho_{\mathrm{in}}$ then the probability of the outcome $q$ is $$p_q(\rho_{\mathrm{in}}) = {\mathrm{tr}}_A\left( L_q L^\dag L L_q^\dag
\rho_{\mathrm{in}} \right)
\label{eq:p_q(rho)}$$ and the output state is $$\rho_{\mathrm{out}} = \frac
{L L_q^\dag \rho_{\mathrm{in}} L_q L^\dag}
{{\mathrm{tr}}_A\big( L_q L^\dag L L_q^\dag
\rho_{\mathrm{in}} \big)}.
\label{eq:rhoout}$$
We have defined a special quantum operation based on the teleportation scheme of Ref. [@prl70_1895]. One can obtain from (\[eq:p\_q(rho)\]) that this operation is a generalized (POVM) measurement of the input state and the positive operator representing it is $L_q L^\dag L L_q^\dag$.
The channel $f_q$ has to be reversible, so that we can obtain a teleported state identical to the original input state. We call the channel $f_q$ reversible, if it is injective, that is, for different input state $|\Phi\rangle_A$ ($\||\Phi\rangle_A\|=1$) the corresponding output state $f_q(|\Phi\rangle_A)$ is different. We remark, that the reversibility of teleportation channels has also been investigated in Ref. [@pra55_2547]. We adopt a more general definition here. Reversibility means that every input state can be recovered (theoretically) from the output state. One can easily verify that this condition is equivalent to that the linear operator $LL_q^\dag \colon {{\mathcal H}}_A \to {{\mathcal H}}_C$ is injective.
It may be the case, however, that the channel $f_q$ is not linear. This way, the input state can be recovered from the output only using some sophisticated nonlinear transformations, which may not be realistic. Therefore, it is a natural requirement for the channel to be linear.
We show that if the teleportation channel is reversible, then its linearity is equivalent to that the probability (\[eq:p\_q\]) of the outcome $q$ is independent of the input state $|\Phi\rangle_A$. Suppose that $|\Phi\rangle_1$ and $|\Phi\rangle_2$ are linearly independent, and let $(\alpha_1|\Phi\rangle_1 + \alpha_2|\Phi\rangle_2)$ be such that $\|\alpha_1|\Phi\rangle_1 + \alpha_2|\Phi\rangle_2\|=1$. From the linearity condition $f_q(\alpha_1 |\Phi\rangle_1 + \alpha_2 |\Phi\rangle_2) = \alpha_1
f_q(|\Phi\rangle_1) + \alpha_2 f_q(|\Phi\rangle_2)$, one can obtain: $$\begin{gathered}
\alpha_1 \left( \frac1{\big\| LL_q^\dag (\alpha_1|\Phi\rangle_1 +
\alpha_2|\Phi\rangle_2) \big\|} - \frac1{\big\| LL_q^\dag |\Phi\rangle_1
\big\|} \right) LL_q^\dag |\Phi\rangle_1
\\
+ \alpha_2 \left( \frac1{\big\|
LL_q^\dag (\alpha_1|\Phi\rangle_1 + \alpha_2|\Phi\rangle_2) \big\|} -
\frac1{\big\| LL_q^\dag |\Phi\rangle_2 \big\|} \right) LL_q^\dag
|\Phi\rangle_2 =0.
\label{eq:linfq2}\end{gathered}$$ Since $f_q$ is injective, $LL_q^\dag |\Phi\rangle_1$ and $LL_q^\dag
|\Phi\rangle_2$ are also linearly independent. Then (\[eq:linfq2\]) implies that their coefficients are zero, that is, the probability (\[eq:p\_q\]) of the outcome $q$ is independent of the input state $|\Phi\rangle_A$. Reversely, if (\[eq:p\_q\]) is independent of $|\Phi\rangle_A$, then $LL_q^\dag$ is injective and $f_q$ is linear. We can conclude that the condition that “the probability of the measurement outcome $q$ does not depend on the input state” (that is, Alice learns nothing about the input state due to the measurement) is equivalent to that the teleportation channel is linear. Moreover, it can be proven in a way not detailed here that the linearity of the channel is equivalent to its unitarity—therefore its unitary reversibility.
Entanglement matching {#sec:matching}
=====================
In this section we answer the question what measurements provide fidelity 1 teleportation for an arbitrarily given (even partially) entangled shared state. Suppose that the shared state $|\sigma\rangle$ is described by an invertible antilinear operator $L$. If Bob applies a unitary transformation $U_q\colon {{\mathcal H}}_C \to {{\mathcal H}}_C$ which may depend on the result $q$ of Alice’s measurement, then the final state of system $C$ reads $|\text{out}\rangle_C =
p_q^{-1/2} U_q LL_q^\dag |\Phi\rangle_A$. Let $i_{AC}$ be a unitary isomorphism between ${{\mathcal H}}_A$ and ${{\mathcal H}}_C$ so that we can compare the states of systems $A$ and $C$. The teleportation condition is $$\frac1{\sqrt{p_q}} U_q LL_q^\dag = i_{AC}$$ which also guarantees that $p_q(|\Phi\rangle_A)$ is independent of $|\Phi\rangle_A$. From this we conclude that a measurement with an outcome described by the antilinear operator $$L_q = \sqrt{p_q} i_{AC}^{-1} U_q L^{-1}\strut^\dag
\label{eq:L_q}$$ supports fidelity 1 conditional teleportation. The appropriate recovering unitary transformation applied by Bob is to be $U_q$.
Although $p_q$ in (\[eq:p\_q\]) depends on $L_q$, this can be resolved by the fact that $L_q$ has a norm ${\mathrm{tr}}_B (L_q^\dag
L_q)=1$. Then we obtain that the probability is $$p_q = \left[ {\mathrm{tr}}_B \left( (L^\dag L)^{-1} \right) \right]^{-1}.
\label{eq:p_q2}$$
For an arbitrary entangled shared pair described by invertible $L$, the set of measurement outcomes providing fidelity 1 conditional teleportation is given by the set $${\mathcal M}_L = \left\{\, L_q =
\frac{i_{AC}^{-1} U L^{-1}\strut^\dag}
{\sqrt{{{\mathrm{tr}}}_B \big( \textstyle L^{-1} L^{-1}\strut^\dag \big)}}
\, \Bigg| \, \mbox{$U$ is unitary} \,\right\}.
\label{eq:M_L}$$ Thus not every possible measurement outcome allows teleportation, only those described by ${\mathcal M}_L$. The measurement and the shared state should be “matched” to each other. This can be regarded as a generalization of “entanglement matching” introduced in Ref. [@pra61_034301].
It is worth to note that (\[eq:p\_q2\]) is the same for every outcome $q$ that matches the shared state in the above sense. The probability of a successful outcome depends only on the shared state. Another important result is that the set ${\mathcal M}_L$ of matching outcomes is spanned by local unitary transformations: if one finds a measurement outcome which enables probabilistic teleportation, then every matching outcome can be obtained from it by a local unitary transformation on system $A$.
We give an example for entanglement matching. Suppose that the antilinear operator $L$ describing the shared state $|\sigma\rangle_{BC}$ is given by the following matrix: $$L = \left( \begin{matrix} \alpha_1\cr & \ddots\cr &&\alpha_n\end{matrix} \right),
\qquad |\sigma\rangle_{AB}=\sum_i \alpha_i | i \rangle_B | i \rangle_C,$$ where all $\alpha_i$ are nonzero (consider a Schmidt decomposition for example). Taking that the unitary transformation $U_q$ is identity, we obtain from (\[eq:L\_q\]) that a matching measurement outcome is given by $$\begin{aligned}
L_1&=& \left( \sum_i \frac1{|\alpha_i|^2} \right)^{-1/2} \left(
\begin{matrix}1/\alpha_1^\ast \cr & \ddots\cr && 1/\alpha_n^\ast\end{matrix} \right),
\nonumber\\
|\sigma_1\rangle_{AB} &=& \left( \sum_i \frac1{|\alpha_i|^2}
\right)^{-1/2} \sum_i \frac1{\alpha_i^\ast} | i \rangle_A | i \rangle_B.\end{aligned}$$ Thus if Alice measures an observable with an eigenstate equal to $|\sigma_1\rangle_{AB}$ then that measurement outcome implements a conditional teleportation.
Conclusion {#sec:concl}
==========
We have summarized the relations between quantum channels, bipartite states and antilinear operators, focusing the description of bipartite pure states with the latter. Applying this description, we have characterized all possible conditional teleportation schemes. We have found that the independence of the probability of a measurement outcome on the input state is a necessary and sufficient condition of the *linearity* of the transformation to be applied by the receiver. We have generalized the concept of “entanglement matching”, which means that in schemes under consideration the entangled state shared by the parties, and those measured by the sender should “match” each other.
The results presented here show that this formalism is applicable of describing entanglement and quantum teleportation in a quite general way. This method may be also applicable for the treatment of entanglement between systems described by Hilbert-spaces of different dimensionality. It can also have consequences regarding the description of teleportation and related phenomena in the framework of quantum operations.
This work was supported by the Research Fund of Hungary (OTKA) under contract No. T034484. One of the authors (M. K.) thanks Prof. Vladim' ir Bužek for useful discussions.
[10]{}
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Boschi D., Branca S., Martini F. D., Hardy L., and Popescu S., Phys. Rev. Lett. (1998) 1121
Furusawa A., Sørensen J. L., Braunstein S. L., Fuchs C. A., Kimble H. J., and Polzik E. S., Science (1998) 706
Popescu S., Phys. Rev. Lett. (1994) 797
Banaszek K., Phys. Rev. A (2000) 024301
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Mor T., quant-ph/9608005 (1996)
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Nielsen M. A. and Caves C. M., Phys. Rev. A (1997) 2547
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Classroom Technology Support at Cornell Law School
Our Classroom and AV Department is here to help support faculty, staff and students with using classroom technology, event and lecture recordins, and distance learning. Please have a look through our resources and procedures for requesting different support needs.
How to Reserve a Classroom
So you have an event! You can Schedule your Audio/Video Support and Classroom Recordings while scheduling the room reservations. Getting started is easy. Just click on the following link to reserve your room and detail your audio-video needs.
Audio-Video Requests for Faculty and Student Organizations
If you have an event or class that requires audio-video assistance, and it has not already been scheduled in MRM, you can request support here.
Please allow 1 business day notice for AV support for classroom or special event presentations and 7 business days notice for after-hour/weekend events. Early planning will allow us time to schedule staff and equipment and insure the best presentation for you. Please note requests are filled based on IT staff availability. Please click here to fill out and submit your request.
Student Class Recording Requests
Recordings for class absences (less than one week) for career events, interviews, and religious holidays require faculty member approval before release.
Emergency absences beyond one week require notification of the Registrar's Office. You can contact the office at (607) 255-7190 or email at law.registrar@cornell.edu.
If you plan on having an event recorded, please make sure you have the signed permission of the speaker(s) so that Cornell Law School may use the material. IT will not record an event unless we receive one of these forms before the presentation starts.
To better support students and faculty in need of a professional space for video conferencings, distance learning, or local recordings, the Law School provides a state-of-the-art studio. Located near the Computer Lab in Room 375, this space is equipped with high-defiition cameras and high-quality lighting and sound. To reserve the space for an interview or other need, please fill out the following form.
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Q:
Unable to align edge of view to another center aligned view
I have a pretty simple RelativeLayout with following views:
<?xml version="1.0" encoding="utf-8"?>
<RelativeLayout xmlns:android="http://schemas.android.com/apk/res/android"
android:id="@+id/container"
android:layout_width="match_parent"
android:layout_height="match_parent"
android:background="@drawable/main_menu_selector"
android:minHeight="48dp">
<ImageView
android:id="@+id/menuItemAvatar"
android:layout_width="38dp"
android:layout_height="38dp"
android:layout_centerVertical="true"
android:layout_marginStart="10dp"
android:layout_marginEnd="6dp"
android:background="@color/IconOff" />
<ImageView
android:id="@+id/iv_status"
android:layout_width="14dp"
android:layout_height="14dp"
android:layout_alignEnd="@id/menuItemAvatar"
android:layout_alignBottom="@id/menuItemAvatar"
android:scaleType="fitCenter" />
<LinearLayout
android:layout_width="wrap_content"
android:layout_height="wrap_content"
android:layout_centerVertical="true"
android:layout_toEndOf="@+id/menuItemAvatar"
android:gravity="start"
android:orientation="vertical"
android:padding="4dp">
<TextView
android:id="@+id/menuItemTitle"
android:layout_width="wrap_content"
android:layout_height="wrap_content"
android:singleLine="true"
android:textColor="@color/TextBlackColor"
android:textSize="@dimen/main_menu_text_size" />
</LinearLayout>
</RelativeLayout>
I want the iv_status(the small green square) to be in the right bottom corner of menuItemAvatar, but what I get looks like this:
As you can see the bottom edges are not aligned properly. The funny thing is - if I remove the line android:layout_centerVertical="true" from menuItemAvatar it aligns as it should:
But then the image is not centered and everything looks shifted in relation to the text.
A:
I converted your layout to a ConstraintLayout with the right constraints and it seems to be working fine for me. Have a go with this:
<?xml version="1.0" encoding="utf-8"?>
<androidx.constraintlayout.widget.ConstraintLayout xmlns:android="http://schemas.android.com/apk/res/android"
xmlns:app="http://schemas.android.com/apk/res-auto"
android:id="@+id/container"
android:layout_width="match_parent"
android:layout_height="wrap_content"
android:background="@drawable/main_menu_selector"
android:minHeight="48dp">
<ImageView
android:id="@+id/menuItemAvatar"
android:layout_width="38dp"
android:layout_height="38dp"
android:layout_marginStart="10dp"
android:layout_marginEnd="6dp"
android:background="@color/IconOff"
app:layout_constraintTop_toTopOf="parent"
app:layout_constraintBottom_toBottomOf="parent"
app:layout_constraintStart_toStartOf="parent" />
<ImageView
android:id="@+id/iv_status"
android:layout_width="14dp"
android:layout_height="14dp"
android:layout_alignEnd="@id/menuItemAvatar"
android:layout_alignBottom="@id/menuItemAvatar"
app:layout_constraintEnd_toEndOf="@id/menuItemAvatar"
app:layout_constraintBottom_toBottomOf="@id/menuItemAvatar"/>
<LinearLayout
android:layout_width="wrap_content"
android:layout_height="wrap_content"
android:layout_centerVertical="true"
android:layout_toEndOf="@+id/menuItemAvatar"
android:orientation="vertical"
android:padding="4dp"
app:layout_constraintTop_toTopOf="parent"
app:layout_constraintBottom_toBottomOf="parent"
app:layout_constraintStart_toEndOf="@+id/menuItemAvatar">
<TextView
android:id="@+id/menuItemTitle"
android:layout_width="wrap_content"
android:layout_height="wrap_content"
android:singleLine="true"
android:textColor="@color/TextBlackColor"
android:textSize="@dimen/main_menu_text_size" />
</LinearLayout>
</androidx.constraintlayout.widget.ConstraintLayout>
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Nicolas Quentin
Nicolas Quentin (died 1636) was a French historical painter.
Quentin lived at Dijon, and died there in 1636. His life has been too much neglected by biographers and critics, for his work had considerable originality. He appears to have had no regular master. The compiler of the catalogue of the Dijon Museum asserts that Nicolas Poussin, passing through Dijon and seeing his Communion of St. Catherine, exclaimed that if Quentin understood his own interests, and went to Italy for improvement, he would make his fortune.
References
Category:1636 deaths
Category:17th-century French painters
Category:French male painters
Category:People from Dijon
Category:Year of birth unknown
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Category Archives: comedy
The Colbert Report is pretty hit and miss. But most of the time I enjoy it. Potentially that’s because Stephen Colbert’s satire is so impenetrable that I have little idea as to what his real politics are…which means I can just project my own politics onto him. Jon Stewart on the other hand is less of a blank space. We get a much clearer sense of what he truly believes, making it (well, at least to this grump) easier to dislike him.
When Cornel West guested on the Colbert Report last week, my sleuthing skills went on overdrive. What does Colbert really think of West? Does he agree with West, or does he think West’s a joke?
Is Colbert mocking West’s manner of speaking, or borrowing it? When Colbert references Jim Morrison, is he poking fun at West’s knowledge base, or is he merely “tangoing”? When West makes a great counterargument to the logic of Post Racialism, Colbert responds by saying “I feel like a muppet.” Does that undermine West – and is that Colbert’s intention?
I have to say that no matter what Colbert is doing, I really love this interview. I couldn’t stop smiling through it – not only because Cornel West’s enthusiasm and exuberance is infectious, but also because I don’t think I have ever seen someone steamroll Colbert so effectively. And I love that it was an anti-racist black man – expounding such truthiness! – that managed the Colbert takedown.
It can be very difficult for women and people of colour to wrest control of a conversation in a white mainstream space, especially when that conversation veers into hateful territory. Feeling voiceless or ignored in a white or male conversational space seems like almost a weekly happening for me. Watching this video, I felt like West was striking one for any POC (or WOC) who’s ever felt silenced by the cacophony of racism around them.
In person I got the impression that Colbert actually really liked Cornel West. After the interview Stephen immediately walked around the desk and gave him a hug. Then West smiled and waved at the audience and we gave him a standing ovation.
So what do you think? Is Colbert an ally or is he just using West to make white folks laugh?
Fat, black woman. Big, black chick. Those descriptors are lazy comedy shorthand in a racist, sexist and sizist society. Want to bring on the cheap laughs? Then trot out an over-sized, brown-skinned lady. Even better, despite her fatness and blackness, give her a more than healthy opnion of herself. See, that makes it doubly funny, see, cause even though everyone knows neither black women or fat women are hot, this character doesn’t seem to know this and actually behaves as if she is attractive and worthy of amorous attention.
See how it works? I’ve come to expect black women, especially plus-sized ones, to be the butt of the joke in low-brow comedy films–the sort of flicks commonly associated with Eddie Murphy, Rob Scheider or Tyler Perry. But usually your benign, weekday sitcoms eschew hateful comedy. I’ve been watching NBC’s Amy Poehler vehicle “Parks & Recreation” off and on this season. I want to like it. I’m a fan of “The Office” and generally find Poehler charming. Each time I tune in to the show I hope it will be better. But last night, “Parks & Recreation” lost me for good. Because I can’t relax and laugh in the face of the dehumanization of women.
By Guest Contributor Princesse de Clèves, islamogauchiste, originally published at Muslimah Media Watch
Have you ever noticed how minorities—and oppressed people in general—lack a sense of humor? Lately, there have been plenty of jokes about Arabs and Muslims. So why aren’t we laughing?
French Interior Minister Brice Hortefeux recently felt his joke fall flat after this year’s summer congress. One of his traditional supporters, Amin Benalia, asked if he could take a picture with the minister. A woman in the crowd jokingly introduced Benalia to the team as someone different because he “eats pork and drinks beer”. Ah, a meeting of old friends and politicians united under the banner of pork, beer and the finest French jokes. The Minister explained about Benalia:
“He doesn’t fit the prototype [of an Arab Muslim] at all. Not at all. We always need one. When there’s one, that’s all right. It’s when there a lot of them that there are problems.”
This moment of free expression had been launched on the website of Le Monde and raised lots of questions, reactions and criticism. But the merry minister did not apologize. He simply said it was a joke, and most journalists gave it legitimacy by saying the minister was “very laid-back”.
David Gee, the author of Shaikh Down—a very “funny” novel about the Arabs (again)—claimed he “spent six years in the Gulf and never met an intelligent woman”, ignoring the fact that intelligent women had better things to do than meet up with a poor so-called satirist.
In Shaikh Down, Gee writes:
“Nayla was tall, olive-skinned, voluptuous, at twenty-six two years younger than her brother Ibrahim and exactly half her husband’s age, a feminist intellectual in a society that tended to ignore women and mistrusted intellectuals .”
Exclusively focusing his attention on the body of Nayla, the author completely ignores the role that high-profile women play in the Gulf. The “feminist intellectual” is at some point described as if she was either a prostitute or a commodity: by the size and the color of her “voluptuous” Orientalized body.
According to Macon D at Stuff White People Do and Craig Brimm at Kiss My Black Ads (Both wonderful blogs that you should be reading on the regular), a Minneapolis-based retailer, Chicago-Lake Liquors, has launched a new ad campaign that depicts middle class white folks acting “black” (or rather the minstrelized version of blackness popularized by BET).
I was minding my own beeswax riding the subway when I stumbled across an ad in the free subway paper for “The Ethnic Comedy Show,” an July extravaganza of touring comics who, um, are all “ethnic”?
This Hour Has 22 Minutes star Shaun Majumder hosts an evening featuring an eclectic group of hot ethnic comics, filmed to air on the CBC. Check out special guest Frank Spadone (the Italian), Steve Byrne (the Asian), Godfrey (the Nigerian), Akmal Saleh (the Arab), Rachel Feinstein (the Jew) and more! Whatever your cultural background, The Ethnic Comedy Show will make you feel right at home.
So this is one of those minor gripes – we all have them – but the word “ethnic” really gets my goat. (I mean you can tell I’m not really that mad about it, since I have now advertised this stupid show on our website. You’re welcome Shaun Majumder!)
Or to be clear, it’s not the word ethnic, but the way it’s used, that drives me up the wall.
According to my good friend Dictionary.com, ethnic means:
1. pertaining to or characteristic of a people, esp. a group (ethnic group) sharing a common and distinctive culture, religion, language, or the like. 2. referring to the origin, classification, characteristics, etc., of such groups. 3. being a member of an ethnic group, esp. of a group that is a minority within a larger society: ethnic Chinese in San Francisco. 4. of, pertaining to, or characteristic of members of such a group. 5. belonging to or deriving from the cultural, racial, religious, or linguistic traditions of a people or country: ethnic dances. 6. Obsolete. pagan; heathen. 7. a member of an ethnic group.
You’ll notice though, that more often than not when the word “ethnic” is dropped in conversation, it means “not white.” You know, he’s that nice ethnic fellow!
Considering that two of the comics in this show are white, we can assume that the name The Ethnic Comedy Show! means to indicate that it’s going to be a rollicking night of ethnic comedy, not necessarily comics who are “ethnic” in the, ahem, non-white sense. Which is good. AND ALSO MAKES SENSE. BECAUSE ALL FREAKING COMICS ARE ETHNIC. ALL HUMANS ARE ETHNIC.
Still, even calling it “A Night of Ethnic Comedy” rather than “A Night of Ethnic Comics” is a little off, because all subject matter that involves social mores and generalised behaviour is commenting on some kind of ethnic group – even that of white folks!
When I was at Yale, Mixed Company had the reputation of being the “funny singing group.” You know, as opposed to the “hot singing group” (that would have been the Baker’s Dozen, or the “BD’s” for men, and Something Extra, aka “Sextra,” for women) or the “serious singing group” (Red Hot + Blue) or the “angry feminist group” (The New Blue, to which I belonged).
Does the world really need another “Single Ladies” spoof? Or, for that matter, more pedestrian rice jokes? Don’t get me wrong, we rove a good lice joke. And of coulse we rove it rong time. We just don’t rove these ones.
Now, if you’ll excuse me, I’ve gotta go make the rice and make it nice, and then shoot myself in the face for actually having to sit through that.
I said that I loved Peters because his comedy is (unintentionally?) subversive: it highlights the relationships communities of colour have with each other instead of speaking to, or centering the experiences of white folks. And many commenters on my original piece pointed out, Peters often talks about his sibling communities of colour with fondness rather than ridicule. But then the other night I sat down and watched Red, White and Brown, Peters’ 2008 DVD.
I’m offended when I see comics get onstage going “…and then I went to the Laundromat. Ching-chong, ching-chong, ching-chong!” Then I’m fucking offended. When someone tells a joke about Asian people and there’s no actual joke – the joke is the Asian people. The joke is [racist-comic voice] the funny way they talkie-talkie! “They don’t use proper diction! Only verb and noun! Verb and noun!” I just heard a comic that I respect doing that fucking joke the other night. An Asian comic. And I was like, “Dude! Write a punch line or you’re just being racist!”
Peters’ seems to have lost his punchline. There’s lots of different things you could criticise in Red, White and Brown. Peters throws in some shallow Michael Moore style criticism of the war in Iraq that still manages to be Arab/Islamophobic. Sepia Mutiny has an interesting analysis of Peters’ jabs at deaf people. Red, White and Brown gave me a lot to think about, and I’d like to address Peters’ “hatred” for deaf people and his comments about Indian authenticity in a later post. But right now I’m gonna focus on that stupid “Chinky” accent.
Peters opens Red, White and Brown with five minutes of his Chinese accent. And hey, I guess people love his Chinese accent. But where it once highlighted a very funny bit about the way Indian and Chinese people do business together, it’s now become the joke. When the only thing Peters is doing is talking Chinky, it’s not a joke anymore.
He starts by pointing to random Chinese-looking people in his audience, and talking in his Chinese voice. But chances are at least one (if not all) of the Chinese people in the front five rows of his New York audience are Chinese Americans. As in, they don’t talk like that. They’re Americans, you jerk.
But you know what? There is a Chinese American accent. Just like there is an African American accent. There’s a WASP accent: I think Dave Chappelle is famous for having perfected it. So why can’t Peters learn the Chinese American accent, and then do that? That would be bringing it back to the arena that Peters once did so well – giving us something in mainstream comedy that we can relate to.
A few weeks ago, I discovered a new favorite show to watch. My boyfriend has been a How I Met Your Mother devotee for the past couple of years, and tends to always make his way to the couch around eight-ish on Monday nights.
One night, I was working in the bedroom when I caught an errant nerdy reference.
Oh, love! A discussion of the physics involved in Superman with a comic book reference challenge at the end? Be still my heart!
The next time I wasn’t paying attention, but I was in the living room, so I caught the reference that changed my life:
Race, Culture, and Identity in a Colorstruck World
About This Blog
Racialicious is a blog about the intersection of race and pop culture. Check out our daily updates on the latest celebrity gaffes, our no-holds-barred critique of questionable media representations, and of course, the inevitable Keanu Reeves John Cho newsflashes.
Latoya Peterson (DC) is the Owner and Editor (not the Founder!) of Racialicious, Arturo García (San Diego) is the Managing Editor, Andrea Plaid (NYC) is the Associate Editor. You can email us at team@racialicious.com.
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Decorative Garden Bridge and Designs
A decorative garden bridge is something that might look great in your
landscape design. Garden bridges make a wonderful focal point along with
being functional. Some are very attractive and welcoming.
So...where can you use a garden bridge?
Using A Japanese Garden Bridge
If you have a pond and it narrows at a particular area, this would be a perfect place. It would also provide access across the pond without forcing people to walk all the way around the water feature.
If you have a stream on your property, whether it be added or natural, a bridge is very practical. I remember a stream at a friend's house I used to go to. The stream was extremely long and there was a bridge. Actually, this stream was so long, he could have use two bridges!
Some landscapes incorporate a dry stream. This is where decorative stone is placed in the formation of a stream. It can be a nice landscape element, but even more important, it can serve as a drainage solution to areas that are wet at times. A dry stream can be designed with many naturalistic plants on both sides to add color, textures and interest. A bridge going across can fit in perfectly as access to either side.
Garden Bridge Designs
Many bridges are made of wood. Wooden garden bridges often have railings for both safety and to enhance the look.
An arched garden bridge is very common.
It may be wide enough for one person to walk along...about three feet wide, or it can also be wider so that two people can walk side by side.
In this case the bridge should be at least four feet in width.
Choose a durable wood that weathers nicely over time. Visit my page types of wood to learn more about various woods.
Rustic Garden Furniture (above photo)
Stone Garden Bridge Design
A more unusual type of bridge is a stone bridge. You can get a beautiful bluestone slab about three feet wide to bridge a narrow opening. By using it with lots of boulders and plants, a very naturalistic look can be created.
You can also have a decorative garden bridge customized with interesting wood, such as the beautiful Brazilian woods. Since they are not that large, this would not be too expensive.
Photo courtesy of Scott's Aquatic Creations
"Susan, what a pleasure it was to work with you. You made me feel like I was your only client - responding late at night and always so quickly! Your design is amazing and we only hope we can do justice to it when we plant. You have such fantastic ideas and you are so open to suggestions and changes. Loved working with you - now if you could only come to Canada and plant it!!!"Helen, Ontario-Canada
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Executive branch budgets are often little more than wish lists of the party in power, especially in eras of divided government. Add to the mix that this is an election year and the last one of the Obama administration, and the 2017 budget the president proposed Tuesday is a largely symbolic document that is unlikely to significantly influence federal policy.
Which is too bad for many advocates for colleges and students, because President Obama -- who has emphasized the importance of higher education from the very start of his administration, lavishing funds on it while at the same time demanding more of it -- would do much of the same in his last budget plan.
The administration's blueprint for the 2017 fiscal year has something for everyone -- including a slew of new programs, some of which have been announced in recent weeks.
It would significantly increase spending on most programs to support basic and other research (except for defense-related studies), bolster the Pell Grant Program and invigorate the recently rescued Perkins Loan Program, and fund President Obama's plan for free community college and a new technical training fund. (It would also continue to toughen the regulation of for-profit higher education by lowering to 85 from 90 percent the proportion of an institution's revenues that can come from federal student aid programs.)
Even as they largely praised the administration's budget, college leaders seemed to acknowledge they were unlikely to reap the benefits, almost pleading with government leaders not to punt on such decisions until next year.
"Election-year politics should not foreclose progress in the year ahead," Peter McPherson, president of the Association of Public and Land-Grant Universities, said in a statement. Ambitious proposals to pour money into seeking a cure for cancer and the like "should not be immediately dismissed simply because there will be a new occupant at 1600 Pennsylvania a year from now."
But that's exactly what most observers expect will happen. The 2017 fiscal year, which the budget proposal would cover, begins on Oct. 1, five weeks before the Nov. 8 election and three-plus months before Obama is replaced. The Republican-controlled Congress is unlikely to take seriously a budget that would fund many of its big-ticket items with tax increases and other approaches conservatives don't like.
Republican congressional leaders went so far as to refuse to let President Obama's budget director formally present the plan to key Senate and House committees this week, a breach of a 40-year-old tradition.
“This budget joins his others by placing America on a fiscal path that is unsustainable and threatens our long-term economic growth,” Senator Michael B. Enzi of Wyoming, chairman of the Senate Budget Committee, said in a news release.
Grain of Salt
So recognizing that the budget plan may prove to be little more than a menu for a Democratic successor to President Obama or something for a new Republican president to ignore, what is in it?
The administration's 2017 budget is first and foremost student friendly. It would fully fund the Pell Grant in 2017 and ensure that the maximum grant grows with inflation indefinitely -- a provision indexing the program to inflation is due to expire next year. At a briefing on Tuesday, Jeff Appel, deputy under secretary of education, described Obama's support for Pell as a "legacy feature" of his presidency.
The Education Department's budget plan also would restore year-round eligibility for Pell Grants, reversing a budget-conscious decision of four years ago, and create a $300 annual bonus for Pell recipients who take at least 15 credits per semester.
The budget would once again let prisoners earn Pell Grants and remake the Perkins Loan Program to make much more money available, but also to restructure it so that the funds flow primarily to institutions that enroll and graduate significant numbers of low-income students. The Obama administration has been trying to bring about the latter change since 2009.
Low-income students also would benefit from a plan to cut from the Free Application for Federal Student Aid numerous questions related to "assets, non-IRS untaxed income, non-IRS income exclusions, and other income adjustments, which have been shown to confuse students," the administration said.
Advocates for students generally applauded all those changes, which they said would help make college more affordable. Their one major qualm was with a budget provision that would "strengthen academic progress requirements" in the federal financial aid programs "to encourage students to complete their studies on time."
Supporters of low-income students frequently worry that toughening eligibility requirements will unfairly hurt academically underprepared students, but Carrie Warick of the National College Access Network said she had been assured by an Education Department official that the plan would "not include a full-time-enrollment or a [grade point average] requirement, which are the two elements we oppose seeing added." Instead, she said, the department plans to require completion of a minimum portion of the credits a student attempts.
"On the whole," Warick said, "the budget’s proposed changes to the Pell Grant program, FAFSA simplification and changes to the campus-based aid allocation programs are all big wins for low-income students."
Mixed Bag for Colleges
The budget contains lots of sweeteners for colleges generally and for some groups of institutions (though it's probably safe to say there's little in there for for-profit colleges to like).
As has been the case throughout much of the Obama administration, community colleges would fare well under the 2017 blueprint. It contains the president's much-discussed (and expensive: $61 billion over 10 years) plan from last year's budget proposal to help states make two years of community college free, as well as more recently unveiled initiatives that would create 100 new job centers modeled on Tennessee's technical college system and establish a tax credit to encourage employers to hire two-year-college graduates.
The budget would also provide healthy funding for career and technical education and the Labor Department's existing job training programs; the latter would receive $138 million more in 2017 than it is this year.
"Over all the budget looks positive for our key programs," said James Hermes, associate vice president for government relations at the American Association of Community Colleges.
Historically black colleges would also benefit from the free community college plan, as low-income students who enroll there would also get funds. The administration also proposed a $30 million "Innovation for Completion" fund that would provide competitive grants to minority-serving institutions that "foster innovative and evidence-based, student-centered strategies and interventions to increase the number of low-income students completing degree programs."
The Research Picture
The supporting documents for the budget proposal offer a strong rhetorical argument for the importance of academic research and development for the country's future. "To compete in the 21st-century economy and make America a magnet for job creation and opportunity, we need to invest in American innovation, strengthening our manufacturing base and keeping our nation at the forefront of technological advancement," says a budget document about "meeting our greatest challenges." Research investment is key, it suggests.
And the budget does propose a 4 percent increase in overall spending on research and development, including an aggressive new "moon shot" push for cancer research, an extra $500 million for the National Science Foundation and a boost for energy research.
But the Association of American Universities was quick to point out that the budget plan would inflict "deep cuts in basic research at the Department of Defense" and that despite setting "aspirational goals" for research support, much of the new money would come from "mandatory funding streams that Congress will not seriously consider," because of the restrictive discretionary budget caps that remain in place.
In other words, AAU suggests, the administration's big increases are largely illusory.
"In the long run, our country needs to recognize that we face the threat of an innovation deficit caused by the combination of our own still-inadequate investment in research and higher education while other countries race to catch and bypass us," said Hunter Rawlings, AAU's president. "Only when Congress and the president are prepared to deal with the actual causes of the nation’s long-term fiscal issues will there be adequate resources to fuel our nation’s economy and its future."
A few other details about the budget proposal:
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---
abstract: 'The increasing incorporation of Artificial Intelligence in the form of automated systems into decision-making procedures highlights not only the importance of decision theory for automated systems but also the need for these decision procedures to be explainable to the people involved in them. Traditional realist accounts of explanation, wherein explanation is a relation that holds (or does not hold) eternally between an *explanans* and an *explanandum*, are not adequate to account for the notion of explanation required for artificial decision procedures. We offer an alternative account of explanation as used in the context of automated decision-making that makes explanation an *epistemic* phenomenon, and one that is dependent on context. This account of explanation better accounts for the way that we talk about, and use, explanations and derived concepts, such as ‘explanatory power’, and also allows us to differentiate between reasons or causes on the one hand, which do not need to have an epistemic aspect, and explanations on the other, which do have such an aspect. Against this theoretical backdrop we then review existing approaches to explanation in Artificial Intelligence and Machine Learning, and suggest desiderata which truly explainable decision systems should fulfill.'
author:
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Tarek R. Besold tarek-r.besold@city.ac.uk\
Department of Computer Science, City, University of London Sara L. Uckelman s.l.uckelman@durham.ac.uk\
Department of Philosophy, Durhamn University
bibliography:
- 'explanation.bib'
title: 'The What, the Why, and the How of Artificial Explanations in Automated Decision-Making'
---
Explanations and Decisions
==========================
Artificial systems are increasingly used to make decisions in an automatized fashion in various aspects of human life, including medical decision-making and diagnosis, large-scale budgeting, financial transactions, etc. The range of possible or actual applications of such systems is broad and varied, from the assignment of credits and loans, through recommendations for medical treatments or the distribution of donor organs, to more mundane applications in matchmaking on online dating platforms or the support of healthy or active lifestyles. As a result, the important role that theories of decision-making in general, as well as particular implementations via algorithms and decision procedures, play in Artificial Intelligence (AI) cannot be overstated.
But because these artificial decision systems by their nature interact with human users, a robust decision theory or algorithm is not, by itself, going to be adequate. It is not sufficient that we can merely predict what results some system will obtain, reasoning from first principles of classical decision theory if we do not know why we get those results or are not able to explain how the results are obtained. There is an important post-decision epistemic gap that must also be filled, when the decision rendered by the artificial system is communicated to “the human system”: The explanatory gap.
When someone asks for an explanation of why they have been denied a loan by the bank, responding “the algorithm outputted a ‘no’ to your request” may be a *reason* why the loan application was denied, but this is often not, and in many cases, *cannot be* an *explanation* of why the person was denied; it isn’t an explanation any more than “Because I said so” is an explanation to a child of why they cannot have a second piece of candy: “Because I said so” is a *reason* why the child cannot have a second piece of candy, but it is not a reason that gives insight into the mechanisms in play; it is simply an appeal to authority. As Park et al. note, “Explaining decisions is an integral part of human communication, understanding, and learning” [@ParkHASDR16 p. 1]; an answer that does not produce understanding of why the answer is correct or provide an insight into how the answer was obtained is not going to satisfy the relevant role that explanations play in human communication. In a sense, explanation is the flip side of decision: The capacity to make deliberate decisions brings along with it the need to be able to adequately explain how and why those decisions are reached.[^1] Thus, a robust and correct algorithm or decision procedure is never going to be enough for satisfactory AI-human interaction: Given that explaining decisions is integral to human communication, it must also be possible to explain why that algorithm or decision procedure gives the outcome that it does.
The topic of ‘explanation’ is one that is quite frequently discussed in philosophy, particularly in philosophy of science, where, *inter alia*, inference to the best explanation plays a substantial role and the explanatory power of a scientific theory is often cited as a virtue to be promoted when discriminating between theories [@harman; @thagard]. Most of these accounts of explanation are realist in nature, grounding explanation in some factor or feature of the real world. Such accounts of explanation, however, do not seem to hit the mark for the purposes of shedding light on the concept of explanation as it is used in and regarding artificial systems. We address this in §\[explain\], introducing prominent accounts of explanation found in philosophy and explaining (hah!) why they are inadequate for our current purpose. In §\[epistem\] we make explicit the epistemic dimension of explanations which *must* be addressed in order to have a satisfactory account. We switch gears in §\[AI\] to lay out some relevant AI contexts where an account of explanation is necessary, paving the way for us to highlight desiderata for an account of explanation in AI in §\[desiderata\], building upon the account of explanation we gave in §\[epistem\]. We conclude in §\[conc\].
Before we begin, however, we first take a brief look at what it is that we wish to explain, that is, the decisions produced by artificial systems, generally in communication with or relevant to humans, and the ways in which decision theory is manifest in Artificial Intelligence.
Classical Decision Theory (CDT)—“the analysis of the behavior of an individual facing nonstrategic uncertainty” [@gintis p. 2]—is rooted in classical game theory and operates under many simplifying assumptions such as transitivity of preferences, unbounded processing capacity, perfect knowledge, and perfect recall. These assumptions allow decision theorists to construct elegant mathematical models, but these models are poor models of actual human reasoning. Individual experiences are sufficient to show that humans do not have unbounded processing capacities—an observation which is by no means new, but already lies at the heart of, among others, Simon’s work on bounded rationality [@simon1959; @simon1990]—nor do we have perfect knowledge or recall, and experimental evidence also demonstrates the many ways in which humans fail to be perfect [@WC]. This provides fair reason to reject CDT as a plausible (or even “just” reasonable) model of human behavior.
It might be thought that CDT fares better in the artificial domain, for many of the simplifying assumptions that do not apply to humans may apply to artificial systems. However, while CDT might offer a convenient framework guiding the development of decision capacities in AI systems which are operating by themselves, the situation changes once systems are required to interact with human users in a significant way. In these cases, the capacity to not only reason rationally, but rather to emulate human-like reasoning becomes important [@besold2018]. This does not only hold in scenarios where close human-machine collaboration in a bidirectional way is required [@besold2013; @besold2018], but also in the setup serving as backdrop to this article, i.e., when human users are subject to automated decision-making. While in the latter case one can argue that from a purely rational perspective taking decisions based on a CDT model is advisable (given the well-understood mathematical basis of CDT accounts of decision-making, and the corresponding adherence with explicit rationality postulates), once one also takes into account the perspective of the subject of the decision—and their need to not only rationally understand potentially negative decision outcomes, but also to accept them on a personal and subjective level—additional requirements tying more closely into cognitive, psychological, and cultural aspects of decision-making come into play.
Even models that build on the application of classical game theory to the evaluation of actual human behavior and reasoning — such as the *beliefs, preferences and constraints* or *BPC* model of behavioral game theory — weaken many of the assumptions made by classical game theorists, but still adopt problematic axioms. For example, while the BPC model does not require perfect knowledge or unbounded rationality, it still assumes that human preferences are consistent, an assumption that human-based disciplines such as psychology generally reject [@gintis p. 3].
These and other shortcomings of CDT—when thinking about extending its reach beyond a descriptive-explanatory use in understanding economic phenomena, or in supporting normative economics—have by now been widely recognized (see, for instance, [@beach2017; @einhorn1981; @gilboa]). Still, it is an open question how CDT would have to be expanded to be usable, for instance, to applications (possibly even predictively) modeling actual human decision-making on a case by case basis. Gilboa notes that
> one may find that refinements of the theory depend on specific applications. For example, a more general theory, involving more parameters, may be beneficial if the theory is used for theoretical applications in economics. It may be an extreme disadvantage if these parameters should be estimated for aiding a patient in making a medical decision. Similarly, axioms might be plausible for individual decision-making but not for group decisions, and a theory may be a reasonable approximation for routine choices but a daunting challenge for deliberative processes [@gilboa p. 2].
Modern decision theory has correspondingly developed into a wide and varied field of partially independent, partially rivaling paradigms and methods with usually fairly well-specified application domains and contexts, also in this sense having departed from many CDT approaches and their corresponding claims to generality.
Examples of this new brand of decision-theoretic frameworks include Gilboa and Schmeidler’s subject-centric accounts [@gilboa_schmeidler_2001], in which the rationality or irrationality of a decision depends on the decision-maker’s individual cognitive capacities and limitations, or their theory of case-based decision-making [@gilboa1995] which leaves aside beliefs or predictions and judges the desirability of an act exclusively based on how well it worked on similar problems in the past. Tversky and Kahneman [@tversky1974judgment] in their heuristics and biases program aimed to explain and conceptually rebrand what had been considered irrational human behavior as simply adhering to certain patterns and shortcuts common to human reasoning. Following in a similar vein, behavioral decision theory [@slovic1977] and, more recently, behavioral economics [@camerer2011behavioral] enhances the repertoire of economics with a wide range of methods and theories from experimental psychology, neuroscience, cognitive science, and the social sciences in providing explanations across different conceptual levels from neurophysiological to cultural for previously unconsidered or dismissed particularities of human decision behavior.
In all its diversity, modern decision theory acknowledges the need to take into account the decision-maker who, often, also turns out to be one of the decision subjects. In this way, modern decision theory shares a basic intuition also driving research into explanations in decision-support and automated decision-making systems. The decision-maker (in the case of decision-support systems) and/or the decision subject require understanding of the why and how a decision has been reached, or a recommendation regarding a decision outcome has been given. This understanding can either be provided if the decision has been reached by modes of reasoning familiar to the user (i.e., the initially mentioned emulation of human reasoning), or by providing explanations of the reasons and the steps which have given rise to the system output in a way understandable to the user. While, all efforts in decision theory (modern or otherwise) notwithstanding, the former option still remains largely out of reach, the latter angle is taken by most current projects in the context of explainable AI systems for decision-making. But despite the enormous popularity the corresponding research direction currently enjoys, some fundamental questions hitherto remain unanswered (and, often, even mostly unaddressed)—such as, for example, what is or makes for an explanation of automated decision-making (and maybe even a good one) in the first place?
What are explanations (thought to be)? {#explain}
======================================
Standard philosophical accounts of explanation are robustly realist, taking ‘explanation’ to be some metaphysical characteristic of the world. A typical example of this approach is taken by Nozick, in a chapter entitled “Why is there something rather than nothing?” [@nozick]. There he notes that “the question about whether everything is *explainable* is a different one” [@nozick p. 116] (emphasis added) from the title question of the chapter. Nozick stipulates the existence of a relation $E$ which is the relation “*correctly explains* or *is the (or a) correct explanation of*” [@nozick p. 116], and states that this relation is irreflexive, asymmetrical, and transitive:
> Nothing explains itself; there is no $X$ and $Y$ such that $X$ explains $Y$ and $Y$ explains $X$; and for all $X$, $Y$, $Z$, if $X$ explains $Y$ and $Y$ explains $Z$, then $X$ explains $Z$ [@nozick pp. 116–117].
As a result, this relation of explanation strictly partially orders all truths.[^2] Further, this ordering is of *all* explanations, not just those that are known to us [@nozick p. 117]. Such an account of explanation is realist in the sense that
> if one hopes to explain the occurrence of one event $e$ by appealing to another event $c$, the explanation is successful only if there is a genuine relation $R$ between the mentioned events. That is, for such an explanation to be *correct* and therefore genuinely explanatory it must actually be the case that $c$ and $e$ stand in relation $R$ [@campbell08 p. 75].
Unfortunately, this explanation of explanation is almost entirely useless (or at least inapplicable) as an analysis of *practical* explanations. With this we mean the ordinary phenomena of explanation that we believe are relevant for use in the context of automated decision-making in particular, or even when looking at the notion(s) of explanation as used by people in their everyday life more generally. We will highlight a number of issues with Nozick’s stipulations, and offer an alternative account.
First, note that Nozick gives no motivation or argument for his account of explanation, either that it is a relation or that it is a relation of the type that he specifies. He simply asserts that such a relation exists and that it is what constitutes explanation.[^3]
Second, his definition of explanation is incomplete because it does not specify what the relata of the relation are—facts? States of affairs? Objects in the world? Propositions? Something else? It may be the case that that it doesn’t matter, and his account works whatever the relata are, but we have not yet been given any indication that this is the case. At the very least, Nozick needs to specify what he thinks the relata are, and, even better, to give us reason to believe that he is right.[^4]
Third, Nozick gives no argument for his claim that the relation of explanation—even assuming that one exists and that the relata of the relation are well-specified—is irreflexive, asymmetrical, and transitive. In fact, there are reasons to think that it is none of these.[^5] If there are brute facts (a possibility that Nozick himself entertains [@nozick pp. 117–118]), then these brute facts are their own explanations, hence the relation of explanation would be reflexive for brute facts. In the case of equivalent statements, there is no reason to think that they could not be explanations of each other; for example, the Axiom of Choice and the proof to Zorn’s Lemma can be thought to *explain* Zorn’s Lemma, *and* conversely Zorn’s Lemma and the proof to the Axiom of Choice can be thought of as an explanation of the Axiom of Choice. Which one is taken to explain the other will depend, in part, on which one the person in question was introduced to first. This highlights one important aspect of explanations that we will discuss more in the next section: Explanations are context sensitive. Lastly, as with any transitive relation, it would not be difficult to construct a sorites wherein $X_0$ explains $X_1$, $X_1$ explains $X_2$, and $X_i$ explains $X_{i+1}$ for every $i$ up to some $n$, but by the time one gets to $X_n$, $X_0$ is not an explanation of $X_n$. This again highlights the importance of context sensitivity.
Fourth, this account of explanation does not provide any room to distinguish explanations from reasons. There are many reasons that can be given why a certain thing is the case; which of these turns out to be an explanation will depend on context, we argue below.
What we have seen from the preceding is that Nozick’s account of explanation entirely overlooks what we can call the epistemic dimension of explanation. Now, this is not to deny Nozick’s implicit point that some explanations are known to us and some are not—in fact, quite the opposite. For it is precisely the fact that there are explanations that we do not have that we wish to have that we ask the question “Why?” But this question is never asked in isolation, and *that* is the epistemic dimension we are interested in.
The epistemic dimension of explanation {#epistem}
======================================
Suppose someone asks you “Why is that car red?” There are a number of possible answers you might give:
1. Because it reflects light in wavelengths between approximately 625–740 nm.
2. Because someone painted it red.
3. Because no one painted it blue.
4. Because its owner’s favorite color is red.
5. Because there were no non-red cars at the dealer when the owner bought their car.
All of these can plausibly count as reasons for why the car is red. But which of these reasons will count as an *explanation* of why the car is red will—as exemplified by the examples above—depend on the circumstances in which the asker is asking the question.[^6] These circumstances include the asking agent’s belief state and knowledge set, as well as her reason for asking that question, as opposed to another question, and what she hopes to do with the answer once she’s obtained it.
These factors are what make up what we call the ‘epistemic dimension’ of explanation. We are not the first to highlight the importance of this dimension; Kim [@kim] argues that many “existing accounts of explanation…neglect the epistemological dimension of explanation by failing to provide an account of understanding” [@campbell p. 213]. And as McLaughlin says, “Only by taking into account the epistemic dimension of explanation can we capture the idea that explanations provide understanding, answer questions, and give reasons for belief” [@mclaughlin p. 227]. While explanations provide reasons, as noted above not every reason counts as an explanation, and thus there must be something more to a reason that makes it an explanation. What that something more is we now attempt to identify.
First, note that when we talk about the “epistemic dimension of explanation”, we do *not* mean the sort of thing that Campbell is talking about here:
> Kim’s own understanding of the epistemological dimension of explanation does not actually concern understanding *per se*, or how it is that an explanation generates or contributes to understanding; instead it is a question about what kinds of facts constitute explanatory knowledge [@campbell p. 214].
The question of how an explanation generates understanding is a question of epistemology, not a question of explanation. Similarly, the notion of “explanatory knowledge” is narrower than the notion of explanation we are interested in; knowledge implies truth but, as we argue below, practical explanations need not be truthful in order to count as explanatory.
We argue that there are three things necessary for a particular reason to count as a practical explanation in a given context: (1) The reason must be relevant to the purpose of the question; (2) the reason must provide the hearer with the power to act in a more informed way; (3) the reason need not be true, though it does need to be at least an approximation of the truth. We treat each of these characteristics in turn.
Ad (1): Irrelevant reasons cannot be explanatory. If you are asking me for an explanation, then you have a particular epistemic need to be filled or epistemic longing to be satisfied. This need circumscribes the possible acceptable answers. Any answer which does not (attempt to) satisfy this need will not be relevant and cannot be an explanation. Further, not only does the epistemic context of the explanation determine (in part) what reasons are actually explanation, but the type of the explanation matters too, whether it is a formal explanation, a mechanistic one, a teleological one, etc. As Vasilyeva et al. point out, “Research increasingly supports the idea that (many) representations and judgments are sensitive to contextual factors, including an individual’s goals and the task at hand…This raises the possibility that judgments concerning the quality of explanations are similarly flexible” [@vasilyeva2017 p. 1]. Further, empirical evidence demonstrates that “the acceptability of teleological explanations relates to conceptual domains, causal beliefs, and general constraints on explanation” [@LC p. 168], and there is little reason to doubt that the same is true for other types of explanation. All of this comes together to demonstrate that an account of explanation that does not take into account the ways in which context determines the relevance of an explanation will fail to be an account of how explanations actually function.
Ad (2): The reason the type of explanation matters for determining relevance is because the type of explanation affects what you can do with the explanation afterwards. This brings us to the second characteristic of explanations, and the question of what makes a reason relevant in a given context? That is to say, what makes some particular reason satisfy an epistemic need, but not another? The answer is rooted in the notion of “explanatory power”—when we say, e.g., that one scientific theory has “more explanatory power” than another, we are saying that it gives us (or, at the very least, the scientists involved in applying the theory) the power to *do more things*. We can explain other phenomena, we can make new predictions, we can understand more than we understood before. Thus, the power of an explanation is rooted in its capacity to allow us to act in a way that we could not have acted otherwise. Irrelevant reasons do not give us such a power. If you tell someone who asks you “Why is that car red?” that it is because it reflects light of a particular wavelength, but the person who asked for the explanation has no concept of wavelengths or reflection, or indeed of light as an abstract concept, this answer will not be explanatory because it does not allow her to act in a more informed way; the answer is, quite simply, irrelevant because it is uninformative, and it is uninformative because it does not fit within the epistemic context of the asker. This not to say that such an answer *cannot* be explanatory; it can, in another context. From this, it is clear that whether something is an explanation varies according to context.
Ad (3): This is perhaps the biggest way in which our account of explanation differs from realist accounts. On a realist account, the relation of explanation either holds or doesn’t hold at all times and only holds (presumably) when there is in fact a genuine connection between the two events. If the car owner’s favorite color is green, then saying that the car is red because red is his favorite color is not an explanation because it is false.
However, truth is an enormously high bar to put on explanation, and in fact explanations that are later determined not to be true can still have enormous explanatory power (in the sense of explanatory power that we defined above). In our pursuit of scientific progress, “we do not necessarily replace wrong theories with right ones, but rather look for greater explanatory power” [@niaz p. 93]. A classic example of this from philosophy of science are scientific models of the structure of atoms. Over the course of the 20th century, different models of atomic structure were proposed which “continue to provide increasing explanatory power, such as: Thomson, Rutherford, Bohr, Bohr-Sommerfeld, and wave-mechanical, among others” [@RepNat p. 71]. It simply doesn’t make sense to speak of increasing explanatory power if you think that there is no explanation going on (which one must think if one requires all explanations to be strictly truthful). Here it is worth noting that saying that Theory 2 is adopted to replace Theory 1 because Theory 2 has more explanatory power than Theory 1 does not commit us to saying that Theory 1 retains any explanatory power once Theory 2 has taken its place; in fact, our approach to explanation allows us to strip Theory 1 of all of its explanatory power once its been superceded (though of course we are not required to: Newtonian mechanics are still explanatory, even if in some contexts relativistic mechanics are *more* explanatory).
We do, however, want to encourage truth-seeking in our quest for explanations, and to prioritize as good explanations those which have a better fit with the set of knowledge claims relevant for the context (and are thus in at least some sense “closer to the truth”). Consider folk-explanations for thunder, whether it be Zeus throwing his thunderbolt, Thor banging his hammer on an anvil, or Leigong hitting his drum with his mallet. In the right context, each of these can be relevant to satisfying the hearer’s epistemic longing; in such contexts they also provide the hearer with the power to act in a more informed way (for example, one can then consider whether to sacrifice a virgin to appease the god and make the thunder stop); however, as an approximation of the truth each of these explanations all falls quite short. As a result, it is legitimate for us to say that they are *not very good* explanations. Thus our account of explanation avoids one potential criticism of non-realist accounts, namely that anything whatever can count as an explanation, given the right context. Even if that is the case, we are still able to distinguish good explanations from bad ones. The question of how much truth is required is a question of great importance in its own right, and one that we will set aside for the remainder of this paper.
We’ve noted one consequence of this account of explanation above, namely that one and the same reason can be an explanation in one context and not in another, because of the individual nature of individual epistemology. A further consequence is that one need not give up Nozick’s account of explanation as a metaphysical relation between things entirely, of course. As Campbell notes,
> The pluralist’s emphasis on the epistemology of explanation does not render her position irrealist because the correctness of the explanation of one event in terms of another is in part a function of the metaphysical relations between them [@campbell08 p. 91].
Note, though, that the idea of “the correctness” of an explanation potentially smuggles in some problematic notions—not stemming from the “correctness” but from “the”. Even the pluralist’s approach to explanations requires that there be *the* correct explanation, and that this unique explanation’s correctness is rooted in certain metaphysical facts (see quote from Campbell earlier in the previous section). If, however, we scrap the notion of there being *the* correctness of an explanation, and allow there to be many different ways of grounding what makes an explanation a good explanation in a given epistemic context, then we can allow that the existence of some metaphysical relation between events can be sufficient for possessing an explanation, but it is not necessary (and it is not even *always* sufficient). Thus, we allow for the possibility that we can have multiple possible explanations for a single event or phenomenon, not all of which will be actual explanations in a given context.
In this, our explanatory pluralism differs from Kim’s, on which “it is possible to have more than one explanation for a given event *provided that one has an account of the way the explanations are related*” [@campbell08 p. 86] (emphasis added). We can allow that any of the answers to “Why is that car red?” above are explanations of the car’s being red, without requiring that we have an account of the way in which these various answers are related to each other (and indeed, why would we explain there to be any such account? Particularly of how people’s favorite colors are related to how light at various wavelengths appears to us.)
A final important consequence of this account is that no one can determine whether something is an explanation for someone else, because of the private nature of individual epistemology. This raises interesting issues in the implementation of mechanisms of explanation into decision procedures in artificial systems, for it means that there is no single answer that the decision procedure can give that can be guaranteed to be explanatory for all people.
Our conclusion is that explanation is “an epistemological activity” and explanations are “an epistemological accomplishment” [@kim88 p. 225]—they satisfy a sort of epistemic longing, a desire to know something more than we currently know. Not only do they satisfy this desire to know, they also provide the explanation-seeker a direction of action that they did not previously have.
Explanation in AI {#AI}
=================
We now shift our focus to how our conception of practical explanation plays out in the context of AI—both in terms of how it compares to previous accounts of explanation and how well it can play the role needed in AI. The purpose of this section is primarily historical, outlining what has been said previously as well as the current discussions, before we move on to more normative matters in the next section.
Such a historical discussion is not straightforward: Not only is there no unified or uniform concept of ‘explanation’ that is used in AI contexts, quite often the term is neither defined nor explained. It is outside the scope of this paper to give a complete history; instead, we focus on two important contexts in which explanations play an important role: explanations in what is called “Good Old-Fashioned Artificial Intelligence” or GOFAI (§\[gofai\]) and explanations in machine learning (§\[ml\]), and then specific challenges concerning explanations that arise in the context of automated decision-making (§\[dm\]).
Explanation in GOFAI {#gofai}
--------------------
Discussions concerning (the need for) explanations of the reasoning and behavior of AI systems are not a new phenomenon, but already started during the time GOFAI [@haugeland1985], and more precisely in the context of expert and decision support systems. Clancey [@clancey1983] questioned whether uniform, weakly-structured sets of if/then associations (i.e., simple inference rules of the form “IF $precondition_1$ and $precondition_2$ and $\ldots$ and $precondition_n$ THEN $consequence$”) as used in the MYCIN medical expert system for the abductive diagnostics of bacterial infections [@shortliffe1974] are suitable for instance in a teaching setup, i.e., with the intent to support active learning. This engendered significant interest in explainable expert systems (see, e.g., [@chandrasekaran1989; @wick1992]), with much work targeting the representation formalisms used in the respective systems [@gaines1996]. It also caused the development of proposals to conceptually split the task that a computational system has to solve into two functional components, a problem-solving one and a communication one (see, e.g., [@vansomeren1995; @askiragelman1998]).
In a more recent effort originating from the cognitive systems lines of research, Forbus emphasized the importance of the human comprehensibility of the behavior and the output of AI systems in the context of his *software social organisms* [@forbus2016]. In his view, participation in human society requires effective and efficient communication. In order to have both effective and efficient communication, AI systems must have adequate explanation capabilities and capacities.
Explanation in Machine Learning {#ml}
-------------------------------
Machine Learning (ML) methods have seen impressive successes over the last few years. ML-based systems have consequently been introduced into more and more complex application domains, with a significant share of efforts targeting decision support and automated decision-making systems. In the wake of these developments, questions of how to interpret or explain the applied methods and systems have become important. Taking stock of the current variety of ways “explanations" and related notions are treated within ML as a field, Lipton points out that “the term interpretability holds no agreed upon meaning, and yet machine learning conferences frequently publish papers which wield the term in a quasi-mathematical way” [@lipton2016 p.7]. He calls for further formulations of problems and their definitions, hoping to provide a more systematic conceptual basis on which to advance research and development of the corresponding types of systems. Doran et al. [@doran2017] responded to that call with an initial proposal for a general typology of explainable ML and AI methods and systems. In their account, there are three general types of AI/ML systems:
- Opaque systems where the mechanisms mapping inputs to outputs are invisible to the user. This basically converts the system into an oracle making predictions over an input, without indicating how and why predictions are made.
- Interpretable systems where a user can not only see, but also study and (given potentially required expertise, resources, or tools) understand how inputs are mathematically mapped to outputs.
- Comprehensible systems which emit symbols along with their outputs, allowing the user to relate properties of the input to the output.[^7]
When comparing the notions of interpretable and comprehensible systems, it is important to note that while interpretable systems are pushing towards becoming “white boxes” (in contrast with the “black box” nature of opaque systems), a comprehensible system can well remain a “black box” concerning its inner workings, but is required to provide the user with symbolic output suitable to serve as basis for subsequent reasoning and action (possibly resulting in a “communicating black box”. Against the backdrop of these three types of AI/ML systems, Doran et al. require that any definition or characterization of ‘explanation’ must involve the presence of “a line of *reasoning* that explains the decision-making process of a model *using human-understandable features of the input data*” [@doran2017 p.7]. We now see how this plays out in existing ML approaches.
Argument-Based Machine Learning (ABML) [@mozina2007] applies methods from argumentation in combination with a rule-learning approach. Explanations provided by domain experts concerning positive or negative arguments are included in the learning data and serve to enrich selected examples. Still, although ABML adds the corresponding information to the system output (and, in doing so, likely enhances the general degree of explanation) compared to most “standard” ML approaches, there is no built-in check or guarantee that users fully comprehend the learned hypotheses.
Explanation-Based Learning (EBL) (e.g., [@ebg:mitchell]) uses background knowledge in a mainly deductive inference mechanism to “explain” how each training example is an instance of the target concept. The deductive proof of an example—in some cases augmented by newly added features not explicit in the training examples [@prolog:ebg]—yields a specialization of the given domain theory leading to the generation of a special-purpose sub-theory described in a user-defined operational language. Even so, the generated syntactic explanations can still be far from human-comprehensible explanations in any relevant semantic sense (causal, mechanistic, etc.).
In the context of artificial neural networks and related statistical approaches, regression models [@schielzeth2010] or generalized additive models [@lou2012] often serve as prime examples for interpretable methods and systems. In these cases, however, interpretability refers almost exclusively to a mathematical property of the models [@rudin2014; @vellido2012], allowing for a certain degree of knowledge extraction from the model and subsequent interpretation by domain experts, but clearly lacking a general explanatory component accessible to the end user. This is not always problematic; for internal purposes, this notion of interpretability may suffice. However, once these systems begin to interact with humans, an explanatory component becomes necessary.
Finally, a somewhat popular explanation strategy is to create a more comprehensible representation of the learned model, which in most cases necessitates a trade-off between fidelity and comprehensibility [@vandemerckt1995]. Here, examples include the simplification of decision trees via pruning [@bohanec1994], or the extraction (“distilling”) of decision trees [@frosst2017], or $M$-of-$N$ rules[^8] [@odense2017] as more explanatory models from neural networks. What is common to all methods and systems following this route to explanation is that the respective approaches are purely intended to illustrate the system’s behavior to the end user while abstracting away from the actual details of the underlying algorithm. This presupposes an application scenario and/or intended user base which afford this restriction on the accuracy of the explanation regarding the actual inner workings of the system, including the potential challenges this might pose, for example, in the context of legal liability and responsibility considerations. Also, while the resulting representations are intended to be more comprehensible than the learned model in its original form, they very often still remain quite technical in appearance and (once again) presuppose a fairly high degree of expertise on the side of the user to actually be understood.
Explanation and automated decision-making {#dm}
-----------------------------------------
Having looked at AI/ML in terms of technical approaches to explainable or interpretable methods and systems, in this section we focus on the specific conceptual role and challenges regarding explainability arising from the use of AI/ML methods in systems for decision-support and, even more importantly, automated decision-making. As noted in the introduction, these systems are used across a wide range of applications. What is common to the vast majority of such systems is their partial or complete reliance on statistical—and, as such, necessarily data-driven—approaches to solving the respective task. This central role of large amounts of data as key input element, processed using complex statistical methods without the explicit generation of interpretable knowledge along the way, gives rise to a certain form of opacity from the user’s perspective. They are opaque “in the sense that if one is a recipient of the output of the algorithm (the classification decision), rarely does one have any concrete sense of how or why a particular classification has been arrived at from inputs. Additionally, the inputs themselves may be entirely unknown or known only partially” [@burrell2016 p. 1]. This opacity is in problematic tension with the goal of having explanations for the outcomes of the decision-making system. This perceived opacity can go back to at least one of three roots [@burrell2016]: (1) A system has been designed to be opaque as a consequence of intentional corporate or state secrecy, aiming at self-protection and concealment and, along with it, introducing the possibility for knowing deception. (2) The system is opaque due to technical illiteracy, since reading and writing code—which might be required in an attempt to analyze the system—is a specialist skill. (3) The opacity arises due to the way the respective algorithms operate at application scale, rooting in the mismatch between mathematical optimization in high-dimensionality on the one hand, and the limitations on human-scale reasoning and the corresponding styles of semantic interpretation on the other.
On the one hand, intentional secrecy can be hard to solve; and in some cases, a solution might not even be desired. On the other hand, opacity due to technical illiteracy and opacity due to processing differences between AI/ML algorithms and human reasoning—while very different in the nature and quality of underlying ailment—can both be addressed by equipping decision systems with explanation capacities. Wachter et al. point out that in a systems context, these explanations can operate on one of two levels, either operating on the level of the decision mechanism itself (i.e., targeting the system functionality in terms of the logic, significance, envisaged consequences and general functionality of an automated decision-making system), or on an instance level (i.e., targeting individual decisions in terms of the particular rationale, reasons, and individual circumstances of a specific automated decision) [@wachter2017 Sect. 2]. This distinction between mechanism- and instance-based explanation of an automated decision also becomes relevant when thinking about the timing of the explanation relative to the explained decision-making process. If an *ex ante* explanation is required prior to the automated decision-making process, the resulting explanation necessarily can only address the mechanism level.[^9] An *ex post* explanation after the decision process has terminated can take both levels into account, potentially addressing aspects of the system functionality as well as the rationale of the specific decision.
Putting these conceptual considerations into the context of actual AI systems as currently (and likely in the short to midterm) deployed for automated decision-making, in the vast majority of cases a divergence between a system’s level of explainability and its performance levels has to be noted. At the moment, Deep Learning (DL) approaches [@lecun2015] frequently solve tasks which had previously been considered far out of the reach of contemporary AI systems, and raise the bar on most technical benchmarks to which some of the corresponding methods can be applied. Still, this class of ML techniques is almost exclusively made up by methods which even on the level of individual decision instances are hardly interpretable, and which—for reasons tying into the very nature of the corresponding approaches as methods learning their own internal representations[^10]—generally cannot by themselves provide comprehensibility queues. Thus, while not being completely opaque in that an instance-based interpretation of a decision process might in principle be possible, the actual level of insight into the reasons and the process underlying a decision offered in practice is low. Better interpretable (or even explainable) approaches such as, for instance, the ones discussed in §\[ml\] in general fall short of the performance levels exhibited by DL methods, requiring the system’s architect to exchange increased interpretability or explainability for (often significant) losses in terms of the system’s effectiveness and efficiency, possibly up to a level where a task could not satisfactorily be solved anymore. Concerning potential practical implications of this trade-off, in absence of regulatory requirements or market-relevant incentives to the contrary, providers of AI systems for automated decision-making in a competitive economic environment are likely to prioritize performance over other considerations—producing oracle-like systems, with very high statistical certainty returning “correct” (as compared to some externally defined task- and/or domain-specific criteria) decision outcomes but not providing actually informative insight into why and how the decision was reached.
In the context of current initiatives on the side of the regulatory authorities on different levels (such as, e.g., the EU General Data Protection Regulation 2016/679) and societal discussions regarding a desire for transparency and corresponding accountability of automated decision systems, work on better interpretable or explainable methods and systems in AI and ML is ongoing. It is against this backdrop, combined with our considerations concerning the nature and virtues of practical explanations, that we want to have a look at what are desirable properties of explanations provided by AI systems in the following section. The resulting list of desiderata can then help to guide the further development of methods and systems towards the goal of providing actual explanations to the subjects’ of automated decision-making.
Desiderata for explanations in AI {#desiderata}
=================================
In the early days of ML, Michie [@michie88] introduced a three-class categorization of learning systems, which has been given new relevance by the current discussion concerning the explainability of AI/ML systems. In Michie’s view, ML systems can be categorized by adherence to the following three (increasingly demanding) criteria:
- *Weak machine learning*: The system’s predictive performance improves with increasing amounts of data.
- *Strong machine learning*: In addition to meeting the weak criterion, the system provides its learned hypotheses in symbolic form.
- *Ultra-strong machine learning*: In addition to meeting the strong criterion, the presentation of the hypotheses has to be communicatively effective in that the user is made to understand the hypotheses and their consequences, subsequently improving the joint performance to a level beyond that of a user studying only the training data.
Whilst most modern ML systems meet the first, weak, criterion, it is the third (i.e., ultra-strong) demand that resonates most strongly with our discussion of explanation in §\[explain\] and §\[epistem\]. From a pragmatic point of view, it seems necessary for an explanation to be communicatively effective. In an applied scenario, an explanation only counts as an explanation if it also fulfills an explanatory function.
A similar intuition, though augmented by a second communicative direction back from the user to the system—converting the previously one-dimensional communicative situation into a real two-way interaction also in terms of information transfer, and not only in joint behavior—underlies the account given by Stumpf:
> First, the system’s explanations of why it has made a prediction must be usable and useful to the user. Second, the user’s explanation of what was wrong (or right) about the system’s reasoning must be usable and useful to the system. Both directions of communication must be viable for production/processing by both the system and the user [@stumpf2009 p.2].
The demand for effective communication in the direction from the user to the system in our account goes beyond the requirements a system would have to meet to be considered explainable. Still, one of the underlying theoretical requirements for such an exchange to be possible in the first place is worth to be noted: It must be possible for the user to process the explanation provided by the system in such a way as to be able to point out where the system’s reasoning in producing the prediction and the subsequent explanation was right or wrong. This goes beyond the mere requirement of the explanation being usable and useful, but poses a stronger demand in terms of content, structure, and presentation of the explanation.
Several of these aspects also resonate, for instance, in Bohanec and Bratko’s observation that in the context of explainable AI, simple, though possibly not perfectly accurate definitions of concepts (demanding for the definition to correspond to the concept in a sufficient rather than a perfect manner) may well be more useful than completely accurate, but complex and very detailed ones [@bohanec1994]. Regarding the technical realization of these and similar ideas in an AI system’s architecture, Van de Merckt and Decaestecker [@vandemerckt1995] suggest conceptualizing systems as two-layered, with a deep knowledge level optimized for the actual task the system is supposed to solve, and a shallow knowledge level optimized for comprehensibility, addressing a description task targeting the deep knowledge level’s output. Both levels are connected by an interpretation function from the deep to the shallow knowledge level, allowing one to build an approximately correct but comprehensible description.
Doran et al. [@doran2017] discuss external demands which often are brought forward regarding properties for explainable AI systems, including confidence, trust, safety, ethicality, and fairness. Still, as pointed out in their paper, requirements such as to instill confidence and trust that a system’s output is accurate are deemed problematic due to their subjective nature, either depending on users’ internal attitudes towards AI systems, previous experiences when using these systems, or on cultural and societal norms and standards. Finally, they also also dismiss completeness of explanations as a required trait—and even question the desirability of complete explanations in many scenarios—pointing to the example of a doctor presenting an incomplete explanation to a patient, either taking into account the patient’s limited knowledge of potentially complex biological processes, or sparing her worrisome but ultimately irrelevant details [@doran2017].
Summarizing the current literature, we find at least two main desiderata regarding explanations in the context of AI and automated decision-making. Each of them constitutes a necessary criterion regarding the status of a system’s output as explanation, though none of them is sufficient by itself. First, the explanations a system provides for its reasoning and behavior have to be communicatively effective relative to the system’s user, both in content as well as in presentation (“*communicative effectiveness*”). Users must be capable to understand both the presented explanation, as well as its ramifications, in such a way as to be empowered to subsequently adapt their interactions with the system in a beneficial way. Second, the explanations a system provides must be sufficiently accurate (as opposed to perfectly accurate) relative to the explanans and to the context of the system and its user (“*accuracy sufficiency*”). It might be worth trading off some accuracy for improved comprehensibility of the resulting explanation for the user, supporting the communicative efficiency of the explanation. Based on our previous analysis of what makes a practical explanation, we add another two necessary criteria to the list. Third, the explanations a system provides must be sufficiently truthful (as opposed to perfectly truthful) (“*truth sufficiency*”). On the one hand, a trade-off similar to the accuracy vs. comprehensibility consideration might be required or even desirable, while on the other hand considerations akin to the doctor example from the previous paragraph also might warrant to opt for a not perfectly truthful explanation. Fourth, the explanations a system provides must quit the respective user’s subjective epistemic longing (“*epistemic satisfaction*”). It is not fully sufficient to meet a user’s epistemic needs (which are mostly addressed by the conjunction between the initial two desiderata), but the user also must indeed be under the impression that her search for an explanation has been completed successfully. Taking all four desiderata together, the combination between communicative effectiveness, accuracy sufficiency, truth sufficiency, and epistemic satisfaction of the users for us provides a sufficient characterization of what is needed for an AI system’s output to constitute an effective explanation to its users.
Conclusion {#conc}
==========
Any discussion of the implementation of decision theory into artificial systems or AI research cannot overlook the importance of the role that explanations play in automated decision-making. Due to the “imperfect” nature of human beings when held to the normative standards set by classical models of decision-making, the latter are inadequate for providing decisions which can be explained in real-life contexts. A second factor that contributes to this difficulty is that practical explanation is—contra what many more metaphysically-oriented philosophers have argued—best understood not as an abstract relationship that always holds or never holds between two events or facts, but rather has an epistemic dimension that means what counts as an explanation varies by context. Many things constitute this epistemic dimension, including the knowledge of the person requesting the explanation, the notion of ‘epistemic longing’, and the need for explanations to provide the receiver with the power to act in a way that she would not have otherwise been able to act. Keeping the importance of this epistemic dimension in mind, and looking at previous approaches to constructing explainable AI systems, it turns out that current methods are not sufficient yet. Many efforts have been and are being undertaken to increase the explainability of automated decision systems, with different techniques focusing on different aspects of what constitutes a practical explanation. Still, what is hitherto lacking are clear criteria for explainable AI systems which are conceived in a way so that they can serve as guiding beacons for the corresponding developments in AI theory and engineering. with this article we aim to contribute to closing this gap by putting four candidate desiderata up for discussion: communicative efficiency of the system relative to its users, a sufficient degree of accuracy and a sufficient degree of truthfulness of the provided explanations, and the need to quit a user’s epistemic longing.
Acknowledgments {#acknowledgments .unnumbered}
===============
We would like to thank Lorijn Zaadnoordijk for her feedback and the many conversations on the topic, and Gwen Uckelman for valuable inspiration.
0.2in
[^1]: Many people are good at constructing post-hoc rationalizations of their decisions (especially, but clearly not exclusively, in the case of intuitive, spontaneous and/or “unconscious” decisions), but generally we do not count these rationalizations as adequate explanations.
[^2]: A strict partial order is an order that is irreflexive, asymmetric, and transitive.
[^3]: Those who desire an account of why explanation is a relation can look to [@woodward].
[^4]: Others have attempted to answer this question. For the “events and relations *in the world*”, rather than “items in our epistemic corpus” [@campbell p. 208] answer to the “between what?” question, see [@kim].
[^5]: It might be objected here that the following examples beg the question against Nozick’s argument. The problem is that *Nozick gives no argument*, so it is impossible for us to beg the question against his (non-existent) argument. He presents these features of the relation of explanation as if they are obvious; the putative counterexamples we raise should at least cast some doubt on this.
[^6]: For the “Why is that car red?” example above, these could, for instance, be:
1. In the context of a physics class in school, watching cars drive by on the street.
2. In the context of a police search for a blue car of a certain type with a given number plate, after finding the targeted car which turns out to be red.
3. In the context of a repainting effort in an autoshop, processing an order to convert red cars into blue ones.
4. In the context of a car dealership, selling a red version of a usually blue production model.
5. In the context of a conversation about the new car of a person who usually prefers other colors than red.
[^7]: The definition of the “comprehensible systems” category echoes the same intuitions underlying Michie’s (much older) notions of [*strong*]{} and [*ultra-strong machine learning*]{} [@michie88], cf. §\[desiderata\].
[^8]: An $M$-of-$N$ rule is a classification rule of the form “IF ($M$ of the following $N$ antecedents are true) THEN $\ldots$ ELSE $\ldots$” [@towell1993]. $M$-of-$N$ rules offer a way to succinctly express, for instance, parity problems like the XOR classification problem: “IF (exactly $1$ of the $2$ inputs is true) THEN odd parity ELSE even parity”.
[^9]: As also noted by Wachter et al. [@wachter2017], a small qualification is in place here: If sufficiently simple, pre-defined models are used and are completely specified and known *a priori*, predictions about the rationale of a specific decision become possible in principle already prior to the actual automated decision-making process.
[^10]: An important factor in the success of DL approaches to ML is the capacity of the artificial neural networks to learn their own internal representations for relevant input features, making use of the numerous degrees of freedom offered by the high number of network layers. Still, at the moment there is no method assuring that the content of these internal representations refers to anything humans would recognize as meaningful in their conceptualization of the world. Claimed correspondences between the representation layers of deep networks and human conceptualizations are either accidental or misleading.
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Background {#Sec1}
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The incidence of epilepsy worldwide has been estimated to be between 16 and 51 per 100,000 (age-adjusted) \[[@CR1]\]. Antiepileptic drugs (AEDs) are the mainstay of epilepsy treatment \[[@CR2]\]. AED monotherapy is generally preferred to adjunctive therapy, due to the greater risk of adverse events (AEs) and adverse drug interactions with combination therapy \[[@CR3]\]. Moreover, AED monotherapy is valuable for certain types of patients, including women, the elderly, and those with co-morbid conditions, for whom AED toxicity and drug interactions may have additional consequences \[[@CR4],[@CR5]\]. There is an unmet clinical need for new AEDs that are both effective and well tolerated \[[@CR4]\], for use as monotherapy in the treatment of patients with epilepsy.
Eslicarbazepine acetate (ESL) is an AED; a member of the dibenzazepine family. ESL is structurally different from the other dibenzazepines, carbamazepine (CBZ) and oxcarbazepine (OXC) \[[@CR6]\]. Following oral administration, ESL undergoes first-pass hydrolysis in the liver, being rapidly metabolized to the active metabolite, eslicarbazepine \[[@CR7],[@CR8]\]. Eslicarbazepine inhibits sodium currents by binding to voltage-gated sodium channels (VGSCs) and stabilizing the inactivated state of the channel and, compared with CBZ, shows a higher relative affinity for the inactive versus the resting state of VGSCs \[[@CR9]\]. Eslicarbazepine has an apparent half-life of 13--20 hours in plasma \[[@CR10]\] and 20--24 hours in cerebrospinal fluid \[[@CR11]\], which supports once-daily (QD) dosing.
The efficacy and safety of ESL as adjunctive therapy in adults with partial-onset seizures (POS) is well established \[[@CR12]-[@CR15]\]. ESL (Aptiom®) was approved by the European Medicines Agency in 2009 (as Zebinix®) for adjunctive therapy in adults with POS with or without secondary generalization \[[@CR16]\], and by the US Food and Drug Administration in November 2013 as an adjunctive treatment for POS \[[@CR10]\]. The potential role of ESL as monotherapy for POS has not previously been investigated.
Here we report the results of a phase III clinical trial that evaluated the efficacy and safety of ESL as monotherapy for patients with POS not well controlled by their current AEDs. Efficacy was evaluated by comparison with a historical control group (an approach advocated by French et al., 2010 \[[@CR17]\]). Some previous studies (e.g., for zonisamide and pregabalin) used an active-control non-inferiority design to investigate the efficacy of AEDs as monotherapy \[[@CR18],[@CR19]\]. Such trials allow direct comparison with active treatment, but are susceptible to false positive findings of equivalence \[[@CR20]\] if the placebo response rate is high, or if subjects with unusually low risks of recurrence are recruited. Trials designed to show statistical superiority over a historical control can provide complementary evidence of efficacy. This trial uses an identical protocol to study 045, which was performed in a North American population \[[@CR21]\].
Methods {#Sec2}
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The study (ClinicalTrials.gov identifier: NCT01091662; EudraCT No. 2010-018684-42) was performed between June 2010 and November 2012, and was designed and conducted in accordance with all relevant regulations and guidelines. The protocol was approved by the Institutional Review Board (Copernicus Group IRB) and an independent ethics committee. Written informed consent was obtained from all patients.
Patients {#Sec3}
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Table [1](#Tab1){ref-type="table"} shows the key inclusion and exclusion criteria. Eligible patients were 16 to 70 years of age, with partial epilepsy, as defined by the International League Against Epilepsy \[[@CR22]\], a history of seizures, an electroencephalogram consistent with partial epilepsy, and absence of a progressive structural abnormality, as shown by a computerized tomography or magnetic resonance imaging scan within the previous 10 years. During the 8 weeks prior to screening, patients must have had at least four POS, and no seizure-free period ≥4 weeks in duration. They must also have been receiving stable doses of 1--2 AEDs for 4 weeks prior to screening. Those receiving two AEDs at screening were enrolled if at least one AED was not a sodium channel blocker (phenytoin, CBZ, OXC, lamotrigine) and at least one was not in the upper dose range (more than two-thirds of the defined daily dose; Table [2](#Tab2){ref-type="table"}).Table 1**Patients; inclusion and exclusion criteriaMajor inclusion criteriaMajor exclusion criteria**• Male and female patients aged ≥16 to ≤70 years with partial epilepsy (defined by the International League Against Epilepsy, 1981 \[[@CR19]\]) and a medical history of seizures.• Patients with only simple partial seizures without a motor component.• Presence of generalized seizure syndromes.• Absence of confounding factors (e.g. pseudoseizures, syncope).• History of pseudoseizures.• Documented electroencephalography recording consistent with partial-onset epilepsy and documented computerized tomography or magnetic resonance imaging scan showing absence of a progressive structural abnormality (within 10 years prior to screening).• Current seizures relating to acute medical illness, or seizures secondary to metabolic, toxic or infectious disorder or drug abuse.• ≥4 partial onset seizures 8 weeks prior to screening with no 4-week seizure-free period.• Status epilepticus within 2 years prior to screening.• Treatment with a stable dose of 1--2 AEDs in the 4 weeks prior to screening. In the situation where a patient was receiving two AEDs at screening, the patient was enrolled if:• Seizures only occurring in a cluster pattern. - One of the two AEDs was not one of the following sodium channel blockers: phenytoin, carbamazepine, oxcarbazepine, or lamotrigine; and• Psychiatric history, including major depressive episode within 6 months, active suicidal plan or intent within the past one month, history of suicide attempt, significant psychiatric disorder, or alcohol or substance abuse within 2 years. - The second of the 2 AEDs was not being dosed in the upper dose range (defined as greater than approximately two-thirds of the defined daily dose^\*^).• In elderly patients (65--70 years), no additional/potential health complications.^\*^Defined daily doses of AEDs are shown in Table [2](#Tab2){ref-type="table"}.*AED* = antiepileptic drug.Table 2**Defined daily dose (DDD) for concomitant AEDsAEDApproximately 2/3 DDDAdult DDD**Carbamazepine^\*^700 mg1000 mgEthosuximide800 mg1250 mgFelbamate1600 mg2400 mgGabapentin1200 mg1800 mgLevetiracetam1000 mg1500 mgLamotrigine^\*^200 mg (200 mg with enzyme inducers; 100 mg with valproate)300 mg (400 mg with enzyme inducers; 150 mg with valproate)Lacosamide^†^300 mg200--400 mgOxcarbazepine^\*^700 mg (1000 mg with enzyme inducers)1000 mg (2000 mg with enzyme inducers)Phenobarbital70 mg100 mgPregabalin200 mg300 mgPhenytoin^\*^200 mg300 mgPrimidone800 mg1250 mgTiagabine20 mg (30 mg with enzyme inducers)30 mg (60 mg with enzyme inducers)Topiramate200 mg (300 mg with enzyme inducers)300 mg (600 mg with enzyme inducers)Vigabatrin1400 mg2000 mgValproate1000 mg1500 mgZonisamide140 mg (200 mg with enzyme inducers)200 mg (400 mg with enzyme inducers)Note: The DDD is the assumed average maintenance dose per day for a drug used for its main indication in adults \[[@CR32]\].^\*^Sodium channel blockers; ^†^Adult DDD information from product label.DDD = defined daily dose; AED = antiepileptic drug.
Procedures {#Sec4}
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The study used a "withdrawal to monotherapy" design. The effects of active treatment were compared with those of a virtual placebo historical control group, defined by French et al. \[[@CR17]\]. Use of a historical control (based on the exit rates in eight different monotherapy studies of similar design and duration to the current study, including randomization as done in the original studies) eliminated the need for a placebo group, meaning that all patients received active treatment. Patients were screened at 50 investigational sites (25 US; 25 ex-US). Those who successfully completed screening procedures at 41 investigational sites (18 US and 23 ex-US) entered an 8-week baseline period for assessment of seizure frequency. Patients meeting all inclusion criteria were randomized 2:1 to receive ESL 1600 or 1200 mg QD for 18 weeks. 1200 mg QD was selected as the highest dose to have been shown to be effective and well tolerated in adjunctive trials. Based on evidence with other AEDs used as monotherapy, it was postulated that the higher dose of 1600 mg QD would provide greater efficacy, and would be tolerated in the monotherapy setting. Randomization was performed using an interactive voice-response system to associate each patient with double-blind clinical trial material ('kits') and a randomization number. The randomization list was prepared by a third party using a random number generator, following a permutated-block design (block size = 6). Placebo capsules to match over-encapsulated ESL 400 mg and 600 mg were supplied to maintain the blind.
Patients randomized to 1200 mg ESL QD received 400 mg QD during Week 1 and 800 mg QD during Week 2; those patients randomized to 1600 mg ESL QD received 600 mg QD during Week 1 and 1200 mg QD during Week 2 (Figure [1](#Fig1){ref-type="fig"}). The doses of AEDs being used at baseline were then gradually reduced (by 50% over the next 3 weeks, and to zero over the subsequent 3 weeks). When two AEDs were being taken, both drugs were withdrawn concurrently (Figure [1](#Fig1){ref-type="fig"}). Throughout the 6-week conversion period, and for the next 10 weeks, patients continued to receive their allocated ESL dose (1200 or 1600 mg QD). After the first 3 days of the 1-week taper period, ESL doses were down-titrated from 1200 to 600 mg QD, and from 1600 to 800 mg QD. Patients who completed the first 3 weeks of double-blind treatment, and who subsequently completed, discontinued, or exited for reasons other than safety were eligible to participate in a long-term safety open-label extension study (long-term data will be presented separately).Figure 1**Study design.** Patients randomized to 1600 mg QD of study drug titrated from 600 to 1200 to 1600 mg QD over the 2-week titration period and down-titrated from 1600 to 800 mg QD after 3 days of the start of the 1-week taper period. Patients randomized to 1200 mg QD titrated from 400 to 800 mg to 1200 mg QD over the 2-week titration period and down-titrated from 1200 to 600 mg QD after 3 days of start of taper period. Patients started other AEDs during the taper period. AED = antiepileptic drug; QD = once daily; TiP = titration period; TpP = taper period.
Assessments {#Sec5}
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The patients were evaluated in clinic at baseline, at randomization, and after the start of ESL dosing, at Weeks 1, 2, 5, 8, 11, 14, 18, and 19. Additionally there was telephone contact at Weeks 3, 4, 6, 7, 9, 10, 12, 13, 15, 16, and 17.
### Primary endpoint {#Sec6}
Seizure data were collected using a seizure diary, completed daily by the patients, throughout the study. Investigators reviewed the seizure diaries with the patients during clinic visits, to decide whether or when patients had met one of the five prospectively defined exit criteria (signifying worsening seizure control) before the end of the 16-week study period (shown in Figure [1](#Fig1){ref-type="fig"}): one episode of status epilepticus; one secondary generalized partial seizure (for patients who did not have generalized seizures in the 6 months before screening); a doubling of any consecutive 28-day seizure rate, compared with the highest such rate during the baseline period; a doubling of any consecutive 2-day seizure rate, compared with the highest such rate during the baseline period (or 3 seizures in 2 days, if the highest rate during the baseline period was 1 seizure per 2 days); worsening of seizures, or an increase in seizure frequency considered serious or requiring intervention, as judged by the investigator. The exit criteria were developed on the basis of historical and baseline data. For the two criteria related to doubling of seizure rates, the analysis of the primary endpoint was conducted using seizure rates calculated by the study statisticians. The primary efficacy endpoint, i.e., the exit rate for a treatment arm, is defined as the proportion of patients meeting at least one of the above exit criteria during the 16-week (112-day) study period.
Treatment was considered effective (and the null hypothesis was rejected) if the upper 95% confidence limit (UCL) for the exit rate (estimated using Kaplan--Meier methodology) was below the lower limit of the pre-specified prediction interval (65.3%) calculated from historical controls \[[@CR17]\].
### Secondary endpoints {#Sec7}
The key secondary endpoint was the seizure-free rate (%) during the 10-week monotherapy period. Additional secondary endpoints included: seizure-free rate during the last 4 weeks on ESL monotherapy; completion rate (patients completing 18 weeks of double-blind treatment \[%\]); completion rate for the 10-week monotherapy period (%); change in standardized seizure frequency (between the baseline period and the 18-week double-blind period or the 10-week monotherapy period); responder rate (proportion of patients with ≥50% reduction in seizure frequency, between the baseline period and the double-blind period or the monotherapy period); change in standardized seizure frequency by seizure type (between the baseline and monotherapy periods); responder rate by seizure type; change from baseline in Quality Of Life In Epilepsy (QOLIE-31) scores; change from baseline in Montgomery--Asberg Depression Rating Scale (MADRS) scores (for all patients, and for patients with a MADRS score ≥14 at randomization).
### Safety and tolerability {#Sec8}
AE reports were collected from patients at each clinic visit, from the time they provided informed consent, to the end of the study. AEs were coded according to their respective system organ class and preferred term using Medical Dictionary for Regulatory Activities (MedDRA) version 13.1. The occurrence and intensity (mild, moderate, or severe) of AEs were recorded by the investigators. Serious AEs were reported separately; classification of AEs as "serious" was at the judgment of the investigator. Treatment-emergent AEs (TEAEs) were defined as those AEs that occurred on or after the first dose of the study drug. Summary statistics for TEAEs were calculated for each study period (titration, AED conversion and ESL monotherapy periods) for both treatment groups and overall.
Statistical analyses {#Sec9}
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For the primary efficacy endpoint (exits based on seizure criteria), a sequential testing procedure for type 1 error control was pre-specified and implemented. The first comparison was for the ESL 1600 mg group versus historical control, followed by the ESL 1200 mg group versus historical control and then a comparison between the two groups via log-rank testing. French et al. \[[@CR17]\] calculated a 95% prediction interval based on the exit rates reported in historical trials. The lower bound of the prediction interval for a single study is an exit rate of 65.3% at 112 days \[[@CR17]\]. Thus, if the 95% UCL for a treatment group was \<65.3%, then the null hypothesis (that the exit rate for the test group equals the combined exit rate derived from the historical controls) could be rejected. The exit rate was estimated using Kaplan--Meier methods, using the time to exit observed for each patient.
Patients were censored if they withdrew from the study for reasons other than meeting the exit criteria, or if they completed 112 days of treatment without meeting the exit criteria. The censor rate for early withdrawal reported in historical control trials was \~10%. Consequently, the protocol specified that if the withdrawal rate for reasons other than meeting exit criteria exceeded 10%, the additional withdrawals would be reassigned as exits through random sampling. A secondary analysis of the primary endpoint was performed, in which censored patients were not reassigned as exits, even if the dropout rate was \>10%.
An analysis of the exit rate was also performed, according to use of AEDs at baseline (for AEDs used in ≥20% of patients), using the same method as above. The potential effects of covariates on exit rate were assessed using Cox proportional hazards regression models.
The statistical analyses of the secondary efficacy endpoints and safety endpoints are described in the Additional file [1](#MOESM1){ref-type="media"}: Appendix S1. All statistical procedures were performed using SAS version 9.2 or higher. All statistical tests were two-sided, and the type I error rate was fixed at 0.05.
### Determination of sample size {#Sec10}
Patients were randomized in a 2:1 ratio to either ESL 1600 or 1200 mg QD. The exit rate is assumed to be 54% for the 1600 mg QD arm, corresponding to a weekly hazard rate of 4.85%. This exit rate represents a 39% reduction in the exit hazard rate based on the lower end of the 80% prediction interval established for replication in two clinical studies (72.2%; weekly hazard rate of 8%) and a 20% reduction in the exit hazard rate based on the lower end of the 95% prediction interval established for a single clinical study (65.3%; weekly hazard rate of 6.62%). For \~114 patients randomized to ESL 1600 mg, and assuming a 10% discontinuation rate without observed exit events, there was ≥95% chance that the UCL for the observed exit rate would fall below 72.2%, and a 70% chance that the UCL would fall below 65.3%. Assuming an early dropout rate of 20%, \~200 patients were required to enter the baseline period to achieve a minimum of 171 randomized patients. Fewer patients were enrolled at 1200 mg, as the lower dose arm was included for blinding purposes, and to assess the possibility of a dose--response relationship (although the study was not adequately powered to detect a statistical difference between doses).
### Study populations {#Sec11}
The intention-to-treat (ITT) population consisted of all randomized patients who received at least one dose of the study drug; the ITT population was used to evaluate patient disposition, baseline demographics and characteristics, and safety outcomes. Primary and secondary efficacy analyses were based on the efficacy (EFF) population (all ITT patients who entered the AED conversion period). An additional analysis of the primary efficacy endpoint was conducted for the per-protocol population (patients in the EFF population without important protocol deviations).
Results {#Sec12}
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Patient demographics and baseline characteristics {#Sec13}
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Overall, the ITT population included almost equal proportions of males and females (Table [3](#Tab3){ref-type="table"}). Their median age was 36.5 years; the majority were white (93.0%) and living outside the US (75.0%). A small minority (4.7%) were Hispanic or Latino. At study entry, most patients (64.5%) were receiving one AED. CBZ and valproic acid were the most commonly used AEDs during the baseline period (by ≥20% of patients; Additional file [1](#MOESM1){ref-type="media"}: Table S1). Benzodiazepines were used intermittently (emergency use) by 1.7% of patients taking ESL 1200 mg and 2.6% of patients taking ESL 1600 mg. During the baseline period, the mean maximum 2-day seizure rate was 2.4 and the mean maximum 28-day seizure rate was 10.5. Demographics and baseline characteristics of the EFF and per-protocol populations were comparable to that of the ITT population (data not shown).Table 3**Demographic and clinical characteristics of the ITT population** ^**\***^**CharacteristicESL 1200 mgESL 1600 mgTotal(n = 58)(n = 114)(n = 172)**Age, years; median (range)37.0 (16--60)35.5 (16--65)36.5 (16--65)Gender, male; n (%)31 (53.4)52 (45.6)83 (48.3)Race; n (%) White53 (91.4)107 (93.9)160 (93.0) Black or African American5 (8.6)1 (0.9)6 (3.5) Other06 (5.3)6 (3.5)Region; n (%) US15 (25.9)28 (24.6)43 (25.0) Non-US43 (74.1)86 (75.4)129 (75.0)BMI, kg/m^2^; median (range)25.6 (17--59)24.3 (17--51)24.7 (17--59)Maximum consecutive 2-day baseline seizure rate Mean ± SD2.2 ± 1.842.5 ± 1.462.4 ± 1.60Maximum consecutive 28-day baseline seizure rate Mean ± SD9.2 ± 6.7211.1 ± 7.9410.5 ± 7.59Baseline AEDs used by ≥20% patients^†^; n (%) Carbamazepine22 (37.9)27 (23.7)49 (28.5) Valproic acid^‡^12 (20.7)39 (34.2)51 (29.7)Number of AEDs at baseline^†^; n (%) 141 (70.7)70 (61.4)111 (64.5) 217 (29.3)44 (38.6)61 (35.5)^\*^At entry to the baseline period.^†^An AED was considered to be used at baseline if it was started at any time prior to first dose of study drug and continued into the titration period.^‡^Includes all forms of valproic acid (ergenyl chrono, valproate semisodium, valproate sodium and valproic acid).Note: Percentages are calculated based on the number of patients with non-missing data in the ITT population in each column.*ITT* = intention-to-treat; *ESL* = eslicarbazepine acetate; *US* = United States; *BMI* = body mass index; *SD* = standard deviation; *AED* = antiepileptic drug.
Treatment groups were generally well balanced in terms of demographics and baseline characteristics (Table [3](#Tab3){ref-type="table"}), but there was a greater proportion of Black/African-American patients in the ESL 1200 mg group (8.6%) than in the ESL 1600 mg group (0.9%).
Patient disposition and adherence to study drug {#Sec14}
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Of the 274 patients screened, 172 were randomized to study treatment and began the titration period (the ITT population; Figure [2](#Fig2){ref-type="fig"}). Eighteen patients discontinued during ESL titration (ESL 1200 mg, n = 4; ESL 1600 mg, n = 14), and consequently, 154 patients began the conversion to monotherapy (AED conversion) period (the EFF population). Nineteen patients discontinued during the conversion period (ESL 1200 mg, n = 7; ESL 1600 mg, n = 12). One patient who met an exit criterion during the conversion period was discontinued from the study, but then attended two further visits, so was also counted as having entered the monotherapy period, producing a total of 136 patients entering the monotherapy period. A total of 121 patients completed the monotherapy period (6 patients discontinued from the ESL 1200 mg group and 8 from the ESL 1600 mg group).Figure 2**Patient flowchart**. ^\*^One patient met an exit criterion during the AED conversion period and was discontinued from the study, but returned for the subsequent visits 6 and 7, and so was also counted as having entered the monotherapy period. AE = adverse event; ITT = intention-to-treat; ESL = eslicarbazepine acetate; AED = antiepileptic drug.
During the double-blind period, 90% of patients had 80--120% adherence to the study drug, as evaluated by pill counts.
Efficacy {#Sec15}
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### Primary endpoint {#Sec16}
During the 16 week study period, 19 patients (12.3%) met one of the five predefined exit criteria (ESL 1600 mg, n = 12; 1200 mg, n = 7). Patients either met the exit criteria during the AED conversion period (n = 9) or the monotherapy period (n = 10); one patient who met an exit criterion during the titration period was not included in the efficacy analysis. One patient who dropped out was reassigned as an exit in the ESL 1200 mg arm. The Kaplan--Meier-estimated exit rate was 12.8% \[95% CI 7.5--21.5%\] for ESL 1600 mg and 15.6% \[8.1--28.7%\] for ESL 1200 mg (Figure [3](#Fig3){ref-type="fig"}). Thus the UCLs for the Kaplan--Meier exit rates (1600 mg, 21.5%; ESL 1200 mg, 28.7%) were both below the 65.3% threshold calculated from the historical controls (Figure [4](#Fig4){ref-type="fig"}), demonstrating that the exit rates for the two ESL doses were significantly lower (signifying fewer seizure exits) than those observed for the historical controls. The exit rates were similar for both ESL dose groups (log-rank test between dose groups, p = 0.633), although the study was not powered to detect a difference between doses.Figure 3**Kaplan--Meier plot of time to exit (EFF population).** EFF = efficacy; ESL = eslicarbazepine acetate; QD = once-daily.Figure 4**Kaplan--Meier estimates of exit rate at 112 days (EFF population).** EFF = efficacy; CI = confidence interval; ESL = eslicarbazepine acetate.
The primary efficacy endpoint was also evaluated for the per-protocol population, and the results were consistent with those for the EFF population; the Kaplan--Meier-estimated exit rate was 10.9% \[95% CI 5.6--20.5%\] for ESL 1600 mg and 12.8% \[6.0--26.3%\] for ESL 1200 mg. Again, although the study was not powered to detect a difference between ESL doses, the exit rates were similar for both dose groups (p = 0.723).
### Secondary analyses of the primary endpoint {#Sec17}
In a secondary analysis of the primary efficacy endpoint (without reassignment of 'non-exit withdrawals' as exits), the Kaplan--Meier-estimated exit rates were 12.8% \[95% CI 7.5--21.5%\] and 13.6% \[6.7--26.5%\] for ESL 1600 and 1200 mg, respectively. The difference in exit rates between ESL dose groups was not statistically significant (p = 0.861).
A total of 44 patients (EFF population) were taking CBZ during the baseline period (ESL 1200 mg, n = 21; 1600 mg, n = 23), while 46 patients were taking valproic acid (ESL 1200 mg, n = 12; 1600 mg, n = 34). The Kaplan--Meier-estimated exit rates for patients taking CBZ at baseline (ESL 1200 mg, 29.3% \[95% CI 14.3--54.0%\]; ESL 1600 mg, 17.4% \[6.9--39.9%\]) were numerically higher than for those not taking CBZ (ESL 1200 mg, 6.5% \[1.7--23.4%\]; ESL 1600 mg, 12.8% \[6.9--23.1%\]; Figure [5](#Fig5){ref-type="fig"}). In contrast, the Kaplan--Meier-estimated exit rates for patients taking valproic acid at baseline (ESL 1200 mg, 8.3% \[1.2--46.1%\]; ESL 1600 mg, 11.8% \[4.6--28.4%\]) were lower than for those not taking valproic acid (ESL 1200 mg, 20.3% \[10.7--36.6%\]; ESL 1600 mg, 16.3% \[9.1--28.2%\]; Figure [5](#Fig5){ref-type="fig"}). Irrespective of CBZ and valproic acid use during the baseline period, the UCLs for the Kaplan--Meier-estimated exit rates for both ESL dose groups were below the 65.3% threshold (calculated from the historical controls).Figure 5**Kaplan--Meier estimates of exit rate at 112 days with/without carbamazepine and valproic acid (EFF population).** EFF = efficacy; CI = confidence interval; ESL = eslicarbazepine acetate.
The effects of covariates were assessed using a Cox proportional hazards regression model. The adjusted exit rates changed minimally when adjusted for baseline seizure frequency, age, number of overall AEDs, and number of background AEDs used at baseline.
### Secondary endpoints {#Sec18}
Four patients (7.4% \[95% CI 2.1--17.9%\]) on ESL 1200 mg and 10 (10% \[4.9--17.6%\]) on ESL 1600 mg were seizure free during the 10-week monotherapy period, while seizure-free rates during the last 4 weeks of monotherapy were 16.7% \[95% CI 7.9--29.3%\] for ESL 1200 mg and 17% \[10.2--25.8%\] for ESL 1600 mg. Completion rates for the 18-week double-blind treatment period were 75.9% \[95% CI 62.4--86.5%\] for ESL 1200 mg and 80% \[70.8--87.3%\] for ESL 1600 mg, and for the 10-week monotherapy period were 85.4% \[95% CI 72.2--93.9%\] for ESL 1200 mg and 90.9% \[82.9--96.0%\] for ESL 1600 mg.
Seizure frequency was calculated as the standardized seizure frequency per 28 days. The median reduction in standardized seizure frequency between the baseline period and the 18-week double-blind period was 36.1% for ESL 1200 mg and 47.5% for ESL 1600 mg; \>80% of patients treated with ESL had fewer seizures during the 18-week double-blind period, compared with the baseline period. The difference between the ESL dose groups was not significant (p = 0.563). The median reduction in standardized seizure frequency between the baseline period and the monotherapy period was 45.7% for ESL 1200 mg and 52.1% for ESL 1600 mg (Table [4](#Tab4){ref-type="table"}). Responder rates (% patients with ≥50% reduction in seizure frequency versus baseline) for ESL 1200 and 1600 mg were 35.2% \[95% CI 22.7--49.4%\] and 46.0% \[36.0--56.3%\] for the double-blind period and 38.9% \[29.5--58.8%\] and 46.0% \[41.4--63.0%\] for the monotherapy period, respectively (Table [4](#Tab4){ref-type="table"}).Table 4**Percentage change from baseline in standardized seizure frequency during the monotherapy and double-blind periods, and responder rate by study period (EFF population)Study periodESL 1200 mg (n = 54)ESL 1600 mg (n = 100)**% change in SSF from baseline for the 10-week monotherapy period Mean ± SD−42.3 ± 42.48−39.2 ± 57.93 Median−45.7−52.1% change in SFF from baseline for the 18-week double-blind period Mean ± SD−33.0 ± 43.33−37.3 ± 46.26 Median−36.1−47.5Responder rate Titration period; n (%) \[95% CI\]16 (29.6%) \[18.0--43.6%\]37 (37.0%) \[27.6--47.2%\] AED conversion period; n (%) \[95% CI\]16 (29.6%) \[18.0--43.6%\]39 (39.0%) \[29.4--49.3%\] Monotherapy period; n (%) \[95% CI\]21 (38.9%) \[29.5--58.8%\]46 (46.0%) \[41.4--63.0%\] Double-blind period; n (%) \[95% CI\]19 (35.2%) \[22.7--49.4%\]46 (46.0%) \[36.0--56.3%\]Responder rate was defined as percentage of patients with a ≥50% reduction in seizure frequency from baseline. Percentages of responders and 95% CIs are based on the number of patients with post-baseline seizure data.*EFF* = efficacy; *ESL* = eslicarbazepine acetate; *SSF* = standardized seizure frequency (seizure frequency is standardized to a 28-day frequency); *SD* = standard deviation; *CI* = confidence interval; *AED* = antiepileptic drug.
With the exception of nine patients with simple partial seizures without motor symptoms, patients with all other seizure types had reductions in standardized seizure frequency of between 39% and 80% (between the baseline and monotherapy periods; Table [5](#Tab5){ref-type="table"}). Responder rates during the monotherapy period were 41--73% for all seizure types (again, except for the patients with simple partial seizures without motor symptoms).Table 5**Percentage change from baseline in standardized seizure frequency, and responder rate by seizure type during the monotherapy period (EFF population)nMedian change from baseline (%)Responder rate (%)** ^**\***^**ESL 1200 mgESL 1600 mgESL 1200 mgESL 1600 mgESL 1200 mgESL 1600 mg**Simple partial without motor2722.4−100.0085.7Simple partial with motor1734−38.5−52.041.252.9Complex partial3053−70.9−49.866.749.1Partial evolving to secondary generalized1633−51.3−79.750.072.7^\*^Patients with ≥50% reduction; calculated as percentage of patients in ESL dose group.*EFF* = efficacy; *ESL* = eslicarbazepine acetate.
Treatment with ESL was associated with an increase in total QOLIE-31 scores between baseline and the end of the monotherapy period (by 4.0 ± 11.5 points with ESL 1200 mg, and by 4.7 ± 13.7 points with ESL 1600 mg), and a reduction in total MADRS scores (by 1.6 ± 4.5 points with ESL 1600 mg; unchanged \[±6.5\] with ESL 1200 mg). More marked reductions were apparent in patients with MADRS scores ≥14 at baseline (4.1 ± 7.6 points with ESL 1600 mg; 6.1 ± 6.7 points with ESL 1200 mg).
Safety {#Sec19}
------
Overall, 116 patients (67%) reported ≥1 TEAE during the study (60% in the ESL 1200 mg group and 71% in the ESL 1600 mg group). Among patients who had ≥1 TEAE (n = 116), 78% reported a TEAE that was considered potentially related to the study drug (less frequent for ESL 1200 mg \[66%\] than ESL 1600 mg \[83%\]). The most commonly reported TEAEs were headache (25% of patients), dizziness (17%), nasopharyngitis (8%), nausea (8%), somnolence (7%), fatigue (6%) and back pain (5%) (Table [6](#Tab6){ref-type="table"}). A greater proportion of patients reported TEAEs during the titration period (42%) than the AED conversion period (37%) and the monotherapy period (38%). The most common TEAEs reported during the monotherapy period (in ≥2% of patients) were headache (12%), back pain and nausea (both 4%), influenza, nasopharyngitis, complex partial seizures, and dizziness (2% each).Table 6**TEAEs affecting ≥5% of patients in any ESL dose group (ITT population, all periods)TEAE; n (%)ESL 1200 mg (n = 58)ESL 1600 mg (n = 114)Total (n = 172)**Headache11 (19.0)32 (28.1)43 (25.0)Dizziness6 (10.3)24 (21.1)30 (17.4)Nasopharyngitis4 (6.9)9 (7.9)13 (7.6)Nausea6 (10.3)7 (6.1)13 (7.6)Somnolence2 (3.4)10 (8.8)12 (7.0)Fatigue4 (6.9)6 (5.3)10 (5.8)Back pain3 (5.2)6 (5.3)9 (5.2)Insomnia4 (6.9)3 (2.6)7 (4.1)Complex partial seizures1 (1.7)6 (5.3)7 (4.1)Influenza3 (5.2)1 (0.9)4 (2.3)Anxiety3 (5.2)1 (0.9)4 (2.3)*TEAE* = treatment-emergent adverse event; *ESL* = eslicarbazepine acetate; *ITT* = intention-to-treat.
Most TEAEs reported during the study were mild or moderate in severity. Overall, 64 patients (37%) reported ≥1 TEAE of mild intensity, and 48 (28%) reported ≥1 TEAE of moderate intensity. During the AED conversion and monotherapy periods, severe TEAEs were reported by four patients (3.5% of the ESL 1600 mg group, 2.3% of the total). Eight patients on ESL 1600 mg (7.0%) and one on ESL 1200 mg (1.7%) reported a treatment-emergent serious AE; none were fatal. The single serious AE reported for ESL 1200 mg was atrial flutter (which occurred prior to dosing with ESL), while the ten serious AEs reported for ESL 1600 mg (by eight patients) were: ankle fracture; post-concussion syndrome; tibia fracture; hyponatremia; complex partial seizures; partial seizures with secondary generalization; syncope; spontaneous abortion; drug rash with eosinophilia and systemic symptoms (DRESS); and pruritic rash (1 event in 1 patient each). Most serious AEs occurred during the AED conversion period (2.3% of all patients). There were no deaths during the 18-week double-blind period. One patient died due to a convulsion during the baseline period, before receiving study drug.
Overall, 16 patients (9%) discontinued the study due to a TEAE (3% on ESL 1200 mg versus 12% on ESL 1600 mg). Thirteen patients (8%) discontinued due to TEAE that was potentially related to ESL. The most common TEAEs leading to study discontinuation were complex partial seizures (2.3%) and pruritic rash (1.2%). More TEAEs leading to discontinuation were reported during the titration period (5%) than the AED conversion period (2%) and the monotherapy period (2%). The frequency of dose reductions due to TEAEs was similar between the ESL 1200 mg group (5%) and the ESL 1600 mg group (4%); dose reductions occurred only during the AED conversion period.
Most clinical laboratory parameters were comparable between treatment groups. Decreased plasma sodium (125--135 mEq/L) was noted in 75% and 58% of patients on ESL 1600 and 1200 mg, respectively; no patients had plasma sodium \<125 mEq/L. 15% of patients had a reduction in plasma sodium ≥10 mEq/L from baseline at some time during the 18-week double-blind period. There were no clinically relevant changes in vital signs, no orthostatic effects, no significant abnormalities in physical and neurological examinations in either treatment group, and no clinically significant electrocardiogram findings. Suicidality (assessed using the Columbia Suicide Severity Rating Scale \[C-SSRS\] questionnaire) was reported post baseline in 3% of the ESL 1600 mg group and 3% of the ESL 1200 mg group. Suicidality was not reported as a TEAE.
Discussion {#Sec20}
==========
The current study met its primary efficacy endpoint (the proportion of patients who exited the study on meeting at least one exit criterion, e.g., due to poor seizure control) by demonstrating that the exit rates for patients who converted to ESL monotherapy (both dose levels) were \<16% and were statistically lower than the exit rates in the pseudo-placebo arms of the historical control trials. Thus, the efficacy of ESL monotherapy (1600 and 1200 mg QD) for seizure control was demonstrated to be superior to the historical control.
Exit rates for patients who took CBZ during the baseline period were numerically higher than for those not taking CBZ. In their analysis of eight study cohorts, French et al. \[[@CR17]\] found that withdrawal from CBZ did not significantly increase the likelihood of exiting a trial, but increased the hazard rate of exiting by 8.0% \[95% CI --19.4, 35.4%\]. In the current trial, both patient subgroups (CBZ users and non-users) had exit rates that were significantly different from the 65.3% threshold. It should be noted, however, that this threshold was computed for the total historical group, including both users and non-users of CBZ \[[@CR17]\]. In the current trial, exit rates for patients receiving valproic acid at baseline were numerically lower than for patients not receiving valproic acid as a baseline AED.
There was a reduction in standardized seizure frequency (in both ESL dose groups) from baseline across different seizure types; due to the small sample size for patients with simple partial seizures without motor symptoms, it was not possible to draw conclusions about the efficacy of ESL for this type of seizure.
The improvements observed with ESL in several of the secondary efficacy endpoints (proportion of seizure-free patients during monotherapy; reduction in standardized seizure frequency; responder rate) are consistent with the suggestion that ESL monotherapy is a potential treatment option for patients with POS.
A 4-point improvement in QOLIE-31 score occurred in both ESL treatment groups, suggesting that patients perceived some improvement in their quality of life. However, according to Borghs et al. \[[@CR23]\], the minimum clinically relevant improvement in QOLIE-31 score is a 5-point improvement, which indicates that the improvement in QOLIE-31 that occurred during the current trial may not be clinically relevant. A longer period of observation may be required to identify changes in quality of life. In contrast, the improvement in depressive symptoms during treatment with ESL 1600 mg (as indicated by a 1.6-point reduction in MADRS score) does appear to be clinically relevant, being comparable to the minimal clinically important difference (a 1.6--1.9 point improvement) described by Duru and Fantino \[[@CR24]\]. In patients with at least mild depressive symptoms at baseline (MADRS scores ≥14), clinically important differences in MADRS scores were seen in both ESL treatment groups.
The majority of patients (\>75%) completed the 10-week monotherapy period and the total (18-week) study period, indicating that ESL monotherapy was well tolerated. Compared with the safety profile of ESL determined in the earlier adjunctive trials, no new safety issues were raised during the current trial, and the AEs observed were consistent with the previously reported safety profile of ESL \[[@CR10]\]. The most commonly reported TEAEs were headache and dizziness, of mild to moderate severity. TEAEs were reported more frequently by patients on ESL 1600 mg than by those on ESL 1200 mg. Severe TEAEs were only reported for the ESL 1600 mg dose group, during the AED conversion and monotherapy periods. Serious AEs were mostly reported for the 1600 mg ESL group; the incidence of serious AEs was low during the monotherapy period. The TEAEs that most often led to study discontinuation were complex partial seizures and pruritic rash (incidence \<2.5% each). There were no treatment-emergent deaths.
This study adopted the "historical control withdrawal to monotherapy design" described by French et al. \[[@CR17]\] to evaluate the safety and efficacy of ESL monotherapy in adults with POS not well controlled by one or two AEDs. The use of a historical control is a potential limitation of this study. The historical control withdrawal to monotherapy study design is regarded as ethical and reliable for investigating the efficacy of AEDs in the monotherapy setting \[[@CR17]\]. The fact that the design, patient population, evaluation criteria, and analysis plan of the current study are comparable to those of the historical control studies means that it is justifiable to compare the respective exit rates \[[@CR25]\]. One factor that may have influenced the results is that the proportion of patients taking CBZ at baseline in this study was lower (28.6% overall) than in the historical control trials (see Additional file [1](#MOESM1){ref-type="media"}: Table S2). As patients who have converted from CBZ-based therapy have been shown to exhibit higher exit rates than others, this might contribute to the differences in overall exit rates between the current trial and the historical control. The use of historical controls could have influenced the study outcome, because all patients would have been aware that they were receiving active treatment. However, this was also the case for the historical comparator trials (which used a "pseudo-placebo" comparator). Moreover, the influence of this effect should be minimized by the blinded randomization to the two dose arms used in this study. Previous studies have indicated that patients can experience a 'honeymoon period' when beginning with a new AED; patients may show initial improvement, but may become resistant on exposure to prolonged treatment \[[@CR26],[@CR27]\]. This is often due to pharmacokinetic or pharmacodynamic tolerance \[[@CR28]\]. The duration of the current trial exceeded the estimated 'honeymoon period' (51--82 days with levetiracetam \[[@CR27]\]), and was therefore of sufficient duration to detect any similar tolerance with ESL. A long-term open-label extension study is underway, with the objective of evaluating whether the efficacy and safety of ESL monotherapy is maintained during long-term use.
Other recent epilepsy studies have used this approach to investigate the use of AEDs as monotherapy (levetiracetam XR 2000 mg QD \[[@CR29]\]; lamotrigine XR 300 and 250 mg QD \[[@CR25]\]; lacosamide 300 and 400 mg/day \[[@CR30]\]; pregabalin 600 mg/day \[[@CR31]\]). All these studies recruited patients from a mix of US and ex-US populations, as did the current study, whereas the eight studies comprising the historical control \[[@CR17]\] were recruited exclusively from North America. It is unclear whether this had an important influence on the study results. It should also be noted that there are subtle but potentially important differences among these trials. The current study used a stringent definition of the primary endpoint. First, once the withdrawal rate had exceeded 10%, further withdrawals were reassigned as seizure exits by random sampling. Second, information from the seizure diaries was used to evaluate seizure rate, and patients whose rate at least doubled between baseline and the 16-week study period were also reassigned as seizure exits (if the investigator had not already done so). This was not done in the levetiracetam XR, lamotrigine XR, lacosamide or pregabalin trials. The lamotrigine XR trial excluded patients using CBZ as a baseline medication, when CBZ is known to affect the exit rate in studies of this design. Therefore caution must be used when comparing exit rates among these studies. Two conversion to monotherapy trials of brivaracetam (ClinicalTrials.gov identifiers: NCT00698581 and NCT00699283) using historical controls were terminated after an interim analysis demonstrated trial futility.
A second trial (study 045) examining the efficacy and safety of ESL has been performed in a 100% North American population \[[@CR21]\], using an identical protocol. The efficacy of ESL monotherapy for seizure control in study 045 was also found to be superior to historical controls. However, the Kaplan--Meier-estimated exit rates in study 045 were higher (1600 mg: 28.7% \[95% CI 21.2--38.1%\]; 1200 mg: 44.4% \[32.5--58.3%\]) than the rates observed in this study, potentially due to the difference in study populations.
Conclusions {#Sec21}
===========
The results of this phase III study demonstrate that ESL monotherapy, following conversion from other adjunctive AEDs, was effective based on comparison with a historical control. Additionally, during ESL monotherapy a substantial fraction of patients experienced a reduction in seizure frequency compared with baseline. The relatively high completion rate and the side effect profile of ESL at doses of 1200 and 1600 mg QD indicate that ESL was efficacious and well tolerated when used as monotherapy.
Additional file {#Sec22}
===============
Additional file 1: Table S1.Baseline AEDs (EFF population). **Table S2.** Demographic and clinical characteristics of patients in the trials comprising the historical control. **Appendix S1.** Statistical analyses. **Appendix S2.** The Study 046 team.
AE
: Adverse event
AED
: Antiepileptic drug
CBZ
: Carbamazepine
CI
: Confidence interval
C-SSRS
: Columbia Suicide Severity Rating Scale
DRESS
: Drug rash with eosinophilia and systemic symptoms
EFF
: Efficacy
ESL
: Eslicarbazepine acetate
ITT
: Intention-to-treat
MADRS
: Montgomery--Asberg Depression Rating Scale
MedDRA
: Medical Dictionary for Regulatory Activities
OXC
: Oxcarbazepine
POS
: Partial-onset seizures
QD
: Once daily
QOLIE-31
: Quality of Life in Epilepsy -- 31 item inventory
TEAE
: Treatment-emergent adverse event
UCL
: Upper 95% confidence limit
VGSC
: Voltage-gated sodium channel
**Competing interests**
MJ was/is a consultant for Sunovion Pharmaceuticals Inc. LP has received research support from Sunovion Pharmaceuticals Inc. PB has no competing interests to declare. TG, HC and DB are full-time employees of Sunovion Pharmaceuticals Inc.
**Authors' contributions**
LP, HC, TG and DB have made substantial contributions to both the conception and design of the study, and the acquisition, analysis and interpretation of data. MJ and PB substantially contributed to the analysis and interpretation of data. HC carried out the statistical analysis presented in this paper. MJ, LP, PB, TG and DB were involved in the supervision of the study. TG and DB were involved in obtaining funding for the study. All authors contributed towards the development of the manuscript and approved the final version for submission to BMC Neurology.
This study was supported by Sunovion Pharmaceuticals Inc., Marlborough, Massachusetts, U.S.A. The authors acknowledge the writing assistance of Mallory Gough PhD of FireKite, an Ashfield business, part of UDG Healthcare plc, for support in drafting this manuscript. Medical writing support was funded by Sunovion Pharmaceuticals Inc., Marlborough, MA, United States.
|
{
"pile_set_name": "PubMed Central"
}
|
VEGF pathway inhibition by anticancer agent sunitinib and susceptibility to atherosclerosis plaque disruption.
Patients treated with anti-VEGF agents are at increased risk for arterial thrombo-embolic events (ATEs). However, the pathophysiology of such acute vascular complications remains unclear. We report on a case of bowel infarction in a renal cancer patient treated with the anti-VEGF agent sunitinib. An abdominal CT-scan evidenced the rupture of an atherosclerotic plaque located at the emergence of the superior mesenteric artery. In view of this report, we suggest that evaluation of the risk of ATE in patients receiving anti-VEGF agents should include not only age and past history of ATE as suggested by previous studies, but also assessment of atherosclerotic lesions on CT-scan.
|
{
"pile_set_name": "PubMed Abstracts"
}
|
Shipwire in the News
Internet Retailer, May 4, 2010
It’s not just sites like Amazon.com and eBay.com that are doing business overseas, a new study from order fulfillment provider Shipwire reports. More small- and medium-sized merchants are doing business abroad… International orders for the small and medium-sized merchants that do less than $100 million in annual sales and use Shipwire’s services grew 11 percentage points from 9% in 2008 to reach 20% of total shipped orders in 2009, Shipwire reports. Read more. | PDF version.
|
{
"pile_set_name": "Pile-CC"
}
|
In a memory, e.g., a flash memory, sometimes the voltage level of a word line needs to be boosted to a level higher than a power supply voltage VCC in order to compensate for the variation of a memory cell current due to process limitations and also to more efficiently complete a function, e.g., a read function. Once the word line voltage is boosted, some circuits use a continuous charge pump operation to sustain the boosted voltage level by continuously supplying current. However, continuous charge pump operation results in extra power consumption.
|
{
"pile_set_name": "USPTO Backgrounds"
}
|
Pharmaceutical products are sometimes the subject of abuse. For example, a particular dose of opioid agonist may be more potent when administered parenterally as compared to the same dose administered orally. Some formulations can be tampered with to provide the opioid agonist contained therein for illicit use. Controlled release opioid agonist formulations are sometimes crushed, or subject to extraction with solvents (e.g., ethanol) by drug abusers to provide the opioid contained therein for immediate release upon oral or parenteral administration.
Controlled release opioid agonist dosage forms which can liberate a portion of the opioid upon exposure to ethanol, can also result in a patient receiving the dose more rapidly than intended if a patient disregards instructions for use and concomitantly uses alcohol with the dosage form.
There continues to exist a need in the art for pharmaceutical oral dosage forms comprising an opioid agonist without significantly changed opioid release properties when in contact with alcohol and/or with resistance to crushing.
|
{
"pile_set_name": "USPTO Backgrounds"
}
|
Q:
Updating the Domain in Forms Authentication Cookie
I have an inherited application (let's call it app.mydomain.com) that I'm trying to update the domain in the cookie that gets set via the web.config. Currently, its something like this:
<authetication mode="Forms">
<forms loginUrl="~/" timeout="2880" cookieless="UseCookies" domain=".mydomain.com"/>
</authentication>
There is separate application at app2.mydomain.com also using forms authentication, and the cookie from the app.mydomain.com conflicts with it. The app2.mydomain.com correctly references the full domain in its forms authentication block so it works fine as long as the app.mydomain.com cookie isn't around. My plan was to simply change the .mydomain.com reference in the web.config to app.mydomain.com to resolve this conflict.
My question is how does that existing cookie on app.mydomain.com behave once that web.config is updated in production? Does it overwrite the existing cookie as it sees this update? Does the existing cookie stick around and have to be flushed out before the new one will take effect? Thanks in advance.
A:
So I ended up approaching this a bit differently. It hadn't occurred to me, but it was setup this way to accommodate the app and api being on different subdomains. By setting it to .mydomain, both could access the authentication cookie. When I removed the domain attribute, I was able to login but threw me back to login right away. So I ended up keeping this application using this format (.mydomain), then changed the second application to use it as well. This allows for one login sets credentials that are accessible to both applications. I was just trying to resolve the cookie conflict, but this is even better.
|
{
"pile_set_name": "StackExchange"
}
|
Label-free electrochemiluminescent enantioselective sensor for distinguishing between chiral metallosupramolecular complexes.
Chiral molecular recognition of DNA is important for rational drug design and for developing structural probes of DNA conformation. Developing a convenient and inexpensive assay for sensitive and selective identification of DNA-specific binding compounds with rapid, easy manipulation is in ever-increasing demand. Here, we present a "turn-on" and label-free electrochemiluminescent (ECL) biosensor for distinguishing chiral metallosupramolecular complexes based on DNA three-way junction formation selectively induced by the analyte. The fabricated ECL sensor shows excellent performance in the chiral discrimination of two enantiomers with an enantioselective recognition ratio of up to 4.4. More importantly, as a "turn-on" detection system, the ECL chiral sensor does not suffer from false positives and limited signal range of "signal-off" systems. Therefore, this concept may provide a new insight into the design of efficient sensors for distinguishing chiral molecules and for investigating the interactions between DNA and small molecules.
|
{
"pile_set_name": "PubMed Abstracts"
}
|
Type II Diabetes Mellitus Accelerates Age-Dependent Aβ Pathology in Cynomolgus Monkey Brain.
Accumulating evidence suggests that diabetes mellitus (DM) is one of the strongest risk factors for developing Alzheimer's disease (AD). However, it remains unclear how DM accelerates AD pathology in the brain. Cynomolgus monkey (Macaca fascicularis) is one of the nonhuman primates used for biomedical research, and we can observe spontaneous formation of AD pathology, such as senile plaques (SPs) and neurofibrillary tangles (NFTs), with the advance of aging. Furthermore, obesity is occasionally observed and frequently leads to development of type II DM (T2DM) in laboratory-housed cynomolgus monkeys. These findings suggest that cynomolgus monkey is a useful species to study the relationship between T2DM and AD pathology. In T2DM-affected monkey brains, SPs were observed in frontal and temporal lobe cortices almost 5 years earlier than healthy control monkeys. Moreover, age-related endocytic pathology, such as intraneuronal accumulation of enlarged endosomes, was exacerbated in T2DM-affected monkey brains. Since accumulating evidences suggest that endocytic dysfunction is involved in Aβ pathology, T2DM may aggravate age-related endocytic dysfunction, leading to the acceleration of Aβ pathology.
|
{
"pile_set_name": "PubMed Abstracts"
}
|
Molecular interactions in collagen and chitosan blends.
Molecular interactions between collagen and chitosan (CC) have the potential to produce biocomposites with novel properties. We have characterised the molecular interactions in CC complexes by viscometry, wide angle X-ray scattering and Fourier transform infrared spectroscopy. It was found that CC are miscible at the molecular level and exhibit interactions between the components; X-ray diffraction of CC blends indicate that the collagen helix structure is lost in CC films with increasing chitosan content. Non-linear viscometic behaviour with decreasing chitosan content is interpreted as evidence of a third structural phase formed as a complex of CC. The blending of collagen with chitosan gives the possibility of producing new bespoke materials for potential biomedical applications.
|
{
"pile_set_name": "PubMed Abstracts"
}
|
36 F.3d 1094
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.Cornelius TUCKER, Jr., Plaintiff Appellant,v.Regina BROOKS; Elbert T. Buck, Jr.; William A. Lowery;Peggy Stamey; Lynn C. Phillips; Wilford Shields,Defendants Appellees.
No. 94-6441.
United States Court of Appeals, Fourth Circuit.
Submitted August 25, 1994.Decided September 27, 1994.
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Chief District Judge. (CA-93-549-CRT-F)
Cornelius Tucker, Jr., appellant pro se.
E.D.N.C.
AFFIRMED.
Before RUSSELL and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.
PER CURIAM
1
Cornelius Tucker appeals from the district court's order dismissing his 42 U.S.C. Sec. 1983 (1988) complaint as frivolous pursuant to 28 U.S.C. Sec. 1915(d) (1988). Our review of the record and the district court's opinion discloses no abuse of discretion and that this appeal is without merit. We amend the district court's judgment to reflect that this dismissal is without prejudice. 28 U.S.C. Sec. 2106 (1988).
2
Accordingly, we affirm the district court's decision as modified. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.
AFFIRMED AS MODIFIED
|
{
"pile_set_name": "FreeLaw"
}
|
/*
(c) copyright 1988 by the Vrije Universiteit, Amsterdam, The Netherlands.
See the copyright notice in the ACK home directory, in the file "Copyright".
*/
/*
Module: SYSTEM
Author: Ceriel J.H. Jacobs
Version: $Id$
*/
/*
An implementation of the Modula-2 NEWPROCESS and TRANSFER facilities
using the topsize, topsave, and topload facilities.
For each coroutine, a proc structure is built. For the main routine,
a static space is declared to save its stack. For the other coroutines,
the user specifies this space.
*/
#include <unistd.h>
#include "libm2.h"
#include <m2_traps.h>
#define MAXMAIN 2048
static struct proc mainproc[MAXMAIN / sizeof(struct proc) + 1];
static struct proc* curproc = 0; /* current coroutine */
extern char* MainLB; /* stack break of main routine */
void _SYSTEM__NEWPROCESS(
int (*p)(void) /* coroutine procedure */,
struct proc* a /* pointer to area for saved stack-frame */,
unsigned int n /* size of this area */,
struct proc** p1 /* where to leave coroutine descriptor,
in this implementation the address of
the area for saved stack-frame(s) */
)
{
/* This procedure creates a new coroutine, but does not
transfer control to it. The routine "topsize" will compute the
stack break, which will be the local base of this routine.
Notice that we can do this because we do not need the stack
above this point for this coroutine. In Modula-2, coroutines
must be level 0 procedures without parameters.
*/
char* brk = 0;
unsigned sz = topsize(&brk);
if (sz + sizeof(struct proc) > n)
{
/* not enough space */
TRP(M2_TOOLARGE);
}
a->size = n;
a->proc = p;
a->brk = brk;
*p1 = a;
if (topsave(brk, a + 1))
/* stack frame saved; now just return */
;
else
{
/* We get here through the first transfer to the coroutine
created above.
This also means that curproc is now set to this coroutine.
We cannot trust the parameters anymore.
Just call the coroutine procedure.
*/
(*(curproc->proc))();
_cleanup();
_exit(0);
}
}
void _SYSTEM__TRANSFER(struct proc** a, struct proc** b)
{
/* transfer from one coroutine to another, saving the current
descriptor in the space indicated by "a", and transfering to
the coroutine in descriptor "b".
*/
unsigned size;
if (!curproc)
{
/* the current coroutine is the main process;
initialize a coroutine descriptor for it ...
*/
mainproc[0].brk = MainLB;
mainproc[0].size = sizeof(mainproc);
curproc = &mainproc[0];
}
*a = curproc; /* save current descriptor in "a" */
if (*b == curproc)
{
/* transfer to itself is a no-op */
return;
}
size = topsize(&(curproc->brk));
if (size + sizeof(struct proc) > curproc->size)
{
TRP(M2_TOOLARGE);
}
if (topsave(curproc->brk, curproc + 1))
{
/* stack top saved. Now restore context of target
coroutine
*/
curproc = *b;
topload(curproc + 1);
/* we never get here ... */
}
/* but we do get here, when a transfer is done to the coroutine in "a".
*/
}
|
{
"pile_set_name": "Github"
}
|
On Tue, 19 Nov 1996 23:49:37 -0500, "M.J. Stillman"
<stillman at dendwrite.com> wrote:
>kenneth paul collins wrote:
>>>> Ron Blue wrote:
>> >
>> > ---------- Forwarded message ----------
>> > Date: Mon, 18 Nov 1996 14:43:43 EST
>> > From: Jeff Nagelbush <jnagelbu at art01.ferris.edu>
>> > Subject: Memory Drug
>> >
>> > On NPR this mornig and on the CNN web pages was a discussion of the
>> > new memory drug, Ampakine CX-516. It has been shown to have
>> > significant effects in rats and in humans, particularly in the
>> > elderly. It is soon to be tested on Alsheimer's patients.
>> >
>> > Supposedly, this works by stimulating the "so-called AMPA receptors
>> > in the brain" and this improves the flow of information from one cell
>> > to another. This brief description makes little sense to me as it
>> > was written and discussed and I have been unable to find out what
>> > AMPA receptors are. If anyone there can help me I would appreciate
>> > it. Thanks.
>> >
>> > Jeff
>> >
>> > Jeffrey Nagelbush
>> > jnagelbu at art01.ferris.edu>> > Social Sciences Department
>> > Ferris State University
>> > Big Rapids, MI 49307
>>>> A search on "Gary Lynch" might turn up some leads. Lynch is the researcher
>> who discussed the drug at the Annual Meeting of the Society for Neuroscience
>> recently. ken collins
>>Good idea. Along this line, try the SFN's home page http://www.sfn.org>in a week or two. I'd imagine they'd put something this big on their
>website. When I used to go, they'd have a Press Release Office for
>these types of things.
>>Also, perhaps the NYT's Science Times would have it?
>>-Mike
>__________________________________________________
>Michael J. Stillman, Ph.D.
>DendWrite Communications
>33 Dinsmore Avenue, Suite 602
>Framingham, MA 01702
>Tel/Fax: 508.875.7782
>http://www.dendwrite.com/users/stillent
MAMA MIA!!
There are a LOT of drugs(cannabinoids,psilocine,etc) which enhance
recalls but they are not recognised as such.
To understand why look at:
http://dog.net.uk/claude
and read the paragraph on benzodiazepines and cannabinoids.
Cannabinoids ARE,indeed,memory enhancers but non-specific.
For reasons to be understood in my paper you will see that no drug
will ever be invented which could stimulate indefinetly useful recall
because there is a fundamental barrier(a bit like Heisenberg's problem
in physics)blocking recall abilities.
This barrier is called the "Illusion threshold"(Seuil d'illusion)
Cheers,
Claude
|
{
"pile_set_name": "Pile-CC"
}
|
region1description=''The'' center of Chicago for work and play with major corporate headquarters, skyscrapers, shopping, big theaters, parks, beaches, museums and the city's most famous travel sights |
+
region1description=''The'' center of Chicago and the entire Midwest for work and play with major corporate headquarters, skyscrapers, shopping, big theaters, parks, beaches, museums, and the city's most famous travel sights |
region2name=North Side |
region2name=North Side |
Revision as of 17:44, 7 April 2014
Chicago is a huge city with several district articles containing sightseeing, restaurant, nightlife and accommodation listings — have a look at each of them.
Chicago's skyline viewed from Millennium Park
Chicago is located in the Midwest. It is the third largest city in the United States. Chicago is a huge vibrant city and sprawling metropolitan area. It is the home of the blues and the truth of jazz, the heart of comedy and the first builder of the skyscraper. Here, the age of railroads found its center, and airplanes followed. It is one of the world's great cities, and yet the metropolitan luxuries of theater, shopping, and fine dining have barely put a dent in real Midwestern friendliness. It's a city with a swagger, but without the surliness or even the fake smiles that can be found in other cities.
As the hub of the Midwest, Chicago is easy to find —its picturesque skyline calls across the waters of huge Lake Michigan, a first impression that soon reveals world-class museums of art and science, miles of sandy beaches, huge parks and public art, and perhaps the finest downtown collection of architecture in the world.
With a wealth of iconic sights and neighborhoods to explore, there's enough to fill a visit of weeks or even months without ever seeing the end. Prepare to cover a lot of ground: the meaning of Chicago is only found in movement, through its subways and archaic elevated tracks, and eyes raised to the sky.
Districts
Many visitors never make it past the attractions in Chicago's large central area, but there are also many attractions to be found in the city's other districts. The city consists of three large Sides (the North Side, the South Side, and the West Side) each named according to its direction from the downtown area, or the Loop as it is called. Each Side contains numerous neighborhoods. Chicagoans tend to identify strongly with their neighborhood within the city, reflecting a real place of home and culture.
Districts of Chicago
Downtown (The Loop, Near North, Near South)The center of Chicago and the entire Midwest for work and play with major corporate headquarters, skyscrapers, shopping, big theaters, parks, beaches, museums, and the city's most famous travel sights
North Side (Lakeview, Boystown, Lincoln Park, Old Town)Upscale neighborhoods with entertainment aplenty in storefront theaters and the Friendly Confines of Wrigley Field, along with a ton of bars and clubs, and one of the largest LGBT communities in the nation
Far Southwest Side (Beverly, Mount Greenwood)Ireland in Chicago: authentic Irish pubs, brogues, galleries, and the odd haunted castle, all extremely far from the city center
Understand
Chicago was known as a fine place to find a wild onion if you were a member of the Potawatomi tribe, who lived in this area of Illinois before European settlers arrived. It was mostly swamps, prairie and mud long past the establishment of Fort Dearborn in 1803 and incorporation as a town in 1833. It could be argued that nature never intended for there to be a city here; brutal winters aside, it took civil engineering projects of unprecedented scale to establish working sewers, reverse the flow of the river to keep it out of the city's drinking supply, and stop buildings from sinking back into the swamps — and that was just the first few decades.
By 1871, the reckless growth of the city was a sight to behold, full of noise, Gothic lunacy, and bustling commerce. But on October 8th, Mrs. O'Leary's cow reportedly knocked over a lantern in the crowded immigrant quarters in the West Side, and the Great Chicago Fire began. It quickly spread through the dry prairie, killing 300 and destroying virtually the entire city. The stone Water Tower in the Near North is the most famous surviving structure. But the city seized this destruction as an opportunity to rebuild bigger than before, giving canvas for several architects and urban planners who would go on to become legends of modern architecture.
At the pinnacle of its rebirth and the height of its newfound powers, Chicago was known as The White City. Cultures from around the world were summoned to the 1893 World's Columbian Exposition, to bear witness to the work of Louis Sullivan, Daniel Burnham, and the future itself. Cream of Wheat, soft drinks, street lights and safe electricity, the fax machine, and the Ferris Wheel bespoke the colossus now resident on the shores of Lake Michigan.
As every road had once led to Rome, every train led to Chicago. Carl Sandburg called Chicago the Hog Butcher for the World for its cattle stockyards and place on the nation's dinner plate. Sandburg also called it the City of the Big Shoulders, noting the tall buildings in the birthplace of the skyscraper — and the city's "lifted head singing so proud to be alive and coarse and strong and cunning." But Chicago is a city in no short supply of nicknames. Fred Fisher's 1922 song (best known in Frank Sinatra's rendition) calls it That Toddlin' Town, where "on State Street, that great street, they do things they don't do on Broadway." It's also referenced by countless blues standards like Sweet Home Chicago.
Chicago is also known as The Second City, which refers to its rebuilding after the fire — the current city is literally the second Chicago, after the one that nearly burned down in 1871. The moniker has stuck as Chicago had long-held the position of the nation's second-largest city. And many know the nickname from Chicago's great comedy theater Second City located in Old Town which has supplied countless talent to television's Saturday Night Live and many sitcoms.
During the Prohibition era, Chicago's criminal world, emblemized by names like Al Capone, Baby Face Nelson, and later Sam Giancana, practically ran the city. The local political world had scarcely more legitimacy in a town where voter turnout was highest among the dead and their pets, and precinct captains spread the word to "vote early, vote often." Even Sandburg acknowledged the relentless current of vice that ran under the surface of the optimistic city.
Chicago is also known as The Windy City. Walking around town, you might suspect that this nickname came from the winds off Lake Michigan which can, on occassion, make for some windy days. Truth be told, Chicago is far from being excessively windy. In fact, according to the United States National Climatic Data Center, Chicago does not rank high on the list of windy cities. The origin of the saying Windy City comes from politics; some saying it may have been coined by rivals like New York City as a derogatory reference; at the time the two cities were battling for the 1893 World's Fair, which Chicago ultimatley won. Others say that the term originated from the city's strong political climate.
Finally, the city is also known as the The City That Works as promoted by longtime Mayor Richard M. Daley, which refers to Chicago's labor tradition and its willingness to tackle grand civic projects. Daley and his father, former Mayor Richard J. Daley, ruled the city for decades in what can only be described as a benevolent dictatorship; as other manufacturing cities like Cleveland and Detroit went into decline, Chicago thrived, transforming from a city of factories to a financial giant; which now including the world's largest future exchanges (the Chicago Mercantile Exchange) no less. With Richard M. Daley deciding not to run for mayor again due to his ailing wife, and former White House Chief of Staff Rahm Emanuel resigning from that post to become mayor of Chicago, the city elected its first Daley-less administration with Emanuel since Mayor Richard M. Daley was in office from April 1989 to May 2011.
While the city has many great attractions in its huge central/downtown area, lots of Chicagoans live and play outside of the central business district as well. To understand more of Chicago, travelers can venture away from the Loop and Michigan Avenue and out into the vibrant neighborhoods to soak up the local nightlife, sample the wide range of fantastic dining, and see other sights that are also important to Chicagoans. Thanks to the city's massive public transit system, all parts of Chicago are indeed accessible.
As far as Chicago's weather goes, well let's just say that Chicago is a huge city so things tend to get blown out of porportion more than they would in other locales, that includes the weather. The city doesn't have weather like Honolulu - then again, what other city does? The winters in Chicago are indeed cold, but then again, so is most of the United States from Maine to Utah, with the exception of the extreme south. A fact; Chicago receives less precipitation (snow and rain) in the winter than East Coast cities like New York City or Boston receive. Chicago's summers are not much hotter than the East Coast, and definitely not as hot as the southern U.S. where there is a nonstop heatwave throughout the summer. There is a good time to be had in any season in Chicago, and the summer offers an array of parades, festivals, and events.
The winter months from December to March will see cold temperatures with cold wind chill factors. Snow is usually limited to a handful of heavy storms per season, with a few light dustings in-between and a little more along the lakefront —in the local parlance, that's "lake effect snow". Chicago is a city that's well-accustomed to winter season, so city services and public transportation are highly unlikely to ever shut down.
A little-known fact: there are more days with a maximum temperature of 80-84°F (27-29°C) than any other five-degree range, this includes winter months. Chicago's summer days can feel as warm as Honolulu or as humid and sticky as Miami. During any random summer, temperatures in July or August may go above the normal average of 83°F and become hot and humid with dewpoints that can be similar to those found closer to the Gulf of Mexico. However, these heatwaves are not for the entire duration of the summer, but usually in patches of days. Summer nights are usually reasonable and you'll get a few degrees' respite along the lakefront — in the local parlance again, that's "cooler by the lake."
Chicago does have several months of nice weather. June and September are very pleasant; April and May are quite fine, although thunderstorms can occur suddenly. July and August are okay as long as a heatwave hasn't hit the entire country. Although there may be a slight chill in the air, October rarely calls for more than a light coat and some days that's not even necessary. And in some years, prolonged mild summer-like temperatures overlap into November.
Literature
Chicago literature found its roots in the city's tradition of lucid, direct journalism, lending to a strong tradition of social realism. Consequently, most notable Chicago fiction focuses on the city itself, with social criticism keeping exultation in check. Here is a selection of Chicago's most famous works about itself:
Karen Abbott's Sin in the Second City is a recent best-seller about Chicago's vice district, the Levee, and some of the personalities involved: gangsters, corrupt politicians, and two sisters who ran the most elite brothel in town.
Nelson Algren's Chicago: City on the Make is a prose poem about the alleys, the El tracks, the neon and the dive bars, the beauty and cruelty of Chicago. It's best saved for after a trip, when at least twenty lines will have you enraptured in recognition.
Saul Bellow's Adventures of Augie March charts the long drifting life of a Jewish Chicagoan and his myriad eccentric acquaintances throughout the early 20th century: growing up in the then Polish neighborhood of Humboldt Park, cavorting with heiresses on the Gold Coast, studying at the University of Chicago, fleeing union thugs in the Loop, and taking the odd detour to hang out with Trotsky in Mexico while eagle-hunting giant iguanas on horseback. This book has legitimate claim to be the Chicago epic (for practical purposes, that means you won't finish it on the plane).
Gwendolyn Brooks' A Street in Bronzeville was the collection of poems that launched the career of the famous Chicago poetess, focused on the aspirations, disappointments, and daily life of those who lived in 1940s Bronzeville. It is long out of print, so you'll likely need to read these poems in a broader collection, such as her Selected Poems.
Sandra Cisneros' The House on Mango Street is a Mexican-American coming-of-age novel, dealing with a young Latina girl, Esperanza Cordero, growing up in the Chicago Chicano ghetto.
Theodore Dreiser's Sister Carrie is a cornerstone of the turn of the 20th century Chicago Literary Renaissance, a tale of a country girl in the big immoral city, rags-to-riches and back again.
Stuart Dybek's The Coast of Chicago is a collection of fourteen marvelous short stories about growing up in Chicago (largely in Pilsen and Little Village) in a style blending the gritty with the dreamlike.
John Guzlowski's Lightning and Ashes chronicles the author's experiences growing up in the immigrant and DP neighborhoods around Humboldt Park in Chicago, talking about Jewish hardware store clerks with Auschwitz tattoos on their wrists, Polish cavalry officers who still mourned for their dead horses, and women who walked from Siberia to Iran to escape the Russians.
Erik Larson's Devil in the White City is a best-selling pop history about the 1893 Colombian Exposition; it's also about the serial killer who was stalking the city at the same time. For a straight history of the Exposition and also the workers' paradise in Pullman, try James Gilbert's excellent Perfect Cities: Chicago's Utopias of 1893.
Audrey Niffenegger's The Time-Traveler's Wife is a recent love story set in Chicago nightclubs, museums, and libraries.
Mike Royko's Boss is the definitive biography of Mayor Richard J. Daley and politics in Chicago, written by the beloved late Tribune columnist. American Pharaoh (Cohen and Taylor) is a good scholarly treatment of the same subject.
Carl Sandburg's Chicago Poems is without a doubt the most famous collection of poems about Chicago by its own "bard of the working class."
Upton Sinclair's The Jungle sits among the canon of both Chicago literature and US labor history for its muckraking-style depiction of the desolation experienced by Lithuanian immigrants working in the Union Stockyards on Chicago's Southwest Side.
Richard Wright's Native Son is a classic Chicago neighborhood novel set in Bronzeville and Hyde Park about a young, poor, black boy hopelessly warped by the racism entrenched in American society at the time.
Movies
Union Station. This train station is used in a scene in the film The Untouchables. Hold on to your baby carriages!
Chicago is America's third most prolific movie industry after Los Angeles and New York, and there have been scores upon scores of films amd television series filmed here. Here is a very small list of some very Chicago-centric movies that have been produced in the city. These are just a few:
Ferris Bueller's Day Off (John Hughes, 1986). The dream of the northern suburbs: to be young, clever, and loose for a day in Chicago. Ferris and friends romp through the old Loop theater district, catch a game at Wrigley Field, and enjoy the sense of invincibility that Chicago shares with its favorite sons when all is well.
Adventures in Babysitting (Chris Columbus, 1987). The flip side of Ferris Bueller — the dangers that await the suburbanite in the Loop at night, including memorable trips to lower Michigan Avenue and up close with the Chicago skyline.
The Blues Brothers (John Landis, 1980). Probably Chicago's favorite movie about itself: blues music, white men in black suits, a mission from God, the conscience that every Chicago hustler carries without question, and almost certainly the biggest car chase ever filmed.
The Untouchables (Brian De Palma, 1987). With a square-jawed screenplay by David Mamet, this is a retelling of Chicago's central fable of good vs. evil: Eliot Ness and the legendary takedown of Al Capone. No film (except perhaps The Blues Brothers) has made a better use of so many Chicago locations, especially Union Station (the baby carriage), the Chicago Cultural Center (the rooftop fight), and the LaSalle Street canyon.
High Fidelity (Stephen Frears, 2000). John Cusack reviews failed relationships from high school at Lane Tech to college in Lincoln Park and muses over them in trips through Uptown, River North, all over the city on the CTA, his record store in the rock snob environs of Wicker Park, and returning at last to his record-swamped apartment in Rogers Park.
Batman Begins (Christopher Nolan, 2005) and its sequel The Dark Knight (2008). Making spectacular use of the 'L', the Chicago Board of Trade Building, Chicago skyscrapers, the Loop at night, and lower Wacker Drive, the revived action series finally sets the imposing power and intractable corruption of Gotham City where it belongs, in Chicago.
Some others include Harrison Ford vs. the one-armed man in The Fugitive, the CTA vs. true love in While You Were Sleeping, Autobots vs. Decepticons in Transformers 3, the greatest Patrick Swayze hillbilly ninja vs. Italian mob film of all time, Next of Kin, and the humble John Candy film Only The Lonely which captures the south side Irish mentality, the love and comfort of neighborhood dive bars, as well as the Chicago working class, and political power, theme with the repeated line "Sometimes it's good to be a cop".
Smoking
Smoking is prohibited by state law at all restaurants, bars, nightclubs, workplaces, and public buildings. It's also banned within fifteen feet of any entrance, window, or exit to a public place, and at CTA train stations. The fine for violating the ban can range from $100 to $250.
Tourist Information
Chicago Water Works Visitor Information Center, 163 E Pearson Ave, ☎+1 877 244-2246, [1]. M-Th 8AM-7PM, F 8AM-6PM, Sa 9AM-6PM, Su 10AM-6PM (closed 1 Jan, 4th Th of Nov (Thanksgiving), 25 Dec). The city's main visitor information center is located on the Magnificent Mile in the historic Pumping Station, across the street from the Water Tower. In addition to extensive free visitor materials, there is a small cafe and a Hot Tix window for discount theater tickets.
Get in
By plane
Chicago (IATA: CHI for all airports) is served by two major airports: O'Hare International Airport[60] and Midway Airport[61]. There are plenty of taxis both to and from the city center, but they are quite expensive, especially during rush hours. Expect upwards of $40 for O'Hare and $30 for Midway. CTA trains provide direct service to both larger airports for $2.25 from anywhere in the city — faster than a taxi during rush hour and a lot less expensive.
Many large hotels offer complimentary shuttle vans to one or both airports, or can arrange one for a charge ($15-25) with advance notice.
O'Hare
O'Hare International Airport (IATA: ORD, ICAO: KORD) is 17 miles (27 km) northwest of downtown and serves many international and domestic carriers. United Airlines[62] has the largest presence here (about 50%) followed by American Airlines[63] with about 40%. Most connecting flights for smaller cities in the Midwest run through O'Hare. It's one of the biggest airports in the world, and it has always been notorious for delays and cancellations. Unfortunately, it's too far northwest for most travelers who get stuck overnight to head into the city. As a result, there are plenty of hotels in the O'Hare area. See the O'Hare article for listings.
The CTA Blue Line runs between the Loop and O'Hare every 15 minutes, 24 hours a day and 7 days a week. A lot of repair work has been completed on the Blue line and the trip from O'Hare to the Loop now takes 35-50 minutes. The O'Hare station is the end of the line and is essentially in the basement of O'Hare airport. Walking from the platform to the ticket counters should take 5-10 minutes for Terminals 2 or 3, slightly more for Terminal 1, and a great deal longer for the International Terminal 5 (It is necessary to take the free people mover for transfer).
Midway
Midway International Airport (IATA: MDW, ICAO: KMDW) is 10 miles (16 km) southwest of downtown. If it's an option for your trip, Midway is more compact, less crowded, has fewer delays, and usually cheaper. And, of course, it's significantly closer to downtown.
The CTA Orange Line train runs between the Loop and Midway in around 25 minutes. Keep in mind that the CTA Midway Station is at the end of the Orange Line. There is an enclosed tunnel that links the station and airport but it takes approximately 10-15 minutes to walk from one to the other. There are a number of hotels clustered around Midway, too — see the Southwest Side article for listings.
Others
Chicago Executive Airport (IATA: PWK, ICAO: KPWK) is nine miles north of O'Hare, serves the general and business aviation sector, and is the third busiest airport in Illinois. Approximately three hundred aircraft are based on the field and approximately 200,000 take-offs and landings occur annually. Air taxi and air charter companies such as Jetset Charter[64] fly a variety of private charter aircraft and jets, from charter luxury Gulfstream's down to economical piston twins for small groups and individuals.
Milwaukee's General Mitchell International Airport[65] (IATA: MKE, ICAO: KMKE) is served by 7 Amtrak trains per day (6 on Sunday), and the Hiawatha Service has a 95% on-time rating. The trip from Chicago Union Station to Mitchell Airport Station is about one hour and 15 minutes. There are also buses from Mitchell Airport to Chicago O'Hare Airport.
By bus
Greyhound, 630 W Harrison St, ☎+1 312 408-5800, [4]. 24 hours. Very frequent service to destinations throughout the Midwest with connections to most of the US, Canada and Mexico. The main terminal is near the southwestern corner of the Loop. There are secondary terminals at the 95th/Dan Ryan red line station and the Cumberland blue line station.
Indian Trails, (at the Greyhound Station), [5]. Frequent service to East Lansing, Grand Rapids with onward destinations availible. Daily service to Michigan's Upper Peninsula connecting via Greyhound in Milwaukee. Wifi and power outlets onboard.
By train
Three-level streets in the Loop
Chicago is historically the rail hub of the entire United States. Today, Amtrak[66], ☎ +1 800 872-7245, uses the magisterial Union Station (Canal St and Jackson Blvd) as the hub of its Midwestern routes, making Chicago one of the most convenient U.S. cities to visit by train, serving the majority of the passenger rail company's long-distance routes, with options from virtually every major U.S. city. With its massive main hall, venerable history, and cinematic steps, Union Station is worth a visit even if you're not coming in by train.
Most (but not all) Metra suburban trains run from Union Station and nearby Ogilvie/Northwestern Station (Canal St and Madison St), which are west of the Loop. Some southern lines run from stations on the east side of the Loop. The suburban trains run as far as Kenosha, Aurora, and Joliet, while the South Shore line runs through Indiana as far as South Bend. Several CTA buses converge upon the two stations, and the Loop CTA trains are within walking distance.
By car
Chicagoans refer to some expressways by their names, not the numbers used to identify them on the signs you'll see posted on the U.S. interstate highway system. So you'll have to commit both name and number to memory. I-55 (the Stevenson Expressway) will take you from the southwest city and the southwest suburbs to downtown Chicago. I-90/94 (called The Dan Ryan south of downtown) comes in from Indiana to the east (via the Chicago Skyway - I-90 and Bishop Ford Freeway - I-94) and from central Illinois (via I-57). I-90 (called The Kennedy north of downtown) comes in from the northwest city and northwest suburbs. I-94 (called the Edens Expressway) comes in from the North Side and the northern suburbs to downtown. I-80 runs south of the city in an east-west direction, linking with several north-south expressways.
The Illinois tollway, which in addition to I-90, consists of I-88 which serves the west suburbs, I-355 which connects Joliet with Schaumburg, and I-294 - The Tri-State which runs from the South Side to the far Northwest Side and passes next to O'Hare Airport. Be prepared for toll booths off to the right hand side of the tollway which will cost about $1.50 per booth, a much lower cost than you will find on tolls in New York City or the Los Angeles area. When traveling the tollway, always have a few dollars in cash and coins to pay at the booths, which are staffed on mainline toll plazas.
If arriving downtown from the south on I-94 or I-90, or from the north on I-90/94, great views can be seen as you approach the downtown skyline. If arriving on I-55 from the southwest, or on I-290 (the Eisenhower Expressway, formerly and sometimes still called The Congress Expressway) from the west, the skyline is also visible. If arriving from north or south on Lake Shore Drive (U.S. Highway 41) a scenic introduction will be provided, day or night, on what has to be the most beautiful thoroughfare in the world.
Get around
CTA trains route map
Navigating Chicago is easy. Block numbers are consistent across the whole city. Standard blocks, of 100 addresses each, are roughly 1/8th of a mile long. (Hence, a mile is equivalent to a street number difference of 800.) Each street is assigned a number based on its distance from the zero point of the address system, the intersection of State Street and Madison Street. A street with a W (west) or E (east) number runs north-south (indicating how many blocks East or West of State St. it falls), while a street with a N (north) or S (south) number runs east-west (indicating how many blocks North or South of Madison St. it falls). A street's number is usually written on street signs at intersections, below the street name. Major thoroughfares are at each mile (multiples of 800) and secondary arteries at the half-mile marks. Thus, Western Ave at 2400 W (3 miles west of State Street) is a north-south major thoroughfare, while Montrose Ave at 4400 N is an east-west secondary artery.
In general, "avenues" run north-south and "streets" run east-west, but there are numerous exceptions. (e.g., 48th Street may then be followed by 48th Place). In conversation, however, Chicagoans rarely distinguish between streets, avenues, boulevards, etc.
Several streets follow diagonal or meandering paths through the city such as Clark St, Broadway, Milwaukee Ave, Archer Ave, Vincennes Ave, and South Chicago Ave to name a few. Interestingly, many of the angled streets in Chicago (including Archer Ave., Clark Street and Lincoln Ave.) were originally Native American trails established long before Chicago was a city.
By public transit
The best way to see Chicago is by public transit. It is cheap (basically), efficient (at times), and safe (for the most part). The Regional Transportation Authority (RTA)[67] oversees the various public transit agencies in the Chicagoland area. You can plan trips online with the RTA trip planner[68] or get assistance by calling 836-7000 in any local area code between 5AM-1AM. The RTA also has an official partnership with Google Maps, which can provide routes with public transit.
CTA
The Chicago Transit Authority (CTA)[69] operates trains and buses in the city of Chicago and some of the suburbs. Put simply, the CTA is Chicago. It is a marvel and a beast, convenient and irreplaceable. Even if you have the option of driving while you're in town, no experience of Chicago is complete without a trip on the CTA.
Fares are paid with transit cards, which can be purchased and re-filled at kiosks in the lobby of every CTA station. All accept cash, and some accept credit cards. Many locals use the Chicago Card, which cannot be purchased at stations, but can be ordered online [70] and also purchased at grocery stores and currency exchanges. Visitor passes are sold for unlimited travel on the CTA and Pace: 1 Day (24 hours) for $10; 3 Days for $20; 7 Days for $28 and 30 Days for $100. These passes are on sale at certain train stations (notably, the O'Hare Blue Line station), currency exchanges and some convenience stores, and online [71]. Transit cards for single rides or larger increments can also be purchased online.
Unlike many cities' rail system that are set up on zone fares, Chicago's L network, regardless of how many miles you're traveling, only cost $2.25. At many stations, you can transfer to another L line at no additional cost. If you have exited the turnstiles, entering another CTA station or boarding a CTA bus costs an additional $0.25 with your transit card, and transferring a third time is free provided it is still within two hours of when you started the trip.
Locals refer to Chicago's public train system as the "L". (Most lines run on el-evated tracks — get it?) All train lines radiate from the Loop to every corner of the city. The "Loop" name originally referred to a surface-level streetcar loop, which pre-dated the elevated tracks.
A CTA bus - note the number/destination and symbol for wheelchair accessibility
CTA train lines are divided by colors: Red, Green, Brown, Blue, Purple, Yellow, Orange and Pink. All lines lead to the Loop except the Yellow Line, which is a nonstop shuttle between the suburb of Skokie and the northern border of Chicago. The Red and Blue lines run 24/7, making Chicago and New York City the two American cities that offer 24-hour rail service running throughout their city limits. Hours for the other lines vary somewhat by the day, but as a general rule run from about 4:30AM -1:00AM.
Before you travel, find out the name of the train station closest to your destination, and the color of the train line on which it is located. Once you're on-board, you'll find route maps in each train car, above the door. The same map is also available online [72]. The name signs on platforms often have the station's location in the street grid, e.g. "5900 N, 1200 W" for Thorndale.
There should be an attendant on duty at every train station. They cannot provide change or deal with money, but they can help you figure out where you need to go and guide you through using the machines.
A CTA bus stop: note the symbols for wheelchair accessibility and late-night hours.
Buses run on nearly every major street throughout the entire city, and in many cases, every four blocks apart. Look for the blue and white bus stop sign, which should show the route that the bus will take. Once inside, watch the front of the bus, a red LED display will list the names of the streets as they pass by, making it easy to know that your stop is approcahing if you're unfamiliar with the city. Rides of any length cost $2 with a transit card or Chicago Card or $2.25 in cash.
Chicago has a large and comprehensive bus system, and buses typically run frequently. This allows Chicagoans to go to bus stops and wait for the bus without even looking at bus schedules, as buses usually run every few minutes apart. The major bus routes run every 7-15 minutes apart during the morning and afternoon hours. In the evening, these same routes run about every 15-20 minutes apart. The less traveled bus routes may run about 15-20 minutes apart during the day. There are many bus routes that run 24 hours a day; these are called OWL routes and the bus stop sign usually has a picture of an owl to belabor that point. Overnight OWL service is approximately every 30 minutes. (See individual district articles for major bus routes through different parts of the city.)
If you have a web-enabled mobile device, the CTA runs a little godsend called the CTA Bus Tracker[73], which uses GPS to provide reliable, real-time tracking information for almost all bus routes.
CTA buses accept transit cards but do not sell them. They also accept cash but do not provide change. Like any bus system, you pay exact fare or forfeit your change.
In compliance with the Americans With Disabilities Act, all CTA buses and some train stations are accessible to wheelchairs. Wheelchair-accessible 'L' stations are indicated by the international wheelchair symbol and have elevators or are at ground level. If you are trying to get to a place with a non-accessible station, there will be alternate routes by bus so contact the CTA for more information.
Crime on the CTA is low, but as with any major urban area, travelers should be aware of their surroundings, especially when traveling in the wee hours of the night. Some L cars have a button and speaker for emergency communication with the driver, located in the center aisle of the car on the wall next to the door. This is for emergencies only: do not press this just to ask questions, as the driver is required to halt the train until the situation has been confirmed as resolved, and your fellow passengers will not be amused.
On Monday, March 24, 2014, a CTA Blue line train heading to the O'Hare Station derailed from its tracks and crashed into the O'Hare Blue Line station. The train landed on an escalator in the station and injured more than 30 people. As CTA officials continue their investigation, they have come to the conclusion that the train was not speeding but the CTA employee in charge of the trains controls may have fallen asleep.
Metra and South Shore
Metra train on the way to the Loop
Metra system map
Metra[74], ☎ +1 312 322-6777, runs commuter trains for the suburbs, providing service within Illinois, to Kenosha, Wisconsin, out west, and to the South Shore railroad, which provides service to South Bend, Indiana. Metra trains are fast, clean, and punctual, but unpleasantly crowded during rush hour. Generally, every car or every other car on the train has a bathroom.
Metra's Electric Line provides service to the convention center (McCormick Place), Hyde Park (Museum of Science and Industry, University of Chicago), and the Far Southeast Side's Pullman Historic District and Rainbow Beach. The Electric Line is fast, taking at most 15 minutes to reach Hyde Park from the Loop. Unfortunately, service outside of rush hours is infrequent (about once/hour), so be sure to check the schedules while planning your trip.
Although there are plans to change this in the future, none of the commuter trains currently accept CTA transit cards as payment. The fare to McCormick Place and Hyde Park, however, is only $2. Buy your tickets before boarding the train at a window or one of the automated vending machines. You can buy a ticket on the train, but that comes with an extra $3/ticket surcharge if the station you're leaving from had an open ticket window or an operational ticket machine.
Ten-ride, weekly, and monthly passes are available. If you have a group of four or more people, it may be cheaper to purchase a ten-ride card and have all of your fares punched from that one card. If using Metra on Saturday and/or Sunday, you can purchase an unlimited ride weekend pass for just $7. Keep in mind that Metra only accepts cash at this time.
Pace
Pace[75] runs buses in the suburbs, although some routes do cross into the city, particularly in Rogers Park at the Howard (Red/Purple/Yellow Line) CTA station and the Far Northwest Side at the Jefferson Park (Blue Line) CTA station. Pace provides paratransit services should you need to go somewhere inconvenient via CTA.
By car
Avoid driving in downtown Chicago if at all possible. Traffic is heavy and garages in the Loop can cost as much as $35 per day. Free websites like ParkWhiz.com [76] and ParkingPanda.com [77]let you book off-street parking in advance after searching by location and price, which is often discounted. Other sites like ChiParking.com [78] provide tips about where to park in different parts of the city. Although downtown streets are laid out on the grid, some streets have multiple levels which can confuse even the most hardened city driver. Even outside of the city center, street parking may not be readily available. If you do find a spot, check street signs to make sure that a) no residential permit is required to park, and b) parking is not disallowed during certain hours for street cleaning, rush hour or something along those lines. Parking restrictions are swiftly enforced in the form of tickets and towing — be especially wary during snowy weather.
On-street parking is handled by one-per-block kiosks, which will issue a slip for you to put in your front window. The kiosks will accept cash or credit cards. If the kiosk fails for any reason (such as the printer running out of paper), there should be a phone number to call to report it and ensure you don't receive a ticket.
Be advised: talking on a handheld cell phone while driving is illegal, and the police will write you a much-deserved ticket as this action puts many people's lives in danger. If you need to take or make a call, use a hands-free headset — or better yet, pull over.
Drivers on the city expressways can be very aggressive. For those used to driving on expressways in the Northeast US or Southern California, this may simply be a reminder of home. For everyone else, though, it may be intimidating.
By taxi
Your Name Here
As in most cities, "naming rights" are all the rage. While official city tourism guides rush to comply, using the new names will earn an eye roll or an oblivious look from most Chicagoans (and cab drivers). A few of the worst offenders:
Sears Tower — 36 years after it was built, the Western Hemisphere's tallest building was redubbed the Willis Tower. For most Chicagoans, however, it is still and will always be the Sears Tower.
Comiskey Park — Winning the city's first World Series in nearly a century helped earn some acceptance for the "U.S. Cellular Field" moniker (nicknamed "the Cell"), but it's still regarded as profanity by the old-timers in Bridgeport, where the first Comiskey Park was built in 1910.
Hollywood Beach — The favorite beach of Chicago's gay and lesbian community was renamed Kathy Osterman Beach for one of the mayor's Edgewater-based political friends who died of cancer. But more than a decade later only city signage knows it by that name; everyone else still calls it by its original name, Hollywood Beach.
Chicago has some of the least expensive taxi fares in the U.S. for a major city. Taxis can be hailed from the street throughout the entire city, and are most plentiful in the tourist areas. Rates are regulated by the city; fares are standard and the initial charge ("flag pull") is $2.25 for the first 1/9 mile, then $0.20 for each additional 1/9 mile or $0.20 for each elapsed 36 seconds. There is a $1.00 fuel surcharge added to the initial charge. There is also a flat $1.00 charge for the second passenger, and then a $0.50 charge for each additional passenger after that (for example, if four people take a taxi together, there will be $2.00 in additional flat fees).
Rides from O'Hare and Midway to outer suburbs cost an additional 50% over the metered fee. Give the driver the nearest major intersection to which you are heading (if you know it) and then the specific address. There is no additional charge for baggage or credit card use, although some drivers discourage credit card payments if the distance traveled is short.
If you are outside of Downtown, North Side, Near West, or Near South neighborhoods, it may be mless easy to find cabs from the street and easier just to call one. Taxis typically take 10-15 min from the time you call to arrive. The principal companies are:
The above applies only to Chicago taxis. Suburban taxi cabs have their own fares and rates, depending on the laws and regulations of the town in which they are based.
By bicycle
Chicago has a bike path along the shores of Lake Michigan, making north-south travel very convenient as long as the weather is favorable by the lake. Most major city streets have bike lanes, and the biking culture is established enough that cars tend to accommodate and (grudgingly) yield to bicycles. Bike trips can also be combined with rides on the CTA. See the bicycling section below for more details.
By water taxi
In the summer, water taxis are sometimes more convenient than the CTA, if you are traveling around the fringes of downtown. They are also a relatively cheap way to take in some offshore views. Two private companies operate water taxi services around the Loop.
Museums
Penguin triumphant, Lincoln Park Zoo
Chicago's set of museums and cultural institutions are among the best in the world. Three of them are located within a short walk of each other in the Near South, on what is known as the Museum Campus, in a beautiful spot along the lake: the Adler Planetarium, with all sorts of cool hands-on space exhibits and astronomy shows; the Field Museum of Natural History, which features SUE, the giant Tyrannosaurus Rex skeleton, and a plethora of Egyptian treasures; and the Shedd Aquarium, with dolphins, whales, sharks, and the best collection of marine life east of California. A short distance away, in Hyde Park, is the most fun of them all, the Museum of Science and Industry — or, as generations of Chicago-area grammar school students know it, the best field trip ever.
In the Loop, the Art Institute of Chicago has a handful of iconic household names among an unrivaled collection of Impressionism, modern and classical art, and tons of historical artifacts. And in Lincoln Park, a short trip from the Loop, the cheerful (and free) Lincoln Park Zoo welcomes visitors every day of the week, with plentiful highlights like the Regenstein Center for African Apes.
Also, Chicago has some knockout less well-known museums scattered throughout the city like the International Museum of Surgical Science and the Loyola University Museum of Art in Gold Coast, Chicago History Museum in Lincoln Park, DuSable Museum of African American History in Washington Park, National Museum of Mexican Art in Pilsen, the Polish Museum of America in Wicker Park, the Museum of Photography in the Loop, and the Driehaus Museum in Near North. The University of Chicago, in Hyde Park, has several cool (and free) museums that are open to all visitors, showcasing a spectacular collection of antiquities and modern/contemporary art.
Discount packages like the Chicago CityPASS[83] can be purchased before you arrive in town. They cover admission to some museums and other tourist attractions, allowing you to cut to the front of lines, and may include discounts for restaurants and shopping. Also, programs such as Bank of America's Museums to Go offer free admission at multiple Chicago museums for designated times which can save you a small fortune on admission fees.
Architecture
From the sternly classical to the space-age, from the Gothic to the coolly modern, Chicago is a place with an embarrassment of architectural riches. Frank Lloyd Wright fans will swoon to see his earliest buildings in Chicago, where he began his professional career and established the Prairie School architectural style, with numerous homes in Hyde Park/Kenwood, Oak Park, and Rogers Park — over 100 buildings in the Chicago metropolitan area! Frank Lloyd Wright learned his craft at the foot of the lieber meister, Louis Sullivan, whose ornate, awe-inspiring designs were once the jewels of the Loop, and whose few surviving buildings (Auditorium Theater, Carson Pirie Scott Building, one in the Ukrainian Village) still stand apart.
The 1871 Chicago Fire forced the city to rebuild. The ingenuity and ambition of Sullivan, his teacher William Le Baron Jenney (Manhattan Building), and contemporaries like Burnham & Root (Monadnock, Rookery) and Holabird & Roche/Root (Chicago Board of Trade) made Chicago the definitive city of their era. The world's first skyscrapers were built in the Loop as those architects received ever more demanding commissions. It was here that steel-frame construction was invented, allowing buildings to rise above the limits of load-bearing walls. Later, Mies van der Rohe would adapt Sullivan's ethos with landmark buildings in Bronzeville (Illinois Institute of Technology) and the Loop (Chicago Federal Center). Unfortunately, Chicago's world-class architectural heritage is almost evenly matched by the world-class recklessness with which the city has treated it, and the list is long of masterpieces that have been needlessly demolished for bland new structures.
Today, Chicago boasts three out of America's five tallest buildings: the Sears Tower (1st), the Trump Tower (2nd), and the Aon Center (5th) (although the local favorite is actually #6: the John Hancock Center). For years, the Sears Tower was the tallest building in the world, but it has since lost the title. Various developers insist they're bringing the title back with proposed skyscrapers. Until they do, Chicago will have to settle for having the tallest building in the Western Hemisphere with the Sears Tower, although the Hancock has a better view and is quite frankly better-looking.
Chicago is particularly noted for its vast array of sacred architecture, as diverse theologically as it is artistically. There were more than two thousand churches in Chicago at the opening of the twenty-first century. Of particular note are the so-called Polish Cathedrals like St. Mary of the Angels in Bucktown and St. Hyacinth Basilica in Avondale, as well as several treasures in Ukrainian Village — beautifully crafted buildings with old world flourishes recognized for their unusually large size and impressive scope.
Architectural tours cover the landmarks on foot and by popular river boat tours, or by just standing awestruck on a downtown bridge over the Chicago River; see individual district articles for details. For a tour on the cheap, the short trip around the elevated Loop train circuit (Brown/Purple Lines) may be worth every penny of the $2 fare.
African-American history
Chicago's African-American history begins with the city's African-American founder, Jean Baptiste Pointe du Sable. Born to a Haitian slave and a French pirate, he married a woman from the Potawatomi tribe, and built a house and trading post on the Chicago River on the spot of today's Pioneer Court (the square just south of the Tribune Tower in the Near North). Du Sable lived on the Chicago River with his family from the 1770s to 1800, when he sold his house to John Kinzie, whose family and friends would later claim to have founded the city.
Relative to other northern cities, African-Americans constituted a fairly large part of Chicago's early population because of Illinois' more tolerant culture, which was inherited from fervent anti-slavery Mormon settlers. As a non-slave state generally lacking official segregation laws, Illinois was an attractive place to live for black freedmen and fugitive slaves.
By the 1920s, Chicago had a thriving middle class African-American community based in the Bronzeville neighborhood, which at the time became known as "The Black Metropolis," home to a cultural renaissance comparable to the Harlem Renaissance of New York. African-American literature of the time was represented by famous and local poetess Gwendolyn Brooks and the novelist Richard Wright, most famous for his Native Son, nearly all of which takes place in Chicago's Bronzeville and Hyde Park/Kenwood. The Chicago school of African-American literature distinguished itself from the East Coast by its focus on the new realities of urban African-American life. Chicago became a major center of African-American jazz, and the home for the blues. Jazz great Louis Armstrong got his start there; other famous black Chicagoans of the day included Bessie Coleman — the world's first licensed black pilot, the hugely influential African-American and women's civil rights activist Ida B. Wells, the great pitcher/manager/executive of Negro League Baseball Andrew "Rube" Foster, and many more.
Helping to fuel Chicago's black renaissance was one of the single most influential parts of African-American history: the Great Migration. African-Americans from the South moved to the industrial cities of the North (particularly Chicago) due to the post-WWI shortage of immigrant industrial labor, and to escape the Jim Crow Laws and racial violence of the South. The massive wave of migrants increased Chicago's black population alone by more than 500,000. With it came southern food, Mississippi blues, and the challenges of establishing adequate housing for so many recent arrivals.
Black Chicago's renaissance was halted momentarily, as was the entire world, by the Great Depression. In 1937 came the creation of the Chicago Housing Authority which sought to build affordable public housing for the city. However well-intentioned, the results were not well. The largest housing projects by far were the 1940 Ida B. Wells projects; the Cabrini Green projects, which developed a reputation as the most violent housing projects in the nation , and the massive 1962 Robert Taylor Homes which stretched for several miles. In the beginning, the housing projects were indeed decent. As the years past, unsavory people and less maintenance proved to be the downfall of the projects. The Black Metropolis was unable to cope with this development and surrounding neighborhoods fell with it. Today, the city has torn down most of these structures and replaced them with lower rise, mixed used buildings; which has shown to have more success than the previous dwellings.
Further damaging to Chicago's black population was the phenomenon of "white flight" that took place across the nation. Unwilling to live beside black neighbors, many white Chicagoans fled desegregation to the suburbs. This trend was accelerated by the practice of "blockbusting," where unsavory real estate agents would fan racist fears in order to buy homes on the cheap. As a result, most of Chicago neighborhoods never truly integrated at that time, and the social, educational, and economic networks that incoming non-whites had hoped to join disintegrated in the wake of fleeing white citizens.
Today, integration has come a long way and integration exists in many Chicago neighborhoods including the communities on the entire eastern half of the North Side that border the lakefront, as well as communities such as Hyde Park/Kenwood, Logan Square, Little Italy, Auburn Gresham, Beverly, and Hegewisch. However, there are still parts of the city that are predominantly composed of one race.
In 1966, Dr. Martin Luther King, Jr. decided to come north and chose Chicago as his first destination. However, from the moment of his arrival on the Southwest Side, King was utterly confounded. The death threats that followed his march through Marquette Park were challenge enough, but nowhere in the South was there a more expert player of politics than Chicago's Mayor Richard J. Daley. King left town frustrated and exhausted, but Rev. Jesse Jackson continued civil rights efforts in Chicago through his Operation PUSH. The 1983 election of Mayor Harold Washington, the first black mayor of Chicago, was a watershed event for Chicago's African-American population, and although long battles with obstructionist and racist white politicians lay ahead, it marked the moment when Black elected officials became major, independent forces in Chicago.
Today, comprising well over a third of the city, Chicago's black population is the country's second largest in overall numbers, after New York City. However, blacks make up a larger percentage of Chicago than they do of New York City. The large South Side is the cultural center of Chicago's black community. The South Side along with the adjoining south suburbs constitutes the largest single Black region in the entire country, and boasts the country's greatest concentration of black-owned businesses. Some Chicagoans and outsiders from other parts of the country who are ignorant of this area may tell you that it is dangerous. North Siders in general do not think much of the West Side or the South Side (similar to the way Manhattanites in New York City do not think much of the other four boroughs of that city). Although the West Side of Chicago does contain many economically challenged neighborhoods, the reality of the South Side is more complex. On the South Side there are affluent, middle class, and economically challenged neighborhoods. Affluent and upper-middle class areas on the South Side include the South Loop, Hyde Park/Kenwood, upper Bronzeville, Chatham, South Shore, Beverly, Mount Greenwood, West Lawn, and western Morgan Park. Chicago is a very large city and the South Side is large, thus, many people outside the South Side may not be familiar with these affluent/upper-middle class areas on the South Side. The local newscasts also have a bad habit: When a crime happens on the North Side, the commentator will put emphasis on the neighborhood in which it happened, as to not give the entire North Side a bad image. However, when a crime happens on the South Side, the emphasis is put on South Side, thus giving the entire South Side a bad image.
For those interested in African-American history, Bronzeville is a top destination. The Kenwood area also boasts interesting recent history, as it has been (or is) home to championship boxer Muhammad Ali, Nation of Islam leaders Elijah Muhammad and Louis Farrakhan, and President Barack Obama. No one should miss the DuSable Museum of African-American History in Bronzeville, adjancent to Hyde Park, the first museum of African-American history in the United States. And if your interest is more precisely in African-American culture than history, head down to Chatham and South Shore to enter the heart of Chicago's black community.
Ethnic neighborhoods
Wentworth Ave, Chinatown's main street
Chicago is among the most diverse cities in America, and many neighborhoods reflect the character and culture of the immigrants who established them. Some, however, do more than just reflect: they absorb you in a place that, for several blocks at a time, may as well be a chunk of another country, picked up and dropped near the shores of Lake Michigan. The best of Chicago's ethnic neighborhoods are completely uncompromised, and that makes them a real highlight for visitors.
Chicago's Chinatown is among the most active Chinatowns in the world. It even has its own stop on the CTA Red Line. It's on the South Side near Bridgeport, birthplace of the Irish political power-brokers who have run Chicago government for most of the last century. More Irish communities exist on the Far Southwest Side, where they even have an Irish castle to seal the deal. The Southwest Side houses enormous populations of Polish Highlanders and Mexicans, as well as reduced Lithuanian and Bohemian communities.
No serious Chicago gourmand would eat Indian food that didn't come from a restaurant on Devon Avenue in Rogers Park. It's paradise for spices, saris, and the latest Bollywood flicks. Lawrence Avenue in Albany Park is sometimes called Seoul Drive for the Korean community there, and the Persian food on Kedzie Avenue nearby is simply astonishing. At the Argyle Red Line stop, by the intersection of Argyle and Broadway in Uptown, you'd be forgiven for wondering if you were still in America; Vietnamese, Thais, and Laotians share space on a few blocks of restaurants, grocery stores, and even dentists. Neither the Swedish settlers who built Andersonville or the Germans from Lincoln Square are the dominant presence in those neighborhoods any more, but their identity is still present in restaurants, cultural centers, and other small discoveries to be made. Likewise, Little Italy and Greektown on the Near West Side survive only as restaurant strips.
A more contemporary experience awaits in Pilsen and Little Village, two neighborhoods on the Lower West Side where the Spanish signage outnumbers the English; in fact, Chicago has the second largest Mexican and Puerto Rican populations outside of their respective home countries. Pilsen and its arts scene is an especially an exciting place to visit.
It's hard to imagine displacement being a concern for the Polish community on the city's Far Northwest and Southwest sides. The Belmont-Central business district is what you might consider the epicenter of Polish activity,. Bars, restaurants, and dozens of other types of Polish businesses thrive on this strip, and on a smaller section of Milwaukee Avenue (between Roscoe and Diversey) in the vicinity of St. Hyacinth Basilica which bears the Polish name of Jackowo- Chicago's Polish Village. Polish Highlanders, or Górals, on the other hand dominate the city's Southwest Side with a cuisine and culture that is decidedly Balkan. A host of restaurants and cultural institutions visibly display the rustic touch of their Carpathian craft such as the Polish Highlanders Alliance of North America at Archer Avenue just northeast of its intersection with Pulaski Road.Taste of Polonia, held over Labor Day weekend on the grounds of the Copernicus Foundation at the historic Gateway Theatre, draws an annual attendance of about 50,000 people and is touted as the city's largest ethnic fest.
Do
Shedd Aquarium (Shedd Aquarium), 1200 S. Lake Shore Dr. Chicago, IL 60605, ☎(312) 939-2438, [8]. 9 am - 5pm. Chicago's Shedd Aquarium is the city's premier location for aquatic life and family fun! With over 32,000 creatures, ranging from fish to crustaceans and everything in between, Shedd is the perfect place for children to learn and inspire curiosity about oceanic and aquatic life! Various exhibits include Aquatic Shows, Amazon Rising, Caribbean Reef, Jellies, Abbott Oceanarium, Polar Play Zone, Waters Of The World, Wild Reef, and A Holiday Fantasea. Come see us today!Adults - $8, Children - $6. (41.8676° N,87.6140° W)
Beaches
The five Great Lakes together form the largest mass of freshwater on Earth, containing 21% of the world's surface fresh water alone, and Chicagoans enjoy flocking to the beaches of Lake Michigan. Chicago has great beaches and anyone can show up and swim. There are no admission fees on the city's miles upon miles of beaches, and nearly the entire waterfront is open as public beach and parkland; what amounts to terrific planning by the city. The water is quite warm in the summer and early fall (check with the NOAA for temperatures [84]). The Chicago shore has been called the second cleanest urban waterfront in the world, and that's really saying something for a metropolitan area of nearly 10 million people. Bacteria levels in the water do force occasional closures, but they are very rare. Lifeguards will be posted when the beach is officially open.
Oak Street Beach and North Avenue Beach (in the Near North and Lincoln Park) are the fashionable places to sun-tan and be seen and are usually crowded due to their proximity to downtown and area hotels. Rogers Park, Edgewater, and 35th Street Beach allow visitors more individual space and an enjoyable vibe as well. Hyde Park's Promontory Point is beautiful, and offers skyline views from its submerged beach by the rocks, although a swim there is technically against city rules. Hollywood Beach in Edgewater is the main gay beach. Montrose Beach in Uptown is the city's largest beach and hosts a large dog beach and a full service, outdoor restaurant in addition to July 3 fireworks and a variety of live music events. A large bird sanctuary and one of the few hills in Chicago are also located near Montrose Beach.
Volleyball tournaments are occassionally held at Chicago beaches. The city has 33 beaches of various sizes within the city limits alone. There are additional beaches in the northern suburbs as well.
Parks
The Osaka Garden on Jackson Park's Wooded Isle
Where there are beaches, there are waterfront parks. During the summer months, the parks are a destination for organized and impromptu volleyball and soccer games, chess matches, and plenty more, with tennis and basketball courts dotted along the way.
There are also terrific parks goin inland. In the Loop, Grant Park hosts music festivals throughout the year, and Millennium Park is a fun destination for all ages, especially during the summer. In Hyde Park, Midway Park offers skating, and summer and winter gardens in the shadow of the academic giant, the University of Chicago, and Jackson Park has golf, more gardens and the legacy of the city's shining moment, the 1893 World's Colombian Exposition. In Bronzeville, Washington Park is one of the city's best places for community sports. And that's just a brief overview. Almost every neighborhood in Chicago has a beloved park.
Chicago is also in the development stages of creating the Bloomingdale Trail. This is a linear park in the sky. This elevated greenway, created from railroad right-of-ways and its viaducts, will be nearly 3 miles long, running through several Chicago neighborhoods, and complete with walking paths, bike lanes, benches, flowers and plants. This linear park over former rail lines will be the third such type in the entire world, after a nearly 3 mile long version in Paris, and a 1 mile long version in New York City.
Events & Festivals
If you're absolutely determined and you plan carefully, you may be able to visit Chicago during a festival-less week. It's a challenge, though. Most neighborhoods, parishes, and service groups host their own annual festivals throughout the spring, summer, and fall [85]. And the city has several in the winter. There are a few can't-miss city-wide events, though. In the Loop, Grant Park hosts Taste of Chicago in July, the largest outdoor food festival in the world; and there are four major music festivals: Blues Fest and Gospel Fest in June, Lollapalooza in August, and Jazz Fest in September. All but Lollapalooza are free. The Chicago-based music website Pitchfork Media also hosts their own annual three day festival of rock, rap, and more in the summer at Union Park on the Near West Side.
Sports
With entries in every major professional sports league and several universities in the area, Chicago sports fans have a lot to keep them occupied. The Chicago Bears play football at Soldier Field in the Near South from warm September to frigid January. Since the baseball teams split the city in half, nothing seizes the Chicago sports consciousness like a playoff run from the Bears. Aspiring fans will be expected to be able to quote a minimum of two verses of the Super Bowl Shuffle from memory, tear up at the mention of Walter Payton, and provide arguments as to how Butkus, Singletary, and Urlacher represent stages in the evolution of the linebacker, with supporting evidence in the form of grunts, yells, and fists slammed on tables.
The Chicago Bulls play basketball at the United Center on the Near West Side. They are an exciting team to watch, led by star Derrick Rose. The Chicago Blackhawks share quarters with the Bulls. As one of the "Original Six" teams in professional hockey, the Blackhawks have a long history in their sport, and the team is experiencing a renaissance after capturing the Stanley Cup in 2010 for the first time in 49 years and winning their second championship in four seasons in 2013. Home games for both teams tend to sell out, but tickets can usually be found if you check around. Both the Bulls and the Blackhawks play from the end of October to the beginning of April.
It's baseball, though, in which the tribal fury of Chicago sports is best expressed. The Chicago Cubs play at Wrigley Field ( It is the oldest National League ballpark and the second oldest active major league ballpark) on the North Side, in Lakeview, and the Chicago White Sox play at U.S. Cellular Field (Comiskey Park, underneath the corporate naming rights) on the South Side, in Bridgeport. Both franchises have more than a century's worth of history, and both teams play 81 home games from April to the beginning of October. Everything else is a matter of fiercely held opinion. The two three-game series when the teams play each other are the hottest sports tickets in Chicago during any given year. If someone offers you tickets to a game, pounce.
There are plenty of smaller leagues in the city as well, although some play their games in the suburbs. The Chicago Fire (Major League Soccer) and Chicago Red Stars (Women's Professional Soccer) play soccer in the suburb of Bridgeview, the Chicago Sky play women's professional basketball at the UIC Pavilion on the Near West Side, and the Windy City Rollers skate flat-track roller derby in neighboring Cicero. Minor league baseball teams dot the suburbs as well.
While college athletics are not one of Chicago's strong points, Northwestern football (in Evanston) and DePaul basketball (off-campus in Rosemont) show occasional signs of life. If you find yourself in Hyde Park, ask someone how the University of Chicago football team is doing — it's a surefire conversation starter.
Theater
The Gateway Theatre in Jefferson Park, seat of the Copernicus Foundation. The theater's Baroque spire is a replica of the Royal Castle in Warsaw.
Modern American comedy — the good parts, at least — was born when a group of young actors from Hyde Park formed The Compass Players, fusing intelligence and a commitment to character with an improvisational spark. One strand of their topical, hyper-literate comedy led, directly or indirectly, to Shelly Berman, Mike Nichols & Elaine May, Lenny Bruce, M*A*S*H and The Mary Tyler Moore Show; another strand, namely The Second City, led to Saturday Night Live and a pretty huge percentage of the funny movies and television of the last thirty years. Still in Chicago's Old Town (and few other places as well), still smart and still funny, Second City does two-act sketch revues followed by one act of improv. If you only see one show while you're in Chicago, Second City is a good choice.
Improvisational comedy as a performance art form is a big part of the Chicago theater scene. At Lakeview and Uptown theaters like The Annoyance Theater, I.O., and The Playground, young actors take classes and perform shows that range from ragged to inspired throughout the week. Some are fueled by the dream of making the cast of SNL or Tina Fey's latest project, and some just enjoy doing good work on-stage, whether or not they're getting paid for it (and most aren't). There's no guarantee that you'll see something great on any given night, but improv tends to be cheaper than anything else in town, and it can definitely be worth the risk. Another popular theater experience is the comedy/drama hybrid Too Much Light Makes The Baby Go Blind, offering 30 plays in 60 minutes every weekend in Andersonville.
Steppenwolf, in Lincoln Park, is Chicago's other landmark theater. Founded in 1976, they have a history of taking risks onstage, and they have the ensemble to back it up, with heavyweights like Joan Allen, John Malkovich, and Gary Sinise. Steppenwolf isn't cheap any more, but they mix good, young actors with their veteran ensemble and still choose interesting, emotionally-charged scripts. It's the best place in town to see modern, cutting-edge theater with a bit of "I went to..." name-drop value for the folks back home.
Most of the prestige theaters, including the Broadway in Chicago outlets, are located in the Loop or the Near North. Tickets are expensive and can be tough to get, but shows destined for Broadway like The Producers often make their debut here. For the cost-conscious, the League of Chicago Theatres operates Hot Tix[86], which offers short-notice half-price tickets to many Chicago shows.
One theater to see, regardless of the production, is The Auditorium in the Loop. It's a masterpiece of architecture and of performance space. Designed by Dankmar Adler and Louis Sullivan, who were on a commission from syndicate of local business magnates to bring some culture to the heathen city, it was the tallest building in Chicago and one of the tallest in the world at the time of its opening in 1889, and it's still an impressive sight, inside and out.
Bicycles
Chicago has a strong, passionate bicycle culture, and riding opportunities abound. Pedaling your way around the city is one of the best ways to get to know Chicago. And the terrain is mostly flat — a boon for easy-going cyclists! If you don't have a bike, that's no problem. Bobby's Bike Hike[87] has the official city concession, with a central bike rental location near Navy Pier, at the old North Pier at 465 N. McClurg Court. In June 2013, the Divvy bikeshare system [88] launched in Chicago. Tourists can buy a 24-hour pass that includes an unlimited number of 30-minute rides for $7.
The scenic Lakefront Trail runs for 18 continuous miles along the city's beautiful shoreline, from Hollywood Beach in Edgewater to the magnificent South Shore Cultural Center. Even while riding at a moderate pace, traveling downtown along the lakefront can be faster than driving or taking the CTA! If you're starting from downtown, you'll be at the approximate midpoint of the trail. Head south if you want a speed workout with fewer crowds, or north to see more of the locals at play.
Further inland, many streets have bike lanes, and signs direct riders to major bike routes. The City of Chicago maintains helpful bicycle resources online[89], including major civic bike events and (slow) interactive maps of major streets with bike lanes.
Bicyclists have to follow the same "rules of the road" as automobiles (stop at red lights and stop signs, etc). Bicycle riding is not allowed on sidewalks (except for children under age 12). This rule is strictly enforced in higher density neighborhoods, mostly areas near the lake, and is considered a criminal misdemeanor offense. You must walk your bike on the sidewalk.
CTA buses are all equipped with front bike racks, which carry up to two bicycles, and 'L' trains permit two bicycles per car except during rush hour (roughly 7-9:30AM and 3:30-6:30PM weekdays, excluding major holidays on which the CTA is running on a Sunday schedule). With the buses, inspect the rack closely for wear or damage and be absolutely certain that the bike is secured before you go, lest it fall off in traffic (and be immediately flattened by the bus). The CTA will fight tooth and nail to avoid reimbursing you for the loss, and the driver might not stop to let you retrieve it.
Bikes may be rented from the North Avenue Beach House (Lincoln Park), Navy Pier, (Near North), the Millennium Park bike station (Loop), and from several bike shops in the city. Another option is to contact the terrific Working Bikes Cooperative[90], an all-volunteer group of bike lovers that collects and refurbishes bikes, and then sells a few in Chicago to support their larger project of shipping bikes to Africa and South America. You could buy a cheap bike and donate it back when you're done, or even spend a day or two working as a volunteer.
For an opportunity to connect with the local bike community and take a memorable trip through the city, don't miss the Critical Mass[91] rides on the last Friday of every month, starting from Daley Plaza in the Loop (5:30PM). With numbers on their side, the hundreds or even thousands of bike riders wind up taking over entire streets along the way, with themed routes that are voted upon at the outset of the trip. Anyone is free to join or fall away wherever they like. Police are generally cooperative — take cues from more experienced riders.
Learn
Several major and minor universities call Chicago home. The University of Chicago and Northwestern University are undoubtedly the most prestigious among them. The University of Chicago's Gothic campus is in Hyde Park, which is, famously, "home to more Nobel Prizes per square kilometer than any other neighborhood on Earth." Further north, in the Bronzeville area, is the Illinois Institute of Technology, which has notable programs in engineering and architecture. Northwestern University has its main campus in Evanston, just north of Chicago, but it also has campuses in the Near North off Michigan Ave, including its medical, law, and business schools.
On the North Side, there are two major Catholic universities with over a hundred years in Chicago: DePaul University, in Lincoln Park, and Loyola University, in Rogers Park. Both schools also have campuses in the Loop. Rush University Medical School, on the Near West Side, traces its roots back even further, to 1837. Dating back to 1891, North Park University serves as another fine private liberal arts university in Albany Park on the Northwest Side.
A handful of schools in the Loop attract students in the creative arts. Columbia College has an enviable location on Michigan Avenue, and its programs in film are continually noted as one of the top in the nation, along with its programs in creative writing and photography which are also are well-regarded. The School of the Art Institute is generally regarded as one of the top three art and design schools in the country and is one of the few art schools that does not require its students to declare majors. The Illinois Institute of Art specializes in different fields of art and design, with a top-notch culinary program. The main campus of Roosevelt University, former home to Chicago heavyweights like Harold Washington and Ramsey Lewis, is in the Auditorium Theatre building.
To the west of the Loop, built over the remains of Little Italy and Maxwell Street neighborhoods is the brutalist Near West Side campus of the University of Illinois at Chicago (UIC), the second-largest member of the Illinois state university system.
Work
Chicago still loves Carl Sandburg and his poems, but the city shucked off the hog butcher's apron a long time ago. In terms of industry, there's little that distinguishes Chicago from any other major city in America, save for size. The Chicago Board of Trade[93] and Chicago Mercantile Exchange[94] are among the biggest employers, with stables of traders and stock wizards. Boeing[95] moved its headquarters to Chicago amid much fanfare a few years ago; United Airlines[96], Abbott Laboratories[97], and AbbVie[98] are other international companies with headquarters in town. The Big Five consulting firms all have one or more offices in the Loop. And there's always construction work in the city; the city has a strong union presence.
For younger workers, the museums in the downtown area are always looking for high-enthusiasm guides, and the retail outlets on the Magnificent Mile and State Street are also good options. And with so many colleges and universities in the city, study abroad opportunities abound.
Buy
Whatever you need, you can buy it in Chicago, on a budget or in luxury. The most famous shopping street in Chicago is a stretch of Michigan Avenue known as The Magnificent Mile, in the Near North area. It includes many designer boutiques, and several multi-story malls anchored by large department stores like 900 N Michigan and Water Tower Place. Additional brands are available from off-strip shops to the south and west of Michigan.
State Street used to be a great street for department stores in the Loop, but it's now a shadow of its former self, with Carson Pirie Scott's landmark Louis Sullivan-designed building now a Target store, and invading forces from New York holding the former Marshall Field's building hostage under the name Macy's (Most locals still insist that it is "Marshall Field's"). Even Filene's Basement, the famous discount location, is now closed, though a few other discount shops persist.
For a classic Chicago souvenir, pick up a box of Frango Mints, much-loved mint chocolates that were originally offered by Marshall Field's and are still available at Macy's stores. Although no longer made in the thirteenth-floor kitchen of the State Street store, the original recipe appears to still be in use, which pleases the loyal crowds fond of the flavor — and too bad for anyone looking to avoid trans-fats.
However, for a more unique shopping experience, check out the fun, eclectic stores in Lincoln Square, or the cutting-edge shops in Bucktown and Wicker Park, which is also the place to go for music fiends — although there are also key vinyl drops in other parts of the city as well. Southport in Lakeview and Armitage in Lincoln Park also have browser-friendly fashion boutiques.
For art or designer home goods, River North is the place to go. Centered between the Merchandise Mart and the Chicago Avenue Brown Line "L" stop in the Near North, River North's gallery district boasts the largest arts and design district in North America outside of Manhattan. The entire area is walkable and makes for fun window-shopping.
Goods from around the world are available at the import stores in Chicago's many ethnic neighborhoods; check See for descriptions and district articles for directions.
If you are the type that loves to browse through independent bookstores, Hyde Park has a stunning assortment of dusty used bookstores selling beat-up-paperbacks to rare 17th century originals, and the world's largest academic bookstore. Printer's Row in the Near South is also a great stop for book lovers.
Groceries and other basics
The major supermarket chains in Chicago are Jewel, Mariano's, Food 4 Less, Aldi, Whole Foods Market, and Trader Joe's. In addition the nation's three largest discount store chains Walmart, Target, and Kmart have several stores in Chicago as well. 7-Eleven convenience stores are usually found every couple of blocks and are always open 24-7, but have limited selection and high prices. The Walgreens drug store chain which is based in the city are also ubiquitous throughout Chicago with many locations open twenty four hours a day.
Due to its huge expat and immigrant population, Chicago also features a large variety of ethnic grocery stores, including Indian, Pakistani, Chinese, Korean, Vietnamese, Polish, and Mexican.
Eat
Chicago's love affair with Polish sausages runs deep. As Hyde Park is to academics, and Near North is to department stores, so Avondale is to Polish sausages. Cavernous delis line the streets here, particularly up Milwaukee Avenue
Chicago is one of the great restaurant towns in America. If you're looking for a specific kind of cuisine, check out the neighborhoods. Greektown, the Devon Ave Indian corridor, Chinatown, and Chatham's soul food and barbecue are just the tip of the iceberg. Other areas are more eclectic: Lincoln Square and Albany Park have unrivaled Middle Eastern, German, and Korean food, while Uptown offers nearly the whole Southeast Asian continent with Ghanaian, Nigerian, contemporary American, stylish Japanese, and down-home Swedish a few blocks away.
If you're interested in celebrity chefs and unique creations, Lincoln Park and Wicker Park have plenty of award-winners. River North has several good upscale restaurants, but don't waste your time on tourist traps like Rainforest Cafe, Cheesecake Factory, or the Hard Rock Cafe. In fact, you should never submit to standing in line — there are always equally good restaurants nearby. No matter what you enjoy, you'll have a chance to eat well in Chicago, and you won't need to spend a lot of money doing it — unless you want to, of course.
But while Chicago has a world class dining scene downtown, it is the low-end where it truly distinguishes itself. No other city on earth takes fast food so seriously; for those who don't concern themselves with calorie counting, Chicago is cheap, greasy heaven. Head northwest and you'll find sausage shops and old-style Polish restaurants that carry on as if health food and celebrity chefs never happened in Jackowo- Chicago's Polish Village, as well as at Belmont-Central- an Eastern European culinary heaven. The suburb of Des Plaines on the northwest side of the city near O'Hare is where you can find the world's first McDonalds, or as locals like to say: The Birth of American Obesity. Quite a few other local "culinary specialties" in particular deserve further description.
Chicago pizza
Chicago's deep dish pizza is incredible
Chicago's most prominent contribution to world cuisine might be the deep dish pizza. Delivery chains as far away as Kyoto market "Chicago-style pizza," but the only place to be sure you're getting the real thing is in Chicago. To make a deep dish pizza, a thin layer of dough is laid into a deep round pan and pulled up the sides, and then meats and vegetables — Italian sausage, onions, bell peppers, mozzarella cheese, and more — are lined on the crust. At last, tomato sauce goes on top, and the pizza is baked. It's gooey, messy, not recommended by doctors, and delicious. When you dine on deep dish pizza, don't wear anything you were hoping to wear again soon. Some nationally-known deep dish pizza hubs are Pizzeria UNO and DUE, Gino's East, Giordano's, and Lou Malnati's, but plenty of local favorites exist. Ask around — people won't be shy about giving you their opinion.
But deep dish is not the end of the line in a city that takes its pizza so seriously. Chicago also prides itself on its distinctive thin-crust pizza and stuffed pizzas. The Chicago thin crust has a thin, cracker-like, crunchy crust, which somehow remains soft and doughy on the top side. Toppings and a lot of a thin, spiced Italian tomato sauce go under the mozzarella cheese, and the pizza is sliced into squares. If you are incredulous that Chicago's pizza preeminence extends into the realm of the thin crust, head south of Midway to Vito and Nick's, which is widely regarded among local gourmands as the standard bearer for the city.
The stuffed pizza is a monster, enough to make an onlooker faint. Start with the idea of a deep dish, but then find a much deeper dish and stuff a lot more toppings under the cheese. Think deep-dish apple pie, but pizza. Allow 45 minutes to an hour for pizza places to make one of these and allow 3-4 extra notches on your belt for the ensuing weight gain. Arguably the best stuffed pizza in town is at Bella Bacino's in the Loop, which somehow is not greasy, but other excellent vendors include Giordano's, Gino's, and Edwardo's.
The Chicago hot dog
A charred Chicago-style hot dog with all the trappings
This may come as a surprise to New Yorkers, but the Chicago hot dog is the king of all hot dogs — indeed, it is considered the perfect hot dog. Perhaps due to the city's history of Polish and German immigration, Chicago takes its dogs way more seriously than the rest of the country. A Chicago hot dog is always all-beef (usually Vienna beef), always served on a poppy-seed bun, and topped with what looks like a full salad of mustard, diced tomatoes, a dill pickle spear, sport (chili) peppers, a generous sprinkling of celery salt, diced onion, and a sweet-pickle relish endemic-to-Chicago that is dyed an odd, vibrant bright-green color. It's a full meal, folks.
Ketchup is regarded as an abomination on a proper Chicago-style hot dog. Self-respecting establishments will refuse orders to put the ketchup on the dog, and many have signs indicating that they don't serve it; truly serious hot dog joints don't even allow the condiment on the premises. The reason for Chicago's ketchup aversion is simple — ketchup contains sugar, which overwhelms the taste of the beef and prevents its proper enjoyment. Hence, ketchup's replacement with diced tomatoes. Similarly, Chicagoans eschew fancy mustards that would overwhelm the flavor of the meat in favor of simple yellow mustard. And for the hungry visiting New Yorkers, the same goes for sugary sauerkraut — just no.
At most hot dog places, you will have the option to try a Maxwell Street Polish instead. Born on the eponymous street of the Near West Side, the Polish is an all-beef sausage on a bun, with fewer condiments than the Chicago hot dog: usually just grilled onions, mustard, and a few chili peppers.
In a tragic, bizarre twist of fate, the areas of Chicago most visited by tourists (i.e., the Loop) lack proper Chicago hot dog establishments. If you are downtown and want to experience a Chicago hot dog done right, the nearest safe bet is Portillo's. Although, if you're up for a little hot dog adventure, you can eat one right at the source, at the Vienna Beef Factory deli. Sadly, both baseball parks botch their dogs, although the 2011 return of Vienna Beef as the official hot dog of Wrigley Field is a step in the right direction.
Italian Beef
The Italian Beef sandwich completes the Chicago triumvirate of tasty greasy treats. The main focus of the sandwich is the beef, and serious vendors will serve meat of a surprisingly good quality, which is slow-roasted, and thinly shaved before being loaded generously onto chewy, white, Italian-style bread. Two sets of options will come flying at you, so prepare yourself: sweet peppers or hot, and dipped or not. The "sweet" peppers are sautéed bell peppers, while the hots are a mixed Chicago giardiniera. The dip, of course, is a sort of French dip of the sandwich back into the beef broth. (Warning: dipped Italian Beefs are sloppy!) If you are in the mood, you may be able to get an Italian Beef with cheese melted over the beef, although travelers looking for the "authentic Italian Beef" perhaps should not stray so far from tradition.
The Italian Beef probably was invented by Italian-American immigrants working in the Union Stockyards on the Southwest Side, who could only afford to take home the tough, lowest-quality meat and therefore had a need to slow-roast it, shave it into thin slices, and dip it just to get it in chewable form. But today the sandwich has found a lucrative home downtown, where it clogs the arteries and delights the taste buds of the Chicago workforce during lunch break. Some of the city's favorite downtown vendors include Luke's Italian Beef in the Loop and Mr. Beef in the Near North, while the Portillo's chain is another solid option.
Four fried chickens and a coke...
With the Great Migration came much of what was best about the South: blues, jazz, barbecue — but following a legendary meal at which a young, hungry Harold Pierce saw the last piece of bird flee his grasp into the mouth of the local preacher, Harold made it his mission to add fried chicken to that prestigious list, and to ensure that no South Side Chicagoan ever run out.
Harold's Chicken Shack, a.k.a. the Fried Chicken King, is a South Side institution like no other. The Chicago-style fried chicken is considered by many connoisseurs to be some of the nation's best (certainly in the North), and it is fried in a home-style mix of beef tallow and vegetable oil, then covered with sauce (hot or mild). Crucially, it is always cooked to order — ensuring that essential layer of grease between the skin and the meat. A half chicken meal can come as cheap as $4 and includes coleslaw, white bread, and sauce-drenched fries — make like a local and wrap the fries in the bread.
Initially, the fried chicken chain spread throughout black neighborhoods, which were ignored by other fast food chains, but in later years the franchise has extended its greasy fingers to the West and North Sides, as well as downtown. While chances are you will not find better fried chicken outside of Harold's walls, the quality, pricing, and character vary between individual locations. Your safest bets are on the South Side — if you are served through bullet-proof glass under signs bearing a chef chasing a chicken with a hatchet, rest assured you are getting the best.
Drink
Chicago is a drinking town, and you can find bars and pubs in every part of the city. It is believed that Chicago has the second highest bars-per-capita in the U.S. (after San Francisco). Unlike many other big cities where the hottest clubs are sought after, Chicago locals much prefer the dive bars and many don't seem to particularly like staying in one place. Most areas that thrive on the bar culture do so for the variety, and bar hopping is the norm. Grab a drink or two, then try the place next door. It is all about variety. Be prepared to be asked for identification to verify your age, even at neighborhood dive bars. Smoking is banned in Chicago bars (and restaurants).
The best places to drink for drinking's sake are Wicker Park and neighboring Logan Square and Bucktown, which have a world-class stock of quality dive bars and local craft breweries, although these two areas can be difficult to reach via public transportation. These two areas are where the majority of Chicago's Hipsters live, with the effect that most of the bars are considered Hipster Bars. North Center and Roscoe Village are also a great (and underrated) destination for the art of the beer garden. Just to the West of the Addison CTA Red Line stop and near Wrigley Field in Lakeview is the Wrigleyville area with bars that are popular with twenty-somethings. These bars are crowded on weekends and whenever the Cubs are playing. One block to the East of the Addison stop on Halsted Street, is the center of Chicago's Gay community, known as Boystown. Boystown centers around Halsted street and stretches from Belmont in the South to Irving Park in the North. This area is filled with trendy shops, bars, clubs, and restaurants. Boystown can is busy most nights of the week and is surprisingly lively on Sundays. Just to the south, Lincoln Park has bars and beer gardens to indulge those who miss college, and some trendy clubs for the neighborhood's notorious high-spending Trixies.
Ill-informed tourists converge upon the nightclubs of Rush and Division St. The city's best DJs spin elsewhere, the best drinks are served elsewhere, and the cheapest beers are served elsewhere; the hottest of-the-moment clubs and in-the-know celebrities are usually elsewhere, too. For the last few years the West Loop's warehouse bars were the place to be, but more recently the River North neighborhood has been making a comeback. Still, the Rush/Division bars do huge business. This area includes the "Viagra Triangle," where Chicago's wealthy older men hang out with women in their early 20s. Streeterville, immediately adjacent, exchanges the dance floors for high-priced hotel bars and piano lounges.
Although good dance music can be found in Wicker Park and the surrounding area, the best places to dance in the city are the expensive see and be seen clubs in River North and the open-to-all (except perhaps bachelorette parties) clubs in gay-friendly Boystown, which are a lot of fun for people of any sexual orientation, Halsted St in boystown has many LGBT bars and nightclubs, for every age and type of music, take the redline train and get off at belmont station.
Jazz and Blues
See The Jazz Track for a wealth of information about current and historic jazz clubs in Chicago.
The Lower Mississippi River Valley is known for its music; New Orleans has jazz, and Memphis has blues. Chicago, though located far away from the valley, has both. Former New Orleans and Memphis residents brought jazz and blues to Chicago as they came north for a variety of reasons: the World's Columbian Exposition of 1893 brought a lot of itinerant musicians to town, and the city's booming economy kept them coming through the Great Migration. Chicago was the undisputed capital of early jazz between 1917-1928, wih masters like Joe King Oliver, Louis Armstrong, Jimmie Noone, Johnny Dodds, Earl Hines, and Jelly Roll Morton. Most of Chicago's historic jazz clubs are on the South Side, particularly in Bronzeville, but the North Side has the can't-miss Green Mill in Uptown.
The blues were in Chicago long before the car chase and the mission from God, but The Blues Brothers sealed Chicago as the home of the blues in the popular consciousness. Fortunately, the city has the chops to back that up. Maxwell Street[99] (Near West Side) was the heart and soul of Chicago blues, but the wrecking ball, driven by the University of Illinois at Chicago, has taken a brutal toll. Residents have been fighting to save what remains. For blues history, it doesn't get much better than Willie Dixon's Blues Heaven Foundation (Near South), and Bronzeville, the former "Black Metropolis," is a key stop as well. Performance venues run the gamut from tiny, cheap blues bars all over the city to big, expensive places like Buddy Guy's Legends (Loop) and the original House of Blues (Near North).
But don't let yourself get too wrapped up in the past, because Chicago blues is anything but. No other city in the world can compete with Chicago's long list of blues-soaked neighborhood dives and lounges. The North Side's blues clubs favor tradition in their music, and are usually the most accessible to visitors, but offer a slightly watered down experience from the funkier, more authentic blues bars on the South and Far West Sides, where most of Chicago's blues musicians live and hang. If one club could claim to be the home of the real Chicago blues, Lee's Unleaded Blues in Chatham-South Shore would probably win the title. But there are scores of worthy blues joints all around the city (many of which are a lot easier to visit via public transport). A visit to one of these off-the-beaten-path blues dives is considerably more adventurous than a visit to the touristy House of Blues, but the experiences born of such adventures have been known to reward visitors with a life-long passion for the blues.
Although playing second fiddle to the blues in the city's collective consciousness, jazz thrives in Chicago, too, thanks in no small part to members of the Association for the Advancement of Creative Musicians (AACM) and their residencies at clubs like The Velvet Lounge and The Jazz Showcase (both of which see regular national acts) (Near South), The New Apartment Lounge (Chatham-South Shore) and The Hideout (Bucktown), with more expensive national touring acts downtown at The Chicago Theater (Loop). If you are staying downtown, the Velvet Lounge will be your best bet, as it is an easy cab ride, and its high-profile performances will rarely disappoint.
Fans should time their visits to coincide with Blues Fest in June, and Jazz Fest over Labor Day Weekend. Both take place in Grant Park (Loop).
Concerts
Wicker Park and Bucktown are the main place to go for indie rock shows: the Double Door and the Empty Bottle are the best-known venues, but there are plenty of smaller ones as well. In Lakeview, the Metro is a beloved concert hole, with Schubas, Lincoln Hall, The Vic, and the Abbey Pub nearby (the latter on the Far Northwest Side). Other mid-sized rock, hip-hop and R&B shows take place at the Riviera and the awesome Aragon Ballroom in Uptown. The Near South has become an underrated destination for great shows as well.
The legendary Chicago Theater
The Park West in Lincoln Park has light jazz, light rock, and other shows you'd sit down for; so does Navy Pier (Near North), particularly in the summer. The venerable Chicago Theater in the Loop is better-known for its sign than for anything else, but it has rock, jazz, gospel, and spoken-word performances by authors like David Sedaris. The world-renowned Chicago Symphony Orchestra (CSO) is the main bulwark in the city for classical and classy jazz, with occasional curve-balls like Björk. You'll find musicians from the CSO doing outreach all over the city, along with their counterparts at the Lyric Opera. Both are in the Loop.
A few big concerts are held at the UIC Pavilion, the Congress Theater, and the United Center on the Near West Side every year, and some huge concerts have taken place at Soldier Field (Near South). The Petrillo Bandshell in Grant Park and the Pritzker Pavilion in Millennium Park, both in the Loop, tend to host big, eclectic shows and festivals in the summer, which are sometimes free.
Otherwise, most big shows are out in the suburbs, primarily at the Allstate Arena and the Rosemont Theater in Rosemont, the Sears Centre in Hoffman Estates, the First Midwest Bank Amphitheatre in Tinley Park, Star Plaza in Indiana, and the Alpine Valley Music Theater over the Wisconsin border in Elkhorn. You'll also have to head out to the suburbs for Ravinia, which features upscale classical, jazz, and blues outdoors throughout the summer. See Chicagoland for details on suburban venues.
Sleep
Chicago hosts many major conventions each year and has plenty of places to stay. The majority are either at O'Hare Airport or downtown in the Loop and the Near North (near the Magnificent Mile). If you want to explore the city, aim for downtown — a hotel near O'Hare is good for visiting one thing and one thing only, and that's O'Hare (although the CTA Blue Line is walking distance from most of them, so access to the city is easy, aside from 30 minutes). However, if you have a specific interest in mind, there are hotels throughout the city, and getting away from downtown will give you more of a sense of other neighborhoods. You'll appreciate that if you're in town for more than a couple of days. Make sure that where you're staying is within your comfort level before committing to stay there, though. More far flung transient hotels will be suitable for those seeking to relive Jack Kerouac's seedy adventures around the country, but may alarm and disgust the average traveler.
Budget-priced places are usually pretty far from the Loop, so when you're booking, remember that Chicago is vast. Travelers on a budget should consider accommodations away from the city center which can be easily reached via any of the several CTA train lines. There is a hostel in the Loop and three others near the universities in Lincoln Park,Rogers Park and in Wicker Park, all of which are interesting neighborhoods in their own right, and close to the L for access to the rest of the city. For deals on mid-range hotels, there are good options far out from the center by Midway and in North Lincoln.
Wyndham Grand Chicago Riverfront',71 East Wacker Drive, Chicago, IL, 60601, phone 1-312-346-7100, Formaly Hotel 71, this hotel is located near the intersection of Michgan Avenue and Wacker Drive. Near The Loop and the Magnificent Mile. On site restaurant and an event room that can seat 250 people. Rates $129 and above.
Courtyard Chicago Downtown Magnificent Mile, 165 E Ontario Street, ☎312-573-0800, [20]. checkin: 3pm; checkout: 12pm. With spectacular shopping, world-class museums, dynamic corporations and breathtaking architecture, the Windy City has it all and this hotel is located right in the heart of everything!
Stay safe
Chicago is a big city with big city problems. The majority of the city's violent crimes occur within in localized pockets, mostly in the West and South Sides, and most are restricted to gang violence. Nonetheless, the city's level of crime means that tourists should exercise caution, especially in the most affected areas. In general, common sense will keep you safe: know where you go every time you set out, avoid unfamiliar side streets (especially at night), stick to busy routes, and keep a $20 bill hidden for cab fare if you are stuck or feel unsafe.
Beggars or homeless persons almost never pose any kind of problem. Most are either holding up a sign asking for some type of assistance or actively solicit you for spare change. If you ignore them, they will ignore you. Some sell a local newspaper called Streetwise to make a living. These people will be wearing a badge of some kind to indicate they sell the newspaper and they get to keep a portion of the profits that they make. If you feel generous, those selling Streetwise are your best bet.
Dress appropriately for the weather. Chicago's winter is famously windy and cold, so cover exposed skin and wear layers in the winter, but heat exhaustion is an equal risk in the summer months, especially July and August. Stay off the road during a snowstorm. Chicago's streets and sanitation department generally does a good job clearing the major roads in the center of the city, but the neighborhoods can take longer, and the construction-littered expressways are anyone's guess.
Respect
Chicago has a reputation of being a segregated city, yet this image has finally started to erode somewhat. In many ways, it is like any other city: What may be okay behavior on one side of the city may get you into trouble on another side of the city. Homosexuality, accepted through downtown and the North Side, and parts of the South Side, may not be as well received elsewhere.
There are many neighborhoods in Chicago where various races live in harmony, and race isn't an issue whatsoever. There are also neighborhoods that are mainly white, black, or latino and outsiders may be looked at with a curious eye.
Chicagoans in general, however, are not social people, especially with strangers, and trying to interact with them can get you in trouble, especially in the middle and far suburbs of the metropolitan area.
Contact
Internet
The first Internet cafe in the United States was opened in Chicago, but they never really caught on here. There are still a few, though; check individual district articles. If you have a computer with you, free wireless Internet access is now standard-issue at coffee shops throughout the city including major ones like Starbucks. Most hotels above the transient level offer free Wi-Fi, too.
The good news is that all branches of the Chicago Public Library system offer free internet access, via public terminals and free, password-free, public wireless. If you do not have a Chicago library card, but you have a photo ID that shows you do not live in Chicago, you can get a temporary permit from the library information desk. (If you are from Chicago and don't have a library card, though, all you can get is a stern look and a brief lecture on how Chicagoans need to support the library system.) The most centrally located branch is the giant Harold Washington Library in the Loop, but there are branch libraries in every part of the city — again, see individual district articles. Only Harold Washington and the two regional libraries (Sulzer and Woodson) are open on Sundays.
Telephones
312 was the area code for all of Chicago for a long time; it's still the code of choice for the Loop, and most of the Near North and Near South. 773 surrounds the center, covering everything else within city limits.
Cope
Publications
The Chicago Tribune (The Trib), [21]. The Tribune is Chicago's oldest daily, recently converted into a tabloid format for newsstand purchases. New ownership has shed much of the Trib's former prestige with a debt-leveraged purchase and forced bankruptcy, widespread staff layoffs, and an ill-advised redesign.
The Chicago Sun-Times, [22]. The Sun-Times is Chicago's other "major" newspaper. It has a long-standing reputation for aggressive (some might say "sensationalist") investigative journalism. It has also been teetering on the verge of oblivion for some time.
The Redeye, [23]. Redeye is a free weekdays-only newspaper produced by the Tribune. Although its covers appear to report from some parallel universe where topics like sandwiches and being tired at work are the top stories of the day, it does have basic news coverage inside along with entertainment gossip.
The Chicago Defender, [24]. The Defender is Chicago's biggest African-American daily, and it played a major role in the city's African-American history. Its distribution network today is comparatively small, though.
The Chicago Reader, [26]. The Reader is a free weekly newspaper distributed throughout the city each Wednesday. It includes extensive listings of arts, music, and events. Nobody knows more about Chicago than the Reader, but it's definitely oriented toward locals.
Crain's Chicago Business, [27]. Crain's is a long-standing weekly newspaper covering the Chicago area business community, with a dash of politics and lifestyle — definitely worth a look if you're in town on business.
New City, [28]. New City is a free weekly alternative arts and entertainment magazine, distributed every Wednesday. Event listings and local content are skimpy, but it is free.
Time Out Chicago, [29]. Time Out produces a weekly magazine available at most newsstands and bookstores. Its listings for events, bars, and restaurants are by far the most comprehensive and easiest to use for visitors to the city.
The Daily Herald. The Daily Herald is wide serving suburban newspaper based in Arlington Heights, a Chicago suburb.
Religious services
The spectacular Bahá'í Temple
There are places of worship all over the city; the front desk of your hotel will almost certainly be able to direct you to one nearby. If not, though, the following are centrally located in either the Loop or the Near North, unless otherwise noted.
For churches of specific Orthodoxies, check in neighborhoods that feature communities with ties to that region. There's a majestic Orthodox church in Ukrainian Village, for example. Evangelical Christian ministries are mostly on the South Side, with some historic churches in Bronzeville. For the Baha'i faith, visit the Baha'i Temple in Wilmette, easily accessible by the CTA Purple Line.
Holy Name Cathedral, 735 N State St (Chicago Red Line), [40]. Open for private prayer or reflection from 5:30AM-7PM. Flagship of the Roman Catholic Archdiocese of Chicago. Sunday Masses at 7AM, 8:15AM, 9:30AM (incl. sign language), 11AM, 12:30PM, and 5:15 PM. See website for Saturday, weekdays, and Holy Days schedules, as well as other sacraments.
Get out
Chicago Suburbs
Forest preserves are prevelant on the far north, northwest, and southwest sides, and into the nearby Chicagoland suburbs. They are excellent for biking, jogging, picnics, and various outdoor activities.
Toyota Park in Bridgeview, IL is an outdoor stadium that hosts several sporting events and concerts including the Chicago Fire of Major League Soccer. It is located on Harlem Avenue south of the Stevenson Expressway/Interstate 55. An express bus runs from the Midway station on the CTA Orange Line on event days.
The Brookfield Zoo, which is Chicagoland's other world-class zoo, is loacted in nearby Brookfield, IL. Though not accessible via the CTA, the Hollywood station on METRA's Burlington Northern line is 2 blocks away. It is located on 31st Street close to the Eisenhower Expressway/Interstate 290.
Evanston is over the northern border of Chicago. In addition to Northwestern University, the city has a vibrant downtown area, some historical homes scattered about, and a lovely lakefront. Just beyond that is Wilmette, with the fascinating Baha'i Temple. Both suburbs are accessible via the CTA Purple Line.
The Chicago Botanic Garden in Glencoe, IL is a 385 acre garden featuring 25 display gardens, four natural habitats, and 2.5 million plants. Though not accessible by the CTA, the Braeside station along METRA's Union Pacific North line is nearby. It is located on Lake Cook Road near the Edens Expressway/Interstate 94 and US Route 41.
In the same category as the Chicago Botanic Garden is the Morton Arboretum in western suburb of Lisle, IL. It hosts over 186,000 catalogued plants, the largest restored Prairie in Chicagoland, 16 miles (26 km) of hiking trails and nine miles (14 km) of roadways for driving/bicycling on 1700 acres. The Lisle station on METRA's Burlington Northern line is about 2 miles away. It is located on IL Route 53 near the Reagan Tollway/Interstate 88.
Naperville has a wonderful and trendy downtown area. It boasts numerous restaurants, shops, and a riverwalk. It is located on The Reagan Tollway/Instertate 88 or near the Naperville Station on METRA's Burlington Northern line.
Oak Park was the home of architecture legend Frank Lloyd Wright. The village boasts many houses that were designed by him and his home and studio are now a museum. Walking tours to see his designs are a must for anyone who appreciates architecture. The museum and beautiful downtown Oak Park are loacted near the Oak Park CTA Green Line station or not too far from the Eisenhower Expressway/Interstate 290.
Ravinia is the summer home of the Chicago Symphony Orchestra. The arts and crafts style architecture coupled with a dazzling array of acts make this a classic summer destination for Chicagoans and tourists. Bring food, a blanket, wine, and a citronella candle; buy anything you forgot on-site. The Ravinia Park station on METRA's Union Pacific North line stops at the park gates and a return train waits for late-ending concerts. It is located on Half-Day Road about a mile from the Edens Expressway/Interstate 94 and US Route 41.
Elsewhere in Illinois
Six Flags Great America has the biggest and wildest roller coasters in Illinois. It is located off of Interstate 94 in Gurnee.
Historic Galena, is great for hiking, sightseeing, and antiquing. Drive here in just over 3 hours via Interstate 90 and US Route 20.
Peoria is in some ways a miniature Chicago. It is located about about 3 hours southwest of Chicago via Interstates 55 and 74.
Springfield is the Illinois state capital and a city closely tied to Abraham Lincoln. This final resting place of the 16th president of the United States is located about 3 1/2 hours south of Downtown Chicago on Interstate 55.
Starved Rock State Park, defined by its numerous canyons and waterfalls, sits on over 2600 acres. It is located near the junction of Interstates 39 and 80, about 2 hours southwest of Downtown Chicago.
The Quad Cities bridge the Mississippi River forming a unique metropolitan area on the border of Iowa and Illinois. They sit about 3 hours west of Downtown Chicago on Interstates 80 and 88.
Indiana
The Indiana Dunes are a moderate drive away, and are also accessible via the South Shore commuter rail. If you've enjoyed the beaches in Chicago, you owe the Indiana Dunes a stop — that's where all the sand came from. Taking the Skyway/Interstate 90 to the Indiana Toll Road is the easiest way to visit.
Gary is just over the border on the Skyway, with a skyline that rivals Chicago's for strength of effect — industrial monstrosity, in this case — with casinos, urban ruins, and a few entries by Prairie School architects Frank Lloyd Wright and George Maher. You can drive to Gary on the Indiana Toll Road/Interstates 80/90.
South Bend is about a two hour drive to the east or a simple ride on the South Shore from Millennium Station. It is most famous as the home of the University of Notre Dame but also has a history as the location of former automobile manufacturer Studebaker. Another half an hour drive east to Elkhart County will land you in Northern Indiana Amish country. Both are accessible via the Indiana Toll Road/Interstates 80/90. The South Shore terminates at the South Bend Airport.
Indianapolis is about a three hour drive southeast of Chicago and is worth a visit if you have time. Just follow Interstate 94 to Interstate 65.
Also just over the Skyway (before you reach Gary) is East Chicago's bizarre 19th century planned community, Marktown, which looks like a small English village totally incongruous with the gigantic steel mills and the world's largest oil refinery which surround it.
Michigan
Further along the lake from the Indiana Dunes are Michigan's dunes and summer resorts in Harbor Country. Keep your eyes open because notables such as former Mayor Richard M. Daley, University of Chicago President Robert Zimmer, and others summer here. This region, well-known for its wineries and fresh fruit, is about an hour and a half drive from Chicago on Interstate 94.
Saint Joseph & Benton Harbor are two towns about 2 hours northeast of Chicago. St. Joseph sits on a bluff that overlooks Silver Beach State Park and Lake Michigan. The view will knock your socks off - especially at sunset. St. Joseph has numerous shops and various festivals throughout the summer. It is easily accessible via Interstate 94.
Detroit has many of Chicago's most hated sports rivals. Although it has fallen on hard times, it has a musical and architectural heritage comparable to the Windy City. It is a little over 4 hours away on, you guessed it, Interstate 94.
Wisconsin
Lake Geneva, across the Wisconsin border, is the other big summer getaway. Nearby are the Kettle Moraine state parks, with good mountain biking.
Madison is located about two and half hours from Chicago on I-90 and via Van Galder buses. It is a vibrant city home to the giant University of Wisconsin and is known for its lively downtown, thriving culture, and beautiful scenery.
Milwaukee and its venerable breweries are less than two hours from Chicago on I-94, via Amtrak, and by intercity bus services.
Spring Green is an easy weekend trip from Chicago, about three and a half hours from town on I-90. It's the home of two unique architectural wonders: Frank Lloyd Wright's magnificent estate Taliesin, and Alex Jordan's mysterious museum The House on the Rock.
The Wisconsin Dells are another (wet) summer fun destination, just three hours north of the city by car (I-90/94), also accessible by Amtrak train.
Cedarburg is a popular festival town with a charming downtown featured on the National Register of Historic Places. It is located 20 miles north of downtown Milwaukee. Take 1-94 to Milwaukee and continue north on I-43.
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Pavlo Khazan
Pavlo Khazan is a Ukrainian ecologist, who was elected vice-chair of the Green Party of Ukraine in March 2009. He is also campaign leader at Friends of the Earth Ukraine.
Khazan established a non-governmental organisation, the National Defense Foundation, to support Ukrainian soldiers fighting in the War in Donbass. He was also involved in organising a series of rallies against former Ukrainian president against Viktor Yanukovych.
References
External links
Category:Living people
Category:People from Dnipro
Category:Ukrainian politicians
Category:Year of birth missing (living people)
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Q:
Generate memory dump for a windows service that stops unexpectedly
How do I generate a memory dump for a windows service that stops unexpectedly?
A:
1) Download ProcDump
2) At an admin command prompt, in the same directory as procdump, type this:
procdump -ma -e <serviceprocessname>.exe
3) Wait for crash and dump will be generated
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Q:
How to create a datetime from parts in Oracle/PLSQL?
I have a date (4/30/2012), an hour (4) and a minute (45). I need to convert that to an Oracle datetime value for comparison in a PLSQL/Oracle SELECT statement. Ideally, there would be a function like this (C# since I know it a little better):
var date = "4/30/2012";
var hour = "4";
var minute = "45";
DateTime myDateTime = convertDateTime(date, hour, minute);
I have a table with three columns to make up the date and time of an event. I have another table that has items that may or may not match based on their start and end dates. In pseudo SQL, here's what I'm trying to do:
SELECT
G.Name,
(SELECT MAX(Cost)
FROM CrappyTable AS C
WHERE G.StartTime < convertDateTime(C.Date, C.Hour, C.Minute)
AND G.EndTime > convertDateTime(C.Date, C.Hour, C.Minute)) as Cost
FROM GoodTable as G
WHERE G.Price < 100.00;
OR "Select name and max cost (from reported cost during a time range)
where the price is less than $100."
Is there an existing function that might do something like the above convertDateTime function?
A:
Concatenate your date and time fields and pass them to TO_DATE (assumes 24 hour clock time):
TO_DATE(date||' '||hour||':'||minute,'MM/DD/YYYY HH24:MI')
This will convert your date/time values to an Oracle DATE type.
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|
New Year’s Eve Expectations Vs. Reality
0Shares
Aah, New Year – what a time to be alive! It’s the time of sparkle and glitz, and absolutely no one can judge you for getting schwasted on this most important time of the year – the beginning! While we all want our New Year’s Eve festivities to be as picturesque and swaggerific as the most over-the-top rap video, sadly, this isn’t the case for most of us. As it is, this is probably what we’ll end up seeing on New Year’s Eve.
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EdgeRouter - Beginners Guide to EdgeRouter
March 06, 2018 01:26
Overview
This article will provide instructions on how to get Internet connectivity using an EdgeRouter for the first time. It will also provide details and extra steps to get the best functionality and performance possible for your environment.
There are many different environments where specific adjustments may need to be made. This article will give common setup steps, but it is not an inclusive article for all the possibilities an EdgeRouter is capable of providing.
NOTES & REQUIREMENTS:
Setup wizards were added to the User Interface starting in EdgeOS version 1.4.0. It is highly recommend to upgrade to the most current firmware before following this guide. This article is applicable to all EdgeRouter models and was written using firmware version 1.10.0.
Step 2: Run Wizard
The latest addition to the Wizard's tab is the “Basic Setup” wizard which will accomplish all the necessary tasks to allow your router to connect to the Internet, including enabling a default firewall, setting up a Local Area Network, and DHCP Server. Each item is explained in more detail below.
2.1 WAN
DHCP: The default setting for the wizard. If your ISP distributes your IP using DHCP this option will need to be used to obtain an IP address automatically.
Static: Some ISPs provide a static address and gateway, if your ISP has supplied this information you will enter that information here.
PPPoE: This is another method ISPs use to deliver and authenticate your connection. If your provider assigns PPPoE information, you will enter your PPPoE account name and password here.
It is becoming more common for ISPs to provide FTTH (Fiber to the Home) and require that the Internet be distributed using a VLAN to separate Internet from IPTV and Voice services. This checkbox will allow you to easily tag the Internet connection to a VLAN ID.
NOTE:
If your ISP provides a public IP, it is best practice to configure an ISP supplied modem/router into bridge mode so that the public IP is sent to the WAN interface of the EdgeRouter rather than the ISP modem/router combo device sending a private IP to the EdgeRouter. This can alleviate buffering and VPN connectivity issues.
2.2 Firewall
Checking the “Enable the Default Firewall” checkbox will create two firewall rulesets on the WAN interface: one for the local direction and one for the in direction. These rulesets have a default action to drop all traffic, however the default rules accept only established and related traffic, and will drop all invalid traffic. In more simple terms, this protects the EdgeRouter itself by blocking all unexpected traffic initiated to the router and devices behind the router, but still allows traffic that is requested by the router or devices behind the router to receive requested packet flows (established and related packets).
For example, if on a remote network the connectivity to the EdgeRouter is tested by pinging the WAN address (Public IP), ICMP traffic will be blocked. If you wish to accept ICMP traffic, a new accept rule on the WAN_LOCAL ruleset can be created which is shown in the image below. This is only an example of adding a new firewall rule in the GUI after applying the wizard and is not something that is included in the wizard.
2.3 IPv6
Choosing to enable IPv6 functionality in the wizard will allow the router to obtain an IPv6 address using DHCPv6 Prefix Delegation. This will configure the router to be “Dual Stack” meaning that IPv4 and IPv6 are both implemented. If your ISP supports IPv6 using DHCPv6-PD, you will need to assign the supplied Prefix length given from the ISP, enable the default IPv6 firewall, and list the LAN interfaces that will need IPv6 connectivity.
2.4 Bridging
It is generally discouraged to enable bridging because traffic which is bridged is not hardware-offloaded, and will cause a decrease in performance. It is highly advised to use a dedicated switch connected to one of the LAN interfaces to allow for multiple ports of connectivity to a single LAN rather than bridging.
NOTE:
Some EdgeRouter models include a built in switch such as the ER-X, ER-X-SFP, ER-PoE, and EP-R6.
2.5 Local Area Network
The wizard automatically creates a LAN with the default network of 192.168.1.1/24. A DHCP server for this LAN is also created by default.
When configuring a router with a built-in switch, the LAN will be created on the switch0 interface. In this case, all ports on the switch will share the same LAN.
It is optional to configure a second LAN with a different subnet on one of the other ports.
NOTE:
Any private IP address range can be used for these Local Area Networks including:
192.168.0.0/16
172.16.0.0/12
10.0.0.0/8
2.6 Create Users
It is highly advisable for security reasons, to change the default ubnt/ubnt credentials to a username and password of your choosing. Although the default firewall rules block all external access to the router from the Internet, changing default credentials is an important security practice.
2.7 Apply Configuration
After making the necessary selections above, click Apply at the bottom of the configuration page and confirm by clicking to Reboot your EdgeRouter.
ATTENTION:
You must physically change the connected cables to your EdgeRouter. If using the default wizard settings, connect your ISP modem/router to eth0 and connect your LAN devices to the ports you configured as LAN. If enabling DHCP remained checked in the wizard, now change your Ethernet interface on your PC to obtain an address with DHCP. LAN devices will now receive an address from the DHCP pool created by the wizard and have access to the Internet.
NOTE: The wizard will automatically add functionality for NAT Masquerade and DNS forwarding although there are no adjustment settings displayed in the Wizard.
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Monday, May 22, 2017
ALERT! - HELP SUPPORT THE OFFICE OF HAWAIIAN AFFAIRS INDEPENDENT AUDIT
Please forward this today to all Hawaiians and our supporters.
Your help is urgently needed regarding this coming Wednesdayʻs Office Of Hawaiian Affairs Committee On Resource Management meeting at 10 AM at OHA headquarters, 560 N. Nimitz Hwy, Suite 200, 96817 in Honolulu.The main item to be discussed and voted on by the Committee is: RM #17-06: To Approve SOQ No. RM 2017-35, Requesting Statements Of Qualifications For Auditing Services.RM #17-06 is both the authorization to retain an auditor to perform the independent audit of OHA, and is the final approval for funding of the audit itself.It is extremely important that as many OHA beneficiaries as possible be there to testify in favor and support of this action, as this is what will permit the audit to go forward.Highly reliable sources are reporting much talk behind the scenes by certain OHA trustees on how to possibly derail or delay Wednesdayʻs vote on this item.Please be there in person to testify in favor and support of this measure to move the audit forward.If you're not able to be there in person Wednesday, please contact the OHA trustees beforehand to demand they vote “YES" on Wednesday for this critically important item.Please contact OHA today -Colette Machado - colettem@oha.org - (808) 594-1837 Bob Lindsey - robertl@oha.org - (808) 594-1855Peter Apo - petera@oha.org - (808) 594-1854John Waihe`e Jr. - crayna@oha.org (808) 594-1876 Rowena Akana - rowenaa@oha.org (808) 594-1860 Keli`i Akina - TrusteeAkina@oha.org (808) 594-1976 Carmen Hulu Lindsey - hulul@oha.org (808) 594-1858 Dan Ahuna - dana@oha.org (808) 594-1751Lei Ahu Isa - leia@oha.org (808) 594-1857OHA Headquarters - (808) 594-1835Mahalo.
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24:0851(82)CA - EEO Commission and Edgard Martinez -- 1986 FLRAdec CA
[ v24 p851 ] 24:0851(82)CA
The decision of the Authority follows:
24 FLRA No. 82
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
Respondent
and
EDGARD MARTINEZ
Charging Party/Individual
Case No. 3-CA-50243
DECISION AND ORDER
I. Statement of the Case
This unfair labor practice case is before the Authority on exceptions
to the attached decision of the Administrative Law Judge filed by the
Respondent. The General Counsel filed an opposition to the exceptions.
The complaint alleged that the Respondent violated sections 7116(a)(1)
and (2) of the Statute by discharging an employee because of his
activity in filing grievances. Additionally, the complaint alleged that
the Respondent committed an independent violation of 7116(a)(1) by
alluding to the employee's grievances in a Notice of Proposal to Remove
to support a charge of disruptive and unprofessional conduct. In
disagreement with the Judge we find that the Respondent did not violate
the Statute in discharging the employee. However, we find that the
Respondent did violate section 7116(a)(1) by alluding to the employee's
grievances as support for the action in the Notice.
II. Background Facts
As the pertinent facts of this case are fully set forth in the
Judge's Decision, they will be discussed only briefly. During the
summer of 1984, the employee, Martinez, became concerned about changes
made by management in the manner in which he was required to perform his
duties. In reaction to these changes, Martinez filed four grievances
under the applicable negotiated grievance procedure. The first
grievance was initiated on July 13, 1984, and the fourth grievance was
initiated on September 25, 1984. All of the grievances were denied by
the Respondent with the last decision issuing on October 11, 1984.
Martinez received a "Notice of Proposal to Remove" on October 12 and
submitted a formal response on October 24. On October 26 Martinez was
notified of the Respondent's decision to remove him effective November
2, 1984. As more fully set forth in the Judge's decision, Respondent
noted in essence in taking such action that:
(1) Martinez had promoted racial strife among the staff and
management in the Office of Review and Appeals by informing a
former coworker that he received his promotion only because he is
white, by encouraging a black employee to file an EEO complaint
regarding her non-selection for the same promotion, and by making
allegations that white employees have received more difficult case
assignments.
(2) Martinez had demonstrated disruptive, unprofessional
conduct and made himself extremely difficult to supervise by
seldom accepting assignments or taking directions without
challenging authority. A written reprimand issued September 10,
1984, stated that in objecting to a priority assignment, Martinez
flew into a rage, slammed the file on his desk, yelled at his
supervisor so loudly that he was heard clearly several offices
away, and refused to do more work (Tr 418-19, 425). In addition,
the written reprimand referred to other specific incidents of
disrespect and hostile conduct occurring early in September as
well as previous incident. The concluding paragraph of the
reprimand stated: "(T)his hostile conduct of jumping to
conclusions, making unfounded accusations, and consistently
questioning direct supervisory instructions cannot be condoned."
The Respondent also contended that Martinez abused the grievance
process by continuing to demand information and submitting
numerous memoranda necessitating interim answers on his pending
grievances which occupied his supervisor's work time and prevented
her from processing the cases submitted to her for approval.
(3) Martinez had maintained a hostile attitude in dealings with
management as demonstrated by his continuing failure to accept
assignments or take direction without requiring the direction to
be in writing, with specific instructions on how to deal with
cases, by making untrue allegations at a general staff meeting
that management assigned him almost nothing but merit cases, and
by being extremely abusive, loud and disrespectful toward the
Director in public on one occasion.
See Administrative Law Judge's Decision, at 5-7.
III. Administrative Law Judge's Decision
The Judge found that Martinez had made various remarks to employees
and management officials attributed to him in the Notice of Proposal to
Remove. The Judge further concluded, however, that although the
Respondent was well aware of Martinez's objectionable conduct during the
April-September 1984 period, no formal discipline of any kind was
imposed until September 10, 1984, when he received a written reprimand
for insubordinate conduct in connection with his handling of a priority
case assignment. The Judge found that while his supervisor claimed to
have counseled Martinez concerning his attitude, she had done no more
than indicate her displeasure on a number of occasions when Martinez
displayed what she considered unacceptable behavior. The Judge found it
significant that the supervisor did not enter any notations of her
counseling in his personnel file. The Judge noted that only after
Martinez began to file the grievances did Respondent begin to
investigate and collect statements from employees involved in the
incidents used to establish a basis for charging Martinez with
unacceptable conduct. Regarding Martinez's alleged abuse of the
grievance procedure, the Judge found that Martinez's actions in actively
pursuing his grievances by seeking information and interim answers to
questions concerning his grievances did not exceed the ambit of
protected activity. In view of the above, the Judge found it
unnecessary to reach the alleged independent violation of section
7116(a)(1) contained in the complaint.
IV. Position of the Parties
The Respondent's exceptions challenge the Judge's findings regarding
its motives in discharging Martinez and the Judge's recommended Order
reinstating Martinez. Essentially, Respondent reiterates the same
arguments it presented at the hearing regarding its motivation and the
basis for its decision to terminate Martinez. The Respondent contends
that Martinez's methods of pursuing his grievances were not protected
under the Statute. The Respondent argues that Martinez used the
grievance procedure to create disruptions, tension and suspicion in the
workplace, and as leverage in an attempt to prevent management from
performing its legitimate functions and duties. For example, the
Respondent alleges that Martinez's continuous demands for information
regarding his grievances created a burden which unduly prevented
management officials from accomplishing other work. The Respondent
further contends that it would have discharged Martinez even if he had
not filed grievances and actively pursued them under the negotiated
grievance procedure. At the time of his removal, the Respondent
contends that Martinez was failing to perform his work in a satisfactory
manner, had fomented discontent, and had engaged in an ever increasing
pattern of unacceptable behavior toward his fellow employees and
supervisors which had an adverse effect on the operation of his section.
Accordingly, the Respondent argues that no violation of the Statute
occurred and that the remedy recommended by the Judge, that Martinez be
reinstated and made whole, is inappropriate and unjustified by the
record.
The General Counsel, in its opposition to Respondent's exceptions,
supports the findings of the Judge that the primary reason for
Martinez's discharge was not his performance or conduct as an employee,
but retaliation for his filing and actively pursuing grievances under
the negotiated procedure. The General Counsel supports the Judge's
conclusion that Respondent by its conduct violated section 7116(a)(1)
and (2) of the Statute. Moreover, the General Counsel urges the
Authority to find that Respondent independently violated section
7116(a)(1) of the Statute by including as a basis for termination in the
Notice of Proposal to Remove the filing of grievances.
V. Analysis
A. Termination of Martinez
The Respondent's exceptions raise two defenses. First, Respondent
argues that Martinez was not discharged for having engaged in protected
activity since the charges relating to his conduct in pursuing his
grievances under the negotiated procedure did not involve conduct that
was protected under the Statute. The Respondent also contends that it
would have removed Martinez, notwithstanding the conduct relating to his
grievances, based on the other conduct contained in the Notice of
Proposal to Remove.
(1) Active Pursuit of Grievance is Protected Activity
Section 7116(a)(1) of the Statute provides that it is an unfair labor
practice for an agency to interfere with, restrain, or coerce any
employee in the exercise by the employee of any right under the Statute.
It is well established that an employee's right to file and process
grievances under a collective bargaining agreement is protected activity
within the meaning of section 7102 of the Statute and that management's
actions which tend to interfere with or restrain the exercise of such
rights constitutes unlawful interference in violation of section
7116(a)(1). Internal Revenue Service and Brooklyn District Office, 6
FLRA 642 (1981). Noting particularly that the Respondent's contention
that Martinez abused the grievance process was based on the fact that
Martinez continued to demand information and submitted numerous
memoranda necessitating interim answers on his pending grievances, we
agree with the Judge's finding that Martinez's action in actively
pursuing his grievances did not exceed the ambit of protected activity.
(2) Termination Based on Mixed Motive
With regard to Respondent's second defense, that Martinez would have
been removed for other reasons not withstanding his conduct related to
his grievances, the Authority in Internal Revenue Service, Washington,
D.C., 6 FLRA 96 (1981) enunciated a test for determining whether a
violation of the Statute has been committed in such mixed motive
situations. Under that test the burden is on the General Counsel to
make a prima facie showing that the employee had engaged in protected
activity and that this conduct was a motivating factor in an agency's
decision to act against the employee. If and when a prima facie case is
established, the Respondent then has to show by a preponderance of the
evidence that it would have reached the same decision in the absence of
the protected conduct.
In its Notice of Proposal to Remove, the Respondent in this case
concluded based on specific incidents credited by the Judge:
(1) that Martinez had prompted racial strife among the staff
and management in the Office of Review and Appeals;
(2) that he had been disruptive and unprofessional in his
conduct with management officials and fellow employees; and
(3) that he had a hostile attitude and manner of dealing with
management.
Among the incidents relied on the support the above conclusions, the
Respondent asserted that Martinez abused the grievance process by
demanding information and submitting numerous memoranda concerning his
grievances which prevented his supervisor from working on other matters.
However, the main theme running through the Notice as well as the
written reprimand of September 10, is the Respondent's conclusion that
Martinez had established a pattern of misconduct that was incompatible
with his position as a General Attorney in the Appeals Division of the
Equal Employment Opportunity Commission's Office of Review and Appeals.
In agreement with the Judge, we conclude based on the Notice of
Proposal to Remove and the testimony credited by the Judge that the
General Counsel established that the employee engaged in protected
activity and that such activity was a motivating factor in the decision
to remove him. We further find, in disagreement with the Judge, that
the Respondent established that it would have reached the same decision
even in the absence of the protected conduct. It is clear from the
incidents credited by the Judge that the termination of Martinez was
based on a pattern of disruptive, unprofessional conduct creating an
atmosphere of racial strife among staff and management in the office
which finally culminated in a written reprimand and the subsequent
Notice of Proposal to Remove. The written reprimand referred to three
incidents by date and other incidents by reference where Martinez's
conduct showed disrespect and undermined the authority of his
supervisor. As an example of this type of conduct, the Judge credited
the fact in one incident that Martinez, in objecting to a priority
assignment, flew into a rage, slammed the file on the desk, yelled at
his supervisor so loudly that it was heard clearly several offices away
and refused to do more work. In the written reprimand that followed,
the supervisor stated specifically:
I have ignored previous incidents of similar behavior hoping
that after my prior requests, your behavior would change. I
cannot any longer continue to do so, since this pattern of
behavior is affecting the normal functions of this office. Your
tone and content of your comments are a personal attack on my
functions and the integrity of other supervisors. This conduct of
jumping to conclusions, making unfound accusations, and
consistently questioning direct supervisory instructions cannot be
condoned.
In our view, the pattern of misconduct described in the Notice and
credited by the Judge, standing alone, is sufficient to support the
Respondent's discharge of Martinez. Unlike the Judge, we do not ascribe
any adverse inference to the fact that Martinez's supervisor initially
attempted to correct his behavior verbally and not place anything in
writing in his record. Only when informal efforts failed and Martinez's
conduct became progressively worse did she issue a written reprimand and
subsequently participate in the preparation of the Notice of Proposal to
Remove. We also do not ascribe any adverse inference to the fact that
the Respondent obtained statements concerning Martinez's improper
conduct prior to issuing the Notice of Proposal to Remove. To do
otherwise would have been irresponsible and inadequate personnel work.
We find that a preponderance of the evidence establishes that
Respondent, even in the absence of Martinez's protected activity, would
have removed him because of the pattern of misconduct described.
Accordingly, we conclude that the Respondent by its actions in
terminating Martinez did not violate the Statute as alleged in the
complaint and we shall order that portion of the complaint be dismissed.
See Internal Revenue Service, Washington, D.C. and National Treasury
Employees Union, 6 FLRA 96 (1981).
B. Martinez's Grievances as a Basis for Termination in
Notice of Proposal to Remove
The complaint also alleged that Respondent independently violated
section 7116(a)(1) of the Statute by including as a basis for
termination in the Notice of Proposal to Remove the processing of
Martinez's grievances. We disagree with the Judge's determination that
it is unnecessary to reach this allegation. As we previously found that
the filing and active pursuit of these grievances were protected under
the Statute, we view the inclusion in the Notice of Proposal to Remove
of remarks concerning grievances filed by Martinez as an infringement
upon the exercise of Martinez's protected rights under section 7102 of
the Statute. See U.S. Department of Interior, Office of the Secretary,
U.S. Government Comptroller for the Virgin Islands, 11 FLRA 521 (1983).
Accordingly, by including references to Martinez's filing and active
pursuit to his grievances as a basis for termination in the Notice of
Proposal to Remove, Respondent violated section 7116(a)(1) of the
Statute.
VI. Conclusion
Pursuant to section 2423.29 of the Authority's Rules and Regulations
and section 7118 of the Statute, we have reviewed the rulings of the
Judge made at the hearing, find that no prejudicial error was committed,
and affirm those rulings. We have considered the Judge's Decision and
the entire record, and contrary to the Judge we conclude as found above
that the Respondent did not violate the Statute as alleged in the
complaint by the termination of Martinez and shall dismiss that portion
of the complaint. However, we find that by including Martinez's filing
and processing of his grievances as a basis for termination in the
Notice of Proposal to Remove, Respondent violated section 7116(a)(1) of
the Statute.
ORDER
Pursuant to section 2423.29 of the Federal Labor Relations
Authority's Rules and Regulations and section 7118 of the Statute, it is
hereby ordered that the Equal Employment Opportunity Commission shall:
1. Cease and desist from:
(a) Including in the Notice of Proposal to Remove Edgard Martinez
dated October 12, 1984, any adverse comment concerning the right to file
and process grievances under the contractual grievance procedure.
(b) In any like or related manner interfering with, restraining, or
coercing employees in the exercise of their rights guaranteed by the
Statute.
2. Take the following affirmative actions in order to effectuate the
purposes and policies of the Statute:
(a) Upon request, delete from the Notice of Proposal to Remove Edgard
Martinez dated October 12, 1984, any adverse reference to the filing and
processing of grievances filed by Martinez under the contractual
grievance procedure.
(b) Post at its Baileys Crossroads, Virginia Office, copies of the
attached notice on forms to be furnished by the Federal Labor Relations
Authority. Upon receipt of such forms, they shall be signed by the
Chairman, and shall be posted and maintained for 60 consecutive days
thereafter in conspicuous places, including all bulletin boards and
other places where notices to employees are customarily posted.
Reasonable steps shall be taken to insure that such notices are not
altered, defaced, or covered by any other material.
(c) Pursuant to section 2423.30 of the Authority's Rules and
Regulations, notify the Regional Director, Region III, Federal Labor
Relations Authority, 1111 18th Street, N.W., 7th Floor, P.O. Box 33758,
Washington, D.C. 20033-0758, in writing, within 30 days from the date of
this Order, as to what steps have been taken to comply herewith.
It is further ordered that the remaining allegation of the complaint
in Case No. 3-CA-50243 pertaining to the discharge of Edgard Martinez is
dismissed.
Issued, Washington, D.C., December 29, 1986.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY
NOTICE TO ALL EMPLOYEES
PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR
RELATIONS
AUTHORITY AND IN ORDER TO EFFECTUATE THE POLICIES OF CHAPTER 71
OF TITLE
5 OF THE UNITED STATES CODE
FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
WE HEREBY NOTIFY OUR EMPLOYEES THAT:
WE WILL NOT include in the Notice of Proposal to Remove Edgard
Martinez dated October 12, 1984, any adverse comment concerning the
right to file and process grievances under the contractual grievance
procedure.
WE WILL NOT in any like or related manner, interfere with, restrain,
or coerce our employees in the exercise of their rights assured by the
Federal Service Labor-Management Relations Statute.
WE WILL, upon request, delete from the Notice of Proposal to Remove
Edgard Martinez any adverse reference to the filing and processing of
grievances filed by Martinez under the contractual grievance procedure.
(Agency)
Dated: . . . By: . . . (Signature) (Title)
This Notice must remain posted for 60 consecutive days from the date
of posting, and must not be altered, defaced, or covered by any other
material. If employees have any questions concerning this Notice or
compliance with its provisions, they may communicate directly with the
Regional Director, Region III, whose address is: 1111 18th Street, NW.,
7th Floor, P.O. Box 33758, Washington, D.C. 20033-0758 and whose
telephone number is: (202) 653-8500.
-------------------- ALJ$ DECISION FOLLOWS --------------------
Case No. 3-CA-50243
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Respondent
and
EDGARD MARTINEZ
Charging Party/Individual
Erica F. Cooper, Esquire
Bruce D. Rosenstein, Esquire
For the General Counsel
Frederick W. Ford, Esquire
Calvin Washington, Esquire
For the Respondent
Before: BURTON S. STERNBURG
Administrative Law Judge
DECISION
Statement of the Case
This is a proceeding under the Federal Service Labor-Management
Relations Statute, Chapter 71 of Title 5 of the U.S. Code, 5 U.S.C.
Section 7101 et seq., and the Rules and Regulations issued thereunder.
Pursuant to an amended charge first filed on March 26, 1985 by Edgard
R. Martinez, an individual, a Complaint and Notice of Hearing was issued
on June 21, 1985, by the Regional Director for Region III, Federal Labor
Relations Authority, Washington, D.C. The Complaint alleges that the
Equal Employment Opportunity Commission, (hereinafter called the
Respondent or EEOC), violated Sections 7116(a)(1) and (2) of the Federal
Service Labor-Management Relations Statute, (hereinafter called the
Statute), by discharging Mr. Martinez because of his participation in
activities protected by the Statute, namely, filing grievances. It is
further alleged that Respondent committed an independent violation of
Section 7116(a)(1) by alluding to Mr. Martinez' protected activity as a
basis for his removal in the formal "Notice of Proposal to Remove".
A hearing was held in the captioned matter on August 6 and 7, 1985,
in Washington, D.C. All parties were afforded the full opportunity to
be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues involved herein. The General Counsel and
the Respondent submitted post-hearing briefs on September 23, 1985, /1/
which have been duly considered. /2/
Upon the basis of the entire record, including my observation of the
witnesses and their demeanor, I make the following findings of fact,
conclusions, and recommendations.
Findings of Fact
At all times material herein, the American Federation of Government
Employees, AFL-CIO, Council 216 has been the exclusive representative of
a unit of Respondent's professional employees, including attorneys. At
all times material herein, the Union and Respondent have been parties to
a collective-bargaining agreement which includes a negotiated procedure
for the processing of grievances. Under that agreement, an employee may
process a grievance through the negotiated grievance procedure as an
individual and without union representation.
On July 1, 1979, Mr. Martinez was hired as a General Attorney in the
Appeals Division of Respondent's Office of Review and Appeals. Mr.
Martinez remained in that position, located at Respondent's Baileys
Crossroads, Virginia location until November 2, 1984. For two to three
weeks prior to his removal, which was effective November 2, 1984, Mr.
Martinez' immediate supervisor was Mr. Gary Hozempa. Immediately prior
to that, from January 1984 to October 1984, Ms. Hilda Rodriguez held the
position of Supervisory Attorney and was Mr. Martinez' immediate
supervisor. Ms. Rodriguez, as Supervisory Attorney reported directly to
Mr. Robbie Dix, III, Director, Division of Appeals. Mr. Dix, in turn,
reported to Ms. Delores Rozzi, Director of the Office of Review and
Appeals (ORA).
During the summer of 1984, Mr. Martinez became concerned about
changes made by ORA management in the method of performing his work.
One such change involved the imposition of clerical duties on attorneys
as part of their official duties. Another change concerned attorney
access to the office word processing equipment in the preparation of
their draft decisions. A third change required attorneys to proofread
not only their own work, but work of other attorneys. Other changes
affecting Mr. Martinez were the manner of prioritizing case work
assigned to attorneys and the fluctuation of case production numbers
required of attorneys.
In response to the above changes, Mr. Martinez filed four grievances
under the applicable collective-bargaining agreement. Mr. Martinez
filed the first grievance concerning the use of word processing
equipment informally with Ms. Rodriguez on July 13, 1984. After no
resolution was reached, on July 27, 1984, Mr. Martinez elevated that
grievance to the next level to Office Director Rozzi. Ms. Rozzi denied
the grievance on August 2, 1984. Thereafter, Mr. Martinez elevated the
grievance on August 3, 1984 to the third level with Respondent's
Chairman Clarence Thomas. Chairman Thomas denied that grievance on
September 27, 1984.
On August 3, 1984, Mr. Martinez filed a second grievance at the first
level with Ms. Rodriguez concerning what he considered the imposition of
clerical duties on attorneys. Additionally, in the grievance, he sought
responses to memoranda written by Mr. Martinez on June 25, 1984 and June
27, 1984 to management requesting specific information on attorney
production requirements. Ms. Rodriguez responded on August 10, 1984,
denying his grievance. Mr. Martinez again followed the procedure set
forth in the collective-bargaining agreement and appealed the denial to
Ms. Rozzi on August 16, 1984. Ms. Rozzi denied the grievance on August
23, 1984 which Mr. Martinez promptly raised to the third level with the
Chairman on August 24, 1984. Mr. Chairman denied the grievance on
September 27, 1984.
Mr. Martinez filed a third grievance at the step one level with Ms.
Rodriguez on August 29, 1984. The third grievance concerned a dispute
surrounding the assignment of a particular priority case, the imposition
of proofreading duties on attorneys, and production requirements as set
forth in an August 28, 1984 memorandum from Ms. Rodriguez. After
receiving Ms. Rodriguez' first step denial on September 4, 1984, Mr.
Martinez elevated the grievance to Ms. Rozzi at the second step on
September 10, 1984. Ms. Rozzi did not respond to the grievance at the
second step, and thereafter Mr. Martinez elevated the grievance to the
Chairman's level. In conjunction with that grievance, Mr. Martinez
submitted a memorandum dated September 25, 1984 to the Chairman and all
of Respondent's Commissioners addressing his positive contributions to
the Commission and suggesting possible ways of improving operations in
ORA. Although Mr. Martinez received no response to his September 25,
1984 memorandum, Chairman Thomas denied the grievance on November 30,
1984.
By memorandum dated September 4, 1984, Mr. Martinez requested an
adjustment of his productivity requirements. On September 25, 1984, Mr.
Martinez filed a first step grievance based on the lack of response to
his September 4, 1984 memorandum. The grievance was denied by Ms.
Rodriguez on the same day. Mr. Martinez appealed that denial to Ms.
Rozzi who on September 28, 1984 informed Mr. Martinez that in accordance
with instructions from Respondent's Labor Relations Office, the
appropriate second step grievance level was the Division Director,
rather than the Office Director and consequently forwarded the grievance
to Robbie Dix, III for response.
A second step grievance meeting was held on October 1, 1984 on the
grievance. In attendance were Mr. Martinez, Chief Steward Diane Amos
and Mr. Dix. On October 3, 1984, Mr. Dix denied the grievance at the
step two level. Mr. Martinez appealed to Ms. Rozzi on October 9, 1984.
Ms. Rozzi denied the appeal on October 11, 1984.
On October 12, 1984, Mr. Martinez attended a meeting in Division
Director Dix's office, and received a "Notice of Proposal to Remove" him
from his position in ORA for unacceptable and unprofessional conduct.
Present at that meeting were Mr. Dix, Chief Steward Diane Amos, Mr. Rick
Reda, Acting Director of ORA Administration, and Mr. Martinez. After
reviewing the Notice, Ms. Amos objected to its contents on the basis
that the incidents listed therein were not specific enough to allow Mr.
Martinez to adequately respond to the Notice and that the Notice did not
conform to the requirements of the collective-bargaining agreement as to
the timeliness of the allegations. Ms. Amos asked both Ms. Rodriguez
and Mr. Dix for more specifics. Mr. Dix stated that Ms. Amos would have
to get any specifics from Office Director Rozzi. Ms. Amos received a
memorandum dated October 22, 1984 from Ms. Rozzi denying her request for
further clarification of the Notice. Ms. Amos made a formal response to
the Notice of Proposal to Remove any letter of October 24, 1984, in
which she stated her objections to the form and content of the Notice.
Three days after receiving the Notice of Proposal to Remove, on
October 15, 1984, Mr. Martinez received his annual performance appraisal
for the period October 1, 1983 to September 30, 1984. Attached to that
appraisal was an Individual Development Plan for those areas in which
Mr. Martinez had been found to be deficient. The Plan, drafted in
accordance with EEOC Order 542, was designed to provide Mr. Martinez
with 90 days to improve both the quality of his work and his conduct.
Shortly thereafter on October 26, 1984 at 9:00 p.m., a private
process server delivered two documents to Mr. Martinez at his home: A
Notice of Removal dated October 26, 1984 and a memorandum from Delores
Rozzi directing Mr. Martinez to call his then supervisor Mr. Hozempa to
arrange for an inventory of case files and government property, and
placing him on administrative leave until the effective date of his
removal, November 2, 1984.
Respondent assigned the following reasons for its proposed action.
"1. You have demonstrated a course of conduct which has created an
atmosphere of racial strife among the staff and management in the Office
of Review and Appeals.
2. You have been disruptive and unprofessional in your conduct with
management officials both inside and outside your chain of command, as
well as with your co-workers.
3. You have been hostile in your attitude and dealings with
management, and your conduct has rendered you ineffective in your
relations with the staff and management of the Office of Review and
Appeals.
While some of the incidents enumerated below took place more than 60
days ago, they clearly demonstrate a continuous behavioral pattern. The
specific instances of unacceptable and unprofessional conduct listed
above on which this proposed action to remove you are based are as
follows:
REASON -- 1. Conduct which has created an atmosphere of racial
strife among staff and management of the Office of Review and Appeals.
INCIDENTS -- 1 a. The function of the Office of Review and Appeals
is quasi-judicial in nature. It requires that its employees maintain
the highest standards of conduct, especially since they have a
responsibility to maintain an impartial, objective point of view in the
work they conduct. Your comments to a former co-worker regarding his
promotion to management, that he received this promotion only because he
is white, reflect poor judgement on your part, violate those standards,
jeopardizes your impartiality, creates the appearance of inefficiency,
and adversely affects the operation of this Office. You also told this
employee that black employees in the office agreed and stated that his
race was the reason for his selection. To create a situation fostering
racial strife in any office is clearly improper. To do so in an Office
such as Review and Appeals is unacceptable.
1 c. You then encouraged a black employee to file an EEO complaint
regarding his non-selection for this same promotion. You stated to this
employee that he had a good case. This type of behavior is divisive,
and generates racial tension and suspicion, by putting black and white
employees against one another. This conduct cannot be permitted to
exist in any work place, and is especially unacceptable in this Office.
1 d. You have also stated to your supervisor and to other staff
members that white employees have received more difficult case
assignments, when you would have no factual data on which to base such
comments. Furthermore, in displays of emotional outbursts, you have
repeatedly accused the Office management, without any foundation
whatsoever, of discriminating against white males in the daily operation
of this Office. In making such unfounded allegations, you have created
an atmosphere of racial tension and suspicion.
1 e. The above actions have rendered you totally ineffective in your
dealings with supervisors and managers in this Office, as well as with
your co-workers. Your behavior has been so disruptive that you have
created racial strife in the work place; many of your co-workers do not
want to deal with you for fear that anything said will be used to create
further strife and disruption.
REASON -- 2. Disruptive and unprofessional conduct.
INCIDENT -- 2 a. You have demonstrated repeatedly that you are
extremely difficult to supervise; you seldom accept assignments or take
direction without challenging authority, e.g., your objections at
receiving a priority assignment -- 05-84-0190. You have also responded
to directions to proofread your decisions with the objection that it is
not your job, even though this is clearly stated in your performance
standards.
2 b. You stated to the Federal Liaison Officer when you learned that
he was not with the management team on the Los Angeles trip that he
"must be on the shit list, too."
2 c. You made comments to the Director of Compliance and Control
Division which were derogatory in nature regarding the promotion of two
employees into management.
2 d. After the selection of another Commission employee from another
office to a management position in this Office, you called him on at
least three occasions, telling him of your grievances, and you alluded
to an EEO complaint. There is a strong implication that if he became
your supervisor and took any kind of disciplinary action against you,
you could allege retaliation. As a result, this employee declined to
accept the position, thereby causing undue hardship on this Office.
This delayed the filling of this position, and has delayed the
implementation of this Office's quality assurance program.
2 e. Management recognizes the right of employees to avail
themselves of the grievance process and to bring matters of concern to
the appropriate management officials. However, you have clearly abused
this process by using this mechanism to create disruptions among
employees and management, and creating tension and suspicion. You have
used the grievance procedure as a threat and as leverage to attempt to
prevent management from performing its legitimate functions and duties.
As a result you have further made yourself ineffective in your relations
with other employees and management.
REASON -- 3. Hostile attitude in your dealings with management.
INCIDENT -- 3 a. As referenced above at 2 a., you have demonstrated
an extremely hostile attitude toward your supervisor when you have been
assigned cases. In a general staff meeting you alleged that you have
been assigned almost nothing but merit cases, and accused management of
assigning easier cases to the employees in the Review Division. This
accusation was completely unfounded. A subsequent review of the cases
you have submitted for approval at that time revealed that 77% were
procedural cases. Your comments at this meeting only served to create
dissension among the staff and hostility towards management.
3 b. You have continuously failed to accept assignments or take
direction without requiring the direction to be in writing, with
specific instructions on how to deal with cases, thereby requiring an
inordinate amount of supervisory time at the expense of other members of
the unit (e.g., the Quinones and Dillard cases).
3 c. You have continuously written memos which make the same
requests or seek the same guidance, and require excessive amounts of
time to respond. This has had an adverse impact on time to review
cases. As a result productivity has been impaired, and the overall
Office productivity has suffered as well as the individual productivity
of other members of the unit, whose cases have not been reviewed (e.g.,
your constant requests for modifications to your GPAD standards).
3 d. You continuously present a hostile and uncooperative attitude
towards management, e.g., during a luncheon with the Office Director,
the attorneys in your unit, and your supervisor, you were extremely
abusive, loud and disrespectful towards the Director, so much so that
your supervisor and other members of the staff later apologized to the
Director for your behavior. Furthermore, despite several counselling
discussions with your supervisor, your conduct toward management
continued to deteriorate to the point that you were then issued a
written admonishment. All of your supervisor's efforts to get you to
modify and improve your conduct have proven to be unsuccessful.
3 e. Since January, 1984, your supervisor has made repeated attempts
to provide you with proper direction and guidance. You have been
admonished by her and by your Division Director regarding your conduct
and behavior on several occasions. In January, 1984, you were placed on
a performance improvement plan, which addressed the quality of your
work. Within two months, you were taken off the plan because the
quality improved. However, your quality has again deteriorated. It is
evident that your hostile attitude and behavior has not only adversely
impacted on your relations with the staff and management, but on your
own work as well."
With regard to the "incidents" relied upon in the Notice of Removal,
Respondent produced numerous witnesses at the hearing who credibly
testified without contradiction that "incidents" cited in the Mr.
Martinez' Notice of Removal did in fact occur. /3/
With respect to the remarks made to various employees and/or
management representatives concerning promotions and work assignments
based on racial preference, the record reveals that such remarks were
made in private conversations with the particular individuals involved.
The record further reveals that although Respondent was well aware of
Mr. Martinez' objectionable conduct which occurred during the period of
April-September 1984, no formal discipline of any kind was imposed upon
Mr. Martinez until September 10, 1984, when he received a Formal Written
Admonishment from his immediate supervisor, Hilda Rodriguez for
insubordinate conduct in connection with his handling of a priority case
assignment. /4/ Although Ms. Rodriguez testified that she had counseled
Mr. Martinez concerning his attitude, etc., upon further questioning it
was disclosed that at most she had indicated her displeasure at his
attitude and actions on a number of occasions when he displayed what she
considered unacceptable behavior. No notations of her displeasure were
ever entered in Mr. Martinez' personnel file.
With respect to incident 2 e in the Notice of Removal, wherein
reference is made to Mr. Martinez' abuse of the grievance process, both
Ms. Rodriguez and Ms. Rozzi similarly testified that Mr. Martinez was
never satisfied with merely filing a grievance and awaiting Respondent's
action thereon. Rather Mr. Martinez continued to demand information and
submit numerous memoranda necessitating interim answers on the pending
grievances which occupied Ms. Rodriguez' work time and prevented her
from processing the cases submitted to her for approval.
Additionally, Ms. Rozzi testified that Mr. Martinez abused the
grievance process by informing a potential supervisor, Michael
Baldonado, who was occupying another position with EEOC at the time
about his pending grievances. /5/ Mr. Baldonado, who had been a former
co-worker of Mr. Martinez, subsequently declined the position. Mr.
Baldonado testified that he was uncomfortable with the information
because he felt that knowledge of the grievances could be imputed to him
if he became a supervisor and thereby inhibit him in his dealings with
the employees under his supervision. Mr. Baldonado further testified
that although he was uncomfortable with the information imparted to him
by Mr. Martinez, it was not the reason that he subsequently refused to
accept the supervisory position. Thus, he pointed out that the position
was that of an acting supervisor and there was no guarantee that he
would ultimately be made a permanent supervisor.
The record further reveals that Mr. Martinez and Ms. Rodriguez were
both of Puerto Rican ancestry and had been co-workers prior to Ms.
Rodriguez' elevation to a supervisory position. Because of their
ancestry and former association their relationship appears to have been
much less formal that which usually exists between a supervisor and a
subordinate.
Discussion and Conclusions
The General Counsel takes the position that the sole reason for Mr.
Martinez' discharge was his participation in activities protected by the
Statute, namely the filing of grievances under the negotiated grievance
procedure. In such circumstances the General Counsel urges that the
undersigned find that the Respondent violated Sections 7116(a)(1) and
(2) of the Statute and order Mr. Martinez' reinstatement with back pay.
Additionally, the General Counsel contends that the Respondent committed
an independent violation of Section 7116(a)(1) of the Statute by
including a reference to Mr. Martinez' alleged abuse of the grievance
procedure in the "Proposed Notice of Removal".
The Respondent, on the other hand, takes the position, that it did
not violate the Statute. According to the Respondent inasmuch as Mr.
Martinez abused the grievance process his activities in such respect did
not fall within the protection of the Statute. Further, Respondent,
citing the Authority's decision in IRS, Washington, D.C., 6 FLRA No. 23,
takes the position that in any event Mr. Martinez would have been
discharged for reasons other than his participation in activities
protected by the Statute, i.e., insubordination, causing racial tension,
etc.
Contrary to the contention of Respondent, I cannot find that Mr.
Martinez' actions in actively pursuing his grievances by seeking
information and answers to questions relative thereto somehow removed
the grievances from the ambit of protected activity. It appears that
Respondent would only allow a grievant the protection of the Statute if
he merely filed a grievance and then sat back and passively awaited
Respondent's action thereon.
Inasmuch as Respondent has failed to establish any other grounds for
disqualification of Mr. Martinez' grievance activity from the protection
of the Statute, I cannot find as urged by the Respondent that Mr.
Martinez abused the grievance process. Rather I find that his actions
in actively pursuing his grievances were protected by the Act. /6/
In view of this conclusion and since Mr. Martinez' protected activity
played a part in his discharge, it must not be decided, in accordance
with the Authority's decision in IRS, Washington, supra, whether Mr.
Martinez would have been discharged in any event for reasons unrelated
to his participation in activities protected by the Act. Respondent, of
course, takes the position that Mr. Martinez would have been discharged
for reasons other than his protected activities, namely causing racial
tension, insubordination, etc.
In this context the record establishes that the incidents cited in
the "Notice of Proposal to Remove" did in fact occur. However, it is
not the existence of grounds for removal which is the test, rather the
test appears to be whether such grounds for discharge would have been
utilized by Respondent in the absence of the employee's participation in
activities protected by the Statute.
The record further establishes that although the supervisory
hierarchy was well aware of such incidents, no written notations were
ever entered into Mr. Martinez' personnel file. In fact other than
exhibiting displeasure with Mr. Martinez' actions, no warnings or other
admonishments were given to Mr. Martinez.
To the extent that Mr. Martinez is charged with inciting racial
tensions, the participants in such conversations testified that they
were not particularly upset with Mr. Martinez' actions, and appeared to
accept such actions as an every day occurrence when dealing with Mr.
Martinez.
Further, with respect to the cited incidents involving the
relationship between Ms. Rodriguez and Mr. Martinez and his daily
complaints or comments to her, it should be noted that due to the fact
that they were both of Puerto Rican ancestry and former co-workers Ms.
Rodriguez appears to have allowed Mr. Martinez greater latitude than
normally exists between a supervisor and an employee.
Given the above, I am convinced that but for Mr. Martinez'
participation in protected activities, namely filing and actively
pursuing four grievances under the negotiated grievance procedure,
Respondent would not have discharged Mr. Martinez. It was only after
Mr. Martinez filed his grievances and actively pursued same, that
Respondent determined to discharge him. To this end it approached the
various employees who were involved in the cited incidents and obtained
statements concerning Mr. Martinez' alleged unacceptable activities and
then proceeded to discharge him. Cf. JMC Transport, Inc. v. NLRB, F.2d,
Case Nos. 84-5960 and 84-6060, (Nov. 12, 1985, 6th Cir.); DLR No. 223,
Nov. 19, 1985.
Having concluded that Mr. Martinez would not have been discharged but
for his participation in activities protected by the Statute, I hereby
recommend that the Authority issue the following order designed to
effectuate the purposes and policies of the Statute. /7/
ORDER
Pursuant to Section 2423.29 of the Federal Labor Relations
Authority's Rules and Regulations and Section 7118 of the Statute, it is
hereby ordered that the Equal Employment Opportunity Commission shall:
1. Cease and desist from:
(a) Terminating, and other discriminating against, employees
because they have engaged in activities protected by the Federal
Service Labor-Management Relations Statute, namely, filing and
processing grievances under the contractual grievance procedure.
(b) In any like to related manner interfering with,
restraining, or coercing employees in the exercise of their rights
guaranteed by the Statute.
2. Take the following affirmative actions in order to effectuate the
purposes and policies of the Statute:
(a) Offer Edgard Martinez immediate and full reinstatement to
his former or substantially equivalent position, without prejudice
to his seniority or other rights and privileges, and make him
whole, consistent with applicable laws and regulations, for any
loss of income he may have suffered by reason of his unlawful
termination by paying to him a sum of money equal to the amount he
would have earned or received from the date of his termination to
the effective date of the offer of reinstatement, less any amount
earned through other employment during the above-noted period.
(b) Post at its Baileys Crossroads, Virginia Office, copies of
the attached notice marked "Appendix" on forms to be furnished by
the Federal Labor Relations Authority. Upon receipt of such
forms, they shall be signed by the Director of the Office of
Review and Appeals and shall be posted and maintained by her for
60 consecutive days thereafter in conspicuous places, including
all bulletin boards and other places where notices to employees
are customarily posted. The Director, shall take reasonable steps
to insure that such notices are not altered, defaced, or covered
by any other material.
(c) Pursuant to Section 2423.30 of the Authority's Rules and
Regulations, notify the Regional Director, Region III, Federal
Labor Relations Authority, 1111 18th Street, NW., 7th Floor, P.O.
Box 33758, Washington, D.C. 20033-0758, in writing, within 30 days
from the date of this Order, as to what steps have been taken to
comply herewith.
/s/ Burton S. Sternburg,
Administrative Law Judge
Dated: November 20, 1985
Washington, D.C.
--------------- FOOTNOTES$ ---------------
(1) Respondent on November 1, 1985 moved to file a Supplemental
Post-Hearing Brief. In the absence of any objection, the brief has been
received and considered.
(2) In the absence of any objection, the General Counsel's Motion to
Correct Transcript, is hereby granted.
(3) Michael Baldonado, Hilda Rodriguez, Robbie Dix, Dolores Rozzi,
Gary Hozempa, C. Lloyd Buddo, Roscoe Elkins, Ronald Holmes and Josephine
Trevathan.
(4) The assignment of priority cases was the subject matter of Mr.
Martinez' August 29, 1984 grievance.
(5) According to Ms. Rozzi, Mr. Martinez' action with respect to Mr.
Baldonado was like "frosting on the cake" and considering Mr. Martinez'
past indiscretions, she decided it was time to remove him.
(6) The fact that he may have told a prospective supervisor about his
pending grievances does not alter this conclusion.
(7) Having found that Respondent discharged Mr. Martinez solely
because of his participation in activities protected by the Statute, I
need not, and do not, reach the second allegation of the complaint,
i.e., whether Respondent committed an independent 7116(a)(1) violation
of the Statute by alluding to Mr. Martinez' protected activity in the
"Notice of Proposal to Remove".
APPENDIX
NOTICE TO ALL EMPLOYEES
PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR
RELATIONS
AUTHORITY AND IN ORDER TO EFFECTUATE THE POLICIES OF CHAPTER 71
OF TITLE
5 OF THE UNITED STATES CODE
FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE
WE HEREBY NOTIFY OUR EMPLOYEES THAT:
WE WILL NOT terminate, or otherwise discriminate against, our
employees because they have engaged in activities protected by the
Federal Service Labor-Management Relations Statute, namely, filing or
processing grievances under the contractual grievance procedure.
WE WILL NOT in any like or related manner, interfere with, restrain,
or coerce employees in the exercise of their rights assured by the
Federal Service Labor-Management Relations Statute.
WE WILL offer Edgard Martinez immediate and full reinstatement of his
former or substantially equivalent position, without prejudice to his
seniority or other rights and privileges, and make him whole, consistent
with applicable laws and regulations, for any loss of income he may have
suffered by reason of his unlawful termination by paying to him a sum of
money equal to the amount he would have earned or received from the date
of his termination to the effective date of the offer of reinstatement,
less any amount earned through other employment during the above-noted
period.
(Agency or Activity)
Dated: . . . By: . . . (Signature)
This Notice must remain posted for 60 consecutive days from the date
of posting and must not be altered, defaced or covered by any other
material.
If employees have any questions concerning this Notice or compliance
with any of its provisions, they may communicate directly with the
Regional Director of the Federal Labor Relations Authority, Region III,
whose address is: 1111 18th Street, NW., 7th Floor, P.O. Box 33758,
Washington, D.C. 20033-0758 and whose telephone number is: (202)
653-8500.
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<li class="navelem"><a class="el" href="dir_275089585c7fc1b5fd5d7d42c69cb1da.html">D:</a></li><li class="navelem"><a class="el" href="dir_7b98f88bffbed4b390b5f8f520d9c08e.html">Source</a></li><li class="navelem"><a class="el" href="dir_1f76e953200861345293ade84ac7fb6c.html">G-Truc</a></li><li class="navelem"><a class="el" href="dir_e29b03b892e0e25920d021a614d4db9b.html">glm</a></li><li class="navelem"><a class="el" href="dir_5ce58d942b2d0776e17a9a58abc01e04.html">glm</a></li><li class="navelem"><a class="el" href="dir_8d176b5b7dd0ae42ea6876078f2bde49.html">gtx</a></li> </ul>
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<a href="#func-members">Functions</a> </div>
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Functions</h2></td></tr>
<tr class="memitem:ga7842850bcda582f1756883e3ed950e14"><td class="memTemplParams" colspan="2">template<typename T , precision P> </td></tr>
<tr class="memitem:ga7842850bcda582f1756883e3ed950e14"><td class="memTemplItemLeft" align="right" valign="top">GLM_FUNC_DECL tvec3< T, P > </td><td class="memTemplItemRight" valign="bottom"><a class="el" href="a00216.html#ga7842850bcda582f1756883e3ed950e14">triangleNormal</a> (tvec3< T, P > const &p1, tvec3< T, P > const &p2, tvec3< T, P > const &p3)</td></tr>
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<a name="details" id="details"></a><h2 class="groupheader">Detailed Description</h2>
<div class="textblock"><p>OpenGL Mathematics (glm.g-truc.net) </p>
<p>Copyright (c) 2005 - 2015 G-Truc Creation (www.g-truc.net) Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:</p>
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<p><a class="el" href="a00216.html">GLM_GTX_normal</a></p>
<dl class="section date"><dt>Date</dt><dd>2005-12-21 / 2011-06-07 </dd></dl>
<dl class="section author"><dt>Author</dt><dd>Christophe Riccio</dd></dl>
<dl class="section see"><dt>See also</dt><dd><a class="el" href="a00162.html" title="The core of GLM, which implements exactly and only the GLSL specification to the degree possible...">GLM Core</a> (dependence) </dd>
<dd>
<a class="el" href="a00196.html" title="Min and max functions for 3 to 4 parameters. ">GLM_GTX_extented_min_max</a> (dependence) </dd></dl>
<p>Definition in file <a class="el" href="a00082_source.html">normal.hpp</a>.</p>
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Forrest J Ackerman, who influenced a generation of young horror-movie fans with Famous Monsters of Filmland magazine and spent a lifetime amassing what has been called the world’s largest personal collection of science-fiction and fantasy memorabilia, has died. He was 92.
Ackerman, a writer, editor and literary agent who has been credited with coining the term “sci-fi” in the 1950s, died Thursday of heart failure at his home in Los Angeles, said John Sasser, a friend who is making a documentary on Ackerman.
As editor of Famous Monsters of Filmland, Ackerman wrote most of the articles in the photo-laden magazine launched in 1958 as a forum for past and present horror films.
“It was the first movie-monster magazine,” Tony Timpone, editor of horror-movie magazine Fangoria, told The Times in 2002.
Timpone, who began reading Famous Monsters as a young boy in the early ‘70s, remembered it as “a black-and-white magazine with cheap paper but great painted [color] covers. It really turned people on to the magic of horror movies.”
Primarily targeted to late pre-adolescents and young teenagers, Famous Monsters of Filmland featured synopses of horror films; interviews with actors such as Boris Karloff, Bela Lugosi and Vincent Price; and articles about makeup and special effects.
The magazine reflected Ackerman’s penchant for puns, with features such as “The Printed Weird” and “Fang Mail.” Ackerman referred to himself as Dr. Acula.
“He put a lot of his personality into the magazine,” said Timpone, who became friends with Ackerman. “It was a pretty juvenile approach to genre journalism, but as kids that’s all we had.”
Among those who grew up reading Famous Monsters of Filmland was author Stephen King. Other childhood readers included movie directors Joe Dante, John Landis and Steven Spielberg, who once autographed a poster of “Close Encounters of the Third Kind” for Ackerman, saying, “A generation of fantasy lovers thank you for raising us so well.”
Ackerman was a celebrity in his own right, once signing 10,000 autographs during a three-day monster-movie convention in New York City.
This, after all, was the man who created and wrote the comic book characters Vampirella and Jeanie of Questar and was the ultimate fan’s fan: a man who actually had known Lugosi and Karloff and whose priceless collection of science-fiction, horror and fantasy artifacts ran to some 300,000 items.
For years, Ackerman housed his enormous cache of books, movie stills, posters, paintings, movie props, masks and assorted memorabilia in his 18-room home in Los Feliz.
He dubbed the house the Ackermansion. The jam-packed repository included everything from a Dracula cape worn by Lugosi to Mr. Spock’s pointy ears and from Lon Chaney Sr.'s makeup kit to the paper-plate flying saucer used by director Ed Wood in “Plan 9 From Outer Space.”
For Ackerman, a native Angeleno born Nov. 24, 1916, it all began at age 9.
That’s when he stopped at a drugstore on the corner of Santa Monica Boulevard and Western Avenue in Hollywood and bought his first copy of the science-fiction magazine Amazing Stories.
Ackerman was helplessly hooked.
By his late teens, he had mastered Esperanto, the invented international language. In 1929, he founded the Boys Scientifiction Club. In 1932, he joined a group of other young fans in launching the Time Traveler, which is considered the first fan magazine devoted exclusively to science fiction and for which Ackerman was “contributing editor.”
Ackerman also joined with other local fans in starting a chapter of the Science Fiction Society -- meetings were held in Clifton’s Cafeteria in downtown L.A. -- and as editor of the group’s fan publication Imagination!, he published in 1938 a young Ray Bradbury’s first short story.
During World War II, Ackerman edited a military newspaper published at Ft. MacArthur in San Pedro. After the war, he worked as a literary agent. His agency represented scores of science-fiction writers, including L. Ron Hubbard, Isaac Asimov, A.E. van Vogt, H.L. Gold, Ray Cummings and Hugo Gernsback.
In 1954, Ackerman coined the term that would become part of the popular lexicon -- a term said to make some fans cringe.
“My wife and I were listening to the radio, and when someone said ‘hi-fi’ the word ‘sci-fi’ suddenly hit me,” Ackerman explained to The Times in 1982. “If my interest had been soap operas, I guess it would have been ‘cry-fi,’ or James Bond, ‘spy-fi.’ ”
At the time, Ackerman already was well-known among science-fiction and horror aficionados for his massive collection. After a couple from Texas showed up on his doorstep in 1951 asking to view the collection, Ackerman began opening up his home for regular, informal tours on Saturdays. Over the years, thousands of people made the pilgrimage to the Ackermansion.
The Dracula/Frankenstein room featured a casket as a “coffin table” and the cape Lugosi wore in the stage version of “Dracula.” A case displayed one of the horror film legend’s bow ties, which, Ackerman would gleefully note, contained a drop of blood.
Among the collection’s other highlights: the ring worn by Lugosi in “Dracula,” the giant-winged pterodactyl that swooped down for Fay Wray in “King Kong,” Lon Chaney’s cape from “The Phantom of the Opera” and “Metropolis” director Fritz Lang’s monocle.
The affable Ackerman would escort his visitors through the priceless warren of books, posters and memorabilia, settling into a chair in each room and answering questions.
“He was always just a big kid,” said Fangoria’s Timpone. “I really cherished all the times I’ve been with him.”
Ackerman wrote more than 2,000 articles and short stories for magazines and anthologies, sometimes under the pseudonyms Dr. Acula, Weaver Wright and Claire Voyant.
He also wrote what has been reported to be the first lesbian science-fiction story ever published, “World of Loneliness.” And under the pen name Laurajean Ermayne, he wrote lesbian romances in the late 1940s for the lesbian magazine Vice Versa.
Ackerman edited or co-edited numerous books, including “A Book of Weird Tales” and “365 Science Fiction Short Stories.”
Over the years, he made numerous cameo appearances in films, including Dante’s “The Howling” and Landis’ “Innocent Blood.” Landis also had Ackerman eating popcorn behind Michael Jackson in the movie theater scene in his “Thriller” video.
Famous Monsters of Filmland ceased publication in 1983, but returned a decade later with Ray Ferry as publisher and Ackerman as editor. Ackerman, however, reportedly had a falling out with Ferry and left the magazine. Years of litigation followed. In 2000, after a civil trial, Ackerman won a trademark infringement and breach-of-contract lawsuit against Ferry, though he said a year later that he had not yet collected a penny of the judgment.
In recent decades, according to a 2003 Times story, Ackerman slowly sold pieces of his massive collection in order to survive. Because of health problems and his still-unresolved legal battle, he put up all but about 100 of his favorite objects for sale in 2002.
The same year, he moved out of the Ackermansion and into a bungalow in the flats of Los Feliz. But he continued to make what was left of his collection available for fans to view on Saturday mornings.
“I call it the Acker Mini-Mansion,” he said.
Ackerman’s wife, Wendayne, died in 1990; he has no surviving family members.
McLellan is a Times staff writer.
dennis.mclellan@latimes.com
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Investigation on the substrate specificity of human plasmin using tripeptidyl-p-nitroanilide substrates.
The hydrolysis of 35 tripeptidyl-p-nitroanilides was studied with human plasmin and the kinetic parameters were determined. The individual contribution of the various side chains to the kinetic parameters was calculated by regression analysis. Considering Km, substrates having Z-D-Ile-Phe-Lys as well as H-D-Ile-Phe-Lys sequences were found to be the best, while Bz-Ile-Leu-Lys and pGlu-Leu-Lys sequences are the best for kcat. The Km values of substrates protected at N-terminus are lower, their kcat values are higher than those of the unprotected ones with the same sequence.
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The vagaries of evolution can launch species on startling trajectories. Stringy Spanish moss – draped from trees like party streamers across the South -- is actually in the same family as pineapple. Duckweed, an adorable little plant that casual observers often refer to as pond scum, is actually in the same family as the peace lily and taro (Polynesian power plant and source of everyone’s favorite bland purple food).
And then there's this. Would you guess that this plant is a fern?
In spite of its suave flowering plant looks, this plant is indeed a fern -- a kidney fern.Ferns are primitive plants that lack flowers (extravagant, fragrant plant genitalia evolved to turn plant sex into a menage à trois with a second species) and seeds (plant embryos pre-stocked with food for the baby plant). Instead, they make microscopic, single-celled reproductive units called spores and have a schizophrenic life cycle in which two plants that look nothing alike take turns existing, a phenomenon called the Alternation of Generations. And unlike flowering plants and conifers, but like animals, ferns still make sperm that must swim to an egg as part of that life cycle, part of the reason they prefer steamier habitats.
The kidney fern wears its own reproductive structures like an elegant crown, as you can see in the seventh, eighth, and ninth photos in this collection. The blackberry-like clusters set in the reproductive tiara are sporangia containing many spores, each with a ridged annulus like the bristles on a Roman helmet.
But filmy ferns possess some quirks unto themselves. That translucence, for instance; the juvenile frond of a kidney fern is only one cell thick. There aren’t many land plants you can manhandle to experience what the width of a single cell feels like. But in New Zealand – where I recently spent some time -- it’s far from the only.
The deliciously-named Filmy Fern Family contains 600 species rarely found outside the tropics, but soggy New Zealand is one such place and is home to 31, many of which, like the kidney fern, sport fronds only a single cell thick. That is one reason I was so delighted to see them; having spent little time in the tropics and living in a place where unattended brown sugar becomes sandstone within hours, I’ve had little opportunity. After a while, I had to suppress the urge to touch every one I saw to keep my hiking partners from killing me.
Yet another filmy fern quirk springs from their lack of waxy cuticles that most plants use to seal in water. As a result, filmy ferns dessicate easily. But because they are poikilohydric like mosses -- another primitive, or ancestral, trait -- and thereby adapted to survive complete water loss, they spring back to life upon rewetting. If you’ve ever tried this with a flowering plant (and many, many people have run this experiment), you will find the results considerably less satisfactory.
Flowers? Well, no. Superpowers? Hell, yeah. Primitive doesn't mean powerless -- or inferior. Just first.
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Ahoy! This here is the 4th Featured Article. "Shanks" has been featured, meaning it was chosen as an article of interest.
"Red-Haired" Shanks,[9] also commonly known as "Red Hair",[11] is the captain[5] of the Red Hair Pirates[2] and a member of the Four Emperors that rule over the New World.[3] He is also a former member of the legendary Roger Pirates, the only group to successfully conquer the Grand Line, where he started as a pirate as an apprentice.
Notably, he is the pirate who inspired Monkey D. Luffy to go on his journey as a pirate,[12] and his crewmate Lucky Roux found the Gomu Gomu no Mi that was accidentally eaten by Luffy.[13]
Contents show]
Appearance Edit
Shanks is a relatively tall man (just under two meters),[9] well-built, tan-complexioned, and in the prime of his mid-adulthood.[6] Among the Four Emperors past and present he stands out as the smallest, most normal-sized by far, the others being various degrees of inhumanly proportioned.
True to his epithet, Shanks has distinctly red hair: usually depicted across media as deep-crimsonish. Worthy of note is that, uniquely among all characters yet seen, even ones with comparable hair tone, Shanks' hair is the sole one filled with grayscale in the black-and-white manga (instead of inked black or left white). His first-seen hairstyle was a straight, middle-parted one kept loosely down to nape length, with shorter (at eye level), curtained bangs in the front.[5] In later appearances (at ten years older), he is shown with slightly longer hair, wavier and more slicked back than before except for some few strands he lets fall down the sides of his face, pushed farther sideward than said prior bangs.[14][15][16][17]
On his face resides a secondary trademark: a triple set of vertically parallel, linear scars that pass at an angle over his left (untouched) eye, revealed to have been given to him by Blackbeard some unknown time before the start of the series.[18] Additionally, Shanks' left arm is missing from below the deltoid, a result of him saving Luffy from a Sea King when Luffy was a child.[19] As did his hair, Shanks' face changes as the manga's art style progresses: initially, it appeared more youthful, a soft jawline tapering down to a small, pointy chin. Its features were similarly milder than later depictions and, save for his small nose, also larger, most so his plain-black eyes, topped by thin brows.[5] Later appearances show him more markedly countenanced, the square of his jaw, the sharper, narrower pair of eyes, and the chiseled, more prominently bridged nose lending him a manlier appearance.[14][15][17] More consistent stays the man's facial hair, however, that he has always kept in a neatly thin connection of beard and mustache stubble, forming the beginnings of a circle beard.
Clothes-wise, Shanks used to wear a certain straw hat obtained from Gol D. Roger (his former captain) that was synonymous with his image until he passed it on to Luffy. Otherwise, his outfit always includes a sweeping long, sleeveless black cape with a high collar (in the anime bearing a lighter, gray inside), and under it a simple, white shirt half-buttoned up, exposing the middle of his chest and upper abs. Additionally, Shanks is always seen wearing pants cut below the knee, collected halfway up the shin. Initially (Chapter 1) the pair was a slightly loose, plain-brown one with golden buttons down the outer leg sides, and with a red sash around his waist to keep his shirt tucked inside.[5] Later on, he is seen wearing a different, mildly baggier pair of pants with a green-yellow, indiscernible floral pattern (now revealing plenty leg hair), and his shirt is left out of his sash, which is now shown holding his saber at his right side. Finally, his footwear consists of simple brown sandals, their soles gray-studded.[14][15][17] After the timeskip, he is at some point seen wearing different pants yet again, light-colored with a rose pattern.[20]
At nine years old, Shanks was already used to wearing his straw hat, and had a similar, longish hairstyle in a middle part as his present one.
Gallery Edit
Main Series Edit
Video Games Edit
Other Edit
Personality Edit
Shanks is an extremely laid-back man, preferring to take his time as he and his crew traveled around the world as opposed to rushing from one place to another.[21] Shanks is a compassionate man who leads his crew members with benevolence and is largely seen with respect from other captains. His selflessness is thus that he didn't even think twice when losing his arm defending a young Monkey D. Luffy from the Sea King.
He typically avoids taking action that will result in violence, and is even able to waver the resolve of prominent figures, such as Dracule Mihawk to join in with his fun.[2] However, despite his outward simplicity, Shanks bears a rather complex moral code. His aversion to conflict has lead him to believe that if personal opinions conflict, no matter how close the individuals may be, it is better to part.[22]
It is indicative that Shanks prefers others to see him as someone who cares little about his wellbeing, preferring to laugh off even dire situations as opposed to taking direct conflict.[23] His carefree nature ends however when those under his leadership or protection are threatened.[24]
“ Listen up… You can pour drinks on me, you can throw food at me… You can even spit on me. I’ll just laugh that stuff off. But… Good reason or not… Nobody hurts a friend of mine. ” — Shanks to Higuma when witnessing him hurting Luffy
Shanks and his crew are almost always seen partying and drinking alcoholic beverages whenever they make an appearance, as the captain's favorite pastimes are attending and hosting parties and banquets.[25][2]
As noted by the Five Elders, Shanks is a pacifist by nature who does not actively seek to cause chaos and disorder. He is also against the idea of needless bloodshed, even if honor is involved, and so far seems to only step up for a fight when a friend is in danger.[26][24] He also seems to admire those who have courage, having protected and commended Koby for gathering his courage to stop the war as the young Marine believed that it was pointless to continue.[27]
Shanks also has skills in diplomacy, as shown when he brokered a ceasefire between the Whitebeard Pirates and the World Government. His skills in diplomacy are so great that he managed to convince Sengoku to agree with his proposition, even though Sengoku has a strong hatred for pirates.[28]
He also likes teasing people, as demonstrated by his apparent reactions to Luffy as a child.[29] Shanks himself was like Luffy (as a child) in his younger years.[30]
Despite being calm and brave most of the time, Shanks sometimes reacts in ways that are not always fitting in what others expect from him, a trait noted by Buggy as having "always annoyed him". These include panicking when things go wrong[31] or shrugging off Buggy's angry disposition towards him to greet him in a friendly manner.[32] He also seems to carry something personal regarding Marshall D. Teach deep within him, as when he spoke about his 3 scars to Whitebeard, he became serious about the situation surrounding Teach.[33]
Even though he has traveled the world, Shanks believes the best sake can be found in his hometown in the West Blue.[34] When with Whitebeard, he also refers to alcohol as "healing water".[15]
Like other characters in One Piece, Shanks has his own unique laugh, starting it with a "Da" (i.e. Dahahahahaha!).[35]
Relationships Edit
Red Hair Pirates Edit
Shanks seems to generally get along with them all, and they look up to him with respect as their captain, whom they refer to as “Boss”. Shanks looks out for the well-being of the entire crew, from refusing to take a child (Luffy) onboard his ship[35] to denying permission to take on Whitebeard's men who had insulted Rockstar's honor.[26]
Benn Beckman Edit
Beckman is the right-hand man of Shanks. He seems amazed at the actions of his captain, such as panicking when Luffy was taken[31] or getting even drunker while already hungover when Mihawk brought news of Luffy's new bounty.[2] He is one of the three members of the crew who always appears with Shanks.
Lucky Roux Edit
Lucky Roux is unquestionably loyal to his captain as he quickly shot one of Higuma's men who pointed a gun at Shanks' head. He is also one of the three members of the crew who is always seen with Shanks.
Yasopp Edit
Yasopp joined Shanks' crew after Shanks heard stories about the most accurate shooter and came to his home island to find him. Yasopp is happy to fulfill his dream of becoming a pirate and is grateful to Shanks. He is one of the three members of the crew who always appear with his captain.
Rockstar Edit
Rockstar also respects and admires his captain. Although he was a beginner, Rockstar was ready to defend Shanks' honor and dignity while he was on Whitebeard's ship, delivering a letter. He also tried to use the strength of his captain to back up the importance of the letter he delivered to Whitebeard. Shanks also had Rockstar cease any attempt at fighting Whitebeard since he didn’t want him to lose his life over foolishness.
Roger Pirates Edit
Of the Roger Pirates, most relationships between Shanks and the other crewmates remain unknown. However, it has been shown through flashbacks that he would fight with Buggy over just about anything, which led to them being punished by Silvers Rayleigh.[36]
Just like Buggy, he had a close bond with Gol D. Roger, as he was seen crying at Roger's execution[37] and had acquired Roger's Straw Hat from him.[38] Shanks appears to still think about him from time to time, as he compared Luffy to Roger when meeting him. After Ace's death, Shanks remarked on how he and Roger were similar in some ways.
Shanks appears to be still acquainted with Silvers Rayleigh, as in their reunion on Sabaody, Shanks told him about Luffy and the latter became eager to meet him.[39].
Shanks was well acquainted with Inuarashi and Nekomamushi, having met the two rulers of the Mink Tribe while sailing on Roger's ship when they were retainers for Kozuki Oden.[40]
Initially, Shanks and the other crew members were not welcoming towards Kozuki Oden, but over time, they warmed up to him.[41] Shanks held Oden in high regard as he wanted to help him make Wano Country open to the world, however, Oden declined the offer. Oden, in turn, referred to Shanks as the first son.[42]
Friends Edit
Monkey D. Luffy Edit
Luffy looks up to Shanks, who is his role model, a childhood hero, and the man he wants to eventually surpass. At first, Shanks never took Luffy seriously because he was just a boy, so he mocked Luffy's dreams to become a pirate, dubbing him "Anchor".[29]
Later, as Shanks and his crew were leaving after Luffy stood up for him in front of Higuma and his men, Luffy declared he would become better than him, causing Shanks to begin to treat him seriously. As the ultimate expression of this, he entrusts Luffy with his signature Straw Hat, which is of extreme sentimental value to Shanks (as it belonged to his former captain). There is an understanding between the two that Luffy will return the hat upon him becoming a great pirate, a promise that they have both taken very seriously - Luffy defends the Straw Hat with his life, upon arriving at Marineford, Shanks was not ready to accept the hat back. Benn Beckman told Shanks that Luffy is going to make something of himself, which Shanks confirmed by saying that Luffy reminds him of himself when he was Luffy's age.[30] Just as Luffy is currently looking for Shanks, Shanks eagerly awaits the day that he meets up with Luffy.[43] Shanks also sees Luffy as the future of piracy, a belief he was not shy with Whitebeard about when discussing his lost arm,[44] and was so delighted at seeing Luffy's first bounty that he threw a party to celebrate, even though he was already suffering from a hangover from getting drunk previously.[2] He expressed his empathetic thoughts for Luffy after helping bury his brother Ace after the war, knowing that it must be hard on him.
They still have yet to meet each other face to face since Luffy was a kid, but Luffy restated his interest in seeing Shanks again in the New World after departing from Fish-Man Island. Meanwhile, Shanks and the Red Hair Pirates seem delighted at Luffy's fifth bounty.[20]
After Luffy's actions in Charlotte Linlin's territory was revealed to the world and has marked him as the "Fifth Emperor", Shanks was pleased with Luffy's progress and stated that Luffy is almost ready to meet him.[45]
Buggy Edit
Shanks and Buggy served on the Roger Pirates since their childhood and they constantly fought with each other. Ironically, in their youth Buggy accused Shanks of being too naïve and innocent to ever make it as a pirate, but Shanks is currently a great pirate while Buggy and his crew are very weak in comparison. Because of Shanks' fault, Buggy lost a treasure map and ate the Bara Bara no Mi by mistake, being unable to swim, he has a grudge since then.[46]
However, despite what they say about each other, Shanks did not hesitate to save Buggy after the latter almost drowned.[47] Shanks also tended to him after he fell ill while the rest of the crew went to Laugh Tale and later wanted him to be on his crew.[48]
After Roger’s execution, Shanks acted on his promise and offered Buggy a position in his crew, but the latter refused to work for him and they had not met each other for years. Despite their last meeting, it appears Shanks kept tabs on him as he was aware of Buggy’s activities as a pirate. The Marines themselves described their relationship as a "brotherly bond"[49] and Whitebeard himself has noted that the two were always together.[50] Kozuki Oden even wondered whether Shanks and Buggy saw each other as friends or enemies.[51]
When the two met for the first time in over twenty years, Shanks was able to trick Buggy into giving Luffy the Straw Hat back.[52] After learning of his deception, Buggy furiously berated Shanks for it afterward while Shanks himself was calm and greeted him jovially despite Buggy's reaction, indicating that despite their differences, the pair's relationship is still on similar ground to what it was in the past, although Shanks has matured. However, he still seems to view Buggy as a friend, since he was able to shrug off the latter's anger.[32] Ironically, it was partially due to Buggy's association with Shanks (along with several other factors) that led to Buggy being offered the position in the Seven Warlords of the Sea by the World Government.
Makino Edit
In Foosha Village, Shanks was close friends with Makino, the bartender of the village. Makino was very caring towards Shanks when Higuma assaulted him. Shanks even offered to help clean up the mess Higuma made,[53] and Makino helped clean off Shanks after Higuma left.[54] She was very grateful toward Shanks for saving Luffy at the cost of his left arm and holds him in high regard, knowing that, despite being a pirate, he is a good person. She even helped Ace learn to thank Shanks for saving Luffy's life.[55]
Dracule Mihawk Edit
In the past, they sought out each other on many occasions to duel. Their battles were said to echo through the whole Grand Line.[56] However, Mihawk has given up on trying to fight Shanks after he lost an arm. He retains a neutral, though a somewhat friendly relationship with Shanks, and can track him down if the need arises. He and Shanks do manage to get along, regardless of their opposite personalities. Shanks was able to get Mihawk to join in when he threw a party to celebrate Luffy's first bounty, even when moments beforehand, Mihawk had scorned how laid-back Shanks was.[2] Mihawk even mused out an apology to Shanks during the battle at Marineford, where he declares that he will not be holding anything back against Luffy right before launching a full-force assault upon him.[57] When Shanks made his entrance during the Whitebeard War, Mihawk left the battlefield while stating that he agreed to participate in the war against Whitebeard, but fighting "Red-Hair" is beyond the scope of the World Government's orders.[58]
Marco Edit
Shanks and Marco met over twenty-five years ago but did not show any animosity towards each other back then.
Marco once regarded Shanks as an enemy due to being a rival of his captain. After Shanks knocked out some Whitebeard Pirates with his Haki, Marco insulted and scolded him for the damage he had done, and even told him to shut up after the Emperor offered him a chance to join his crew.[59] When Shanks arrived at Marineford to stop the war, he asked Marco to withdraw.[60] After the battle of Marineford, Marco apologized to Shanks for his previous behavior and genuinely thanked him for ensuring the funerals of both Whitebeard and Ace, finally acknowledging him as something of an ally.[61]
Portgas D. Ace Edit
Shanks was on relatively good terms with Ace, who seemed to greatly respect him primarily for his role in saving his adoptive younger brother, Luffy, from the Sea King during the incident with Higuma.[62] After setting out to begin his life of piracy, Ace immediately sought out Shanks to meet the man in person and thank him on Luffy's behalf. Shanks initially thought that Ace came to confront him (he was ready to unsheathe his sword at the Logia user on that very encounter), but immediately warmed up to Ace upon learning of his relation with Luffy.[63] Shanks showed some concern for Ace upon learning that he was in pursuit of Blackbeard, and personally sought out Whitebeard to vocally disapprove of this and attempt to persuade him to recall Ace. After the announcement of Ace's execution, it was revealed that Shanks personally intercepted Kaido, another member of the Four Emperors, when the latter attempted to take advantage of the situation by attacking Whitebeard.[65]
It is unknown if Shanks ever found out that Ace was the son of his captain, Roger, before Sengoku made this fact public to the world. However, he has made connections between their personalities and behaviors in retrospect (at the burial site of Whitebeard and Ace), as neither of them would back down when someone they cared for was insulted.[61]
Enemies Edit
World Government Edit
The World Government views Shanks as a problem and a troublemaker, but realizes he is a man who will not try to change the world by himself. However, due to the position he holds, they fear he could get out of hand and are prepared to eliminate him if he ever does. The World Government tolerates his actions until that time comes.[66] Despite his status as a notorious pirate, Shanks was permitted to meet with the Five Elders at Mary Geoise during the Levely. The Five Elders even allowed him to speak with them in private so he could talk to them about a certain pirate.[67]
Marines Edit
Shanks and Sengoku hold some level of respect for each other; even as enemies, both the World Government and Red Hair Pirates see a clash between sides as the final option. When Shanks arrived at Marineford and proclaimed that the pirates would give Whitebeard and Ace proper burials, Sengoku agreed to hand over the bodies and declare the war to be over, as well as take all responsibility himself, which Shanks thanked him for.[28] Vice Admiral Garp blames Shanks for poisoning Luffy's mind with ideas about being a pirate when he wanted his grandson to become a Marine.[68]
When Koby was about to be killed by Admiral Akainu for wasting precious seconds of the war by begging for a ceasefire, Shanks defended him and commended Koby for his brief moment of courage, which he stated would change the future of the world for better or worse.[27] Shanks earned Akainu's fury not only for protecting Koby but because his arrival had allowed Luffy to escape his grasp.
Marshall D. Teach Edit
The one Shanks seems to watch out for the most is Blackbeard, who gave him his three scars in a previous encounter.[18] Shanks himself seems to know the potential danger Blackbeard represents is greater than that of anyone else.[69]
The two first met after a skirmish between the Roger Pirates and the Whitebeard Pirates. Shanks was envious of Blackbeard's rumored inability to sleep.[70]
At Marineford, the two confronted each other and Shanks addressed Teach in a tense manner, and only he seemed to regard Teach as a significant threat compared to the Marines or the Whitebeard Pirates and their New World subordinate crews. Teach was initially surprised at seeing him again but was amused at being called out by Shanks before he mocked him for the scars he gave him which angered Shanks.[71]
Having already proclaimed "his" era is beginning, unveiling the new members of his crew, and demonstrating control over two Devil Fruits, Teach said he had achieved his goal for the time being, while also knowing he was not ready to face Shanks.[72]
Higuma Edit
Higuma was a bandit who wanted to ridicule Shanks by breaking a bottle of sake at the Partys Bar, soaking him. Despite such a situation, he laughed carelessly with his crew. However, after seeing that Higuma threatened Luffy, Shanks warned him to leave the boy, saying that he did not care if he ridiculed him, but that he would not allow him to hurt his friend. After that, Higuma kidnapped Luffy, causing Shanks to go after him into the sea, and resulting in Higuma being devoured by the same Sea King that left Shanks without his arm.[73]
Other Edit
Edward Newgate Edit
Since his time on the Roger Pirates, Shanks would constantly fight with the latter.
Despite that being one of the Four Emperors made Whitebeard an adversary, Shanks met with him personally to warn him to keep his distance from Blackbeard,[33] and prevented another Emperor, Kaido, from reaching Whitebeard, which enabled him to arrive at Marineford without any hindrance.[74] After Whitebeard's death, Shanks saved Whitebeard's crew and the other allies and gave Whitebeard and Ace a proper burial.[61]
Kaido Edit
Not much is known about the relationship between Shanks and Kaido. When Kaido tried to stop Whitebeard from going to Marineford, Shanks intercepted him to allow the Whitebeard to rescue Ace.[65] It is not known what happened during their encounter, but Shanks arrived at Marineford unharmed.[75]
Eustass Kid Edit
No direct interaction has been shown between the two, but Kid has formed an alliance with fellow captains Basil Hawkins and Scratchmen Apoo to overthrow him. Kid also confirms that he lost his arm in an encounter with the Red Hair Pirates.[76]
Abilities and Powers Edit
Overview Edit
As a former member of the Roger Pirates, captain of the Red Hair Pirates, and one of the Four Emperors in the New World, Shanks is known to be one of the four strongest pirates in the world. However, not much is known about Shanks' powers and abilities in detail.
Despite being the youngest of the Four Emperors, Shanks is on an equal level with the more experienced Kaido, Charlotte Linlin, and even Whitebeard, who was feared as the strongest pirate in the World. Rockstar also used his captain's name to convey to Whitebeard the importance of the letter he delivered to him.[77] It was also stated by the Five Elders that he is one of the few people capable of stopping Teach.[78] Admiral Akainu fought through many men, a couple of Whitebeard's division commanders, and two former Warlords of the Sea to get to Luffy, but did not challenge Shanks when the Emperor appeared.[79] Members of the Worst Generation such as Eustass Kid, Scratchmen Apoo, and Basil Hawkins had to ally with each other to have a possibility of overthrowing Shanks.
As a member of the Four Emperors, Shanks' name alone commands great power, as Buggy himself proved. His assertion that he previously had a "brotherly bond" with Shanks was one of the many things that earned him respect from the Impel Down inmates.[49] In addition, Buggy did not shy from using the names of Shanks and his previous captain, Gol D. Roger, to maintain his respect among them.[80] Even the fact that Buggy was seen back talking to Shanks was seen as a testament of Buggy's power to the former prisoners, who were not aware that the two had always acted like this and mistakenly thinking that it was because Buggy was not afraid of an Emperor.[32] Shanks commands enough power to end the war at Marineford with just words. When he stated that there was to be no more fighting, no one stepped up to challenge him, even though the Marines were fired up after the death of Ace and Whitebeard.[79] When Shanks offered to fight the very overconfident and pompous Blackbeard (who moments before had boasted about destroying the island and taking down Fleet Admiral Sengoku and Vice Admiral Garp after having already killed Whitebeard), Blackbeard declined and decided to leave, as it was too soon for him and his crew to take on Shanks.[81] Furthermore, when Shanks requested that Whitebeard and Portgas D. Ace's dignity at death not be violated, Sengoku himself decided to call off the war and offered to take responsibility, showing that despite being a pirate, Shanks has earned Sengoku’s respect, something that no pirate other than the late Whitebeard is known to have achieved.[28] He also possesses enough influence to gain an audience with the Five Elders, who like the leaders of the World Government would normally consider him an enemy. Although he did have to wear a hood to hide his identity to not cause trouble.[67]
Leadership Edit
According to Brannew, one of Shanks' greatest attributes is his leadership and charisma, having managed to earn the absolute trust and loyalty of the most talented and capable individuals from the four seas and Grand Line all noted for having particularly high bounties and recruited them into his crew. The most prominent are his officers: Benn Beckman of North Blue, Yasopp of East Blue, and Lucky Roux of South Blue. This made Shanks' crew extremely well balanced and impregnable, able to contend equally with the enormous military power of Charlotte Linlin's Big Mom Pirates, Kaido's Beasts Pirates, and Edward Newgate's Whitebeard Pirates.[82]
Stealth Master Edit
Shanks proved to be extremely skilled at infiltration and stealth, as shown when he successfully managed to infiltrate Mary Geoise by wearing only a cloak, a noteworthy feat considering that for most pirates, entering through Mary Geoise without being invited or enslaved is practically considered an impossible and unthinkable feat. He also avoided detection from the many guards and marines present.[83]
Physical Abilities Edit
Shanks has immense physical strength as he was once a rival to Mihawk, a master swordsman with tremendous power that could overwhelm Zoro in terms of brute force with immense ease. Even with only one arm, Shanks can apply tremendous power to his swordsmanship, able to easily match Whitebeard, a gigantic man, who could completely overpower giants and an entire army of powerful and skilled Marine officers.[84] With his physical strength combined with Busoushoku Haki, Shanks could defend against Akainu's magma fist which has extremely destructive offensive power that could burn powerful enemies such as Jinbe, Ace, and even Whitebeard.[85]
Shanks possesses an immense amount of endurance and tolerance to pain. Even after having his arm bitten off by a Sea King that attempted to devour Luffy, Shanks was completely unfazed despite the heavy bleeding and simply used Haoshoku Haki to scare off the Sea King.[86]
Shanks is also an excellent swimmer, having once swam deep into the ocean depths to save Buggy from drowning and also swam a long distance fast enough to save Luffy from being devoured alive by a Sea King.[87]
Swordsmanship Edit
As the former rival of Mihawk who is known as the world's greatest swordsman, Shanks himself is an immensely powerful swordsman.[56] Shanks could match a blow from Whitebeard with only one arm, which is a testament of his prowess in swordsmanship.[88] Shanks is also powerful enough to easily defend against Akainu's magma fist using only his sword and Busoshoku Haki.[27]
Shanks appears to have favored his left arm before he lost it, as he is always seen holding his sword in his left hand during flashbacks. He is presumed to have been left-handed.[89]
Haki Edit
Further information: Haki
Shanks is one of the very small number of people in the world who can use all three types of Haki. Even Whitebeard complimented Shanks for his Haki when he used it on his visit.[90]
Haoshoku Haki Edit
Shanks can use Haoshoku Haki,[91] an ability that only one in several million people can use.[92]
After saving Luffy from a Sea King, Shanks frightened it off with a single angry glare using this ability.[93] Later, while Shanks was boarding Whitebeard's ship for their meeting, a large number of Whitebeard's crew (experienced men who have survived in the New World) lapsed into unconsciousness and the ship itself began to take physical damage from Shanks' mere presence. Whitebeard's men attributed this to his superior Haki.[94]
Oda mentioned in an SBS that Shanks could have knocked out all 100,000 pirates and fish-men opposing the Straw Hats during the Fish-Man Island Arc with his Haoshoku Haki (Luffy managed to overwhelm 50,000).[95]
Busoshoku Haki Edit
Shanks has great mastery over Busoshoku Haki, as shown during the Battle of Marineford, with his Haki-infused sword he easily blocked Akainu's magma enhanced punch that is powerful enough to burn the strongest enemies such as Ace, Jinbe, and even the Emperor Whitebeard.[27]
Kenbunshoku Haki Edit
Shanks possesses the ability to use Kenbunshoku Haki.[9] He has been seen using it while on Whitebeard's ship when dodging the jug thrown at him by Whitebeard after their discussion and in the video game One Piece: Pirate Warriors 3.
Weapons Edit
Further information: Gryphon
So far, Shanks has only wielded a sword named Gryphon in combat. Gryphon is a large saber with a single edge blade and a large hand guard.[88]
Shanks has wielded four different swords at various points in the past aside from Gryphon. He used two different swords during his time as an apprentice pirate aboard Gol D. Roger's ship[89] (one around the time Buggy ate the Bara Bara no Mi and another during a clash with the Whitebeard Pirates)[88] and another one during his stay in Luffy's hometown.[96] He was seen wielding a different sword during his meeting with Ace, which means he obtained Gryphon after the encounter with Ace.[97]
In One Piece: Pirate Warriors 3, Shanks wields a large firearm (either a shotgun or rifle) which he uses during certain combos. He also wields a similar weapon in One Piece: Burning Blood, though only as part of the moveset for his Strong World costume.
Video Game Only Techniques Edit
This Isn't For Show: Shanks pulls out a large shotgun and fires it. Used by Shanks (Strong World) as one of his special attacks in One Piece: Burning Blood. He also uses the said gun as a part of his C2's full-input-finisher and his inverted C3's full-input-finisher in Pirate Warriors 3.
Betting on a New Era: Shanks charges towards the opponent and knocks them into the air with Gryphon, then pulls out his shotgun and shoots the helpless opponent. This Isn't For Show can be used afterward for a follow-up attack. Used by Shanks (Strong World) as one of his special attacks in One Piece: Burning Blood.
History Edit
Past Edit
The Apprentice Years Edit
Shanks is originally from the West Blue and at least 30 years ago at the age of nine, he was seen among the Roger Pirates with fellow apprentice Buggy. The two were seen reading a newspaper and Shanks looked with an unhappy smile on the news since it kept focusing on the Whitebeard Pirates. At this point, he is already wearing his straw hat, which was previously Roger's.[98]
28 years ago, his captain was found to have an incurable disease. Later, they entered the Grand Line and recruited Crocus as ship doctor.[99][9][100]
At least more than 27 years ago, he spent most of his time together with fellow apprentice Buggy, arguing over meaningless things, such as which pole was colder, the North or the South. Their constant bickering was met with annoyance by the crew's first mate, Silvers Rayleigh.[36] Despite the difference between them, both pirates were often seen together while they were on board the ship. This led Whitebeard to notice and even remember seeing a "big nose" with Shanks during their battles with Gol D. Roger.[101]
As a pirate, he took part in many things such as fighting with other crews and at some point they clashed with Whitebeard's crew.[102]
Later, the crew spotted a nearby ship and was preparing to attack it. As they prepared for combat, Shanks and Buggy discussed the importance of treasure, with Shanks claiming that treasure is not the only important thing in a pirate's life. During a raid on an enemy ship, while the crew retrieved a Devil Fruit: Bara Bara no Mi, Buggy found a treasure map marking the location of a valuable underwater treasure which he did not plan to share with anyone. After the battle, the crew threw a party in celebration of their victory, and Shanks tried to invite Buggy to join them, as they had found a "weird treasure". That night, Shanks and Buggy talked about what they were planning to do after leaving the crew, and when Buggy claimed that he would gladly take Shanks as his crew member if it were not for his ideals, Shanks stated that he did not want to be Buggy's follower and that people with different beliefs like them should travel different paths. The two of them agreed that they would meet as enemies once they left the crew before Shanks told Buggy about how they had found a Devil Fruit, which he noted would sell for around 100,000,000 causing Buggy to improve his scheme.
The next day, after Buggy ate a fake version of the Devil Fruit to trick the rest of the crew, Shanks came across him with the real fruit, forcing Buggy to hide it in his mouth. Shanks told Buggy to not steal too much food and walked away, but came back to tell him something that Roger just did, surprising Buggy, who accidentally swallowed the Devil Fruit. As Buggy was yelling at him, Shanks noticed the map Buggy had found earlier floating away, which prompted Buggy to leap into the ocean in pursuit of it. However, since Buggy could no longer swim, Shanks also leaped into the ocean and saved him.[103][104]
27 years ago, while the crew was being confronted by Golden Lion Pirates, Shanks reminded Buggy not to worry since his body is immune to slashing attacks. Soon after, this battle was known as Edd War.[105]
At some point 26 years ago, the Roger Pirates were causing a ruckus on an island. After defeating a group of Marines, they learned that the Whitebeard Pirates docked on the other side of the island.[106] The Roger Pirates then clashed with the Whitebeard Pirates for three days and three nights before the skirmish ultimately became a gift exchange. Shanks and Buggy gossiped about Marshall D. Teach's inability to sleep. The Roger Pirates were then joined by Kozuki Oden and his family as well as Inuarashi and Nekomamushi.[40] At some point, the crew visited Skypiea.[107]
After leaving Skypiea, the crew's voyage took them to Water 7, Tequila Wolf, Sabaody Archipelago, and Fish-Man Island. Sometime later, they left Toki, Momonosuke, Hiyori, Inuarashi, and Nekomamushi at Wano Country. Sometime after the visit to Zou, Buggy became ill and Shanks stayed with him so they never went to Laugh Tale with the rest of the crew.[108]
After Roger returned from Laugh Tale, Shanks asked Roger something only to shed tears afterwards. 25 years ago, Shanks offered Oden his help to open Wano's border only to be politely declined by him.[109]
After Roger became Pirate King, the crew was disbanded in secret a year before his death. Roger was the first to leave and after parting ways with their captain, the rest of the crew returned Oden to Wano Country.[110] The other members, including Shanks, left the crew one by one.[111]
24 years ago, Shanks was among the attendant during Roger's execution at Loguetown. He was seen crying after his former captain passed away. Later, at the same place, he started making plans for his own pirate career. He offered Buggy to join his crew but the latter refused to work for him and the two went their own way. Shanks would often hear tales of Buggy's activities as a pirate.
The Rise of Captain Red-Haired Shanks Edit
22 years before the current timeline, Shanks heard about a skilled sniper by the name of Yasopp and went to Syrup Village to recruit him.[112] At some point in his life, Shanks encountered Marshall D. Teach again, then a member of Whitebeard's crew. What exactly happened is unknown, but Blackbeard left Shanks with the 3 scars across his left eye.[18] The exact date of that event is unspecified. However, there are signs indicating that those scars were made near the time of Roger's execution: while images of a younger Shanks depict him with his face unscathed, in two flashbacks (in Chapter 434 and Chapter 0), he has his face hidden by his hair and his hat.[113][114]
Shanks also fought often with Mihawk, and their battles were said to echo through the whole of the Grand Line.[56]
12 years after the Roger Pirates' disbandment, Shanks arrived on Dawn Island, where he met a strange young boy named Monkey D. Luffy. Intrigued by the boy and enjoying the atmosphere of Luffy's village, he decided to make the island his crew's base for a short period of time, which turned into a year.[21] Luffy quickly grew attached to the crew, so much so that he wished to join their ranks and become a pirate as well, but Shanks refused to allow the boy into his crew on the basis that he was too young.[35]
Romance Dawn Edit
One day, Shanks and his crew were parting in the Partys Bar, with Shanks denying Luffy the opportunity to join his crew because he felt the boy was too young and inexperienced. After tricking Luffy into drinking juice, Shanks told him that he and his crew would be leaving the village after two or three more trips, which Luffy said would give him time to learn how to swim. However, they were interrupted when Higuma and his bandits arrived and demanded sake, which Shanks and his crew had drank all but one bottle of. Shanks offered Higuma the last bottle, but Higuma smashed it over his head because he felt it was not enough. When Shanks tried to clean up the mess rather than retaliate, Higuma threw Shanks' food onto him and left, convinced that Shanks was a coward. Afterward, Shanks and his crew laughed over his humiliation, but Luffy, disillusioned by how Shanks refused to fight back, tried to leave, leading to Shanks discovering that he had eaten the Gomu Gomu no Mi when he grabbed Luffy's arm. Shanks told Luffy that this meant he could never swim again.[115]
A few days later, Shanks and his crew went out to sea, with Luffy being left behind once again. Eventually, Higuma returned and took Luffy as a hostage when the latter insulted him. As Higuma was preparing to kill Luffy, Shanks, having returned, appeared nearby and teased Luffy about his claim of having a punch as powerful as a pistol. Higuma warned Shanks to stay back, and when Shanks began to approach him, one of the bandits put a gun to his head. However, Shanks merely told the bandit to not point a gun at someone to scare them as Lucky Roux shot the bandit in the head, shocking the onlookers. When the other bandits claimed this was dirty, Shanks pointed out how he and his crew are pirates before telling Higuma that he will never forgive someone for harming his friend, no matter what their reasons may be. After Benn Beckman defeated the rest of the bandits, Higuma tried to claim that Luffy is the one who started this, but Shanks stated that it did not matter because Higuma had a bounty on his head, forcing Higuma to throw a smoke bomb and escape. Shanks expressed shock at Luffy having been kidnapped and frantically wondered what they should do.[116]
Soon afterward, Shanks caught up to Luffy, who had been thrown into the ocean by Higuma, and defended him from the Lord of the Coast, whom he scared away with a glare. However, as Shanks was comforting him, Luffy began crying over how Shanks had lost his left arm in defending him, only for Shanks to claim it was just an arm. Later, Shanks and his crew began preparing to leave the village. When Luffy told him that he would become a pirate on his own, Shanks claimed that Luffy did not have what it took to become a pirate, which prompted Luffy to angrily proclaim that he would gather his own crew to rival Shanks' and claim One Piece himself. Smiling at this, Shanks gave Luffy his straw hat and told him to return it once he had become a great pirate, causing Luffy to begin crying. As Shanks boarded his ship, Beckman told him that he believed Luffy would become a well-known pirate, which Shanks agreed with because Luffy reminded him of himself when he was younger.[117]
Return to the Grand Line Edit
Shortly after, Shanks returned to the Grand Line, eventually arriving on the Sabaody Archipelago and meeting Rayleigh again. To Rayleigh's surprise, he had lost his trademark Straw Hat along with his left arm. When Rayleigh asked him why he excitedly started telling him about the young boy he met in East Blue who had spoken the exact same words as Gol D. Roger.[118] Sometime later, Dracule Mihawk ceased dueling with Shanks because of his lost arm but he retained a casual standing with the latter and Shanks told him about Luffy.
Six years after leaving Foosha Village and four years before Monkey D. Luffy began his pirate career, Shanks would become recognized as one of the Four Emperors.[119]
Meeting with Ace Edit
At some point, he met Portgas D. Ace, who thanked him for saving his little brother.[63] Shanks quickly became friendly when Ace revealed his association with Luffy and Makino,[120] and threw a party to celebrate.[63]
While talking, Ace told Shanks that he had no intention of becoming Pirate King, but rather wanted to make his reputation spread throughout the whole world. Ace then asked Shanks about the scar on his face, and Shanks replied that he was unsure what the man who gave it to him was doing at the time, not revealing his name. Ace then left, and Shanks and Benn Beckman noted that his Haki was strong enough to melt away the snow while he was there.[120]
East Blue Saga Edit
Loguetown Arc Edit
Sometime later, while Shanks and his crew were relaxing on an island after drinking too much, Mihawk arrived. After stating he had no interest in fighting him again, he showed Shanks that Luffy had gained a bounty of 30,000,000. Seeing Luffy had finally made his emergence, a gleeful Shanks had Mihawk stay as he threw another party despite his hangover from his previous drinking session.[2]
Sky Island Saga Edit
Jaya Arc Edit
Shanks later expressed an interest in Ace's pursuit of Blackbeard and sent Rockstar to deliver a note to Whitebeard concerning this matter. Angry that Shanks sent him a letter, Whitebeard told Rockstar his captain must come in person and bring plenty of good rum. Elsewhere, Shanks talked on a Den Den Mushi to Rockstar, where he laughed how the old man has not changed a bit and denied Rockstar the chance to redeem his honor against the Whitebeard crew before ordering him to come back. When Beckman questioned whether or not he should go to Whitebeard, Shanks told him that the crew should prepare for battle.[121]
Water 7 Saga Edit
Post-Enies Lobby Arc Edit
“ But he is not a man who would try to upset the world himself. We will observe him without taking rash actions! ” — A member of the Five Elders on how they should deal with Shanks
After Whitebeard told Rockstar that Shanks would need to come to him in person if he wanted to deliver a message, the two Emperors finally met after the Enies Lobby incident.[122] As Shanks boarded Whitebeard's ship, he used Haoshoku Haki to render the lower-ranking members of Whitebeard's crew unconscious. Having arrived on the deck, Shanks apologized for his actions and claimed he was simply being cautious before telling Whitebeard he came to talk and had brought some "healing water". When Marco pointed out what Shanks had done, Shanks asked him to join his crew, which Marco angrily rejected.[123]
After sitting down to drink with Shanks, Whitebeard began reminiscing about the past, where he noted that Shanks used to be a simple apprentice on Roger's ship. When Whitebeard asked him if the "Red Nose" that was with him was still alive, Shanks revealed that he had not seen Buggy since they split up at Loguetown before revealing that he had heard rumors of Buggy still being a pirate. Whitebeard claimed that he could still hear the duels between Shanks and Mihawk that used to echo throughout the Grand Line before asking him what enemy he lost his left arm too, only for Shanks to state that he bet it on the "New Era".[124]
“ No one could have stopped this, it's the rampaging point of this age! ” — Shanks' statement before clashing with Whitebeard
Shanks noted that the scars over his left eye were currently aching and revealed that Blackbeard inflicted them before describing how Blackbeard deliberately avoided becoming notorious during his time on Whitebeard's crew. Shanks warned Whitebeard that Blackbeard would come for his position now that he had gained strength and started moving, and when Whitebeard asked him what he wanted him to do, Shanks asked him to stop Ace because he felt it was not the time for he and Blackbeard to fight. However, Whitebeard claimed that he needed to teach Blackbeard about morality and that Shanks was 100 years too early to tell him what to do. After finishing their sake, Shanks and Whitebeard drew their weapons and clashed, resulting in the skies above them splitting in two.[33]
Summit War Saga Edit
Impel Down Arc Edit
As mentioned by Momonga, when Whitebeard began making his move towards Marineford to save Ace, Kaido attempted to take advantage of the situation to attack the Whitebeard Pirates. To the horror of the Marines, reports came in that Shanks had intercepted Kaido, creating a dispute between two of the Four Emperors. While the two captains ended their confrontation with a stalemate, the Marines became greatly anxious about the possible problems that could arise from conflict between the two pirates.[65]
Marineford Arc Edit
“ I'm here to put an end to this war! ” — Shanks arrives at Marineford
After the deaths of Ace and Whitebeard, Shanks suddenly arrived at Marineford, just in time to save Koby from being killed by Admiral Akainu. Commending the young Marine for his determination, Shanks told him that he had secured the "seconds of courage" to change the fate of the world with his brave words before proclaiming that he has come here to end the war.[125] The Marines noticed the presence of the other Red Hair Pirates as they wondered how Shanks was able to arrive at Marineford so quickly, having fought with Kaido the day before.[12]
Calling out to Buggy, Shanks told him to give Luffy his straw hat and lied about rewarding him with a treasure map. When Lucky Roux asked him if he was sure that he did not want to see Luffy again after having not seen him for 10 years, Shanks admits he would like to do so before stating that it would be breaking their promise. After Trafalgar Law escaped with Luffy, an enraged Buggy called Shanks out on lying to him, but Shanks merely commented on how it has been a while since they last saw one another.[126]
After ordering Marco to withdraw in order to stop encouraging the battle, Shanks told the remaining Marine and Whitebeard Pirates that he and his crew would fight anyone who wished to continue the war. Shanks asked Blackbeard if he wished to do so, but Blackbeard decided to leave instead, having determined that it is not yet time to face Shanks. Shanks told the remaining Whitebeard Pirates and Marines to save face for him before telling the Marines that he wanted to give Whitebeard and Ace the burials they deserved. When Fleet Admiral Sengoku stated he would hand their corpses over to the pirates and that he would take responsibility for the Marines' actions, Shanks thanked him for doing so.[127]
Post-War Arc Edit
Later in the New World, the Red Hair Pirates attended Whitebeard and Ace's funeral with the Whitebeard Pirates to pay their respects. Marco thanked Shanks for ensuring that Whitebeard and Ace received proper burials. As he was leaving, Shanks quietly thought about how Luffy was handling Ace's death and noted that one must know both victories and defeat to become a real man.[61]
Four Emperors Saga Edit
From the Decks of the World: The 500,000,000 Man Arc Edit
While attending a wedding at the ruins of a certain island, Shanks read the news of the Straw Hats' new bounties after the Dressrosa incident.[20]
Levely Arc Edit
As the news of Luffy's exploits at Totto Land spread across the world, Shanks read the newspaper and looked forward to seeing Luffy again.[45]
Shanks later went to Mary Geoise to speak with the Five Elders in person about a certain pirate.[67]
Major Battles Edit
Early One Piece Edit
Shanks was first featured in the first pilot of One Piece Romance Dawn, Version 1 in the Shonen Jump specials showcasing upcoming artists, about a year and a half before One Piece began. Much of his storyline remained the same, with the major difference being that Higuma the Bear was absent from the story in this version. Another minor difference was that his arm was bitten off by a shark instead of a Sea King. Shanks himself is described as a Peace Main type of pirate.
In the second pilot Romance Dawn, Version 2 of One Piece (featured in Weekly Shonen Jump magazine itself), Luffy got both his hat and the Devil Fruit he ate from his grandfather, not Shanks. According to Oda, the reason for not featuring Shanks was that he wanted Shanks to be kept a secret until One Piece was serialized so he would have a greater impact.[128]
Unlike Luffy, there was no real significant change in appearance from Romance Dawn V.1 to the final version. Even with the change of art style, aside from being drawn less realistically, he is the same, the only real exception being the absence of his black cloak, although he did wear a decorative short cape over his left shoulder at the end of the chapter.
Anime and Manga Differences Edit
In the manga, when Shanks is floating in the sea holding Luffy after losing his arm, blood can be seen dripping from his missing arm. In the anime, this blood is missing.[19]
Shanks losing his arm in the manga. Shanks losing his arm in the original anime. Shanks losing his arm in Episode of Luffy
In the manga, Shanks gives Luffy his straw hat on a flat surface. In the anime, he gives it to him on the stairs of the port. This is changed later in special episodes.
The initial scene where Shanks meets Mihawk was very small in the manga. The anime extended this scene greatly. In the manga, Shanks asks Mihawk if he would join them in celebrating while in the anime, Mihawk is seen joining in Shanks' fun.
Shanks' flashbacks of Luffy were extended and some of Buggy's were shown. Also, as the narrator talked about the war, scenes of Shanks inspecting Ace and Whitebeard's corpses were shown.
Translation and Dub Issues Edit
Shanks is mostly the center of the removal of alcohol-related alterations in the English dub by 4Kids. For example, the scene where Mihawk brought news of Luffy's coming suffered heavy cuts. Shanks still asks Mihawk to stay, but much of this scene was removed because of the alcoholic references, including references to him throwing a party to celebrate Luffy's coming. Thus, Shanks' fun-loving nature was lost, and instead, it depicted him with an evil tone; as Mihawk shows him Luffy's wanted poster, Shanks says that he can not let him leave, and the ensuing party was cut out due to the use of alcohol, leaving viewers to assume Mihawk's fate. Also, the scene was cut from its original episode and added at the end of a much earlier episode.
In the process, many other scenes from the original episode were also cut from the 4Kids version and never shown, such as the scene showing Kaya and Luffy's hometown.
He also speaks with an Australian accent in the English 4Kids dub.
In the book The Anime Encyclopedia - A guide to Japanese animation since 1917 (2001), there was a short article about One Piece. In it there were two mistakes concerning Shanks; his name is written as "Junx" and he was written to have been saved by Luffy instead of the other way round.[129] Of all these errors, the name "Junx" would remain in several revisited editions of the book.
Other Appearances Edit
Cameos and Crossovers Edit
Shanks has appeared in the game Jump Ultimate Stars for the Nintendo DS.
for the Nintendo DS. Shanks starred in the Mugiwara Theatre - Red-Hair of Class 3 - Sea Time written and drawn by Oda. The strip was done after he claimed first place in a poll for characters fans wanted to see appear in the Mugiwara Theatre series.[130]
Cultural References Edit
A Japanese coast guard vessel, pretending to be a pirate ship during an exercise was caught on video using Shanks' Jolly Roger.
The flag used by the Japanese coast guard during an exercise. Shanks' flag as it appears in the anime.
Merchandise Edit
He was issued alongside Luffy and the Lord of the Coast in a One Piece Block Figures set featuring the Straw Hats and their past mentors/loved ones. He has featured in One Piece Gashapon sets. Another Gashapon set he featured in was the One Piece Full Color R Gashapon series. There was also a Plushie released for him. He was also featured in the Portrait of Pirates series.
A note with many of the products produced featuring Shanks is that quite of few of them have a second arm hidden beneath his cloak (sometimes blackened out).
Songs Edit
Video Games Edit
Playable Appearances Edit
Enemy Appearances Edit
Support Appearances Edit
Non-Playable Appearances Edit
Trivia Edit
Shanks has several traits that seperate him from the other Four Emperors: Shanks is the only member confirmed to have not eaten a Devil Fruit. Shanks is the only member who is not an Admiral of a Fleet. Shanks is the only member of the original Four Emperors to not be a member of the Rocks Pirates. Shanks is the only member of the original Four Emperors to not wear a tattoo. Shanks is the only Emperor confirmed to have not been born in the Grand Line, hailing from the West Blue instead.
In Shanks' bounty of 48,9 00,000, the 4-8-9 can be read as shi-ya-ku (シヤク). This could refer to his given name "Shanks" シャンクス , Shankusu ?
00,000, the 4-8-9 can be read as shi-ya-ku (シヤク). This could refer to his given name "Shanks" Shanks is the first character in the series to use Haoshoku Haki. In fact, he was the first character to show any form of Haki, in the first chapter no less.
In the 1st, 2nd, 3rd, 4th, 5th and 6th Japanese fan polls of most popular characters, he was ranked the 3rd, 7th, 11th, 8th, 14th, and 11th, respectively. Making him the most popular of the Four Emperors in each, and being in the first two the most popular character outside the members of the Straw Hat Pirates.
In One Piece: Pirate Warriors 3 , Shanks' taunt action allows him to put on sunglasses, which is a reference to his Strong World costume.
, Shanks' taunt action allows him to put on sunglasses, which is a reference to his costume. Shanks' favorite foods are kimchi fried rice and lobster. [9]
In the anime, when Ace meets Shanks, it can be seen that Shanks still has both arms, even though he lost his left arm to the Lord of the Coast. This however, appears to be an error. This is corrected in the home release of the episode.[131]
SBS-Based Trivia Edit
According to Oda, Shanks is the one character that resembles himself the most out of all the One Piece characters, because of his cool and calm personality and stand-out attire. [132]
characters, because of his cool and calm personality and stand-out attire. In reference to Shanks and Buggy's "which is colder" question, a fan asked Oda who got it right. Oda went on to explain that the Arctic was just a mass of ice and the Antarctic was a continent, which was made of land. Since land is colder than the sea (and the Arctic is frozen sea whereas the Antarctic is frozen land), Shanks was correct and the South Pole is colder. [133]
If a child asked Shanks for the Gomu Gomu no Mi, he would tease them about being ten years too young to eat one.[134]
References Edit
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Reid Sitting Pretty As He Insists On Value For Money
He settles down at the team hotel into the kind of all enveloping low slung sofa which Niall Quinn purposefully steers clear of for fear of his back problem preventing him from extricating himself from its comforting clutches.
He settles down at the team hotel into the kind of all enveloping low slung sofa which Niall Quinn purposefully steers clear of for fear of his back problem preventing him from extricating himself from its comforting clutches.
Then intriguingly, Peter Reid immediately uses his mode of seating as a metaphor to discuss his summer transfer dealings in a passage of conversation unlikely to be repeated by any other football manager this season.
Again, to the annoyance of many supporters, he makes no apologies for his five close season arrivals, who cost £8m in total, lacking a signing who could be described as "high profile."
He said: "It's the fans' money and I don't want to waste it.
"Yes, some of those fans are telling me to spend £10m on a player.
"Well I would say to them that if they can go and get a three-piece suite for £500 or one for a grand, I know which one I'd buy.
It's just that some of our supporters want to spend a grand. Everyone's different."
He sits back, politely crosses his legs and breaks the momentary silence only with the tinkling of the spoon he stirs against his bone china cup of highly civilised afternoon tea.
For a man who recently celebrated the 30th anniversary of his introduction to the game when signing schoolboy forms with Bolton Wanderers, on this evidence it is hard not to take issue with the Liverpudlian as he asserts time has not mellowed him as a manager.
He said: "Football is a massive industry now, but I still get that buzz going into a new season.
"It's a different buzz now as a manager, but the Premiership is the only place to be.
"I've changed, I think with experience you do. I'm a different manager to when I went in at Manchester City.
"Back then I tried to change the world, but now you look at it more that there's many different ways to skin a cat.
"You grow tactically and you learn all the time. There's still a burning desire to win games. If you lose that, you lose your edge."
Wiser, he likes, but mellowed is a description he takes issue with.
"I'm not sure whether I've mellowed because that implies that you've gone soft.
"And I don't think that's happened.
"I'd like to think I'm wiser."
His readiness to still unfurl half-time "chats" which can have the effect of a paint stripper on dressing-room walls around the land would appear to back this assertion, although Reid's approach is not simply stick, there is plenty of carrot involved, too.
He added: "I respect my players and I'd like to think they respect me. They know where they stand and I think they like that.
"I make no apologies for having certain standards and people might have felt I was ruthless with some of the things I've done in the past.
"But they were all done with the interests of the club at heart."
He admits that decisions such as the day he simultaneously placed Michael Bridges, Allan Johnston and Lee Clark on the transfer list - on the eve of the club's return to the Premiership - could easily have seen him "back home with my parents in Liverpool" had they backfired.
Having emerged relatively unscathed from that action two years ago, Reid admits that despite enjoying one of the best relationships with his chairman of any Premiership manager, the threat of unemployment will always loom large.
"You always fear the sack because if I get beaten 10 games on the trot you can't do it, that's a fact of life no matter how long your contract is.
"That's just part of being a football manager."
A relatively injury-free pre-season build-up will ensure such a scenario remains highly unlikely to come to pass this time, the current build-up proving in stark contrast to the problems encountered by Reid 12 months ago.
"It was horrific with injuries then. We had more than half a team out, but it was something we got over despite so many players not having a pre-season.
This time, and I don't like to say this too loudly, everything seems to have gone smoothly and it's like having new players in the squad.
"We've got players bedded in so all in all it's going well, but having said that it doesn't matter at this stage."
His 30 years in the game have long since taught him to not read a great deal into any pre-season, be it good, bad or indifferent.
He is swift to add the telling caveat: "I'm really optimistic, but you can do all the talking you like. Saturday against Ipswich Town is the only time when it really matters."
A timely warning, but as he settles back to take another sip of his tea, it has been a case of sofa so good.
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Mogalakwena Local Municipality
Mogalakwena Local Municipality is located in the Waterberg District Municipality of Limpopo province, South Africa. The seat of Mogalakwena Local Municipality is Mokopane.
Main places
The 2001 census divided the municipality into the following main places:
Politics
The municipal council consists of sixty-four members elected by mixed-member proportional representation. Thirty-two councillors are elected by first-past-the-post voting in thirty-two wards, while the remaining thirty-two are chosen from party lists so that the total number of party representatives is proportional to the number of votes received. In the election of 3 August 2016 the African National Congress (ANC) won a majority of forty-one seats on the council.
The following table shows the results of the election.
See also
Mogalakwena River
References
External links
Official homepage
Mogalakwena (LIM 367) Proposed Ward
MDB Proposal for Mogalakwena Local Municipality
Category:Local municipalities of the Waterberg District Municipality
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The present invention relates to fatty acid fractionation for polyunsaturated fatty acid fraction enrichment, and the present invention also relates to employing enzymatic hydrolysis and enzymatic esterification in the course of obtaining the fractions.
Fatty acids of the n-6 and n-3 series have a nutritional value, in particular as precursors in the biosynthesis of prostaglandins. It may be advantageous to have available fractions enriched in these fatty acids for various nutritional and cosmetic applications. These fatty acids are found in nature principally in the form of triglycerides. Free fatty acids are obtained industrially from triglycerides by hydrolysis at a high temperature and under a high pressure. In order then to fractionate these fatty acids, several methods have been developed, for example crystallization, distillation, the formation of inclusion complexes or chromatographic techniques. Application of these methods may bring about degradation in the case of polyunsaturated fatty acids or prove to be too costly to be applied industrially.
Enzymatic methods represent an alternative to the preceding methods since they enable reactions to be carried out under mild conditions using little energy and equipment which is less stressed.
Enzymatic processes are known, for example from Matthew J. Hills et al in JAOCS, Vol.67, no.9, p.561-563, for fractionating fish oil and evening primrose oil fatty acids based on the fact that the kinetics of the esterification by butanol catalysed by rape lipases and Mucor miehei would be a function of the degree of saturation of the acid to be esterified. After esterification of fatty acids with a higher degree of saturation, the esters are separated from the fatty acids which have not reacted, by thin layer chromatography.
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Introduction {#Sec1}
============
Multifunctional ceramics are widely popular in electrical technology devices because of their high electrical, mechanical, optical, and magnetic properties. The piezoelectric ceramics have the capacity to change mechanical energy to electrical energy or vice versa in numerous multifunctional electrical devices, such as actuators and sensors. However, due to environmental concerns, international rules and restriction of certain hazardous substances (RoHS) directives have been applied to decrease the usage of dangerous and toxic substances, especially lead-based materials, which has been recognized as a harmful substance for human health and the environment. Currently, many efforts are underway to enhance the electromechanical performance of lead-free ceramics. However, the lead zirconium titanate (PZT) performance is still better than that of lead-free ceramics^[@CR1]--[@CR4]^.
The most effective alternative candidates to PZT are lead-free Bi~0.5~Na~0.5~TiO~3~ (BNT) piezoelectrics, due to their excellent piezoelectric and ferroelectric characteristics and environmental compatibility^[@CR4]--[@CR6]^. Lead-free Bi-based systems exhibit quite large strains close to morphotropic phase boundary (MPB) region. The MPB is considered crucial in tailoring the properties, where two phase structures (e.g. tetragonal and rhombohedral) are combined to achieve enhanced ferroelectric properties^[@CR4]--[@CR9]^. In particular, lead-free material leads to a phase transition from the ergodic relaxor (ER) phase to long-range ferroelectric (FE) phase with an increasing applied voltage ultimately exhibiting high strain behavior and is a very promising candidate in the actuator industry^[@CR7]--[@CR12]^. However, they have the drawback of a large E~c~ (coercive voltage)^[@CR8],[@CR13]--[@CR15]^. For this purpose, BNT-based system is often modified with other perovskite compounds such as Bi~0.5~K~0.5~TiO~3~ (BKT)^[@CR8]^, SrTiO~3~ (ST)^[@CR7],[@CR9]--[@CR11]^, BaTiO~3~ (BT)^[@CR7]--[@CR11]^, SrZrO~3~ (SZ)^[@CR15]^, BiAlO~3~ (BA)^[@CR12],[@CR13]^, and (K,Na)NbO~3~ (KNN)^[@CR1]--[@CR4],[@CR14]^.
Recently, Acosta *et al*.^[@CR7]^ synthesized the Bi~0.5~Na~0.5~TiO~3~-SrTiO~3~ (BNT--ST) ceramic system and reported a large normalized dynamic strain (d~33~\* \~ 600 pm/V) at a low triggering voltage. MPB region in BNT--ST system was shown to reduce the electric field required to trigger the phase transition at a low voltage for a high strain^[@CR7]--[@CR9]^. To utilize the ST in the BNT, the compositionally induced ferroelectric to relaxor phase transition temperature (T~F-R~) is adjusted below room temperature, leading to a low electric field required to achieve a high strain^[@CR12]^. Further, Sakata and Masuda^[@CR10]^ studied the BNT--ST system phase change with the increment of the ST amount and investigated the temperature dependent phase transition behavior under applied voltage. Owing to the thermal stability of the ferroelectric BNT-ST based ceramics, few promising systems exhibited properties that are less sensitive to temperature, a high induced strain at low voltage was observed in the entire measured range of temperatures rather than at specific temperatures, which may correspond to the existence of ergodic relaxor (ER) and non-ergodic relaxor (NR) phase regions^[@CR16],[@CR17]^.
Nevertheless, these phases are highly dependent on the frequency-related polarization and strain which limit their usage in real applications^[@CR17]--[@CR19]^. To overcome these issues and to enhance the properties, composite of Bi-based solid solutions can be utilized. In composites, there was a decrease in the triggering voltage to enhance the optimum electromechanical properties^[@CR13],[@CR20]--[@CR22]^. Therefore, the use of composites is very important for electromechanical properties due to the existence of two types of phases. Composites are a mixture of relaxor and ferroelectric phases with the essential polarization and strain factors. The microstructure and crystal configuration of the composite can be tailored by altering the heat treatment^[@CR12],[@CR22]^. Different types of grains in the composite are expected to be evolved at different sintering times to create two types of microstructures and which affect significantly in the polarization and strain behavior. This criterion makes it feasible for the concentration of the matrix to induce the phase transition, resulting in a large strain. Increasing the sintering time in the case of composites produces large or larger grains, and the diffusion of some elements varies in the composition of the two phases between the seed and matrix. Thus, how two-phase composition of composite influences the properties with increasing the sintering time, should be identified. To determine the correlation of the composition and microstructure, raw powders of different grain sizes from different heat treatments (sintering time in this report) were chosen to enhance the electromechanical properties. The frequency dependence of the piezoelectric and ferroelectric properties of the composites at different sintering times were also elaborated in this study to fully understand the role of the seeds in the matrix.
In this report, (1-x) Bi~0.5~Na~0.5~TiO~3~--xSrTiO~3~ (ST26, x = 0.26) composites with seeds of (1-y) Bi~0.5~Na~0.5~TiO~3~--ySrTiO~3~ (ST10, y = 0.1) were synthesized by a conventional solid-state reaction. The addition of seeds with small size particles (fabricated by conventional solid-state method) and large size particles (molten-salt method) to the matrix was performed. The high relaxor phase ST26 matrix is combined with relaxor ferroelectric (RF) ST10 seed to fabricate composite ceramics, where large (r-ST26-ST10) and small (t-ST26-ST10) grain ceramics exhibited frequency-related dielectric properties and a large strain response at a low triggering electric field. The effects of the seed contribution with different soaking times on the crystal structure, dielectric permittivity, polarization, and electric field-induced strain response of composites with the change in frequency were studied, and the dynamics of the polarization kinetics were analyzed.
Results and Discussion {#Sec2}
======================
The X-ray diffraction (XRD) patterns of the sintered matrix, seed and composite sintered for 4 h are shown in Fig. [1](#Fig1){ref-type="fig"}. The XRD of the 4 h sintered specimen revealed a unique perovskite configuration with no impurity or secondary peaks. According to the XRD pattern, the ST concentration with a cubic phase in BNT (rhombohedral, Pm3m) can be used for indexing the hkl values (Panalytical-X'pert high score program). In the case of a composites, there is a change in the phase from ferroelectric rhombohedral to mixed rhombohedral and pseudocubic phase with the addition of a seed in the matrix. To further evaluate the coexistence of the relaxor (pseudocubic and rhombohedral) and ferroelectric (rhombohedral) phases, a detailed analysis was performed in the range of 39\~41° corresponding to the peaks (111). The separation of peaks was observed with a 10% seed content. The broadening of the (111) peak in Fig. [1](#Fig1){ref-type="fig"} of the composite shows the combination of both phases. The peaks in the XRD pattern shifted to lower angles with the composition, indicating lattice parameter and cell volume expansion. The changes in the lattice parameter and cell volume are attributed to the addition of Sr^2+^ ions with a larger ionic radius (1.26 Å) than bismuth (Bi^3+^) and sodium (Na^+^) (1.17 Å, 1.18 Å resp.). These changes in the lattice parameter and lattice energy favor a phase change to alleviate the perovskite structure^[@CR6],[@CR7]^.Figure 1X-ray diffraction patterns of the seed ST10, matrix ST26, t-ST26-ST10 and t-ST26-ST10 composites sintered for 4 h. (**a**) Detailed analysis was performed in the range of 39\~41° corresponding to the peaks (111) to highlight the coexistence of the mixed pseudocubic and rhombohedral phases.
The morphological characterization was performed by field emission scanning electron microscope (FE-SEM) and transmission electron microscope (TEM) for the composite samples. Figure [2](#Fig2){ref-type="fig"} shows the microstructures of the polished surface of the matrix, seed, and composites obtained by FE-SEM in backscattered electron (BSE) mode sintered at 1150 °C with different soaking times. All samples were well sintered with a theoretical density of more than 95%. An increase in the grain size and a vanishing core shell structure were observed in the composites as a function of the increasing sintering time. In Fig. [2](#Fig2){ref-type="fig"}, there is no contrast in the ST10 seeds measured in the back-scattered electron image. In the case of a ST26 matrix, the difference in composition is visible due to the combination or existence of two phases and the core-shell structure. Therefore, the combination of different structures in a composite is clearly visible. The disappearance of the core revealed the homogenization of the thermally activated diffusion process of the seed and matrix with an increase in the sintering time from 4--36 h. In addition, the dissolution of the core resulted in the homogenization of the thermally activated diffusion process of the seed and matrix. Energy dispersive spectroscopy (EDX) was used to characterize the compositional difference. In Fig. [3](#Fig3){ref-type="fig"}, the images of the r-ST26-ST10 composite were further examined by EDX and mapping, which are performed for the analysis of the chemical composition. To further confirm the existence of the core-shell structure, TEM images were obtained for the t-ST26-ST10 composite, as shown in Fig. [4](#Fig4){ref-type="fig"}. EDX mapping revealed the origin of the core-shell structure, which has a BNT-rich core and ST-rich shell. Quantitative analyses illustrated that Sr and BNT are rich in both shell and core sections. And Bi content is higher than that of Sr in the core region which results in a brighter contrast of the core area as shown in Figs [2](#Fig2){ref-type="fig"}--[4](#Fig4){ref-type="fig"}. In both composites with different grain sizes, the core did not vary in size, but the shell size dramatically changed with an increase in the soaking time.Figure 2Backscattered microstructures of the polished surface of the seed ST10, matrix ST26, t-ST26-ST10 and t-ST26-ST10 composites sintered for different soaking times.Figure 3EDX analysis and compositional mapping of Bi, Na, K, Sr and Ti elements in the backscattered image of core-shell grain of r-ST26-ST10 composite sintered at 1150 °C.Figure 4TEM images and compositional mapping of Bi, Na, K, Sr and Ti elements of the core-shell grain of t-ST26-ST10 composite sintered at 1150 °C.
Figure [5](#Fig5){ref-type="fig"} displays the dielectric permittivity (Ɛ~r~) versus the temperature of the seed, matrix, and composite at various frequencies. The graph steadily widened with the increasing ST content along with the alteration of the peak on the low-temperature side. The high diffuseness in the dielectric permittivity indicates that the material in a high-temperature range (150--400 °C) has a higher degree of relaxation^[@CR21]--[@CR23]^. The related outcomes can be perceived as Ɛ~r~ behavior in the high-temperature range. In addition, the depolarization (T~d~) or transition temperature (T~F-R~) was not clearly identified for the ST content, especially in ST26^[@CR23],[@CR24]^, which might be observed as a mixed state of FE and RF phases.Figure 5Temperature dependence of dielectric constant and dielectric loss of the matrix ST26, seed ST10, t-ST26-ST10 and t-ST26-ST10 composites for different frequencies.
Table [1](#Tab1){ref-type="table"} shows the piezoelectric, electromechanical and dielectric properties of the seed, matrix, and composite. The piezoelectric constant (d~33~) decreased from 142 pC/N (ST10) to 8 pC/N (ST26). The electromechanical coupling factor (*K*~*p*~) value declined from 27.66% (ST10) to 14.96% and 15.01% (t-ST26-ST10 and r-ST26-ST10, respectively). The *K*~*p*~ value of ST26 cannot be measured due to the very small piezoelectric constant. In the case of the composites, the increasing behavior of the d~33~ value from 18--23 pC/N is due to the presence of the ferroelectric seeds sintered for 4 h.Table 1Room temperature dielectric constant (Ɛ~r~), Tangent loss, polarization (P), strain (S), piezoelectric constant (d~33~), normalized strain (d~33~\*) and electromechanical coupling factor (*K*~*p*~) values of ceramic samples.BNT-STDensity (g/cm^3^)Dielectric Constant (E~r~) at RTTangent LossP~r~ (µC/cm^2^)P~max~ (µC/cm^2^)S~max~ (%) (Bipolar)d^\*^~33~ (ρm/V)d~33~ (pC/N)K~p~ (%)ST105.5821690.0530.539.40.0917514227.66ST265.6226200.057.136.90.205008---t-ST26-ST105.8617600.069.732.20.308902314.96r-ST26-ST105.8518520.047.538.90.267001815.01
The polarization-electric field (P-E) curves of the seed, matrix, and composite were measured at 0.1 Hz, as shown in Fig. [6(a,b)](#Fig6){ref-type="fig"}. Room-temperature strain (bipolar and unipolar curves) for the ST26 composite with the seed ST10 were obtained for different soaking times. The P-E loop of the t-ST26-ST10 composite shows a pinched-type curve with a decrease in the remnant polarization (P~r~ from 9.7 to 8.7 µC/cm^2^) and coercive field (E~c~ from 1 to 0.4 kV/cm) due to the change from a ferroelectric to relaxor nature. The opposite trends were also observed and were more prominent in the r-ST26-ST10 composite (P~r~ from 7.3 to 14.4 µC/cm^2^ and E~c~ from 0.4 to 1 kV/cm). However, the saturation polarizations were almost the same as the soaking time increased for both types of seed content. In the case of bipolar strain, maximum strain (S~max~) of 0.30% and 0.26% were achieved at 40 kV/cm for t-ST26-ST10 and r-ST26-ST10 composites sintered for 4 h. Overall, the field-induced strain tends to decrease with increasing the soaking time. The increase in the soaking time accelerates the phase transformation from short-range ordering RF phase to long-range ordering FE phase or vice versa. Under a unipolar strain, the minimum triggering field required to achieve the high strain is 25--30 kV/cm. A large dynamic normalized strain (d~33~\*) is achieved in case of t-ST26-ST10 with \~890 pm/V and r-ST26-ST10 with \~700 pm/V at 40 kV/cm with soaking time of 4 h. The highest unipolar d~33~\* is attained in t-ST26-ST10 (\~890 pm/V) at soaking time of 4 h, while in r-ST26-ST10 (\~775 pm/V) at soaking time of 12 h. With the further increasing soaking time, the negative strain also increased due to the absorption of the seed into the matrix, resulting in a homogenous solution and the disappearance of the core-shell structure, as shown in Fig. [2](#Fig2){ref-type="fig"}. The d~33~, d~33~\*, and S~max~ values of the seed, matrix, and composite are shown in Fig. [7(a,b)](#Fig7){ref-type="fig"}. In the case of the t-ST26-ST10 composite, the d~33~, d~33~\*, and S~max~ values show a significant decrease with increasing the soaking time compared to those of the r-ST26-ST10 composites. This finding shows the considerable contribution of the core of a ferroelectric seed in a matrix to a significant enhancement in the polarization, strain and phase transition.Figure 6(**a**) Electric field induced polarization hysteresis loops, Bipolar and (**b**) unipolar strain of the matrix ST26, seed ST10, t-ST26-ST10 and t-ST26-ST10 composites sintered for different soaking times measured at 0.1 Hz.Figure 7(**a**,**b**) Piezoelectric constant d~33~, normalized strain d~33~\*, and maximum bipolar strain (S~max~) as a function of different soaking times of the composites. Contribution of the core of a ferroelectric seed in a matrix is analyzed for the evolution of polarization, strain and phase transition.
Figure [8(a--c)](#Fig8){ref-type="fig"} illustrates the polarization, strain and current density (J-E) curves with an increase in frequency in the range of 0.1 to 100 Hz. The long-range ordering ferroelectric ST10 (seed) shows a typical ferroelectric curve. With the rise in the ST addition in BNT (matrix), the change from ferroelectric to relaxor (pinched-type) curve is observed. In the case of the frequency, the degradation is not severe in the ferroelectric seed ST10 and relaxor ST26 matrix. However, in the composite of t-ST26-ST10, the frequency-dependent polarization has a higher degradation with large P~r~ and E~c~ values due to the small grain size with the increased soaking time, as shown in Fig. [8(b)](#Fig8){ref-type="fig"}. Therefore, the large grain size composite of r-ST26-ST10 shows a smaller degradation of the polarization and strain with frequency. To further examine the field-induced phase transition, the J-E curves were obtained to determine the behavior of the seeds in ST26, as shown in Fig. [8(c)](#Fig8){ref-type="fig"}. There are four peaks detected on most of the curves, demonstrating the existence of the relaxor (RE) to ferroelectric (FE) phase transition with a reverse transition upon the application and removal of an applied field. In this case, sharp current peaks (denoted as P1 and P2) describe the domain switching observed when the applied voltage reaches E~c~. In ST10, the relaxor characteristic leads to irreversible behavior in the ferroelectric phase when the applied field approaches the E~c~. Therefore, two sharp current pulses are visible in the J-E curve due to the kinetic behavior of the random field's effect^[@CR4],[@CR25],[@CR26]^. The appearance of two broad pulses is related to the long-range ordering ferroelectric phase of seed and indicates the coexistence of non-ergodic and ergodic relaxor phases. These pulses move with the ST content and are associated with the disruption of the lattice parameter and long-range ferroelectric behavior in lower polarization states^[@CR25]--[@CR29]^.Figure 8(**a**--**c**) Electric field induced polarization hysteresis loops, Bipolar and unipolar strain and corresponding current density curves of the sintered for different soaking times measured at different frequencies.
The high, characteristic ferroelectric small grain size of ST10 with an increase in the soaking time shows a higher degradation of strain with frequency, as shown in Fig. [8(b)](#Fig8){ref-type="fig"}. With an increase in the soaking time, the composite shows a higher negative strain and degradation with frequency. These results show that the polar ferroelectric phases with macro-size domain structures are generated, leading to the emergence of the second polarization broad current peak in the J-E curve.
Polarization kinetics {#Sec3}
---------------------
The kinetics of the composites are mainly associated with the nucleation of the ferroelectric seed and its growth in the relaxor matrix. The existing ferroelectric phase has a high polar characteristic that leads to the most prominent nucleation site for FE in the RE matrix during the phase transition upon the application of an electric field. The nucleation and growth of FE domains are likely to occur in the matrix near the FE grains. Therefore, ferroelectric grains exhibit high degradation in the polarization and strain with frequency. There is the possibility of domain orientation upon removal of the electric field, and the internal field generated by the ferroelectric seed has an important role in the degradation of the polarization and strain. A matrix with a high relaxor characteristic returns to its original position after the removal of 'E'. In the case of the seed, the ferroelectric behavior causes the domains to partially return to the original or virgin state after the removal of the applied voltage, 'E'. This ferroelectric seed hinders the movement of the domain wall from long-range ordering ferroelectric behavior to short-range ordering during the reverse transition process. Thus, severe degradation with frequency occurs for bipolar and unipolar strain of the ferroelectric seed.
This possibility was further evaluated with the KAI model and the switching time to understand the kinetics of the seed in the phase transformation of the composites. The reversible switching of the seed, matrix, and composites provided enough information for the kinetics of the composites to be measured by the PUND test.
PUND (Positive up Negative Down) measurements on the seed, matrix, and composite were performed. The results are shown in Fig. [9(a,b)](#Fig9){ref-type="fig"}. In this measurement, the polarization was completed within 4 ms to 8 ms. The lines were fitted using the KAI (Kolmogorov-Avrami-Ishibashi) model^[@CR29],[@CR30]^. Figure [9](#Fig9){ref-type="fig"} is the fitting, which shows that the measured data were defined by the KAI model.$$\documentclass[12pt]{minimal}
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\begin{document}$${P}_{sw}(t)=2{P}_{r}[1-exp(-{(t/{t}_{o})}^{n})]$$\end{document}$$P~sw~ = switching polarization, P~r~ = remnant polarization, t~o~ = characteristic time, t = switching time, n = geometric dimension for domain growth.Figure 9(**a**,**b**) Switching polarization (P) versus characteristic switching time (t~o~) and activation energy (E~a~) at 1 Hz for the seed ST10, matrix ST26, t-ST26-ST10 and t-ST26-ST10 composites.
Further analysis of 't' can be achieved with a graph of *t*~*o*~ versus *1/E*, as shown in Fig. [8](#Fig8){ref-type="fig"}. The linear relationship of Mertz's law shows the characteristic switching time^[@CR31]^,$$\documentclass[12pt]{minimal}
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\begin{document}$${t}_{o}=t\,exp(-{E}_{a}/RT)$$\end{document}$$However, t~o~ = characteristic time, *E*~*a*~ = activation energy, R = Boltzmann constant, T = temperature.
All specimens showed polarization with the saturation behavior versus time for the applied driving field of 4 kV at 1 Hz. Figure [9](#Fig9){ref-type="fig"} shows the switching time of the ceramic in the reversal of the electric field, 'E'. By applying the 'E', the domains are oriented in the direction of E. However, upon the removal of E, the ferroelectric domain is not completely reversed to its original or virgin position. Some of the domains are reversed, and others are only partially reversed. In the case of ST26 (2.73 ms), the switching time decreased due to the complete reversibility of the domain to its original state compared to that of ST10 (3.01 ms). The switching time characteristic of r-ST26-ST10 (t~o~ 2.92 ms) is higher than that of t-ST26-ST10 (t~o~ 2.76 ms). The existence of a larger ferroelectric phase shifted the switching time to a higher value. The characteristic relaxation time was obtained by fitting the results of Fig. [9](#Fig9){ref-type="fig"} and eq. ([1](#Equ1){ref-type=""}) (KAI model). Fitting parameter 'n' used to fit eq. [1](#Equ1){ref-type=""} and has a fixed value of 3^[@CR29]--[@CR33]^. The fitted data derived from eq. ([2](#Equ2){ref-type=""}) were plotted with the measured data.
The activation energy (E~a~) of the seed, matrix, and composite were obtained from the linear relation of Mertz's law. The activation energy was 0.125 eV for ST10 and 0.598 eV for ST26, as shown in Fig. [9(a,b)](#Fig9){ref-type="fig"}. These E~a~ values suggest that the ST addition lowered the thermal energy obstacle for the conversion from ferroelectric to relaxor phase. An increase in the activation energy suggests a decrease in the relaxation time. This will cause the domain wall movement to increase with the frequency. Therefore, the relationship between the frequency and electric field related to the phase change can be examined, as shown in Fig. [10(a)](#Fig10){ref-type="fig"}. At a high frequency, there is less time required for the domain to transform to its original position. The average domain wall velocity (v) was measured with the modified equation of Mertz's law at different frequencies. The domain wall velocity of the seed, matrix, and composite was measured by a modified equation of Mertz's law. The equation for the domain wall velocity^[@CR30]^ is$$\documentclass[12pt]{minimal}
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\begin{document}$${\rm{Velocity}}\,{\rm{v}} \sim 1/{{\rm{t}}}_{{\rm{o}}=}1/{t}_{\infty }\exp (-\,{\rm{\delta }}/{{\rm{E}}}_{1})$$\end{document}$$where$$\documentclass[12pt]{minimal}
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\begin{document}$$\begin{array}{c}\,{\boldsymbol{\delta }}={\rm{activation}}\,{\rm{field}}\\ {{\bf{E}}}_{{\bf{1}}}={\rm{electric}}\,{\rm{field}}\end{array}$$\end{document}$$Figure 10(**a**,**b**) Electric field (E~P1~) and domain wall velocity (v) versus frequency (Hz) for the seed ST10, matrix ST26, t-ST26-ST10 and t-ST26-ST10 composites.
Further exploration of the change in the electric field with the frequency in the J-E curve gives the domain wall velocity (v). The linear relation of Mertz law is presented in eq. [3](#Equ3){ref-type=""}. Figure [10(b)](#Fig10){ref-type="fig"} displays the decreasing trend for the domain wall velocity with the frequency.
These outcomes indicate that the 'v' of ST10 is higher than that of matrix ceramics. It has already been mentioned that ST10 has a high '*E*~*a*~' and low 't~o~'. Thus, the slow movement of a domain wall in ST10 is related to the characteristics of the ferroelectric phase. These analyses show that the frequency-related properties are highly affected by the presence of the seed, leading to the degradation of the piezoelectric and ferroelectric characteristics. From ST10 to ST26, the domain wall velocity increases with the addition of ST content. Additionally, the E~a~ and t~o~ values reveal the seed corresponds to the decrease in the domain walls velocity. In the case of a composite, the ferroelectric seed is responsible for the degradation of the polarization and strain. The small grain size of the seed leads to a higher degradation of the polarization and strain compared to that with a large grain size. The movement of the domain wall velocity is associated with the presence of seeds with a large grain size, giving rise to less degradation of the frequency dependence polarization and strain. This occurs because the internal random fields created by the seed, slow down the effect of a reversion of induced long-range ferroelectric ordering to short-range ordering of relaxor phase with the frequency.
The frequency-related electromechanical properties of r-ST26-ST10 and t-ST26-ST10 composites at different soaking times were investigated. ST26 composite ceramics with different sizes of the ferroelectric seed ST10 were successfully synthesized by a conventional solid-state reaction and molten-salt method. The polarization and electric field-induced strain increased with only 10% addition of seeds to the matrix and overall decreased with the increasing soaking time for t-ST26-ST10 and r-ST26-ST10. The degradation of the polarization and electric field-induced strain with the frequency was investigated in detail. The critical composition, ST26-ST10 with 10% seed in the composite, resulted in a high P~r~, S~max~, and d~33~\* values with an enhanced phase transition. From the study of the polarization and strain with the frequency, a ferroelectric addition prompted the stability corresponding to the coexistence of FE (seed) and RE (matrix) phases in a composite. The electromechanical properties of the composites increased until the optimum composition and soaking time for the 10% large grain size seed content was reached, and then, they gradually decreased and changed to the FE phase with the increased soaking time of the composite, driving the absorption of the two phases in the ABO~3~ perovskite structure. The decreasing trend of the activation energy calculated using the KAI relationship suggests that a faster domain velocity was generated by increasing the seed content in a ST26 matrix. This result suggests that the ST26 composite is a promising candidate for Pb-free electromechanical applications.
Material and Methods {#Sec4}
====================
Sample Preparation {#Sec5}
------------------
These ceramics were created by a conventional oxide route using reagent grade oxides and carbonates (Alfa Aesar GmbH, Karlsruhe, Germany). Bi~2~O~3~ (99.975%), Na~2~CO~3~ (99.9%), TiO~2~ (99.9%), and SrCO~3~ (99%) were mixed according to the (1-x) Bi~0.5~Na~0.5~TiO~3~--xSrTiO~3~ (x = 0.10--0.26) stoichiometric formula.
Different seed sizes were prepared by a solid-state reaction (small size) and molten-salt method (large size). The solution was ball milled for 24 h in ethanol. Afterward, powders calcined at 850 °C for 2 h, ball milled with ethanol and dried at 90 °C. The matrix and seeds were selected based on the compositions 0.74 Bi~0.5~Na~0.5~TiO~3~--0.26SrTiO~3~ and 0.90 Bi~0.5~Na~0.5~TiO~3~--0.10SrTiO~3~. The components were mixed together according to the volumetric ratio (9:1). The dried powder was mixed with a PVA binder to create pellets. The powder was pressed into green disks with a diameter of 12 mm and a thickness of 2 mm. The pellets were calcined at 550 °C for 2 h and then sintered at 1150 °C for several sintering times ranging from 4--36 h. To reduce the evaporation of Bi and Na elements (volatile), the green disks were concealed with powder possessing the same content. The sintered pellets were refined and used to create an electrode with silver paste. Then electrodes were heated at 700 °C for 30 min.
X-ray diffraction {#Sec6}
-----------------
The X-ray diffraction (XRD) patterns were measured in a Panalytical X'pert PRO MPD system equipped with an X'celerator detector and a graphite monochromatic (Cu Kα1 radiation, 1.54056 Å). The diffraction patterns were recorded from 20° to 100° (2θ) with an angular step interval of 0.01.
Scanning and Transmission Electron Microscopy {#Sec7}
---------------------------------------------
FE-SEM (Hitachi FE-SEM S4800, Japan) was used for the morphological characterization. The FE-SEM has an energy-selective backscattered (EsB) detector capable of detecting the smallest differences in material composition. Density measurements were achieved based on the Archimedes principle. For the TEM studies, a specimen was prepared by the conventional method. TEM (JEM--3000F, JEOL, Tokyo, Japan) with selected area electron diffraction (SAED) was performed using a transmission electron microscope equipped with a field--emission gun. TEM samples were prepared by the conventional method, including polishing, dimpling and argon ion-milling. The sample was annealed at 250 °C to reduce the residual stress that accumulated during the polishing process.
Electrical Analysis {#Sec8}
-------------------
A Precision LCR Meter 4192A (Hewlett Packard Corporation, Palo Alto, CA) was used for the measurements of the dielectric constant with the temperature. The electrical coupling factor was measured using an IEEE standard. P-E hysteresis loops were measured using a modified Saw-Tawyer circuit at 0.1--100 Hz. The PUND (positive up negative down) test was measured using a modified Saw-Tawyer circuit at 4 kV at a different frequency. Field-induced strains were measured using a contact-type displacement sensor.
**Publisher\'s note:** Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.
Mohsin Saleem and Soon-Jong Jeong contributed equally.
This research was supported by a grant from the Korea Electrotechnology Research Institute, Republic of Korea.
M.S., L.D.H., I.-S.K., M.-S.K., and S.-J.J. conceived the project. M.S., S.A.P. and U.F. prepared specimens and analyzed their microstructures and dielectric properties. A.M., U.N., and H.M.W.K. discussed the results. A.M. and M.U.F. interpreted the experimental results. M.S., A.M. and S.-J.J. wrote the paper.
Competing Interests {#FPar1}
===================
The authors declare no competing interests.
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Near-complete pathological response of chordoma to high-dose single-fraction radiotherapy: case report.
High-dose, single-fraction radiotherapy, also known as radiosurgery, has theoretical advantages for the treatment of chordoma, which is considered resistant to conventional radiation therapy. Demonstration of biological effectiveness, as indicated by pathological response of a chordoma specimen after such radiotherapy, has not previously been reported. A 72-year-old man presented with lower back pain and was found to have an L3 vertebral mass. Open biopsy yielded chordoma. He was considered for en bloc resection, but definitive radiation therapy was preferred owing to medical comorbidities and concern for field contamination from the previous biopsy. The patient underwent single-fraction, high-dose, image-guided radiation therapy to the tumor. Two months later, he underwent kyphoplasty because of recurrent pain. A core biopsy performed at that time showed viable chordoma. Four months after treatment, he underwent L3 corpectomy because of symptoms of mechanical instability. Pathology now showed near-complete necrosis of the resected chordoma. Preoperative, single-fraction radiotherapy for chordoma induced a near-complete pathological response in this patient. That the effect was seen at 4 months but not 2 months after treatment suggests a time-dependent effect. This case suggests a promising role for single-fraction, image-guided radiation therapy in the treatment of chordoma.
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Search Cracked
David Tennant
David Tennant is known to some as the sassmaster, but to more as the tenth Doctor.
Just The Facts
David Tennant is incredibly sassy.
He played a very sassy tenth Doctor in Doctor Who.
He's actually Scottish, not English as many people think.
He is made up of 40% fangirl fuel and 60% sass.
The Tenth Doctor
David Tennant became an actor mostly because of how much he liked Doctor Who. He was the biggest nerd ever. He adored the show. He made it his life goal to play the Doctor. His one ambition. His one true purpose. The only thing he ever wanted to do in his life ever and he wouldn't settle for anything less under any circumstances not even if someone offered him a million dollars because he was just that serious about it.
When he finally got the role of the tenth Doctor in 2005, he quickly got bored and left.
In the 5 years he was there, he imbued the role with an infitessimal amount of sass. Coincidentally, 'infinitessimal' is the exact number of fangirls he gathered during his run.
His character, the Doctor, has literally two outfits, and both of them are suits. He has one coat. You'd think that someone who travels across space and time would amass a bigger wardrobe, but you would be wrong. He also wears reading glasses, 'brainy specs', but he doesn't need them. He just wears them to look clever.
So, basically, we can conclude that the tenth Doctor is a shameless hipster.
Girl, I was being a hipster before your race even began.
He also abducted lots of women to take with him through time and space. Oh, wait, no. Sorry. They came of their own accord. My bad.
He had a 'thing' with Rose for awhile, which is kind of awkward since the ninth Doctor was the one who picked her up in the first place. If nine were there to see them flirting, he probably would have challenged ten to some sort of sass-showdown. He would probably have won, too.
Then Rose got 'accidentally' thrown into another universe and locked there. The Doctor mourned for a good 3 minutes and then went and picked up Martha.
He kissed Martha after knowing her for about 10 minutes, probably because he was on the rebound. After that, though, he decided to friendzone Martha, even though she was totally getting ladyboners over him. In the end, this led to Martha getting too sexually frustrated and leaving.
Then Donna, who had been trying (and failing) to stalk him for months, turned up again. His whole brain just went 'what the hell' so she came along. They were totally not a couple though, God forbid. That would be so weird.
Then there was Jack who went and got himself his own goddamn spin-off show.
Dumb bitch.
The tenth Doctor's last words as he regenerated were 'I don't want to go', which elicited the fangirls to respond with 'we don't want you to go either!' and then break down in violent, ugly sobs.
David Tennant in Places He Shouldn't Be
David Tennant managed to start a sick, twisted game involving photoshopping a particular image of him into places he shouldn't be.
Disclaimer: These images must be viewed at your own discretion. Cracked is not responsible for any aneurisms, strokes or asphyxiation that may occur due to viewing these images.
Other Cool Stuff He's Been In
David played the title character in Casanova, which is mostly about the old man version of Casanova thinking back on the young man version of Casanova trying to find love or whatever. We don't know what all this 'different versions of Casanova' stuff is about, but it's probably something to do with time travel.
The most important thing to take from Casanova is that David Tennant is a babe.
Look into those eyes and tell me you don't think he's had sex with boththose women. At the sametime.
He was in the reboot of Fright Night in which he wore guyliner and leather pants. Also, for a little while, he had a wig, fake beard and big, flowing leather coat.
This image caused millions of fangirls to have seizures at exactly the
same time across the globe.
And of course, who could forget his role in Harry Potter? He playes Barty Crouch Jr., a death eater with a nervous twitch.
From this role, David Tennant became heralded as the only man on the planet who can make a psychotic bad guy with a nervous tongue twitch incredibly sexy.
Wibbly Wobbly Timey Wimey
David Tennant met his wife while filming 'The Doctor's Daughter' in the fourth series of Doctor Who. The plot basically goes like this: The Doctor steps out of the TARDIS, gets lynched by some random dudes and has some DNA stolen so they can make an insta-child. That insta-child is named Jenny, and then they have adventures. With boobs.
Jenny is played by Georgia Moffett, and she is now married to David Tennant. He dad is Peter Davison, who, coincidentally, played the fifth Doctor.
So Georgia Moffett is the daughter of a Doctor playing the character of the daughter of the Doctor who is played by her husband.
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Khoshkehdar-e Malmir
Khoshkehdar-e Malmir (, also Romanized as Khoshkehdar-e Mālmīr; also known as Khoshgehdar, Khoshkdar-e Bālā, Khoshkeh Dar, and Khoshkehdar) is a village in Malmir Rural District, Sarband District, Shazand County, Markazi Province, Iran. At the 2006 census, its population was 205, in 53 families.
References
Category:Populated places in Shazand County
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"pile_set_name": "Wikipedia (en)"
}
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Last year, David Bainbridge, CEO of UK-based Knowledgemotion, published an article on TechCrunch titled “Edtech is the Next Fintech.” According to Bainbridge, a new education world has begun with investments in edtech set to reach $252 billion globally by 2020.
Digital technologies are starting to transform education. The range of new learning begins in early childhood and continues with baby-boomers looking to continue their studies or learn something new. Also, increasingly more students are using technology in various ways to learn: through tablets, computers and on their mobile phones. Teachers are also using more edtech products and screens to strategize and modify their lesson plans. Online texts are replacing physical textbooks, and personalized learning provides students with the ability to learn and explore at their own pace and on their own time.
According to EdSurge, last year, U.S. edtech companies raised an estimated $1.03 billion across 138 venture deals. Startups that serve the K-12 market raised $434 million, and those targeting the post-secondary and corporate learning sector raised $593 million.
Data Society is an online data science-training platform for professionals. They launched in 2014 with a mission to close the 1.5 million data jobs gap that continues to grow due to lack of data-literate applicants. They are the first data science-training program that is specifically designed for professionals to get up to speed quickly. Their online program takes someone without a background in math or programming and teaches them how to automate tedious data cleaning processes, build interactive visualizations, and analyze data to make better decisions.
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Why they’re different: Merav Yuravlivker, CEO, says, “Data Society is demystifying data science by using best of breed educational practices along with practical use cases and step-by-step instructions. Most post-secondary online courses are built by one professor, without quality assurance, and can lack the practical applications most professionals need to apply in their field. Data Society has developed a 25-step content creation process that relies on a team of industry experts and educators to build a robust and practical curriculum. We created an online learning platform that accommodates several learning styles so that it fits students’ needs and not the other way around. Plus, we provide all the materials that our students would need to implement the methods they've learned, including access to a code bank with over 20,000 lines of reusable code.”
MindSumo helps college students develop problem-solving, communications, and creative thinking skills by allowing them to solve real-world corporate challenges. Their online platform makes it possible for all students to apply classroom knowledge toward problems they'll be addressing in future careers. Delta Airlines, Caterpillar, and Ericsson are a few examples of companies that post projects. MindSumo also rewards students for their accomplishments. They raised $1.6 million and claimed $2 million in sales for 2016, (90% over year growth). They currently have ten employees and over 250,000 students across 3,000 universities around the world use their service. Also, more than 300 companies (90 are Fortune 500) have posted challenges for students to solve.
Why they’re different: Trent Hazy, CEO, explains, “Mindsumo is bridging the skills gap in higher education by giving students the most practical, hands-on learning experience from real company projects. It's a new way to keep college students engaged with their classroom learning while increasing their employability and success after graduation through stronger skills.”
BenchPrep is an enterprise software (SaaS) digital learning platform. They work with professional certification organizations and assessment companies designed to deliver personalized digital exam prep programs via the web and across multiple mobile devices.
BenchPrep works with millions of people globally. Their mission is to help people learn better and more efficiently by leveraging the power of technology, data science, usability engineering and innovative instructional design models. Education organizations, such as ACT, Hobsons, and McGraw-Hill Education use BenchPrep to help learners achieve academic and professional success. They’ve raised $8.2 million from New Enterprise Associates (NEA), Revolution Ventures and Lightbank. BenchPrep is profitable, cash flow positive and has made upwards of $10 million in revenue since its last round of funding. The company currently has 25 employees and expects to hire up to 40 by the end of the year. BenchPrep served 1.3 million learners in 2016 who collectively completed 45 million learning activities. More than 80% of learners live in the United States.
Why they’re different: Ashish Rangnekar, CEO and C0-Founder, says, “Credentialing, licensing and assessments touch all aspects of American education and the professional eco-system. When it comes to helping learners prepare for these high-stakes exams, options are limited, dysfunctional, expensive and archaic. We are redefining the exam prep market by working directly with the credentialing bodies and assessment companies and providing a personalized, engaging and affordable digital exam prep solution to learners. We leverage the power of learning science, technology, data science, usability engineering and innovative instructional design models to help learners learn better and faster.”
AdmitSee is an online platform featuring the largest searchable database of college and graduate school application files. These records include a student's academic history, personal background, full essays, extracurricular activities, and test scores. They also provide admissions advice and guidance. Students upload materials that are similar to LinkedIn profiles. Prospective college students get to read real application examples and connect with the college students behind them.
AdmitSee's database of 70,000+ profiles provides millions of data points that allow the team to apply data science to the admissions process. Analysis of both quantitative and qualitative admissions elements allows the company to surface big picture admission trends as well as personalized recommendations for individual users. They offer a revenue-share model to college students as an easy way to make money by passing down their personal application journeys and insights to younger students. For every view their profiles receive, they earn a commission. The company is bringing much-needed transparency to the black box of college admissions and paying students to pay it forward.
They’ve raised $2 million in seed funding, and have claimed $450k in revenue to date with 100% year-over-year growth. The company has four full-time employees and three part-time contractors. They have 250,000 registered users from 100+ countries.
Why they’re different: Stephanie Shyu, CEO, explains, "There is vast information asymmetry with college admissions. 30% of higher education students are the first in their families to attend college. Imagine if we could match all college applicants with actual college students who shared similar backgrounds and interests. AdmitSee's mission is to level that playing field by providing access to data and peer-driven insights. We believe equal opportunity starts with equal access, and we're closing the gap with information transparency."
Top Hat’s interactive, cloud-based teaching platform enables instructors to engage students inside and outside the classroom with content, tools, and activities. Top Hat is an all-in-one teaching platform for educators. The platform helps teachers engage their class, find course content, author course content and creative interactive assignments. Top Hat has raised more than $40 million in funding, and in 2016, revenue hit in the tens of millions. They have over 200 employees, and 750 leading North American colleges and universities use their platform.
Why they’re different: Mike Silagadze, CEO, states, “We looked for a gap in the market, in particular around classroom interaction and engagement and that was our entry point. We created the first cloud-based, BYOD engagement tool in higher education. We used that product as the foundation to build up our customer base of instructors, and then created the platform for interactive content and collaboration. Educators can develop content in collaboration with each other in the Top Hat Marketplace and then deliver it to their students or instructors.”
SchoolApply is a platform that connects students anywhere in the world with educational programs and schools abroad that best match their needs. Their ultimate goal is to take the bias out of the research and application process. They provide information about schools beginning with an educational focus and highlighting student life to provide a complete picture. After that, they then match that information with each student's individual needs. They focus on areas such as test scores, cost, and other data to provide a much more comprehensive approach to matching students with excellent schools.
SchoolApply has received $2.2 million in seed funding and closed out their first year of business with $1 million in revenue. They have 39 employees and placed 200 international students in 2016.
Why they’re different: Daniel Bjarne, CEO, says, “The number of students choosing to study abroad has been growing exponentially over the last five years, but the process that many students undergo to find and apply to universities abroad has stayed stagnant for decades. Our platform is helping thousands of students realize their dream of studying abroad and makes it simple and more transparent.”
StudySoup is an online peer-to-peer learning marketplace for college students. Students can upload notes and study guides to the StudySoup Marketplace, and their college peers can purchase the study materials, helping the college student bring in extra income.
Jeff and Sieva, co-founders, started StudySoup when they were college students. They felt the financial burdens on the students around them and wanted to make a change. The most apparent solution they realized was how to help students make money while helping their peers succeed in the classroom.
They’ve completed the 500 Startups accelerator and have raised $1.7 million in seed funding, and revenue exceeded $1 million last year. They have 13 employees working remotely all across the U.S. as well as abroad. More than half a million-college students across dozens of U.S. colleges and universities participate on their platform. Some students have profited over $1,000 per class in sales.
Why they’re different: Sieva Kozinsky, CEO, explains, “StudySoup is the largest and fastest growing online learning marketplace for college students. We work to support college students financially by helping them earn extra cash in a time when they are under enormous financial pressure and academically by giving them access to extra learning resources.”
CodeMonkey is a game-based-learning platform that teaches students eight years and older to code in a real programming language. CodeMonkey's platform reflects a new approach in edtech that combines learning with playing. Users help a monkey collect bananas by writing different lines of code. While the kids are playing, an AI engine quietly analyzes the players’ actions to deliver hints, feedback and further instructions. CodeMonkey is designed as a classroom resource and does not require prior knowledge and experience.
Since they established in 2014, CodeMonkey has raised $2 million. In 2017 YTD alone, they have generated more than $500,000 in revenue. They have ten employees in New York and Israel. Also, they have over 3.5 million users in dozens of countries around the world. The product is available in 15 languages.
In Israel, CodeMonkey has been operating for the second consecutive year in the framework of the "National Coding Olympics" by the Israel Ministry of Education. In 2015, more than 250,000 students from 1,700 schools have participated nationwide. Since 2016, CodeMonkey is collaborating withLearning.com and has established “Code-a-Thon,” a national coding competition, in which more than 250,000 students played CodeMonkey.
Why they’re different: Jonathan Schor, CEO, explains, “CodeMonkey teaches real-world coding and provides immediate feedback, which leads to skill progression. We also provide comprehensive online professional development for instructors, detailed lesson plans, automatic assessments, feedback, and grading. CodeMonkey enhances problem-solving, logic and creativity expertise, allowing students to learn in-demand skills through a highly intuitive and engaging game experience. Programming today is no longer in the domain of a small percentage of the population; it is widely recognized as a basic trade, just like math or English. Founded by three childhood friends who have been playing and inventing together since age nine, CodeMonkey is designed to address the increasing demand for coding skills in society by teaching real computer programming languages through play.”
Flocabulary is a Brooklyn-based edtech platform that uses educational hip-hop music videos to engage students in grades K-12 and increase achievement across the curriculum. They have a studio in their Brooklyn office where they record both local artists and rappers from Atlanta and Los Angeles.
Flocabulary recently raised $1.5 million after 12 years of bootstrapping. The company also posted $8.75 million in revenue last year. They currently have 50 employees and over 20,000 schools use Flocabulary's standards-based videos, instructional activities and formative assessments to develop core literacy skills and supplement instruction.
Why they’re different: Alex Rappaport, CEO, states, “We're focused on addressing fundamental classroom needs, and we validate those needs by prioritizing user feedback and spending a lot of time communicating with teachers and students. We believe that student engagement is essential, and Flocabulary's educational hip-hop videos provide a firm foundation of engagement that students can build on. One of the most unique aspects of Flocabulary's growth story is that we bootstrapped for 12 years before raising our first round of institutional capital. Flocabulary is now used in more than 20,000 schools, reaching millions of students. The recent release of our mobile app, which features all of our videos and new vocabulary quizzes, also allows us to reach kids at home.”
Caribu is an award-winning education platform that helps parents, extended family, and mentors read and draw with children when they’re not together. Caribu compares itself to FaceTime meeting Kindle for kids. They provide an engaging experience in a carefully designed, curated, and secure platform. An in-app bookstore is where over 200 books from leading children’s publishers, in six languages, are available for purchase. Other features include interactive real-time drawing, a pointer to follow along, and a magnifying tool. They are currently negotiating a seed round, and annual revenue to date is under $100K. They have two full-time employees, 127,000 downloads and 13,000 paying users in 145 countries.
Why they’re different: Maxeme Tuchman, CEO, claims, “We're different because we allow families to create engaging educational experiences and spend quality time with their little ones when they're far away. Many apps allow your children to read books solo or have books read to them by the app, but Caribu allows any parent, grandparent, aunt or uncle to read and draw in real time during a video call.”
With over 500,000 readers in education, I am honored to be namedLinkedIn's #1 Top Voice in Education for 2018. I am also the founder of EdNews Daily, an online education
…
With over 500,000 readers in education, I am honored to be namedLinkedIn's #1 Top Voice in Education for 2018. I am also the founder of EdNews Daily, an online education resource that provides education consulting opportunities, tips, articles, teacher support, and critical information surrounding the education ecosystem.
EdNews Daily is a hub of information for parents, students, teachers, universities, education startups and school administrators. I am a certified K-9, ESL and Writing teacher. I've taught almost all grade levels from ECE to college-age students.
Prior to writing, my career began in a 4th-grade classroom and transitioned into higher education. I launched the first graduate advising program in the history of National Louis University, working with over 2,500 educators and 100 professors.
As an education journalist, you can find my work featured in various publications across the globe. Today, I continue to work with students, teachers, leading education entrepreneurs, influencers, and startups.
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About
So you want to know about the person behind the Best Punch Bag website? No probs, I can share a little with you 🙂
I’m an aspiring internet marketer and have designed this website to promote products and companies that I personally recommend and have used over the years. The website has been designed to showcase some of the best MMA equipment, Boxing Equipment, Punch Bags, Videos, Books, Clothing and more to help you get the best from your workout. Like you I enjoy training, I have also trained in a number of different martial arts over the years and boxed as a child. Now I enjoy weight training and a good bag session each day to maintain my fitness and striking.
The Best Punch Bag website has all sorts of different bags for different people and different styles. It also offers genuine reviews that have been shared on Amazon.co.uk. Most of the products on this website are available for purchase from Amazon.co.uk. I have also teamed up with other online retailers who offer top quality Boxing and MMA equipment.
If you would like to see other features or categories on here then use the contact form and let me know what you want added. The same goes if you would like me to review and list your products.
ABOUT
Welcome to the Best Punch Bags website. Our websites offers real reviews, punch bag guides and products available to buy. We source the best bags for boxing and MMA and promote them all here.
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DC
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Earth-33
Climate change. Environmental destruction. Overpopulation. Cultural and religious hostility. Nuclear proliferation. Rapidly evolving disease. Economic imbalance. Corporate corruption. The problems facing the people of Earth-33 are serious and abundant—something that’s made all the more terrifying by its complete lack of super heroes.
But before you write this world off as doomed, know this. Over the past 2,000 years, the people of Earth-33 have thrived. What they lack in power, they make up for in imagination and ingenuity. If they’ve been deprived of the good fortune of other worlds, worlds that have been graced by benevolent alien protectors, fortuitous lightning strikes and a powerful undercurrent of magic, Earth-33 has made up for it in dreams.
These dreams have taken many forms, but most notable of all may be the visual storytelling medium we call comic books. In it, we’ve dreamed of super men who could fly, billionaires who fight crime and Amazon warriors who wield truth-bringing lassos—heroes who have filled up a whole Multiverse of worlds. So when that Multiverse is in danger, it only makes sense that we dream up one more: Ultra Comics, a super hero who exists on Earth-33 the only way he can, in the form of the very medium that birthed them. Will Ultra Comics be enough to keep the Multiverse from falling? Only time will tell. But it’s clear that the lives of millions of super heroes throughout the universe may now be dependent on the most unlikely of saviors: The only world in the Multiverse without them.
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29 May 2016
The Sunday Post is a weekly meme hosted by Kimberly of Caffeinated Book Reviewer. It’s a chance to share news. A post to recap the past week on your blog and showcase books and things we have received. Share news about what is coming up on our blog for the week ahead.
Rating: 4/5"It's September when good girl Via Sorenson stumbles into a Seattle strip club, drunk and alone on her twenty-first birthday. Matt and Nick--best friends, bandmates, and bouncers--do their best to shield her from their sadistic cocaine-trafficking boss, Carlos. They don't realize her daddy issues come with a forty-million-dollar trust fund and a legacy she would do anything to escape.She is actually Violetta Rabbotino, who had been all over the news ten years earlier when her father, an acclaimed abstract artist, came home in a rage, murdered her mother, then turned the gun on himself. Young Violetta was spared, hidden behind the family Christmas tree, veiled by the mysticism of its pretty lights whose unadulterated love captivated and calmed her.Now, desperate to shed her role as orphaned victim, Via stage dives into a one-hundred-day adventure with Matt and Nick, the bassist and drummer of popular nineties cover band Obliviot. The rock-and-roll lifestyle is the perfect distraction--until she is rattled by true love. As Christmas looms closer, her notorious past becomes undeniable. How will she ever untangle herself from her twisted string of pretty lights?Recommended for mature audiences due to explicit language, domestic violence, sexual content, and drug use."
23 May 2016
Rating: 4/5"Seventeen-year-old Bianca Piper is cynical and loyal, and she doesn’t think she’s the prettiest of her friends by a long shot. She’s also way too smart to fall for the charms of man-slut and slimy school hottie Wesley Rush. In fact, Bianca hates him. And when he nicknames her “Duffy,” she throws her Coke in his face.But things aren’t so great at home right now. Desperate for a distraction, Bianca ends up kissing Wesley. And likes it. Eager for escape, she throws herself into a closeted enemies-with-benefits relationship with Wesley.Until it all goes horribly awry. It turns out that Wesley isn’t such a bad listener, and his life is pretty screwed up, too. Suddenly Bianca realizes with absolute horror that she’s falling for the guy she thought she hated more than anyone."
22 May 2016
The Sunday Post is a weekly meme hosted by Kimberly of Caffeinated Book Reviewer. It’s a chance to share news. A post to recap the past week on your blog and showcase books and things we have received. Share news about what is coming up on our blog for the week ahead.
"'It is that quick, it is that strong, it is that beautiful. And it is also totally impossible.'Even though she knows it's impossible, Seren longs to have the sunshine on her skin. It's something she feels she needs to stay sane. But when you're floating through space at thousands of kilometres an hour, sometimes you have to accept there are things you cannot change.Except that the arrival of Dom in her life changes everything in ways she can barely comprehend. For a while he becomes the Sun for her; and she can't help but stay in his orbit. Being with him flaunts every rule designed to keep their home in order, but to lose him would be like losing herself.In the end they must decide what is most important: loyalty to the only home they've ever known, or to each other?"
16 May 2016
I have seen the Intimidating TBR Pile Tag floating around now for quite a while (including on Sarah's Chapter and Ariel Bissett's Channel on Booktube to name a couple) and thought it would be really cool to give it a go. you never know it might just persuade me to tackle my pile.
15 May 2016
The Sunday Post is a weekly meme hosted by Kimberly of Caffeinated Book Reviewer. It’s a chance to share news. A post to recap the past week on your blog and showcase books and things we have received. Share news about what is coming up on our blog for the week ahead.
"What happens when "happily ever after" has come and gone? On the eve of her only daughter, Princess Raven's wedding, an aging Snow White finds it impossible to share in the joyous spirit of the occasion. The ceremony itself promises to be the most glamorous social event of the decade. Snow White’s castle has been meticulously scrubbed, polished and opulently decorated for the celebration. It is already nearly bursting with jubilant guests and merry well-wishers. Prince Edel, Raven's fiancé, is a fine man from a neighboring kingdom and Snow White's own domain is prosperous and at peace. Things could not be better, in fact, except for one thing: The king is dead. The queen has been in a moribund state of hopeless depression for over a year with no end in sight. It is only when, in a fit of bitter despair, she seeks solitude in the vastness of her own sprawling castle and climbs a long disused and forgotten tower stair that she comes face to face with herself in the very same magic mirror used by her stepmother of old. It promises her respite in its shimmering depths, but can Snow White trust a device that was so precious to a woman who sought to cause her such irreparable harm? Can she confront the demons of her own difficult past to discover a better future for herself and her family? And finally, can she release her soul-crushing grief and suffocating loneliness to once again discover what "happily ever after" really means? Only time will tell as she wrestles with her past and is forced to confront The Reflections of Queen Snow White."
10 May 2016
Top Ten Tuesday is a weekly meme hosted by The Broke and The Bookish. This week's topic is ten non-bookish websites I waste a lot of time on. I moslty waste time on bookish websites, this is the few non-bookish ones I've been wasting my time on recently...
09 May 2016
Rating: 3.5/5"She can forgive. They can't forget.After ten years in the Huntsville State Penitentiary, Jasper Curtis returns home to live with his sister and her two daughters. Lizzie does not know who she's letting into her home: the brother she grew up loving or the monster he became.Teenage Katie distrusts this strange man in their home but eleven-year-old Joanne is just intrigued by her new uncle.Jasper says he's all done with trouble, but in a forgotten prairie town that knows no forgiveness, it does not take long for trouble to arrive at their door."
08 May 2016
The Sunday Post is a weekly meme hosted by Kimberly of Caffeinated Book Reviewer. It’s a chance to share news. A post to recap the past week on your blog and showcase books and things we have received. Share news about what is coming up on our blog for the week ahead.
"This is what it means to love someone. This is what it means to grieve someone. It's a little bit like a black hole. It's a little bit like infinity.Gottie H. Oppenheimer is losing time. Literally. When the fabric of the universe around her seaside town begins to fray, she's hurtled through wormholes to her past:To last summer, when her grandfather Grey died. To the afternoon she fell in love with Jason, who wouldn't even hold her hand at the funeral. To the day her best friend Thomas moved away and left her behind with a scar on her hand and a black hole in her memory.Although Grey is still gone, Jason and Thomas are back, and Gottie's past, present, and future are about to collide—and someone's heart is about to be broken.With time travel, quantum physics, and sweeping romance, The Square Root of Summer is an exponentially enthralling story about love, loss, and trying to figure it all out, from stunning debut YA voice, Harriet Reuter Hapgood."
02 May 2016
"The summer before Ivy’s senior year is going to be golden; all bonfires, barbeques, and spending time with her best friends. For once, she will just get to be. No summer classes, none of Granddad’s intense expectations to live up to the family name. For generations, the Milbourn women have lead extraordinary lives—and died young and tragically. Granddad calls it a legacy, but Ivy considers it a curse. Why else would her mother have run off and abandoned her as a child?But when her mother unexpectedly returns home with two young daughters in tow, all of the stories Ivy wove to protect her heart start to unravel. The very people she once trusted now speak in lies. And all of Ivy’s ambition and determination cannot defend her against the secrets of the Milbourn past…."
01 May 2016
The Sunday Post is a weekly meme hosted by Kimberly of Caffeinated Book Reviewer. It’s a chance to share news. A post to recap the past week on your blog and showcase books and things we have received. Share news about what is coming up on our blog for the week ahead.
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Papaji's Paneer Tikka Masala (284g)
$7.00
Availability : In stock
Product Unit : 1 Pieces
Paneer Tikka Masala
Paneer Tikka Masala is a gourmet dish which is simple to cook but very flavorful. Paneer Tikka Masala is the king of vegetarian dishes in north-Indian cuisine. Tender pieces of cottage cheese, simmered in an aromatic.
Paneer Tikka Masala
- Paneer Tikka Masala, a marinated paneer cubes grilled to perfection and then cooked in spicy gravy, is delicious in every
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The special ingredients should be sour cream and onion chips with some dip, man, some beef jerky, some peanut butter. Some Häagen-Dazs ice cream bars, a whole lot, make sure chocolate, gotta have chocolate, man. Some popcorn, red popcorn, graham crackers, graham crackers with marshmallows, the little marshmallows and little chocolate bars, man. Also, celery, grape jelly, Cap'n Crunch with the little Crunch berries, pizzas. We need two big pizzas, man, everything on 'em, with water, whole lotta water, and Funyons.
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728 So.2d 611 (1998)
Ex parte CITY OF GUNTERSVILLE and the Municipal Workers' Compensation Fund, Inc.
(Re City of Guntersville and the Municipal Workers' Compensation Fund, Inc. v. Maylond T. Bishop).
1961595.
Supreme Court of Alabama.
May 22, 1998.
*612 Tom Burgess and Murray H. Gibson, Jr., of Burgess & Hale, L.L.C., Birmingham, for petitioners.
Robert W. Lee, Jr., and Ashley P. Norton of Robert W. Lee & Associates, P.C., Birmingham; and Wayne Wolfe of Wolfe, Jones & Boswell, Huntsvillle, for respondent.
John J. Coleman III, Gregory C. Cook, and Tom S. Roper of Balch & Bingham, L.L.P., Birmingham, for amicus curiae Alabama Self-Insured Workers' Compensation Fund.
Rhonda Pitts Chambers of Rives & Peterson, P.C., Birmingham, for amicus curiae Alabama Council of Association Workers Compensation Self Insurers Funds.
MADDOX, Justice.
The central issue presented in this case is whether § 25-5-77(a), Ala.Code 1975, requires an employer and/or its workers' compensation insurance carrier to furnish a disabled claimant with a motor vehicle. That section provides, in part:
"In addition to the compensation provided in this article and Article 4 of this chapter, the employer ... shall pay an amount not to exceed the prevailing rate or maximum schedule of fees as established herein of reasonably necessary medical and surgical treatment and attention, physical rehabilitation, medicine, medical and surgical supplies, crutches, artificial members, and other apparatus as the result of an accident arising out of and in the course of the employment, as may be obtained by the injured employee...."
§ 25-5-77(a), Ala.Code 1975 (emphasis added). The central issue, therefore, may be broken down into two principal subparts:
(1) Does a motor vehicle come within the term "other apparatus" as that term is used in § 25-5-77(a)? and, if so,
(2) Is the purchase of a motor vehicle in this case a "reasonably necessary" expense within the meaning of that Code section?
We conclude that a motor vehicle does not come within the term "other apparatus" as that term is used in this statute. Because of this conclusion, we do not address whether *613 the purchase of a motor vehicle would be "reasonably necessary" in this case.
Facts and Procedural History
Maylond T. Bishop was a policeman employed by the City of Guntersville. On July 16, 1993, Bishop was shot in the back while he was on duty. As a result, he was rendered paraplegic, and he is now confined to a wheelchair. He sued for workers' compensation benefits, and on June 16, 1995, the trial court entered findings of fact, conclusions of law, and a judgment in Bishop's lawsuit against the City and its workers' compensation insurance carrier, Municipal Workers' Compensation Fund, Inc. (collectively, the "City"). Bishop and the City had stipulated, and the trial court found: (1) that Bishop was an employee of the City of Guntersville when he sustained his injury; (2) that the injury arose out of and in the course of his employment; (3) that Bishop is permanently and totally disabled as a result of the injury; (4) that the City received prompt and immediate notice of the injury; and (5) that all Bishop's medical expenses and temporary total disability benefits have been, or will be, paid. As a result, the trial court entered a final judgment setting Bishop's weekly lifetime benefit payments at $328.87.
Before the trial court entered its judgment, Bishop had purchased a Chevrolet van for approximately $24,500. After the trial court entered its judgment, Bishop requested that the City reimburse him for the full purchase price of the van. The City agreed to pay for the cost of installing a wheelchair lift in the van, but denied that it was responsible for the full purchase price of the vehicle. The City subsequently sued Bishop in the Marshall Circuit Court, seeking a judgment declaring that § 25-5-77(a) did not require the City to reimburse Bishop for the purchase price of the van.
The circuit court entered a judgment declaring that the City was responsible for the full purchase price of the van. The Court of Civil Appeals affirmed. City of Guntersville, Municipal Workers' Compensation Fund v. Bishop, 728 So.2d 605 (Ala.Civ.App.1997). We granted certiorari review.
In support of his contention that he should be reimbursed for the price of the van, Bishop presented letters from two physicians, both of whom are associated with the Department of Rehabilitative Medicine at the University of Alabama at Birmingham ("UAB") School of Medicine. Both physicians wrote, in essence, that it was necessary for Bishop to have a van with a wheelchair lift to facilitate transportation. Specifically, Dr. Laura Kezar[1] wrote, in part:
"I am currently following [Mr. Bishop] for chronic pain syndrome following spinal cord injury. His case has been complicated by the development of severe overuse syndromes involving the bilateral upper extremities, right worse than left. He has recently undergone carpal tunnel release at the right wrist. Because of these problems which are a direct result of his spinal cord injury, I feel it is medically necessary that he obtain a van with a wheelchair lift in order to restore his mobility to the highest possible level of independent functioning."
(Emphasis added.) Dr. C.T. Huang[2] wrote:
"Mr. Bishop was injured in 1993 resulting in T11 paraplegia, complete. As a result of this permanent injury, the patient needs a van for transportation."
(Emphasis added.)
At the trial of this case, the parties entered into the following joint stipulation of facts:
"1. On July 16, 1993, [Bishop] was employed as a police officer with the City of Guntersville. On that day, [Bishop] was shot in the back by an assailant while [Bishop was] performing his duties as a police officer. As a result of the gunshot wound, [Bishop] was rendered paraplegic and is wheelchair bound.
"2. On June 16, 1995, [the Marshall Circuit Court] entered a final judgment in *614 Civil Action No. CV-94-374 entitling [Bishop] to receive lifetime [workers'] compensation benefits from [the City] in the sum of $328.87 per week. The Court also ordered [the City] to pay all reasonable and necessary medical expenses in connection with [Bishop's] injuries as required by § 25-5-77.
"3. In order to facilitate his transportation in a wheelchair, [Bishop] on or about March 29, 1995, purchased a 1994 Chevrolet van for approximately $24,500.00.
"4. [Bishop] asserts that the van is a `reasonable and necessary' medical expense, and has requested that the [City] reimburse him for the full purchase price of the van.
"5. The [City] has paid to have a wheelchair lift installed in the van, but denies any obligation pursuant to the Alabama Workers' Compensation Act to pay for the van itself.
"6. [Bishop] has supported his request with letters from his two physicians stating that the van is medically necessary for `transportation,' including regularly scheduled visits to his doctors for the purpose of monitoring his medical condition, and for restoring [Bishop's] mobility `to the highest possible level of independent functioning.' Other than as stated, there are no... medical purposes for the van.
"7. The parties agree that the van has made it much more convenient to transport [Bishop] from place to place, and that it has significantly increased [Bishop's] mobility and sense of independence.
"8. The parties disagree [as to whether] the van is medically necessary or constitutes a medical `apparatus' within the meaning of § 25-5-77(a), [Ala.Code 1975]."
(Emphasis added). The trial court entered a judgment declaring that the City was responsible for the full purchase price of the van.
In affirming, the Court of Civil Appeals, noting that it was bound to "liberally construe the Act," 728 So.2d at 610, determined that the van came within the statutory term "other apparatus" and that it was "reasonably necessary" under the facts of this case. 728 So.2d at 606.
The two dissenting judges wrote, however, that, while they "agree[d] that a wheelchair lift would be an `other apparatus' under Ala. Code 1975, § 25-5-77(a), [they did not] agree that the Legislature intended that the entire cost of a wheelchair-accessible van be included in that term." 728 So.2d at 611. Consequently, they would have adopted the reasoning of the West Virginia Supreme Court of Appeals in Crouch v. West Virginia Workers' Compensation Comm'r, 184 W.Va. 730, 403 S.E.2d 747 (1991). In that case, the West Virginia court held that because the injured employee testified that he would have owned an automobile had he not been injured, the value of a mid-priced automobile of the same model year as the van the employee purchased should have been deducted from the amount awarded by the court as compensation for the purchase price of the van.
Discussion
This case presents a question of first impression: Does a motor vehicle come within the meaning of the term "other apparatus" as that term is used in § 25-5-77(a)? The authors of a workers' compensation treatise have written the following regarding the subject:
"[T]he employer is liable for medical supplies and any artificial apparatus incident to the effective treatment of the injury. Typically, this liability has included, but is not limited to, the following: new or replacement artificial members, crutches, medication, general medical and surgical supplies, and like materials."
Jack B. Hood, Benjamin A. Hardy, Jr., and E.J. Saad, Alabama Workers' Compensation § 10-3 (3d ed.1993) (footnotes omitted; emphasis added). Whether a motor vehicle may be included in the same category as crutches, artificial limbs, or a wheelchair lift is not a question one would intuitively answer in the affirmative. However, the question here is what the Legislature intended the term "other apparatus" to mean. To determine what the Legislature intended, we must examine both the history of the workers' compensation statute and the policies underpinning it.
Although this issue is one of first impression in this Court, it has been considered and *615 decided by the courts of several other states with similar statutes. Those courts that have considered this issue appear to be divided into three groups: (1) those holding that the purchase price of a motor vehicle is not compensable; (2) those holding that it is compensable; and (3) those holding that, while the full purchase price may not be compensable, some part of it may be.
Courts in Pennsylvania, Colorado, South Carolina, Maryland, New York, and North Carolina have determined that the purchase price of a motor vehicle is not reimbursable under those states' respective workers' compensation statutes. See Bouge v. SDI Corp., Inc., 931 P.2d 477 (Colo.App.1996) (statute providing that the employer "shall furnish... medical, hospital, and surgical supplies, crutches and apparatus" does not include a van, because a van does "nothing to care for or remedy the quadriplegia"); Petrilla v. Workmen's Compensation Appeal Board, 692 A.2d 623 (Pa.Commw.Ct.1997) (statute requiring employer to pay for "medicines and supplies, hospital treatment, services and supplies and orthopedic appliances and prostheses" does not require employer to pay for van, although modifications to van to allow claimant to use it are covered); Strickland v. Bowater, Inc., 322 S.C. 471, 472 S.E.2d 635 (Ct.App.1996) (statute providing that an employer must pay for "other treatment or care" does not require that an employer pay for a van); R & T Constr. Co. v. Judge, 323 Md. 514, 594 A.2d 99 (1991) (statute requiring employer to provide "other prosthetic appliance[s]" does not require employer to pay for van); McDonald v. Brunswick Elec. Membership Corp., 77 N.C.App. 753, 336 S.E.2d 407 (1985) (neither statutory provision requiring employer to provide "other treatment or care" nor provision requiring it to provide "rehabilitative services" required employer to pay for van); Nallan v. Motion Picture Studio Mechanics Union, Local No. 52, 49 A.D.2d 365, 375 N.Y.S.2d 164 (1975), rev'd on other grounds, 40 N.Y.2d 1042, 391 N.Y.S.2d 853, 360 N.E.2d 353 (1976) (van not a "medical apparatus or device" under New York statute).
Courts in Arizona, Iowa, Florida, Maine, and Mississippi have held that an employer may be required to reimburse a claimant for the purchase price of a motor vehicle under certain circumstances. See Brawn v. Gloria's Country Inn, 698 A.2d 1067 (Me.1997) (statute entitling claimant to "reasonable and proper medical, surgical and hospital services, nursing, medicines, and mechanical, surgical aids, as needed" requires employer to provide a van); Mississippi Transp. Comm'n v. Dewease, 691 So.2d 1007 (Miss. 1997) ("where there is evidence that a wheelchair van is reasonably necessary, it may qualify as an `other apparatus' for which medical benefits shall be paid"); Manpower Temporary Services v. Sioson, 529 N.W.2d 259 (Iowa 1995) (statute requiring employer to provide "reasonable surgical, medical, ... ambulance and hospital services and supplies... and ... reasonably necessary transportation expenses" does not require employer to provide van except in rare circumstances); Kraft Dairy Group v. Cohen, 645 So.2d 1072 (Fla.Dist.Ct.App.1994) ("vehicle may constitute `other apparatus'" as that term is used in workers' compensation statute, but only if it would improve the condition caused by the accident or aid in recovery from injuries); Terry Grantham Co. v. Industrial Comm'n of Arizona, 154 Ariz. 180, 741 P.2d 313 (Ct. App.1987) ("[w]here an industrial injury necessitates the modification or substitution of an automobile in order to accommodate a wheelchair or artificial member and to restore in part a claimant's former ambulatory ability, such costs may be awarded as `other apparatus'").
Courts in North Dakota and West Virginia have taken a middle route. Those courts require that an employer reimburse a claimant for the difference between the purchase price of a van and the purchase price of a regular automobile. See Meyer v. North Dakota Workers Compensation Bureau, 512 N.W.2d 680 (N.D.1994); and Crouch v. West Virginia Workers' Compensation Comm'r, 184 W.Va. 730, 403 S.E.2d 747 (1991).
Although an analysis of the positions of our sister states on this issue is informative, to answer the question before us we must look to the origins and purposes of our own workers' compensation statute. As Professor Larson has written, "[t]he necessity for *616 workers' compensation legislation arose out of the coincidence of a sharp increase in industrial accidents attending the rise of the factory system and a simultaneous decrease in the employee's common-law remedies for his or her injuries." 1 Arthur Larson & Lex K. Larson, Larson's Workers' Compensation Law, § 4.00 (1997). In an effort to meet changing societal needs more efficiently than they were being met by the common law and early statutory law, the states began enacting workers' compensation statutes, in their modern form, in the first part of this century. Larson, § 5.30. In doing so, the states created a new system that was delicately balanced between the interests of employees and the interests of employers. Under this new system, the employer is automatically responsible for paying medical and disability benefits to employees who are injured on the job. "[T]he employee and his or her dependents, in exchange for ... modest but assured benefits, give up their common-law right to sue the employer for damages for any injury covered by the act...." Larson, § 1.10(e). "A correctly balanced underlying concept of the nature of workers' compensation is indispensable to an understanding of current cases and to a proper drafting and interpretation of compensation acts." Larson, § 1.20. The Alabama Legislature incorporated that balanced concept in our workers' compensation statute. Understanding that balance is, of course, a constant challenge for courts. In deciding the issue at hand, we must determine how to best effectuate the intended aims of the compensation statute while maintaining the balance upon which it was based.
To adopt the position that Bishop would have this Court adopt would, we believe, disturb the balance of interests that is at the heart of the workers' compensation system. While we recognize our duty to liberally construe the statute,[3] we must nonetheless hold that a motor vehicle does not come within the term "other apparatus" as that term is used in § 25-5-77(a).
The facts are undisputed. The parties stipulated that Bishop purchased the van "[i]n order to facilitate his transportation in a wheelchair." They further stipulated that "the van is medically necessary for `transportation,' including regularly scheduled visits to his doctors." Bishop urges this Court to hold that his van is a reasonably necessary "other apparatus" under the statute because he uses it for transportation to and from his doctors' offices, rehabilitation clinics, etc. We note, however, that in § 25-5-77(f) the Legislature specifically provided for expenses associated with transportation to and from such offices. In that section, the Legislature provided that an employer must pay a claimant's transportation costs, based on the distance the claimant travels to and from medical and rehabilitative treatment.
The City argues, and we agree, that, because the Legislature specifically provided for transportation costs in § 25-5-77(f), it would not be logical to conclude that the Legislature intended for the more general language of § 25-5-77(a) to cover costs related to transportation as well.
The parties also agree that the van is necessary "for restoring [Bishop's] mobility `to the highest possible level' of independent functioning." It is important to note that the parties further stipulated that "[o]ther than as stated, there are no other medical purposes for the van." If we held that the workers' compensation statute required reimbursement of a claimant's expenses where the sole purpose of those expenses was to enhance the claimant's independent functioning, we believe we would be dangerously disturbing the balance of interests that the Legislature built into the workers' compensation system.
Our workers' compensation system was designed to provide limited, but guaranteed, benefits to employees injured on the job. In addition to those benefits, employers are required to pay for medical and rehabilitative treatment. However, we hold that those benefits do not include the purchase price of a motor vehicle. Put simply, a motor vehicle is not a device that, in and of itself, can serve to improve a disabled claimant's condition. Its only use is to improve the claimant's independent functioning. While *617 human concern would cause one to wish that a disabled person would reach the maximum possible level of independent functioning, we believe that allowing reimbursement for such costs as are claimed in this case would stretch the workers' compensation statute beyond its intended meaning. Consequently, we hold that a motor vehicle is not within the term "other apparatus" as that term is used in § 25-5-77(a), Ala.Code 1975. Because we make that determination, we need not consider whether a motor vehicle would be "reasonably necessary" in this case if it were such an apparatus.
The judgment of the Court of Civil Appeals is reversed and the cause is remanded.
REVERSED AND REMANDED.
HOOPER, C.J., and SHORES, HOUSTON, COOK, SEE, and LYONS, JJ., concur.
NOTES
[1] Dr. Kezar is an assistant professor of rehabilitation medicine in the Department of Rehabilitation Medicine.
[2] Dr. Huang is a physician in the Department of Rehabilitation Medicine.
[3] Riley v. Perkins, 282 Ala. 629, 213 So.2d 796 (1968).
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Q:
Nunit Base Text Fixtures and the order in which they run
If I have:
[TestFixture]
public class BaseTestFixture
{
[TestFixtureSetup]
public void SetUpStuff()
{
}
}
[TestFixture]
public class DeriveTestFixture : BaseTextFixture
{
[TestFixtureSetup]
public void SetupOtherStuff()
{
}
}
Does the BaseTextFixture TestFixtureSetup method get called before or after the DerivedTestFixture TestFixtureSetUp method?
A:
Why not prove it to yourself with the test?
[TestFixture]
public class BaseTestFixture
{
[TestFixtureSetup]
public void SetUpStuff()
{
Console.Writeline("Base");
}
}
[TestFixture]
public class DeriveTestFixture : BaseTextFixture
{
[TestFixtureSetup]
public void SetupOtherStuff()
{
Console.Writeline("Derived");
}
}
That said you might think about only having the attributes on the base and having two other functions to override such as OnAfterTestFixtureSetup() so it's more explicit. That is,
[TestFixture]
public class BaseTextFixture
{
[TestFixtureSetup]
public void SetUpStuff()
{
Console.Writeline("Base");
OnAfterTextFixtureSetup();
}
public virtual OnAfterTextFixtureSetup()
{
}
}
|
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Illustration by C R Sasikumar Illustration by C R Sasikumar
They could not tell a triangle from a circle. One of them said a trikon (triangle) has four sides and another student could not point out set two integers on a line bar, while many of them failed to solve two-digit multiplication and subtraction. Some appeared honest and wrote avadtu nathi (do not know) on their answer sheets.
All these 500 Class X students, who gave the these answers to basic questions during a hearing session Tuesday on suspected cases of copying at the Gujarat Secondary and Higher Secondary Education Board (GSHSEB) headquarters here, had scored more than 80 per cent — a few even scoring 90-95 per cent — in the objective section (50 per cent of the total marks) of their mathematics paper in the board exams, results of which were announced on May 24. Also, all these students scored zero in the subjective section.
Watch Video: What’s making news
At the hearing, according to officials, the students revealed a teacher used to stand right below the CCTV camera of the examination hall and tutored them answers. Some of them said they used to hear “voices from outside the window” of the classroom.
Parents or guardians of the students were also at the hearing.
“What caught attention of the examiners during tallying of marks was disparity between marks for their objective and subjective answers, particularly in Mathematics. Nothing untoward was noticed even when the CCTV footage of certain sensitive examination centres were scanned,” said Officer on Special Duty (OSD) M A Pathan, who led the jury of five board members. The 500 students, whose results have been withheld, were from three examination centres at Lambadiya (Sabarkantha), Choila (Aravalli) and Bhikapur (Chhota Udepur).
Also, all of them were from secondary grant-in-aid schools that reflected “improved” results when compared to last year’s performance. Improvement in results made these schools eligible for a proportionately higher grant.
During the hearing, students in presence of their parents denied any wrongdoing and claimed they have forgotten all the answers in three months since the board exam in March.
After warning the parents against “setting a bad example”, the panel assured that students telling the truth would be supported.
The move worked and a few admitted in their response sheets that they were helped by “someone from outside the examination room through the windows”, a jury member said.
“I cannot identify the voice, but someone just outside the window dictated answers of objective questions to us,” wrote a student. However, nothing was caught on CCTV cameras.
“During the hearing, a few revealed that they were tutored by school teachers not to admit that they have copied, but simply say that they have forgotten what they studied. This was the standard reply to all questions we asked them,” said Pravinsinh Rana, one of the panel members.
“The worst we can do is only cancel the examination centre. The board does not have any power to take legal action against such schools or teachers,” said a senior board official.
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430 S.W.2d 536 (1968)
The VECTOR CORPORATION and Miltex Oil and Gas Corporation, Appellants,
v.
FIRST STATE BANK & TRUST COMPANY OF PORT LAVACA, Texas, Charles H. Stevenson, Jr., and Charles H. Stevenson, Jr., Trustee, Appellees.
No. 4703.
Court of Civil Appeals of Texas, Waco.
June 20, 1968.
Rehearing Denied July 11, 1968.
*537 Kleberg, Mobley, Lockett & Weil, J. Lev Hunt, Corpus Christi, Rochelle & Gandy, Dean M. Gandy, Dallas, for appellants.
Sorrell, Anderson & Porter, Wm. R. Anderson, Jr., Butler, Schraub & Gandy, Roger Butler, Corpus Christi, for appellees.
OPINION
WILSON, Justice.
The bank sued the Vector Corporation, Miltex Oil & Gas Corporation and Charles Stevenson, individually and as trustee, on a 1965 promissory deed of trust note for $100,000 payable to the bank. It was signed "Charles H. Stevenson, Jr., individually and as Trustee". The trial court, after a non-jury trial, rendered judgment against all defendants jointly and severally, granting Stevenson judgment over against Vector and Miltex.
We first dispose of appellants' complaint of judgment for Stevenson, individually, against Vector and Miltex. There was no pleading or evidence to support the judgment, and it is vacated.
The chief question in this case is whether Vector and Miltex are liable to plaintiff bank for payment of the note which was executed solely by Stevenson, individually and as trustee.
The only cause of action alleged by the bank was that to enforce payment of the note. It alleged reasons for liability of the two corporations on the note. It asserted that Stevenson was president and manager of Vector and Miltex, and was owner of one-third of the capital stock of one and 18½% of the stock of the other; that the corporations "authorized or acquiesced" in and ratified Stevenson's acts in making the loan represented by the note; that he held legal title to the property described in the deed of trust securing payment of the note as trustee for the corporations; that their operations, income and properties "were commingled"; that Stevenson subsequently assigned most of the properties to Miltex; that the corporations were "estopped to deny they are indebted to plaintiff by reason of the above described note", having "enjoyed the fruits thereof," using the proceeds to pay corporate debts.
Vector and Miltex are not liable on the note, in our opinion.
Art. 5932, Sec. 18, Vernon's Ann.Civ. Stat., (Sec. 18, Uniform Negotiable Instruments Act), in effect when the note was executed, provides: "No person is liable on the instrument whose signature does not appear thereon, except as herein otherwise expressly provided."
Appellee relies on Secs. 19 and 20 of Art. 5932 as constituting modifications of Sec. 18 which permit recovery. Sec. 19, however, merely authorizes the "signature" of a party to be made by an agent. It concerns the name of a party placed on the instrument by another. Sec. 20, on the other hand, relates only to liability of the signer; not that of a non-signatory party.
Parol evidence was not admissible to establish liability beyond the terms of the instrument where the cause of action asserted is on the note. The instrument "cannot be made the obligation of one *538 not a party by extrinsic proof, regardless of what are the real facts." By the parol evidence rule the evidence "is inadmissible because it is an attempt to add to the terms of a written instrument." Farrier v. Hopkins, 131 Tex. 75, 112 S.W.2d 182, 183.[1]
The bank insists also that parol evidence is admissible because there is an "ambiguity" in the note. The ambiguity claimed is that the note does not disclose for whom Stevenson was trustee. "Ambiguity" relates to language of doubtful or uncertain meaning. 3 Words and Phrases, "Ambiguous." There is no ambiguity present.
The evidence is undisputed that the bank relied on Stevenson personally to pay the note. The ledger sheets and accounting records of the bank show Stevenson alone as being liable on the notes. No writing in the bank's records evidenced liability of Vector or Miltex. The bank's evidence, however, made it undisputed that the corporations were disclosed principals and the bank was fully cognizant of the relationship between them and Stevenson. The president of the bank who made the loan testified the loan represented by the note was not made to the corporations; that they were not "primary obligors on the note"; that they were not "guarantors"; that they were "not obligated on the note directly"; that Stevenson was the one the bank was "looking to"; that until just before suit "it had not even occurred" to the president that "the corporation might be liable", or that "the corporation owed the money". He requested that Stevenson sign the note individually and as trustee. The president of appellee bank testified, "I much prefer not to have a loan in a corporate name; paper work that's involved, resolutions, etc. I much prefer to deal through an individual."
Under these facts, as Justice Gaines said, the principal being disclosed and the note showing that Stevenson, the agent, is bound, the bank "elected in the contract itself to look to the agent, and the principal is not liable." Heffron v. Pollard, 73 Tex. 96, 11 S.W. 165, 166. The basis for the rule was there stated to be that if plaintiffs knew when the contract was made that it was made for the benefit of a disclosed principal, "the writing showed that they had elected to look to the agent for its performance, and parol evidence was not admissible to vary the writing to show that they did not so elect." The rule is "very different from the case of an undisclosed principal", the Supreme Court there said. See Farrier v. Hopkins, 131 Tex. 75, 112 S.W.2d 182; First State Bank of Riesel v. Dyer, 151 Tex. 650, 653, 254 S.W.2d 92, 95; Garcia v. Yzaguirre, Tex.Com. App., 213 S.W. 236, 240; Day Ranch Co. v. Hubert & Woodward, Tex.Civ.App., 32 S.W.2d 252, writ ref.
In our opinion appellants' contention is correct also that judgment against Vector and Miltex was erroneous because the evidence is undisputed that the trust asserted by the bank was an express trust relating solely to realty. It was not a resulting or constructive trust. Under Art. 7425b-7, Vernon's Ann.Civ.Stat., parol evidence was not admissible to establish such an express trust. See Sevine v. Heissner, 148 Tex. 345, 224 S.W.2d 184; Morrison v. Farmer, 147 Tex. 122, 213 S.W.2d 813.
*539 The bank says the judgment is sustainable on its theories of ratification and estoppel. There are equitable defenses. Since they are defensive in character, they do not create liability or a cause of action. Their function is "to preserve rights, not to bring into being a cause of action." Southland Life Ins. Co. v. Vela, 147 Tex. 478, 217 S.W.2d 660, 663; Cotton Belt State Bank v. Roy H. Hatcheries, Tex. Civ.App., 351 S.W.2d 325. They do not constitute a cause of action or basis for one. Sessions v. Whitcomb, Tex.Civ.App., 329 S.W.2d 470, writ ref. n. r. e.; Jones v. Texas Gulf Sulphur Co., Tex.Civ.App., 397 S.W.2d 304, writ ref. n. r. e., and authorities cited. We have considered the bank's other theories of recovery, and none of them, in our opinion, is tenable.
We do not reach appellants' other points.
Appellee Stevenson has filed a brief in which he presents two "cross-points" asserting error in denying him judgment against one Becker who is not a party (either appearing or served) to the suit.
An appellee's right to present cross-points, where he has not perfected a separate appeal, as is the case here, is limited to those which "affect the interest of appellant or bear upon matters presented by the appeal." He may not, as appellee, use cross-points to assume the position of appellant to complain of a portion of the judgment against him in favor of one who is not a party to the appeal. Bowman v. Puckett, Tex.Civ.App., 185 S.W.2d 228, 231, syl. 5, approved, 144 Tex. 125, 188 S.W.2d 571, 575; and see Jackson v. Ewton, Tex. Sup., 1967, 411 S.W.2d 715, 717; opinion of Subcommittee, vol. 4, Vernon's Ann. Rules of Civil Procedure, p. 642. We have no jurisdiction of the second and third cross-points. We overrule the first.
The judgment is reversed and here rendered that appellee Stevenson, individually and as trustee, and appellee bank take nothing as against Vector and Miltex. Costs are adjudged against appellees. The judgment in other respects is affirmed.
NOTES
[1] Gulf Liquid Fertilizer Co. v. Titus, 163 Tex. 260, 354 S.W.2d 378, relied on by appellee is a case involving the Statute of Frauds, Art. 3995, and not the parol evidence rule, or a negotiable instrument. It concerned a direct and independent promise to a creditor. The rule in Moore v. B. & M. Chevrolet Co., Tex. Civ.App., 72 S.W.2d 945, no writ, also urged by the bank, is restricted in the opinion to "instruments which are non-negotiable" or which are not required by common law to be under seal. McFarland v. Shaw, Tex.Com.App., 45 S.W. 2d 193 involved only liability of a signatory party. In Wood v. Key, Tex.Civ. App., 256 S.W. 314, no writ, liability was asserted "outside the note". The rule quoted by appellee was not sought to be applied to the note.
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At it again with Cool Treats!!
I must say I have been loving this stamp set. It is too cute! So last night I was watching Youtube and came across Meg Loven’s video (you can watch it below!!) on creating a cute little Flip Card using the Foxy Friends Stamp Set. So I decided to try my hand at this card but using the Cool Treats Stamp Set and Dies.
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All rights reserved for content included on my site The Craft Sergeant®. Original artwork and videos are shared for your personal inspiration and enjoyment only and may not be used for publication, submissions, or design contests. You may copy for your personal use but please do not claim my work as your own.
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875 P.2d 355 (1994)
In re the MENTAL HEALTH OF E.M., Respondent and Appellant.
No. 93-652.
Supreme Court of Montana.
Submitted on Briefs April 28, 1994.
Decided May 31, 1994.
Robert Allison, Kalispell, for appellant.
Joseph P. Mazurek, Atty Gen., Pamela P. Collins, Asst. Atty. Gen., Helena; Thomas J. Esch, County Atty., Valerie Wilson, Deputy County Atty., Kalispell for respondent.
TURNAGE Chief Justice.
E.M. appeals from an order of the District Court for the Eleventh Judicial District, Flathead County, committing her to a mental health facility for a period of up to ninety days. We affirm.
*356 The issue is whether a verbal statement of a threatening nature may constitute an overt act within the meaning of § 53-21-126(2), MCA.
On September 30, 1993, the Flathead County Attorney's office filed a petition for involuntary commitment of E.M. Attached to the petition was a report prepared and signed by two mental health professionals employed by the Northwest Montana Regional Community Mental Health Center.
According to the report, E.M. was a fifty-seven-year-old widow with no known relatives. Mental health professionals evaluated her after a friend of hers reported that E.M. had stated that she planned to buy a gun and then shoot a neighbor and herself. When the mental health professionals spoke with E.M. in her home, she again stated her plan to shoot her neighbor and herself. The report further stated that E.M. appeared to be suffering from a delusional disorder and to be capable of carrying out her plan. Although E.M. had no reported previous mental illness, the mental health professionals wrote that, when interviewed, she had a "paranoid delusion evidenced by ideas that neighbor is entering [her] apt. + disturbing objects + T.V. signals" and that E.M.'s insight and judgment were "grossly impaired."
The District Court held a hearing on the petition on October 5, 1993. E.M. was present and was represented by counsel and by a court-appointed friend of respondent. A mental health professional who signed the report was the sole witness.
Although E.M. does not challenge the finding that she suffers from a mental disorder, we set forth some of the evidence on that point to place the issue on appeal in context. The mental health professional diagnosed E.M. as suffering from paranoia, a delusional disorder, and possible underlying depression. She testified that E.M. told her the neighbor had been in her apartment and had cut little holes in her long johns. When the mental health professional suggested another reasonable explanation might be that the long johns were coming apart at the seams after laundering or that there was some defect in the garment, "[E.M.] got quite agitated with us. There was no other explanation ..." The mental health professional also testified that E.M. stated her neighbor had been entering her apartment and smearing feces on her toilet and interfering with her television and radio reception with electronic devices.
The court denied a motion by E.M.'s attorney to dismiss the petition. It found that E.M. was seriously mentally ill and in need of treatment. It ordered that she be committed to Glacier View Hospital at her own expense for a period not to exceed ninety days. The court further provided for a conditional release to Lamplighter House upon E.M.'s compliance with the medical and treatment program and no further acts or threats of violence.
May a verbal statement of a threatening nature constitute an overt act within the meaning of § 53-21-126(2), MCA?
Montana's procedures concerning petitions for involuntary detention of a person at a mental health facility are set forth at §§ 53-21-121 through-127, MCA. Section 53-21-126(2), MCA, provides:
The standard of proof in any hearing held pursuant to this section is proof beyond a reasonable doubt with respect to any physical facts or evidence and clear and convincing evidence as to all other matters, except that mental disorders shall be evidenced to a reasonable medical certainty. Imminent threat of self-inflicted injury or injury to others shall be evidenced by overt acts, sufficiently recent in time as to be material and relevant as to the respondent's present condition.
E.M. questions whether a verbal statement of a threatening nature is sufficient to constitute an "overt act" under the statute.
E.M.'s question has been addressed in cases previously decided by this Court. "A threat to kill is a verbal act that falls within the definition of an `overt act' as set forth in the statute." In re Goedert (1979), 180 Mont. 484, 487, 591 P.2d 222, 224. The Court later elaborated:
The threat to kill another is a verbal overt act. It manifests the commission of a dangerous act upon oneself or another. When there is proof beyond a reasonable doubt that there is a present indication of probable *357 physical injury likely to occur at any moment or in the immediate future, coupled with the finding within a reasonable medical certainty that the individual is suffering from a mental disorder, then involuntary civil commitment of that person is required.
In re F.B. (1980), 189 Mont. 229, 233, 615 P.2d 867, 869-70. We have further explained our rationale as follows:
Our citizens are entitled to protection from harm at the hands of those unfortunate persons who are victims of a mental disorder. Most certainly the legislature never intended that blood of innocent people must first be shed before the statutory definition of "overt act" has been satisfied.
In re J.B. (1985), 217 Mont. 504, 510, 705 P.2d 598, 602.
E.M. argues that her case is not comparable to the above-cited cases because, in those cases, the court relied upon other behavior in addition to a single verbal threat. She asserts that there has been no showing of violent behavior by her in the past or "of even the slightest scintilla of a physical act of any sort directed against another in furtherance of this threat or, for that matter, any prior incidents."
The record demonstrates that E.M. made repeated threats to end her neighbor's life and her own life and that she may have obtained a gun. The mental health professional testified as follows about an interview with E.M. after the petition was filed:
And then on the 30th I was present at that interview, and she clearly stated that she had made up her mind to get the gun and we could not talk her out of it. When I asked her if she had a gun already, she smiled and said, "I won't tell you that." She told me that she is a determined person. And when we offered other possibilities of settling these disputes with her neighbor, including having meetings with the two of them, bringing some of the complaints out to open discussion, she stated that, "I will do it my way." We again asked her "her way," and she said, "I will shoot him, you better believe it."
On cross-examination, the mental health professional testified that E.M. refused to answer a question as to whether she had already taken further steps to obtain a gun. The mental health professional also testified that she believed E.M.'s threats constituted a very clear danger to the neighbor and to E.M. herself.
We conclude that the District Court did not err in ruling that the State provided clear and convincing evidence of overt acts constituting an imminent threat of injury to herself and another on the part of E.M. We hold that the court did not err in ordering E.M. involuntarily committed to a mental health facility.
Affirmed.
JUSTICES GRAY, TRIEWEILER and NELSON concur.
JUSTICE HUNT dissenting.
I dissent. I recognize the difficulty these cases present and the dilemma often faced by law enforcement officers, prosecutors, and district judges, but the statute does provide that to prove imminent threat of injury requires some sort of overt act, recent enough in time to be relevant to the respondent's condition. Section 53-21-126(2), MCA. I agree with Justice Morrison's dissent in Matter of J.P., 217 Mont. 504, 511, 705 P.2d 598, 603 (Morrison, J., dissenting), where he said that "courts should be vigilant in protecting the rights of those sought to be committed. The discharge of judicial responsibility includes rigorous application of the statutory mandate." As in that case, the State here has failed to prove that E.M. took any actions to demonstrate a present danger to either herself or to others. She is a 57-year-old widow who has shown no inclination toward violence, and has only made verbal threats. If we allow verbal threats alone to be sufficient to lock somebody up for 90 days, whether or not at their own expense, we have gone a long way away from our judicial responsibility.
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New numbers released Friday show the federal government ran a deficit of $2.8 billion over the first four months of 2016-17 — dropping Ottawa's fiscal position $8 billion lower than it was over the same period a year ago.
By comparison, Ottawa had a $5.2-billion surplus during the same April-to-July stretch last year, according to the Finance Department's monthly fiscal monitor.
This year in July alone, the report said the government books showed a deficit of $1.8 billion — down from a $200-million surplus a year earlier. The July data included a $1.4-billion increase in program expenses, an $800-million decline in revenues and a $200-million decrease in public-debt charges.
Between April and July, the numbers show federal revenues were $2.3 billion lower compared with last year, while program expenses were $6.5 billion higher. The government's debt-servicing costs were $800 million lower over the time period, mostly because of the impacts of weaker inflation on bonds and a lower average interest rate.
Earlier this week, the federal budget watchdog said government spending under the Liberal government over the first three months of the fiscal year reached its highest mark in at least six years.
Higher program spending
On Friday, the fiscal monitor said the bulk of the added spending between April and July was due to a $3.9-billion increase in direct program expenses compared with a year ago — a spike of 11.9 per cent.
A closer look at the increase showed that transfer payments were up $2 billion, or 21 per cent. Finance said the bigger number was a reflection of year-over-year differences in the timing of the payments and an increase in disaster assistance.
The "other revenues" category saw a decrease of $1.8 billion between April and July compared to the same stretch the year before, mostly due to the $2.1-billion, one-time gain realized last year from the sale of Ottawa's remaining shares of General Motors.
Last year's Liberal election campaign platform promised annual deficits of no more than $10 billion over the next couple of years to allow the government to invest billions in infrastructure projects as a way to inject some life in the economy.
But the Liberals later blamed a worsening economy for a revised projection in the March budget of five straight annual deficits totalling more than $110 billion, beginning with a shortfall of $29.4 billion in 2016-17.
On Thursday, Finance Minister Bill Morneau said the government's fall economic and fiscal update will show how Liberal investments have started to have an economic impact.
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Q:
TinyIoC register instance of unknown type
I'm trying to allow users of my library, which is internally wired up via tinyioc, to pass in their own implementation of an interface defined within my library which will then be resolved to whenever an instance is needed.
For example, the user can do this:
public class Logger : Things.ILogger
{
// Implement members
public void Log(string s)
{
...
}
}
var thing = new Things.ThingBuilder().WithLogger(new Logger()).Build();
Within my library I want to wire up the logger which is passed in. Something like:
namespace Things
{
public class ThingBuilder()
{
private ILogger logger;
public ThingBuilder WithLogger(ILogger logger)
{
this.logger = logger;
return this;
}
public Thing Build()
{
TinyIocContainer container = new TinyIocContainer();
container.Register(ILogger, logger); // I want this to be used
// wherever an ILogger is needed
...
}
}
}
However, I can't find a way TinyIoc will let me do this. Is this supported? I know that TinyIoc supports registering instances of types it knows about, but not if the type is unknown.
A:
I worked around this in the end by manually passing the user-supplied instance of ILogger to wherever it was required in the library codebase. This is satisfactory as I think on reflection my initial expectations were unrealistic.
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Introduction
============
Within sexual selection, mate choice is especially important. Selecting a mating partner might be the most critical decision any individual makes. Mate choice is thought to drive the evolution of ornamental traits, including courtship, and can induce competition for mates in the opposite sex. Based on work by [@zoy028-B42], [@zoy028-B43]), [@zoy028-B18], [@zoy028-B179], and [@zoy028-B97], it is generally agreed that the sex that invests more into the offspring evolves to be the more selective one. In the majority of species this is the female, which invests strongly into eggs, as compared with a very small investment of males into sperms. This ecological differential in investment sets the stage for sexual selection and the 2 mechanisms proposed by Darwin: typically females choose partners and males compete over reproductive opportunities. In species with post-copulatory paternal investment into offspring, males can compensate for the lack of early investment, sometimes leading to a reversal in roles and the evolution of male mate choice and female competition for males. This is well understood in some of the few species that show this pattern, like pipefish ([@zoy028-B182]) and Jacanas ([@zoy028-B172]). In the vast majority of species, however, the pattern is much more subtle, and one question arising from male compensatory investment is whether this can lead to the evolution of choosiness in males ([@zoy028-B47]). In addition to male investment, environmental stochasticity may flip the balance between limiting and limited sex, for example, when males become exceedingly rare locally ([@zoy028-B81]), thus potentially increasing their choosiness. More importantly, can choosiness evolve in species where there is no compensatory investment? Essentially, we have to ask what the adaptive benefits, the mechanisms, and the evolutionary consequences of male mate choice might be for such males. We need to explore if male mate choice could induce the evolution of female ornaments, and also lead to female competition over males ([Figure 1](#zoy028-F1){ref-type="fig"}).
{#zoy028-F1}
To investigate this, I am reviewing our knowledge of a group of fishes that are on one extreme of the continuum of male investment. Males of livebearing fishes of the family Poeciliidae show no paternal investment into offspring after copulation. They only invest into ejaculates, pre-copulatory behavior, including courtship, as well as sexually selected ornaments. Although clearly unlikely to evolve due to male investment, empirically, male preferences have been documented in several species within this family. However, even males that invest very little can be selected to respond to differences in female quality ([@zoy028-B47]) and most authors assume that male preferences in this group evolved due to significant differences in female fecundity. Alternatively, this may simply be the easiest hypothesis to test, with other ideas still awaiting attention. Also, males should be able to distinguish between females of different quality, but preferences can also be based on sensory or cognitive bias ([@zoy028-B146]). Furthermore, choosiness is typically expressed with the cost of foregoing some mating opportunities.
Fecundity is tightly linked to size in most fishes ([@zoy028-B78]). In livebearing fishes, male growth rates slow down once they reach maturity ([@zoy028-B170]; [@zoy028-B115]). Females, however, continue to grow throughout their lives. Because larger females typically can carry more eggs, males that prefer larger females should have increased fitness. To my knowledge this direct link has not been experimentally demonstrated, although many studies have found male preferences for larger females. However, in Poeciliids a few factors complicate the picture. First, females store sperm and can use stored sperm for several months to fertilize eggs ([@zoy028-B69]). It is not clear that males can directly assess how many eggs a female carries (although in a related family, Goodeidae, a male preference for females with wider bellies was reported \[[@zoy028-B111]\], and in 2 Livebearers, females are known to prefer well-fed males with an extended belly \[[@zoy028-B53], [@zoy028-B126]\]) or how many may be available for fertilization. Second, in most species, females cannot conceal pregnancies due to a significant change in body shape. Hence, body shape is probably not an ornament, and it is not clear if females evolved to honestly advertise fecundity. Third, females go through a sexual cycle of roughly 30 days and appear to be fully capable of receiving sperm from males only during a few days during the cycle, or right after parturition ([@zoy028-B123]). This means that the operational sex ratio is almost always male biased, with many more males available to inseminate females than females being receptive for males. Fourth, the relationship between female body size and fecundity is not uniform across all species. In other words, the slope of the regression line describing the relationship between fecundity and size is not the same for all species. How this might influence the evolution and potentially the strength of male preference is not well understood ([@zoy028-B8]). In addition, this relationship of fecundity and size can be confounded by superfetation ([@zoy028-B133]), which evolved several times independently within the family. Superfetation means that females carry broods of different stages at any given time. This provides a fertile ground for asking how males actually judge female fecundity based on female size. Finally, very large females may not be of high value to males because they may be senescing, and not reproducing anymore. Senescence in fishes in general ([@zoy028-B138]), and livebearing fishes in particular, is well documented ([@zoy028-B137]), but any effect this may have on male choice is unknown.
Nonetheless, almost all studies that looked at male preferences for size did find a preference for larger females ([@zoy028-B46]), with a notable exception in the Least Killifish, *Heterandria formosa* ([@zoy028-B3]). This study seems to be the only one that found a preference for smaller males in a binary choice test, and a lack of preference in an open field test. The authors suggest that the absence of a preference may be driven by the strong first male precedence found in sperm competition. It is also possible, however, that publication bias exists and that studies reporting no preference are less likely to be published (e.g., Scherer U., Tiedemann R., Schlupp I., submitted for publication). A majority of studies did document a clear preference for larger females in multiple taxa ([@zoy028-B79]; [@zoy028-B71]; [@zoy028-B8]; [@zoy028-B77]). Fundamentally, this predominance of male preference for larger females is matched with similar preferences in females, in other taxa ([@zoy028-B153]) beyond livebearing fishes. As we discuss the potential evolution of male mate choice in response to differences in female quality (e.g., as differential fecundity) or via other pathways ([@zoy028-B47]), a very commonly invoked explanation is that male preferences are expressed via pleiotropy and may simply be due to the existence of evolved female preferences. They would not have evolved independently and might not even be adaptive. Interestingly, males and females can show preferences---seemingly for the same trait---body size, but likely for very different reasons. Male preferences seem to be related to a direct benefit, via increased fecundity (although a *direct* link to fitness remains to be shown \[[@zoy028-B45], [@zoy028-B46]\]), whereas female preferences for large males are thought to be due to indirect genetic benefits ([@zoy028-B136]).
Relevant Theoretical Treatment of Male Mate Choice
==================================================
As male mate choice has moved more into the mainstream of sexual selection research ([@zoy028-B33]; [@zoy028-B47]), additional theoretical analysis of male mate choice has been published (for a recent review, see Fitzpatrick and Servedio, this volume; [@zoy028-B252]; [@zoy028-B168]; [@zoy028-B55]). In a somewhat simplified view, male mate choice can evolve when mate availability is larger than the capacity to mate with, due to which there is recognizable variation in female quality and the benefit of choice is larger than the cost ([@zoy028-B47]). A classical view in population ecology was that males did not matter much, but this has been corrected ([@zoy028-B135]). It needs to be acknowledged, again, that male mate choice (just like female ornaments; see Section on Female ornaments), might not be adaptive, but may be expressed due to pleiotropy. Recently, relative searching time (RST), the proportion of lifetime invested into mate search has been suggested as an important factor shaping the evolution of choosiness ([@zoy028-B49]; [@zoy028-B35]). This approach emphasizes the role of direct benefits in the evolution of mate choice. For example, one study ([@zoy028-B77]) argues that males should be choosier when encountering females simultaneously, as compared with sequential encounters, because there is no opportunity cost. Empirically, preferences were indeed---as predicted---stronger during simultaneous encounters, but the number of sperms transferred and insemination success were unaffected. Theory also predicts that male mate choice will not easily evolve under sequential mate choice conditions ([@zoy028-B17]). These authors rightly call for rigorous tests of male mate choice, going beyond just describing the existence of male preferences.
Overall, one could argue that there is still a mismatch between theoretical predictions and empirical evidence, as models often argue that male mate choice will evolve only under a limited set of conditions ([@zoy028-B17]), yet, empirically, an increasing number of studies in a variety of taxa other than fishes (e.g., insects \[[@zoy028-B25]\] or amphibians \[[@zoy028-B93]) do report the widespread presence of male mate choice.
Natural History of Livebearing Fishes
=====================================
Species in the family Poeciliidae are ideally suited to test the fecundity hypothesis of male mate choice as outlined above. As there are likely no or few benefits to male mate choice other than increased fecundity, this seems to be the default explanation for the existence of male mate choice. Poeciliids are generally small, freshwater fishes that tend to be ecological generalists. The family is widespread from the United States of America to South America, with a center of diversity in Mexico. Roughly 200 species in 29 genera are currently recognized ([@zoy028-B85], [@zoy028-B112]). Members of the family are widely used in biological research, including ecology, evolution, and animal behavior, but also genetics, genomics, and cancer research ([@zoy028-B50]). The group is characterized by internal fertilization and ovoviviparity, where females give live birth to a relatively small number of offspring that have developed in the female. Males have a modified anal fin, called the gonopodium, which is used to transfer sperm ([@zoy028-B69]) and plays a role in evolution and speciation ([@zoy028-B96], [@zoy028-B95]). Other important traits, however, like superfetation or courtship, have evolved several times within the family ([@zoy028-B121]; [@zoy028-B113]). Females show lifelong growth, while male growth slows down significantly after they mature ([@zoy028-B170]). Consequently, females are often larger than males ([@zoy028-B23]). It is not entirely clear what the evolutionary benefit of this is, but females might grow too big for some of their gape-limited predators. Generally, the mating system is characterized by promiscuity, with males either trying to court females or force copulations. Courtship evolved multiple times independently within the family, and genera can be polymorphic for this trait ([@zoy028-B127]). Even within some species, such as sailfin mollies ([@zoy028-B177]), males can be polymorphic and some size classes will show courtship whereas others may not ([@zoy028-B142]). Courtship displays usually involve males presenting themselves in front of a female, or showing elaborate motion patterns either in front or sideways of the female ([@zoy028-B142]). Coloration and courtship has been implicated in increased mortality rates for males ([@zoy028-B61], [@zoy028-B67]), but males from non-courting species can also experience high sex-specific mortality ([@zoy028-B173]), so that not only courtship can be blamed for this pattern. Females, especially because they are larger and more profitable prey, may also be at higher risk by size-selective predators ([@zoy028-B178]). Generally, it should be taken into account that most of our knowledge of mating behavior in Poeciliids stems from relatively few, well-studied species, such as the guppy *Poecilia reticulata*, some swordtails *Xiphophorus* sp., and several mollies *Poecilia* sp., while other genera and species are far less well studied.
In the sailfin molly *Poecilia latipinna*, for example, males of intermediate size can show courtship behavior when accompanied by small males and sneaky copulation attempts when accompanied by large males ([@zoy028-B177]). These sneaky copulation attempts and the associated sexual harassment ([@zoy028-B101], [@zoy028-B102]; [@zoy028-B34]) are very common and can be the only male mating behavior in some species ([@zoy028-B127]). They are best understood as male strategies to circumvent female choice in the context of sexual conflict. Males in some species can switch from courtship to sneaking dynamically; in other species, the trait is genetically fixed. Often larger males show courtship (and other ornamentation), whereas smaller males rely on sneaky copulation attempts, and consequently being around larger males is less costly for females ([@zoy028-B160]; [@zoy028-B104]). Probably the best understood example is a swordtail, *Xiphophorus nigrensis*, where a balanced polymorphism for 2 male morphs has been documented ([@zoy028-B154]).
Also, in many species males can be very colorful. Many colors are in the red and orange, but black spots are known from many species. The red and orange ornaments are produced by carotenoids or pteridines in chromatophores ([@zoy028-B68]). Black spots are generated by melanocytes, and are thought of as enhancers ([@zoy028-B27]). Interestingly, there is a widespread parasitic disease, named Black Spot Disease that also results in black spots ([@zoy028-B175], [@zoy028-B176]). Occasionally, white ornaments are observed, for example, in *Poecilia gillii*. Finally, males and females can have structural colors, often as iridescent blues. In many species, males have exaggerated dorsal fins, which are often displayed to females during courtship ([@zoy028-B99]). In one group, swordtails of the genus *Xiphopohorus*, males of some species have evolved extended rays of the tail fin ([@zoy028-B147]), in at least one species *Xiphophorus montezumae*, exceeding the length of the body of the male. These appendages are thought to mimic large male body size ([@zoy028-B146]). Color and black spots are found in females of many species (see Section on Female ornaments for a discussion), but no exaggerated fins ([@zoy028-B98]). It might be worthwhile to point out here that color and spotting patterns may arise also under natural selection, not just by sexual selection.
Definitions
===========
Before I begin to review male mate choice in livebearing fishes, I want to provide an operational definition of "mate choice." I am using the definition recently suggested by [@zoy028-B146]: "Mate choice can be defined as any aspect of an animal's phenotype that leads to it being more likely to engage in sexual activity with certain individuals than with others." Note that this definition parts elegantly from the problematic traditional usage of sex roles ([@zoy028-B2]). Consequently, [@zoy028-B146] replaces female and male with the terms chooser and courter, which can be of any sex. I fully agree with this definition, but for the purpose of this review I retain the usage of male and female as a heuristic tool, to reflect the existing difference in the ecology of early investment into gametes, without acknowledging specific sex roles. I think that we eventually have to realize that mate choice is best understood as a continuum with the traditional sex roles of male and female confined to the extreme ends. I suggest that in reality in most mating systems, females and males both have preferences, exercise choice, and resolve the underlying sexual conflict in some form of mutual mate choice.
Another term that needs to be defined is "preference." Again, I use a definition by [@zoy028-B146]: "a chooser's internal representation of courter traits that predisposes it to mate with some phenotypes over others." The difference between choice and preference is that we can assess choice by measuring actual sexual behaviors, while preferences can also be measured indirectly, for example, using association times ([@zoy028-B183]). One thing that can dictate how we measure preference or choice is the obviously interactive nature of actual mating, which involves behaviors from both individuals. Ironically, this sometimes requires that we separate individuals in a choice test, because we are interested in their "pure" preferences, not the outcome of an interaction between 2 partners.
Finally, an ornament is a trait that is likely to have arisen via sexual or social selection, and plays a role in mate choice by making the bearer attractive to choosers, often at a cost to survival. Ornaments are often sexually dimorphic, but they do not have to be. They do not have to have a function outside of social interactions.
Historical Studies on Interspecific Male Choice
===============================================
In the 1960s and 1970s, the seminal papers by [@zoy028-B72], [@zoy028-B73]), triggered a Kuhnian paradigm shift ([@zoy028-B94]), which led to recognizing the gene as unit of selection in biology providing a new framework for biology, including mate choice. However, there was already considerable interest in male mate choice, including in livebearing fishes prior to this paradigm shift. Consequently, very early, livebearing fishes emerged as important model organisms in the study of mate choice. This early work was focused on questions of species recognition and isolating mechanisms; historically, female choice had not yet been recognized as very important ([@zoy028-B114]). Very importantly, with more female scientists conducting and publishing research on Sexual Selection beginning in the 1990s, more studies on female choice appeared ([@zoy028-B188]). In a broader context, this provides a cautionary tale of how societal conditions influence and often hinder scientific work. Early on, [@zoy028-B75], [@zoy028-B76]) published their studies of male mate choice in guppies and some close relatives and reported evidence for male preferences for conspecific females and also provided a first comment on the role of size in male mate choice: "It is well known that males of *Lebistes*, when exposed to several females of their own species, tend to pay most attention to the largest individuals ..." \[note: *Lebistes reticulatus* was the recognized name for the guppy at the time\] ([@zoy028-B75]). Another early account of male mate choice in the context of species recognition was offered by [@zoy028-B86]. In this article, the authors describe a conspecific preference in 4 species of *Gambusia*. They conclude that most species indeed show the predicted species preference, but that *G. affinis* does not. They note that this may explain why *G. affinis* is involved in many interspecific hybridization events. A recent study revisits this topic and found strong male preferences for conspecifics ([@zoy028-B48]) in sympatric *G. affinis* and *G. geiseri*.
Male Choice within Populations
==============================
Generally based on the notion that larger females would provide a direct fecundity benefit to males, later studies started investigating male choice. Virtually all studies used binary choice tests. In such a test, a male is simultaneously exposed to (typically) 2 females that differ in the trait under investigation and can reveal his preference by approaching the females. The measured variable is typically association time, which is generally a good proxy for preference ([@zoy028-B24]; [@zoy028-B19]; [@zoy028-B92]; [@zoy028-B185]), especially in male mate choice ([@zoy028-B88]). Very few published studies have used preference functions ([@zoy028-B183]), in which 2 or more females are presented singly in random order ([@zoy028-B8], [@zoy028-B251]).
One of the few studies directly comparing male and female choice was conducted by [@zoy028-B134] looking at mate preferences in sailfin mollies *P. latipinna*. The study also stands out because it used multiple populations, investigating population variation in the traits under consideration. This seems especially relevant in species that have a wide range. This is the case in the sailfin molly, which occurs from Wilmington, NC southward to roughly Tuxpan in Mexico ([@zoy028-B162]). The study by [@zoy028-B134] reported that both males and females generally prefer larger partners and that, larger males showed stronger preferences for female size.
Male mate choice is particularly well researched in guppies, often combined with studying the role of social influences on mate choice ([@zoy028-B12]; [@zoy028-B13], [@zoy028-B14], [@zoy028-B15]; [@zoy028-B90], [@zoy028-B89]) (see also Section on Male mate choice and social information). In general, male preferences for larger females have been found many times ([@zoy028-B46]; [@zoy028-B79]), often, but not always, using just visual information. In a study by [@zoy028-B79], visual information was not sufficient for males to show a preference, but males did show a preference when allowed to access other information as well. Another study using guppies documented that results from open field tests and binary choice tests are correlated and yield comparable results ([@zoy028-B88]). Mosquitofish, *G. holbrooki*, were also found to have a preference for larger females ([@zoy028-B84]).
Females can differ in quality in many different ways, and virgin females might be of very high value, especially in systems with first male sperm precedence. In this case, mating with a virgin female might secure a large number of offspring for the male that inseminates a female first. In guppies, males do not distinguish visually between virgin and mated females, but in an open field test, where males and females could fully interact, males directed more sexual behaviors toward virgin females. However, they showed more coercive, sneaky copulations toward previously mated females ([@zoy028-B70]). Males also invested more effort into mating with females that were in the receptive phase of their sexual cycle ([@zoy028-B71]). Finally, males of *Brachyrhaphis episcopi*, a species from Panama, preferred familiar females, but this preference was modulated by predation risk ([@zoy028-B169]). Another trait that may be used in male choice is a brood spot (or gravid spot) that is found in many livebearing fishes. A recent study found that size and intensity of the gravid spot are correlated with clutch size ([@zoy028-B118]), which may potentially be used by males in mate choice.
Cave mollies are a special population of the Atlantic molly, which has colonized a hydrogensulfide (H~2~S) rich, toxic cave in Tabasco, Mexico ([@zoy028-B174]). This population is widely used to study effects of both toxicity and darkness on mollies, often addressing ecological speciation ([@zoy028-B140]). Cave mollies are capable of mate choice both in darkness and in light. One study found that males of both the surface and cave form have a preference for larger females, but only cave mollies show the preference in darkness ([@zoy028-B130]). Males of the surface form, but not males of the cave form can deceive other males relative to their mate choice ([@zoy028-B128]; see also Section on Male mate choice and social information).
Mechanisms of Male Mate Choice
==============================
Documenting male mate choice would be incomplete without looking at the mechanisms (see Section on Male mate choice and social information) that are used in male mate choice. Turbidity, for example, was found to slow down decision-making in sailfin mollies *P. latipinna* ([@zoy028-B82]). A separate study found that male choice is also affected by seasonality ([@zoy028-B83]). A study using *G. affinis* documented that males rejected females that were parasitized with nematodes, presumably because the infection reduces fecundity ([@zoy028-B44]; [@zoy028-B39]). Furthermore, in the Atlantic molly, personality affects male mate choice and bolder males respond more strongly to the presence of an audience ([@zoy028-B22]). Interestingly, in *G. holbrooki*, dominant females were preferred by males, whereas size had no significant effect ([@zoy028-B32]). This is an important finding, because it shows that other factors---not only size---likely play an important role in male mate choice. [@zoy028-B98] explored a potential female ornament in *X. variatus*, a species of swordtail without a sword. They found that males preferred larger body size in females, but not larger fins. Larger fins in males are often preferred by females and could serve as an indicator trait for females ([@zoy028-B109]). Apparently this is not the case for males. Finally, a general concern with mate choice studies is how reliable the data collected are. This has been addressed in a few studies investigating how repeatable male mate choice is, finding very low repeatability ([@zoy028-B58]). By contrast, a study on guppies ([@zoy028-B66]) reported that male mate choice is fairly consistent, and a study on the swordtail *X. nigrensis* also found relatively good repeatability ([@zoy028-B36]). Clearly more studies on this topic are needed. Low repeatability between individuals may reflect many different things, including problematic experimental design. But it may also reflect true changes in a chooser's preferences, especially when responding to conditional traits.
Very little is known about the many other factors that are recognized in female choice, including preferences for Major Histocompatibility Complex (MHC) compatibility and inbreeding avoidance. It is well known that learning plays a role in mate choice ([@zoy028-B181]) (see Section on Male mate choice and social information for discussion of social influences), and that there are sex differences in learning. In guppies, for example, females are twice as efficient in reversal learning ([@zoy028-B124]), possibly indicating that females have a generally higher cognitive flexibility.
Cost to Males and Cryptic Male Choice
=====================================
Females make strong investments into their eggs. By comparison, sperm and mating are less costly. It is important to realize, however, that sperm is not free. There is growing evidence that males can be sperm depleted and that the costs of mating (viewed inclusively, and counting, e.g. cost for sperm, ejaculates, courtship behavior, predation risk, and lost opportunities) can be high for some males as compared with other males ([@zoy028-B7], [@zoy028-B74]). Consequently, males may evolve mechanisms to exercise cryptic mate choice and allocate ejaculates and sperm strategically ([@zoy028-B108]; [@zoy028-B163]; [@zoy028-B141]; [@zoy028-B143], [@zoy028-B145]), and also prime sperm relative to species identity ([@zoy028-B11]) and female size ([@zoy028-B10]). Sperm priming is a mechanism that makes sperm ready to be ejaculated. Furthermore, there is growing evidence---at least in guppies---that males differ in sperm and ejaculate characteristics based on age ([@zoy028-B63]), and that they can adjust to changes in the social environment very quickly ([@zoy028-B26]; [@zoy028-B16]; [@zoy028-B30]). Females appear to respond to these changes by modulating the environment for sperm in their ovaries ([@zoy028-B64]; [@zoy028-B62]). These interactions seem to reflect an ongoing sexual conflict ([@zoy028-B122]).
Clearly, mating in livebearing fishes is often characterized by intense sexual conflict ([@zoy028-B31], [@zoy028-B155]) in which male or female preferences may be undermined or thwarted by the behavior of their mate. Forced copulations ([@zoy028-B100]) and sexual harassment ([@zoy028-B127]; [@zoy028-B80]) are common throughout the family and probably lead to significant differences between measurable mate preferences and actual reproductive outcomes ([@zoy028-B146]).
Male Choice for Correct Female Species: The Amazon Molly as an Example
======================================================================
The ecology of male investment relative to the mating value of the female can drive the evolution of male mate choice. In pipefish, male investment is very high and they have evolved to be selective. In other cases, the mating value of certain females may be so low that males evolve to reject them. The latter is the case in males facing a choice between heterospecific Amazon mollies *P. formosa* and their conspecific females. Amazon mollies are an all-female, clonal species of fish of hybrid origin ([@zoy028-B87], [@zoy028-B164]). The maternal ancestor is the Atlantic molly *P. mexicana* and the paternal ancestor is the sailfin molly *P. latipinna*. The single, original hybridization apparently took place about 100,000 generations ago in an area near present-day Tampico ([@zoy028-B171]; [@zoy028-B184]), but see [@zoy028-B4]. Amazon mollies reproduce by gynogenesis, where sperm simply serves as stimulus for embryonic development, but is typically not incorporated into the offspring ([@zoy028-B158]). Based on this, the sperm-providing males are generally predicted to prefer conspecifics to heterospecifics. The Amazon molly uses at least 3 species as sperm donors: its 2 parental species, *P. latipinna* and *P. mexicana*, and *P. latipunctata* (Tamesi molly), an endemic species found near Ciudad Mante. Sailfin and Atlantic mollies not only show populations that occur in sympatry with Amazon mollies, but also populations that occur in allopatry. This creates an opportunity for work comparing characters, including male mate choice between allopatric and sympatric populations ([@zoy028-B59], [@zoy028-B60]).
More importantly, this situation can be used to make very clear predictions relative to male mate choice. For males the fitness return for mating with Amazon mollies is very low. Even if the cost of mating is low or moderate, males should evolve to prefer conspecific females, or lower their cost by investing less into heterospecific copulations. Via mate copying, a process of using social information in mate choice ([@zoy028-B186]; [@zoy028-B180]), males gain an indirect fitness benefit offsetting some of the cost of heterospecific matings: the interactions of a sexual male and an Amazon molly are observed by conspecific females and make that male more attractive to conspecific females. Interestingly, males have also been shown to copy the mate choice of other males ([@zoy028-B165]; [@zoy028-B21]).
Male mate choice in this complex has been intensively studied (reviewed [@zoy028-B159]; [@zoy028-B164]). Often the "wrong" mating decisions are viewed as mistakes, and several studies looked into potential mechanisms for the mistakes. Interestingly, theory does not predict the evolution of perfect male choice ([@zoy028-B81]), and it seems that evolving very strong preferences is costly to the sexual males. Nonetheless, an older study, for example, found that male Atlantic mollies show species recognition when choosing between visually presented conspecific and Amazon molly females, but that females undermine this probably with chemical signals when they are post-partum ([@zoy028-B161]). In this case, females seem to win the underlying evolutionary arm-race. Chemical information alone, however, is insufficient for species recognition ([@zoy028-B9]). A study of sailfin mollies ([@zoy028-B116]), documented the existence of distinct male behavioral phenotypes or personalities, but found no strong correlation with male preferences. A unique feature of this mating system highlights the complexity of mating interactions: Amazon mollies are known to actively intervene in conspecific mating attempts ([@zoy028-B161]; [@zoy028-B57]). They sometimes approach mating pairs of sailfin mollies and maneuver themselves into the position of the sexual female, thereby redirecting the mating to them.
Most importantly, in this system, male mate choice has been hypothesized to drive the system and play an important role in the apparent ecological stability of the coexistence of Amazon mollies and its hosts ([@zoy028-B159]), essentially via frequency-dependent male mate choice. This coexistence is an ecological puzzle because the Amazon mollies should quickly outcompete their sexual host. The role of male mate choice in the stability has been explored in a series of papers presenting evidence that both in the laboratory and in the field, female Amazon mollies receive fewer sperm from males of one of their hosts, the sailfin molly ([@zoy028-B11], [@zoy028-B163]; [@zoy028-B141], [@zoy028-B139]; [@zoy028-B143]. Furthermore, male mate choice changes over the season, potentially in response to changing frequencies of Amazon mollies in nature ([@zoy028-B83]).
Male Mate Choice and Social Information
=======================================
Mating is by nature an interactive process. Mating decisions are increasingly viewed as interactions that take in a public realm, and often other individuals observe these interactions ([@zoy028-B41]). Male mosquitofish *G. holbrooki*, for example, are attracted to all-female groups ([@zoy028-B1]) and the authors conclude that males are capable of recognizing important properties of the presented groups.
The general question of how an audience (known to the focal individual) or eavesdropping (audience unknown to the focal individual) might alter sexual preferences is a relatively young line of inquiry. It should be noted that for social species, a situation where mating happens in public is more likely to be the default, not a more private situation, which is often assumed in laboratory choice tests. In addition to studying effects on female choice, there is also a strong emerging literature on social influences on male mate choice. This includes mate copying (see above for examples using the Amazon molly system) in guppies ([@zoy028-B12]), but also general audience effects ([@zoy028-B91]; [@zoy028-B125]; [@zoy028-B13]). Responses by males to another male as an audience are surprisingly fine-tuned. For example, several studies documented that the response of a focal male guppy is influenced by the size of the audience male, potentially minimizing sperm-competition risk ([@zoy028-B89]; [@zoy028-B117]; [@zoy028-B15]). One mechanism for mediating this might be to manipulate their chances of obtaining copulations by selectively associating with less attractive individuals and also reduce sperm competition this way. This is indeed what a study on guppies found: males preferred females that were surrounded by drab males, presumably because those pose a lesser threat in sperm competition ([@zoy028-B65]).
In guppies, male mate choice can also be modified based on the perceived difference between self and the value of an opponent ([@zoy028-B187]): dull males abandoned approaches to females in the presence of bright males. This shows the importance of including information about the tested subjects into our interpretation of male mate choice. In this context, more studies on the role of learning in male mate choice would be very useful.
Finally, deceptive behavior is relatively rare. Therefore, one of the more striking recent findings is that males of the Atlantic molly seem to be able to deceive other males by interacting with females they initially did not prefer in the presence of other males. This was documented in the surface form of the Atlantic mollies ([@zoy028-B129]), but not in the Cave molly ([@zoy028-B128]) or in guppies ([@zoy028-B103]). A theoretical model of this process ([@zoy028-B29]) indicated that this kind of deceptive behavior is not very likely to evolve.
Female Competition
==================
Another important question in this context is if males are choosy, do females start competing over males? Female competition is probably widespread, but documentation of direct female competition over males is relatively rare ([@zoy028-B149]; [@zoy028-B28]). Most female competition seems to be relative to resources other than males ([@zoy028-B156]a, [@zoy028-B157]), but at least 2 studies ([@zoy028-B161]; [@zoy028-B57]), found that Amazon molly females will actively compete for males. Furthermore, female sailfin mollies appear to be suppressing the feeding efficiency of Amazon mollies ([@zoy028-B5]). A field study in Atlantic mollies ([@zoy028-B80]), pointed toward intensive between species competition over males and other resources. This view is supported by recent experimental work on female aggression and competition ([@zoy028-B104], [@zoy028-B105], [@zoy028-B106]). This research can be a template for more work on within species competition, as we seem to know relatively little about within species female competition. Theoretically, females might compete over males if they show signs of sperm depletion.
Female Ornaments
================
In parallel to the effects of female choice on males, does male choice have the potential to drive the evolution of female ornaments? Logically, if males are choosy this could induce sexual selection on females and lead to female ornamentation. It should be noted, however, that traits that are detrimental to female fitness are not likely to evolve under male mate choice ([@zoy028-B252]). Male ornaments are typically under selection by females, which have preferences for elaborate, and often costly, ornaments ([@zoy028-B6]). Whether preferring ornamented males confers a fitness advantage to females is not always clear, especially when indirect benefits are invoked. One also has to keep in mind that not all dimorphic traits are automatically ornamental and under sexual selection. To complicate things further, we are very likely to miss important traits because they are difficult for humans to assess. Recent work has highlighted the role of visual ornaments that are in the UV wavelengths that we can measure, but not see, in mate choice and predation avoidance ([@zoy028-B38], [@zoy028-B37]). Beyond that there are aspects of chemical communication, or lateral line communication that we cannot fathom. Even acoustical communication, although very unlikely ([@zoy028-B167]; [@zoy028-B166]), should not be completely ruled out. One example would be the role of chemical information in species recognition and female mate preference ([@zoy028-B110]; [@zoy028-B54]; [@zoy028-B131]; [@zoy028-B148]; [@zoy028-B151]).
Based on this, it is not clear if female Poeciliids have ornaments. Restricting my argument to coloration, clearly females in many species have color, but I am not aware of any coloration that would be easily interpreted as a female ornament. In all cases the males seem to have similar coloration, which means the trait is either not an ornament and has evolved under natural selection (e.g., black spots might contribute to crypsis) or could be expressed due to pleiotropy as a result of a genetic correlation with males. One example would be the black spots and orange coloration in the Cuban Limia, *Limia vittata*. Both sexes seem to have equal amounts of black spotting, but orange is less common in females than in males. The black spots could make the fishes cryptic in their environment by dissolving the body outline, and the expression of orange could be some form of evolutionary byproduct, due to pleiotropie, or beneficial to females due to the general advantages often ascribed to carotenoids, such as anti-parasite properties ([@zoy028-B119]; [@zoy028-B107]). In the black-finned goodeid, *Girardinichthys viviparus*, a preference for orange hue in females was described ([@zoy028-B111]), but interestingly, female coloration was not associated with fecundity and negatively associated with offspring survival. Furthermore, in Salmon, male preferences for red have been documented ([@zoy028-B56]) and extensive studies in birds on the species level have recently shown that the degree of ornamentation in females is often correlated to the ornamentation found in males, but that sexual selection and also life-history characteristics can influence the degree of dimorphism ([@zoy028-B150]; [@zoy028-B40]). In livebearing fishes, a similar analysis would be very useful.
For the green swordtail *X. hellerii*, a very interesting potential female signal has been suggested. Females of that species (and others) are known to perform "headstands" and males prefer this behavior to females showing regular swimming ([@zoy028-B51]). Without further investigation, it is difficult to say if this behavior is any kind of advertisement, but the possibility is intriguing. In other groups of fishes, female ornaments have been suggested, such as female eye color, which can indicate readiness to spawn ([@zoy028-B120]) in sand gobies.
Same-sex Behavior
=================
Many species show same-sex behavior, but almost nothing is known about this in livebearing fishes. Yet, clearly if we discuss mate choice in general, and male mate choice in particular, potential preferences for members of the same sex needs to be considered ([@zoy028-B132]). In one study ([@zoy028-B52]), using guppies, the authors found that males can show same-sex behavior after long times of isolation from females. Interestingly, male sexual behaviors toward males persisted even after exposure to females. Another study, conducted on Atlantic mollies, suggests that same-sex behavior is beneficial to males as it makes them more attractive to females via the use of social information ([@zoy028-B20]). It is apparent from the lack of studies that much more work is needed on this topic.
Conclusion
==========
Intuitively, the evolution of male mate choice in livebearing fishes seems an unlikely proposition: males make no investment into their offspring after copulation, and most mating systems seem to be strongly characterized by sexual conflict. Nonetheless, male mate choice has been documented in several species within the family, mainly for female size, but also for female species.
Outlook
=======
Male mate choice, female competition, and female ornamentation are tightly connected. While male mate choice has been surprisingly well documented in livebearing fishes, the other 2 elements are poorly understood. Nonetheless, this provides an excellent basis for future research.More work is needed to document and understand female competition for males. Right now it is not very clear if this even exists.Females have a number of traits that might be considered ornamental, but how they evolved and if they are preferred by males, is less studied.More interaction between theoretical and empirical studies would be beneficial.So far, variability in female fecundity is viewed as the driver of male mate choice, but there might be many more traits in which females differ and that might be used in male mate choice.Better evidence for the adaptive benefit of choosing larger females is needed. The large variability in fecundity found in livebearing fishes, should allow for comparative tests.In recent decades, much progress has been made understanding the perceptual and cognitive aspects of female mate choice ([@zoy028-B152]), without similar attention to male mate choice.Finally, there is significant taxonomic bias, even within the livebearing fishes. A majority of studies conducted use guppies; clearly more diversity would be important.
I am very grateful for the many people that helped me understand mate choice, including colleagues and students, but especially to the participants (both speakers and discussants) of the symposium "Integrating Male Mate Choice, Female Competition, and Female Ornaments" and the organizers of the *Behaviour* conference in Estoril, Portugal. You were all very generous with your time and knowledge. I have tried to be as inclusive as time and space allowed, but most likely I have missed some important published work. For that I apologize. I am grateful for the very helpful reviews provided by 3 anonymous reviewers. All wrong opinions, of course, are solely mine. No external funding was received for this paper. I acknowledge generous support from the University of Oklahoma.
|
{
"pile_set_name": "PubMed Central"
}
|
/*
* SPDX-License-Identifier: MIT
*
* Copyright © 2017-2018 Intel Corporation
*/
#include "../intel_timeline.h"
#include "mock_timeline.h"
void mock_timeline_init(struct intel_timeline *timeline, u64 context)
{
timeline->gt = NULL;
timeline->fence_context = context;
mutex_init(&timeline->mutex);
INIT_ACTIVE_REQUEST(&timeline->last_request, &timeline->mutex);
INIT_LIST_HEAD(&timeline->requests);
i915_syncmap_init(&timeline->sync);
INIT_LIST_HEAD(&timeline->link);
}
void mock_timeline_fini(struct intel_timeline *timeline)
{
i915_syncmap_free(&timeline->sync);
}
|
{
"pile_set_name": "Github"
}
|
/*
* Copyright 2012-2019 the original author or authors.
*
* Licensed under the Apache License, Version 2.0 (the "License");
* you may not use this file except in compliance with the License.
* You may obtain a copy of the License at
*
* https://www.apache.org/licenses/LICENSE-2.0
*
* Unless required by applicable law or agreed to in writing, software
* distributed under the License is distributed on an "AS IS" BASIS,
* WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
* See the License for the specific language governing permissions and
* limitations under the License.
*/
package smoketest.actuator;
import java.util.Map;
import org.junit.jupiter.api.Test;
import org.springframework.boot.actuate.autoconfigure.web.server.LocalManagementPort;
import org.springframework.boot.test.context.SpringBootTest;
import org.springframework.boot.test.context.SpringBootTest.WebEnvironment;
import org.springframework.boot.test.web.client.TestRestTemplate;
import org.springframework.boot.web.server.LocalServerPort;
import org.springframework.http.HttpStatus;
import org.springframework.http.ResponseEntity;
import static org.assertj.core.api.Assertions.assertThat;
/**
* Integration tests for separate management and main service ports.
*
* @author Dave Syer
*/
@SpringBootTest(webEnvironment = WebEnvironment.RANDOM_PORT,
properties = { "management.server.port=0", "management.endpoint.health.show-details=always" })
class ManagementPortSampleActuatorApplicationTests {
@LocalServerPort
private int port;
@LocalManagementPort
private int managementPort;
@Test
void testHome() {
ResponseEntity<Map<String, Object>> entity = asMapEntity(
new TestRestTemplate("user", "password").getForEntity("http://localhost:" + this.port, Map.class));
assertThat(entity.getStatusCode()).isEqualTo(HttpStatus.OK);
assertThat(entity.getBody().get("message")).isEqualTo("Hello Phil");
}
@Test
void testMetrics() {
testHome(); // makes sure some requests have been made
ResponseEntity<Map<String, Object>> entity = asMapEntity(new TestRestTemplate()
.getForEntity("http://localhost:" + this.managementPort + "/actuator/metrics", Map.class));
assertThat(entity.getStatusCode()).isEqualTo(HttpStatus.UNAUTHORIZED);
}
@Test
void testHealth() {
ResponseEntity<String> entity = new TestRestTemplate().withBasicAuth("user", "password")
.getForEntity("http://localhost:" + this.managementPort + "/actuator/health", String.class);
assertThat(entity.getStatusCode()).isEqualTo(HttpStatus.OK);
assertThat(entity.getBody()).contains("\"status\":\"UP\"");
assertThat(entity.getBody()).contains("\"example\"");
assertThat(entity.getBody()).contains("\"counter\":42");
}
@Test
void testErrorPage() {
ResponseEntity<Map<String, Object>> entity = asMapEntity(new TestRestTemplate("user", "password")
.getForEntity("http://localhost:" + this.managementPort + "/error", Map.class));
assertThat(entity.getStatusCode()).isEqualTo(HttpStatus.OK);
assertThat(entity.getBody().get("status")).isEqualTo(999);
}
@SuppressWarnings({ "unchecked", "rawtypes" })
static <K, V> ResponseEntity<Map<K, V>> asMapEntity(ResponseEntity<Map> entity) {
return (ResponseEntity) entity;
}
}
|
{
"pile_set_name": "Github"
}
|
Northeast of Iran is a new endemic. Area for HTLV-1 and for the first time. Farid and his Immunology Dep at Mashhad University published paper and then Farid and safae in Aids research and human Retro virology volt 12 November 12 1996. Published prevalence of HTLV-1 in Iran several. Publication describes the prevalence of HTLV-1 in Jewish individuals born in city of Mashhad Iran. Then we reported serological and generic studies in the non Jewish population of Mashhad as well as Neishabour. Seropositive rate of HTLV-1 in Mashhad is 3.0% (21of 694). DNA sequence were amplified by PCR directly from the fresh PRMCs of seropositive individuals from Mashhad. Phylogenetic analysis of the viral DNA sequence indicated that HTLV-1 in Mashhad belong to the cosmopolite clade. ATL and HAM/TSP is common in the northeast of Iran.
|
{
"pile_set_name": "PubMed Central"
}
|
Racism in the Church
Is there racism in UBF? Might some leaders be racist? If so, is the racism the result of a strong “honor culture”? Some may not like such questions because they interpret it as an accusation against UBF or her leaders. But questions are not accusations. Questions are important. Otherwise, we may never address hard issues. I thought of such questions when I watched an excellent video about racism: Race and the Christian (which I use as a springboard to address the uncomfortable and unspoken racial issues that may exist in UBF between missionaries and native indigenous leaders of many nations). In the video, John Piper first spoke about the gospel as the only solution to the universal problem of racism. Next, Tim Keller spoke about racism as a corporate evil and sin, which is important but often ignored or unaddressed. Finally, Anthony Bradley, a black Christian professor, raised racial issues which are uncomfortable for some white evangelicals to hear. The 3 lectures are about 25 minutes each. You can read a synopsis here of all 3 lectures. These are my reflections.The Gospel (The first 15 minutes of Video 1). I loved John Piper’s passionate presentation and explanation of the gospel. But I sensed that some may not like his gospel presentation, because it is framed from a Reformed theological perspective. He speaks about the severe anger, wrath and curse of God against man’s sin that absolutely needed to be appeased by a sinless Redeemer. Some, perhaps, may not experience God’s love and grace through such a framework with God the Father pouring out His wrath and anger on His Son, who willingly absorbed God’s wrath against man’s sin. Some also may not like Piper’s passion and intensity, which some may perceive to not reveal the gentleness and grace of God.
Corporate Sin (Keller’s lecture is from the 26 minute of Video 1). Tim Keller spoke about sin as not just an individual matter, but a corporate matter by citing 3 OT texts. First, family sin. When Achan sinned in Josh 7:1-26, the whole family was punished and killed even though just one man Achan sinned (Josh 7:25). Second, national/cultural sin. Though Daniel himself did not rebel against God, yet he took personal responsibility and confessed sin on behalf of his ancestors who rebelled against God (Dan 9:4-19). Third, corporate sin of the entire human race. In Rom 5:12-21, one man Adam’s sin is applied to the entire human race, and one man Christ’s righteousness can be applied to the entire fallen race. Keller’s says that racism is a systemic problem that continues to marginalize minorities, the weak, and those who are not in power.
Racial Profiling (Bradley’s lecture is from the 52 minute of Video 1). Anthony Bradley, who is from Clemson, Alabama (a top football school), shared how he is always asked by white evangelicals if he is a football player. (He is rather diminutive in stature.) When he goes to a department store in NY dressed with a bow tie, he is often asked where the sale items are. There was a very uncomfortable laughter and silence when he said this. He challenged white evangelical leaders to listen to “Black theologians” and those from the Black Church tradition in order to work out the implications of racism in the church.
Racism in UBF? We may not like addressing sensitive issues such as racism. We do not want to “offend anyone” or “discourage anyone.” But addressing difficult or delicate issues and questions promote understanding and intimacy.
Horrible and Inexcusable. To my shame, I confess that I have said horrible and inexcusable racially offensive things. Semi-jokingly (but it is not funny), I would label some “easy to bring” foreigners to church on Sunday as “paddies,” which is my shorthand for “pad the number” of church attendants. I refer to my fellow countrymen as “chinks” with a sadistic grin. I would encourage others to invite white students to Bible study rather than students of other races. I wish to never ever think, say or do such things again. What I did was truly against the gospel and against the universal love of God for all peoples of all nations from every tribe and language (Rev 5:9).
Are Leaders Expected to be “Yes men”? Our missionaries are the oldest members of most major UBF chapters throughout the world. They hold the most senior position(s) of leadership, and deservedly so because of their initiative, seniority and sacrifice for the sake of world mission. But after 50 years of UBF ministry, senior leadership should be truly shared if not passed on to indigenous leaders (Acts 14:23). The new leaders should not just be “figureheads,” or “unquestioning yes men,” or “rubber stampers,” or “blind defenders of the status quo.” They should be fellow equals among leaders with their own voice. Though long overdue, encouragingly, this is being gradually attempted and pursued. Can we expect that someday, older missionaries may submit themselves to younger native indigenous leaders as they would to a missionary leader? Is this too difficult for those who are nationalistic and culturally uncontextualized? Only the gospel can bring this about through spiritual education.
Mission Reports Glorifying Missionary Achievements. Our mission reports at national and international conferences, in typed reports and messages, predominantly glorify the achievements of missionaries. If fruitful work is done by indigenous leaders, the missionary who shepherded him/her is credited and glorified. Our missionaries may not sense how distasteful this is, because this is their norm as the original predominant leaders. Don’t such mission reports steal God’s glory by highlighting the glory of Korea through the missionary? Is this not racially offensive to natives who are being “used” to glorify the missionary?
Keep Spiritual Order and Just Obey. The way these statements are used in UBF promote a legalistic social order in society taught by Confucius. Such implicit expectations gives a free pass to the older leader. Also, is this not racially offensive when the older or most senior leader is the missionary and the younger is the native leader? More than being a racial issue, the only spiritual order and obedience that ultimately counts is to God, not to the human leader.
Native Leaders should not Critique Missionaries. Our UBF missionaries are truly sacrificial and very hospitable people. But they expect unquestioning obedience and loyalty from their juniors. So, any question or critique is perceived as disrespect. This has created countless problems where 2 UBF missionaries cannot get along in multiple countries. Then the younger one has to start their own chapter or leave UBF. When the senior and junior is between a missionary and a native, racial issues come into play. It has been hard for our UBF missionaries to accept that their mistakes and sins are not just their responsibility, but also the responsibility of native UBF people. If they do not like being critiqued, is it partly because they feel racially superior to natives? But if natives do not address the sins of missionaries, are they not sinning against God? And truly loving their neighbor as themselves?
Group Pictures Center on the Missionary Leaders. Understandably, our oldest leaders at every conference are missionaries and national leaders from Korea. Many major group pictures stress the pecking order of the oldest leaders by them sitting in the most prominent center seats. This is expected in a nationalistic culture. But is this not racially offensive to natives who are always placed to the side and back with a few token national leaders sitting?
Is there racism in UBF? Is it the result of a strong “honor culture”? Is it serious? Is this too uncomfortable/offensive a topic to discuss? Are there other racially charged issues?
23 comments
I think there is racism in UBF just as there is racism in other churches or other institutions. I also see there are real examples of friendships and relationships that cross racial and cultural boundaries in UBF as well. In my workplace or in social settings, people tend to gravitate towards people with similar backgrounds, social class, and ethnicity. I’m thankful that in UBF, I have been able to have deep friendships and worship together with people who are not all the same race or background as me.
As a Korean, I sometimes experience racism in my daily life, either blatant racism or subtle. Even if I wanted to embrace my American identity, there will always be someone who will say something or do something to remind me that when they see me, they see a Korean. My actions are interpreted as being a “Korean” thing. I can’t escape it.
I feel uncomfortable sometimes when I hear the dialogue or read comments critiquing or mocking the “Koreanness” of the senior leaders. Even if it’s not meant in a disparaging way, it reminds me of the racism I myself encounter. It makes me feel like all people see or will ever see is a Korean, nothing else. And Korean = bad. It’s not explicitly said, but I feel like the implication is that the solution to all of UBF’s problems is to get rid of the Koreans and the Korean ways.
But I’m trying to use my own feelings and subjective experience to understand the perspective of non-Koreans in UBF. I imagine some of them also might feel discriminated against or evaluated by their culture or ethnicity. It’s ironic to me that even white Americans might feel Koreans are racist to them in a country where white Americans have historically been in the dominate, not subordinate position, and often portrayed as the oppressor, not the oppressed. But I guess it depends on who makes up the majority in a group of people.
On the one hand, understanding each other’s cultures and cultural differences is very helpful in understanding why people behave the way that they do. But sometimes, I feel like it can lead to preconceived, prejudiced notions about people. (Prejudice means to “pre-judge). I think that in some cases, if a Korean and non-Korean UBF leader committed the same mistake, the Korean’s behavior would be more likely to be interpreted as a product of Korean culture. But sometimes it’s just sin and folly, not culture. And the problems in UBF are not just Korean culture either. Some of the problems are not unique to UBF but are also present in other evangelical movements as well.
My initial emotions and reaction when reading this article is that it’s pointing the finger at my people and me, even though I know that’s not the intention. And honestly I was skeptical when I read this sentence, “But addressing difficult or delicate issues and questions promote understanding and intimacy,” because I feel like discussing these issues can also potentially promote misunderstandings, hurt, and defensiveness on both sides. BUT I hope and pray that this discussion can be helpful in promoting understanding of one another. John Piper is right in saying that the gospel is the only solution to the universal problem of racism. I think we need to hold onto the good news of Jesus’ grace and viewing each other as brothers and sisters in Christ (not just theoretically).
Thank you, guest, for your very helpful comments, which I am very happy to read. Very rarely, do we receive such an honest feedback from a Korean perspective such as from yourself. I hope that more Korean UBF people like yourself may help “balance” UBFriends, which has been primarily from a non-Korean perspective, including mine.
Just as whites have an “advantage” over blacks in the US for multiple reasons, I think that in UBF Koreans have an “advantage” over non-Koreans for similar reasons. Just as whites likely need to humbly take some initiative to improve relationships with blacks, Koreans need to humbly take the initiative with non-Korean native leaders. I hope this is not racially offensive.
I”m glad you shared this, guest. You should be able to understand me and some of my actions recently. You expressed much of how I felt within the walls of UBF for two decades. If I do some substitutes to your words, my feelings are exactly the same:
(note: the following paragraph probably only makes sense for someone inside UBF. I doubt an American who never experienced UBF would be able to relate, but it’s possible.)
“My actions are interpreted as being an “American” thing. I can’t escape it. I feel uncomfortable sometimes when I hear the dialogue or read comments critiquing or mocking the “American-ness” of the senior leaders. Even if it’s not meant in a disparaging way, it reminds me of the racism I myself encounter. It makes me feel like all people see or will ever see is an American, nothing else. And American = bad. It’s not explicitly said, but I feel like the implication is that the solution to all of UBF’s problems is to get rid of the Americans and the American ways.”
So I think it is only natural for some Koreans in UBF to start to feel the way they made us Americans feel for decades.
I agree with this statement: “And the problems in UBF are not just Korean culture either.” Koreans are not the problem. I believe Americans can live with Koreans just fine. I love kimchee and Konglish.
The key problem is an upside-down gospel that produces “benevolent dictators” who usurp God’s role in the lives of men and women. And this is rampant in Korean-Christian circles. So yes, many of the issues UBF faces are similar to other Korean-Christian organizations. But I contend that UBF’s issues (one of which is racism) stem from an upside-down understanding of the gospel in a way that most evangelical movements do not struggle with.
Abherrant teachings have lead to a plethora of lies, scandals, and shocking advice, all in the name of “honoring God above all else” and “passing down the spiritual heritage of Samuel Lee.”
Thanks for this thoughtful article. I was hoping to refrain from thinking about and discussing UBF-specific issues for the next few days. Tonight begins the observation of the Great Triduum, the high holy days of the church, and I want to fix my attention on Jesus and join with the Body of Christ throughout the world in remembrance and worship.
In keeping with that desire, I won’t talk about UBF today. But in response to what you wrote about John Piper (whose messages have inspired me) I would like to explain my personal reaction to preaching about the cross that focuses on the wrath of God for human sin being poured out on Jesus. This is, as you say, a feature of the way popular neo-Reformed speakers (Piper, Driscoll, …) describe what happened at the cross. But it is also found in other parts of the church as well. Notably, it is a dominant theme of worship and liturgy in the Roman Catholic tradition in which I was raised.
The Scripture clearly says that Christ died for our sins (1Co 15:3). I take this to mean that Jesus died on the cross in my place. The awareness that Christ suffered and died for me is central to believing the gospel and living the Christian life.
At the same time, I have a negative reaction in my gut to preaching and worship that primarily tries evoke mental images of the horrible suffering that Jesus endured at the hands of an angry God. This is difficult to explain, so please bear with me. I don’t want to start a theological argument. I don’t want to make any sweeping theoloical statements about theory of atonement, penal substitution, etc. I’m simply trying to explain how this kind of gospelling has made me feel and why, although sometimes beneficial, it did not help me over the years to draw near to God and experience the life-changing freedom from sin and law that the gospel should bring.
The effect on me (intended or not) of this kind of gospelling was this: I sensed it was supposed to make me feel guilty for causing Jesus to suffer so much. That was, after all, supposed to be me on the cross, not Jesus. My sins were bad enough to cause me to be nailed to the cross and hang there in horrible agony until I died in hopelessness and sorrow and then went to hell to continue to suffer for all eternity. Now I know that I am a sinner. I know that I’ve done some nasty and stinky things in my life. But were my sins really that bad? Was I really such a terrible person that I deserved to be hanging there on the cross? Church doctrine told me yes, so intellectually I thought that I should be nailed to the cross. But my emotions didn’t comply, because I didn’t (and perhaps couldn’t) feel that I was that bad. Honestly, I didn’t feel that guilty. So then I began to feel guilty for not feeling guilty enough. My Good Friday reflection became a futile exercise in trying to whip up feelings of guilt for the bad things that I did that put Jesus on the cross. I mentally lashed myself for not feeling the guilt that I should have felt because I should have been the one nailed to the cross.
In a perverse way, I thought that the only way to experience the gospel was to take my sins more seriously and somehow experience more of the pain that Jesus felt when he was nailed to the cross. In a way, I became like those Filipino Catholics who volunteer to be nailed to crosses on Good Friday and describe it as a deeply religious experience (a practice which the Catholic Church vigorously condemns).
It is interesting to me that when all four of the gospel writers presented the crucifixion of Jesus, none of them went into any of the gory details about the horrible suffering that Jesus endured. Their descriptions of the crucifixion were understated and indirect. The accounts were factual, not emotional. It’s as if they were saying, “For a description of what Jesus may have suffered, refer to the Old Testament, especially Psalm 22.” They seem to treat the experience of Jesus’ suffering as holy ground on which they dared not tread.
I’ve heard some of the young people in our church describe the kind of messages about the crucifixion that they usually hear at our Easter conferences — messages that try to portray and dramatize the intense suffering of Jesus to evoke an emotional response — as unmoving, disrespectful and even irreverent. These young people can’t find the words to explain why they react negatively to that style of preaching. I’m struggling to find the words as well. Perhaps others can explain it better than I.
I’m with you on that, Joe. I can’t put it in words either, but I can do without the gory details in preaching. It helps having read about it, however. Strangely, Edwards and Puritans (as far as I have read) did not go into gory details. They talk about what happened theologically (sin, wrath of God, atonement, eternal punishment, imputed righteousness, etc.) but I haven’t encountered details about flogging, piercing, the pain of the crown of thorns. Theology is more important here. Why did Jesus suffer so much? b/c he is fully God and fully human and completely sinless. He bore the full wrath of God. We can argue that some of the martyrs experienced more physical pain than Jesus. But they weren’t sweating drops of blood before they were going to die because they weren’t going to experience the full cup of God’s wrath.
This cuts to the heart of the issues I’ve been having the past year and a half…and I believe what also cuts to the heart of racism: What is the gospel? For many years, I thought of Jesus’ suffering as the gospel. Suffering became the “good news”. Evangelizing then became: Here is Jesus. You get to suffer! And you’d better suffer joyfully! So I began to look for ways to suffer so that I could appease my mind. I found a small peace. But this false gospel led me to be “curved inward” and to ignore my fellow man until I was so numb and so self-focused that I didn’t want to live any longer.
But the suffering in itself is not the gospel. There are many who suffered far more pain than Jesus bore on the cross. In fact, even the Romans crucified thousands, many far more grotesquely than Jesus.
As you say, BenW., the real point is the theology, the “why” Jesus was doing this. I contend that we can only correctly understand the gospel and suffering when we see Isaiah correctly through the lens of grace: “by his wounds we are healed.” (Isaiah 53:5, 1 Peter 2:24).
Certainly we will encounter suffering and there are times we should choose suffering. But suffering is not the gospel of Jesus. The good news is that Jesus’ death, burial and resurrection is God’s grace to mankind. And that foundational grace is able to produce present grace and future grace in abundant overflow.
I further contend that Christians, then, are not called to a primary identity of a “wounded soldier”, but one of “ambassadors of grace”, living as witnesses of the abundant, transforming power of Christ to change sinners who hate into forgiven sinners who love, sinners who persist in going “my own way” into sinners who depend on the grace of God.
“I could never myself believe in God if it were not for the Cross. In the real world of pain, how could one worship a God who was immune to it?” (John Stott, The Cross of Christ) Theologically, suffering not so that we Christians should likewise also suffer (though we will), but because Jesus’ suffering and passion was necessary for our redemption.
“My Good Friday reflection became a futile exercise in trying to whip up feelings of guilt for the bad things that I did that put Jesus on the cross. I mentally lashed myself for not feeling the guilt that I should have felt because I should have been the one nailed to the cross.”
My feelings exactly, Joe, for 24 years. But thank God this “Good Friday” is truly good.
Thanks, Joe, for explaining so vividly how the neo-Reformed preaching of the Cross from the Gospel Coalition folk comes across to you and others. I would think that this is not just neo-R since Jonathan Edwards and other Puritans, Calvinsts and other Reformed preachers also preached similarly.
I would have to say that I myself do not have the experience you describe, I don’t think. I do not feel that such preaching makes me feel guilty in a manipulative or emotional way. Rather, it expresses to me the unfathomably great love of God for me that cost my God an infinite Cost that I can never repay.
You are surely right in pointing to the understated descriptions of the crucifixion of Christ in all 4 Gospels. Perhaps, the Reformed preaching of the death of Christ is more Pauline in nature, where Paul explains in numerous ways the meaning of the life, death and resurrection of Christ, which were simply narrations in the 4 Gospels without much theological explanation.
Thank you Dr. Ben for writing on this topic. Racism is ugly and most people will deny that they are racist. But this is a topic that the church in general needs to take a hard look at. Recently, I was at Gordon College in Massachusetts, where my eldest daughter will be going to in the fall. Gordon is a Christian liberal arts college in the northeast, like Wheaton in the midwest. I attended a lecture there by Dr. Brad Wright, a professor of sociology from the University of Connecticut. He is also a devoted believer. Out of all the myths that the media spreads about Christians, one was true: that Christians are more racially prejudiced than non-Christians. And this is true when we see that many church congregations in the US are racially homogenous. I’ve appreciated the fact that in UBF, we have a racially diverse population.
However, I do believe that if we preferentially seek out students who are of “North American” origin, we are committing a type of racism. Indeed, “North Americans” are as much black as they are white; preferentially seeking white students is certainly racism or at the very least favoritism. Perhaps an interpretation of “North Americans” as white Americans might be an unconsciously based cultural bias against non-whites. Increasingly, North America is composed of Hispanics And Asians. Whether they are first or second generation, these people groups are as much American as the fifth or sixth generation Irish or German. Recently, Pastor Abraham visited Bethlehem, Israel. He had the opportunity to meet with Palestinian Christians. They face a kind of racism because the American evangelical church pours a lot of support into the Messianic Jewish and Jewish populations, but shows little support for their Palestinian brothers in Christ.
I believe that it really speaks to our sense of value. One thing I’ve learned from the bottom of my heart over the years is that each soul is of the same worth and value to God, be they young, old, white, black, etc. It also can be extrapolated further to the idea of honoring or recognizing individuals based on any human characteristic ( The “honor culture” you referred to). Whether one is an MD, PhD, from an Ivy League school or community college, unemployed urban poor, or otherwise, we are all worthy ( or more aptly, unworthy) before God. I personally have repented of my biases and prejudice over the years and ask mercy to see everyone as equal , or even better, more worthy than myself. Thanks for reading my opinions and thoughts!
Thanks for sharing, Liz. If we have a facebook “Like” button, I would click Like many times. It is encouraging that John Piper confessed his racism in his book, Bloodlines, which I am yet to read. For sure, without the grace of Jesus, I would be a bloody racist many times over!
“Perhaps an interpretation of “North Americans” as white Americans might be an unconsciously based cultural bias against non-whites.”
I can’t tell you how excruciating it was to hear those “white” prayer topics for so many years! (Anyone pray for an HNW lately?) Yet, my conscience was so numb I didn’t really speak up against it. Even when I sat through an entire meeting where the “n” word was used by the director to describe African Americans, I just looked the other way.
I’ve said this before, but I’ll say it again: I openly encourage any Korean missionary to come to Detroit if they think they already understand racism.
This weekend I was at a rehab center for ex-druggies and ex-alcoholics. The Pastor picks up the poor from the train station. They feed the homeless everyday, the cafeteria is full of the ripe pungent smell of humanity, but the Pastor is always there, eating the same food and talking with them. I was scared to live there just for a few days, afraid of the bathroom, beds, showers and possible contamination. I could not eat.
However, James 2:1-4 harshly reprimands favortism based on outward appearance (or hygiene, bodily odor, skin color, social status, race.) To put God’s word to practice is not easy. Our words and actions are more often than not inconsistent. And more often than not we aren’t even aware of these. inconsistencies.
Related to how we frame the gospel and explain the Cross, I do have a problem with this recent CT article: Why We Still Mishear Jesus. Though the author sounds reasonable, he explains Jesus’ cry of dereliction in an ackward way that I have a problem agreeing with.
I think that “how we frame the gospel and explain the Cross” goes a long way in explaining our naturally racist, tribalist and sectarian mindsets. I find that I must continually, on a day-to-day basis, adjust and correct my understanding.
In regard to the CT article, the author does make some sense, but I’m still thinking that one through. When Jesus cried out “why have you forsaken me?”, was he merely pointing us to Psalm 22, as the CT article contends? I don’t know. But it does make an awful lot of sense to me.
I still ponder these questions: Was it God’s wrath or Satan’s wrath poured out on the cross? If it was God’s wrath, is all of His wrath now gone, or is there still more wrath? Did God turn His back on His son, as a form of “divine child abuse”? If we focus on the “forsaken” words of the cross, are we then led to constantly feel forsaken, feeling as if “I’m in this life on my own, even though I’m a Christian.”?
I don’t know the answers to these questions. But I am eager to ask, seek and knock.
Ben, the article “Why We Still Mishear Jesus” raises an important question. Was Jesus actually forsaken on the cross, or did he just feel forsaken?
The article lost me with circular logic that does not hold up:
“Is Jesus saying “I have been forsaken by God”? No. He’s declaring, “Psalm 22! Pay attention! This psalm, this messianic psalm, applies to me! Do you see it? Do you see the uncanny way that my death is fulfilling this psalm?”
Yes Jesus pointed us to Psalm 22 on the cross. And yes, I believe the Psalm does point to Jesus and that Jesus fulfilled this Psalm. And yes, the Psalm does transition into declaring God’s victory. If so, then Psalm 22:1 is correct, Jesus was forsaken.
I think it is clear that “forsaken” can be temporary. There are numerous times when God declares he will “hide his face” for a time, as in Deuteronomy 31:17-18. After reading numerous articles on this topic, I see that this kind of thinking reveals my “Calvinistic tendencies”. However, I have not yet finished formulating my “theological position”. That is still in process.
In the end, I simply take Jesus at his word. If Jesus asked the Father “why have you forsaken me?”, I would say Jesus was indeed forsaken for a moment, as in Isaiah 54:8.
Amen to that response article. Why was Jesus sweating drops of blood before he went to the cross if he didn’t receive the cup of God’s wrath? Why did Jesus quote Psalm 22:1 if he wasn’t forsaken by God?
For what it’s worth, I think that Hsu’s article does an excellent job in explaining Jesus’ cry from Psalm 22:1. The Jewish worship and religious practices of the first century were steeped in psalms. Many of the psalms have a similar theme. The psalmist is in deep trouble and sensing abandonment by God. And yet, hoping against hope. he still trusts in God and believes that God will still vindicate. These psalms express one of the the great paradoxes and mysteries of our faith, which is that God is indeed (and especially) present with us when we feel abandoned by him.
I fail to see why Hsu’s explanation should be provocative or controversial. At the cross, was the Father pouring out his wrath on the Son? Or was the Father suffering along with the Son? Why must it be one and not the other? Why can’t it be both?
It’s great that this is more a discussion of the gospel than of racism. Great questions, Joe!
Though this might veer toward the metaphysical, the ontological and the abstract, it had always seemed to me for decades that God and sin could never ever co-exist, even before my Calvinist inclinations that began just a few years ago. So since Jesus bore our sins, though he is God the Son, the Father simply could not be with Jesus when he bore my sins on his body on the tree. Thus, the Father had to no choice but to abandon and forsake the Son.
Most importantly, this does not in any way diminish or tarnish the love of God. God’s love for his Son is so great that He himself was completely ripped apart and shattered because of His love for me. If anything, the magnitude, majesty and marvelous mystery of God’s love might be perceived and experienced to be even greater because of this! I do not perceive “cosmic child abuse” in anyway as alleged, as long as the Gospel is clearly communicated based on the Word and by the Spirit, for this would promote repentance and faith.
Ben, thanks for this discussion. I understand the inclination to say that God and sin cannot coexist. That’s one of the major themes of Israelite worship and the law of Moses. But it seems to me that the arrival of Christ and the Incarnation have to fundamentally challenge that idea. Jesus continually broke through the barriers that separated clean and unclean. He made his home among unregenerate sinners and related to them before they repented. Like you, I don’t think it is fair to characterize penal substitutionary atonement as “cosmic child abuse.” That’s a caricature and an overstatement. But I do think that PSA needs to be balanced out and reconciled with the whole of Scripture, the apostolic traditions and ancient understandings of the Trinity. Calvinism and the Reformed confessions lend an important perspective on the gospel, but they’re certainly not the final word on the matter, nor are they the lens through which all passages of Scripture must be read. The gospels emphasize Jesus’ oneness and unbroken fellowship with the Father and the Holy Spirit, and I want to keep that in mind as I struggle to understand the unfathomable mystery of the cross.
Thanks, Joe. Here’s another Reformed explanation by R.C. Sproul using the words expiation and propitiation: http://www.ligonier.org/blog/two-important-words-good-friday-expiation-and-propitiation/ I’m gradually comprehending a different framework for understanding the redemption wroght by Christ. I gather you do not disagree with it, except that you perhaps would rather frame it more from the perspective of love rather than justice, which the Reformed theologians emphasize.
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Purpose
We aim to promote unity in the Body of Christ through dialogue. Unity is not the same thing as uniformity. Christians do not all think alike. There are some basic beliefs that we hold in common, but there is a diversity of opinion on many issues within the Body of Christ. As the gospel welcomes people of every tribe and tongue and nation, it also challenges us to stretch ourselves beyond what is comfortable. The degree to which we imitate Christ is not measured by how much we love those who are similar to us, but by how much we embrace those who are different.
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Sakura returns to Hogwarts School of Witchcraft and Wizardry for the 1992-1993 school year. There she starts to develop her own magic as the Chamber of Secrets is opened. A Cardcaptor Sakura continuation set in the Harry Potter universe. Sequel to "Sakura and the Scottish School of Magic."
It had taken a majority of the train ride, but the conversation Sakura was having with her friends plus one unexpected-and-not-entirely-welcome addition eventually turned to the topic of the school houses.
Luna seemed to be the most ambivalent, saying, "I don't care."
"Don't care? How can you not care?" Anthony asked in a shocked tone of voice.
"Well it doesn't really matter," Luna stated.
"Yes it does. It affects lots of things, like who you go to classes with and who your head of house is," Sakura started counting off on her fingers. It was true that prior to going to Hogwarts she had held a position similar to Luna's, in her case more from ignorance than thinking it didn't matter, but she had learned over the previous year how much one's house affected things in both obvious and subtle ways.
"Not to mention the reputation you get both in school and after you graduate," Gloria was quick to add from her chair in front of the door to the cabin. Subsequent to the explosion and the window repair Gloria had gone out and retrieved a chair from somewhere and brought it into their cabin to sit on. It gave everybody a bit more sitting space, and possibly violated some health and safety regulation.
"Does it?" Luna asked. She spoke the same unconcerned tone that Sakura had come to associate with the odd girl. It gave the impression that Luna either hadn't understood something, or simply didn't care. By Luna's own declaration, it was probably the latter. "Then they must be careful to make sure we get selected for the right house, so I still don't care."
"I don't know about you, but I sure care. I'm going to go to Ravenclaw," Syaoran declared. His emphatic conviction made for a strong contrast to Luna's ambivalence.
"What makes you so sure of that?" Anthony asked.
"Sakura's in Ravenclaw, so obviously I should go to the same place she is," Syaoran said. He almost managed to not slightly stutter.
Sakura smiled at Syaoran, who smiled back at her.
"Oh, I'm pretty sure it doesn't work that way. I thought for sure I'd be sorted into Slytherin because of my brother, but I ended up in Gryffindor," Gloria said, causing reality to come crashing back down on Sakura. Right. There was the hat, and the sorting ceremony, and all of that. Sakura had completely forgotten that there was a very real chance that Syaoran wouldn't end up in the same house as her.
"Yeah. There's this big test. They got this lion, badger, snake, and raven, and you got to catch one of them with your bare hands. Whichever one you catch first they put you in that house," Anthony said. "You should go after the raven. It's the safest one to handle but you need to use your head in order to trap it, which is why we got the reputation for being the smart ones in Ravenclaw."
Luna nodded in understanding at the explanation of how the sorting worked.
"Come off it. I already know all about the sorting ceremony. We're just supposed to put on this dusty hat and it tells us where to go," Syaoran said.
"But don't forget what I told you about how it feels, too. It felt all icky and weird... like... like... something bad or something," Sakura quickly added. She didn't really have the words to describe how violated she had felt by the experience, let alone the words to describe it in English. "At least it's over fast."
"Icky?" Gloria and Anthony both asked in confusion. Both turned to look at Sakura.
Anthony quickly recovered, saying, "Right, icky. It's terrible. I can't even begin to describe how awful it felt. I felt like I was going to be sick right then and there. Can you imagine how embarrassing that'd be, to start classes by being sick in front of the whole school?"
Keroberos gave Anthony a knock on the head, interrupting his rant. He then accused him, "You're just making all that up. It's nothing like that."
"Like you know anything about the sorting. You weren't even there," Syaoran came to the defense of his fellow human, and not coincidentally picking a fight with Keroberos. It wasn't the first time Syaoran had done so on the train, not counting the times Keroberos had returned the favor and picked a fight with him.
It was the way that Keroberos and Syaoran preferred to interact with each other. Sakura didn't pretend to understand how those two boys treated each other, but they both seemed to enjoy their skirmishes over nothing in particular so Sakura just let them go at it. It wasn't like there was any particular malice in their voices, after all.
"I didn't have to be there. Can't you tell this kid is lying? First that capturing garbage and now this nonsense. It's written all over his face," Keroberos said.
"Yeah, right. What do you know about that?" Syaoran accused Keroberos with his normal facade of hostility.
"Oh, by the way," Gloria interrupted the timing the two before they could really get going, "I've been meaning to ask you. You do know that Keroberos transforms into this giant lion, right? Should you really be arguing with him that much?"
Anthony, on the other hand, had a more typical mix of hope and fear in his voice as he asked, "You're kidding. Aren't you?"
Sakura, Syaoran, and Gloria all shook their heads.
"I see. Right then," Anthony said. A new tone of respect could be heard in his voice. Or maybe it was just plain fear.
Gloria quickly changed the subject, saying, "Even if you don't end up in Ravenclaw with Sakura, it's not the end of the world. I was a bit torn up about not getting into Slytherin, but it turned out to be for the best. I'd hate to be in the same class as that git, Draco, with his merry band of dunderheads; and I got to be in the same class as the famous Harry Potter."
Sakura didn't remember Gloria being especially torn up when the Sorting Hat had placed her in Gryffindor, but who was she to contradict her friend? Instead, she added, "And we can still spend time together, even if you don't end up in the same house as me."
"Just not in classes or after curfew," Anthony said. "Then again, even if you do get into Ravenclaw, you'd still be in a different year than Sakura and will have all different classes, so not much luck there either."
"But I can still help you study for your homework. I already took all of your classes last year," Sakura said, trying to find a silver lining to that particular cloud. It did little good. When the first announcement that they would soon be arriving at Hogwarts came shortly thereafter, Sakura was still under the depression that Anthony had caused with his reminder of basic facts that she had already known but didn't want to acknowledge.
Along with Gloria and Luna, Sakura changed into the school skirt and robe she would wear for the majority of her time in the United Kingdom. Syaoran and Anthony had stepped out to give them some privacy and to ensure sure no traffic went through the corridor. Keroberos had stepped out as well because, although Sakura had long grown accustomed to his presence in her bedroom years ago, Gloria wasn't quite comfortable with him watching her change.
It felt just as strange as the last time she had changed in front of the large windows of the train cabin. Strange, but safe, as far as Sakura could tell. Nobody was in sight outside the windows in the countryside, and none of the boys in the hallway had peeped on any of the three girls as far as she could see from her frequent checks on them.
The girls then stepped out of the room and gave Syaoran and Anthony some privacy to change into their uniforms as well. No corridor traffic passed by then either.
Upon re-entering the room, Sakura thought that Syaoran cut a particularly dashing figure in his dark robes and pants. The only real difference between his uniform and Anthony's was the lack of the Ravenclaw house emblem and tie, but Sakura still thought that Syaoran just looked better.
The act of changing into the school uniforms changed the entire atmosphere of the room. It was no longer just a simple, albeit long, train ride through the countryside with some friends. The uniforms had brought with them a much more somber tone. The room was now the antechamber in preparation for classes to start. Anxiety, tension, and restlessness permeated the air. The children were satisfied to spend the last few minutes of the journey staring out at the dark, star-filled sky in silence.
"We'll be reaching Hogwarts in five minutes. Please leave your luggage on the train, it will be taken to the school separately," a voice echoed throughout the train, interrupting the almost meditative trance Sakura had fallen into as she stared out of the window.
"We're seriously supposed to leave our stuff here?" Syaoran asked.
"Yes. They brought them up to our dorm rooms last year after we were sorted," Sakura said.
"This time I'm going with you too," Keroberos asserted. He flew into a familiar pocket of Sakura's robe.
"Kero-chan. You're not even allowed to go to the Great Hall during meal times. I'm pretty sure you're not supposed to be there for the sorting ceremony," Sakura said.
"I don't care. I'm not hanging around here with Siufui all on my own," Keroberos answered. He pointed accusingly at Syaoran's owl. Almost on cue, the owl pecked loudly on one of the bars of her cage towards Keroberos.
"Relax. It's not like anything's ever happened when we brought Keroberos there before," Gloria said, taking her usual role of enabler of mischief.
"They'll be lots to eat there, too, and I'm hungry," Keroberos added.
"You're always hungry," Syaoran said.
Keroberos didn't dignify Syaoran's statement with a response, besides the raspberry he blew in the boy's direction.
"Okay. I guess it'll be fine," Sakura agreed. She didn't really mind that much. It just meant that she and Keroberos would need to be careful to not cause a scene. Given the feast that was typically put out during celebrations, it would take a fair bit of self-control on Keroberos's part, but she was sure that he would be up to the challenge.
Mostly sure he would be up for the challenge.
The train slowly drew to a stop in the same station it had stopped at in 1991, and most likely had stopped at for the past hundred years. Once again the platform started filling with the hustle and bustle of people trying to get their first breath of genuinely fresh air after spending hours in the stale confines of the Hogwarts Express.
"Well, what are we waiting for? Let's go," Syaoran said, urging the rest of the passengers to hurry up.
Maybe it was due to the crowded nature of having a fifth person in the room, but nobody seemed inclined to wait that extra bit for the corridors to clear. They instead forced their way into the crowd, pushing outward into the cool evening air.
"Oh, what a gorgeous night. I wish we could go on that boat ride again," Gloria remarked, half to herself and half to the group.
The waxing crescent moon provided little in the way of illumination, but it did provide a great deal of atmosphere in the station. The still air made everything seem silent and surreal, surrounded as they were by the countless stars all around them. There were more stars than could be imagined from the perpetually-lit city of Tokyo. Sakura was sure it would be even more picturesque floating on the glassy water of the lake, surrounded by an ocean of reflected pinpricks of light. It was no wonder that the first-year students always took that scenic route towards the castle. It was a wonderful way to start an academic career.
Sakura took a quick look around to see if she could spot Lisa, but it proved to be a futile effort. There were just too many people to see more than the couple dozen children in her immediate vicinity. Even if she had been able to see through the mass of humanity surrounding her, the chances of spotting her friend in the throng of students surrounding the platform was slim.
"Firs' years! Firs' years! Over here! Firs' years!" Hagrid's burly voice called out. It cut through the deadened air and completely changing the tenor of the atmosphere. He was easy to spot in the crowd; both his height as well as the lantern he carried high above ensured he was unmissable.
"I guess that's us then," Syaoran said.
"See you when you get there, Syaoran-kun," Sakura said.
As Sakura's eyes tracked her boyfriend's departure with Luna, she had to fight down the briefest touch of envy for the odd girl who had entered her cabin earlier in the day. Luna got to go to the school with Syaoran while Sakura herself had to go a different way. Sakura knew she would see Syaoran again within the hour, but that didn't help with the stab of emotion she felt.
Syaoran and Luna briefly passed by the Weasley twins, who were flanking a little girl. The twins were pointing at Hagrid while undoubtedly making up some suitably humorous lie. Then the crowd shifted, and they were all lost to Sakura's sight.
"Come on. Let's go," Gloria said, directing Sakura and Anthony in the direction of the less romantic carriages which would take them to the ceremony.
The carriages were lined up in almost the exact opposite direction that Hagrid was leading Syaoran and the rest of the first-year students towards. There was a huge procession of vehicles with enough space to carry all of the non-first-year students.
It quickly became apparent why there had been such a hurry to crowd out of the train. Much like the cabins in the Hogwarts Express, the carriages were quickly filling up. For the slightly slower students, that translated into a long walk to the back of the procession to find an empty carriage. For the final stragglers, it could also very well mean that friends would need to separate for the ride to the castle.
Sakura had overcome her innate fear of ghosts the previous year, but that didn't stop her from finding the strange winged horses in front of each of the carriages a bit scary. While they looked vaguely like ghosts, they were substantially more solid. It added extra weight to their existence, and that existence was an inherently spooky one at that with their gaunt bodies and large leathery wings. The dim light of the moon only made their large dark and leathery figures seem that much more foreboding. They were scary in the same sense that a pit full of snakes was scary. Sakura didn't honestly think that she was in any danger from them, but likewise not being able to fall into the pit didn't make the snakes inside any less fear-inducing.
"Why can't they just use ordinary horses for these carriages?" Sakura asked, strategically placing herself furthest from the ghostly horses as they walked down the line of vehicles.
"I imagine it'd be expensive to feed them all. Hogwarts has got to have a bigger budget than we do, but feeding horses gets expensive after a while. If you'd only use them a couple of time a year, I doubt it'd be worth it," Anthony said as the three of them walked past full-carriage after full-carriage.
"But those things," Sakura said, pointing at the creatures she didn't know the name of, "have to eat stuff too. It can't be any cheaper to use them instead of regular horses."
"What things?" Anthony asked.
"Those things. Those weird winged horse things," Sakura said, pointing at one of the mounts in front of a passing carriage.
"Oh no. Don't tell me that she's contagious," Gloria said. "I'm warning you, if you start talking about kruffles or jumping hexapoads or anything like that I'm leaving right now."
"Hoe?" Sakura asked, confused by her two friends' reactions. She didn't push it.
"Finally, an empty one," Anthony remarked as they started getting close to the end of the line. He let Gloria climb in first, followed by Sakura, before he entering the carriage himself.
"Hey, Gloria, mind if I join you?" a boy asked from the side of the carriage shortly after the three of them had settled. He wore the Gryffindor red and gold tie and house emblem on his robe. Both were easily visible in the dim light of the lantern hanging off the side of the vehicle.
Gloria looked in askance towards Sakura and Anthony. Sakura shrugged back. She would have loved it if Lisa could have joined them, but if she was with Wayne it was doubtful they would have enough space to fit all five of them.
Anthony shrugged back as well.
"Sure. Get in, Jack," Gloria said. She moved a bit over, which gave room for Sakura and Anthony to move in as well.
"Oh, good luck with that. Fred and George got those positions pretty well cornered," Gloria said.
As Gloria and Jack continued talking about Quidditch, Sakura leaned back and thought about the incredibly poor way the four of them were positioned. Sakura didn't especially care about Quidditch, and from past experience she knew Anthony didn't especially care about it either. However, there they were, trapped between the other two who were waxing poetic about their plans and hopes for the upcoming Quidditch season.
Neither of the Ravenclaw students bothered chiming in with even cursory phrases to act like they were part of the conversation. Sakura doubted that either Gloria or Jack noticed, given how caught up they were in talking about players and plays. She just leaned her head back and tuned out the excited dialogue as the carriages started moving.
The vehicles proceeded along some dirt roads. They creaked, squeaked, and bumped up and down like it was the 1800s or earlier. It was atmospheric, to be sure, but it was also hard to really get comfortable. Sakura had to sit up to prevent knocking her head against the backrest every time the carriage gave a strong jostle.
Outside the window, a signpost directing the way both towards Hogwarts and towards a place called Hogsmead passed by. They went in the direction of Hogwarts.
In the distance, Sakura could see the fantastic castle where classes were held. It was from an angle she had never seen it before. She could still recognize various landmarks, such as the notably tall spires of Ravenclaw Tower, but it was an academic knowledge of the buildings which triggered none of the sense of familiarity she was accustom to having in the school itself. The view was much less impressive than the one she had seen during the approach by foot she had taken the previous year. The framing of the scene by the carriage window, which prevented her from seeing the entire majesty of the complex all at once, somehow cast the numerous stone facings and glowing windows in a much more mundane light. The distant moon in the background and the shadowed embankment in front of the stony facades of the building fought to counter this by adding a touch of atmosphere. However even they were not able to compete with that awesome sight when the first-years turned that corner on that dirt path and the castle presented itself in all its glory to the tired students.
"What do you make of the train stopping on the way here? Do you know anything about it?" Jack asked. It cut through the fog of Sakura's distraction and demanded her attention.
Sakura unconsciously held her breath.
"No," Gloria casually lied through her teeth. As Sakura understood it, Gloria had had a fair bit of practice with that in the past. "Do you know anything about it?"
"Well, I heard," Jack said, saying the common preface for much of the gossip which was one of the de facto currencies of the school, "that there were these students who were showing off and one of them messed up a charm and broke the train."
Sakura might have been surprised by how fast the news had spread, but she had spent the previous year at Hogwarts and thus was well familiar how quickly news spread in that cloistered environment. That the entire student body was present on the train just made the process that much faster.
"Oh, really?" Gloria asked, surprise and interest in her voice. If Sakura didn't know better she would have honestly thought that Gloria was hearing this for the first time. "Did you hear anything about that, Sakura?"
"No," Sakura said, trying to act as casually as Gloria did. She felt clumsy with the lie, but the way the dim light of the carriage masked her face and the fact Jack had only just met her made her think she could get away with it. "How about you, Anthony? Did you?"
"No," Anthony said, even less convincingly than Sakura.
"I don't know how true it is, but right before the train stopped I heard this big boom. And then all these professors went running to the back of the train. One of the engineers went chasing right after them," Jack said.
"I see," Sakura said, hoping that the subject would somehow get changed away from the debacles that she and Syaoran had gotten into.
Conveniently the caravan had arrived at Hogwarts by this point, so Sakura wouldn't need to endure the worries of this particular conversation topic any longer. The carriage that Sakura rode drew to a stop and she quickly followed Jack out of the vehicle, enjoying the freedom and relief much more than when she had escaped the Hogwarts Express earlier in the evening.
The four of them made their way into the Great Hall, joining the large collection of students on the same path. The majority of them had already taken their seats when Sakura, Gloria, Anthony, and Jack entered the large room which had been enchanted such that the ceiling showed the starry sky above, as if the ceiling was invisible.
At this point the two Ravenclaw students and the two Gryffindor students bid farewell to each other and split up to go to their respective tables. The start-of-term banquet, much like all of the special events, was always treated much more formally than ordinary meals where students could sit wherever they liked. By unspoken understanding all of the students sat in their respective houses.
Sakura and Anthony walked down the aisle in the middle of the room. Sakura kept her eyes peeled, searching through all of the students wearing Ravenclaw's colors for one face in particular. She didn't have to look far.
"Sakura. Anthony," Lisa called out, catching their attention. "There you are. I was starting to worry that I had missed you."
Lisa had saved two seats next to her which Sakura and Anthony were only too happy to take. They took their places on the long benches as the final stragglers entered the hallway.
"Did you hear about the train accident? I heard the reason we had stopped was because some students broke the train," Lisa said.
"Hoe," Sakura complained to herself.
It wasn't just Jack and Lisa, either. The fragments of conversation Sakura could overhear surrounding her all seemed to pertain to her and Syaoran's escapade on the train. While it wasn't as bad as starting her entire life in Hogwarts as "the girl who blew out a window of the Hogwarts Express," starting her second-year that way wasn't much more appealing.
Lisa looked back and forth between her two friends on either side of her. Her eyes widened and she asked in a quiet voice, "You are joking, right? You mean you were involved with that?"
As Lisa spoke, something ineffable around the room changed.
Sakura tightened her face but didn't respond. Anthony didn't say anything either. The lack of response was all Lisa needed.
"Why am I not surprised? It does seem like you are involved with all of the rumors around here, Sakura," Lisa said.
There was definitely something different about the room. The Gryffindor table was certainly talking louder now.
"That's not true. I almost never am. What about that big argument between Nearly Headless Nick and the Bloody Baron? Or that weird break-in in the Slytherin common room? And don't forget Professor Quirrel, either." Sakura said, naming some of the more prominent rumors which had circulated Ravenclaw the previous year.
"Very well. You may be correct," Lisa conceded, "but you do seem to get into more trouble than most of the people here."
The commotion not only spread from the Gryffindor table to the Slytherin table, it also jumped across the large space in the center of the Great Hall to reach the Ravenclaw table. Sakura listened in a bit. She realized with a shock, and no insignificant amount relief, that the impossible had happened. Something had knocked news and speculation about the mysterious explosion and train stoppage off the top of the gossip list. Something even bigger than the breaking of the Hogwarts Express.
Harry Potter was missing.
Even now it seemed to be spreading to the Hufflepuff table as well. Many of the students were turning to get a better look at the Gryffindor table, searching for confirmation as if they could actually see anything among the dozens upon dozens of faces there of which half were facing away anyway. Still it was a natural reflex and Sakura found herself doing the same thing, trying to spot the famous boy despite only having a passing familiarity with what he looked like.
What was going on? Was it some prank? Had something happened to The Boy Who Lived? Had anybody seen him on the Hogwarts Express? When was the last time anybody had actually seen him? Were they sure?
It seemed like this interest wasn't purely limited to the students, either. At the front of the room sat Professor Dumbledore and the various school teachers. Most of them were scanning up and down the Gryffindor table as well, some more surreptitiously than others.
Professor Dumbledore leaned over to Professor Snape and said something impossible to make out through the din of excited conversation. Professor Snape glowered in response, a facial expression not foreign to his face and unmistakable to everybody in the room. The greasy Potions professor rose to his feet and stalked to one of the doors.
Much like a stove being turned up, this action quickly and noticeably increased the tension in the Great Hall. It brought with it a commensurate increase in noise as well. That confirmed it. Harry must be missing. What were the professors going to do now? Why had Professor Dumbledore sent Professor Snape away, seeing how he was possibly the only professor who actually hated Harry? What would Professor Snape do if he actually found The Boy Who Lived?
This bubbling mass of emotion and tension broke just after the door behind the departing Professor Snape closed. There was a loud series of screams and thumps from the side of the room. Sakura, along with everybody else present, quickly turned to stare at the source.
Somehow the benches surrounding the Slytherin table had all vanished. This left all of the Slytherin students on the ground in varying degrees of discomfort and embarrassed exposure, depending on how they had fallen. If the timing hadn't been planned that way, it was the most incredible coincidence.
Once the source of the panic was identified naturally everybody turned to look at Fred and George, who sat in perfectly calm oblivion. They showed the fake picture of perfect innocence which only the truly unrepentant trying to maintain plausible dependability while at the same time claiming credit can show. They were fooling nobody, which was probably their goal.
The cause of the prank now identified, the Gryffindor table wasted no time. Almost as one they turned and laughed at the misfortunes of the Slytherin house as the Slytherin students themselves tried to pick themselves up off the ground. The most notable exception to this jeering were the Weasley twins, although a couple of other Gryffindors stayed silent too.
The laughing quickly spread to the other tables as well. The Ravenclaw table and the Hufflepuff table joined in, the students around the latter having to exceptionally strain to see across the room to the rows upon rows of fallen Slytherins. The other two houses lacked the same esprit de corps in their reaction that the Gryffindor students had, but there were enough people pointing and laughing that it was more the rule than the exception.
The professors had a much different reaction. Professor Sprout had a mixture of shock and annoyance on her face, while Professor Flitwick only had annoyance. Professor Dumbledore, for his part, appeared as unflappable as ever. The most prominent and notable reaction from the head table was Professor Lockhart. His laughter was incongruousness with the other professors. It made him stand out even more than his bright purple robes already did.
"Very good, very good. It's nice to see some things never change. It reminds me of back when I was a student. I'm going to have to ask you to stop now, Ravenclaws. I'm a professor now so I can't play favorites, even if I used to be in your house too," Professor Lockhart said loudly, flashing his well polished and brilliant smile at their table. "You... uhh... Penny. Be a dear and bring their seats back. Pranking is well and good, but you need to know when to stop."
Confusion reigned while everybody tried to figure out what Professor Lockhart was talking about. He was staring straight at Penelope, the Ravenclaw prefect. It seemed like he was blaming the Ravenclaw house for this latest exploit of the Weasley twins.
Once this became clear, the ruckus from moments earlier redoubled with the Gryffindor students adding in jeers and taunts at the supposedly troublemaker Ravenclaws and one red-faced Penelope. The Hufflepuff table looked thunderstruck, whereas the majority of the Slytherin students just focused on regaining their footing. Those Slytherin students who had already managed to get to their feet shouted insults at the Gryffindor table, and their jeers were slowly being joined in by several Ravenclaw students. Sakura was tempted to join in the retaliation against the unfair accusations from the Gryffindor table.
This came to a head when Professor Flitwick took to his feet on his chair and said in a voice louder than all of the jeering combined, "That's enough." With the volume he spoke, it might have even been magically enhanced.
It was like somebody had thrown a bucket of ice over everybody. The shouting and jeering immediately stopped.
"This is not the way to greet new students into these hallowed halls," Professor Flitwick said. He waived his wand and benches reappeared on both sides of the Slytherin table. "Please, take your seats."
There was some loud muttering from the Slytherins, and one of them called out, "What? Aren't you going to punish them?"
"I take it that is a 'no.' I'd love to punish the culprits who did this, but without proof there's nothing I can do," Professor Flitwick said, staring intensely. It was obvious to Sakura that Professor Flitwick did know who did it and sincerely would like to punish them, but that he wouldn't act without concrete evidence.
Fred and George pointedly ignored him.
The Slytherin boy who had called out took a seat, muttering how unfair it was. He muttered loud enough that the whole room could hear, but Professor Flitwick and the others let him get away with it.
After the confrontation was over, the entire atmosphere of the room changed again. All of the professors kept an eagle-eyed watch over the students, especially on two particular students sitting at the Gryffindor table. Under their watchful gaze the fever-pitch speculation of Harry's absence had quieted considerably, replaced instead with quiet whispering between people who wanted to speak without drawing undue attention to themselves.
Anthony leaned towards Lisa and Sakura and asked, "Quite the coincidence of timing. You think Harry was in on that prank?"
"It could be, except I have not seen him at all for the entire trip. How would they have coordinated it?" Lisa asked.
"Who knows?" Sakura answered, leaning in as well.
In contrast to the exciting trip as a first-year, time passed by slowly in the Great Hall. It passed by even slower after the excitement of the prank against Slytherin at the start of the waiting. The frown of intense watchfulness the various professors wore just made the situation that much more tense and made Sakura that much more acutely aware of each second ticking by. It was not just boring; it was a nervous boredom, like there was a storm about to break.
Eventually the doors pulled open. They revealed the figure of Professor McGonagall followed by the flock of children comprising the first-year students of 1992.
The entire experience was almost a complete mirror image of her own first-year sorting. A sedate carriage ride instead of the amazing revelation of Hogwarts Castle. A friendly camaraderie with people she knew well instead of getting to know a couple of otherwise strangers she happened to have met on a train. Wary boredom instead of a bout of nerves for the upcoming event. In retrospect, Sakura definitely preferred her experience from the other side of the sorting ceremony.
Everybody turned to stare at Professor McGonagall as she lead the children to the front of the room and to the stool where she would eventually place the Sorting Hat. There was literally nothing better to do. Several of the incoming children were gawking at the candles floating in the air and the apparent lack of a ceiling above. Most likely muggle-born children. Even Sakura took that magic for granted now, despite how impressed she had been when she had first seen it.
Sakura quickly spotted Syaoran. He didn't stand out exceptionally, being about the same height as the younger students despite being some two or three years older than them. Still, with the strength of his magic shining through, it was easy for Sakura to feel which area to look in. From there it was a simple matter to pick out her boyfriend from the crowd. He was still walking next to Luna.
Once everybody had gathered in a cluster at the front of the room, Professor McGonagall pulled out the dingy, pointed Sorting Hat and placed it on the stool. It sat there in quiescence for several seconds before the mouth of the hat near its brim cracked open and it began to sing.
"We welcome students one and all
from London to Dundee,
From Dublin and from places known
to points across the sea.
"Dear Hogwarts greets you and your kind
wherever you are from.
Your only precondition is
to learn and want some fun.
"Hogwarts was started years ago
by four founders renown,
each brought with them unique talents
and tools to teach around.
"For Gryffindor the greatest trait
is bravery all times,
to stand firm in the darkest hour
knowing all will turn out fine.
"Wise Ravenclaw thought you should place
wit highest of all things;
important for the humble man,
essential for great kings.
"For Slytherin, strength, cunning, and
blood purity were best,
and with them all a wizard would
stand out above the rest.
"And finally for Hufflepuff
was loyalty most dear.
With friendship and with true allies
there's nothing you should fear.
"With all these virtues featured here
you may want to know
to which of these fine houses you'd
be best suited to go.
"To this I tell you, 'worry not,'
they made this hat you see.
Just put me on and I'll tell you
the place where you should be."
It was a tribute to how much Sakura's English had improved that she actually understood what the hat was singing this year, even if she didn't fully appreciate it. That didn't stop her from politely joining in the more enthusiastic applause from the collective student body.
The hat then fell silent and returned to its previous state of quiescence, awaiting its first student.
Professor McGonagall stepped forward, now holding a scroll in front of her. She announced for the benefit of the young students, "When I call your name, take a seat on the stool and place the hat upon your head to be sorted. Alden, Andrea!"
A young girl who Sakura could actually see shaking from nervousness made her way forward to the hat. Sakura could sympathize, remembering her own nerves during her sorting. It had been stressful for her, and she had even known what to expect when her turn had come up. To be the first person would be just that much worse.
Andrea sat on the stool and gingerly placed the hat on her head. After a couple of seconds it dutifully announced, "HUFFLEPUFF!"
There was some light cheering from the Hufflepuff table as Andrea took the hat off her head. Her uniform was already forming the yellow and black tie and badger house crest signifying the Hufflepuff house. She dazedly took to her feet and made her way over to the their table.
The announced boy confidently made his way up to the just vacated stool to take his turn. Despite this Eric wasn't actually the focus of attention in the room. Behind him one of the first-year girls had pulled out a newspaper and was unfolding it. Her straggly blonde hair was unmistakable, if the action of reading a newspaper in the middle of the sorting ceremony hadn't been enough of a clue.
It was Luna.
"What does she think she is doing? Does she have no manners or common sense?" Lisa asked. At a whisper, of course.
Anthony let out of groan of exasperation and whispered back, "No. I think she actually doesn't. You didn't sit with her for half the trip here."
"You know her?" Lisa asked. In the background there was some a smattering of claps as Eric was sorted, although Sakura wasn't even paying attention.
"We met her on the ride here. Her name is Luna, and she's a bit..." Sakura hesitated, trying to find the most appropriate adjective to use, "...odd."
"'Odd' is not the word to use. My aunt Gretchen is 'odd.' Luna's outright crazy. She should be attending St. Mungo, not Hogwarts. I really hope she gets sorted into another house," Anthony said.
"I see," Lisa said, and returned to staring at the girl.
The sorting continued apace. Nobody actually tried to stop Luna from reading her newspaper. It was probably upside down again, although it was too far away for Sakura to be sure. One thing that was certain was that Luna was the center of attention in the room, rather than the hat or the students being sorted one at a time. Most of the student body and many of the professors were openly staring at her.
After what seemed like far too long, Professor McGonagall eventually announced, "Li, Syaoran!"
That caught Sakura's attention. She watched as Syaoran approached the stool with determination, picked up the hat, hesitated only for a moment, and then pulled it over his head.
A second ticked by. Sakura held her breath.
A second ticked by. The already glacial slowness of time seemed to freeze.
A second ticked by. Syaoran fidgeted in his seat.
A second ticked by. Had all of the sortings taken this long?
A second ticked by. Sakura chanced a quick glance around the room, but nobody else seemed to think anything was amiss.
A second ticked by. What was taking so long?
A second ticked by. The hat opened its mouth.
"SLYTHERIN!"
Sakura expelled her breath, disappointment crushing her hopes. Syaoran looked less than pleased as well, his face reflecting Sakura's own feelings as the emblems of Slytherin formed on his uniform. By far he was the most disappointed person so far with his sorting. He gave a defeated look towards Sakura, and then slowly trudged his way over to the lightly cheering Slytherin table.
"Lovegood, Luna!" Professor McGonagall announced, ignoring the drama which had just unfolded before her.
Luna didn't respond.
"I said, 'Lovegood, Luna!'" Professor McGonagall announced again, slightly louder and definitely more annoyed. This caused a titter of laughter across the various tables.
This time Luna did start moving forward, folding her newspaper under her arm and drifting her way towards the stool in front. When she got within an arm's reach of the hat she stopped and then loudly protested, "You want me to put that on? It looks like the perfect breeding ground for wrackspurts."
Luna didn't say anything more, but picked up the hat by its tip and then used her folded newspaper to beat it a couple of times.
Sakura could almost see the thoughts floating around everybody's head, echoing Anthony's earlier statement. She genuinely thought this might be the first time that every house hoped that the new student would be sorted into somebody else's house.
Luna then sat down on the table and gingerly, carefully, placed the hat on her head just so.
Time ticked by.
More time ticked by.
Even more time ticked by.
Sakura was sure that this was the longest sorting that she had ever experienced. It felt even longer that Syaoran's sorting, and given how nervous she had been for Syaoran's sorting that meant something.
Still even more time ticked by.
Yet still even more time ticked by.
"RAVENCLAW!" the hat eventually announced. It could have been her imagination, but Sakura swore she could hear a question mark coloring that declaration.
Nobody in Ravenclaw seemed too happy as Luna's tie took on the colors of her house. This might be the first time that other houses clapped and cheered more than the receiving house did upon getting a new member. There were a tint of laughter as well, but it wasn't loud enough to single out any specific person.
Luna didn't seem to notice as she took the Sorting Hat off her head. She proceeded to hit herself on the head a couple of times with her newspaper before making her way over to the Ravenclaw table.
"Great... So we get the crazy witch," Anthony said. "Do you think we can trade?"
Before Sakura could respond she noticed that Luna wasn't just walking towards the Ravenclaw table; she seemed to be walking directly at her. This appearance quickly proved to be reality as Luna came to a stop just between Sakura and Lisa. She then stepped over the bench and forced herself in between the two girls. The motion was awkward because not only was there not enough space for her, there wasn't even a place setting there. This had the effect of pushing Sakura into her neighbor, who pushed into his neighbor, who pushed into his neighbor, and so on down the line until an open place setting was found.
Lots of dirty glares were directed to the newly sorted Ravenclaw girl, who seemed oblivious to them all. Instead Luna turned to Lisa and hit her on the head with her newspaper.
"What was that for?" Lisa protested.
"I'm sorry. It seems I was too slow," Luna said. She then unfolded her newspaper and started reading it again. Upside down.
Lisa stared at the young girl in shock and confusion, clearly at a loss for what to say in response.
"I told you so," Anthony said to Lisa, barely masking his voice.
Sakura probably wouldn't have cared half as much if Luna had been reading her newspaper normally, but that it was upside down just intrigued her. She couldn't help but look over Luna's shoulder, trying to discover what had caught the odd girl's attention so much that she continued to read it while the sorting ceremony was still ongoing.
Sakura's efforts were put to a halt when Luna turned the page. Rather than start over again with a new paragraph, which would most likely be interrupted again given how slowly Sakura was forced to read, she instead turned her attention back to the sorting taking place in the front of the room. She might not care very much about any of the remaining new students, but it was more interesting that reading out upside down letters one at a time.
The sorting continued for another couple of students before she noticed something. Sakura turned to her neighbor, the one who wasn't reading a newspaper, and asked the older boy she didn't really know, "Is it just me or does it seem like everybody doesn't care as much about this sorting as last year?"
The boy next to her answered, "It's to be expected, isn't it? Harry Potter's not being sorted this year. Last year was special because everybody wanted to know where he'd go, but usually the sorting feels like more of a formality than anything. I know I'd skip it if I could."
"That's kind of sad," Sakura said.
"Maybe, but what can you do? If it's not your year then it's not like it'll affect you all that much. Even if it did it's not like we know anything about the firsties yet, except for, you know..." the boy said, gesturing with his head at Sakura's other neighbor
Sakura nodded in understanding. If it hadn't been for Syaoran's being sorted, and in an odd way Luna's being sorted as well, she probably wouldn't have noticed any of the sortings this year at all. In fact, besides those two, she honestly couldn't remember where anybody else had been placed despite it having happened only minutes ago. It was kind of boring.
"You should have brought something to read too," Luna casually remarked to Sakura, catching her by surprise. "Do you want to part of my paper? I've already finished half of it."
"No, thank you," Sakura said. She didn't think she had it in herself to be so rude as to read a newspaper during the ceremony.
The only remaining sorting Sakura took notice of was when one "Weasley, Ginevra" got sorted into Gryffindor, and that had as much to do with her being the last student as it did with the recognized and infamous Weasley name.
Her task done, Professor McGonagall rolled up the scroll and picked up the Sorting Hat. Professor Dumbledore then got to his feet, bringing the room to silence.
"Welcome everybody!" he announced. "Welcome to another new year at Hogwarts. I hope your heads have had a chance to empty out over the summer so we can fill them up with brand new things. I have nothing to say before we begin the banquet, so I hope you'll indulge me. Thank you!"
Professor Dumbledore then sat down. All of the plates in the hall were now covered with food.
Long accustomed to the magical appearance of dishes during special events, Sakura wasn't put off and quickly joined in with everybody else and helped herself. The dinner passed by quickly, as tasty and heavy as she remembered from her past meals at Hogwarts. Everybody seemed to be in good spirits. The mystery of the missing Harry Potter wasn't forgotten as such, but people were more than happy to push it to the side in favor of the delicious feast. Sakura spent her time in equal parts feeding herself, sneaking food to Keroberos, and exchanging longing glances with Syaoran across the room. He exchanged them back just as longingly.
Early in the meal, Sakura noticed Professor McGonagall lean over and whisper something to Professor Dumbledore in the front of the room while pointing to the Gryffindor table. He said something back, but whatever it was it didn't seem to make her very happy. Professor McGonagall subsequently stood up and proceeded to walk out of the room. This might have been predictable given the still missing Harry Potter.
As expected, in the middle of the meal, as Sakura happened to be sneaking Keroberos a large sausage, the various ghosts appeared. Nearly Headless Nick flew down the Gryffindor table, meeting and greeting several of the new students. The Fat Friar did the same for the Hufflepuff table, just as jolly as Nearly Headless Nick was carefree.
The Bloody Baron made an appearance as well, descending directly in front of Syaoran as he was being nudged by one of his neighbors who was simultaneously pointing at Sakura and saying something. She wondered what they were talking about. Syaoran just waved both his neighbor and the ghost off.
Grey Lady did not make an appearance.
Once everybody, even Keroberos, had had their fill and more, plus a bit of dessert just to be on the safe side, Professor Dumbledore took to his feet again. The hall once again fell silent.
"Now that you are all no longer in danger of starving to death, I have just a few start-of-term notices to add before I bid you all a good evening. First, for the new students, you should note that the forest on the grounds is off-limits for all pupils. A couple of older students would do well to remember that as well," Professor Dumbledore said, directing his gaze primarily at the Gryffindor table as he said this.
"Second, the hallways near the greenhouses are currently being re-charmed so that area will be off limits for the first two months of the year. Anybody caught there will be severely punished, and should see Madam Pomfrey about regrowing their hair. Third, Mr. Filch, our caretaker, has asked me to remind you that magic should not be used in the corridors between classes," Professor Dumbledore announced. The perpetually grouchy and seemingly stooped Mr. Filch standing in the back corner of the room grumped a bit at that announcement.
"Fourth, the Quidditch trials will be held on the third week of the term this year. Anybody interested in playing for their house team should contact Madam Hooch. Finally, as you are all aware, Professor Quirrel has moved on and is no longer teaching here. So for this year, we have a new Defense Against the Dark Arts professor, Gilderoy Lockhart..." Professor Dumbledore announced.
The students, more girls than boys, started clapping and cheering at that announcement. The named professor took to his feet, flashed a brilliant smile to the students, and said before Professor Dumbledore could resume speaking, "Thank you, thank you. It's a pleasure to be here. When Professor Dumbledore begged me to come teach at Hogwarts, I was honored. Of course it was only natural for him to come to somebody as capable as me with my Order of Merlin, my membership in the Dark Force Defense League, and my five-time winning of 'Witch Weekly's' Most Charming Smile Award. But this isn't about me; it's about what I can do for you. The prestige, the honor, and the skills you can only develop under a world-class wizard like myself. With my knowledge and experience, I'll see to it that each and every one of you will be the best you can be. The world can be a dangerous place, let me tell you. Like the time I faced down the Wagga Wagga Werewolf who was terrorizing that village before I was able to corner the beast and cast a Homorphus charm, forcing it back to human form."
"Exactly right," Professor Dumbledore deftly interjected himself before Professor Lockhart could continue. "We're all grateful that you have decided to join this fine institution. With that said, I'm sure everybody is eager to get to bed and have a fresh start for the fresh school year, but before that, let's sing the school song!"
Several of the teachers' faces took on a distinctively wooden smile at this declaration. Professor Dumbledore didn't seem to notice as he flicked his wand, causing a golden ribbon to emerge, float up in the air, and spell out some lyrics.
"Everyone pick your favorite tune, and off we go!" Professor Dumbledore announced, and then started the singing.
Sakura's English might have improved to the point that she could understand the song the Sorting Hat had sung, but it hadn't improved to the point of understanding the cacophony of noise which followed Professor Dumbledore's lead. In fact she was relatively sure that even native speakers of English would have had a hard time following the complete mix of tempos, melodies, harmonies, and mumblings which comprised the alleged song. Sakura just closed her eyes and tried to shut her ears to the noise all around her, unknowingly mimicking a very similar behavior from Luna right next to her. It finally came to an end with Fred and George, singing arm in arm what sounded like a slow dirge. They continued for some two minutes after the last of the other singers had ended.
"The magic of music," Professor Dumbledore wistfully. "With that, off to bed. Good evening, everybody."
Sakura gave a quick wave to Syaoran, who returned it. Then the sound of the multitude of Hogwarts students simultaneously climbing to their feet resonated around the Great Hall, and order was lost to the room.
When Richard and Penelope, the two prefects who were leading the Ravenclaw students to Ravenclaw Tower, reached the stairs to climb into the dormitories, as was tradition Sakura and the other returning students slowed down and let the first-year students take the lead so they might to hear the riddle and its answer. She still found herself closer to the front than the back of the group, and was easily in earshot to hear the knocker ask, "What is the most significant number in Arithmancy."
"Of all the rotten... I'm pants at Arithmancy. What did Professor Vector say last year? I think it's seven..." Richard, the prefect who was leading the group, mused out loud. "A little help here, Penelope?"
"It's not seven. Seven may one of the most powerful numbers but the question was what is the most significant number," Penelope said, coming to the rescue of her fellow prefect. Then, directing herself to the door to Ravenclaw Tower, she answered, "Numbers only derive their meaning in relation to other numbers, so there is no single most significant number in Arithmancy."
"Well reasoned," the knocker said before the door swung open.
Richard then said, "Well, there goes my chance of impressing all you first-years, but let that be a lesson to you. To succeed in Ravenclaw you'll need your wits and a wide breadth of knowledge, but that alone won't be enough. Many a time you'll be stuck somewhere. Maybe doing your homework, or maybe trying to open the door to the dorms at night. Don't be afraid to ask for help, and be willing to help others who are in need of it."
Sakura nodded to herself. She had lost count of the number of times she had been trying to get into the dorm rooms and had been faced with an unanswerable question. She knew she wasn't alone. If the door didn't quickly change away from the topic of Arithmancy, or maybe magic theory if that was what it was currently questioning, she had a sneaking feeling that her first lockout of the year might be the next time she tried to enter the dorm rooms on her own.
Once all of the first-year students filed into the Ravenclaw Common Room, Sakura joined with the others in following in afterward. There was some token discussion floating around about the still missing Harry Potter, but it was nothing Sakura really wanted to get involved in. Instead she made her way to her dorm room. She found to her surprise that it was the same as the room she had had the previous year. In fact there was no overt indication that anything had changed from the previous year, excepting the different contents of Sakura's luggage and the sign on the outside of the door now labeling the room as now belonging to second-year students.
Thus it was easy for Sakura and Lisa to join the already unpacking Deborah and Linda and quickly settle in prior to going to bed. It all went very smoothly. Deborah didn't try to glomp onto Keroberos even once, no matter how much it looked like she was tempted to.
Last Updated: April 3, 2014
The author would like to thank you for your continued support. Your review has been posted.
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{
"pile_set_name": "Pile-CC"
}
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Q:
R言語 for文での変数名の変更について
R言語でのfor文の変数名の変更の仕方が分かりません。
例えば，，，data_01,data_02,data_03 があり，
for(i in 1:2){
data_i<-data_i+1
｝
このようにしたいのですが，やり方が分かりません。
よろしくお願いします。
A:
get() と assign() を使う方法です。
data_01 <- 1
data_02 <- 2
data_03 <- 3
print(c(data_01, data_02, data_03))
for(i in 1:3){
nth <- paste0("data_", formatC(i, width=2, flag="0"))
assign(nth, get(nth) + 1)
}
print(c(data_01, data_02, data_03))
=>
[1] 1 2 3
[1] 2 3 4
|
{
"pile_set_name": "StackExchange"
}
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Fragile X syndrome (FXS) is the most common form of inherited cognitive impairment, and children with this disorder often have additional behavioral and neurological problems, including increased anxiety, autistic tendencies, hyperactivity and epilepsy. Since the GABA system plays an important role in regulation of the neural systems involved in these behavioral phenotypes, GABA system deficits could be present in FXS. While alterations in GABAA receptors (GABAARs) have been identified, knowledge of the regional and cellular localization of changes in GABAAR subunits remains very limited. Thus, the broad goal of this project is to test the hypothesis that expression and localization of specific subunits of the GABAAR are altered during postnatal development in a mouse model of FXS and that these changes are associated with functional deficits, including increased neuronal excitability and altered anxiety- related behavior. Specific Aim 1 will identify changes in the 12 subunit of the GABAAR in Fmr1 knockout mice that lack the Fragile X mental retardation protein (FMRP), using immunohistochemical methods. Importantly, the patterns of expression of the 12 subunit will be followed throughout early postnatal development in wild-type and Fmr1 knockout mice in order to identify early changes that could be associated with loss of FMRP function and precede potential compensatory changes that may become apparent later in life. Specific Aim 2 will identify functional deficits that could be associated with altered expression of the 12 subunit in Fmr1 knockout mice. In vitro electrophysiological studies will be used to assess GABAergic function at the axon initial segment of dentate granule cells where the 12 subunit is normally prominent and where a loss of 12 subunit-containing GABAARs could influence axon potential generation and increase granule cell excitability. Behavioral tests will be used to evaluate the anxiolytic and sedative effects of a classical benzodiazepine that could be altered in response to GABAAR subunit changes in Fmr1-deficient mice. Specific Aim 3 will identify changes in the expression and localization of the 4 subunit of the GABAAR in the Fmr1 knockout mouse and determine if such changes are reflected in alterations in tonic inhibition and its modulation by neurosteroids in the dentate gyrus. Specific Aim 4 will determine if GABAAR-related pharmacological treatment will ameliorate some of the behavioral changes and GABAAR subunit deficits in Fmr1 knockout mice. These studies will provide unique information about GABAAR subunit alterations during postnatal development in a mouse model of FXS and could provide a framework for new GABAAR subunit-targeted treatments for this disorder.
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{
"pile_set_name": "NIH ExPorter"
}
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Q:
Value of $\beta$ in Boltzmann statistics when degeneracy of quantum states is taken into account
The relationship between entropy $S$, the total number of particles $N$, the total energy $U(\beta)$, the partition function $Z(\beta)$ and a yet to be defined constant $\beta$ is:
$$S(\beta)=k_BN \cdot \ln(Z(\beta)) - \beta k_B \cdot U(\beta)$$
Which leads to:
$$\frac{dS}{d\beta} = -k_B\beta \cdot \frac{dU}{d\beta}$$
And since $dS = \frac{dU}{T}$ this means that $\beta = -\frac{1}{k_BT}$ Source starting from sheet 40
However, this derivation does not take the degeneracy of quantum states into account. If it does then $S(\beta)$ would have an extra parameter in its formula. If the number of quantum states of an energy level is $g_j$, then I'd conclude:
$$S = k_BN \cdot \ln(Z(\beta)) - k_B\beta\cdot U(\beta) + k_B \cdot \sum^n_{j=1}\bigg[\ln(g_j)\cdot \frac{N}{Z(\beta)} \cdot e^{\beta E_j}\bigg]$$
Since $\ln(g_j) = \ln\big(\frac{N}{Z(\beta)}e^{\beta E_j}\big)- \beta E_j - \frac{N}{Z(\beta)}$, this would eventually give me:
$$\frac{dS}{d\beta} = k_B\cdot\left( - \beta\cdot\frac{dU}{d\beta} + \frac{U(\beta)\cdot N}{Z(\beta)} - U(\beta) \right)$$
Derivation. But using again $dS = \frac{dU}{T}$, this relationship does not give $\beta = -\frac{1}{k_BT}$.
Is it permitted for $\beta$ to have a different value than $-\frac{1}{k_BT}$ when quantum states is taken into account or am I misunderstanding something here?
A:
I have figured it out.
The way I included degeneracy was correct but I made some subtle mistakes during substitution of some parameters.
The formula for $\ln(\Omega)$ when degeneracy $g_j$ is taken into account is:
$$\ln(\Omega)= N \cdot \ln(N) - N - \sum^n_{j=1}[n_j \cdot \ln(n_j) - n_j] + \sum^n_{j=1} [\ln(g_j) \cdot n_j]$$
Substituting $n_j = g_j \cdot \frac{N}{Z} \cdot e^{\beta E_j}$ (I erroneously left out the $g_j$ during this substitution) along with rewriting, splitting the summations and simplifying eventually gives me:
$$\ln(\Omega) = N \cdot \ln(Z) - \beta U$$
Which is the exact equation as when degeneracy is not taken into account, and thus I get the same value for $\beta$ when taking the derivative of $S = k_B \cdot \ln(\Omega)$ and putting it next to the equation of entropy $dS = \frac{dU}{T}$.
Details Derivation
Formula for $\ln(\Omega)$ when taking degeneracy into account
$$\ln(\Omega)= N \cdot \ln(N) - N - \sum^n_{j=1}[n_j \cdot \ln(n_j) - n_j] + \sum^n_{j=1} [\ln(g_j) \cdot n_j]$$
According to Boltzmann Statistics $n_j = g_j \frac{N}{Z} e^{\beta E_j}$. Furthermore, $\ln(n_j) = \ln\big(g_j \frac{N}{Z}\big) + \beta E_j$. Substituting these parameters:
$$\ln(\Omega)= N \cdot \ln(N) - N - \sum^n_{j=1}\bigg[g_j \frac{N}{Z} e^{\beta E_j}\cdot \bigg(\ln\big(g_j \frac{N}{Z}\big) + \beta E_j\bigg) - g_j \frac{N}{Z} e^{\beta E_j}\bigg] + \sum^n_{j=1} \bigg[\ln(g_j) \cdot g_j \frac{N}{Z} e^{\beta E_j}\bigg]$$
Splitting the 1st summation into 3 summations between the + and – signs and removing the brackets that appear after splitting:
$$\ln(\Omega)= N \cdot \ln(N) - N - \sum^n_{j=1}\bigg[g_j \frac{N}{Z} e^{\beta E_j}\cdot \ln\big(g_j \frac{N}{Z}\big)\bigg] - \beta\sum^n_{j=1}\bigg[g_j \frac{N}{Z} e^{\beta E_j} \cdot E_j)\bigg] + \sum^n_{j=1}\bigg[g_j \frac{N}{Z} e^{\beta E_j}\bigg] + \sum^n_{j=1} \bigg[\ln(g_j) \cdot g_j \frac{N}{Z} e^{\beta E_j}\bigg]$$
The 2nd summation is equal to the total energy $U$, and the 3rd summation is equal to the total number of particles $N$ which cancels the $-N$ term.
$$\ln(\Omega)= N \cdot \ln(N) - \sum^n_{j=1}\bigg[g_j \frac{N}{Z} e^{\beta E_j}\cdot \ln\big(g_j \frac{N}{Z}\big)\bigg] - \beta U + \sum^n_{j=1} \bigg[\ln(g_j) \cdot g_j \frac{N}{Z} e^{\beta E_j}\bigg]$$
In the 1st summation term, substituting $\ln\bigg(g_j \frac{N}{Z}\bigg) = \ln(g_j) + \ln\big(\frac{N}{Z}\big)$ and then splitting that summation between the newly created + sign as well and removing the appearing brackets:
$$\ln(\Omega)= N \cdot \ln(N) - \sum^n_{j=1}\bigg[g_j \frac{N}{Z} e^{\beta E_j}\cdot \ln(g_j)\bigg] - \ln\big(\frac{N}{Z}\big) \sum^n_{j=1}\bigg[g_j \frac{N}{Z} e^{\beta E_j}\bigg] -\beta U + \sum^n_{j=1} \bigg[\ln(g_j) \cdot g_j \frac{N}{Z} e^{\beta E_j}\bigg]$$
The first and 3rd summations cancel each other out. The 2nd summation is equal to $N$, giving:
$$\ln(\Omega)= N \bigg(\ln(N) - \ln\big(\frac{N}{Z}\big)\bigg) - \beta U$$
Since, $\ln(N) - \ln\big(\frac{N}{Z}\big) = \ln(Z)$, this gives:
$$\ln(\Omega) = N\cdot \ln(Z) - \beta U$$
The $Z$ and $U$ are functions of $\beta$. Equation for entropy is $S = k_B \cdot \ln(\Omega)$. Thus deriving $\frac{dS}{d\beta}$:
$$\frac{dS}{d\beta} = k_B \bigg(\frac{N}{Z} \cdot \frac{dZ}{d\beta} - \bigg(U + \beta \frac{dU}{d\beta}\bigg)\bigg)$$
Since $\frac{dZ}{d\beta} = \frac{UZ}{N}$ this gives:
$$\frac{dS}{d\beta} = -k_B \cdot \beta \frac{dU}{d\beta}$$
Knowing that $dS = \frac{dU}{T}$ (when a fixed volume is assumed), this yields:
$$\beta = - \frac{1}{k_B T}$$
|
{
"pile_set_name": "StackExchange"
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<!doctype html>
<title>CodeMirror: Web IDL mode</title>
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[NamedConstructor=Image(optional unsigned long width, optional unsigned long height)]
interface HTMLImageElement : HTMLElement {
attribute DOMString alt;
attribute DOMString src;
attribute DOMString srcset;
attribute DOMString sizes;
attribute DOMString? crossOrigin;
attribute DOMString useMap;
attribute boolean isMap;
attribute unsigned long width;
attribute unsigned long height;
readonly attribute unsigned long naturalWidth;
readonly attribute unsigned long naturalHeight;
readonly attribute boolean complete;
readonly attribute DOMString currentSrc;
// also has obsolete members
};
partial interface HTMLImageElement {
attribute DOMString name;
attribute DOMString lowsrc;
attribute DOMString align;
attribute unsigned long hspace;
attribute unsigned long vspace;
attribute DOMString longDesc;
[TreatNullAs=EmptyString] attribute DOMString border;
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{
"pile_set_name": "Github"
}
|
[Investigation and analysis of the prevalence and risk factors for impaired fasting glucose in outpatients with essential hypertension].
To evaluate the prevalence of impaired fasting glucose (IFG) in outpatients with essential hypertension and the influencing factors. 1026 essential hypertensive outpatients aged 15 - 87 years [531 males and 495 females, mean age (51.6 +/- 12.5) years] who visited Xuanwu hospital between February 2004 and January 2007 were recruited in the study. Their medical history, blood pressure, height, weight, waist circumferences (WC), hip circumference (HC), fasting plasma glucose (FPG), TC, TG, LDL-C, HDL-C were detected and analyzed. The abnormal rate of FPG in hypertensive outpatients was 38.5% and incidence of IFG was 30.5%. The differences of gender, systolic blood pressure, BMI, waist-to-hip ratio (WHR), TG, TC between the normal glucose group and the IFG group were significant. Gender, family history of diabetes mellitus, TC and LDL-C enter into the logistic regression model (P < 0.05). The detection rate of IFG is high in hypertensive outpatients and it is related with gender, family history of diabetes mellitus and disorders of lipid metabolism.
|
{
"pile_set_name": "PubMed Abstracts"
}
|
401 N.W.2d 662 (1987)
Beverly DORN, Respondent,
v.
LIBERTY MUTUAL FIRE INSURANCE COMPANY, Petitioner, Appellant.
No. C3-86-250.
Supreme Court of Minnesota.
March 6, 1987.
Michael S. Kreidler, Minneapolis, for appellant.
Douglas E. Schmidt, Minneapolis, for respondent.
Heard, considered, and decided by the court en banc.
YETKA, Justice.
This case comes on appeal from the court of appeals' decision based on its reading of the relevant statute that appellant's insurance policy covered injuries suffered by respondent in an automobile accident. We affirm in part, but reverse the award of $60,000 and remand to the trial court for entry of judgment for $25,000.
The facts giving rise to this lawsuit have been stipulated to by the two parties. Beverly Dorn was involved in a motor vehicle accident on June 19, 1978, while riding as a passenger in an automobile operated by her daughter, Wanda Lucius. There was a second motor vehicle involved in this accident which was owned and operated by Diane Kay Onken. There was no automobile liability insurance in effect on the Onken automobile at the time of the subject accident *663 and Onken was uninsured. At the time of the accident, there was in effect a policy of automobile liability insurance issued by appellant Liberty Mutual Fire Insurance Company (Liberty Mutual) to Walter Lucius, the husband of Wanda Lucius. This policy of insurance provided coverage for two motor vehicles owned by Walter Lucius and included uninsured motorist coverage which provided $60,000 in uninsured motorist coverage for each person/each accident.
The injuries and damages sustained by Wanda Lucius were of a serious and permanent nature and she subsequently applied to Liberty Mutual for payment of the limits of the uninsured motorist coverage provided by its policy. On May 21, 1982, Wanda Lucius accepted the sum of $120,000 in uninsured motorist benefits, the limits of such coverage under the policy. Respondent Dorn admits that the settlement of the uninsured motorist claim of Wanda Lucius in the amount of $120,000 was reasonable and provident.
Dorn subsequently notified Liberty Mutual on March 27, 1984, nearly 2 years later, of her intent to present a claim for uninsured motorist benefits. The parties arbitrated the uninsured motorist claim of Dorn against Liberty Mutual for the purpose of determining the value of that claim. The arbitrator decided that the uninsured motorists claim of Beverly Dorn was worth in excess of $60,000.
On January 17, 1985, the present lawsuit was commenced in district court. The court found that Liberty Mutual's policy did cover Dorn's injuries, and the court of appeals affirmed that decision. Both awarded Dorn $60,000.
The issues raised on appeal are:
I. Does the insurance policy provide a single limit to recovery from an accident regardless of the number injured?
II. What are the policy limits if the policy is found statutorily invalid?
The face sheet of the policy limits under-insured motorists insurance to $60,000 for "ea. person/ea. acc." The language of this policy is, thus, not ambiguous. It offers coverage of $60,000 for each person, but the maximum for each accident is also $60,000. The same law firm represented both Wanda Lucius and Beverly Dorn, Lucius being the daughter of Dorn. Thus, counsel for both sides in this case were well aware when they settled the Wanda Lucius case that the policy limits had been exhausted. Respondent's attorney admitted at oral argument that, at the time of Lucius' settlement, Dorn's objective was to see her daughter compensated to the fullest. Her own claims were secondary to her at that time.
Almost 2 years later, Dorn filed a separate claim alleging that the policy also covered her for $60,000. Since the policy language, as noted, unambiguously limits recovery to $60,000 per accident, the basis for this claim can only be that applicable statutes prevent the first claimant from exhausting the policy limits. Minn.Stat. § 65B.49, subd. 4(1) (1978), effective at the date of this accident, stated in part as follows:
No plan of reparation security may be renewed, delivered or issued * * * unless coverage is provided therein or supplemental thereto, in the amounts of $25,000 because of injury to or the death of one person in any accident, and subject to the said limit for one person, $50,000 because of bodily injury to or the death of two or more persons in any one accident * * *.
Id. (emphasis added).
There would be no reason to differentiate the limits of $25,000 for each person and $50,000 for each accident if the legislature intended that a single insured could collect the total policy limits and thus preclude all others from recovering. A 1985 statutory amendment clarifies this section further to make it clear that that was the legislative intent. In 1985, the subdivision above quoted was amended to read:
The coverages combined, at a minimum, must provide limits of $25,000 because of injury to or the death of one person in *664 any accident and $50,000 because of injury to or the death of two or more persons in any accident. In the case of injury to, or the death of, two or more persons in any accident, the amount available to any one person must not exceed the coverage limit provided for injury to, or the death of, one person in any accident. For purposes of this subdivision, uninsured motorist coverage and under-insured motorist coverage shall be a single coverage.
Minn.Stat. § 65B.49, subd. 3a(1) (1986) (emphasis added) (Act of May 21, 1985, ch. 168, § 11, 1985 Minn.Laws 455, 458).
We agree with both lower courts that Wanda Lucius could not exhaust the policy limits, but that leaves open the question of what amount Dorn is entitled to collect. The trial court and the court of appeals, 392 N.W.2d 277, both held that she could collect $60,000, the amount specified in the policy as the limit for each person. Respondent's counsel cites our case of Burgraff v. Aetna Life & Casualty Co., 346 N.W.2d 627 (Minn.1984), as authority. However, that case dealt with the determination of whether an insurance policy exclusion complied with the statute. It did not decide the question presented in this case: how an insurance policy is to be rewritten once it is found to violate the statute.
The court finds that the policy should be rewritten to require a $25,000 statutory coverage available to Dorn, not the $60,000 allowed by the trial court.
The court of appeals is thus affirmed in finding coverage, but reversed on awarding $60,000. The case is remanded to the trial court to allow Dorn to recover $25,000.
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German Patent Disclosure Document DE-OS 27 41 596 describes a printing machine system, particularly for newspaper printing, in which the paper web is passed through a printing unit in essentially vertical direction. The path of the substrate web can be changed, so that regions of the machine which, in operation, are covered by the substrate web, can be made accessible, for example for maintenance work on the elements of the printing machine. The paper web is guided over a pair of deflection rollers, independently of the position of a working platform and the operating state of the machine, by being looped in an essentially S-shaped path about the deflection rollers which are positioned beneath a vertically movable working platform. The working platform can even be moved during operation of the printing machine without changing the length of the substrate path within a height difference which is determined by the upper edge of an intermediate platform bottom through which the substrate is carried to the first deflection roller and an additional further deflection roller, located in advance of the printing unit and fixed in position. The paper web is passed from the fixed further deflection roller to the second deflection roller on the work platform. When the work platform is raised, the lower printing cylinders are accessible to operators and mechanics for cleaning, maintenance and the like. When the platform is lowered, operators and mechanics can step on the platform and have access to the upper components, cylinders and rollers of the printing machine.
Rotary printing machine systems having a plurality of printing units or printing stations which are constructed in row arrangement, through which the web passes in essentially horizontal direction, cannot use the system described in the above referenced Disclosure Document 27 41 596, since the height difference of the printing machine elements, which are a condition for maintenance and moving of the platform without changing the web length no longer is available. If an S-shaped loop in the web path about deflection rollers is arranged in sequential, row-type printing stations of a composite printing machine, interference with the printed subject matter would result since ink printed on a substrate would not have time to dry and, thus, smearing of the freshly printed subject matter on the substrate would result.
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{
"pile_set_name": "USPTO Backgrounds"
}
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Report Inaccurate Information
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About American Medical Group
American Medical Group
is an urgent care center in Hobbs, NM
located at 2410 N Fowler St., .
They are open 5 days a week seeing walk-in patients in Hobbs
and offer extended hours.
American Medical Group appears to be individually owned and operated and not part of a larger network
of urgent care clinics. There are, however, 0 walk-in clinics within 20 miles of Hobbs
in cities including .
As an urgent care center, American Medical Group provides non-emergent medical
care most typically referred to as urgent care services. This category
of medicine includes the treatment of allergies, asthma, broken bones
and sprains, burns, cold and flu symptoms, ear, sinus and respiratory
infections, insect and animal bites, stomach viruses, skin rashes and
most other non-life threatening injuries, illnesses and conditions.
Additionally common health assessments are typical service offerings
including annual and school physicals and STD tests.
While this urgent care does offer assistance with immediate health care
needs, if you are suffering from a true medical emergency, go to the
emergency room in Hobbs, NM or call 911 immediately.
Find Urgent Care Near Me
What is Urgent Care Locations?
Urgent care is one of the fastest growing fields in
healthcare today with an estimated 10,000 clinics in
the United States. This includes traditional urgent care
centers, pediatric urgent care centers, retail clinics,
occupational medicine providers and primary care offices
that offer extended and see walk-in patients. The problem
is most of these clinics are owned and operated by
individuals, small physician groups and other independent
operators making them difficult to find and obtain trusted
information about. Our job is to make that easier on the
patients that need them. Through our free online service,
healthcare consumers are able to quickly search, sort and
find urgent care facilities from our directory of
10,186 of
them. But we don't stop there. We’ve painstakingly
verified nearly all of the information presented on the
site, are constantly adding new information and detail
on each location and have given you - the consumer - the
ability to rate and review each location based on your
experience.
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{
"pile_set_name": "Pile-CC"
}
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abstract: 'We have performed magnetic susceptibility, heat capacity, muon spin relaxation, and neutron scattering measurements on three members of the family Ba$_3M$Ru$_2$O$_9$, where $M$ $=$ In, Y and Lu. These systems consist of mixed-valence Ru dimers on a triangular lattice with antiferromagnetic interdimer exchange. Although previous work has argued that charge order within the dimers or intradimer double exchange plays an important role in determining the magnetic properties, our results suggest that the dimers are better described as molecular units due to significant orbital hybridization, resulting in one spin-1/2 moment distributed equally over the two Ru sites. These molecular building blocks form a frustrated, quasi-two-dimensional triangular lattice. Our zero and longitudinal field $\mu$SR results indicate that the molecular moments develop a collective, static magnetic ground state, with oscillations of the zero field muon spin polarization indicative of long-range magnetic order in the Lu sample. The static magnetism is much more disordered in the Y and In samples, but they do not appear to be conventional spin glasses.'
author:
- 'D. Ziat'
- 'A. A. Aczel'
- 'R. Sinclair'
- 'Q. Chen'
- 'H. D. Zhou'
- 'T. J. Williams'
- 'M. B. Stone'
- 'A. Verrier'
- 'J. A. Quilliam'
title: 'Frustrated spin-1/2 molecular magnetism in the mixed-valence antiferromagnets Ba$_3M$Ru$_2$O$_9$ ($M$ $=$ In, Y, Lu)'
---
I. Introduction
===============
The 6H-perovskites, with formula Ba$_3MA_2$O$_9$, have provided fertile ground for recent discoveries in frustrated quantum magnetism. Materials in this family with magnetic $M$-sites have been shown to exhibit quantum spin liquid behavior, in particular 6HB-Ba$_3$NiSb$_2$O$_9$ [@Cheng2011; @Quilliam2016; @Fak2016] and Ba$_3$IrTi$_2$O$_9$ [@Dey2012BITO] while others, Ba$_3$CuSb$_2$O$_9$ [@Zhou2011; @Nakatsuji2012; @Quilliam2012bcso] and Ba$_3$ZnIr$_2$O$_9$ [@Nag2016], exhibit possible quantum spin-orbital liquids. Furthermore, Ba$_3$CoSb$_2$O$_9$ has allowed for some of the first studies on the magnetization process of a truly triangular spin-1/2 antiferromagnet [@Shirata2012; @Zhou2012Co; @Susuki2013; @Koutroulakis2015; @Quirion2015]. The flexibility of this crystal structure means that we are also at liberty to include magnetic 4$d$/5$d$ transition metal $A$-site ions and thereby study spin dimers distributed on a triangular lattice with significant spin-orbit coupling and orbital hybridization. In the case of the ruthenates Ba$_3M$Ru$_2$O$_9$, where $M^{3+}$ is non-magnetic, one obtains a triangular lattice of magnetic, mixed-valence Ru dimers. A total of seven electrons occupy each dimer and this leads to the possibility of charge, orbital and spin degrees of freedom.
For analogous 3$d$ transition metal-based dimer systems with more than two electrons per dimer, Hund’s coupling is usually dominant and therefore needs to be treated before turning to intersite effects such as electron hopping and the interdimer Coulomb interaction. However, recent theoretical [@Streltsov2014; @Streltsov2016] and experimental [@Kimber2012] work has shown that this approach can break down in some 4$d$ and 5$d$ transition metal-based dimer systems, where Hund’s coupling is expected to be significantly weaker due to the spatially-extended $d$-orbitals. This more complicated regime may be realized in the Ba$_3M$Ru$_2$O$_9$ family, as any simple picture based on dominant Hund’s coupling cannot describe all of the known magnetic properties of the Ru dimers.
[ll]{} {width="3in"} & {width="2.5in"}\
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(a) & (b)\
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More specifically, two different magnetic ground states for the Ru dimers in Ba$_3M$Ru$_2$O$_9$ have been proposed previously that are consistent with dominant Hund’s coupling. Doi *et al.* [@Doi2002] first assumed that all seven electrons were localized at particular Ru sites, which leads to Ru$^{4+/5+}$ charge order within the dimers and antiferromagnetic intradimer exchange. They argued that the latter should produce dimers with a magnetic ground state of total spin $S$ $=$ 1/2, which could explain the loss of effective magnetic moment with decreasing temperature in their $M$ $=$ In, Y and Lu magnetic susceptibility measurements and an entropy release of $R \ln(2)$ in their specific heat data at the low temperature magnetic phase transitions ($T_m$ $=$ 4.5, 4.5, and 9.5 K for In, Y, and Lu).
However, their model fails to explain the very different, monotonic susceptibility in the $M =$ La sample, as the intradimer exchange interaction would have to change dramatically, from strongly antiferromagnetic to strongly ferromagnetic with only a tiny modification of the crystal structure. Even if that were possible, the model would imply $S=5/2$ dimers in the La compound which would lead to much larger values of susceptibility than are measured. Furthermore, subsequent neutron diffraction measurements of the Y system found no evidence for the required charge ordering within the dimers down to 2 K [@Senn2013]. For these reasons, the magnetic ground state of the Ru dimers has also been discussed more recently in the context of molecular double exchange [@Senn2013], but this simple model cannot explain the non-monotonic $T$-dependence of the magnetic susceptibility, the low-$T$ entropy release in the specific heat data, and the small ordered moment sizes for the Y and La systems found in neutron diffraction.
This means that there is currently no comprehensive understanding of the magnetic ground states for single Ru dimers in the Ba$_3M$Ru$_2$O$_9$ family. The collective magnetic ground states of these materials may also be interesting in their own right, as the interdimer interactions are likely frustrated due to the triangular lattice geometry of the dimers. For these reasons, we have used magnetic susceptibility, heat capacity, muon spin relaxation ($\mu$SR), and neutron scattering to investigate both the single dimer and collective magnetic properties of the $M$ $=$ In, Y and Lu systems.
II. Experimental details
========================
The polycrystalline samples of Ba$_3M$Ru$_2$O$_9$ ($M$ $=$ In, Y and Lu) studied here were prepared by the standard solid state reaction method. Appropriate amounts of BaCO$_3$, In$_2$O$_3$/Y$_2$O$_3$/Lu$_2$O$_3$ (Y$_2$O$_3$ and Lu$_2$O$_3$ were pre-dried at 980 $^\circ$C overnight), and RuO$_2$ were mixed in agate mortars, compressed into pellets, and annealed for 20 hours in air at temperatures of $900^\circ$C, $1200^\circ$C and $1300^\circ$C, respectively. Magnetic susceptibility and specific heat measurements were performed using *Quantum Design MPMS* and *PPMS* systems. The DC magnetic susceptibility was measured with a magnetic field of 1 kG. AC susceptibility measurements were also performed at various frequencies (from 333 Hz to 9999 Hz) to look for evidence of spin freezing.
Neutron powder diffraction (NPD) was performed with polycrystalline Ba$_3M$Ru$_2$O$_9$ ($M$ $=$ In, Y and Lu) using the HB-2A powder diffractometer of the High Flux Isotope Reactor (HFIR) at Oak Ridge National Laboratory (ORNL). The Lu sample was loaded in a vanadium can, and the data was collected at $T$ $=$ 1.5 K with a neutron wavelength of 1.54 Å and a collimation of 12$'$-open-12$'$. The In and Y samples were loaded in aluminum cans, and the data was collected at $T$ $=$ 3.5 K with a neutron wavelength of 1.54 Å and a collimation of 12$'$-21$'$-6$'$.
Complementary elastic neutron scattering measurements were performed on the fixed-incident-energy triple-axis spectrometer HB-1A of HFIR at ORNL, using the same polycrystalline samples. A series of two pyrolytic graphite (PG) crystal monochromators provided the fixed incident energy $E_i$ of 14.6 meV and two-highly oriented PG filters were placed in the incident beam to remove higher order wavelength contamination. A PG analyzer crystal was located before the single He-3 detector for energy discrimination. A collimation of 40$'$-40$'$-40$'$-80$'$ resulted in an energy resolution at the elastic line of $\approx$ 1 meV. The elastic scattering was measured at 1.5 K for all three samples, with higher temperature background data collected at 20 K for the Lu system and 10 K for the In and Y systems.
Inelastic neutron scattering (INS) measurements were collected on the direct-geometry time-of-flight chopper spectrometer SEQUOIA of the Spallation Neutron Source (SNS) at ORNL, using the same polycrystalline samples loaded in aluminum cans. Spectra were collected at a variety of temperatures by operating in high flux mode (elastic resolution of $\sim$ 4 % $E_i$) with $E_i$ $=$ 50 and 100 meV. The monochromatic incident beam was obtained by using a Fermi chopper rotating at a frequency of either 180 or 240 Hz for $E_i$ $=$ 50 and 100 meV respectively. The background from the prompt pulse was removed with a $T_0$ chopper operating at 90 Hz. An empty aluminum can was measured in identical experimental conditions for a similar counting time. The resulting spectra were subtracted from the corresponding sample spectra after normalization with a vanadium standard to account for variations of the detector response and the solid angle coverage. This procedure ensured that temperature-independent scattering was removed from the spectra before applying the appropriate Bose corrections to calculate $f(Q)^2 \chi''(Q, \omega)$, where $\chi''(Q, \omega)$ is the imaginary part of the dynamic magnetic susceptibility and $f(Q)$ is the magnetic form factor.
Muon spin relaxation measurements were performed at TRIUMF, Canada on the M20 beam line with the LAMPF spectrometer and a He-flow cryostat. Samples were encapsulated in Ag-coated mylar adhesive and suspended between copper supports in the path of the muon beam where they were cooled by helium vapour to as low as $\sim 2$ K. This style of sample mount and a veto counter behind the sample allow us to almost completely eliminate any background asymmetry. Measurements were taken in zero-field (ZF), longitudinal field (LF), and weak transverse field (TF) geometries using forward and backward positron counters to determine the asymmetry, $a(t) = (n_B - \alpha n_F)/(n_B + \alpha n_F)$. $\alpha$ is determined with weak transverse field measurements in the paramagnetic phase and $a(t)$ is divided by the initial asymmetry to obtain the muon polarization, $P(t)$.
$B'$ In (3.5 K) Y (3.5 K) Lu (1.5 K) La (11 K) [@Senn2013]
----------------- ------------ ------------ ------------ -----------------------
$a$ 5.7947(1) 5.8565(1) 5.8436(1) 5.9492
$c$ 14.2738(2) 14.4589(1) 14.3978(2) 14.9981
Ba$_2$ $z$ 0.9116(2) 0.9075(1) 0.9084(2) 0.8909
Ru $z$ 0.1611(1) 0.1632(1) 0.1620(1) 0.16556
O$_1$ $x$ 0.4874(5) 0.4879(4) 0.4887(5) 0.4873
O$_2$ $x$ 0.1712(4) 0.1758(2) 0.1741(3) 0.17889
O$_2$ $z$ 0.4150(1) 0.4124(1) 0.4138(1) 0.40471
R$_\mathrm{wp}$ 8.82 % 6.27 % 6.18 % 6.66 %
Ru-O$_1$ 2.001(3) 2.009(2) 2.019(2) 2.030
Ru-O$_2$ 1.956(2) 1.936(1) 1.947(2) 1.909
Ru-Ru 2.538(3) 2.511(2) 2.533(3) 2.533
Ru-O$_1$-Ru 78.8(1) 77.4(1) 77.7(1) 77.2
: Structural parameters for Ba$_3M$Ru$_2$O$_9$ ($M$ $=$ In, Y, and Lu) extracted from the refinements of the $\lambda$ $=$ 1.54 Å neutron powder diffraction data. The lattice constants and bond distances are in Å, and the bond angles are in degrees.
III. Search for static charge order
===================================
It is important to understand the magnetic ground state of a single Ru dimer before moving on to a discussion of these materials’ collective magnetic properties. As shown in Fig. \[Structure\](a), each Ru site is in an octahedral oxygen environment, and the Ru dimers form via face-sharing octahedra. It is well-known that all three materials crystallize in the space group $P 6_3/m m c$ at room temperature, which ensures that both Ru sites forming a dimer are crystallographically-equivalent due to the crystal symmetry. However, static charge order is a distinct possibility for these materials upon cooling due to the mixed Ru$^{4+/5+}$ nominal valence, which has been found in isostructural systems with a mixed Ru$^{5+/6+}$ nominal valence such as Ba$_3$NaRu$_2$O$_9$ [@Kimber2012]. Neutron powder diffraction (NPD) is a sensitive probe to look for this effect, as one can investigate the $T$-dependence of the charge distribution in the dimers indirectly via Ru-O bond lengths.
Figure \[Diffraction\] shows NPD data collected using $\lambda$ $=$ 1.54 Å for Ba$_3M$Ru$_2$O$_9$, with $T$ $=$ 1.5 K for the Lu system and $T$ $=$ 3.5 K for the In and Y analogs. Rietveld refinements were performed using FullProf [@Rodriguez1993]. In all cases, we find that the data is best refined in the room temperature $P 6_3/m m c$ space group with only one unique Ru site and no Ru/$M$ site mixing, and therefore we find no evidence for static charge ordering down to these temperatures. We also do not detect any magnetic Bragg peaks, which would be indicative of long-range magnetic order, in this data. Table I shows lattice constants, atomic fractional coordinates, and selected bond distances and angles extracted from the refinements. We note that our O$_2$ $z$ parameter for the Y system is significantly different from the value reported in Ref. [@Senn2013]. Upon careful inspection their value appears to be somewhat unphysical [@Footnote]
![\[Diffraction\] Neutron powder diffraction measurements with a wavelength of 1.54 Å for (a) Ba$_3$InRu$_2$O$_9$ (3.5 K), (b) Ba$_3$YRu$_2$O$_9$ (3.5 K), and (c) Ba$_3$LuRu$_2$O$_9$ (1.5 K). The corresponding structural refinements (black lines) are superimposed on the data points. The extra peaks in the In and Y patterns arise from the Al sample can.](Diffraction.pdf){width="3.35in"}
IV. Molecular magnetism
=======================
Since there is no evidence for static charge order of the Ru dimers in Ba$_3M$Ru$_2$O$_9$ ($M$ $=$ In, Y and Lu), we now consider other possibilities for the single dimer ground states that are consistent with the known magnetic properties. We first revisit the DC magnetic susceptibility of these materials, as a satisfactory explanation for the complex $T$-dependence is still lacking. Our own results, shown in Fig. \[Orbitals\](c), are very similar to previous work by Doi *et al.* [@Doi2002]. Between $\sim 100$ K and 300 K, $\chi$ is an increasing function of temperature ($d\chi/dT > 0$), suggestive of gapped spin excitations. Below $\sim 100$ K, however, $\chi$ becomes a decreasing function of temperature ($d\chi/dT<0$), *i.e.* begins to resemble a Curie-Weiss law. A logical explanation for this non-monotonic behavior is a change in spin number with temperature. For example, the ground state of each Ru dimer may be a $S=1/2$ doublet with a relatively low-lying excited $S=3/2$ manifold (with energy $\Delta_1$). As $T>100$ K, we begin to populate the $S$ $=$ 3/2 manifold, which naturally has a larger susceptibility. If we assume that there is also a $S$ $=$ 5/2 manifold with higher energy $\Delta_2$, a minimal functional form for the susceptibility [@Doi2002] can be written as $$\chi(T) = \frac{\mathcal{C}}{T + \Theta_W}\cdot \frac{1 + 10e^{-\Delta_1/k_BT} + 35e^{-\Delta_2/k_BT}}{1 + 2e^{-\Delta_1/Tk_B} + 3e^{-\Delta_2/k_BT}}
\label{ChiModel}$$ This equation accounts for interactions between dimers via the $\Theta_W$ term. Fits of this form provide an adequate description of the susceptibility data over a broad temperature range. Without fixing any parameters, these fits yield $\Delta_1 = 38.9(4)$ meV (In), 28.6(3) meV (Y) and 34.1(4) (Lu). However, fits of this form are somewhat over parametrized and a more direct method for exploring the excitation spectrum is desirable.
![(a) Energy-level and spin occupation diagram for a hybridized Ru$^{4.5+}$-Ru$^{4.5+}$ dimer with large bonding energy, which is likely to apply to the In, Y and Lu samples [@Streltsov2016]. (b) Energy level diagram with lower bonding energy as expected to apply to the La sample. (c) Magnetic susceptibility of the In, Y and Lu samples, with the fits using Eq. \[ChiModel\].\[Orbitals\] superimposed on the data.](EnergyLevels.pdf "fig:"){width="3.5in"}\
![(a) Energy-level and spin occupation diagram for a hybridized Ru$^{4.5+}$-Ru$^{4.5+}$ dimer with large bonding energy, which is likely to apply to the In, Y and Lu samples [@Streltsov2016]. (b) Energy level diagram with lower bonding energy as expected to apply to the La sample. (c) Magnetic susceptibility of the In, Y and Lu samples, with the fits using Eq. \[ChiModel\].\[Orbitals\] superimposed on the data.](Susceptibility.pdf "fig:"){width="3.5in"}\
To this end, we have employed inelastic neutron scattering measurements, carried out on the SEQUOIA spectrometer with an incident energy of $E_i$ $=$ 100 meV. We plot $f(Q)^2 \chi''(Q, \omega$) for Ba$_3M$Ru$_2$O$_9$ in Fig. \[Neutrons\](a)-(c) as a temperature difference $f(Q)^2 \Delta \chi'' = f(Q)^2[\chi''(5\text{ K})-\chi''(225\text{ K})]$ to isolate the low-temperature magnetic scattering. Two dispersive magnetic modes are visible in the spectra of each system. The lower modes are located just above the elastic line and appear more clearly in the complementary $E_i$ $=$ 50 meV datasets shown in Fig. \[LowIncidentEnergy\]. The finite dispersion of these modes likely arises from significant interdimer interactions. Constant-$Q$ cuts taken from the same datasets with an integration range of \[2-2.5\] Å$^{-1}$ are depicted in Fig. \[Neutrons\](d). These cuts indicate that the higher energy mode is centered about 34(1) meV, 31.5(1.5) meV, and 34(1) meV for the In, Y, and Lu systems respectively. These excitation energies correspond reasonably well to the values of $\Delta_1$ obtained from freely fitting the DC susceptibility.
Ultimately, we have fitted the susceptibility data by fixing the values of $\Delta_1$ to those measured with our INS measurements, resulting in only 3-parameter fits and eliminating the over-parametrization problem. The Curie constants $\mathcal{C}$ obtained from this fitting give effective moment sizes, $\mu_\mathrm{eff}$, in the ground state manifold of $1.40(3)\mu_B$, $1.65(3)\mu_B$, and $1.53(3)\mu_B$ per dimer for the In, Y and Lu samples, respectively. These values are only slightly under the value of $1.73\mu_B$ expected for a free spin-1/2, and therefore this result is consistent with our proposal that a single dimer has a total spin $S$ $=$ 1/2 ground state. The Weiss constants, $\Theta_W$, are found to be 43(3) K, 110(10) K and 113(2) K for the In, Y and Lu systems respectively, which are indicative of significant antiferromagnetic interdimer exchange. The $S=5/2$ state is found at $\Delta_2 = $ 81(1) meV (In), 72(1) meV (Y) and 80(1) meV (Lu). Despite the high energy of $\Delta_2$, these states cannot be ignored in the susceptibility fitting.
This model includes a number of simplifications, most importantly that the Weiss constant, $\Theta_W$, is the same in all manifolds of total spin. This is counterintuitive since one would expect a higher total spin to yield a larger Weiss constant, all things being equal, since $\Theta_W = 2zJS(S+1)/3k_B$ where $z$ is the number of nearest neighbors. The success of this simplistic model, in which $\Theta_W$ is constant, therefore implies that the interaction strength, $J$, between dimers is smaller when they are excited into their $S$ $=$ 3/2 or $S$ $=$ 5/2 manifolds, compensating for the increase in spin number.
This single dimer picture supported by our susceptibility and INS measurements can be better understood by drawing on the work of Streltsov and Khomskii who have investigated the possibility of covalent bonds forming between 4$d$/5$d$ ions in various cases [@Streltsov2014; @Streltsov2016]. For the current Ba$_3 M$Ru$_2$O$_9$ structure, one should consider the transition metal Ru ions in the strong crystal field regime. Since these ions are in an octahedral oxygen environment, this assumption leads to the usual low energy $t_{2g}$ orbitals and higher energy $e_g$ orbitals. A trigonal distortion, inherent to this family of materials crystallizing in the $P6_3/m m c$ space group, then splits the $t_{2g}$ orbitals into an $a_{1g}$ singlet and an $e_{g}^\pi$ doublet [@Kugel2015]. The unique face-sharing octahedral geometry of two neighboring Ru sites is argued to produce strong orbital hybridization, with the $a_{1g}$ orbitals experiencing the largest bonding energy as shown in Fig. \[Orbitals\](a) and (b). If the two Ru sites are close enough, then the $e_{g}^\pi$ orbitals can also participate in molecular bonding. The choice of magnetic ground state for a single dimer in a particular system depends critically on the ratio of the molecular bonding energy to Hund’s coupling, as illustrated in Fig. \[Orbitals\](a) and (b). In the present materials Ba$_3M$Ru$_2$O$_9$ with $M$ $=$ Y, In and Lu, the molecular bonding energy appears to be higher than Hund’s coupling, and therefore the electrons prefer to occupy the $e_g^\pi$ bonding orbitals rather than the $e_g^{\pi\ast}$ anti-bonding orbitals. In other words, three covalent bonds form and one uncompensated electron is left over. This situation is illustrated in Fig. \[Orbitals\](a).
This model suggests that the higher-energy dispersive modes observed in the INS spectra, shown in Fig. \[Neutrons\](a)-(c) and highlighted in the cuts of Fig. \[Neutrons\](d), can be assigned to electron transitions from bonding to antibonding molecular orbitals, which would cause the total spin of a dimer to change from $S$ $=$ 1/2 to 3/2. The origin of the lower energy INS modes can also be understood in the context of the molecular magnet model, as they may simply represent electron transitions between the antibonding orbitals shown in Fig. \[Orbitals\](a). Any origin associated with collective magnetic ordering or spin freezing for these low energy modes can be ruled out as there was no significant change observed in their temperature-dependence between 1.5 and 20 K in complementary $E_i$ $=$ 50 meV datasets, which is illustrated for Ba$_3$YRu$_2$O$_9$ in Fig. \[LowIncidentEnergy\].
On the other hand, the magnetic susceptibility of Ba$_3$LaRu$_2$O$_9$ [@Doi2002] is consistent with a total spin $S$ $=$ 3/2 dimer ground state, and a $S=1/2$ excited state, which implies that the molecular bonding energy is not as large and therefore only two covalent bonds form in this case, as illustrated in Fig. \[Orbitals\](b). This also explains the much larger magnetic moment observed in neutron diffraction experiments [@Senn2013]. It is natural to ask what structural parameter gives rise to this dramatic difference between the La sample and the In, Y, and Lu analogs studied here. Although there is no discernible correlation with Ru-Ru distance as shown in Table I, the La sample does have a larger Ru-O(1) distance and smaller Ru-O(1)-Ru bond angle than the other materials. These parameters may play an important role in determining the molecular bonding energy of the $e_g^\pi$ orbitals, especially since the O$_1$ ions form the common octahedral face of the Ru$_2$O$_9$ units. As can be seen from Fig. \[Orbitals\](b), a smaller bonding energy leads to the $S=3/2$ configuration expected for the La sample.
![$f(Q)^2 \Delta \chi'' = f(Q)^2 \chi''$(5 K) - $f(Q)^2 \chi''$(225 K) (arbitrary units) obtained with inelastic neutron scattering for (a) Ba$_3$LuRu$_2$O$_9$, (b) Ba$_3$InRu$_2$O$_9$ and (c) Ba$_3$YRu$_2$O$_9$ as a function of wave vector and energy transfer. (d) Cuts of $f(Q)^2\Delta \chi''$ integrated between $Q = 2$ and 2.5 Å$^{-1}$. \[Neutrons\]](Neutrons_4panel.pdf){width="3.35in"}
![$f(Q)^2 \Delta \chi'' = f(Q)^2 \chi''$($T$) - $f(Q)^2 \chi''$(225 K) (arbitrary units) obtained with inelastic neutron scattering as a function of wave vector and energy transfer, using a lower incident energy of $E_i = 50$ meV for (a) Ba$_3$LuRu$_2$O$_9$ at $T=1.5$ K (b) Ba$_3$InRu$_2$O$_9$ at $T=1.5$ K and Ba$_3$YRu$_2$O$_9$ at (c) $T=1.5$ K and (d) $T = 20$ K. \[LowIncidentEnergy\]](LowIncidentEnergy.pdf){width="3.5in"}
V. Collective magnetic ground states
====================================
Specific heat, presented in Fig. \[C\](a), shows peaks at 3.0 K, 5.2 K and 10.5 K for the In, Y and Lu samples, respectively, presumably indicating the onset of long range order (LRO) or spin freezing. First, it is quite clear that these materials are highly frustrated as the values of $\Theta_W$ we have determined are much higher than $T_m$, with the frustration likely arising from the triangular lattice geometry of the Ru dimers and the strong antiferromagnetic interactions between them. More specifically, we find frustration parameters, $f = \Theta_W/T_m$, of 13 (In), 21 (Y) and 11 (Lu).
While our results are qualitatively consistent with previous work [@Doi2002], there is some variability in transition temperatures between our samples and those of Doi *et al.* [@Doi2002]. Whereas our $M$ $=$ Lu sample has a peak in the specific heat $C(T)$ at 10.5 K, their sample seems to have a 9.5 K ordering transition. The low-$T$ specific heat anomaly of our $M$ $=$ Y sample is also somewhat elevated when compared to Doi *et al.* [@Doi2002]. Meanwhile, our $M$ $=$ In sample has a peak in $C(T)$ that is broader and somewhat lower in temperature. Evidently there is some sample-dependence of the magnetic properties of these materials.
Since there are possible indications of magnetic order or spin freezing in the $C(T)$ measurements, we performed elastic neutron scattering on the Ba$_3M$Ru$_2$O$_9$ ($M$ $=$ In, Y and Lu) samples using the HB-1A fixed incident energy triple axis spectrometer at HFIR of ORNL. The HB-1A experiment was designed to maximize the possibility of observing a magnetic signal, so this data is complementary to the HB-2A measurements described above where magnetic Bragg peaks were not observed. Specific advantages for the HB-1A experiment, as compared to the HB-2A measurements, are as follows: (1) The low-$T$ datasets were all measured at $T$ $=$ 1.5 K to ensure that we were well below the $C(T)$ anomalies in each case. (2) The signal-to-noise at HB-1A relative to HB-2A is enhanced due to a double-bounce monochromator and the use of an analyzer for energy discrimination. Despite these improvements in the experimental set-up, the HB-1A measurements show no evidence of a magnetic signal below the $C(T)$ anomalies in each case, as illustrated in Fig. \[MagDiff\]. Although the HB-1A result for the Y sample appears to be inconsistent with previous work by Senn *et al.* [@Senn2013] using the WISH diffractometer at ISIS, it is important to note that the magnetic Bragg peaks observed in the WISH experiment were extremely weak. In fact, the ordered moment for the Y system reported in Ref. [@Senn2013] is only 0.5(6)$\mu_B$ per Ru site, so there is a great deal of uncertainty in this value. The apparent discrepancy with the HB-1A data may simply arise due to a slightly different signal-to-noise ratio on WISH as compared to HB-1A, or there may be an extreme sensitivity of the Y magnetic ground state to some form of disorder.
![(a) Specific heat ($C$) of the samples measured here with dashed lines identifying the low-$T$ anomalies as $T_m$. (b) The paramagnetic fraction of the samples as a function of temperature, obtained by applying a transverse field and assessing the amplitude of the $\mu^+$ precession generated. (c) Fast relaxation rates, $\lambda_F$, for all three samples and the highest oscillation frequency in the Lu sample, $\omega_1 = 2\pi f_1$, as functions of temperature. (d) Slow relaxation rate, or $1/T_1$, vs. temperature for all three samples.\[C\]](C_f_T1_w_longer.pdf){width="3.3in"}
Ref. [@Senn2013] also reported the observation of significantly stronger magnetic Bragg peaks for Ba$_3$LaRu$_2$O$_9$. An ordered moment of $1.4(2)\mu_B$ per Ru site was determined from the subsequent magnetic refinement, which is consistent with a total spin of $S=3/2$ per dimer. Similar magnetic reflections were observed for both the La and Y samples, and this finding led the authors to conclude that these two materials host the same magnetic structure. Specifically, they find a (0 1/2 0) propagation vector which they attribute to a magnetic structure with ferromagnetic dimers. We note that their assumption of a ferromagnetic intradimer interaction is not consistent with our interpretation of the single dimer ground state for these materials, as discussed above. However, this discrepancy is resolved simply by replacing the single ion spins in their work with a single spin-1/2 moment distributed over each dimer in the case of the Y sample or a spin-3/2 moment in the case of La. The revised magnetic structure is then simply a collinear stripe phase, which has been predicted to arise for the quasi-2D triangular lattice when the NN and NNN in-plane exchange interactions are antiferromagnetic and comparable in magnitude [@Seabra2011]. These materials could therefore be considered to be the molecular magnet equivalents of isostructural compounds (for instance Ba$_3$CoSb$_2$O$_9$ [@Shirata2012; @Zhou2012Co; @Susuki2013; @Koutroulakis2015; @Quirion2015]) where the $M$-site is magnetic and forms a quasi-2d triangular lattice, albeit with a more important NNN interaction strength.
![Elastic neutron diffraction data from HB-1A for all three samples. The open circles are data taken at 1.5 K. Red points were taken above $T_m$, at 10 K (for Y and In) and 20 K for Lu. The Lu data has been shifted downwards by 200 counts / minute for ease of view. No evidence of magnetic order is observed, possibly because the ordered moment is extremely small or spread out over an entire dimer.\[MagDiff\]](MagneticDiffraction.pdf){width="3.3in"}
Since our neutron scattering measurements found no evidence for magnetic Bragg peaks in the In, Y, and Lu samples, possibly due to the small ordered moment sizes, it is natural to study these materials with $\mu$SR, which is one of the most sensitive probes of weak magnetism. As can be seen in Fig. \[PandFT\], the ZF-$\mu$SR data of all three samples show indications of a magnetic phase transition with greatly increased relaxation at low $T$. The In and Y samples do not show any oscillations of the muon spin polarization thus the fast relaxation may arise from static disordered magnetism or slow spin fluctuations. As shown in Fig. \[PandFT\](a) and (b), the muon spin polarization is well-described by the following two-component relaxation function $$\label{DblExp}
P(t) = (1-x)e^{-\lambda_f t} + x e^{-t/T_1}$$ where $x$ is close to 1/3 at low $T$ and $1/T_1$ is the spin-lattice relaxation rate [@Colman2011]. Assuming that we are in the quasi-static limit, $\lambda_f$ results largely from inhomogeneities (disorder) in the static internal fields at the muon site(s), whereas $1/T_1$ is caused by residual spin fluctuations.
![Zero-field $\mu$SR asymmetry at various temperatures for (a) In, (b) Y and (c) Lu, with the corresponding fits superimposed on the 2 K data only. Fourier transforms of the 2 K data, with the fits superimposed, are shown in (d) In, (e) Y, and (f) Lu . The Lu sample data shows long-lived oscillations, whereas the data of the In and Y samples shows only fast exponential relaxation (along with a slowly relaxing 1/3 tail). The narrow zero-frequency peak in the Fourier transforms comes from the $T_1$ time of the 1/3 tail, and is a measure of spin fluctuations rather than static internal fields.\[PandFT\]](PandFT.pdf){width="3.5in"}
As shown in Fig. \[PandFT\](c), clear oscillations of the polarization are observed in the low $T$ regime for the Lu sample. The Fourier transform of this data, illustrated in Fig. \[PandFT\](f), shows two distinct frequencies corresponding to rather small internal fields of 6.1(2) and 14.1(1) mT. The two frequencies are indicative of two distinct muon stopping sites, which can likely be associated with the two crystallographically-inequivalent oxygen atoms in the crystal structure. It is also possible that one crystallographic muon stopping site could give rise to two distinct frequencies as a result of a complex magnetic structure. However, the magnetic structure reported by Senn *et al.* [@Senn2013] should only lead to one frequency per crystallographic site, so in that particular case our spectrum would arise from two crystallographically distinct muon stopping sites.
The Fourier transform also shows that these two peaks are superimposed on a broad feature, which is consistent with the fast exponential relaxation observed in the time domain. Hence, the Lu data can be fit with the following equation : $$\label{PLu}
P(t) = (1-x) \sum_{n=0}^2 a_n \cos(2\pi f_n t) e^{-\lambda_n t} + x e^{-t/T_1}$$ where $f_0$ $=$ 0 and $\lambda_0 = \lambda_f = 10.9(7)$ $\mu$s$^{-1}$ is the fast relaxing exponential component. Despite the fact that the oscillations in the muon spin polarization are very well-resolved, our fits reveal that they come from a relatively small portion of the sample, 15%, with the remainder of the sample behaving more similarly to the In and Y analogs. The fitting parameters obtained in ZF at the lowest temperatures are presented in Table \[ParamTable\].
TF-$\mu$SR measurements (in a field of $\sim$50 G) were used to rapidly map out the transitions. The data was fit with the following equation: $$\label{PTF}
P(t) = f_\mathrm{PM}\cos(\gamma B_\mathrm{TF} t + \phi) e^{-\lambda t} + (1-f_\mathrm{PM})$$ where $f_\mathrm{PM}$, shown as a function of temperature in Fig. \[C\](b), is the fraction of the sample that remains paramagnetic (and therefore has oscillations of the muon spin polarization induced by the applied magnetic field). The other fraction of the sample hosts either static magnetism or strong spin dynamics that dwarf the small applied transverse field. It is interesting to compare the temperature evolution of the paramagnetic fraction to the specific heat, the maximum of which can be taken as the transition temperature, $T_m$. For the Lu sample, $f_\mathrm{PM}$ begins to drop below 100% precisely at $T_m$. On the other hand, the paramagnetic volume fraction deviates from 100% well above $T_m$ for the In and Y samples, which suggests that there is a broad temperature regime of short-range magnetic order.
[lllll]{} Technique & Parameter & In & Y & Lu\
$C$ & $T_M$ (K) & 3.0(3) & 5.2(1) & 10.5(2)\
\
INS & $\Delta_1$ (meV) & 34.0(1.0) & 31.5(1.5) & 34.0(1.0)\
\
$\chi$ & $\Delta_2$ (meV) & 81(1) & 72(1) & 80(1)\
&$\Theta_W$ (K) & 43(3) & 110(10) & 113(2)\
&$\mu_\mathrm{eff}/\mu_B$ & 1.40(3) & 1.65(3) & 1.53(3)\
\
$\mu$SR & $\lambda_f$ ($\mu$s$^{-1}$) & 9.9(3) & 15.7(6) & 10.9(7)\
\
& $f_1$ (MHz) & – & – & 0.83(3)\
& $\lambda_1$ ($\mu$s$^{-1}$) & – & – & 0.7(4)\
\
&$f_2$ (MHz) & – & – & 1.91(2)\
&$\lambda_2$ ($\mu$s$^{-1}$) & – & – & 0.74(16)\
\[default\]
Performing ZF-$\mu$SR measurements as a function of $T$ has allowed us to extract the temperature dependence of $1/T_1$, as well as the fast relaxation rate, $\lambda_f$. In the case of the Lu system, we can also track one of the precession frequencies, $f_1$, as a function of temperature, whereas the lower frequency, $f_2$, is only quantifiable at the lowest temperatures. These results are shown in panels (c) and (d) of Fig. \[C\]. $f_1(T)$ develops rather sharply at the Lu transition temperature and the $T$-dependence resembles a standard order-parameter plot. On the other hand, $\lambda_f$ evolves very gradually for all three samples with no sharp change at $T_m$. $1/T_1$ shows a peak near 4 K in the data for the Y and In samples, which is typical of critical spin dynamics. In the case of the Lu sample, there is a much weaker and broader feature in $1/T_1$.
![Longitudinal field $\mu$SR scans for the Y and In samples.\[LF\]](LFfigure2.pdf){width="3.3in"}
The two-component exponential relaxation observed in the Y and In samples can be interpreted in two ways. First, in a quasi-static picture, the slow relaxation arises from a so-called 1/3 tail with a weak $1/T_1$ relaxation rate coming from residual spin fluctuations, and the fast relaxation is the 2/3 component coming from random internal fields. Alternatively, one could suspect a dynamic, but inhomogeneous, material with two different $T_1$ times. Longitudinal field scans at the lowest temperature, shown in Fig. \[LF\], confirm that the fast relaxation is a result of static inhomogeneities as it is decoupled fairly quickly. More precisely, in the Y sample, the fast relaxation is $\lambda_f = 15.7(6)$ $\mu$s$^{-1}$, implying an internal field distribution of width $\Delta B \simeq \lambda_f/\gamma_\mu = 184(7)$ G. Thus, the application of a longitudinal field equal to $B_\mathrm{LF} = 10\Delta B$, should entirely decouple the muon spins from the internal field and eliminate the fast-relaxing 2/3 component of $P(t)$ [@YaouancBook]. As shown in Fig. \[LF\](a), this appears to be the case for the LF $=$ 2000 G spectrum. Furthermore, as seen in Fig. \[LF\](b), the ZF fast relaxation for the In sample ($\lambda_f = 9.9(3)$ $\mu$s$^{-1}$) is somewhat more easily decoupled via application of a longitudinal field, as expected. It is thus clear that these materials host static magnetic ground states from the perspective of $\mu$SR.
It is tempting to attribute the lack of oscillations in the ZF muon spin polarization of the In and Y samples to spin glass physics, especially since a zero-field-cooled/field-cooled divergence has been previously observed at $T_m$ in the DC susceptibility of the former system [@Shylk2007]. Furthermore, many geometrically-frustrated magnetic materials show a strong sensitivity to tiny amounts of quenched crystalline disorder which can lead to a spin glass transition [@Gingras1997; @Schiffer1995; @QuilliamGarnets; @Bisson2008]. However, we have also measured the AC susceptibility of these materials at several different frequencies (ranging from 333 Hz to 9999 Hz) and found no evidence of spin glassiness. More specifically, as shown in Fig. \[acChi\], the position, $T_\mathrm{max}$, of the real part of the ac susceptibility, $\chi'(T)$, is independent of frequency, in the frequency range studied. A conventional spin glass will show a maximum in $\chi'$ at the freezing temperature, $T_f$, which then depends strongly on the frequency of measurement, with an extrapolation to zero-frequency allowing for a determination of the true glass temperature, $T_g$ [@Paulsen1987]. Whereas the In and Y samples have a single peak in $\chi'$, the Lu sample has a somewhat more complicated susceptibility, with a relatively sharp peak at $\sim 11$ K, corresponding to the peak in specific heat and the onset of oscillations in $\mu$SR and a lower-temperature peak, similar to that of the Y sample, which likely corresponds to the gradual onset of fast relaxation ($\lambda_f$) in the $\mu$SR spectra. In other words, the broad, lower temperature peak, is associated with the disordered portion of the sample. Nonetheless, this peak does not seem to show an appreciable dependence on frequency, but simply a very slight increase in magnitude at 9999 Hz. These two features end up forming a rather broad critical temperature regime which is consistent with the broad $1/T_1$ feature observed in our $\mu$SR experiments on the Lu sample. Given our AC susceptibility results and the fact that magnetic Bragg peaks were observed in neutron diffraction measurements on a different Y sample [@Senn2013], it appears that these materials are not conventional spin glasses and likely have long-range ordered ground states.
There are several possible origins for strongly-damped oscillations in the $\mu$SR data. We will concentrate on static origins only, since the well-defined 1/3 tail in our data indicates that the spins are mostly static, or fluctuating so slowly that they are essentially static from the point of view of $\mu$SR. The two possible static origins of the strong damping are (1) a large number of inequivalent muon stopping sites and (2) a modulation of the internal fields by disorder. The first scenario is highly unlikely given the two well-defined oscillations in the Lu data, which imply that there are two preferred crystallographic sites for the muons. On the other hand, the second scenario appears to be compatible with our $\mu$SR and neutron scattering results. An antiferromagnetic, symmetry-breaking long-range order can coexist with a large random modulation of the moments. This large amount of disorder can lead to the loss of oscillations in the ZF muon spin polarization and a reduced magnetic signal in neutron scattering that is not observed in our measurements. Given the discrepancy between our results and earlier neutron diffraction work on the Y system [@Senn2013], it is logical to suspect the influence of sample-dependent disorder on the magnetic ground state.
It is also valuable to consider the implications of the observed $\mu$SR signals for the molecular magnet model proposed above, notably through the size of the measured internal fields. Dipolar coupling to point-like dipoles of $0.5\mu_B$ per site ($S=1/2$ per dimer) should give rise to an oscillation frequency of $\sim 7$ MHz for a $\mu^+$ stopping $\sim1\,\mathrm{\AA}$ away from the O$_1$ site. Hence, the fact that we observe $f_1 = 1.91(2)$ MHz in the Lu sample implies a magnetic moment of only $0.14\mu_B$ ($0.28\mu_B$ per dimer). Evidently a model of point-like dipoles on the Ru sites is highly simplistic. Even so, our results indicate that the spins are probably very much extended over an entire Ru$_2$O$_9$ “molecule” which is consistent with the orbital hybridization picture discussed above. Indeed, the slow oscillations seen here resemble those observed in molecular magnets where each spin is distributed over an entire molecular unit [@Le1993; @Blundell2004]. The ordered magnetic moments for the Y and In samples appear to be similarly weak, which is likely why no magnetic signal was detected in our elastic neutron diffraction measurements.
![AC susceptibility ($\chi'$) of all three samples at two different frequencies, 333 Hz and 9999 Hz. The high frequency data has been normalized so that the peak susceptibilities are equal, since the frequency response of the *PPMS* system is not perfectly flat. Otherwise, the temperature dependence of the susceptibilities are very similar. In particular, the peak positions are independent of frequency. \[acChi\]](acChi.pdf){width="3.3in"}
Finally, we can speculate as to why the Y and In samples show such a high level of disordered static magnetism. As can be seen in Fig. \[Orbitals\](a) and (b), the $e_g^\pi$ and $e_g^{\pi\ast}$ orbitals remain degenerate in the Ba$_3M$Ru$_2$O$_9$ structure. For the Lu, Y and In samples, only one electron occupies the anti-bonding $e_g^{\pi\ast}$ orbitals and therefore they are Jahn-Teller (JT) active. Importantly, this degeneracy is not lifted by the spin-orbit coupling [@Kugel2015]. This may leave these materials vulnerable to local structural distortions that relieve the degeneracy, but lead to disorder in the interdimer exchange or the crystalline electric field, both of which can modulate the size of the ordered moments. An important parallel can be found in the sister compound Ba$_3$CuSb$_2$O$_9$, which is also based on $S=1/2$ moments and Jahn-Teller active [@Nakatsuji2012]. In Ba$_3$CuSb$_2$O$_9$, two distinct behaviors are observed, depending on the precise stoichiometry of the samples [@Nakatsuji2012; @Katayama2015]. In some off-stoichiometric samples, the orbital degeneracy is relieved by an orthorhombic distortion (a collective JT transition) near 200 K. Ultimately, these orthorhombic samples order magnetically at low temperatures. More stoichiometric samples manage to preserve their room-temperature hexagonal symmetry down to much lower temperatures either through a dynamic JT effect [@Ishiguro2013] or else local distortions that nonetheless preserve the global symmetry of the structure and give rise to a random-singlet magnetic ground state [@Quilliam2012bcso]. The most recent experimental results, thermal conductivity measurements, on nearly stoichiometric single-crystal Ba$_3$CuSb$_2$O$_9$ point toward the local-distortion picture [@Sugii2016] which is consistent with the random singlet magnetic ground state and excitation gap [@Quilliam2012bcso]. Since a hexagonal to orthorhombic collective JT transition can be ruled out by the neutron diffraction results on the materials studied here, similar random distortions might then apply, and they may be extremely important for understanding the collective magnetic ground states and possible sample dependence of the magnetic properties. Future work should search for these local distortions, possibly via x-ray absorption fine structure measurements.
VI. Conclusions
===============
We have used a wide array of experimental techniques to characterize both the single dimer and collective magnetic properties of the mixed valence Ru dimer systems Ba$_3M$Ru$_2$O$_9$ ($M$ $=$ In, Y and Lu). Our combined neutron powder diffraction, DC magnetic susceptibility, and inelastic neutron scattering results indicate that the Ru dimers are best described as molecular units with one spin-1/2 moment distributed equally over the two Ru sites. Two dispersive magnetic excitations are observed in the inelastic neutron scattering spectrum of each system. We attribute the lower energy mode to electron transitions between antibonding orbitals, while the upper mode is argued to arise from electron transitions between bonding and antibonding orbitals.
The dimers form a quasi-2D triangular lattice, which is strongly frustrated due to significant antiferromagnetic interdimer exchange. Our heat capacity and muon spin relaxation results reveal that the molecular moments develop a static magnetic ground state in each case, with clear evidence of long-range magnetic order for the Lu sample. The size of the static internal fields observed in $\mu$SR at low temperatures are consistent with $S=1/2$ moments distributed over an entire Ru$_2$O$_9$ dimer, similar to molecular magnets. Although the static magnetism is much more disordered for the Y and In samples, they do not appear to be conventional spin glasses, for example. Overall, the current work demonstrates that the 6H-perovskites Ba$_3MA_2$O$_9$ are excellent model systems for detailed investigations of frustrated quantum magnetism arising from spin-1/2 molecular building blocks on a triangular lattice. Given the strong theoretical interest in $S=1/2$ triangular-lattice antiferromagnets and the rarity of representative materials, these systems should be attractive for future studies of the magnetic ground state and magnetization process, albeit with the added complexity of orbital degrees of freedom. Finally, we note that our results can likely be directly applied to understanding the magnetic properties of the related Ir-dimer system, Ba$_3$InIr$_2$O$_9$, which also seem to be consistent with spin-1/2 dimers at low temperature, and moreover appear to indicate a gapless quantum spin liquid ground state [@Dey2017].
We are grateful to the staff of the Centre for Molecular and Materials Science at TRIUMF for extensive technical support, in particular G. Morris, B. Hitti, D. Arseneau, and I. MacKenzie. We acknowledge useful conversations with S. Johnston and G.E. Granroth and are particularly grateful to S. Streltsov for helping us to understand the intradimer physics of these systems. A portion of this research used resources at the High Flux Isotope Reactor and Spallation Neutron Source, which are DOE Office of Science User Facilities operated by Oak Ridge National Laboratory. J. Q. acknowledges research funding obtained from NSERC and the FRQNT. R.S. and H. Z. acknlowedge the support of NSF-DMR-1350002. C. Q. acknowledges the CEM, and NSF MRSEC, under Grant No. DMR-1420451.
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"pile_set_name": "ArXiv"
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//
// ofxGrtSettings.h
//
// Created by luca lolli on 11/08/2016.
// Updated: nickgillian: 26/09/2016
//
#include "ofxGrtSettings.h"
//We need to declare our static non-const variable after being definid in the header
std::shared_ptr<ofxGrtSettings::variables> ofxGrtSettings::mVariables;
ofTrueTypeFont ofxGrtSettings::variables::fontSmall;
ofTrueTypeFont ofxGrtSettings::variables::fontNormal;
ofTrueTypeFont ofxGrtSettings::variables::fontLarge;
std::string ofxGrtSettings::variables::fontFile = "verdana.ttf";
ofColor ofxGrtSettings::variables::activeTextColor = {255,255,255};
ofColor ofxGrtSettings::variables::gridColor = {64,64,64};
ofColor ofxGrtSettings::variables::axisColor = {192,192,192};
ofColor ofxGrtSettings::variables::backgroundColor = {0,0,0};
ofColor ofxGrtSettings::variables::disabledTextColor = {128,128,128};
int ofxGrtSettings::variables::titleTextSpacer = -12;
int ofxGrtSettings::variables::axisTicksSize = 5;
int ofxGrtSettings::variables::info_margin = 15;
|
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"pile_set_name": "Github"
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Redefining the Status Quo
The most striking feature of China’s behavior in its maritime disputes this year has been efforts to redefine the status quo. In its disputes with the Philippines and Japan, China has used the presence of its civilian maritime law enforcement agencies to create new facts on the water to strengthen China’s sovereignty claims.
Before April 2012, neither China nor the Philippines maintained a permanent presence at Scarborough Shoal. Fishermen from the Philippines, Vietnam, Taiwan and China operated in and around the large reef. At times in the past, especially in the late 1990s and early 2000s, the Philippine navy had arrested Chinese fishermen who were inside the shoal. Since then, Chinese patrols have sailed by the shoal, but no effort has been undertaken to exercise effective control over the shoal or its surrounding waters.
The situation changed following the standoff over sovereignty of Scarborough Shoal. The standoff began in April 2012 when the Philippine navy prepared to arrest Chinese fishermen who were operating in the shoal’s lagoon. After receiving a distress call, two China Marine Surveillance (CMS) vessels arrived on the scene, blocking the entrance to the lagoon and preventing the arrest of the Chinese fishermen. After the fishing boats left the shoal, however, government ships from both sides remained to defend claims to sovereignty over the shoal. By the end of May, China had deployed as many as seven CMS and Bureau of Fisheries Administration ships.
In early June, the Philippines announced that an agreement had been reached with China for a mutual withdrawal of ships. Although China never publicly confirmed the existence of such an agreement, ships from both sides left in mid June as a typhoon approached the area. Later, however, Chinese ships returned and appear have maintained a permanent presence in the waters around the shoal since then. In mid July 2012, for example, an intrepid news crew from Al Jazeera videotaped an attempt to visit the shoal, only to be turned away by a combination of CMS and fisheries administration vessels. China has also roped off the sole entrance to the lagoon inside the shoal to control access to it.
Before the standoff, China had no permanent presence at Scarborough Shoal. Three months later, China had effective control of the shoal and the surrounding waters, thereby altering the status quo in this dispute in its favor. As an editorial in the Global Times noted, China has “directly consolidated control” of the shoal.
A similar dynamic is underway in the East China Sea over the Senkaku / Diaoyu Islands. Before the Japanese government’s purchase of three of the islets from a private citizen in September 2012, Chinese government ships had generally avoided entering the 12 nautical mile limit of Japan’s territorial waters around the islands. As I wrote several years ago, China and Japan appeared to have a tacit agreement from the mid-2000s to limit the presence of ships and citizens near the islands in an effort to manage the potential for escalation.
In September 2010, the detention of a Chinese fishing captain whose boat had broached the 12 nautical mile limit and then rammed a Japanese Coast Guard ship sparked a crisis in China-Japan relations. Part of China’s response included increasing the number of patrols by marine surveillance and fisheries vessels near the islands. Most of the time, these boats remained beyond Japan’s 12 nautical mile territorial waters around the Senkakus or crossed this line only briefly. China in practical terms continued to accept Japanese de facto control of the islands and their associated territorial waters (over which a state enjoys sovereignty rights under the UN Convention on the Law of the Sea).
After the purchase of the islands last month, however, China has abandoned this approach. China firstissued baselines to claim its own territorial waters around the islands and then began to conduct almost daily patrols within its newly-claimed waters – directly challenging the Japanese control that it had largely accepted before. The purpose of the patrols is two-fold: to demonstrate that the purchase of the islands will not affect China’s sovereignty claims and to challenge Japan’s position that there is no dispute over the sovereignty of the islands.
Although China does not control the waters around the Senkakus (unlike the situation at Scarborough), it no longer accepts de facto Japanese control. On October 31, a Ministry of Foreign Affairs spokesmanasserted that a new status quo had been created. After describing China’s new patrols as “routine,” Hong Lai stated that “the Japanese side should face squarely the reality that a fundamental change has already occurred in the Diaoyu Islands.”
In both cases, China responded to challenges to its claims with an enhanced physical presence to bolster China’s position and deter any further challenges. These responses suggest an even greater willingness to pursue unilateral actions to advance its claims. In neither case is a return to the status quo ante likely.
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Q:
Почему мы пишем ча-ща, чу-щу?
Уважаемые филологи! Возможно, это не слишком оригинальный вопрос, но мне не удалось найти в Сети четкого, краткого и понятного для всех ответа. Понятно, что написание жи-ши является традиционным и соответствует тому периоду, когда "ж" и "ш" были мягкими, но ведь "ч" и "щ" были мягкими всегда. Возможно, написание ча-ща, чу-щу связано с историей употребления букв "ю" и "я". Очень надеюсь получить ответ на вашем интересном форуме.Спасибо.
A:
Традиция написания слов с Я и Ю, возможно, связана с условиями употребления этих лигатур: после гортанных к, г, х, шипящих ш, ч, ж, щ, а также в позиции после ц они не применяются.
Ю после согласных вообще ставится не слишком свободно :
После м, в, б, ф, п практически всегда требует отделения при помощи мягкого знака (пью, вью, бью) или буквы л (коплю, люблю, графлю, ловлю, кормлю), но изредка могут и исключения встречаться (к голубю).
После с, з, т, д, имеет также ряд исторически обусловленных ограничений, позволяющих проставлять ю после данных согласных в ряде окончаний существительных (гвоздю, карасю, гостю, князю), но только не в глаголах (поскольку формы сляпсю, слямзю, постю, бдю - просторечные, а в языке литературном должно наблюдаться изменение согласных, напр. как в скольжу, снабжу, вакшу, пощусь).
Сейчас буква ю в церковнославянской орфографии встречается только после согласных л, н, р и (изредка) после т, д, с, з, но некогда в старо-московском (а теперь старообрядческом) изводе церк.-сл. языка активно применялась после мягких шипящих: чюти (чуять), чюдо и т.д.
«Я» в церковнославянском языке:
Правилами русского извода церковнославянского языка предписывается использование начертания (IA) в самом начале слов, а именно Я (выглядящего в шрифтах полуустава как Ѧ) на конце и в середине, исключая 2 момента:
• через Ѧ пишут личное местоимение я (также озн. 3 лицо винит. пад. мн. и двойств. числа «их»), но образующееся от него яже - относительное местоимение - (озн. которая, которых, которые) пишут через (IA));
• от смысла зависит отличие в написании слова языкъ и ряда
производных от него: через Ѧ пишут средство общения и орган речи, а через (IA) — народ (напр., «нашествие галлов и с ними двунадесяти язык»).
Букву Я (Ѧ) в в церковнославянском языке, в отличие от русского, порой пишут после шипящих (но, в этом случае читается как А). В данной позиции она используется, в основном, в таких случаях:
• в окончаниях существительных, местоимений, прилагательных и причастий указывает на множественное число: дщи наша (наша дочь) — дщєри нашя (наши дочери);
• в суффиксах действительных кратких причастий в настоящем времени (им. пад. сред. и муж. род. в ед. ч.) порой может применяться с формами аориста для снятия омонимии: слышя (слышащий, слыша) — слыша (они слыли — аорист от слыти; он/ты слышал, форма аориста от слышати), но зачастую его пишут и без особой надобности, напр., в полной форме слышяй (слышащий, слыша), не омонимичной ни с чем.
До XVII в. (порой и позднее) на Руси использовали и иные системы орфографии: так, (IA) могли писать после гласных и в началах слов, а после согласных — Я (Ѧ).
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Timken Co. to buy Greenbrier Cos. asset package
The Greenbrier Cos. Thursday said it has reached agreement with The Timken Co. to sell "substantially all the equipment utilized in Greenbrier's reconditioned wheelset roller bearing operations in Elizabethtown, Kentucky."
Concurrent with the sale, Greenbrier will enter into a long-term supply agreement with Timken for reconditioned and new bearings. The companies did not disclose the asset purchase price. Closing of the transaction is expected before the conclusion of Greenbrier's fiscal third quarter ending May 31, 2013.
Lake Oswego, Ore.-based Greenbrier Cos. said the move was part of its strategy "to reduce non-care assets to enhance earnings and capital return."
The Greenbrier Cos. acquired the Elizabethtown facilities in 2008 to provide reconditioned wheel bearings for use in Greenbrier's Wheel Services, Refurbishment & Parts segment. Elizabethtown has employed an average of 100 people during Greenbrier's last two fiscal years and is Greenbrier's only wheelset roller bearing reconditioning facility. The operation is profitable, the company noted, but "recent changes in rules related to reconditioned components and a constrained availability of certain key materials has diminished the strategic value of this operation rendering it a non-core asset to Greenbrier, " it said.
"With the completion of this transaction, we are well positioned to focus on our core strengths of heavy railcar repair, refurbishment, complete wheel services and routine railcar maintenance and pursue the growth opportunities that these areas offer," said Timothy A. Stuckey, president of Greenbrier Rail Services. "We are pleased to partner with Timken to ensure that our requirements for new and reconditioned wheelset roller bearings will continue without interruption."
"Like Greenbrier, Timken is committed to improving the productivity, safety and efficiency of our rail customers," said Brian Ruel, vice president of off-highway, light vehicle systems and rail for Canton, Ohio-based Timken. "This agreement aligns with our strategy to grow our services portfolio and invest in the rail business."
To complete the asset purchase transaction, Greenbrier and Timken will complete a transition plan over the course of Greenbrier's fiscal third quarter. This will include preparing equipment and remaining inventory for transfer to Timken facilities. The land and buildings owned by Greenbrier at Elizabethtown are not included in the asset purchase agreement and will be listed for sale by Greenbrier after completion of the transition plan.
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Επαvάληψη της συvσδoυ
Πρόεδρος
Κηρύσσω την επανάληψη της συνόδου του Ευρωπαϊκού Κοινοβουλίου που είχε διακοπεί την Πέμπτη 5 Ιουλίου 2001.
Ελπίζω να περάσατε, όλοι και όλες, θαυμάσιες διακοπές και να είστε πανέτοιμοι να αντιμετωπίσετε τη νέα χρονιά.
Νεκρολογία
Πρόεδρος
Αγαπητοί συνάδελφοι, πληροφορήθηκα με μεγάλη μου λύπη το θάνατο του συναδέλφου μας Jacques Santkin στις 28 του περασμένου Αυγούστου. Ο συνάδελφός μας, όπως γνωρίζετε, είχε αναλάβει τα καθήκοντά του στο Σώμα από τον περασμένο Φεβρουάριο ως μέλος της Σοσιαλιστικής Ομάδας. Ήταν μέλος της Επιτροπής Εξωτερικών Υποθέσεων, Δικαιωμάτων του Ανθρώπου, Κοινής Ασφάλειας και Αμυντικής Πολιτικής, καθώς και της αντιπροσωπείας που ασχολείται με τις σχέσεις του Ευρωπαϊκού Κοινοβουλίου με το παλαιστινιακό νομοθετικό συμβούλιο.
Θα σας παρακαλούσα να τηρήσουμε ενός λεπτού σιγή στη μνήμη του συναδέλφου μας.
(Το Σώμα, όρθιο, τηρεί ενός λεπτού σιγή)
Δήλωση της Προέδρου
Πρόεδρος
Αγαπητοί συνάδελφοι, για άλλη μια φορά, βρίσκομαι στη δυσάρεστη θέση να κηρύσσω την έναρξη της συνόδου της ολομέλειας καταδικάζοντας και πάλι τις τυφλές και βίαιες τρομοκρατικές ενέργειες που έπληξαν την Ισπανία αυτό το καλοκαίρι.
Με μεγάλη μου λύπη και πραγματική συγκίνηση θέλω να εκφράσω, εξ ονόματος όλων μας, προς τις οικογένειες των θυμάτων την ειλικρινή αλληλεγγύη μας και τη βαθιά συμπάθειά μας.
Σήμερα, το Ευρωπαϊκό Κοινοβούλιο τιμά τον Justo Oreja Pedraza, στρατηγό του ισπανικού στρατού, τον Luis Ortνz de la Rosa, μέλος της εθνικής ισπανικής αστυνομίας, τον Mikel Uribe, μέλος της τοπικής περιφερειακής βασκικής αστυνομίας, τον Josι Javier Mϊgica Astibia, δημοτικό σύμβουλο της Ένωσης του λαού της Ναβάρα στη Leiza, η οικογένεια του οποίου βρίσκεται αυτή τη στιγμή ανάμεσά μας και θέλω να πω στη σύζυγο, στα παιδιά και την κουνιάδα του ότι θαυμάσαμε το θάρρος τους σε αυτό το μεγάλο δράμα που τους στέρησε έναν αγαπημένο τους άνθρωπο.
Ο Josι Javier Mϊgica Astibia υπήρξε όλη του τη ζωή ένας υπέρμαχος της ελευθερίας και της δημοκρατίας που αρνήθηκε να σιωπήσει μπροστά στην τρομοκρατία. Δυστυχώς, πλήρωσε αυτή του την άρνηση με την ίδια του ζωή του. Ο τρόμος είναι που θέλουν να βασιλέψει οι τρομοκράτες βάζοντας βόμβες στα αεροδρόμια, στις σιδηροτροχιές ή στις τουριστικές πόλεις.
Με τη σκέψη βρισκόμαστε επίσης στο πλευρό της Marνa Eraunzetamurgil και του εγγονού της, θυμάτων μιας επαίσχυντης ενέργειας, το αίτιο της οποίας κανείς δεν γνωρίζει μέχρι σήμερα.
Το Κοινοβούλιό μας, πέρα από τις πολιτικές διαφορές που εκφράζουν οι αντιπρόσωποί του, καταδικάζει τις βάρβαρες αυτές πράξεις με τον πλέον αποφασιστικό τρόπο γιατί αποτελούν την ίδια την άρνηση της δημοκρατίας και των θεμελιωδών αξιών στις οποίες βασίζεται η Ένωση.
Θα σας παρακαλούσα να τηρήσουμε ενός λεπτού σιγή.
(Το Σώμα, όρθιο, τηρεί ενός λεπτού σιγή)1
Αίτηση άρσης κοινοβουλευτικής ασυλίας
Πρόεδρος
Με επιστολή τους της 20ης Ιουλίου 2001, η οποία μου απεστάλη μέσω του μονίμου αντιπροσώπου του κράτους τους, οι ισπανικές κυβερνητικές αρχές μου υπέβαλαν αίτηση για την άρση της βουλευτικής ασυλίας των κκ. Silvio Berlusconi και Marcello Dell'utri, που συντάχθηκε από τις ισπανικές δικαστικές αρχές.
Σύμφωνα με το άρθρο 6 του Κανονισμού, η αίτηση αυτή παραπέμπεται στην αρμόδια επιτροπή, δηλαδή την Επιτροπή Νομικών Θεμάτων και Εσωτερικής Αγοράς.
Για κάθε ενδεχόμενο, σημειώνω ότι η αίτηση για την άρση της βουλευτικής ασυλίας του κ. Silvio Berlusconi είναι άνευ αντικειμένου, δεδομένου ότι δεν είναι πλέον μέλος του Κοινοβουλίου από τις 11 Ιουνίου 2001.
Barσn Crespo
Κυρία Πρόεδρε, θα ήθελα να κάνω μια δήλωση εξ ονόματος της Ομάδας του Ευρωπαϊκού Σοσιαλιστικού Κόμματος σχετικά με την ανακοίνωση που μόλις κάνατε. Λαμβάνουμε υπόψη τη συγκεκριμένη ανακοίνωση, πιστεύουμε πως αποτελεί ένα βήμα προς τα εμπρός, ωστόσο θα θέλαμε να εκφράσουμε την ανησυχία μας και να κρίνουμε τον τρόπο με τον οποίον αντιμετωπίστηκε αυτό το ζήτημα.
Εσείς και εγώ είμαστε βουλευτές, έχουμε μοιραστεί ευθύνες στο Ευρωπαϊκό Κοινοβούλιο και έχουμε επίσης μια κοινή νομική κατάρτιση που μας θυμίζει εκείνο το ρητό που λέει "η καθυστερημένη δικαιοσύνη είναι άρνηση της δικαιοσύνης" . Εσείς η ίδια μόλις είπατε ότι σε αυτήν την περίπτωση σίγουρα δεν θα μπορέσει να αποδοθεί δικαιοσύνη σχετικά με έναν από τους βουλευτές του Ευρωπαϊκού Κοινοβουλίου, πέρα από το γεγονός ότι οι αιτήσεις άρσης της ασυλίας θα πρέπει επίσης να δίνουν στους βουλευτές του Ευρωπαϊκού Κοινοβουλίου τη δυνατότητα να υπερασπιστούν τους εαυτούς τους, κάτι που σε αυτήν την περίπτωση επί ένα χρόνο δεν ήταν δυνατό.
Θα ήθελα εξ ονόματος της πολιτικής μου ομάδας να εκφράσω πως εμείς - ανεξάρτητα από εκλογικές βλέψεις που μας έχουν προσάψει - θεωρούμε ότι αυτό το θέμα είναι σημαντικό για το Ευρωπαϊκό Κοινοβούλιο, για την αξιοπρέπειά μας, και πιστεύουμε ότι το γεγονός ότι η Επιτροπή Νομικών Θεμάτων μπορεί να το γνωρίζει είναι ήδη ένα βήμα.
Ωστόσο, δεδομένου ότι η ερμηνεία της Προεδρίας έρχεται σε μετωπική αντιπαράθεση με τον ενοποιητικό χαρακτήρα του κοινοτικού δικαίου, κυρία Πρόεδρε, σας ζητώ, έπειτα από την κοινοποίηση αυτής της περίπτωσης, να μπορέσουμε να αποφασίσουμε στο Ευρωπαϊκό Κοινοβούλιο, με τρόπο θετικό και σύμφωνα με το ενοποιητικό πνεύμα του κοινοτικού δικαίου, τον τρόπο με τον οποίο θα πρέπει να αντιμετωπίζουμε τις άρσεις της ασυλίας. Συνεπώς, σας παρακαλώ για μία ακόμη φορά να απευθυνθείτε στην Επιτροπή Νομικών Θεμάτων, ώστε να μπορέσει αυτή να κάνει μια πρόταση μεταρρύθμισης του Κανονισμού που να καθορίζει σαφώς πώς θα πρέπει να ενεργούμε, όχι μόνο σε περιπτώσεις σαν αυτή, αλλά σε κάθε περίπτωση άρσης της ασυλίας.
(Χειροκροτήματα από την Ομάδα του ΕΣΚ)
Πρόεδρος
Κύριε Barσn Crespo, γνωρίζετε πολύ καλά ότι έχει υποβληθεί έκθεση για το θέμα ήδη πριν πολλούς μήνες στην Επιτροπή Συνταγματικών Υποθέσεων. Κατά δεύτερον, το γεγονός ότι ο φάκελος αυτός μου υποβλήθηκε από την αρμόδια ισπανική αρχή, δηλαδή την κυβέρνηση, αποτελεί ένα εξαιρετικά ενθαρρυντικό βήμα για μία πραγματικά θετική έκβαση αυτού του θέματος.
Poettering
Κυρία Πρόεδρε, ζήτησα τον λόγο απλώς επειδή ο συνάδελφος Barσn Crespo θεώρησε σωστό να λάβει εκείνος και πάλι τον λόγο. Σας λέω με κάθε ειλικρίνεια ότι δεν θεωρώ πως ήταν αναγκαίο να συζητηθεί το συγκεκριμένο ζήτημα για άλλη μια φορά εδώ. Εφ' όσον όμως τούτο έγινε, θα ήθελα να πω κι εγώ δυο λόγια. Φυσικά, η διαδικασία άρσης της ασυλίας είναι μία δύσκολη διαδικασία, για την οποία χρειαζόμαστε κοινούς κανόνες. Όμως, συνάδελφε Barσn Crespo, έχει ήδη αποφασισθεί ότι με το ζήτημα αυτό θα ασχοληθεί η Επιτροπή Νομικών Θεμάτων και Εσωτερικής Αγοράς. Ως εκ τούτου η παρατήρηση που κάνατε εδώ ήταν περιττή. Κυρία Πρόεδρε, θέλω να δηλώσω απερίφραστα ότι σε όλα τα διαδικαστικά θέματα η συμπεριφορά σας ήταν απόλυτα σωστή σύμφωνα με το δίκαιο και τους νόμους. Τούτο θέλω να το υπογραμμίσω ρητά εδώ για άλλη μια φορά. Ευχόμαστε στον πρώην συνάδελφό μας Silvio Berlusconi που τώρα είναι πρωθυπουργός της Ιταλίας καλή επιτυχία. Είμαστε βέβαιοι ότι πορευόμαστε προς ένα ευοίωνο ευρωπαϊκό μέλλον με την υποστήριξη και της Ιταλίας!
(Χειροκροτήματα από την Ομάδα του ΕΛΚ)
Πρόεδρος
Ευχαριστώ, κύριε Poettering.
Σχετικά με τη σύνθεση των επιτροπών:
McMillan-Scott
Κυρία Πρόεδρε, έχουμε ανταλλάξει επιστολές σχετικά με τη συμμετοχή του κ. Titford στην Επιτροπή Αλιείας, επιτροπή πολύ σημαντική για το Ηνωμένο Βασίλειο. Έχουμε εκφράσει την ελπίδα ότι, εφόσον δεν παρίσταται ποτέ στις συνεδριάσεις της εν λόγω επιτροπής, θα μπορούσε ενδεχομένως να παραιτηθεί από μέλος της.
(Γέλια)
Διάταξη τωv εργασιώv
Πρόεδρος
Η ημερήσια διάταξη προβλέπει την εξέταση του τελικού σχεδίου ημερήσιας διάταξης, όπως αυτό διαμορφώθηκε από τη Σύνοδο των Προέδρων σύμφωνα με το άρθρο 110 του Κανονισμού.
Σχετικά με την εβδομάδα από 3 έως 6 Σεπτεμβρίου στο Στρασβούργο Δευτέρα:
Έχω λάβει δύο αιτήσεις εκ μέρους της Επιτροπής Συνταγματικών Υποθέσεων που ζητούν να εγγραφεί στην ημερήσια διάταξη μία έκθεση του κ. Carnero Gonzαlez, σχετικά με την τροποποίηση του Kανονισμού σε ό,τι αφορά τη σύσταση των διακοινοβουλευτικών αντιπροσωπειών των μικτών κοινοβουλευτικών επιτροπών και μία έκθεση του Λόρδου Inglewood σχετικά με την απόφαση του Ευρωπαϊκού Κοινοβουλίου για την τροποποίηση του Kανονισμού σε ό,τι αφορά τις σχετικές με την αιτιολόγηση των τροπολογιών διατάξεις.
Θα δώσω αμέσως το λόγο στον κ. Corbett, που αντικαθιστά τον κ. Napolitano, για να παρουσιάσει την εν λόγω αίτηση, εξ ονόματος της Επιτροπής Συνταγματικών Υποθέσεων.
Corbett
Κυρία Πρόεδρε, λαμβάνω το λόγο εξ ονόματος του κ. Napolitano, ο οποίος δεν μπορεί να παρευρεθεί. Πρόκειται για τις δύο αυτές εκθέσεις που αφορούν μη διαφιλονικούμενες σχετικά τροποποιήσεις του Κανονισμού μας. Οι εν λόγω εκθέσεις εγκρίθηκαν το προηγούμενο φθινόπωρο στα πλαίσια των επιτροπών και η δική μας επιτροπή υποστήριξε ομόφωνα την άποψη ότι οι εννέα μήνες είναι μια επαρκής περίοδος κυοφορίας για οποιαδήποτε έκθεση.
Φυσικά, έχουμε ζητήσει πληροφορίες σχετικά με το λόγο για τον οποίο η Διάσκεψη των Προέδρων δεν έχει συμπεριλάβει ακόμα τις δύο αυτές εκθέσεις στην ημερήσια διάταξη της ολομέλειας. Ανυπομονούμε να μάθουμε γρήγορα το λόγο, διότι είναι ανάγκη να γνωρίζουμε ποια θα είναι η τύχη των εν λόγω εκθέσεων προτού προχωρήσουμε στη γενική αναθεώρηση του Κανονισμού μας που έχει προγραμματιστεί για αργότερα φέτος. Συνεπώς, το θέμα είναι επείγον. Μας είπαν ότι η Διάσκεψη των Προέδρων δεν είχε χρόνο να μελετήσει πλήρως το θέμα, διότι ακόμη εξετάζεται από τους γενικούς γραμματείς των πολιτικών ομάδων και τον αναπληρωτή Γενικό Γραμματέα του Ευρωπαϊκού Κοινοβουλίου.
Όλοι γνωρίζουμε για την Επιτροπή των Μονίμων Αντιπροσώπων στο Συμβούλιο. Αυτό που ίσως δεν γνωρίζουμε όλοι είναι ότι στο Ευρωπαϊκό Κοινοβούλιο υπάρχει ένα είδος Επιτροπής των Μονίμων Αντιπροσώπων το οποίο "φιλτράρει" τις εκθέσεις πριν αυτές καταλήξουν στη Διάσκεψη των Προέδρων, πριν καταλήξουν στην ολομέλεια. Πρόκειται για έναν άκρως επικίνδυνο τρόπο εργασίας και, ύστερα από τους εννέα μήνες που είχαν στη διάθεσή τους προκειμένου να εξετάσουν το θέμα, είναι τώρα καιρός οι εν λόγω εκθέσεις να συμπεριληφθούν στην ημερήσια διάταξη του Κοινοβουλίου, αν όχι σήμερα, τότε αργότερα εντός της εβδομάδας. Είμαι βέβαιος ότι η επιτροπή θα αναλάβει με προθυμία τη δέσμευση να συμπεριληφθούν στην προσεχή περίοδο συνόδου. Ωστόσο, πρέπει να υποβάλω αυτήν την πρόταση εξ ονόματος της επιτροπής, με την ομόφωνη υποστήριξη όλων των πολιτικών ομάδων που συμμετέχουν στην Επιτροπή Συνταγματικών Υποθέσεων.
Πρόεδρος
Κύριε Corbett, δεν καταλαβαίνω. Νόμιζα ότι η Επιτροπή Συνταγματικών Υποθέσεων υπέβαλε αίτηση εγγραφής στην παρούσα περίοδο συνόδου. Νομίζω ότι οι συνάδελφοι πρέπει να ξέρουν περί τίνος ομιλούμε. Η αίτηση εγγραφής για αυτή τη σύνοδο ισχύει; Εξετάσαμε με τις αρμόδιες υπηρεσίες εάν η εγγραφή αυτή είναι δυνατή για σήμερα το βράδυ, υπό την προϋπόθεση βέβαια ότι η Συνέλευση θα είναι σύμφωνη, οπότε θα συζητηθεί απόψε. Γι' αυτό το θέμα δεν συζητούμε και για το ζήτημα αυτό δεν ψηφίζουμε;
Corbett
Κυρία Πρόεδρε, αυτή είναι η πρόταση που υποβάλλει επίσημα η Επιτροπή Συνταγματικών Υποθέσεων. Αυτό που θέλουμε να εξασφαλίσουμε είναι η σωστή αντιμετώπιση του ζητήματος.
Beazley
Κυρία Πρόεδρε, διαπιστώνουμε με πόση σοβαρότητα αντιμετωπίζει το κόμμα μου τα τεκταινόμενα στο Σώμα. Ως μέλος της Επιτροπής Συνταγματικών Υποθέσεων και λαμβάνοντας το λόγο εξ ονόματος του λόρδου Inglewood, οφείλω να πω ότι το διάστημα του ενός σχεδόν έτους φαίνεται να είναι επαρκής χρόνος για την εξέταση του ζητήματος. Αν δεν εγγραφεί στην ημερήσια διάταξη αυτήν την εβδομάδα, είναι σαφές ότι θα προκαλέσει δυσκολίες για την εν λόγω επιτροπή. Απευθύνω έκκληση σε όλα τα μέλη του Σώματος, συμπεριλαμβανομένου του συναδέλφου μου κ. Provan, να υπερψηφίσουν αυτήν την πρόταση.
Provan
Κυρία Πρόεδρε, είχα την τιμή να εκπροσωπήσω τον κ. Poettering στη συνεδρίαση της Διάσκεψης των Προέδρων, όταν συζητήθηκε το εν λόγω ζήτημα, όπως θυμάστε καλά. Το θέμα ήταν κατά πόσον έχουμε το χρόνο να εξετάσουμε πολλές εκθέσεις, διότι η ημερήσια διάταξη της τρέχουσας περιόδου συνόδου είναι ήδη ιδιαίτερα περίπλοκη και βεβαρημένη. Πρότεινα να συζητηθούν οι δύο αυτές εκθέσεις από κοινού με μια κύρια έκθεση της Επιτροπής Συνταγματικών Υποθέσεων, συντάκτης της οποίας θα είναι ο ίδιος ο κ. Corbett, και είπα ότι θα ήταν καλό να συστήσουμε ένα συνολικό πακέτο τροποποιήσεων του Κανονισμού, διότι χρειαζόμαστε συγκεκριμένα επίπεδα καθ' όλη τη διάρκεια της ψηφοφορίας.
Τη συγκεκριμένη χρονική στιγμή, δεν φάνηκε να υπάρχει διαφωνία στη Διάσκεψη των Προέδρων και δεν υπήρξε σχεδόν καμία αντίρρηση. Επομένως, η σύσταση της Διάσκεψης των Προέδρων ήταν ότι οι εν λόγω εκθέσεις θα έπρεπε να συζητηθούν μαζί με την έκθεση του κ. Corbett, ως πακέτο.
Voggenhuber
Κυρία Πρόεδρε, επιτρέψτε μου να κάνω μία σύντομη παρατήρηση χωρίς να μιλήσω για την πρόταση, με την οποία συμφωνώ. Σε κάποιο μέτρο προσπαθώ να κερδίσω τον σεβασμό των μεγάλων Ομάδων. Η εκπροσώπηση του Προέδρου μίας επιτροπής είναι καθήκον του πρώτου αντιπροέδρου και όχι ενός βουλευτού της Ομάδας. Παρακαλώ τον κ. Corbett να δείχνει στο μέλλον τον ελάχιστο αυτόν σεβασμό στο αξίωμα του αντιπροέδρου στην Επιτροπή Συνταγματικών Υποθέσεων!
(Χειροκροτήματα)
(Το Σώμα απορρίπτει την αίτηση)
Πρόεδρος. Οι εκθέσεις δεν εγγράφονται στην ημερήσια διάταξη. Είναι αυτονόητο, κύριε Corbett, ότι θα εγγραφούν σε μία από τις αμέσως επόμενες περιόδους συνόδου.
Τρίτη:
Έχω ορισμένες πληροφορίες να σας δώσω. Δεν έχει υποβληθεί καμία αίτηση τροποποίησης, αλλά σας σημειώνω ότι, δυστυχώς, ο κ. Michel, Υπουργός Εξωτερικών, ο οποίος είναι επίσης συμπρόεδρος στη Διάσκεψη κατά του ρατσισμού, δεδομένου ότι πρέπει να παραμείνει ακόμα στο Durban δεν θα μπορέσει να συμμετάσχει στην συνεδρίαση αύριο, Τρίτη 4 Σεπτεμβρίου. Λυπούμεθα πολύ. Η εκπροσώπηση του Συμβουλίου στη συζήτηση θα εξασφαλιστεί με την παρουσία της κ. Neyts-Uyttebroeck, Υφυπουργού Εξωτερικών.
Μία δεύτερη πληροφορία: η ανακοίνωση της Επιτροπής για τη Λευκή Βίβλο σχετικά με τη μεταρρύθμιση της ευρωπαϊκής διακυβέρνησης θα ακολουθηθεί από παρεμβάσεις των πολιτικών ομάδων, δεδομένου ότι η συζήτηση επί της ουσίας θα λάβει χώρα κατά την επόμενη περίοδο συνόδου ή, το αργότερο, κατά την περίοδο συνόδου του Οκτωβρίου Ι.
Τετάρτη:
Για την Τετάρτη, έχω λάβει τρεις αιτήσεις τροποποίησης. Καταρχάς, η Ομάδα των Ευρωπαίων Σοσιαλιστών θα ήθελε να οργανώσει διαφορετικά την ημέρα που προβλέπεται ως ακολούθως: πρώτα, η διακήρυξη του Συμβουλίου και της Επιτροπής σχετικά με τα πορίσματα της συνάντησης της Γένοβας και στη συνέχεια, η έκθεση Watson. Η Σοσιαλιστική Ομάδα προτείνει να ξεκινήσουμε στις 9.00 με την έκθεση του κ. Gerhard Schmid για το Echelon και να συνεχίσουμε με την έκθεση του κ. Watson για την καταπολέμηση της τρομοκρατίας. Η διακήρυξη του Συμβουλίου και της Επιτροπής σχετικά με τα πορίσματα της Γένοβας θα μεταφερθεί το απόγευμα από τις 15.00 στις 17.00, ενώ η υπόλοιπη ημερήσια διάταξη θα παραμείνει ως έχει.
Δίνω το λόγο στον κ. Barσn Crespo, για να υποστηρίξει την αίτηση της Ομάδας του.
Barσn Crespo
Κυρία Πρόεδρε, αντιλαμβάνομαι πως αυτή η τροποποίηση της ημερήσιας διάταξης ικανοποιεί ένα θέμα που στη Διάσκεψη των Προέδρων έμεινε κάπως εκκρεμές.
Δεν πιστεύω πως υπάρχουν υπερβολικές αποκλίσεις μεταξύ των πολιτικών ομάδων, διότι θεωρούμε και τα τρία θέματα της ημερήσιας διάταξης σημαντικά και θα μπορούσαμε έτσι να εξετάσουμε πιο ισορροπημένα, το πρωί, δύο πολύ σημαντικά θέματα: το θέμα των συμπερασμάτων της προσωρινής επιτροπής για το Echelon και το θέμα της τρομοκρατίας.
Πιστεύω πως έτσι θα μπορούσε να διευθετηθεί ένα ζήτημα που κατά τη γνώμη μας δεν κατέστη αρκετά σαφές στη Διάσκεψη των Προέδρων.
Watson
), εισηγητής - (ΕΝ) Κυρία Πρόεδρε, σημειώνω την πρόταση και, εφόσον δεν μετατεθεί η έκθεση σχετικά με την τρομοκρατία εξαιτίας αυτής της πρότασης, τότε δεν έχω κανένα πρόβλημα να την υποστηρίξω. Ο κ. Schmid έχει επιτελέσει εξαίρετο έργο με την έκθεσή του σχετικά με το Echelon, η οποία πρέπει να ψηφιστεί από ολόκληρο το Σώμα το συντομότερο δυνατό.
Ωστόσο, τείνω να συμφωνήσω με την άποψη που εξέφρασε ο κ. Vitorino, ότι δηλαδή έχουμε ακούσει τόσο για το Θεό όσο και για το Echelon, αλλά για κανένα από τα δύο δεν μπορούμε να είμαστε βέβαιοι ότι υπάρχουν. Υποστηρίζω επίσης την άποψη, την οποία πιστεύω ότι υποστηρίζουν και επιβεβαιώνουν τα δικά σας λόγια σας, κυρία Πρόεδρε, κατά την έναρξη της σημερινής συνεδρίασης, ότι είναι εξαιρετικά σημαντικό να συζητήσουμε και να ψηφίσουμε το θέμα της τρομοκρατίας - ένα πολύ πραγματικό ζήτημα - το συντομότερο δυνατό εντός της εβδομάδας. Εάν η πρόταση του κ. Barσn Crespo δεν έχει ως συνέπεια τη μετάθεση της έκθεσης σχετικά με την τρομοκρατία, τότε με ιδιαίτερη χαρά θα την υποστηρίξω.
Lannoye
Κυρία Πρόεδρε, σας έχω υποβάλει μία αίτηση η οποία έρχεται σε αντίθεση με αυτή του κ. Barσn Crespo, δεδομένου ότι ζητώ να τροποποιηθεί η ημερήσια διάταξη κατά διαφορετικό τρόπο.
Πρόεδρος
Η αίτηση αυτή ελήφθη όντως μετά την αίτηση της Σοσιαλιστικής Ομάδας. Θα την συζητήσουμε λοιπόν αμέσως μετά, στην περίπτωση που η αίτηση της Σοσιαλιστικής Ομάδας δεν γίνει δεκτή.
Αυτή είναι η σειρά των διαδικασιών.
Υπάρχει κάποιος που επιθυμεί να εκφράσει αντιρρήσεις ως προς την αίτηση της Σοσιαλιστικής Ομάδας; Εφόσον δεν υπάρχει κανείς, μπορώ να την θέσω σε ψηφοφορία.
(Το Σώμα παρέχει σύμφωνη γνώμη)
Η αυριανή ημερήσια διάταξη θα τροποποιηθεί λοιπόν αναλόγως, και, λυπούμαι πολύ κ. Lannoye, αλλά η αίτησή σας καταπίπτει.
Πάντα σχετικά με την Τετάρτη, έχει υποβληθεί αίτηση από την Ομάδα των Ευρωπαίων Σοσιαλιστών, των Πρασίνων, της Συνομοσπονδιακής Ομάδας της Ευρωπαϊκής Ενωτικής Αριστεράς να κλείσει η συζήτηση με τα πορίσματα της Συνάντησης των 8 στη Γένοβα με την κατάθεση μίας πρότασης ψηφίσματος.
Το λόγο έχει ο κ. Barσn Crespo.
Barσn Crespo
Κυρία Πρόεδρε, η Ομάδα μου πρότεινε στη Διάσκεψη των Προέδρων τη διεξαγωγή μιας συζήτησης σχετικά με τη Σύνοδο Κορυφής της G8 στη Γένοβα, κυρίως σχετικά με το περιεχόμενό της. Γιατί; Διότι στη Σύνοδο Κορυφής της G8 στη Γένοβα συμμετείχε η Ευρωπαϊκή Ένωση - και παραπέμπω στις γραπτές μαρτυρίες αν υπάρχει κάποια αμφιβολία.
Στη φωτογραφία των ηγετών βρίσκονταν ο Πρόεδρος της Επιτροπής, κ. Romano Prodi, και ο Προεδρεύων του Συμβουλίου, ο βέλγος Πρωθυπουργός κ. Verhofstadt, και συνεπώς, εφόσον συμμετείχαν ενεργά στην εν λόγω Σύνοδο Κορυφής, ο ένας ως εκπρόσωπος της Επιτροπής και ο άλλος ως εκπρόσωπος του Ευρωπαϊκού Συμβουλίου, και εφόσον σε αυτήν συζητήθηκε μια σειρά θεμάτων σημαντικών για το Ευρωπαϊκό Κοινοβούλιο, την Ευρώπη και τον κόσμο, πιστεύουμε και εμείς πως εμπίπτει στα καθήκοντά μας να εκφράσουμε την άποψή μας σχετικά με το περιεχόμενο της Συνόδου Κορυφής της G8.
Θα ήθελα επίσης να υπενθυμίσω εδώ πως η Ομάδα μου πρότεινε - και υπάρχει συμφωνία επ' αυτού στην Επιτροπή Ελευθεριών των Πολιτών - σχετικά με τις πιθανές παραβιάσεις των θεμελιωδών δικαιωμάτων των ευρωπαίων πολιτών και τη διαχείριση της δημόσιας τάξης κατά τη διάρκεια της Συνόδου, ότι η Επιτροπή Ελευθεριών των Πολιτών θα πρέπει να καταρτίσει μια σύσταση με στόχο κυρίως να μάθουμε από τα σφάλματα του παρελθόντος, αναλογιζόμενοι τη Σύνοδο Κορυφής του Laeken.
Τελειώνοντας, κυρία Πρόεδρε, θα μου επιτρέψετε να απευθυνθώ στους συναδέλφους μας, κυρίως σε εκείνους της Ομάδας των Φιλελεύθερων, γιατί σε αυτήν την περίπτωση τυγχάνει ο κ. Verhofstadt να είναι ο φιλελεύθερος Πρωθυπουργός μιας κυβέρνησης συνασπισμού και οι πιο πρόσφατοι φίλοι του Προέδρου Prodi, τουλάχιστον οι Ιταλοί, να ανήκουν στην Ομάδα των Φιλελευθέρων. Και απευθύνομαι στον κ. Cox, ώστε να έχει την ευκαιρία να στείλει μερικά "λουλούδια" στους εκπροσώπους της Ομάδας του που βρέθηκαν στο Ευρωπαϊκό Συμβούλιο.
Wurtz
Κυρία Πρόεδρε, η Ομάδα μου στηρίζει ανεπιφύλακτα την ιδέα η συζήτησή μας για τη Γένοβα να περατωθεί με ψήφισμα. Ωστόσο, δεν θα πρότεινα να ξεκινήσουμε τώρα το διάλογο σχετικά με το περιεχόμενο αυτού του ψηφίσματος. Αυτό είναι θέμα των διαφόρων ομάδων. Η Ομάδα μου πιστεύει ότι, φυσικά, το Κοινοβούλιο πρέπει να λάβει θέση σχετικά με τα αποτελέσματα - ή με την απουσία αποτελεσμάτων - της συνάντησης των 8, αλλά οφείλει, επίσης, να τοποθετηθεί ως προς τα εξαιρετικά σοβαρά γεγονότα που δημιουργήθηκαν στο περιθώριο της Συνόδου Κορυφής, καθώς και ως προς την εκπληκτική επιτυχία, την οποία σημείωσαν οι πρωτοβουλίες του κοινωνικού φόρουμ της Γένοβα, πράγμα που μας αφορά εξίσου, τη στιγμή όπου διεξάγουμε έναν τόσο σημαντικό διάλογο σχετικά με το μέλλον της Ευρωπαϊκής Ένωσης.
Poettering
Κυρία Πρόεδρε, αισθάνομαι κάποια έκπληξη για το γεγονός ότι αποφασίζουμε τώρα σχετικά με το αν θα υπάρξει πρόταση ψηφίσματος ή όχι. Μόλις προ ολίγου, η Ομάδα μας συμφώνησε με την πρόταση των Σοσιαλιστών να αναθεωρηθεί κάπως η ημερήσια διάταξη. Δεν συνδέσαμε βέβαια τυπικά τα δύο ζητήματα, ωστόσο οπωσδήποτε δεν είχε γίνει λόγος για το ότι τώρα θα υπάρξει τελικά ψήφισμα για την Γένοβα. Συνάδελφε Wurtz, στην προηγούμενη παρέμβασή σας μόλις διατυπώσατε την άποψη να τοποθετηθούμε τελικά ακριβώς ως προς τα ζητήματα εκείνα που σκοπεύαμε να αποφύγουμε. Εμείς πάντως θεωρούμε τη χρονική στιγμή ακατάλληλη για να τοποθετηθούμε με ένα σύντομο και βιαστικό ψήφισμα ως προς τις πράξεις βίας, τις οποίες παίρνουμε πολύ σοβαρά. Η Ομάδα μας είναι της γνώμης ότι τα ζητήματα της βίας, καθώς και της απειλής και των κινδύνων από την παγκοσμιοποίηση, πρέπει να αναλυθούν από το Κοινοβούλιο με πολύ μεγάλη προσοχή και ότι δεν επιτρέπεται να υπάρξει δέσμευση με γρήγορες ή τυχαίες αποφάσεις που θα περιλαμβάνονται σε ψηφίσματα. Επειδή βλέπουμε ότι υπάρχει κίνδυνος να συμβεί αυτό, είμαστε σαφώς κατά της έκδοσης ψηφίσματος και υποστηρίζουμε την απόφαση που έλαβε η Διάσκεψη των Προέδρων την περασμένη εβδομάδα - ως γνωστόν με είχε αντικαταστήσει εκεί ο συνάδελφος Provan - δηλαδή να διεξαγάγουμε μεν συζήτηση και να συμπεριλάβουμε όντως σε αυτήν όλες τις πτυχές, αλλά να μην τοποθετηθούμε τώρα βεβιασμένα ούτε ως προς τα περιεχόμενα ούτε ως προς το θέμα της βίας. Τούτο θα πρέπει να το κάνουμε με την ησυχία μας και με την απαιτούμενη προσοχή. Ως εκ τούτου είμαστε μετά από ώριμη σκέψη κατά ενός ψηφίσματος για την Γένοβα.
(Χειροκροτήματα)
Cox
Κυρία Πρόεδρε, δεν είχα καμία πρόθεση να μιλήσω, αλλά εφόσον ο πρόεδρος της Ομάδας του ΕΣΚ φαίνεται να ενοχλείται με το ότι κάνω ελάχιστα για να προωθήσω το φιλελευθερισμό στην Ευρώπη επειδή δεν έχω καταθέσει ψήφισμα, θα πρέπει να επισημάνω στον αξιότιμο βουλευτή ότι η δική μου Ομάδα μελέτησε τα προηγούμενα. Δεν είναι η πρώτη φορά που ο πρόεδρος της Επιτροπής παρευρίσκεται σε συνεδρίαση της Ομάδας των 8 ούτε είναι η πρώτη φορά που ένας πρωθυπουργός και ασκών την Προεδρία της Ένωσης παρευρίσκεται σε συνεδρίαση της Ομάδας των Οκτώ ή των Επτά. Τα προηγούμενα θα δείξουν στον αξιότιμο βουλευτή, όπως έδειξαν σε εμένα, ότι δεν συνηθίζουμε να προωθούμε τους φίλους μας στην πολιτική καταθέτοντας ψηφίσματα μετά από συνεδριάσεις αυτού του είδους.
Lannoye
Θα ήθελα, από την πλευρά μου, να υποστηρίξω την πρόταση να εγκριθεί ψήφισμα. Πράγματι, πιστεύω ότι δεν υπάρχει καμία πολιτική αιτιολόγηση ώστε, μετά από την πολιτική συζήτηση παρουσία του Συμβουλίου και της Επιτροπής, να μην κλείσουμε τις συζητήσεις μας με ένα ψήφισμα. Το περιεχόμενο του ψηφίσματος θα αποτελέσει αντικείμενο διαπραγματεύσεων μεταξύ των ομάδων. Εάν, λοιπόν, ορισμένες ομάδες δεν θέλουν να συζητήσουμε για τα βίαια γεγονότα που έλαβαν χώρα στη Γένοβα, είναι δικαίωμά τους, αλλά θα δηλώσουν την αντίθεσή τους ψηφίζοντας εναντίον οιασδήποτε πρότασης κινείται προς αυτή την κατεύθυνση.
Πρόεδρος
Θέτω λοιπόν σε ψηφοφορία την πρόταση για κατάθεση ενός ψηφίσματος με την ολοκλήρωση της συζήτησης για τη Γένοβα.
(Το Σώμα απορρίπτει την αίτηση)
Πέμπτη: Σε ό,τι αφορά την Πέμπτη και τα επίκαιρα, επείγοντα και σημαντικά προβλήματα, έχω λάβει μία αίτηση τροποποίησης εκ μέρους της Ομάδας των Ευρωπαίων Σοσιαλιστών, που επιθυμούν να αντικατασταθεί το σημείο "Αφθώδης πυρετός" με το υποσημείο "Αφγανοί πρόσφυγες που ζητούν άσυλο από την Αυστραλία" , το οποίο είναι εγγεγραμμένο αυτή τη στιγμή στο σημείο "Ανθρώπινα δικαιώματα" . Δεν ξέρω ποιος θα υποστηρίξει αυτή την αίτηση. Κύριε Barσn Crespo;
Barσn Crespo
Κυρία Πρόεδρε, ο λόγος για τον οποίο κάναμε αυτήν την πρόταση είναι πολύ απλός: αυτό που συμβαίνει αυτή τη στιγμή με τους αφγανούς πρόσφυγες και η μεταχείρισή τους από την κυβέρνηση της Αυστραλίας - και τονίζω από την κυβέρνηση της Αυστραλίας, διότι το Ανώτατο Ομοσπονδιακό Δικαστήριο της Αυστραλίας διορθώνει το σφάλμα της - είναι κάτι που δεν αφορά μόνο την παραβίαση των ανθρωπίνων δικαιωμάτων, αλλά αποτελεί ένα ζήτημα σαφούς παραβίασης των αρχών του ναυτικού δικαίου και του ανθρωπιστικού δικαίου που έχουν υπογράψει όλες οι χώρες, συμπεριλαμβανομένου ενός τόσο σημαντικού συμμάχου της Ευρώπης όσο η Αυστραλία. Και πρέπει να εκφρασθούμε σαφέστατα επ' αυτού του θέματος, καταδικάζοντας μια πολιτική στάση που συντελεί στην ξενοφοβία.
Maes
- (NL) Κυρία Πρόεδρε, είναι σαφές ότι η πρόταση για τους αφγανούς πρόσφυγες πρέπει και μπορεί να συζητηθεί. Αυτό προβλέπει, άλλωστε, και η ημερήσια διάταξη. Δεδομένων των νέων μέτρων, τα οποία ελήφθησαν στο Ηνωμένο Βασίλειο σε σχέση με την εξάπλωση του αφθώδους πυρετού, επί του παρόντος, υποστηρίζουμε ότι είναι αναγκαίο να συζητήσουμε σχετικά. Καθώς το ένα θέμα δεν απαγορεύει τη συζήτηση του άλλου, ζητούμε το Κοινοβούλιο να ασχοληθεί και με αυτό το θέμα.
Van Velzen
- (NL) Κυρία Πρόεδρε, η συνάδελφος κ. Maes το εξέφρασε ήδη εξαιρετικά. Αυτό για το οποίο πρόκειται είναι ότι, υπό το κεφάλαιο "Ανθρώπινα δικαιώματα" , μπορούμε σαφώς να συζητήσουμε για τους αφγανούς πρόσφυγες. Γνωρίζουμε όλοι καλά τα τεράστια προβλήματα τα οποία αντιμετώπισε η Ευρώπη σε σχέση με τον αφθώδη πυρετό. Παρουσιάζει, επομένως, μεγάλο ενδιαφέρον να εκφραστεί το Ευρωπαϊκό Κοινοβούλιο τώρα και για το θέμα του αφθώδους πυρετού. Θα μπορούσαμε να συνδυάσουμε και τα δύο θέματα: στο σημείο "Ανθρώπινα δικαιώματα" , να συζητήσουμε για τους αφγανούς πρόσφυγες, ενώ σε ένα άλλο σημείο, στο πλαίσιο της συζήτησης επί επίκαιρων θεμάτων, για τον αφθώδη πυρετό. Με αυτή την ευκαιρία, θα επιθυμούσα να ζητήσω επειγόντως από τον σοσιαλιστή συνάδελφό μας να αφήσει την ημερήσια διάταξη ως έχει.
Barσn Crespo
Κυρία Πρόεδρε, από ό,τι άκουσα, υπήρξαν δύο παρεμβάσεις κατά και καμία υπέρ.
Πρόεδρος
. Ας πούμε ότι η παρέμβαση της κ. Maes υπογράμμιζε ακριβώς ότι και τα δύο είναι συμβατά, πράγμα το οποίο τόνισα και η ίδια. Η κατάσταση των αφγανών προσφύγων που ζητούν άσυλο από την Αυστραλία έχει ήδη εγγραφεί στην ημερησία διάταξη, στο σημείο "Ανθρώπινα δικαιώματα" . Συνεπώς, ούτως ή άλλως, είναι σαφές ότι το θέμα αυτό θα συζητηθεί.
Ποιο είναι αυτή τη στιγμή το ζήτημα; Για να είμαστε σαφείς, αυτό που μένει είναι να διαγραφεί ο αφθώδης πυρετός από την ημερήσια διάταξη. Περί αυτού πρόκειται. Θέτω λοιπόν σε ψηφοφορία την αίτηση της Ομάδας των Ευρωπαίων Σοσιαλιστών.
(Το Σώμα απορρίπτει την αίτηση)
Σχετικά με τις συνεδριάσεις της 19ης και της 20ης Σεπτεμβρίου στις Βρυξέλλες Καμία τροποποίηση
Παρεμβάσεις επί της διαδικασίας
Maes
- (NL) Κυρία Πρόεδρε, εξ ονόματος της Ομάδας μας θα επιθυμούσα να σας θέσω προσωπικά ένα ερώτημα. Σε σχέση με τις ειρηνευτικές προτάσεις για τη Μακεδονία, πρέπει, επειγόντως, να πραγματοποιηθεί συζήτηση στο Μακεδονικό Κοινοβούλιο. Θα επιθυμούσατε να απευθυνθείτε στον Πρόεδρο αυτού του Κοινοβουλίου; Όλοι μας ελπίζουμε ότι θα υπάρξει ευρεία υποστήριξη στο Κοινοβούλιο για τις ειρηνευτικές προτάσεις. Αλλά αυτό δεν θα γίνει χωρίς κόπο. Το Κοινοβούλιο έχει να διαδραματίσει σημαντικό ρόλο. Από αυτό, προέρχεται το αίτημά μας να αποστείλετε μία επιστολή ή ένα μήνυμα προς τον Πρόεδρο του Κοινοβουλίου, ζητώντας την επείγουσα συζήτηση αυτών των ειρηνευτικών προτάσεων.
Πρόεδρος
Κυρία Maes, η απάντηση που θα σας δώσω, θα έλεγα ότι ξεπερνά σχεδόν τις επιθυμίες σας. Πράγματι, πρόκειται να μεταβώ στη Μακεδονία μέσα στις επόμενες ημέρες, κατόπιν αιτήσεων όλων όσων εμπλέκονται στο ζήτημα αυτό και οι οποίοι επιθυμούν η Πρόεδρος του Ευρωπαϊκού Κοινοβουλίου να μεταβεί επί τόπου επειδή, νομίζω μπορώ να το πω, το Κοινοβούλιό μας χαίρει μεγάλης εκτίμησης και αυτό είναι όντως πολύ ενθαρρυντικό σημείο.
Φυσικά, δεν θα αμελήσω να δοθεί συνέχεια, το συντομότερο δυνατόν, σε αυτή την πρόσκληση που μου έγινε.
Hernαndez Mollar
Κυρία Πρόεδρε, την περασμένη Τετάρτη ένα αεροσκάφος της εταιρίας Βinter Mediterranean, που εκτελεί τη διαδρομή Μάλαγα-Μελίγια, έπαθε ατύχημα κοντά στο αεροδρόμιο της Μάλαγα με αποτέλεσμα τέσσερις νεκρούς και δεκαεπτά τραυματίες. Είναι η δεύτερη φορά μέσα σε δύο χρόνια που στη Μελίγια συμβαίνει τέτοια τραγωδία. Σε αυτήν την περίπτωση, χάρη στην πείρα και τον επαγγελματισμό των πιλότων, ένας εκ των οποίων πέθανε, σώθηκαν σχεδόν όλοι οι επιβάτες.
Κυρία Πρόεδρε, σας παρακαλώ να μεταβιβάσετε στις οικογένειες των θυμάτων και στους τραυματίες τα συλλυπητήρια και την αλληλεγγύη μας, με την πεποίθηση πως η Ευρωπαϊκή Επιτροπή και το Ευρωπαϊκό Κοινοβούλιο θα δείξουν την ανησυχία τους σχετικά με την ποιότητα και τη διατήρηση της ασφάλειας των εναέριων μεταφορών, όπως θα φανεί στη συζήτηση που θα κάνουμε την Τρίτη επ' ευκαιρία των σχετικών εκθέσεων της Ευρωπαϊκής Επιτροπής.
Dupuis
Κυρία Πρόεδρε, χθες, στο Βιετνάμ, αυτοπυρπολήθηκε ο βουδιστής μοναχός Ho Tan Anh. Τον περασμένο Ιούλιο, το Κοινοβούλιό μας υιοθέτησε ένα ολοκληρωμένο, ακριβέστατο ψήφισμα, το οποίο απαιτεί, κυρίως, από τον Πρόεδρο της αντιπροσωπείας για τις σχέσεις με τη Νοτιοανατολική Ασία, κ. Nassauer, να οργανώσει το συντομότερο δυνατόν αποστολή στο Βιετνάμ για να συναντήσει τους θρησκευτικούς αρχηγούς που βρίσκονται σήμερα φυλακισμένοι, κυρίως αυτούς, και για να κάνει μία εκτίμηση της κατάστασης σε ό,τι αφορά τη θρησκευτική ελευθερία στο Βιετνάμ.
Συνεπώς, κυρία Πρόεδρε, αυτό που ζητώ είναι η υποστήριξή σας και η υποστήριξη του Σώματος ώστε ο κ. Nassauer να μπορέσει, μέσα στις ερχόμενες ημέρες, να οργανώσει αυτή την αποστολή. Πιστεύω ότι η αυτοπυρπόληση ως πράξη, είναι πολύ σοβαρή. Αποτελεί ένα ξεκάθαρο σημάδι για το ότι η κατάσταση στο Βιετνάμ είναι όντως έκρυθμη και πιστεύω ότι η αντιπροσωπεία μας θα έπρεπε, όπως έχει ήδη αποφασίσει το Σώμα, να μεταβεί επειγόντως στο Βιετνάμ.
Πρόεδρος
Κύριε Dupuis, θα διαβιβάσω την επιθυμία που μόλις εκφράσατε, στον κ. Nassauer. Δεν είναι αυτή τη στιγμή παρών στο ημικύκλιο, αλλά θα του μεταφέρω κατά λέξη τα λόγια σας.
Napoletano
Κυρία Πρόεδρε, είμαι βέβαιη ότι θα το έχετε ήδη κάνει, όμως, επειδή είναι η πρώτη φορά που συνερχόμαστε μετά το καλοκαίρι, θέλω να υπενθυμίσω σε όλους τους συναδέλφους ότι, μερικές μέρες μετά την τελευταία μας περίοδο Συνόδου στο Στρασβούργο, συνέβη δυστυχώς στην πόλη μία σοβαρότατη καταστροφή: ένα τεράστιο δέντρο, κοντά στο Κοινοβούλιο, έπεσε πάνω στους ανθρώπους που παρακολουθούσαν μία συναυλία και πολλοί σκοτώθηκαν, μεταξύ των οποίων και αρκετοί νέοι. Θεωρώ πως είναι χρέος μας, δεδομένου ότι είναι η πρώτη Ολομέλεια μετά το καλοκαίρι, να επαναλάβουμε τα συλλυπητήριά μας και να τα διαβιβάσουμε στον Δήμαρχο του Στρασβούργου, στους συγγενείς των θυμάτων, καθώς επίσης και σε όλους τους πολίτες, διότι το Στρασβούργο είναι η πόλη που μας φιλοξενεί και διότι η τραγωδία έλαβε χώρα λίγα μόλις μέτρα από το Κοινοβούλιό μας.
Πρόεδρος
Οπωσδήποτε, κυρία Napoletano, όπως είπατε και η ίδια, εξέφρασα αμέσως τη βαθιά συμπάθειά μας και τα συλλυπητήριά μας, τόσο στις αρχές του Στρασβούργου όσο και στις οικογένειες των θυμάτων. Πρόκειται, αλήθεια, για μία απίστευτη τραγωδία, και πιστεύω ότι με αυτά μου τα συλλυπητήρια εξέφραζα τα συνολικά αισθήματα του Σώματος.
Blak
Κυρία Πρόεδρε, είμαι αναγκασμένος να εγείρω ένα άκρως θλιβερό θέμα. Το Κοινοβούλιο ασκεί ψυχολογική τρομοκρατία και παρενοχλεί ένα μικρό κράτος μέλος, τη Δανία, και τους Δανούς βουλευτές. Εδώ και πολλά χρόνια αναγκαζόμαστε να πληρώνουμε εμείς οι ίδιοι προκειμένου να μπορούμε να βλέπουμε έναν δανέζικο τηλεοπτικό σταθμό. Τώρα έκλεισε και εδώ και στις Βρυξέλλες. Δεν είναι πράγματα αυτά και θα σας παρακαλούσα ήδη σήμερα να απευθυνθείτε στον μόνο άνθρωπο που μπορεί να επιλύσει αυτό το πρόβλημα, δηλαδή τον κατ' εξοχήν ικανότερο άνθρωπο να επιλύει προβλήματα, την υπέροχη, θαυμάσια, καταπληκτική, σπουδαία συνάδερφό μας, κ. Mary Banotti για να φροντίσει ήδη από αύριο νωρίς το πρωί να έχουμε και πάλι δανέζικη τηλεόραση και το Κοινοβούλιο εφεξής να μην ενοχλεί ένα από τα καλύτερα κράτη μέλη τρομοκρατώντας με αυτόν τον τρόπο τους βουλευτές του.
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Πρόεδρος
Κύριε Blak, επειδή πρόκειται να επισκεφθώ τη Δανία μέσα στις επόμενες ημέρες, πιστέψτε με, θα δώσω ασφαλώς τη διαβεβαίωση ότι δεν πρόκειται για διάκριση. Αλλά είμαι σίγουρη ότι η κ. Banotti θα σας διαβεβαιώσει αμέσως γι' αυτό.
Banotti
Κυρία Πρόεδρε, όταν άκουσα ότι ο άτυχος κ. Blak αντιμετώπιζε πάλι δυσκολίες, έσπευσα, όπως ήταν φυσικό, να δω τι θα μπορούσε να γίνει γι' αυτό το συντομότερο δυνατό. Προφανώς, η Δανία εισέρχεται τώρα στην εποχή της ψηφιακής τηλεόρασης. Κατά συνέπεια, υπήρξε ένα τεχνικό πρόβλημα με την εδώ λήψη της δανέζικης τηλεόρασης, το οποίο φυσικά θα προσπαθήσω αμέσως να αποκαταστήσω.
Εάν οι Δανοί συνάδελφοί μου επιθυμούν έναν συγκεκριμένο ραδιοφωνικό ή τηλεοπτικό σταθμό, πρέπει να συμφωνήσουν ποιον συγκεκριμένο σταθμό επιθυμούν. Είναι λοιπόν μια ευκαιρία να συνεργασθούν αρμονικά και να αποφασίσουν τι ακριβώς επιθυμούν και, φυσικά, θα τους το παράσχω όσο το δυνατόν ταχύτερα.
Κόρακας
Κυρία Πρόεδρε, τώρα αποκαλύπτεται γιατί οι δυνάμεις του ΝΑΤΟ στο Κοσσυφοπέδιο όχι μόνο δεν προσπάθησαν για την εφαρμογή της 1244 απόφασης του Συμβουλίου Ασφαλείας του ΟΗΕ, κυρίως ως προς τον αφοπλισμό του UΗK, αλλά τον ανακήρυξαν σε σώμα προστασίας του Κοσσυφοπεδίου, ανέχθηκαν - αν δεν φρόντισαν - τον εκσυγχρονισμό του εξοπλισμού του και στην ουσία, έμμεσα αλλά σαφώς, δέχθηκαν - αν δεν ενθάρρυναν - την διείσδυση των εγκληματιών του UΗK στην ΠΓΔΜ, όπου δημιουργήθηκε η σημερινή κατάσταση. Αυτή η κατάσταση, κυρία Πρόεδρε, αποτέλεσε το άλλοθι για να επέμβει το ΝΑΤΟ, για να εφαρμοστεί η γνωστή κατάπτυστη συμφωνία για εθελοντικό αφοπλισμό του UΗK, με υπαγόρευση και συνταγματικών αλλαγών. Έτσι, με μοχλό τον UΗK και την άμεση στήριξη των ΗΠΑ, οδηγείται μια ακόμη χώρα στον διαμελισμό και στη δημιουργία νέου προτεκτοράτου τύπου Βοσνίας-Ερζεγοβίνης. Είναι κατά την γνώμη μας τεράστιες οι ευθύνες όχι μόνον των ΗΠΑ και του ΝΑΤΟ, αλλά και της Ευρωπαϊκής Ένωσης, που στηρίζει τη δράση του ΝΑΤΟ στην περιοχή.
Αυτά, κυρία Πρόεδρε, δεν είναι εκτίμηση μόνο δική μας, αλλά και πολλών ΜΜΕ. Διερωτόμαστε ποιο είναι το επόμενο βήμα. Ανησυχούμε ιδιαίτερα εμείς οι Έλληνες γιατί βλέπουμε ότι στόχος των δυνάμεων που επεμβαίνουν στα Βαλκάνια δεν είναι η ειρήνη, αλλά η υποδαύλιση της έντασης και των πολεμικών συρράξεων. Ανησυχούμε γιατί εκτός των άλλων βλέπουμε τη φωτιά να πλησιάζει επικίνδυνα και τη χώρα μας, και μάλιστα με συνενοχή της ελληνικής κυβέρνησης. Απαιτούμε, κυρία Πρόεδρε, καθώς θα πάτε εκεί πέρα, να μεταφέρετε και την δική μας άποψη για τον τερματισμό αυτής της πολιτικής και την αποχώρηση του ΝΑΤΟ από τα Βαλκάνια, ώστε να επανέλθει η ειρήνη, όπως υπήρχε πριν από τις επεμβάσεις αυτές στην περιοχή μας.
Wynn
Κυρία Πρόεδρε, μετά από τα σοβαρά αυτά ζητήματα, επιτρέψατέ μου να δώσω έναν πιο ανάλαφρο τόνο στη συζήτηση με κάποιες καλές ειδήσεις για την περιοχή που εκπροσωπώ, τη βορειοδυτική Αγγλία. Στις χθεσινές και σημερινές αγγλικές εφημερίδες φαίνεται να κυριαρχεί ένα θέμα, ο αξιομνημόνευτος θρυλικός αγώνας στον οποίο η Αγγλία κέρδισε πέντε-ένα τη Γερμανία. Η είδηση είναι τόσο καλή για εμάς - και εκφράζω τη συμπόνια μου στους γερμανούς συναδέλφους μου για την ήττα - διότι οι κύριοι αρχιτέκτονες αυτής της νίκης προέρχονταν από τα μεγαλύτερα σωματεία της βορειοδυτικής Αγγλίας - παρότι είχαμε Σουηδό προπονητή. Ελπίζω ότι αυτό δείχνει στον κόσμο ότι η βορειοδυτική περιφέρεια της Αγγλίας είναι ένα κέντρο υπεροχής, όχι μόνο για το ποδόσφαιρο, αλλά και για πολλά άλλα πράγματα, και σας καλώ όλους να την επισκεφθείτε όποτε μπορέσετε.
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Schulz
Κυρία Πρόεδρε, σας ευχαριστώ που μου δίνετε την ευκαιρία να απαντήσω τόσο γρήγορα στον συνάδελφο. Θα ήθελα να του εκφράσω τα συγχαρητήριά μου για τη μεγάλη αυτή επιτυχία της αγγλικής εθνικής ομάδας και παράλληλα να πω στον συνάδελφο Ferber που δυστυχώς είναι απών ότι η συντριπτική πλειοψηφία των Γερμανών παικτών κατάγεται από τη Βαυαρία!
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Fatuzzo
Κυρία Πρόεδρε, καταρχάς εύχομαι καλή εργασία για τη σύνοδο που ξεκινάμε και υπόσχομαι να μιλάω μόνο όταν θα είναι απαραίτητο. Αρχίζω αμέσως λέγοντας ότι την περασμένη Κυριακή, 26 Αυγούστου, βρισκόμουν στη Γένοβα, την πόλη όπου γεννήθηκα. Ήθελα να κάνω ένα μπάνιο - έκανε φοβερή ζέστη - στη θάλασσα, στην παραλία "Italia" , στην λεωφόρο Corso Italia, και ήμουν έτοιμος να βουτήξω στο νερό, όταν με αναγνώρισε ένας παλιός παιδικός μου φίλος, δημοτικός σύμβουλος - λέγεται Edigio Saccone - και ιδιοκτήτης της πλαζ, ο οποίος μου είπε: "Fatuzzo, εσύ που είσαι στο Ευρωκοινοβούλιο, μίλα και προσπάθησε να παίρνουν όλοι οι ερασιτέχνες αθλητές όλων των αθλημάτων - κολύμβησης, πυγμαχίας, στίβου, ποδοσφαίρου, ποδηλασίας, τένις κλπ. και αυτοί σύνταξη. Σίγουρα θα σε ακούσουν, θα το πουν και στα δεκαπέντε κράτη μέλη, και κάτι θα γίνει" . Και τώρα· πάω να βουτήξω!
Morgantini
"Χέρι-χέρι για την ειρήνη" : έτσι λεγόταν η εκδήλωση που είχε εξαγγείλει το ADEP για την 1η Σεπτεμβρίου στην Αγκυρα. Στην πραγματικότητα οι διαδηλωτές δεν μπόρεσαν να πιαστούν χέρι-χέρι, διότι η αστυνομία απαγόρευσε κάθε εκδήλωση: εισέβαλε στην έδρα του ADEP, που είναι ένα δημοκρατικό κόμμα, και συνέλαβε εκατοντάδες ανθρώπους, κλείνοντάς τους μάλιστα μέσα στο γήπεδο. Εμάς τα γήπεδα μας θυμίζουν πράγματα τραγικά και τρομακτικά. Ζητώ, λοιπόν, από την Πρόεδρό μας να παρέμβει προς την τουρκική κυβέρνηση, έτσι ώστε η ελευθερία κυκλοφορίας, λόγου και διαδήλωσης να μπορεί να ασκείται από τους Κούρδους και τους Τούρκους, οι οποίοι ζήτησαν απλώς να βαδίσουν μαζί για την ειρήνη και να αφεθούν αμέσως ελεύθεροι όσοι κρατούνται στα γήπεδα και στις τουρκικές φυλακές.
Πρόεδρος
Κυρία Morgantini, θα παρέμβω προς αυτή την κατεύθυνση.
Uca
Κυρία Πρόεδρε, θα ήθελα απλώς να συμπληρώσω σε όσα μόλις ανέφερε η κυρία Morgantini. Η απαγόρευση της διαδήλωσης της 1ης Σεπτεμβρίου για την ειρήνη είχε ως επακόλουθο να χάσει τη ζωή του ένας άνθρωπος που τον κυνηγούσε η αστυνομία. 500 άνθρωποι βρίσκονται σήμερα ακόμη υπό κράτηση. Σας παρακαλώ να ενεργήσετε προκειμένου να απελευθερωθούν αμέσως οι 500 άνθρωποι που βρίσκονται ακόμη στη φυλακή!
Πρόεδρος
Για άλλη μία φορά, ευχαρίστως θα προβώ στη σχετική παρέμβαση.
Villiers
Κυρία Πρόεδρε, σας απευθύνω έκκληση να αλληλογραφήσετε με τις αρχές των Ταλιμπάν σχετικά με το ατυχές συμβάν που αφορά την οργάνωση Shelter Now. Οι βουλευτές του Κοινοβουλίου θα έχουν ίσως ακούσει ότι ορισμένοι εργαζόμενοι στον τομέα της ανθρωπιστικής βοήθειας έχουν συλληφθεί από τις αρχές των Ταλιμπάν κυρίως με το επιχείρημα ότι ανήκουν σε μια χριστιανική οργάνωση που παρέβη τους κανόνες των Ταλιμπάν περί θρησκευτικής μισαλλοδοξίας.
Σας απευθύνω έκκληση να αποστείλετε επιστολή στις αρχές των Ταλιμπάν απαιτώντας δίκαιη μεταχείριση για τους συλληφθέντες, καθώς και την ταχεία απελευθέρωσή τους. Δεν έχουν διαπράξει κανένα έγκλημα πέραν του ότι προσπαθούν να βοηθήσουν το Αφγανιστάν και τον αφγανικό λαό. Το Αφγανιστάν είναι ένα από τα πλέον φτωχά και ενδεή κράτη του κόσμου και η επίθεση που δέχθηκαν λόγω της πίστης τους οι εργαζόμενοι στον ανθρωπιστικό τομέα αποτελεί ένα πολύ τρομακτικό προηγούμενο. Θα υπονομεύσει τις ανθρωπιστικές επιχειρήσεις σε ολόκληρο τον κόσμο και ιδιαίτερα στο Αφγανιστάν.
Θα ήθελα να επιστήσω την προσοχή του Κοινοβουλίου στο γεγονός ότι οι εν λόγω εργαζόμενοι στον ανθρωπιστικό τομέα, Ευρωπαίοι και Αφγανοί, ενδέχεται να αντιμετωπίσουν τη θανατική ποινή βάσει της νομοθεσίας των Ταλιμπάν. Παρακαλώ θερμά τα μέλη του Σώματος να υποστηρίξουν την έκκληση προς τις αρχές των Ταλιμπάν να απελευθερώσουν τους συλληφθέντες.
Πρόεδρος
Ακριβώς, κυρία Villiers, τα γεγονότα που διηγείστε είναι γνωστά σε όλους μας. Πρόκειται για ένα νέο αποδεικτικό στοιχείο, θα έλεγα, της καταστροφικής τρέλας του καθεστώτος των Ταλιμπάν.
Γνωρίζετε ότι το Κοινοβούλιο έχει πολλές φορές λάβει θέση για αυτό το ζήτημα και συνεπώς με μεγάλη προθυμία θα παρέμβω προς αυτή την κατεύθυνση.
Duff
Κυρία Πρόεδρε, πριν από τις θερινές διακοπές, το Προεδρείο του Κοινοβουλίου αποφάσισε τελικά να δημοσιεύσει τα ονόματα όλων των συνεργατών των βουλευτών οι οποίοι λαμβάνουν αποζημίωση γραμματείας βάσει του άρθρου 14, αλλά έκτοτε διαπιστώνουμε ότι το Προεδρείο και οι Κοσμήτορες τροποποίησαν την απόφασή τους και απαιτούν την ατομική συναίνεση, τόσο των βουλευτών όσο και των συνεργατών τους, προτού εγγράψουν τα ονόματά τους στον κατάλογο.
Ασφαλώς, τούτο γελοιοποιεί την έννοια της διαφάνειας και παραβιάζει την αρχή σύμφωνα με την οποία πρέπει να δημοσιεύονται τα ονόματα όλων όσοι αμείβονται από δημόσια κονδύλια. Θα ήθελα να ζητήσω από το Προεδρείο και τους Κοσμήτορες να αναθεωρήσουν την απόφασή τους.
Πρόεδρος
Κύριε Duff, για να είμαι σαφής, η απόφαση αυτή δεν τροποποιήθηκε από το Προεδρείο. Ήταν απαραίτητο να γίνει κάτι τέτοιο δυνάμει της οδηγίας για την προστασία των προσωπικών δεδομένων, που απαιτεί να γίνεται έτσι, και θα συμφωνήσετε πως είναι δύσκολο για το Προεδρείο και τους Κοσμήτορες να αγνοήσουν την απαραίτητη προστασία των προσωπικών δεδομένων, η οποία προϋποθέτει την πρότερη σύμφωνη γνώμη των ενδιαφερομένων.
Μελετήσαμε το ζήτημα από πολύ κοντά, με όλη την απαραίτητη σοβαρότητα, και φυσικά, οι γνωμοδοτήσεις της Νομικής Υπηρεσίας ήταν κατηγορηματικές.
De Rossa
Κυρία Πρόεδρε, ορισμένοι βουλευτές έχουν ήδη θέσει ζητήματα που αφορούν παραβιάσεις ανθρωπίνων δικαιωμάτων. Θα ήθελα και εγώ να αναφέρω μια σοβαρή παραβίαση ανθρωπίνων δικαιωμάτων. Ένα ανθρώπινο δικαίωμα που θα υποστήριζε ο καθένας σε αυτό το Σώμα είναι το δικαίωμα των μικρών παιδιών να πηγαίνουν σχολείο ανεμπόδιστα και χωρίς φόβο. Την ώρα που εμείς μιλούμε σε αυτό το Σώμα, τετράχρονα, πεντάχρονα και εξάχρονα παιδιά σε μια μικρή περιοχή του Μπέλφαστ στη Βόρειο Ιρλανδία τρομοκρατούνται από δήθεν εκδηλώσεις "διαμαρτυρίας" .
Δεν θα σας κουράσω με τα επιχειρήματα υπέρ και κατά των εκδηλώσεων διαμαρτυρίας αυτού του είδους, ή με τα επιχειρήματα της μίας ή της άλλης πλευράς - αυτά, ωστόσο, είναι πολιτικά επιχειρήματα μεταξύ ενηλίκων. Δεν θα έπρεπε να αφορούν μικρά παιδιά που πηγαίνουν σχολείο. Σας απευθύνω έκκληση να αλληλογραφήσετε με όλα τα κόμματα στη Βόρειο Ιρλανδία, καθώς και με την ιρλανδική και τη βρετανική κυβέρνηση, προτρέποντάς τους να χρησιμοποιήσουν όλες τις δυνάμεις και όλα τα μέσα πειθούς που έχουν στη διάθεσή τους προκειμένου να θέσουν τέλος σε αυτού του είδους τις διαμαρτυρίες, έτσι ώστε αυτά τα παιδάκια να μπορούν να πηγαίνουν στο σχολείο ανεμπόδιστα.
Μου φαίνεται ότι επικρατεί η άποψη ότι τρομοκρατία είναι μόνο οι βόμβες, τα όπλα και οι σφαίρες. Ωστόσο, τα τετράχρονα παιδάκια που πηγαίνουν στο σχολείο για πρώτη φορά στη ζωή τους, πώς θα θυμούνται αυτήν την πρώτη ημέρα, όταν είναι περικυκλωμένα από αστυνομικούς οι οποίοι είναι οπλισμένοι επειδή πρέπει να τα προστατεύσουν και οι οποίοι προσπαθούν να δημιουργήσουν έναν ασφαλή διάδρομο, προκειμένου τα παιδιά να εισέλθουν στην αίθουσα διδασκαλίας για την πρώτη τους σχολική ημέρα; Είναι μια φρικτή κατάσταση και σας παρακαλώ να αλληλογραφήσετε με όλα τα ενδιαφερόμενα μέρη.
Όσο έχω ακόμα το λόγο, θα ήθελα επίσης να πω ότι στη Βόρειο Ιρλανδία έχει λάβει χώρα ένα ιστορικό επίτευγμα. Όπως όλοι γνωρίζουμε, δεν αρκούν οι συμφωνίες για αλλαγή της κατάστασης, πρέπει να αλλάξουν και οι νοοτροπίες. Στη Βόρειο Ιρλανδία έχει συναφθεί μια νέα συμφωνία σχετικά με την αστυνόμευση, η οποία είναι θεμελιώδης για την ειρηνευτική συμφωνία. Το SDLP - το κόμμα του οποίου ηγείται ο John Hume, μέλος αυτού του Κοινοβουλίου - παρείχε για πρώτη φορά στην ιστορία της Βόρειας Ιρλανδίας την υποστήριξή του προς την εκεί αστυνομική υπηρεσία, γεγονός για το οποίο αξίζει συγχαρητήρια.
(Χειροκροτήματα)
Gorostiaga Atxalandabaso
Κυρία Πρόεδρε, τον προηγούμενο μήνα στο Σαν Σεμπαστιάν, ένα παιγνίδι παγιδευμένο με εκρηκτικά τραυμάτισε ένα βρέφος στην αγκαλιά της γιαγιάς του, η οποία έχασε τη ζωή της από την έκρηξη. Η εν λόγω κυρία που αναφέρατε ήταν η Maria Eraunzetamurgil, αλλά είπατε ότι κανείς δεν γνωρίζει τον δράστη. Έξι άτομα έχουν χάσει τη ζωή τους κατά τη διάρκεια του ανεπίσημου βρώμικου πολέμου που μετρά ήδη άλλα 66 θύματα από το 1977.
Περιμένουμε να δικαστούν οι υπεύθυνοι. Ο κ. Barσn Crespo ανέφερε το εξής: "justicia aplazada, justicia negada». Εγώ μίλησα για το 1977. Ο κ. Segundo Marey, ο οποίος έπεσε κατά λάθος θύμα απαγωγής στις αρχές της σοσιαλιστικής περιόδου του βρώμικου πολέμου, απεβίωσε τον προηγούμενο μήνα στην Hendaνa. Τα άτομα που καταδικάστηκαν ως υπεύθυνα για την απαγωγή - υψηλοί αξιωματούχοι της ισπανικής κυβέρνησης και της αστυνομίας - αφέθηκαν ελεύθερα μετά από λίγες μόνο ημέρες φυλάκισης. Όλα αυτά τα θύματα αξίζουν επίσης την συμπάθεια και το σεβασμό μας.
Αλυσανδράκης
Κυρία Πρόεδρε, συμμερίζομαι απόλυτα τις τοποθετήσεις των συναδελφισσών Morgantini και Uca για την κατάσταση στην Τουρκία. Θέλω να προσθέσω ότι έχουν περάσει δέκα μήνες από τότε που πολιτικοί κρατούμενοι στις τουρκικές φυλακές ξεκίνησαν απεργία πείνας διαμαρτυρόμενοι για τα σχέδια της κυβέρνησης να τους απομονώσει σε μικρά κελιά. Ο μέχρι τώρα απολογισμός είναι τραγικός: τριάντα δύο νέοι άνθρωποι έχουν χάσει την ζωή τους από την απεργία πείνας, ενώ άλλοι τριάντα ένας σκοτώθηκαν στην επιδρομή των τουρκικών αρχών στις φυλακές τον προηγούμενο Δεκέμβριο. Τελευταίο θύμα η Χουλιά Σίμσεκ που άφησε την τελευταία της πνοή στις 31 Αυγούστου. Ήταν η έκτη από τους συγγενείς πολιτικών κρατουμένων που πέθανε από την απεργία πείνας.
Εκ μέρους του Κομμουνιστικού Κόμματος της Ελλάδας καταγγέλλω από το βήμα αυτό τόσο την εγκληματική αδιαφορία του τουρκικού καθεστώτος, όσο και την υποκρισία αυτών που, ενώ κόπτονται για τα ανθρώπινα δικαιώματα, δεν κάνουν το παραμικρό για να πιέσουν την τουρκική κυβέρνηση ώστε να σταματήσει την αδιαλλαξία της απέναντι στα δίκαια αιτήματα των κρατουμένων και να σεβαστεί γενικότερα τα ανθρώπινα δικαιώματα. Ανάμεσα στους τελευταίους είναι και η Ευρωπαϊκή Ένωση, η οποία έχει ιδιαίτερη ευθύνη, αφού η Τουρκία είναι υποψήφια για ένταξη. Κυρία Πρόεδρε, κύριοι συνάδελφοι, αδιαφορία απέναντι στο έγκλημα σημαίνει συνενοχή.
Garcνa-Margallo y Marfil
Κυρία Πρόεδρε, δεν είμαι απόλυτα σίγουρος αν πρόκειται για διαδικαστικό θέμα, παρότι σίγουρα είναι απάντηση σε μια προηγούμενη παρέμβαση.
Το Ευρωπαϊκό Κοινοβούλιο γνωρίζει πως το ισπανικό Σύνταγμα, πιθανώς επειδή καταρτίστηκε έπειτα από μια δικτατορία, είναι εκείνο που εκφράζει περισσότερο σεβασμό από όλη την Ευρωπαϊκή Ένωση προς τα θεμελιώδη δικαιώματα και τις πολιτικές ελευθερίες.
Το Ευρωπαϊκό Κοινοβούλιο γνωρίζει επίσης πως το άτομο που παρενέβη πριν από εμένα αποτελεί μέλος του Ευρωπαϊκού Κοινοβουλίου, γιατί μπόρεσε να συμμετάσχει σε ελεύθερες εκλογές, στις οποίες είχε τη δυνατότητα να εκφράσει τις απόψεις του. Αυτό το Κοινοβούλιο γνωρίζει επίσης πως όποτε υπήρξαν παραβιάσεις της έννομης τάξης στην αντιμετώπιση εγκληματικών ενεργειών, αυτές οι παραβιάσεις τέθηκαν ενώπιον τακτικών δικαστηρίων με όλες τις δικαστικές εγγυήσεις και αυτήν τη στιγμή υπάρχουν άτομα που ανήκουν σε κρατικούς μηχανισμούς και βρίσκονται στη φυλακή λόγω αυτών των παραβάσεων.
Δεν μπορώ να πω το ίδιο για πολλούς συναδέλφους του κόμματος μου, της Σοσιαλιστικής Ομάδας ή άλλων κομμάτων που απλώς δολοφονήθηκαν επειδή είχαν διαφορετικές απόψεις. Και κοντεύουμε ήδη τους χίλιους.
Ευρωπαϊκή εταιρία
Πρόεδρος
Η ημερήσια διάταξη προβλέπει την κοινή συζήτηση:
της έκθεσης (A5-0243/2001) του κ. Hans-Peter Mayer, εξ ονόματος της Επιτροπής Νομικών Θεμάτων και Εσωτερικής Αγοράς σχετικά με το σχέδιο κανονισμού του Συμβουλίου περί του καταστατικού της ευρωπαϊκής εταιρίας (SE) (14886/2000 - C5-0092/2001 - 1989/0218(CNS)), και
της έκθεσης (A5-0231/2001) του κ. Menrad, εξ ονόματος της Επιτροπής Απασχόλησης και Κοινωνικών Υποθέσεων, σχετικά με το σχέδιο οδηγίας του Συμβουλίου για τη συμπλήρωση του καταστατικού της ευρωπαϊκής εταιρίας όσον αφορά το ρόλο των εργαζομένων (14732/2000 - C5-0093/2001 - 1989/0219(CNS)).
Mayer, Hans-Peter
Κυρία Πρόεδρε, αξιότιμοι συνάδελφοι, η ιδέα της δημιουργίας μιας εταιρίας ευρωπαϊκής μορφής που να ακολουθεί σε όλα τα κράτη μέλη τους ίδιους υπερεθνικούς κανόνες είναι περίπου τόσο παλαιά όσο η ίδια η Ευρωπαϊκή Ένωση. Η societas europaea - SE - θεωρείται η ναυαρχίδα του ευρωπαϊκού δικαίου των εταιρειών. Τα επιστημονικά θεμέλια τοποθετήθηκαν στα τέλη της δεκαετίας του '50. Η Επιτροπή υπέβαλε το 1970 πρόταση σχετικά με το καταστατικό της Ευρωπαϊκής Εταιρείας υπό τη μορφή κανονισμού που περιελάμβανε ενιαίες ρυθμίσεις για όλους τους τομείς.
Το 1989 η Επιτροπή υπέβαλε μία εντελώς νέα πρόταση κανονισμού. Από αυτήν είχαν εξαιρεθεί το κοινωνικό και εργατικό δίκαιο, το φορολογικό δίκαιο και το δίκαιο του ανταγωνισμού, η νομική προστασία των εργαζομένων, η νομοθεσία περί αφερεγγυότητας και οι διατάξεις για τη σύσταση επιχειρήσεων. Στη Νίκαια επήλθε τελικά πολιτική συμφωνία σχετικά με την έκδοση κανονισμού του Συμβουλίου για το καταστατικό της Ευρωπαϊκής Εταιρείας και οδηγίας για τη συμπλήρωσή του όσον αφορά τη συμμετοχή των εργαζομένων.
Ως προς τη νομική βάση: Η πρόταση του 1989 βασιζόταν στο σημερινό άρθρο 95 της Συνθήκης ΕΚ. Τούτο σήμαινε διαδικασία συναπόφασης. Οι προτάσεις της Νίκαιας βασίζονται στο άρθρο 308, το οποίο προβλέπει για το Κοινοβούλιο μόνο τη διαδικασία διαβούλευσης. Το άρθρο 95 θεωρείται εξίσου κατάλληλο με το άρθρο 308 ως νομική βάση για τον κανονισμό. Για λόγους δημοκρατικής νομιμοποίησης και σύμφωνα με τη σταθερή νομολογία του Δικαστηρίου των ΕΚ, πρέπει, σε μια τέτοια περίπτωση, να επιλέγεται η νομική βάση που παρέχει στο Κοινοβούλιο τις ευρύτερες δυνατότητες συναπόφασης. Ως εκ τούτου το Κοινοβούλιο επιφυλάσσεται, μετά την έγκριση από το Συμβούλιο, του δικαιώματος να φέρει στο Ευρωπαϊκό Δικαστήριο το θέμα της επανεξέτασης της νομικής βάσης.
Σχετικά με τον κανονισμό: Σύμφωνα με τα άρθρα 2 και 3 υπάρχουν διαφορετικές μορφές σύστασης εταιριών. Το κεφάλαιο πρέπει να ανέρχεται τουλάχιστον σε 120 000 ευρώ. Σύμφωνα με το εταιρικό δίκαιο των κρατών μελών, ισχύουν σήμερα δύο διαφορετικά συστήματα για τη διοίκηση των ανωνύμων εταιριών: Το μονιστικό σύστημα, όπως π.χ. στη Μεγάλη Βρετανία, προβλέπει μόνον ένα όργανο διοίκησης. Το δυϊκό σύστημα, που εφαρμόζεται π.χ. στη Γερμανία, προβλέπει ένα όργανο εποπτείας και ένα όργανο διεύθυνσης. Η ευρωπαϊκή ενοποίηση απαιτεί τώρα να υπάρχει σε κάθε χώρα δυνατότητα ελεύθερης επιλογής μεταξύ των δύο συστημάτων.
Έως σήμερα το εταιρικό δίκαιο των κρατών μελών προβλέπει ότι οι εθνικές εταιρίες μπορούν να μεταφέρουν την έδρα τους μόνον εφόσον διαλύονται και ιδρύουν νέα εταιρία σε άλλο κράτος μέλος. Στην περίπτωση της Ευρωπαϊκής Εταιρείας, η μεταφορά της έδρας δεν προϋποθέτει ούτε διάλυση της εταιρίας ούτε ίδρυση νέου νομικού προσώπου. Η κοινή ανάπτυξη των πρώην ξεχωριστών αγορών απαιτεί τη δημιουργία νομικών οργανωτικών δομών που να ανταποκρίνονται στη νέα κατάσταση, η οποία επικρατεί στην Ευρώπη. Ωστόσο η διαμόρφωση της Ευρωπαϊκής Εταιρείας παρουσιάζει σημαντικές αδυναμίες. Η Ευρωπαϊκή Εταιρεία θα διαφέρει από ένα κράτος μέλος σε άλλο. Δεν θα πρόκειται για μία Ευρωπαϊκή Εταιρεία ευρωπαϊκού τύπου, αλλά για μία Ευρωπαϊκή Εταιρεία με π.χ. γαλλικά, ισπανικά ή γερμανικά χαρακτηριστικά.
Και επιπλέον, ακόμη και στο εσωτερικό του ιδίου κράτους μέλους, θα δημιουργούνται πολλές διαφορετικές ευρωπαϊκές εταιρίες με χαρακτηριστικά που θα διαφέρουν, ξεκινώντας από τον κοινωνικό προσανατολισμό και φθάνοντας μέχρι το ζήτημα της συμμετοχής των εργαζομένων! Θεωρώ κυριολεκτικά απαραίτητο να εκδοθούν ταυτόχρονα με τη θέση σε ισχύ του κανονισμού συνοδευτικές φορολογικές διατάξεις.
Η πραγματική μορφή της Ευρωπαϊκής Εταιρείας θα καθορισθεί φυσικά και από τη φορολογική νομοθεσία. Σε συνάρτηση με αυτό πρέπει να επικροτηθεί μία σειρά τροπολογιών της Ομάδας των Φιλελευθέρων. Σε γενικές γραμμές, είμαι της γνώμης ότι η Ευρωπαϊκή Εταιρεία πρέπει να αρχίσει το παρθενικό της ταξίδι. Τότε θα φανεί πού πρέπει ακόμη να γίνουν επισκευές, ούτως ώστε μία μέρα να ανταποκριθεί στις προσδοκίες και να αναδειχθεί ναυαρχίδα του στόλου!
Menrad
Κύριε Πρόεδρε, αξιότιμοι συνάδελφοι, ο συνάδελφος Mayer επεσήμανε ότι η Ευρωπαϊκή Εταιρεία επιχειρείται να υλοποιηθεί εδώ και περισσότερα από 30 χρόνια. Ο συνάδελφός μας στο Κοινοβούλιο Jacques Santer επανέφερε επανειλημμένα στη συζήτηση το θέμα της μορφής της εταιρείας στα τέλη της δεκαετίας του 90, όταν ήταν Πρόεδρος της Επιτροπής. Τόσο εκείνος όσο και πολλοί ομοϊδεάτες του εδώ στο Σώμα ήθελαν να γίνει η εταιρεία στολή για Ευρωπαίους global players που θα αντιμετώπιζαν τον ανταγωνισμό στην παγκόσμια αγορά.
Η Ευρωπαϊκή Εταιρεία απέτυχε μέχρι τώρα κυρίως εξαιτίας των θέσεων του Συμβουλίου Υπουργών σχετικά με τον ρόλο των εργαζομένων. Το 1970 το σχέδιο κανονισμού της Ευρωπαϊκής Εταιρίας προέβλεπε μονόπλευρα μόνο το γερμανικό πρότυπο της συμμετοχής, μολονότι αυτό δεν είναι ασφαλώς εξαγώγιμο προϊόν.
Στα τέλη της δεκαετίας του ' 80 κατατέθηκαν στο Κοινοβούλιο δύο έγγραφα που είχαν στενή σχέση μεταξύ τους - ο συνάδελφος Mayer το ανέλυσε ήδη: πρόκειται για έναν κανονισμό για ζητήματα κοινωνικού δικαίου, δηλαδή το καταστατικό, και για την οδηγία που αφορά τον ρόλο των εργαζομένων στην Ευρωπαϊκή Εταιρεία. Εκεί παρουσιάζονταν τρία μοντέλα, από τα οποία έπρεπε να επιλεγεί το ένα. Ωστόσο και πάλι δεν επιτεύχθηκε συμφωνία. Η λύση διαφάνηκε μόλις το 1997. Το Κοινοβούλιο υπέβαλε μία πρόταση. Μία ομάδα εμπειρογνωμόνων υπό την προεδρία του Etienne Davignon έθεσε τα επιστημονικά θεμέλια της πρότασης αυτής και τα μέλη των σωματείων και των συνδέσμων των επιχειρηματιών υπέγραψαν την έκθεση Davignon. Από όποια σκοπιά και να το εξετάσουμε, γεγονός είναι ότι η συμφωνία επιτεύχθηκε επειδή χρησιμοποιήθηκε η επιτυχημένη συνταγή της ευρωπαϊκής οδηγίας για τις επιτροπές επιχειρήσεων, στην οποία θα αναφερθούμε στο επόμενο σημείο της ημερήσιας διάταξης.
Ως βασικές διαδικασίες προτάθηκαν τότε και για την σύσταση της Ευρωπαϊκής Εταιρείας οι εξής: ευελιξία, λύσεις βάσει διαπραγματεύσεων, ελάχιστες προδιαγραφές. Με αυτές συνδυάστηκε επίσης η υφιστάμενη στην Ευρωπαϊκή Ένωση παράδοση ως προς τη συμμετοχή. Σε μερικές χώρες δηλαδή η συμμετοχή υπαγορεύεται από τη νομοθεσία, ενώ σε άλλες από τις συλλογικές συμβάσεις. Τώρα ισχύει ο εξής συνδυασμός: στην Ευρωπαϊκή Εταιρεία διεξάγονται συλλογικές διαπραγματεύσεις μεταξύ των ιδρυτικών συμβουλίων και μιας ειδικής διαπραγματευτικής ομάδας των εργαζομένων και σε περίπτωση αποτυχίας των διαπραγματεύσεων μετά από διάστημα έξι μηνών έως ενός χρόνου ισχύουν τα ελάχιστα νομικά δικαιώματα συμμετοχής των εργαζομένων. Στην έκθεση Davignon τούτα αποκαλούνται προστατευτικές ρυθμίσεις, ενώ στην οδηγία για τη θέσπιση Ευρωπαϊκής Επιτροπής Επιχείρησης αναφέρονται ως επικουρικές διατάξεις. Θεωρώ καλύτερη την τελευταία διατύπωση, επειδή εδώ παραπέμπεται με υποδειγματικό τρόπο στην επικουρικότητα. Αυτή η άποψη εγκρίθηκε και στη Νίκαια. Συμφωνούμε με τις ρυθμίσεις της Νίκαιας για τη συμμετοχή.
Η έκθεση της Επιτροπής Απασχόλησης και Κοινωνικών Υποθέσεων περιέχει δύο σημαντικές τροπολογίες επί του σχεδίου του Συμβουλίου. Πρώτον: ζητούμε έναν διαφορετικό ορισμό της έννοιας της συμμετοχής από εκείνον του Συμβουλίου. Το όργανο εκπροσώπησης των εργαζομένων που αναφέρθηκε δεν είναι τίποτα άλλο από μία ειδική ευρωπαϊκή επιτροπή επιχείρησης της Ευρωπαϊκής Εταιρείας, με περισσότερα όμως δικαιώματα, που δεν πρέπει να τα λησμονούμε κατά την αναθεώρηση της οδηγίας για την ευρωπαϊκή επιτροπή επιχείρησης. Ωστόσο, είναι και παραμένουν δικαιώματα ενημέρωσης και διαβούλευσης. Θα ήταν λάθος να τους δώσουμε τον χαρακτηρισμό "συμμετοχή" .
Δεύτερον: βάσει της αρχικής πρότασης της Επιτροπής έχει καταστεί σαφές ότι η διαδικασία επιλογής των εκπροσώπων των εργαζομένων στο εποπτικό ή διοικητικό όργανο πρέπει να ρυθμίζεται σύμφωνα με τις πρακτικές ή τις νομοθετικές διατάξεις που ισχύουν σε κάθε κράτος μέλος. Σύμφωνα με αυτά, στη Γερμανία θα έπρεπε να γίνεται άμεση ή έμμεση εκλογή των εκπροσώπων των εργαζομένων κατ' αναλογίαν με την εκλογή των μελών του εποπτικού οργάνου σύμφωνα με τον αντίστοιχο γερμανικό νόμο για τα όργανα εταιρειών κεφαλαίου. Είμαι πεπεισμένος ότι είναι απαραίτητο να μη γίνουν εδώ διακρίσεις κατά την επιλογή. Τα μέλη των γερμανικών εταιρειών κεφαλαίου εκλέγονται, ενώ οι εκπρόσωποι των εργαζομένων της Ευρωπαϊκής Εταιρείας δεν εκλέγονται.
Ο παρών κανονισμός και η παρούσα οδηγία απομακρύνουν την Ευρωπαϊκή Εταιρεία από την παγωμένη ευρωπαϊκή νομοθεσία. Συμφωνώ όμως με τον συνάδελφο Mayer ότι παρουσιάζουν και οι δύο σημαντικές ελλείψεις. Ωστόσο πρέπει να κάνουμε επιτέλους το πρώτο βήμα. Μετά την πάροδο έξι ετών θα επανεξετασθούν και τα δύο νομικά μέσα και αν είναι ανάγκη θα βελτιωθούν. Αν βάλουμε το πόδι μας στο κατώφλι, ο άνεμος θα ανοίξει την πόρτα. Νομίζω ότι με αυτό το ευρωπαϊκό μοντέλο ακολουθούμε τον σωστό δρόμο και ως προς την κοινωνική διάσταση της εσωτερικής αγοράς. Το ευρωπαϊκό μοντέλο δεν ταυτίζεται άλλωστε με την οικονομία της αγοράς ούτε, επομένως, και με την Ευρωπαϊκή Εταιρία, παρά είναι μια εταιρεία στην οποία συμμετέχουν και οι εργαζόμενοι.
Manders
- (NL) Κύριε Πρόεδρε, κυρία Επίτροπε, είμαστε ιδιαίτερα ευτυχείς με τις προτάσεις που μας υποβλήθηκαν. Οι κκ. Mayer και Menrad δήλωσαν σχετικά ότι δεν είναι απολύτως ικανοποιητικές. Εντούτοις, νομίζω ότι πρέπει να είμαστε ιδιαίτερα ευτυχείς με αυτό το εξαιρετικά σημαντικό θέμα. Παλαιότερα ήταν οι αμερικανικές πολυεθνικές, οι οποίες θεωρούσαν έλλειψη την ανυπαρξία καταστατικού της ευρωπαϊκής εταιρίας, επειδή επιθυμούσαν να εργαστούν στην Ευρώπη και όχι σε κάθε κράτος μέλος. Και αυτός είναι ο λόγος για τον οποίο ο καθηγητής κ. Sanders πριν 30 χρόνια εισήγαγε την έννοια της Societas Europaea, κατά τη διάρκεια της εναρκτήριας ομιλίας του στο Πανεπιστήμιου Erasmus του Ρότερνταμ.
Είμαστε ικανοποιημένοι που τώρα, μετά από 30 χρόνια, υποβλήθηκε η πρόταση. Θεωρούμε λυπηρό το γεγονός ότι δεν υφίσταται ακόμη η δυνατότητα να συγκλίνουν πραγματικά περισσότερο και να συμφωνούν περισσότερο μεταξύ τους τα φορολογικά συστήματα στην Ευρώπη. Δεν εννοώ με αυτό ότι οι φόροι πρέπει να εναρμονιστούν. Πιστεύω ότι ο ανταγωνισμός όσον αφορά τους δασμούς - μία ζώνη εύρους - πρέπει να εξακολουθήσει να υπάρχει, αλλά νομίζω, εντούτοις, ότι για μία ευρωπαϊκή εταιρία είναι σημαντικό τα φορολογικά συστήματα στα διάφορα κράτη μέλη να συμφωνούν, εν πάση περιπτώσει, μεταξύ τους. Και τώρα υπάρχει ευρωπαϊκή εταιρία, αλλά σε κάθε κράτος μέλος αυτή πρέπει να λειτουργεί με τη δική του κοινωνική νομοθεσία και με το δικό του φορολογικό σύστημα.
Τελικά θα είναι η αγορά αυτή που θα απαιτήσει μία πραγματική ευρωπαϊκή εταιρεία με το δικό της καταστατικό, κάτι το οποίο αυτή τη στιγμή εξακολουθεί να δυσχεραίνεται από την ανεξάρτητη συμπεριφορά των διαφόρων κρατών μελών. Πιστεύουμε ότι αυτό είναι θετικό. Ελπίζουμε, εντούτοις, ότι σύντομα θα υπάρξει εκτίμηση της κατάστασης και νομίζουμε ότι, ορισμένα χρόνια μετά από αυτές τις εκτιμήσεις, η αγορά τελικά θα καθορίσει το ευρωπαϊκό καταστατικό. Αυτό θα είναι θετικό για την Ευρώπη με ένα ευρώ και μία εσωτερική αγορά.
Miller
. (ΕΝ) Κύριε Πρόεδρε, θα ήθελα να συγχαρώ τον κ. Menrad και τον κ. Mayer για τις εκθέσεις τους. Θα ήθελα επίσης να υποστηρίξω αυτό που είπε ο κ. Mayer για τη νομική βάση. Έχει δίκιο. Υπήρξαν άτομα που άλλαζαν διαρκώς στάση στο όλο θέμα της νομικής βάσης. Ξεκινήσαμε με το άρθρο 95 ως νομική βάση και τώρα έχουμε περάσει στο άρθρο 308, διότι εξυπηρετούσε ορισμένους. Αυτό είναι λάθος και το Κοινοβούλιο έχει δίκιο όταν λέγει ότι κάποια στιγμή στο μέλλον θα πρέπει να επιλύσουμε το θέμα δικαστικώς.
Όσον αφορά τη γνωμοδότηση της Επιτροπής Νομικών Θεμάτων και Εσωτερικής Αγοράς επί της έκθεσης του κ. Menrad σχετικά με την ενημέρωση και τη διαβούλευση των εργαζομένων, αναφέρω τα δύο παραδείγματα της Corus και της BMW Rover. Οι εργαζόμενοι πληροφορήθηκαν για πρώτη φορά την κατάσταση που αντιμετώπιζαν από το ραδιόφωνο, καθώς πήγαιναν στη δουλειά τους με το αυτοκίνητο. Στη σημερινή εποχή αυτό είναι εντελώς απαράδεκτο. Οι εργαζόμενοι θα πρέπει να ενημερώνονται από την αρχή για την κατάσταση που αφορά τις θέσεις εργασίας τους, διότι αποτελούν αναπόσπαστο τμήμα της εν λόγω επιχείρησης.
Θα έπρεπε να το ξέρω. Θυμάμαι ότι πολλά χρόνια πριν, όταν έφθασα στο χώρο εργασίας μου οι πόρτες του εργοστασίου ήταν κλειδωμένες και όλοι μας στεκόμασταν από έξω. Έστειλαν έξω κάποιον να μας ανακοινώσει ότι απολυθήκαμε όλοι. Το θυμάμαι πολύ καθαρά, διότι οι ιδιοκτήτες του εργοστασίου εξακολούθησαν να μένουν σε μεγάλα σπίτια, να οδηγούν μεγάλα αυτοκίνητα και να πηγαίνουν διακοπές. Εγώ ήμουν εργάτης στο εργοστάσιο και εννέα μήνες αργότερα δεν είχα λάβει καμία αποζημίωση: το μόνο που έλαβα ήταν οι αναδρομικές μου αποδοχές.
Οι εργαζόμενοι δεν θα πρέπει να αντιμετωπίσουν ποτέ ξανά τέτοιες καταστάσεις. Γι' αυτό το λόγο, συγχαίρω τον κ. Menrad που έκανε αυτό το μικρό βήμα σχετικά με την ενημέρωση και την ουσιαστική διαβούλευση με τους εργαζομένους, διότι είναι ένα βήμα προς τη σωστή κατεύθυνση. Δεν είναι τέλειο. Το θέμα θα επανέλθει και θα το βελτιώσουμε. Ωστόσο, είναι ένα βήμα προς τη σωστή κατεύθυνση και το υποστηρίζω.
Lehne
Κύριε Πρόεδρε, αξιότιμοι κυρίες και κύριοι, έχει ήδη αναλυθεί για ποιόν λόγο η Ευρωπαϊκή Εταιρεία έχει τόσο μεγάλη σημασία. Δεν θέλω να προσθέσω κάτι σε αυτό. Ωστόσο η μεγάλη σημασία της Ευρωπαϊκής Εταιρείας μας κάνει να λυπόμαστε ακόμη πιο πολύ για τις συνθήκες ίδρυσής της και τα προβλήματα που έχουμε να αντιμετωπίσουμε εδώ. Όλοι γνωρίζουμε ότι η Σύνοδος Κορυφής της Νίκαιας δεν μπορεί να χαρακτηρισθεί ως μεγάλη επιτυχία και ότι τα αποτελέσματά της ήταν μάλλον πενιχρά σε ό,τι αφορά τις διαπραγματεύσεις για τη συνθήκη. Οι αρχηγοί κρατών και κυβερνήσεων θεώρησαν ότι με την Ευρωπαϊκή Εταιρεία μας προσφέρουν κάτι που αποτελεί μία μικρή τουλάχιστον επιτυχία της συνόδου και θα φέρει την Ευρώπη άλλο ένα βήμα εμπρός. Καταρχάς, βέβαια, αυτό πρέπει να επικροτηθεί. Ωστόσο, παραμένει οπωσδήποτε λυπηρό το γεγονός ότι οι αρχηγοί κρατών και κυβερνήσεων αγνόησαν το δίκαιο, τον νόμο και την Συνθήκη, τροποποιώντας τη νομική βάση με το σύνθημα "εμείς τώρα συμφωνήσαμε εδώ και το Κοινοβούλιο δεν πρέπει να μας φέρει αντιρρήσεις" : συγκεκριμένα, αντικατέστησαν το άρθρο 95, το οποίο ήταν σαφώς η νομική βάση του ενός μέρους του σχεδίου, με το άρθρα 308, αλλά αντικατέστησαν επίσης το άρθρο 137, το οποίο σύμφωνα με το κείμενο της Συνθήκης ήταν σαφές ότι θα έπρεπε να αποτελέσει τη νομική βάση για το άλλο μέρος, το με το άρθρο 308.
Αποτέλεσμα είναι ότι δεν υπάρχει συναπόφαση, παρά ομοφωνία στο Συμβούλιο και απόφαση της κυβέρνησης και μόνο. Εγώ προσωπικά δεν πιστεύω ότι το Κοινοβούλιο μπορεί να το δεχθεί αυτό. Για τον λόγο αυτόν αποφασίσαμε με μεγάλη πλειοψηφία στην Επιτροπή Νομικών Θεμάτων την τροποποίηση της νομικής βάσης και επαναφέραμε τη σωστή, δηλαδή τα άρθρα 95 και 137. Επίσης, ενδιαφέρον παρουσιάζει το γεγονός ότι τούτο είχε δικαιολογηθεί επαρκώς στις αιτιολογικές σκέψεις της αρχικής πρότασης και είχε υποστηριχθεί από τις νομικές υπηρεσίες. Κατά τις διαβουλεύσεις προχωρήσαμε όπως σε μία διαδικασία συναπόφασης. Θέλω να απευθύνω στο Συμβούλιο την εξής προειδοποίηση: Εάν το Συμβούλιο τροποποιήσει και πάλι κατά τη δεύτερη ανάγνωση τη νομική βάση του σημαντικού αυτού ζητήματος, διατρέχει σοβαρό κίνδυνο να προσφύγει το Κοινοβούλιο στο Ευρωπαϊκό Δικαστήριο για το συγκεκριμένο ζήτημα, πιστεύω δε ότι θα κερδίσουμε την προσφυγή. Από όσα γνωρίζουμε, η πρακτική σημασία του εγχειρήματος είναι ούτως ή άλλως μάλλον περιορισμένη. Παραπέμπω στην επιστολή του Προέδρου της UNICE. Και σε αυτό έχουμε αναφερθεί ήδη στο πλαίσιο της επιτροπής. Ζητήσαμε φορολογικές ρυθμίσεις στο πλαίσιο μίας αναθεώρησης και ελπίζουμε ότι η αναθεώρηση αυτή θα γίνει σύντομα!
Rothley
Κύριε Πρόεδρε, η Ομάδα μου και εγώ συμφωνούμε για τον κανονισμό, ιδιαίτερα μάλιστα εγώ που ήμουν πριν πολλά χρόνια εισηγητής, δεν είμαστε όμως καθόλου ενθουσιασμένοι, διότι αυτό που μας παρουσιάζεται εδώ ως Ευρωπαϊκή Εταιρεία δεν είναι ολοκληρωμένο. Δεν πρόκειται να υπάρξει μία, αλλά 15 Ευρωπαϊκές Εταιρείες. Τι μπέρδεμα! Δεν θέλω καν να αναφερθώ στις λεπτομέρειες. Το Συμβούλιο επιβεβαίωσε αυτό που ήταν πασίγνωστο: ότι δηλαδή το ίδιο το Συμβούλιο αποτελεί το πραγματικό πρόβλημα της ευρωπαϊκής νομοθεσίας και όχι η Επιτροπή ή το Κοινοβούλιο: το Συμβούλιο είναι το πρόβλημα! Θέλει από δω και πέρα να αποφασίζει πλέον μόνο ομόφωνα κι αν υπάρχει η σχετική νομική βάση - στην συγκεκριμένη περίπτωση το άρθρο 308 - τόσο το καλύτερο: τότε δεν χρειάζεται το Κοινοβούλιο. Εμείς όμως - όπως είπε ο συνάδελφος Lehne - θα εξετάσουμε με μεγάλη προσοχή αν αυτή η νομική βάση είναι σωστή και αν χρειαστεί, θα προσφύγουμε στο Ευρωπαϊκό Δικαστήριο. Στα χέρια του Συμβουλίου, το κοινοτικό δίκαιο γίνεται ένα νέο είδος διεθνούς δικαίου, με τη διαφορά και το πρακτικό πλεονέκτημα, όμως, ότι δεν είναι ανάγκη να επικυρωθεί ούτε από το Ευρωπαϊκό Κοινοβούλιο ούτε από τα εθνικά κοινοβούλια. Αυτή είναι η στρατηγική του Συμβουλίου.
Γιατί λοιπόν να θεωρηθεί ελκυστική αυτή η Ευρωπαϊκή Εταιρεία; Γιατί να εγκριθεί; Δεν είναι πιθανό να κινδυνεύει η Ευρωπαϊκή Εταιρεία να έχει την ίδια μοίρα με την παλιά κοινοτική πατέντα που ακολούθησε τη Συμφωνία του Λουξεμβούργου; Τότε το Συμβούλιο είχε και πάλι συγκατατεθεί μετά από χρόνους και καιρούς με πολύν κόπο σε έναν συμβιβασμό και η βιομηχανία στο σύνολό της, όλοι οι εμπλεκόμενοι, δεν έδειξαν κανένα ενδιαφέρον γι' αυτό. Είναι ενδεχόμενο να συμβεί το ίδιο με τη συγκεκριμένη μορφή της Ευρωπαϊκής Εταιρείας. Ποιά είναι λοιπόν τα πλεονεκτήματα; Γιατί να συστήσει κανείς μια ευρωπαϊκή εταιρεία; Πού είναι για παράδειγμα τα φορολογικά πλεονεκτήματα; Εγώ δεν τα βλέπω πουθενά.
Θα επισημάνω ακόμα κάτι: είναι ασφαλώς πιθανό να ξεθάψουν μετά από αυτό το φιάσκο την 10η οδηγία για τη διασυνοριακή συγχώνευση, τρόπον τινά ως συμπλήρωμα, αφού τάχα δεν θα γίνεται τίποτα με την Ευρωπαϊκή Εταιρεία. Προσοχή, όμως, αγαπητοί φίλοι της Επιτροπής και του Συμβουλίου: η 10η οδηγία για την διασυνοριακή συγχώνευση εταιρειών με κατάργηση της συναπόφασης δεν κατέληξε τότε πουθενά, ούτε και πρόκειται να καταλήξει τώρα!
Αφού, ας πούμε, διεκπεραιώσαμε το θέμα της Ευρωπαϊκής Εταιρείας, θα ήθελα να υπενθυμίσω ότι τώρα έχουν σειρά άλλες μορφές εταιρειών: οι ευρωπαϊκές κοινοπραξίες, οι ευρωπαϊκοί συνεταιρισμοί ή ακόμη ο ευρωπαϊκός όμιλος. Ελπίζω ότι η Επιτροπή θα υποβάλει σύντομα τις σχετικές προτάσεις.
Gasςliba i Bφhm
Κύριε Πρόεδρε, κυρίες και κύριοι, χαίρομαι που παρεμβαίνω σε αυτήν τη συζήτηση σχετικά με μία σημαντική πρόταση για τη διαδικασία της ευρωπαϊκής οικοδόμησης.
Η δυνατότητα να διαθέτουμε μια πραγματική ευρωπαϊκή ανώνυμη εταιρία εντάσσεται στη λογική που μας οδήγησε σε μια ευρωπαϊκή εσωτερική αγορά, σε μια νομισματική ένωση και στην τελευταία φάση της πλήρους χρήσης του ευρώ, στην οποία ήδη πλησιάζουμε.
Ωστόσο, όπως μας υπενθύμισε εδώ ένας από τους εισηγητές, για να φτάσουμε σε αυτήν τη λογική καθυστερήσαμε τριάντα χρόνια - λίγο περισσότερο από τριάντα χρόνια - από την πρώτη πρόταση, το 1970, έως σήμερα.
Η παρατήρησή μου εξ ονόματος της Ομάδας των Φιλελευθέρων είναι διπλή: αφενός, θα υποστηρίξουμε, λογικά, την πρόταση· πιστεύουμε πως αποτελεί ένα ακόμη επίτευγμα στη διαδικασία της ευρωπαϊκής οικοδόμησης. Αφετέρου, ωστόσο, πρέπει επίσης να πούμε ότι δεν μας ικανοποιεί· όπως αναφέρεται στις τροπολογίες που κατατέθηκαν και για τις δύο εκθέσεις, η διάρθρωση που προτείνεται για τη δημιουργία μιας ανώνυμης ευρωπαϊκής εταιρίας είναι ακόμη πολύ περίπλοκη.
Υπάρχουν διάφορες επιλογές και διάφορες μορφές ευρωπαϊκής εταιρίας που μπορούν να υπάρξουν ακόμη και εντός ενός και του αυτού κράτους μέλους. Φθάσαμε να σκεφτούμε πως αν ληφθούν υπόψη οι διάφορες μορφές και επιλογές και γίνει ένας υπολογισμός των συνδυασμών, μπορούν να υπάρξουν έως και διακόσιοι διαφορετικοί συνδυασμοί. Και αυτό - πιστεύουμε - δεν είναι το πλέον κατάλληλο για την παγίωση μιας ευρωπαϊκής εταιρίας που ενεργεί σύμφωνα με αυτήν την πραγματικότητα που έχουμε ήδη επιτύχει χάρη στην εσωτερική αγορά και τη νομισματική ένωση.
Για αυτόν τον λόγο, παρουσιάσαμε επίσης, εξ ονόματος της Ομάδας των Φιλελευθέρων, μια σειρά τροπολογιών που αποσκοπούν στην παγίωση αυτής της σημαντικής για την ίδια την Οικονομική και Νομισματική Ένωση μορφής και θα θέλαμε πάρα πολύ να τις δεχτεί το Συμβούλιο.
Bouwman
- (NL) Κύριε Πρόεδρε, κύριε Επίτροπε, θα ήθελα να αναφέρω ορισμένα πράγματα, εξ ονόματος της Ομάδας των Πρασίνων, για το θέμα αυτό. Λίγο πριν από τις διακοπές, αντιμετωπίσαμε τη δυσχερή κατάσταση με την οδηγία για τις εξαγορές, της οποίας, συγκεκριμένα, το κοινωνικό μέρος για μία μεγάλη μερίδα αυτού του Κοινοβουλίου φαινόταν απαράδεκτο. Μπορούμε να είμαστε ιδιαίτερα σαφείς σχετικά με αυτό. Στην περίπτωση αυτή, η οδηγία είναι σίγουρα καλή, αν και εγώ συντάσσομαι με τις απόψεις του κ. Rothley και άλλων ότι μέχρι στιγμής είναι ιδιαίτερα αδύναμη. Αυτό οφείλεται, στην πραγματικότητα, σε μία σειρά άλλων υποθέσεων.
Πράγματι, θα προτιμούσαμε να αποτελούσαν η οδηγία για τις εξαγορές και η οδηγία για την ευρωπαϊκή εταιρεία ένα είδος package deal, ενώ, παράλληλα, να είχαν ρυθμιστεί καλύτερα θέματα που σχετίζονται με τη διαβούλευση, την ενημέρωση και τη γνωμοδότηση. Αυτή τη στιγμή, αντιμετωπίζουμε τη δύσκολη κατάσταση, κατά την οποία η μία ακολουθεί την άλλη και εμείς δεν μπορούμε να κρίνουμε ορθά τη συνοχή τους.
Τέλος, φυσικά, υποστηρίζουμε, στο πλαίσιο αυτού που αποκαλούμε "ευρωπαϊκό κοινωνικό πρότυπο" , να γίνει κάτι σε σχέση με τους κανόνες ενημέρωσης και διαβούλευσης, το οποίο να προστεθεί στις εκθέσεις των κκ. Menrad και Mayer, τις οποίες θεωρώ εξαιρετικές. Επιθυμούμε αυτό να μην συμβεί κατά το αγγλοσαξονικό πρότυπο, όπως υποστήριξα σχετικά με την οδηγία για τις εξαγορές.
Αν, αυτή τη στιγμή, συγκρίνουμε το συμβούλιο των ευρωπαϊκών εταιρειών, όπως αυτή τη στιγμή υφίσταται, με τη νομοθεσία που εξετάζεται για θέματα ενημέρωσης και διαβούλευσης, τότε υπερτερεί η σημερινή κατάσταση. Πρέπει, ακόμη, όπως θα φανεί από την υπόθεση, να πράξουμε πολλά για τη βελτίωση του συμβουλίου των ευρωπαϊκών εταιρειών. Αυτό πρέπει να τροποποιηθεί, έτσι ώστε να μην γνωρίζω πως ακριβώς θα καταλήξει.
Τέλος, είμαστε, επομένως, σύμφωνοι με αυτήν την προσέγγιση. Όσον αφορά την ενημέρωση και τη διαβούλευση υποστηρίζουμε, φυσικά, με έμφαση να περιγραφούν ως "Εργασιακές σχέσεις του Ρήνου" . Αποδεχόμαστε αυτή, επομένως, ως ελάχιστη οδηγία, για να το πω έτσι.
Η μεταφορά στο εθνικό δίκαιο για μία σειρά χωρών - και εννοώ την Αυστρία, τη Γερμανία και τις Κάτω Χώρες - θα είναι επομένως μεγάλης σημασίας, γιατί στις χώρες αυτές γενικά οι ρυθμίσεις είναι καλύτερες και οι προσαρμογές θα μπορούσαν να είναι δύσκολες.
Τέλος, θα ήθελα να επισημάνω ότι υποστηρίζω την τροπολογία 7 του κ. Menrad σχετικά με τον ορισμό της διαβούλευσης. Πρόκειται για μία πρόκληση που έχει να αντιμετωπίσει η Επίτροπος, ώστε να προχωρήσει σε αυτό και να εξετάσει με ορθό τρόπο και τις νομικές αρχές.
Gallagher
Κύριε Πρόεδρε, ύστερα από 30 έτη διαπραγματεύσεων, οι Υπουργοί Απασχόλησης και Κοινωνικών Υποθέσεων κατάφεραν τον περασμένο Δεκέμβριο να καταλήξουν σε συμφωνία σχετικά με το καταστατικό της Ευρωπαϊκής Εταιρείας. Εδώ και πολύ καιρό η δημιουργία μιας ευρωπαϊκής εταιρείας θεωρούνταν απαραίτητη για την πληρότητα του ευρωπαϊκού εταιρικού δικαίου που προωθεί τις επιχειρήσεις. Σε ένα επιχειρηματικό περιβάλλον που επηρεάζεται όλο και περισσότερο από το φαινόμενο της παγκοσμιοποίησης, η έλευση της Ευρωπαϊκής Εταιρείας είναι επίκαιρη.
Το κεφάλαιο μετακινείται εύκολα από χώρα σε χώρα καθώς οι πολυεθνικές επιχειρήσεις αναζητούν τους πλέον ελκυστικούς επιχειρησιακούς χώρους. Η Ένωση μπορεί να επιτύχει πολλά με τη δημιουργία μιας ενιαίας αγοράς αγαθών, υπηρεσιών και κεφαλαίων. Εδώ και πολύ καιρό υπήρχε η ανάγκη σύστασης μιας ευρωπαϊκής εταιρείας που θα συμπλήρωνε αυτήν την εικόνα.
Οι βουλευτές του Κοινοβουλίου προέρχονται από 15 διαφορετικά κυρίαρχα κράτη και αντιλαμβάνονται ότι το εταιρικό δίκαιο διαφέρει ευρέως από το ένα κράτος μέλος στο άλλο. Χαιρετίζω το γεγονός ότι ο εν λόγω κανονισμός προβλέπει πέντε διαφορετικές μορφές σύστασης ευρωπαϊκών εταιρειών. Το εταιρικό δίκαιο των κρατών μελών προβλέπει δύο διαφορετικά συστήματα διοίκησης. Ο κανονισμός προτείνει την ύπαρξη σε κάθε χώρα και των δύο συστημάτων. Οι επιχειρήσεις μπορούν συνεπώς να επιλέξουν το σύστημα που ανταποκρίνεται καλύτερα στις ανάγκες τους.
Εν όψει της ύφεσης της οικονομίας των ΗΠΑ, και συνεπώς της παγκόσμιας οικονομίας, είναι απαραίτητο εμείς, ως νομοθέτες, να κάνουμε ό,τι μπορούμε προκειμένου να διευκολύνουμε τις επιχειρήσεις και τη δημιουργία θέσεων απασχόλησης. Η δημιουργία και διοίκηση των ευρωπαϊκών εταιρειών πρέπει να συναντά όσο το δυνατόν λιγότερα εμπόδια και γραφειοκρατικούς φραγμούς. Οι εταιρείες πρέπει να διαθέτουν την ευελιξία που χρειάζονται προκειμένου να παρακολουθούν με ευκολία τις εξελίξεις και να προσαρμόζονται γρήγορα σε ένα ιδιαίτερα ανταγωνιστικό περιβάλλον.
Ο εισηγητής αναφέρεται στην φορολογία. Πρέπει να καταστεί σαφές ότι η φορολογική πολιτική είναι ένα θέμα που αφορά το κάθε κράτος μέλος και το εθνικό του κοινοβούλιο. Οποιαδήποτε πρόταση περί καταβολής φόρου επί του εισοδήματος των επιχειρήσεων από τις ευρωπαϊκές εταιρείες και είσπραξής του από τα ταμεία της ΕΕ είναι εντελώς απαράδεκτη. Η ιρλανδική κυβέρνηση έχει μια πολιτική χαμηλής φορολογίας των επιχειρήσεων, για την ενθάρρυνση των επενδύσεων. Ο συντελεστής μας του 12,5% έχει αποδείξει την αξία του, καθώς ουσιαστικά αυξάνει τα φορολογικά έσοδα ενώ συγχρόνως προωθεί την βιώσιμη ανάπτυξη. Η Ιρλανδία δεν θα μπορούσε να δεχθεί οποιαδήποτε πρόταση εναρμόνισης των φορολογικών συντελεστών για τις επιχειρήσεις, ιδίως σε αυτήν την περίοδο της οικονομικής ύφεσης.
Συγχαίρω τον κ. Menrad και την Επιτροπή Απασχόλησης και Κοινωνικών Υποθέσεων για το έργο τους στον τομέα των δικαιωμάτων των εργαζομένων. Εμείς στην Ευρώπη θεωρούμε εδώ και καιρό ότι μια προσέγγιση εταιρικής σχέσης αποδίδει καλύτερα. Οι εταιρείες βασίζονται στους υπαλλήλους τους. Δεν πρέπει να υπάρξει καμιά κατάργηση των δικαιωμάτων των εργαζομένων που έχουν κατακτηθεί με την πάροδο του χρόνου. Είναι αδιανόητη η ύπαρξη Ευρωπαϊκής Εταιρείας χωρίς κάποιας μορφής συμμετοχή. Υπάρχουν διάφορα μοντέλα συμμετοχής των εργαζομένων. Είναι θετικό το γεγονός ότι ο κανονισμός αποφεύγει να καθιερώσει ένα ενιαίο μοντέλο για όλους. Εν κατακλείδι, ο βαθμός της συμμετοχής των εργαζομένων θα αποφασισθεί μέσω ελεύθερων διαπραγματεύσεων μεταξύ των ενδιαφερόμενων επιχειρήσεων και των εργαζομένων.
Harbour
Κυρία Πρόεδρε, λαμβάνω απόψε το λόγο εξ ονόματος του συναδέλφου μου λόρδου Inglewood, ο οποίος παρακολουθεί το θέμα ως σκιώδης εισηγητής εκ μέρους της ομάδας των βρετανών συντηρητικών και ο οποίος δυστυχώς καθυστέρησε λόγω της ανεπάρκειας των αεροπορικών μεταφορών από εδώ στις Βρυξέλλες. Μου ζήτησε να σας τονίσω ιδιαίτερα αυτό το σημείο.
Χαιρετίζω ιδιαίτερα αυτήν την πρόταση ως ρεαλιστική. Δεν θέλω να αναφερθώ στο πώς θα μπορούσε να ήταν. Θα ήθελα να απευθύνω ορισμένες παρατηρήσεις προς τον Επίτροπο σχετικά με την εφαρμογή της εν λόγω πρότασης, διότι το γεγονός ότι τελικά θα παρουσιάσουμε κάτι στην αγορά είναι μια ευπρόσδεκτη εξέλιξη - και έτσι θα πρέπει να το θεωρούμε - εφόσον οι εταιρείες θα έχουν την επιλογή είτε να υιοθετήσουν αυτή τη μορφή καταστατικού είτε όχι. Είναι απόλυτα ρεαλιστικό και πρακτικό να έχουμε μια αρχική πρόταση που θα υποβληθεί στην κρίση των κυβερνήσεων των 15 κρατών μελών.
Θα ήθελα να πω στον Επίτροπο ότι πρέπει να δοθεί μεγάλη προσοχή στη διασφάλιση της συνεπούς εφαρμογής των κανόνων αυτού του νέου εταιρικού καταστατικού σε όλα τα κράτη μέλη. Επί του παρόντος, στα ισχύοντα καταστατικά των κρατών μελών η εφαρμογή του εταιρικού δικαίου δεν είναι συνεκτική σε θέματα όπως η δημοσίευση πληροφοριών, η έγκαιρη δημοσίευση ισολογισμών, το σωστό κλείσιμο ισολογισμών - σήμερα όλα αυτά εφαρμόζονται με διαφορετικό τρόπο. Αυτό το νέο καταστατικό πρέπει να εφαρμοστεί με συνεκτικότητα και οφείλουμε να διασφαλίσουμε ότι τα δικαστήρια που θα αναλάβουν τη σχετική ευθύνη στα κράτη μέλη θα διαθέτουν την απαραίτητη κατάρτιση και ικανότητα.
Συμφωνώ επίσης με αυτό που είπαν οι συνάδελφοι για τα θέματα που αφορούν τη φορολογία και το εταιρικό δίκαιο. Στο σοφό συμπέρασμα στο οποίο καταλήγει η εξαιρετική έκθεσή του, ο κ. Mayer υποστηρίζει ότι η Ευρωπαϊκή Εταιρεία πρέπει να αρχίσει το παρθενικό της ταξίδι. Τότε θα αποδειχθεί πού πρέπει ακόμη να γίνουν επισκευές - αυτό είναι σίγουρο. Αλλά δεν θα πρέπει να την επιβαρύνουμε με άλλες προσδοκίες για ευθυγράμμιση του εταιρικού δικαίου, ιδίως δε με προσδοκίες για φορολογική εναρμόνιση. Συμφωνώ με τους συναδέλφους που υποστήριξαν πόσο επικίνδυνο είναι αυτό ως έννοια. Δεν πρέπει να επιβαρύνουμε το εν λόγω καταστατικό με πράγματα τα οποία δεν σχεδιάστηκε να μεταφέρει, αλλιώς θα βυθιστεί, και πολύ γρήγορα μάλιστα.
Medina Ortega
Κύριε Πρόεδρε, σχετικά με την τελευταία παρέμβαση του κ. Harbour, πρέπει να του πω ότι δεν υπάρχει μεγάλος κίνδυνος βύθισης του πλοίου, διότι δεν είναι πολύ φορτωμένο. Εγώ δεν έχω δει ποτέ κανονισμό ή πρόταση κανονισμού τόσο ελαφριά όσο αυτή. Είναι δε τόσο ελαφριά που πρακτικά δεν θα έχουμε κοινωνική εναρμόνιση.
Όπως είπε ο κ. Rothley, αυτό που θα έχουμε είναι δεκαπέντε διαφορετικές εθνικές νομοθεσίες σχετικά με την Ευρωπαϊκή Εταιρία, δεκαπέντε διαφορετικές Ευρωπαϊκές Εταιρίες και, όπως είπε ο κ. Gasςliba i Bφhm, θα έχουμε διακόσιους και κάτι πιθανούς συνδυασμούς διαφορετικών μορφών εταιρίας. Πρόκειται πραγματικά για την πιο soft νομοθεσία που έχω δει ποτέ στη ζωή μου.
Δεύτερον, το Συμβούλιο σκοπεύει να μας αφαιρέσει τη νομοθετική ιδιότητα: ο κ. Gallagher έκανε λόγο για νομοθετική δράση. Αν ακολουθήσουμε τον δρόμο του Συμβουλίου, το Κοινοβούλιο θα πάψει να έχει οποιαδήποτε νομοθετική εξουσία. Πιστεύω πως το Κοινοβούλιο θα συνεχίσει πιθανώς τον σωστό δρόμο αν θέσει αυτήν την απόφαση ενώπιον του Ευρωπαϊκού Δικαστηρίου, γιατί δεν μπορούν να υπάρχουν μονομερείς τροποποιήσεις των Συνθηκών από ένα κοινοτικό θεσμικό όργανο.
Τρίτον, όπως επεσήμανε πριν ο κ. Rothley, το είδος της εταιρίας που θα δημιουργήσουμε δεν θα παρέχει κανένα ιδιαίτερο πλεονέκτημα και, προπαντός, δεν θα παρέχει κανένα φορολογικό πλεονέκτημα· αν δεν κινηθούμε στον χώρο της φορολογίας, θα είναι πολύ δύσκολο να ενθαρρύνουμε τη δημιουργία ευρωπαϊκών εταιριών και, κατά συνέπεια, είναι κατά τη γνώμη μου πολύ σημαντικό, όπως πρότειναν οι περισσότεροι από τους προηγούμενους ομιλητές, να ενεργήσουμε στον χώρο της φορολογίας. Ο κ. Harbour μίλησε για την πιθανότητα βύθισης του πλοίου. Εγώ θα έλεγε μάλλον πως ο κίνδυνος που αντιμετωπίζει το πλοίο είναι να αναποδογυρίσει λόγω έλλειψης βάρους. Ο κ. Harbour έχει πιθανώς κάποια ναυτική πείρα και γνωρίζει πως όταν ένα πλοίο δεν έχει βάρος είναι εύκολο να αναποδογυρίσει, να γείρει προς το πλάι ή να βυθιστεί για άλλους λόγους.
Συνεπώς, πιστεύω πως το σημαντικό αυτήν τη στιγμή είναι: πρώτον, να επιμείνουμε στα προνόμια του Κοινοβουλίου από νομικής πλευράς και, δεύτερον, να επιμείνουμε ότι προκειμένου να υπάρξει ευρωπαϊκό εταιρικό δίκαιο, είναι σκόπιμο να ενσωματώσει και τις φορολογικές πτυχές. Χωρίς φορολογία θα είναι πολύ δύσκολο να αναπτύξουμε ευρωπαϊκό οικονομικό δίκαιο, ευρωπαϊκό εταιρικό δίκαιο και ευρωπαϊκό εμπορικό δίκαιο.
Flautre
Κύριε Πρόεδρε, η πρόταση οδηγίας για το ρόλο των εργαζομένων στην Ευρωπαϊκή Εταιρία μας δίνει την ευκαιρία, και είναι η πρώτη φορά, να ορίσουμε σε ευρωπαϊκό επίπεδο, με ακρίβεια, αυτό που εννοούμε λέγοντας δικαίωμα ενημέρωσης διαβούλευσης και συμμετοχής των εργαζομένων σε όλες τις επιχειρήσεις. Αποτελεί προϋπόθεση για την εγγραφή στο εμπορικό μητρώο μιας εταιρίας, η οποία θα επιλέξει αυτό το νέο καταστατικό μετά τη σύναψη μιας συμφωνίας κατόπιν διαπραγματεύσεων για το ρόλο των εργαζομένων.
Υπό αυτές τις συνθήκες, η Ομάδα των Πρασίνων μη θέλοντας να κάνει τη δύσκολη, στηρίζει την έκθεση του κ. Menrad και τις προτάσεις του, που στοχεύουν στην ταχεία υιοθέτηση και την αποτελεσματική εφαρμογή αυτής της οδηγίας. Βέβαια, το κάνουμε με την πεποίθηση ότι αυτή η απαραίτητη προϋπόθεση δεν επαρκεί για να θεωρήσουμε ότι η ευρωπαϊκή νομοθεσία ανταποκρίνεται πραγματικά στις σημερινές ανάγκες. Θα πρέπει, μετά την την ψηφοφορία, να πέσουμε πάλι στη δουλειά.
Γνωρίζετε, πράγματι, ότι αυτή η οδηγία θα ισχύσει αύριο μόνο για τους εργαζόμενους των επιχειρήσεων που θα επιλέξουν αυτό το νέο καταστατικό, δηλαδή για μια μικρή μειονότητα. Για το λόγο αυτό πρέπει να κρατηθούμε μακριά από κάθε είδους θριαμβολογία και κάθε διαφημιστικό τέχνασμα. Ουσιαστική πρόοδο θα έχουμε σημειώσει μόνον όταν θα έχουμε, ταυτοχρόνως, υιοθετήσει αυτή την οδηγία, αναθεωρήσει την οδηγία για την οποία θα συζητήσουμε σε λίγο σχετικά με τις ευρωπαϊκές επιτροπές επιχειρήσεων και εγκρίνει την οδηγία για την ενημέρωση και τη διαβούλευση των εργαζομένων κάτω από προϋποθέσεις κάπως διαφορετικές από την πρόταση που υιοθετήθηκε από το Συμβούλιο. Για να ολοκληρωθεί το νομοθετικό αυτό έργο μέσα σε συνθήκες που να εγγυώνται τον ουσιαστικό διάλογο με την κοινωνία των πολιτών, προϋπόθεση είναι η χρήση της διαδικασίας της συναπόφασης.
Θα ήθελα να υπογραμμίσω για το εν λόγω θέμα ότι η Ομάδα των Πρασίνων αρνείται την πίεση που καταλήγει πρακτικά στον περιορισμό του δικαιώματός της να νομοθετεί με τη δικαιολογία της αποτελεσματικότητας και της ταχύτητας, και ακόμα περισσότερο γιατί όλος ο κόσμο γνωρίζει ότι ο φάκελος αυτός είναι παλαιός.
Pιrez Αlvarez
Κύριε Πρόεδρε, θα ήθελα καταρχάς να συγχαρώ τους δύο εισηγητές για το έργο τους, το οποίο, αν και για τους σχολαστικούς σαφώς δεν αγγίζει το ζενίθ ή την κορυφή που θα αναμενόταν, ωστόσο κάνει σημαντικές προόδους προς την ανάπτυξη μιας πραγματικής μελλοντικής ευρωπαϊκής ανώνυμης εταιρίας, η οποία, κατά συνέπεια, θα χαρακτηρίζεται από το περιεχόμενο που πρέπει να αντιστοιχεί σ' αυτήν την έννοια.
Ο Max Weber ορίζει την επιχείρηση ως μια οργάνωση που, μέσω του ελέγχου, έχει ως αντικείμενο την παραγωγή αγαθών και υπηρεσιών για μία αγορά. Προφανώς, μια επιχείρηση μπορεί να ανήκει τόσο σε φυσικό όσο και σε νομικό πρόσωπο και είναι γενικευμένη πρακτική, που απορρέει τόσο από τη βούληση του μεμονωμένου επιχειρηματία να περιορίσει την ευθύνη του - προπαντός την περιουσιακή - έναντι τρίτων, όσο και απο την επιθυμία οι επιχειρήσεις ενός οικονομικού φορέα να αποκτήσουν τη μορφή εταιρίας.
Φυσικά, επιχείρηση σημαίνει πλουραλισμό, οργάνωση αγαθών, αλλά προπαντός υπηρεσιών.
Συνεπώς, είναι λογικό - και αναφέρομαι κυρίως στις κοινωνικές πτυχές - να μελετάται, να αναλύεται και να ρυθμίζεται ιδιαίτερα η συμμετοχή των εργαζομένων στο καταστατικό της ευρωπαϊκής ανώνυμης εταιρίας, και σε ένα δυϊκό σύστημα, με γενική συνέλευση και όργανο διεύθυνσης ή εποπτείας, ή σε ένα μονιστικό σύστημα απλώς με όργανο διεύθυνσης, να λαμβάνονται υπόψη, να ακούγονται και να γίνονται δεκτά τα αισθήματα και οι γνώσεις των εργαζομένων μέσω των εκπροσώπων τους και οι εργαζόμενοι να γνωρίζουν την πορεία της επιχείρησης, τους κινδύνους, τα συμβάντα και τους στόχους που επιδιώκει.
Λόγω χρόνου, αλλά και επειδή δεν πιστεύω πως είναι απαραίτητο, δεν θα αναφερθώ στις μορφές και στα επίπεδα συμμετοχής στο όργανο διαπραγματεύσεων ούτε στον ρόλο της ευρωπαϊκής ανώνυμης εταιρίας στη διάρθρωση και τη διαμόρφωση του ευρωπαϊκού κοινωνικού βίου. Ωστόσο, επιτρέψτε μου να αναφερθώ στον ρόλο των εκπροσώπων των εργαζομένων κατά το κλείσιμο όλων ή μέρους των εγκαταστάσεων σε μία ή σε πολλές χώρες, στις σχέσεις του προσωπικού, στη δημιουργία θυγατρικών εταιριών, εν γένει σε όλες τις σημαντικές αποφάσεις της κανονικής ζωής της επιχείρησης. Είναι επίσης σημαντική η μεταβατική περίοδος των τριών ετών, το υψηλό επίπεδο ομοιομορφίας των διατάξεων εφαρμογής του Κανονισμού και ενσωμάτωσης της οδηγίας, που θα εγκρίνουν τον λόγο ύπαρξης, θα διευκολύνουν την Ευρωπαϊκή Ανώνυμη Εταιρία και θα βοηθήσουν να δημιουργηθεί περισσότερη Ευρώπη, ωφελώντας τις επιχειρήσεις, την απασχόληση και τους καταναλωτές.
Weiler
Κύριε Πρόεδρε, αγαπητοί συνάδελφοι, συζητώντας για το θέμα αυτό αναγκαστικά πρέπει να επανέλθουμε και στα γεγονότα της Γένοβας. Η προσβολή των δικαιωμάτων των πολιτών θα μας απασχολήσει άλλωστε και αργότερα. Απόψε θέλω να αναφερθώ στη διαμαρτυρία δέκα χιλιάδων ατόμων, στην πλειοψηφία νέων, κατά της παγκοσμιοποίησης και κυριαρχίας της οικονομίας. Πρέπει να πάρουμε πιο σοβαρά από παλιότερα την ανησυχία τους για την αυξανόμενη διαίρεση του κόσμου σε φτωχούς και πλούσιους και την εκμετάλλευση των φυσικών μας αποθεμάτων. Ακριβώς επειδή πολλά προβλήματα δεν μπορούν πλέον να επιλυθούν σε εθνικό επίπεδο, η Ευρωπαϊκή Ένωση έχει την ιδιαίτερη αποστολή να ελέγχει τις αχαλίνωτες οικονομικές και δημοσιονομικές μηχανορραφίες.
Μέχρι σήμερα, η Ευρωπαϊκή Ένωση είχε προχωρήσει πολύ διστακτικά στην εκτέλεση αυτής της αποστολής. Έχουμε αρκετές δυνατότητες και μία από αυτές είναι να κατοχυρωθεί νομικά η συμμετοχή των εργαζομένων, η πληροφόρηση και οι διαβουλεύσεις πριν από τη λήψη αποφάσεων. Η Ευρωπαϊκή Εταιρεία ουσιαστικά είναι μια ιδέα που προκύπτει αναγκαστικά στο πλαίσιο της Ευρωπαϊκής Εσωτερικής Αγοράς και κατά βάσιν είναι επίσης εύλογη, παρόλ' αυτά, όμως, μπορεί να γίνει αποδεκτή από εμάς τους Σοσιαλδημοκράτες μόνο εάν συμπεριληφθούν οι εργαζόμενοι και οι συνδικαλιστικοί τους φορείς.
Οι αποφάσεις των επιχειρήσεων μπορεί να θεωρηθεί ότι έχουν εξεταστεί πραγματικά επαρκώς μόνο εάν έχουν συμπεριληφθεί και οι απόψεις των εργαζομένων. Η διοίκηση δεν μπορεί να λάβει μόνη της βιώσιμες αποφάσεις. Οι πολυάριθμες χρεωκοπίες μετά από συγχώνευση, καθώς και τα γεγονότα αναφορικά με τη Renault στο Vilvoorde, της Danone, τη Marks & Spencer και άλλες εταιρείες, που συνέβησαν στο παρελθόν, αποτελούν βασικά επαρκείς αποδείξεις γι' αυτό.
Θα ήθελα να ευχαριστήσω θερμά εκ των υστέρων την γαλλική κυβέρνηση για το γεγονός ότι βρήκε έναν συμβιβασμό και έπεισε τελικά και τους Ισπανούς ότι αυτό το νομικό σχέδιο πρέπει να δρομολογηθεί. Ωστόσο θέλω να εκφράσω την κριτική μου για την διαδικασία που όρισε το Συμβούλιο. Ως προς αυτό, συμμερίζομαι τις επικρίσεις της Επιτροπής Νομικών Θεμάτων. Θα ήθελα όμως νας σας πω, κύριε Lehne, ότι η αιτιολόγησή σας δεν μου φάνηκε απόλυτα βάσιμη, γιατί ως γνωστόν το Συμβούλιο ήξερε ότι μπορεί να υπολογίζει στην υποστήριξη του Κοινοβουλίου. Επίσης, η επιτροπή κατά τις εργασίες της, ακολούθησε τη διαδικασία με γρήγορο κι εποικοδομητικό τρόπο. Εμείς δεν θα είχαμε αποτελέσει αιτία αποτυχίας. Συνεπώς η αλλαγή νομικής βάσης ήταν απόλυτα αδικαιολόγητη. Συμφωνώ με την κριτική που διατυπώθηκε και θεωρώ ότι το Συμβούλιο θα έπρεπε να εξετάζει διεξοδικά και να αιτιολογεί παρόμοιες αποφάσεις. Μέχρι σήμερα όμως δεν ακούσαμε καμία αιτιολόγηση της αλλαγής της νομικής βάσης.
Θέλω να ευχαριστήσω τον κ. Menrad γιατί έφερε τη συγκεκριμένη έκθεση σε ψηφοφορία με γρήγορη και εποικοδομητική συνεργασία με εμάς στην Επιτροπή Απασχόλησης και Κοινωνικών Υποθέσεων. Τον ευχαριστώ επίσης που έκανε δεκτές ορισμένες συγκεκριμενοποιήσεις που πρότεινε η Ομάδα μου. Πιστεύω όμως, κύριε Menrad, πως συμφωνούμε ότι δεν πρέπει να εγκρίνουμε την τροπολογία αριθ. 12. Εγώ τουλάχιστον αυτό συνέστησα στην Ομάδα μου.
Τελειώνοντας, απευθύνω έκκληση να δώσουμε αύριο με μεγάλη πλειοψηφία θετική ψήφο, προκειμένου να ξεκινήσει το πλοίο αυτό το ταξίδι του - όπως το διατύπωσε ένας συνάδελφος - μολονότι παραδεχόμαστε, βέβαια, ότι υπάρχουν ορισμένοι ενδοιασμοί και ορισμένα αντιφατικά σημεία. Θεωρώ όμως επίσης σκόπιμο να δρομολογηθεί έγκαιρα, πριν από την έναρξη της εποχής του ευρώ, ένας νόμος που θα λαμβάνει υπόψη τους εργαζόμενους και θα συμπεριλαμβάνει τα συμφέροντά τους. Αλλωστε, η προβλεπόμενη επανεξέταση δεν είναι ανάγκη να γίνει μετά από έξι χρόνια. Θα μπορούσαμε να την κάνουμε και ενωρίτερα.
Fatuzzo
Κύριε Πρόεδρε, αυτή η οδηγία σχετικά με το καταστατικό της Ευρωπαϊκής Ανώνυμης Εταιρίας είναι καλή ή κακή οδηγία; Ξέροντας ότι θα έπρεπε να μιλήσω, εχθές τη νύχτα ονειρεύτηκα πως ήμουν ο βουλευτής Fatuzzo. Ήμουν όμως ένας βουλευτής Fatuzzo με πιο άσπρα μαλλιά, πιο ηλικιωμένος, και ήμουν επίσης και πλούσιος, πολύ πλούσιος, πάμπλουτος, τόσο πλούσιος που κολυμπούσα στο χρυσάφι, όπως ο Θείος Σκρουτζ. Και μαζί με εμένα κολυμπούσε και ο κ. Winfried Menrad, ο εισηγητής, αλλά και εσείς κύριε Πρόεδρε. Ναι, ονειρεύτηκα ότι και οι τρεις μας κολυμπούσαμε μέσα σε κέρματα ευρώ. Γιατί; Διότι είχα γίνει πλούσιος από τη στιγμή που - μετά την έγκριση της Ευρωπαϊκής Ανώνυμης Εταιρίας - είχα γίνει βιομήχανος, είχα χτίσει εργοστάσια σε ολόκληρη την Ευρώπη και είχα συστήσει την Ευρωπαϊκή Εταιρία με έδρες και στα δεκαπέντε κράτη της Ευρώπης. Αυτή η οδηγία είναι τόσο καλοφτιαγμένη και ξεκινάει μία πορεία που θα οδηγήσει τόσο πολλούς στον πλούτο, ώστε εγώ - που ήμουν ο πρώτος που είχα συστήσει μία Ευρωπαϊκή Εταιρία σε όλες τις χώρες - είχα γίνει πλούσιος, πάμπλουτος μάλιστα.
Λοιπόν, κύριε Πρόεδρε, κλείνοντας αυτή μου τη δήλωση υποστήριξης προς αυτή την οδηγία, δεν μπορώ παρά να προσκαλέσω τον κ. Menrad, ο οποίος αφοσιώθηκε πολλά χρόνια στη σύνταξη αυτής της έκθεσης και αυτής της οδηγίας, αλλά και εσάς, κύριε Πρόεδρε, να κάνουμε μία βουτιά στην πισίνα μου, που είναι γεμάτη ευρώ, στον πύργο που αγόρασα, για να κάνετε διακοπές μαζί μου. Φυσικά στον ύπνο μας, κύριε Πρόεδρε!
Cercas
Κύριε Πρόεδρε, το νομικό δόγμα και η πολιτική συζητούν πολύ σχετικά με το ευρωπαϊκό κοινωνικό πρότυπο και θα πρέπει να πούμε πως, τουλάχιστον όσον αφορά τα συλλογικά δικαιώματα που ρυθμίζουν τις βιομηχανικές και εργασιακές σχέσεις, το ευρωπαϊκό εταιρικό δίκαιο, όπως βλέπουμε απόψε, βρίσκεται στη φάση μιας δύσκολης γέννας έπειτα από μια εγκυμοσύνη που διήρκεσε τριάντα χρόνια.
Θα ήθελα επίσης να υπενθυμίσω ότι παρά τη θέρμη της Συνθήκης του Μάαστριχτ και του Κοινωνικού Πρωτοκόλλου, από το 1974 υπάρχει μόνο ένα νομοθετικό μέσο που έχει εγκριθεί σε επίπεδο Ευρωπαϊκής Ένωσης. Συνεπώς, εμείς που έχουμε τις κεραίες μας τεντωμένες προς τη γνώμη εκατομμυρίων και εκατομμυρίων εργαζομένων, μπορούμε σήμερα να νιώσουμε ικανοποίηση που γίνεται αυτή η δεύτερη προσέγγιση, στη συνέχεια θα δούμε επίσης τη μεταρρύθμιση του καταστατικού. Ωστόσο, κύριε Πρόεδρε, θα πρέπει τουλάχιστον να πούμε πως κινούμαστε υπερβολικά αργά και με τόσο πολλές προφυλάξεις και επιφυλάξεις (όσον αφορά ορισμένες χώρες που εκπροσωπούνται στο Συμβούλιο, μεταξύ άλλων και τη δική μου) που ειλικρινά στο τέλος θα έχουμε προσπαθήσει τόσο για το τίποτα. Ωδίναμε όρος και γεννήσαμε μυν. Όμως, εγώ θα το υποστηρίξω, όπως είναι λογικό. Έπειτα από τόση ξηρασία πέφτει αυτή η μικρή σταγόνα δροσερού νερού που, αν και είναι ακόμη πολύ ανεπαρκής, θα μειώσει το τεράστιο αυτό άγχος που έχουν επίσης οι πολίτες μας.
Αυτό που συμβαίνει στην Ευρώπη - θέλω να το υπενθυμίσω στους κυρίους του Συμβουλίου - όπως είπε η κ. Weiler, αυτό που συμβαίνει στην Ευρώπη και σε ολόκληρο τον κόσμο είναι ότι οι άνθρωποι νιώθουν άγχος βλέποντας ότι οι κοινωνικές πρόοδοι που είχαν επιτευχθεί σε κάθε χώρα, η διαδικασία της διεθνοποίησης, η διαδικασία της παγκοσμιοποίησης, η διαδικασία της οικοδόμησης της Ευρωπαϊκής Ένωσης - και αύριο η διεύρυνσή της - δεν μπορούν επ' ουδενί να προκαλέσουν οπισθοδρόμηση όσον αφορά τις κοινωνικές προόδους. Ωστόσο, βλέπουμε ότι πολλές κυβερνήσεις, μέρος της πολιτικής γνώμης και επίσης μέρος των επιχειρήσεων θέλουν τώρα να εξαλείψουν μεγάλος μέρος του κεκτημένου σε εθνικό επίπεδο.
Θα ήθελα να συγχαρώ τον κ. Menrad γιατί υπερασπίστηκε, με θέσεις της μεγαλύτερης ιστορίας της χριστιανικής δημοκρατίας, μαζί με τη δική μας ιστορία, τη σοσιαλδημοκρατική, κοινωνικές κατακτήσεις που υπάρχουν στη χώρα του και που απευθύνονται σε ολόκληρη την Ευρώπη.
Αυτή θα πρέπει να είναι η προοπτική μας: να προχωρούμε και να κινούμαστε προς την κατεύθυνση των πιο αναπτυγμένων χωρών και όχι των πιο καθυστερημένων· να δεχόμαστε τα επιχειρήματα εκείνων που σκέφτονται τους πολίτες, τους εργαζόμενους, και όχι εκείνων που σκέφτονται πώς να καταργήσουν ιστορικές κατακτήσεις αυτών των πολιτών και αυτών των εργαζομένων.
Συνεπώς, κύριε Πρόεδρε, παρά τις πολλές αμφιβολίες, αμφιβολίες σχετικές με τη νομική βάση - πιστεύω πως θα πρέπει να καταβάλουμε προσπάθεια να υπερασπιστούμε τα δικαιώματα του Κοινοβουλίου - δεν πρέπει να καθυστερήσουμε ούτε ένα δευτερόλεπτο παραπάνω μια κοινωνική νομοθεσία που, μαζί με την οδηγία ενημέρωσης και διαβούλευσης, θα πρέπει να προχωρήσει γρήγορα. Και θα έρθει η στιγμή που με την πείρα θα βελτιώσουμε τις σημερινές ελλείψεις.
Bushill-Matthews
Κύριε Πρόεδρε, στην αρχή της παρέμβασής μου θα ήθελα να αναφερθώ σύντομα στα σχόλια του κ. Medina Ortega από την άλλη πλευρά του Σώματος, ο οποίος παραπονέθηκε για όσα δεν πραγματοποιεί αυτή η νομοθεσία, αναφερόμενος ειδικά στην κοινωνική και στη φορολογική εναρμόνιση - παραλείψεις που εγώ προσωπικά χαιρετίζω. Ωστόσο, παρά τις διαφορετικές θέσεις μας στο Σώμα, δεν θα πρέπει ουσιαστικά να παραπονούμαστε για όσα δεν κάνει η εν λόγω νομοθεσία. Θα πρέπει να είμαστε ευτυχείς γι' αυτά που κάνει, για το ότι δηλαδή το καταστατικό της Ευρωπαϊκής Εταιρείας θα τεθεί σε ισχύ ύστερα από μια μακρά περίοδο 30 ετών.
Όπως έχει ειπωθεί, αυτό είναι προαιρετικό. Στο παρόν στάδιο, δεν γνωρίζουμε πόσες επιχειρήσεις θα ενδιαφερθούν για τη σύσταση τέτοιων εταιρειών, ούτε τι ατέλειες ενδέχεται να ανακαλύψουν στη νομοθεσία εφόσον το πράξουν. Δεν γνωρίζουμε ποιες εταιρείες θα μπορούσαν να ενδιαφερθούν αλλά διστάζουν να προχωρήσουν στη σύσταση τέτοιων εταιρειών, και πάλι λόγω ατελειών στη νομοθεσία. Ενδέχεται να χρειαστούν και άλλες αλλαγές.
Συζήτησα με έναν από τους εισηγητές, τον κ. Menrad, την ιδέα να συμπεριλάβει στην έκθεσή του μια τροπολογία σύμφωνα με την οποία η εν λόγω νομοθεσία θα πρέπει να επανεξεταστεί εντός εύλογου χρονικού διαστήματος, για να διαπιστωθεί ποιες βελτιώσεις είναι ενδεχομένως απαραίτητες, υπό το φως της εμπειρίας. Με χαρά δέχθηκε να υποστηρίξει αυτή την ιδέα, αλλά πολύ σοφά πρότεινε ότι οποιαδήποτε σχετική τροπολογία πρέπει να συμπεριληφθεί στο κύριο σώμα της έκθεσης περί του καταστατικού, δηλαδή στην έκθεση Hans-Peter Mayer. Βάσει των ανωτέρω, δεν υπέβαλα καμιά τέτοια τροπολογία εδώ, αλλά θα τονίσω την τροπολογία αριθ. 16 της έκθεσης Hans-Peter Mayer, η οποία καλύπτει συγκεκριμένα όλα τα θέματα, επομένως περιλαμβάνει και τα θέματα διαβούλευσης. Πολύ συχνά οι νόμοι της ΕΕ είναι πολύ άκαμπτοι. Πρέπει να γίνουν πιο ευέλικτοι. Αυτό θα πρέπει να αποτελέσει τον κανόνα και όχι την εξαίρεση.
Hermange
Κύριε Πρόεδρε, επιτρέψτε μου κατ' αρχάς να συγχαρώ και να ευχαριστήσω τον εισηγητή μας για την επιμέλεια και την αποτελεσματικότητα τις οποίες επέδειξε κατά την ενασχόλησή του με τον εν λόγω φάκελο που αφορά τη συμμετοχή των εργαζομένων, η οποία υπήρξε για πολλά χρόνια η πέτρα του σκανδάλου στις διαπραγματεύσεις για τον κανονισμό της Ευρωπαϊκής Εταιρίας. Αν και η πρώτη πρόταση κανονισμού χρονολογείται από το 1970, χρειάστηκε, πράγματι, να περιμένουμε το Ευρωπαϊκό Συμβούλιο της Νίκαιας, για να επιτευχθεί, εν τέλει, μία συμφωνία πάνω σε ένα σχέδιο οδηγίας σχετικά με το ρόλο των εργαζομένων, ως συμπλήρωμα του σχεδίου κανονισμού που αφορά τον κανονισμό της Ευρωπαϊκής Εταιρίας. Πρόκειται λοιπόν για μία ασταθή ισορροπία που επετεύχθη από το Συμβούλιο της 20ης Δεκεμβρίου. Είναι σημαντικό να μεριμνήσουμε για τη διατήρηση αυτής της ισορροπίας.
Για το λόγο αυτό η τροπολογία 4, που υποχρεώνει τα κράτη μέλη να λαμβάνουν τα κατάλληλα μέτρα ώστε να προβλέπονται διαβουλεύσεις σε περίπτωση αναδιάρθρωσης, μοιάζει να είναι δύσκολα αποδεκτή. Πράγματι, αυτό ισοδυναμεί με το να αμφισβητούμε την δύσκολα επιτευχθείσα συμφωνία. Το ίδιο ισχύει για την τροπολογία 7 που στοχεύει στην κατάργηση της περιοριστικής απαρίθμησης των δικαιωμάτων του οργάνου που εκπροσωπεί τους εργαζόμενους σε θέματα συμμετοχής, και η οποία οδηγεί στην πράξη στην καθιέρωση ενός συστήματος συμμετοχής που δεν λαμβάνει υπόψη τις εθνικές ιδιαιτερότητες και θέτει υπό ερώτηση το μηχανισμό εξασφάλισης των δικαιωμάτων στη συμμετοχή που προβλέπονται από το παράρτημα της οδηγίας.
Το καταστατικό της Ευρωπαϊκής Εταιρίας αναμένεται εδώ και πάνω από 30 χρόνια από τους οικονομικούς και κοινωνικούς φορείς. Ας προσέξουμε, λοιπόν, αγαπητοί συνάδελφοι, να ανταποκριθούμε στην ανάγκη για απλότητα, αλλά και για ευελιξία που εκφράζουν οι επιχειρήσεις και να μην περιπλέξουμε, κατ' επέκταση, αυτό το καταστατικό, προσθέτοντας νέους περιορισμούς που θα αποθαρρύνουν τις ενδιαφερόμενες επιχειρήσεις και κυρίως τις μικρομεσαίες επιχειρήσεις να χρησιμοποιήσουν αυτό το νέο εργαλείο για την εξυπηρέτησή τους.
Karas
Κύριε Πρόεδρε, κύριε Επίτροπε, κυρίες και κύριοι, αρχικά θέλω να συγχαρώ θερμά τους δύο εισηγητές Menrad και Mayer, αλλά και να επεκτείνω τα συγχαρητήριά μου στους κυρίους Gasςliba, Rothley και Lehne, οι οποίοι συμπλήρωσαν το θέμα παρουσιάζοντας επιμέρους πτυχές του. Αισθάνομαι ευχαρίστηση για το γεγονός ότι οι εκθέσεις Mayer και Menrad συζητούνται από κοινού, επειδή αυτό εκφράζει επίσης ότι προσπαθούμε να βιώσουμε την κοινωνική οικονομία της αγοράς και όχι να χρησιμοποιήσουμε την κοινωνική πολιτική εναντίον της οικονομικής πολιτικής. Αντίθετα, τις βλέπουμε ως παράγοντες με κοινά στοιχεία που το ένα συμπληρώνει το άλλο.
Ποιες είναι οι συνθήκες που αποτελούν το πλαίσιο, στο οποίο στηρίζεται η Ευρωπαϊκή Εταιρεία; Η παγκοσμιοποίηση μας καθιστά σαφή την ανυπαρξία συνόρων. Ελπίζουμε ότι επίκειται η υλοποίηση της εσωτερικής αγοράς. Η διεύρυνση ενώνει την ήπειρό μας, ενώ η οικονομική και νομισματική ένωση αποκτά χαρτονομίσματα και κέρματα ευρώ, το οποίο είναι η ορατή έκφραση της προοδευτικής συνένωσης της Ευρώπης, της ανάπτυξης της ευρωπαϊκής ταυτότητας, της σταθερής πρόθεσης της Ευρώπης να κάνει αισθητή την ισχυρή παρουσία της στην παγκόσμια αγορά ως Ευρωπαϊκή Ένωση.
Ως προς τους στόχους είμαστε σύμφωνοι. Συχνά όμως η υλοποίησή τους γίνεται με μισή καρδιά. Αναφέρουμε ενδεικτικά τη νομική βάση, την έλλειψη ευρωπαϊκής φορολογικής ρύθμισης και την απαραίτητη συζήτηση για τον εκσυγχρονισμό των ευρωπαϊκών διατάξεων για τις συγχωνεύσεις επιχειρήσεων. Πολλά από αυτά που πρέπει να γίνουν δεν διεκπεραιώνονται στα κράτη μέλη με την απαιτούμενη ταχύτητα και αποφασιστικότητα. Οι αρμοδιότητες - βλέπε ομοφωνία - είναι αντίστοιχες με την πραγματικότητα από την άποψη της πολιτικής δύναμης, όχι όμως και με τις ανάγκες μιας ευρωπαϊκής πολιτικής.
Για τον λόγο αυτόν, καλώ τελειώνοντας το Συμβούλιο Ecofin να ασχοληθεί περισσότερο με τα κοινοτικά φορολογικά ζητήματα και τις απαραίτητες φορολογικές ρυθμίσεις και λιγότερο με προτάσεις που οδηγούν στην υπονόμευση του Συμφώνου Σταθερότητας και την αποδυνάμωση του ευρώ.
Bolkestein
. (ΕΝ) Κύριε Πρόεδρε, θα ήθελα καταρχάς να ευχαριστήσω τους εισηγητές και τους λοιπούς ομιλητές που έλαβαν το λόγο στην αποψινή συζήτηση υποστηρίζοντας τις προτάσεις της Επιτροπής σχετικά με το καταστατικό της Ευρωπαϊκής Εταιρείας.
Όπως όλοι μας γνωρίζουμε, αυτό ήταν ένα από τα πλέον δύσκολα και επίμονα θέματα που έχουμε αντιμετωπίσει στην Ευρωπαϊκή Ένωση, με περισσότερα από 30 έτη επίπονων και περίπλοκων συζητήσεων.
Σε όλη τη διάρκεια αυτής της περιόδου, το Κοινοβούλιο πάντοτε εξέφραζε τη σαφή υποστήριξή του προς την ιδέα της ύπαρξης στο κοινοτικό δίκαιο της δυνατότητας συγχώνευσης των επιχειρήσεων σε ευρωπαϊκό επίπεδο. Ωστόσο, πολλές φορές, και πιο πρόσφατα το 1990, το 1996 και το 1998, εκφράσατε σοβαρές ανησυχίες σχετικά με ορισμένες από τις επίμαχες πτυχές των υπό συζήτηση τότε κειμένων, ιδίως δε όσον αφορά τη συμμετοχή των εργαζομένων, που ήταν προφανώς το πιο περίπλοκο από τα σχετικά θέματα.
Τα κείμενα επί των οποίων επήλθε τελικά πολιτική συμφωνία στο πλαίσιο του Συμβουλίου, μετά από τη σύνοδο κορυφής της Νίκαιας, αντικατοπτρίζουν τις περισσότερες ανησυχίες του Κοινοβουλίου, αν όχι όλες. Τα εν λόγω κείμενα δεν είναι τέλεια, αλλά εκφράζουν την ευρεία συναίνεση που υπάρχει πλέον στο πλαίσιο του Συμβουλίου Υπουργών και του Κοινοβουλίου όσον αφορά τους κανόνες που θα πρέπει να διέπουν αυτή τη νέα μορφή εταιρείας. Όπως είναι πολύ γνωστό, ήταν εξαιρετικά δύσκολο να επιτευχθεί αυτή η συναίνεση και πρέπει να την περιφρουρήσουμε, εάν θέλουμε να εγκριθούν τελικά τα κείμενα.
Εντός πέντε ετών, θα αναθεωρήσουμε τόσο τον κανονισμό όσο και την οδηγία ύστερα από μια αρχική περίοδο εξοικείωσης με την εφαρμογή τους. Αυτή θα είναι ασφαλώς μια ευκαιρία να εξετάσουμε τις πιθανές ανεπάρκειες και ελλείψεις τους, ορισμένες από τις οποίες επισημάνθηκαν σωστά σήμερα το απόγευμα. Γι' αυτούς τους λόγους, και λαμβάνοντας υπόψη το γεγονός ότι η συναίνεση στο πλαίσιο του Συμβουλίου είναι εύθραυστη, η Επιτροπή πιστεύει ότι η μόνη ρεαλιστική επιλογή σε αυτό το στάδιο είναι να εγκριθούν από το Συμβούλιο το συντομότερο δυνατό και χωρίς αλλαγές τα κείμενα που συμφωνήθηκαν το Δεκέμβριο 2000.
Γνωρίζουμε τις επιφυλάξεις του Κοινοβουλίου, τις οποίες ανέφεραν πολλοί ομιλητές σήμερα το απόγευμα, όσον αφορά τη νομική βάση που επέλεξε ομόφωνα το Συμβούλιο. Η Επιτροπή πάντοτε υποστήριζε τη μεγαλύτερη δυνατή ενίσχυση του ρόλου του Κοινοβουλίου και μας λυπεί το γεγονός ότι του αφαιρέθηκαν οι εξουσίες συναπόφασης όσον αφορά αυτό το θέμα. Ωστόσο, οφείλουμε να παραδεχθούμε ότι υπάρχουν ισχυρά νομικά επιχειρήματα υπέρ της νομικής βάσης που έχει υιοθετήσει το Συμβούλιο. Αν και στο παρελθόν η Επιτροπή είχε υποστηρίξει άλλες δυνατότητες, αναγνωρίζουμε ότι η Συνθήκη, με την τρέχουσα διατύπωσή της, δυσχεραίνει τη χρήση μιας νομικής βάσης που προβλέπει τη συναπόφαση με ειδική πλειοψηφία σε αυτό το πλαίσιο, ιδίως δε όσον αφορά την προτεινόμενη οδηγία.
Επειδή πολλοί ομιλητές σήμερα το απόγευμα εξέφρασαν αμφιβολίες όσον αφορά τη νομική βάση, θα μπορούσα ίσως να πω λίγα περισσότερα λόγια γι' αυτό το σημαντικό θέμα.
Τόσο για τον κανονισμό όσο και για την οδηγία, η Επιτροπή πρότεινε δύο νομικές βάσεις που προβλέπουν την έγκριση των πράξεων με ειδική πλειοψηφία κατά την ψηφοφορία στο Συμβούλιο. Ωστόσο, στο τέλος του προηγούμενου έτους, η Επιτροπή ήρθε αντιμέτωπη με το γεγονός ότι το Συμβούλιο είχε ομόφωνα αλλάξει την προτεινόμενη νομική βάση και των δύο κειμένων επιλέγοντας το άρθρο 308 της Συνθήκης, που απαιτεί ομοφωνία. Η Επιτροπή αντιλαμβάνεται και λυπάται ιδιαίτερα για το γεγονός ότι αυτή η αλλαγή στέρησε από το Κοινοβούλιο τις εξουσίες συναπόφασης σε ένα θέμα για το οποίο εξέφραζε πάντοτε έντονο ενδιαφέρον. Ωστόσο, η Επιτροπή δεν μπορεί να αγνοήσει το γεγονός ότι τα κείμενα που ενέκρινε το Συμβούλιο το Δεκέμβριο 2000 λαμβάνουν σε μεγάλο βαθμό υπόψη τις γνωμοδοτήσεις που έχει συντάξει το Κοινοβούλιο όλο αυτό το διάστημα.
Επιπλέον, από αυστηρά νομικής πλευράς, η Επιτροπή μπορεί να κατανοήσει τις επιφυλάξεις που εξέφρασε το Συμβούλιο σχετικά με το κατά πόσο το άρθρο 95 είναι η σωστή νομική βάση για τον κανονισμό, εφόσον ο κανονισμός δεν αποσκοπεί στην εναρμόνιση των εθνικών εταιρικών δικαίων. Οι εν λόγω κανόνες αφορούν μόνο τη μελλοντική societas Europaea και δεν επηρεάζουν καθόλου τις λοιπές εθνικές διατάξεις που ισχύουν για τις ανώνυμες εταιρείες. Συνεπώς, αν και η Επιτροπή εκφράζει τη λύπη της για την αλλαγή της νομικής βάσης, η άποψη του Συμβουλίου σχετικά με τη νομική βάση έχει βάρος και δεν μπορεί να απορριφθεί ασυζητητί.
Όσον αφορά τη φορολογία, η οποία επίσης αναφέρθηκε από ορισμένους βουλευτές του Κοινοβουλίου, ενδέχεται να γνωρίζετε ότι η Επιτροπή αρχικά πρότεινε τη συμπερίληψη ειδικών φορολογικών κανόνων στο καταστατικό της Ευρωπαϊκής Εταιρείας, αλλά το Συμβούλιο επέμενε να διαγραφούν. Έχω την ισχυρή πεποίθηση ότι οι φορολογικοί κανόνες εξακολουθούν να είναι απαραίτητοι και χαίρομαι που η Επιτροπή και το Κοινοβούλιο φαίνεται να συμφωνούν επ' αυτού του θεμελιώδους ζητήματος. Κατά πάσα πιθανότητα τον επόμενο μήνα, η Επιτροπή θα εκπονήσει την αναλυτική της μελέτη σχετικά με την φορολογία των επιχειρήσεων στην εσωτερική αγορά και μια σχετική πολιτική ανακοινώσεων.
Μεταξύ άλλων, τα εν λόγω έγγραφα αναλύουν τα φορολογικά εμπόδια που υπάρχουν στις διασυνοριακές οικονομικές δραστηριότητες όλων των εταιρειών στην ΕΕ και τους πιθανούς τρόπους αντιμετώπισής τους. Οι βουλευτές του Κοινοβουλίου αρκεί να μιλήσουν με επιχειρηματίες σε διάφορα κράτη μέλη για να διαπιστώσουν ότι αυτά τα φορολογικά εμπόδια είναι πολύ πραγματικά και πολύ σοβαρά.
Τα έγγραφα τα οποία μόλις ανέφερα, εξετάζουν επίσης την ειδική κατάσταση των εταιρειών που πρόκειται να συσταθούν σύμφωνα με το καταστατικό της Ευρωπαϊκής Εταιρείας και η Επιτροπή πιστεύει ότι θα παράσχουν ένα εξαιρετικό πλαίσιο για τον καθορισμό της βέλτιστης δυνατής προσέγγισης. Ειδικότερα, πιστεύω ότι θα πρέπει να εξεταστεί σοβαρά το ενδεχόμενο να δοθεί συνολική λύση στα τρέχοντα προβλήματα που σχετίζονται με τη φορολόγηση των επιχειρήσεων που δραστηριοποιούνται σε περισσότερα από ένα κράτος μέλος.
Αμέσως μετά από τη μελέτη στην οποία αναφέρθηκα μόλις τώρα, η Επιτροπή σκοπεύει να ξεκινήσει μια ευρεία συζήτηση με θέμα το μέλλον της φορολόγησης των επιχειρήσεων στην εσωτερική αγορά και την ανάγκη θεμελιώδους μεταρρύθμισης, με σκοπό, μεταξύ των άλλων, την επίτευξη του στόχου της ΕΕ να καταστεί η πλέον ανταγωνιστική και δυναμική παγκόσμια οικονομία που θα βασίζεται στη γνώση, όπως συμφωνήθηκε στο Ευρωπαϊκό Συμβούλιο της Λισσαβόνας το Μάρτιο 1999. Στο πλαίσιο αυτό, θα στρέψουμε την προσοχή μας στα φορολογικά ζητήματα που σχετίζονται με το καταστατικό της ευρωπαϊκής εταιρίας και θα τα αντιμετωπίσουμε ως προτεραιότητα.
Λαμβάνοντας υπόψη τα ειδικά θέματα που ενέχονται εδώ, καθώς και την πρόθεση που έχουν εκφράσει οι επιχειρήσεις να συστήσουν ευρωπαϊκές εταιρείες, αισιοδοξώ ότι το Κοινοβούλιο θα υποστηρίξει την τελική έγκριση από το Συμβούλιο χωρίς περαιτέρω καθυστέρηση και το ευχαριστώ εκ των προτέρων.
Ενημέρωση και διαβούλευση των εργαζομένων
Πρόεδρος
Η ημερήσια διάταξη προβλέπει τη συζήτηση της έκθεσης (A5-0282/2001) του κ. Menrad, εξ ονόματος της Επιτροπής Απασχόλησης και Κοινωνικών Υποθέσεων, σχετικά με την έκθεση της Επιτροπής που αφορά την κατάσταση εφαρμογής της οδηγίας για τη θέσπιση μιας ευρωπαϊκής επιτροπής επιχείρησης ή μιας διαδικασίας σε επιχειρήσεις ή ομίλους επιχειρήσεων κοινοτικής κλίμακας με σκοπό να ενημερώνονται οι εργαζόμενοι και να ζητείται η γνώμη τους (οδηγία 94/45/ΕΚ του Συμβουλίου της 22ας Σεπτεμβρίου 1994) (COM(2000) 188 - C5-0437/2000 - 2000/2214(COS)).
Menrad
, εισηγητής. (DE) Κύριε Πρόεδρε, τον Σεπτέμβριο του 1994 το Συμβούλιο ενέκρινε την οδηγία για τη δημιουργία μίας ευρωπαϊκής επιτροπής επιχείρησης. Η μεταφορά της συγκεκριμένης οδηγίας αποτελεί αντικείμενο μίας έκθεσης της Επιτροπής. Η παρούσα έκθεση της Επιτροπής Απασχόλησης και Κοινωνικών Υποθέσεων αποτελεί τοποθέτηση επί της συγκεκριμένης έκθεσης της Επιτροπής. Ήδη από τη σκοπιά των αριθμών και μόνο μπορεί κανείς να πει ότι οι ευρωπαϊκές επιτροπές επιχείρησης σημείωσαν επιτυχία. Όταν το 1994 η οδηγία ψηφίσθηκε από το Κοινοβούλιο και το Συμβούλιο, έγιναν περίπου 30 προαιρετικές συμφωνίες, βάσει των οποίων ρυθμίσθηκε η ενημέρωση και διαβούλευση με τους εργαζομένους σε γενικές επιχειρήσεις και ομίλους επιχειρήσεων με πανευρωπαϊκή εμβέλεια. Στο διάστημα που μεσολάβησε, ο αριθμός τους έχει ξεπεράσει τις 650. Η έκθεση της Επιτροπής αποδεικνύει ότι η οδηγία για την ευρωπαϊκή επιτροπή επιχείρησης υπήρξε η κύρια κινητήρια δύναμη για την εξέλιξη αυτή.
Κατά τη δημιουργία ευρωπαϊκών επιτροπών επιχειρήσεων δίδεται προτεραιότητα σε εκείνες τις λύσεις που λαμβάνονται σε επίπεδο επιχείρησης σύμφωνα με την εκάστοτε κατάστασή της και εκφράζουν την ισορροπία μεταξύ της διεύθυνσης και του ειδικού διαπραγματευτικού οργάνου των εργαζομένων. Και εδώ ισχύει, όπως και στην Ευρωπαϊκή Επιχείρηση, η συνταγή της ευελιξίας, των διαπραγματεύσεων, της τήρησης των ελαχίστων προδιαγραφών σε περίπτωση αποτυχίας των νομίμων διαπραγματεύσεων, που αποκαλούνται στην αντίστοιχη οδηγία επικουρικές. Το σοκ των Βρυξελλών εξαιτίας της Renault στο Vilvoorde έδειξε για πρώτη φορά ότι δεν επιτεύχθηκε σε όλες τις περιπτώσεις ο στόχος των ευρωπαϊκών επιτροπών επιχειρήσεων, δηλαδή οι μετεγκαταστάσεις επιχειρήσεων να μη διεξάγονται σαν επιθέσεις κομάντος, παρά να πραγματοποιούνται μόνο αφού προηγηθεί έγκαιρη ενημέρωση και διαβούλευση με τους εργαζομένους που εμπλέκονται. Όμως έτσι συμβαίνει πάντοτε: όπου υπάρχει φως, υπάρχει και σκοτάδι. Η οδηγία έχει αδύνατα σημεία και η Επιτροπή Κοινωνικών Υποθέσεων επιμένει να γίνει αναθεώρησή της. Δεν υποστηρίζουμε ότι η αναθεώρηση αυτή έπρεπε να έχει γίνει ήδη το 1999 ή το 2000 - η Επιτροπή ανέφερε κατά τη συζήτηση της κοινωνικής ατζέντας το έτος 2002.
Η πρόταση ψηφίσματος που καταθέτουμε σκοπό έχει να αποτελέσει βάση συζήτησης εν όψει της αναθεώρησης της οδηγίας για τις ευρωπαϊκές επιτροπές επιχειρήσεων. Σε αρκετές συζητήσεις, ακροάσεις και συμπόσια άκουσα να διατυπώνεται η κατηγορία ότι σε ορισμένες σοβαρές περιπτώσεις, κυρίως εν όψει κρίσιμων διαβούλευσεων, η ενημέρωση και η ακρόαση δεν έγιναν εγκαίρως. Έτσι, κύρια μελήματα της έκθεσης παραμένουν οι βελτιωτικές προτάσεις που σκοπεύουν να καταστήσουν δυνατή την έγκαιρη ενημέρωση και διαβούλευση, προκειμένου να είναι δυνατό να διατυπωθούν και να ληφθούν υπ' όψιν οι συμβουλές της ευρωπαϊκής επιτροπής επιχείρησης πριν η διεύθυνση λάβει τις αποφάσεις της. Η έκθεση συνηγορεί υπέρ της ενίσχυσης της διαδικασίας διαβούλευσης με σκοπό τη συμφωνία. Σήμερα θα συμπλήρωνα επ' αυτού: με σκοπό τη συμφωνία για την περαιτέρω διαδικασία. Δεν λέω ότι η συμφωνία είναι υποχρεωτική, ωστόσο διαφωνώ, όπως διαφώνησα και κατά τις συνεδριάσεις της επιτροπής, με την παραχώρηση δικαιώματος βέτο στην ευρωπαϊκή επιτροπή επιχείρησης, όπως ζητά η τροπολογία αριθ. 5 που υπεβλήθη σήμερα. Στην έκθεσή μου περιλαμβάνεται μία πιο κομψή λύση, την οποία πρότεινε η κ. Ghilardotti, δηλαδή να διεξάγεται όταν είναι αναγκαίο ένας δεύτερος γύρος συνεδριάσεων, πράγμα που προβλέπεται και στην οδηγία για την Ευρωπαϊκή Εταιρεία. Η επέκταση του δικαιώματος ενημέρωσης και ακρόασης της ευρωπαϊκής επιτροπής επιχείρησης δεν μεταβάλλει ένα σημαντικό συστατικό στοιχείο της οδηγίας, το οποίο διατυπώθηκε στην αιτιολογική σκέψη της παρούσας έκθεσης μετά από σχετικό αίτημα του κ. Bushill-Matthews. Επίσης, άθικτο παραμένει τόσο το δικαίωμα της διεύθυνσης της επιχείρησης για άμεση ανταλλαγή απόψεων με το προσωπικό, όσο και το δικαίωμά της να διευθύνει την επιχείρηση. Η εταιρική σχέση και η επικουρικότητα πρέπει να συνεχίσουν να καθορίζουν το περιεχόμενο της οδηγίας για την ευρωπαϊκή επιτροπή επιχείρησης και μετά την αναθεώρηση της οδηγίας. Πρόκειται για αρχές της χριστιανικής κοινωνιολογίας, η οποία όπως είναι γνωστό έχει οπαδούς σε διάφορες πολιτικές παρατάξεις. Το νομικό κείμενο του 1994 ορίζει με πρωτοβουλία του Ευρωπαϊκού Κοινοβουλίου ότι η ευρωπαϊκή επιτροπή επιχείρησης θα ενεργεί με πνεύμα συνεργασίας. Η εταιρική σχέση δεν είναι μέσον για να αποκοιμίζονται οι υποψίες, αντίθετα, ζητά μία σαφή εκπροσώπηση συμφερόντων, αλλά και την εξισορρόπηση των συμφερόντων στο πλαίσιο κοινών συζητήσεων μέσω της ενημέρωσης και της διαβούλευσης, πράγμα που είναι επίσης συμφέρον από οικονομική άποψη. Η έλλειψη ενημέρωσης έχει ως συνέπεια την αβεβαιότητα, τη δυσπιστία και στο τέλος φέρνει μόνο φόβο, ο οποίος καταλήγει σε μπλοκάρισμα. Η έγκαιρη ενημέρωση σημαίνει διαφάνεια, η οποία δημιουργεί εμπιστοσύνη ·
(Ο Πρόεδρος αφαιρεί τον λόγο από τον ομιλητή)
Titley
. (ΕΝ) Κύριε Πρόεδρε, αναφερόμαστε στην εφαρμογή της οδηγίας περί επιτροπής επιχείρησης μέχρι την περίοδο του 1996, δηλαδή προτού προσχωρήσουν στην εν λόγω συμφωνία το Ηνωμένο Βασίλειο και η Δημοκρατία της Ιρλανδίας. Η μέχρι τότε εμπειρία ήταν θετική, καθώς η εν λόγω οδηγία έχει αποφέρει σαφή οφέλη. Ωστόσο, τα πρόσφατα γεγονότα έχουν δείξει κάποιες αδυναμίες στην οδηγία περί επιτροπής επιχείρησης, ιδίως σε σχέση με την αναδιάρθρωση, καθώς είδαμε πρόσφατα πολλές περιπτώσεις πολυεθνικών εταιρειών οι οποίες προέβησαν σε σημαντικές αναδιαρθρώσεις χωρίς να ζητήσουν τη γνώμη των ατόμων που εργάζονταν σε αυτές.
Θα πρέπει να σημειώσουμε ότι, προτού ακόμα εγκριθεί η εν λόγω οδηγία, το Δικαστήριο σε πολλές υποθέσεις αποφάνθηκε ότι τα συμβούλια της επιχείρησης ήταν ενδιαφερόμενα μέρη για τους σκοπούς των διαδικασιών ελέγχου της συγχώνευσης. Αυτό προϋποθέτει υποχρέωση ενημέρωσης και διαβούλευσης από πλευράς εργοδότη. Επιθυμία μας είναι η ισχυροποίηση της οδηγίας όσον αφορά τη διαβούλευση σε περίπτωση αναδιάρθρωσης.
Στην έκθεσή της, η Επιτροπή αναφέρεται επίσης στην ασάφεια της απαίτησης διεξαγωγής μιας συνεδρίασης ενημέρωσης και διαβούλευσης με τους εργαζόμενους το ταχύτερο δυνατό σε περίπτωση έκτακτων περιστάσεων που επηρεάζουν σημαντικά τους εργαζόμενους. Η απαίτηση αυτή πρέπει να καταστεί σαφέστερη. Το άρθρο 27 του Χάρτη Θεμελιωδών Δικαιωμάτων ορίζει ότι πρέπει να εξασφαλίζεται στους εργαζόμενους "εγκαίρως" ενημέρωση και διαβούλευση. Αυτή η διατύπωση είναι αρκετά πιο αυστηρή σε σχέση με τη φράση "το ταχύτερο δυνατό" . Η Επιτροπή Νομικών Θεμάτων επιθυμεί να ενισχυθεί το εν λόγω σημείο.
Επιπλέον, διαπιστώνουμε ότι οι μερικώς απασχολούμενοι εργαζόμενοι αντιμετωπίζονται διαφορετικά στα διάφορα κράτη μέλη. Θα θέλαμε να εξετάσει η Επιτροπή αυτήν την πτυχή, καθώς και το θέμα του ελεύθερου χρόνου που προβλέπεται για δραστηριότητες στα πλαίσια της επιτροπής επιχείρησης, κάτι που ποικίλλει από το ένα κράτος μέλος στο άλλο. Το ίδιο θα πρέπει να ισχύσει και όσον αφορά την κατάρτιση, η οποία επίσης ποικίλλει σημαντικά. Επιθυμία μας είναι η Επιτροπή να υποβάλει προτάσεις που θα διασφαλίζουν την ύπαρξη εναρμονισμένης κατάρτισης στα κράτη μέλη, έτσι ώστε οι εκπρόσωποι των εργαζομένων να είναι σε θέση να υποστηρίξουν την υπόθεσή τους με τη μέγιστη δυνατή αποτελεσματικότητα.
Dιsir
, συντάκτης της γνωμοδότησης της Επιτροπής Βιομηχανίας, Εξωτερικού Εμπορίου, Έρευνας και Ενέργειας - (FR) Ως συντάκτης γνωμοδότησης της Επιτροπής Βιομηχανίας, Εξωτερικού Εμπορίου, Έρευνας και Ενέργειας θα ήθελα, καταρχάς, να ευχαριστήσω τον κ. Menrad που έλαβε υπόψη στις βασικές τους γραμμές τις προτάσεις της επιτροπής μας, κυρίως - και δεν θα μακρηγορήσω - σε ό,τι αφορά τον ορισμό της ενημέρωσης και της διαβούλευσης, την ενίσχυση της διαδικασίας, την ενίσχυση του ρόλου των συνδικάτων, τη μείωση των κατώτατων ορίων για τη σύσταση αυτών των επιτροπών και τη μείωση των προθεσμιών για την τοποθέτηση των επιτροπών των ευρωπαϊκών επιχειρήσεων.
Επιτρέψτε μου, ωστόσο, να σταθώ σε τρία σημεία που μου φαίνονται σημαντικά. Το πρώτο μνημονευόταν στην παράγραφο 12· πρόκειται για την αναφορά στην οδηγία του 1998 σχετικά με τις απολύσεις για οικονομικούς λόγους που προβλέπει, για τους εκπροσώπους των εργαζομένων, τη δυνατότητα να καταφεύγουν στην αρμόδια αρχή βασιζόμενοι στην ενημέρωση που έχει γίνει από τη διεύθυνση της επιχείρησης, όταν εκτιμούν ότι δεν έχουν διερευνηθεί οι εναλλακτικές λύσεις, ώστε να αποφευχθούν οι απολύσεις, το κλείσιμο των εγκαταστάσεων ή όταν αμφισβητούν τη νομιμότητα της διαδικασίας.
Νομίζω ότι, σε ό,τι αφορά τα σημερινά προβλήματα που αντιμετωπίζουν οι επιχειρήσεις ευρωπαϊκού μεγέθους, και μάλιστα μερικές φορές κατά τις συγχωνεύσεις-εξαγορές που επιτρέπονται από την Επιτροπή και από τη διεύθυνση ανταγωνισμού της Επιτροπής, το ζήτημα που τίθεται - και το οποίο ετέθη, εξάλλου, μετά την υπόθεση Marks & Spencer από τη συνάδελφό σας κ. Διαμαντοπούλου, Επίτροπο αρμόδια για τις κοινωνικές υποθέσεις - είναι για τους εργαζόμενους, τους εκπροσώπους των εργαζομένων και τις επιτροπές των επιχειρήσεων, να μπορούν να προσφεύγουν στην Ευρωπαϊκή Επιτροπή με το σκεπτικό ότι το κοινωνικό δίκαιο καταστρατηγείται, μερικές φορές, επειδή πρόκειται για καθαρά οικονομικές και χρηματιστηριακές διαδικασίες. Από την άποψη αυτή, συντάσσομαι με την τροπολογία 5 της κ. Ainardi και της κ. Figueiredo την οποία θα ψήφιζα, εγώ προσωπικά. Το δεύτερο σημείο, το οποίο συναντά αυτή την τροπολογία, είναι αυτό των κυρώσεων.
Πιστεύω ότι όχι μόνο θα πρέπει να προβλέψουμε αυστηρές και αποθαρρυντικές κυρώσεις, αλλά να πούμε - και αυτό διαφαίνεται σε μία από τις παραγράφους του κ. Menrad, αλλά θα επιθυμούσα να ήταν σαφέστερο, ώστε οι εργαζόμενοι και οι πολίτες να το γνωρίζουν - ότι όταν οι διαδικασίες ενημέρωσης και διαβούλευσης δεν έχουν γίνει σεβαστές, οι αποφάσεις για την κατάργηση θέσεων εργασίας ή για το κλείσιμο εγκαταστάσεων μπορούν να θεωρηθούν άκυρες. Εν κατακλείδι, θα ολοκληρώσω, όπως και ο κ. Menrad, ζητώντας από την Επιτροπή να κατανοήσει τον επείγοντα χαρακτήρα αυτού του αιτήματος του Σώματος, να μην περιμένει μέχρι το 2002 και να υποβάλει μία πρόταση που να ικανοποιεί την επιθυμία της πλειονότητας των ομάδων μας για ενίσχυση των δικαιωμάτων των εργαζομένων στις ευρωπαϊκές επιχειρήσεις.
Bushill-Matthews
Κύριε Πρόεδρε, ο συνάδελφός μου, κ. Menrad, έχει ασχοληθεί με μεγάλη φροντίδα με το έργο του και αναφέρει ορισμένα ενδιαφέροντα σημεία σχετικά με τα διαπιστούμενα ισχυρά και αδύνατα σημεία της ισχύουσας οδηγίας. Ωστόσο, θα πρέπει να σημειωθεί ότι ορισμένες χώρες εφάρμοσαν την εν λόγω οδηγία μόλις το προηγούμενο έτος και ότι τουλάχιστον μία χώρα δεν έχει ακόμα εφαρμόσει καθόλου ορισμένες διατάξεις.
Είναι σαφές ότι οι επιχειρήσεις και οι υπάλληλοί τους χρειάζονται ακόμα ορισμένο χρόνο προκειμένου να εξοικειωθούν πλήρως με τη μέθοδο συγκρότησης ευρωπαϊκών επιτροπών επιχείρησης. Οι πρόωρες αλλαγές στους κανονισμούς μόνο σύγχυση μπορούν να προκαλέσουν, αν και είναι σαφώς χρήσιμο για την Επιτροπή και το Συμβούλιο να λάβουν υπόψη τις απόψεις του Κοινοβουλίου στην παρούσα φάση.
Όπως γνωρίζει ο εισηγητής, πιστεύω στην ενημέρωση και τη διαβούλευση. Υποστηρίζω την αρχή των επιτροπών επιχείρησης και συμμερίζομαι την επιθυμία του να επιτύχουν. Ωστόσο, όπως επίσης γνωρίζει, δεν με ικανοποιούν καθόλου ορισμένα στοιχεία της έκθεσής του. Εξακολουθώ να πιστεύω ότι πηγαίνει πολύ μακριά όταν αναφέρεται σε κυρώσεις για τη μείωση των κατώτατων ορίων ανάλογα με το μέγεθος των επιχειρήσεων και - κυρίως - όταν προωθεί την ημερήσια διάταξη των συνδικάτων περισσότερο ως αυτοσκοπό παρά με στόχο την υποστήριξη των συμφερόντων των εργαζομένων. Γι' αυτούς τους λόγους, έχω υποβάλει τέσσερις τροπολογίες για τις οποίες έχω ήδη εξασφαλίσει κάποια υποστήριξη από τις διάφορες πολιτικές ομάδες, ενώ επίσης σκοπεύω να καταψηφίσω τις αιτιολογικές σκέψεις 5 και 7, όπως γνωρίζει.
Τούτου λεχθέντος, ευχαριστώ τον εισηγητή που δέχθηκε ορισμένες τροπολογίες στην επιτροπή και επιβεβαιώνω ότι εξακολουθώ να είμαι διατεθειμένος να υπερψηφίσω το σύνολο της έκθεσής του, παρά τις σοβαρές ανησυχίες μου, εάν η Ομάδα του ΕΛΚ-ΕΔ υποστηρίξει δύο από τις τροπολογίες μου, συγκεκριμένα τις τροπολογίες αριθ. 1 και 3, όπως έχουμε ήδη συζητήσει. Κατ' αυτόν τον τρόπο, θα μπορούσαμε να δείξουμε ότι η μικρογραφία μιας ευρωπαϊκής επιτροπής επιχείρησης που συστήσαμε, με έναν εισηγητή από τη Γερμανία, με έναν συντονιστή των ομάδων από την Ολλανδία και με τον υποφαινόμενο από το Ηνωμένο Βασίλειο, ήταν ένα καλό παράδειγμα για την επίτευξη ενός θετικού αποτελέσματος.
Ghilardotti
- Κύριε Πρόεδρε, καταρχάς θα ήθελα να ευχαριστήσω τον κ. Menrad για το εμπεριστατωμένο έργο που επιτέλεσε κατά τη σύνταξη αυτής της έκθεσης, μεταξύ των άλλων και μέσω των ακροάσεων που διοργάνωσε σε συνεργασία με την Επιτροπή Απασχόλησης και Κοινωνικών Υποθέσεων, για μία εμπεριστατωμένη εξέταση της αποδοχής αυτής της οδηγίας.
Από το έργο αυτό συνάγεται πως, αναμφίβολα, η μεταφορά στις εθνικές νομοθεσίες είναι, σε γενικές γραμμές, θετική και ότι σε 2000 περίπου ευρωπαϊκές εταιρίες έχει ήδη συσταθεί ευρωπαϊκή επιτροπή επιχείρησης. Σε πολλές επιχειρήσεις, χάρη στην οδηγία, κατέστη δυνατό να επιτευχθούν αποτελέσματα όσον αφορά την εξάλειψη εμποδίων για την ενημέρωση και τη διαβούλευση. Και όχι μόνο αυτό: η έγκαιρη συμμετοχή των επιτροπών επιχείρησης σε ορισμένες διαδικασίες λήψης αποφάσεων ασφαλώς επέφερε θετικά αποτελέσματα, κατ' αρχάς για τους εργαζόμενους, σε θέματα όπως η υγεία, η ασφάλεια, οι ίσες ευκαιρίες, αλλά και για τις επιχειρήσεις σε ζητήματα όμως η μείωση των συγκρούσεων.
Τούτου λεχθέντος, η έκθεση Menrad - την οποίαν εμείς συμμεριζόμαστε και υποστηρίζουμε - φέρνει επίσης στο φως μία σειρά κενά αυτής της ίδιας της οδηγίας, σχετικά με τα οποία θεωρώ απολύτως απαραίτητο να παρέμβει η Επιτροπή ταχέως για να την τροποποιήσει.
Θα ήθελα να υπογραμμίσω ιδιαίτερα τρία στοιχεία, που μου φαίνονται, επιπλέον εκείνων που έχουν ήδη αναφέρει άλλοι συνάδελφοι, τα πλέον λεπτά σημεία επί των οποίων είναι αναγκαία ειδική παρέμβαση.
Καταρχάς οι προθεσμίες της ενημέρωσης: δεν υπάρχει στην οδηγία σαφής ένδειξη σχετικά με το έγκαιρο της ενημέρωσης και εμείς όλα αυτά τα χρόνια - μιλήσαμε συχνά για αυτό σ' αυτή την Αίθουσα - εγκρίναμε μεν ψηφίσματα, αλλά είχαμε δυστυχώς και πολλά αρνητικά παραδείγματα: εργαζόμενοι που πληροφορούνται από τον Τύπο το μέλλον τους ή που βρίσκονται αντιμέτωποι με μία τελεσίδικη απόφαση των επιχειρήσεων. Θα μπορούσαμε να αναφέρουμε σχετικά περιπτώσεις όπως της Ahlston, της Adb, του Marks & Spencer και πολλών άλλων. Λοιπόν, αν είναι έτσι, είναι αναγκαίο, απολύτως αναγκαίο, να γίνει η οδηγία πιο ακριβής, να καθορίζει τις προθεσμίες της ενημέρωσης και της διαβούλευσης πριν από τη λήψη οποιασδήποτε απόφασης, ώστε να καταστεί λειτουργική η δυνατότητα της διαπραγμάτευσης, διαφορετικά δεν χρησιμεύει σε τίποτα!
Δεύτερο στοιχείο: πιστεύω ότι οι συνάδελφοι μπορούν να συμφωνήσουν μαζί μου ότι σε μία έννομη τάξη δεν υπάρχουν κανόνες οι οποίοι, αν δεν τηρηθούν, δεν παράγουν κανένα αποτέλεσμα. Αποτελεί μοναδική περίπτωση το γεγονός ότι στα θέματα εργασίας και κοινωνικών δικαιωμάτων αυτό είναι σχεδόν ο κανόνας! Από το γεγονός αυτό προέκυψαν όλα αυτά τα χρόνια πολλές διαφορές και προσφυγές στην δικαιοσύνη, ακριβώς διότι η μη τήρηση εκ μέρους των επιχειρήσεων των επιταγών της οδηγίας ουδόλως προβλέπει, ούτε καν αυτόματα, την έναρξη συζήτησης σχετικά με την εγκυρότητα των συνεπειών της ειλημμένης απόφασης.
Είναι, λοιπόν, απαραίτητο να προβλεφθούν κατάλληλες και αποτρεπτικές κυρώσεις, όπως άλλωστε στις περιπτώσεις σοβαρών παραβιάσεων είναι ανάγκη να προβλέπεται η διακοπή, ώστε να μπορέσουν να συνεχισθούν οι διαπραγματεύσεις.
Jensen
Κύριε Πρόεδρε, και εγώ θα ήθελα να ευχαριστήσω τον κ. Menrad για την έκθεσή του, παρ' ότι δεν συμφωνώ με όλες τις προτάσεις που περιέχει. Η έκθεση της Επιτροπής για τις ευρωπαϊκές επιτροπές επιχείρησης δείχνει ότι υπάρχει αρκετός δρόμος προτού εφαρμοστεί στην πράξη ο νόμος και όλες οι εμπλεκόμενες επιχειρήσεις συστήσουν συμβούλιο επιχείρησης. Είναι άραγε, λοιπόν, σωστή η στάση να έχουμε την απαίτηση να συμπεριληφθούν ακόμη περισσότερες επιχειρήσεις στην οδηγία και να απαιτούμε μεγαλύτερες κυρώσεις κατά των επιχειρήσεων που δεν εφαρμόζουν την οδηγία; Η Ομάδα των Φιλελευθέρων δεν μπορεί να συνυπογράψει τη μείωση του μεγέθους των επιχειρήσεων που συμπεριλαμβάνονται στην οδηγία σε πεντακόσιους εργαζομένους σε ένα κράτος μέλος και σε εκατό εργαζομένους σε περισσότερα από ένα κράτη μέλη. Έχω επίσης τους ενδοιασμούς μου για κάποιες από τις σκέψεις για κυρώσεις που προτάθηκαν εδώ στο Κοινοβούλιο. Ίσως έρθουν σε σύγκρουση με τα εθνικά συστήματα, τα οποία για την ακρίβεια λειτουργούν καλά και δεν μπορεί να είναι δίκαιο να τιμωρούνται επιχειρήσεις με τρόπο διαφορετικό για τα ίδια παραπτώματα, όπως τελικά θα συμβεί εάν η έλλειψη ενημέρωσης και διαβούλευσης οδηγεί τις επιχειρήσεις σε αποκλεισμό από τις δημόσιες συμβάσεις και τις δημόσιες επιδοτήσεις ή εάν οι αποφάσεις της κεντρικής διεύθυνσης καθίστανται άκυρες.
Flautre
Κύριε Πρόεδρε, πολυάριθμα παραδείγματα αναδιάρθρωσης και απολύσεων επιδρούν, όλο και περισσότερο κάθε μέρα, αρνητικά στο ενδιαφέρον των εργαζομένων και των πολιτών για την ευρωπαϊκή κοινωνική πολιτική. Είναι σαφές, μέσα σε αυτό το πλαίσιο, ότι η αναθεώρηση της οδηγίας για τις επιτροπές επιχειρήσεων είναι ένα βασικό μέτρο που θα βοηθήσει να ξανακερδηθεί αυτή η εμπιστοσύνη.
Ας μας πουν, πράγματι, οι εργαζόμενοι, που είναι τα θύματα αυτών των αναδιαρθρώσεων, τι δυνατότητα τους δίδεται να προσφύγουν σε αυτή την οδηγία; Σε ορισμένες περιπτώσεις, λένε ότι η σημερινή νομοθεσία σχετικά με το δικαίωμα ενημέρωσης και διαβούλευσης, επειδή ακριβώς δεν έχει συγκεκριμενοποιηθεί, περιφρονείται συστηματικά από τις επιχειρήσεις, ότι δεν διαθέτουν τα διοικητικά και ένδικα μέσα που απαιτούνται για την εξασφάλιση της εφαρμογής αυτής της οδηγίας, ότι αυτή εφαρμόζεται "φειδωλά" και μάλιστα καθόλου σε πολλές διεθνικές επιχειρήσεις με προσωπικό λιγότερο από το κατώτατο όριο· ότι είναι αδιανόητο να υπερισχύουν τα κριτήρια σεβασμού του δικαίου του ανταγωνισμού για την παροχή αδειών συγχωνεύσεων και ότι οι κοινωνικές, οι γεωγραφικές και οι περιβαλλοντικές επιπτώσεις των συγχωνεύσεων αυτών δεν λαμβάνονται υπόψη· ότι παραμένουν άοπλοι κατά τις περιόδους των συγχωνεύσεων, στη διάρκεια των οποίων οι παλιές δομές διαβούλευσης έχουν πάψει να λειτουργούν, ενώ οι νέες δομές δεν έχουν ακόμα δημιουργηθεί· ότι έχουν, τέλος, αγανακτήσει, παρατηρώντας ότι οι ίδιες ομάδες που προβαίνουν σε αυτές τις άγριες αναδιαρθρώσεις έχουν συχνά λάβει βοήθεια από τα διαρθρωτικά ταμεία.
Η έκθεση του κ. Menrad, που αποτελεί καρπό μιας περιεκτικής εργασίας, σε συνεργασία με τους εμπλεκόμενους παράγοντες της κοινωνίας, τα μέλη της Επιτροπής, που οργάνωσαν για το λόγο αυτό μια μεγάλη δημόσια ακρόαση, προτείνει, κατά τη γνώμη μου, να καλύψει ουσιαστικά αυτά τα κενά με τον ακριβή ορισμό της ενημέρωσης και της διαβούλευσης, με τη μείωση των κατωτάτων ορίων των απαιτούμενων εργαζόμενων για τη σύσταση μιας επιτροπής επιχείρησης, με την απαίτηση για τη διατήρηση ειδικών χώρων διαβούλευσης κατά τις περιόδους συγχώνευσης, με την αίτηση για ακύρωση των αποφάσεων που ελήφθησαν χωρίς να γίνουν σεβαστές οι διαδικασίες, και με τις κυρώσεις, ακόμα και οικονομικές, για τις επιχειρήσεις που έχουν βρεθεί να παρανομούν. Και τέλος, με τη γνώμη των εργαζομένων και την εξασφάλιση του σεβασμού των διαδικασιών που προβλέπει η οδηγία, πριν από τις άδειες συγχώνευσης.
Σε αυτό το πλαίσιο, αυτές οι προτάσεις έχουν τη στήριξη της Ομάδας μας. Μένει, βεβαίως, να γίνει - και αυτό απαιτεί συλλογική προσπάθεια - η αποτελεσματική και άμεση αναθεώρηση της οδηγίας.
Ainardi
Κύριε Πρόεδρε, τη στιγμή που χιλιάδες ευρωπαίοι εργαζόμενοι έρχονται αντιμέτωποι με ένα κύμα αναδιαρθρώσεων, απολύσεων και κοινωνικών προγραμμάτων, η έκθεση Menrad για τις επιτροπές ευρωπαϊκών επιχειρήσεων πρέπει να συμβάλει, αν όχι στο να αλλάξει την κατάσταση, τουλάχιστον στο να προσφέρει νέα στηρίγματα στους εργαζόμενους όταν έρχονται αντιμέτωποι με δύσκολες καταστάσεις και να βαρύνει στις αποφάσεις που λαμβάνονται.
Τη στιγμή που η ανάπτυξη εμφανίζει ανησυχητικά σημάδια, θα ήταν χρήσιμο να προβληματιστούμε σε σχέση με το περιεχόμενο αυτής της ανάπτυξης, με την αναγκαιότητα της εξέλιξής της, ευνοώντας τη σταθερότητα της απασχόλησης και την εξειδίκευσή της. Υπάρχει άμεση ανάγκη για ουσιαστική διαβούλευση με τους εργαζόμενους, άμεση ανάγκη να τελειώνουμε με αυτή τη στάση που αντιμετωπίζει τους άνδρες και τις γυναίκες ως εμπορεύματα που έπαψαν να είναι χρήσιμα γιατί η οικονομική αποδοτικότητα κρίνεται ανεπαρκής από τους μετόχους, ανεξάρτητα μάλιστα από την πραγματική οικονομική κατάσταση.
Η έκθεση Menrad είναι ο καρπός μιας πολύ σημαντικής εργασίας του συναδέλφου μας, την οποία θέλω με τη σειρά μου να χαιρετίσω. Είναι επίσης ο καρπός της βούλησης της επιτροπής απασχόλησης και κοινωνικών υποθέσεων να ακούσει από κοντά τους εκπροσώπους των εργαζομένων των μεγάλων ευρωπαϊκών ομίλων. Στη βάση αυτών των ακροάσεων, η έκθεση Menrad προβαίνει σε μία ουσιαστική διαπίστωση της κατάστασης, καταδεικνύοντας την ανάγκη για σημαντικές αλλαγές στο περιεχόμενο της οδηγίας. Συμμερίζομαι πολλές από τις προτάσεις που περιλαμβάνονται σε αυτή την έκθεση. Θα ήθελα να υπενθυμίσω ορισμένες που αποτελούν, κατά τη γνώμη μου, σημαντικά βήματα προόδου για τους εργαζόμενους.
Για παράδειγμα το αίτημα, που περιλαμβάνεται στην παράγραφο 2, για την τακτική ενημέρωση και διαβούλευση που πρέπει να προηγούνται της απόφασης μιας επιχείρησης ή ενός ομίλου, ώστε να επιτρέπεται στους εργάτες να επιδρούν πραγματικά πάνω στη διαδικασία λήψης αποφάσεων της διεύθυνσης, ενημέρωση που μπορεί να φτάσει, σε ιδιαίτερα σοβαρές περιπτώσεις, μέχρι τη δυνατότητα που δίνεται στους εκπροσώπους των εργαζομένων να τους διατίθεται χρόνος για διαπραγματεύσεις πριν από την εφαρμογή της απόφασης, όπως προβλέπεται στο σημείο 14. Θα αναφερθώ επίσης στο σημείο 2, με την επεξεργασία ενός όρου σύμφωνα με τον οποίο οι αποφάσεις της διεύθυνσης θα νομιμοποιούνται μόνο εάν η διαδικασία ενημέρωσης και διαβούλευσης, όπως ορίζεται από την οδηγία, έχει γίνει όπως προβλέπεται, ή το σημείο 13, που προτείνει την επιβολή κυρώσεων σε περίπτωση μη σεβασμού. Τέλος, υπάρχει επίσης το αίτημα για επιστροφή από τις επιχειρήσεις των χορηγηθέντων κονδυλίων και ενισχύσεων και για τον αποκλεισμό από τις δημόσιες συμβάσεις των επιχειρήσεων που δεν σεβάστηκαν το νόμο στον εν λόγω τομέα.
Οι προτάσεις αυτές κινούνται προς τη σωστή κατεύθυνση, αλλά σκέφτομαι ότι για την αποτελεσματικότητα της δράσης για την απασχόληση, για τη βελτίωση της οικονομικής αποτελεσματικότητας στην Ευρώπη, θα μπορούσαμε να σπρώξουμε πιο μακριά το δικαίωμα των εργαζομένων να συμμετέχουν στο γίγνεσθαι των επιχειρήσεων. Αυτή είναι η έννοια της τροπολογίας που κατέθεσε η Ομάδα μου ζητώντας τη δυνατότητα για τους εκπροσώπους των εργαζομένων να ασκούν δικαίωμα ανασταλτικής αρνησικυρίας. Με αυτό τον τρόπο δίνουμε στους εκπροσώπους των εργαζομένων την εγγύηση ότι οι εναλλακτικές προτάσεις τους θα μελετώνται, αν μη τι άλλο, και θα λαμβάνονται υπόψη. Πολλές καταστροφικές για τις επιχειρήσεις αποφάσεις θα είχαν αποφευχθεί εάν οι εργαζόμενοι μπορούσαν να επηρεάσουν τη λήψη τους. Το δικαίωμα αυτό, εκφραστής κοινωνικής δικαιοσύνης και δημοκρατίας στην επιχείρηση, αποτελεί επίσης εγγυητή οικονομικής και κοινωνικής αποτελεσματικότητας.
Για άλλη μια φορά, η έκθεση Menrad αποτελεί ένα σημαντικό βήμα. Για το λόγο αυτό, έχει την υποστήριξη της Ομάδας μου.
Hermange
Ο απολογισμός της εφαρμογής της οδηγίας που καθιερώνει τις ευρωπαϊκές επιτροπές επιχείρησης αποδείχτηκε σε μεγάλο βαθμό θετικός, δεδομένου ότι υπάρχουν σήμερα περίπου 650 επιτροπές ευρωπαϊκών επιχειρήσεων, η πλειονότητα των οποίων δημιουργήθηκαν με βάση συμφωνίες που προηγήθηκαν της εφαρμογής της οδηγίας, έγιναν δηλαδή χωρίς να είναι υποχρεωτικές και υπήρξαν προϊόν διαπραγματεύσεων.
Ωστόσο, υπάρχουν ακόμα 1 200 επιχειρήσεις που δεν έχουν συστήσει ευρωπαϊκές επιτροπές επιχείρησης.
Τη στιγμή που οι συνέπειες της παγκοσμιοποίησης καλούν για νέες απαντήσεις για τις οποίες η διακρατική εκπροσώπηση και ενημέρωση αποτελούν ακρογωνιαίο λίθο, πρέπει να αναρωτηθούμε σχετικά με τους παράγοντες που εμποδίζουν την ανάπτυξη του ευρωπαϊκού κοινωνικού διαλόγου στις επιχειρήσεις και η έκθεση που παρουσιάζεται από την Επιτροπή και η οποία αξιολογεί ταυτόχρονα τη νομική μεταφορά καθώς και την πρακτική εφαρμογή της οδηγίας στα κράτη μέλη αποτελεί για μας σήμερα μία τέτοια ευκαιρία. Οι συζητήσεις που έγιναν στην επιτροπή ήταν καρποφόρες και θα ήθελα με τη σειρά μου να συγχαρώ τον εισηγητή για το πνεύμα διαλόγου που τον χαρακτηρίζει και το συμβιβαστικό χαρακτήρα της εργασίας του. Ωστόσο, η ευρεία συναίνεση που σημειώθηκε στους κόλπους αυτής της επιτροπής ως προς την αναγκαιότητα ανάπτυξης της ενημέρωσης και της διαβούλευσης, τόσο σε ευρωπαϊκό όσο και σε εθνικό επίπεδο, δεν θα πρέπει να επισκιάσει ορισμένες αποκλίσεις ως προς την προσέγγιση που υπογραμμίστηκαν από το συνάδελφό μου Bushill-Matthews.
Πράγματι, πιστεύω πως είναι σημαντικό να υπενθυμίσω στο σημείο αυτό ότι ο πραγματικός κοινωνικός διάλογος μέσα στην επιχείρηση απαιτεί προσαρμοσμένα και εξελίξιμα εργαλεία και όχι ένα ρυθμιστικό πλαίσιο, περιοριστικό και λεπτομερές, όπως αυτό που ορισμένοι από τους συναδέλφους μας θα επιθυμούσαν να επαναφέρουν στο πλαίσιο της αναθεώρησης της οδηγίας του 1994. Για το λόγο αυτό, θα ήθελα να επιμείνω στη σημασία που δίνουμε ώστε η επόμενη μεταρρύθμιση αυτής της οδηγίας να μην αποτελεί μία σε βάθος μεταρρύθμιση του πνεύματος που τη διέπει και ειδικά στην ανάγκη να διατηρηθεί η διαφορά ανάμεσα στην ίδια την οδηγία, ως εργαλείο για την επίτευξη κοινωνικού διαλόγου μέσα στην επιχείρηση, και το παράρτημά της που αποτελεί αποτυχία του ίδιου αυτού κοινωνικού διαλόγου.
Επιπλέον, η μείωση των κατώτατων ορίων εφαρμογής της οδηγίας δεν πρέπει να αποτελέσει αυτοσκοπό, αλλά απλή δυνατότητα επέκτασης αυτού του μηχανισμού. Για το λόγο αυτό, συμφωνώ με την τροπολογία 3, που παρουσίασε ο συνάδελφός μας, και η γαλλική αντιπροσωπεία θα στηρίξει την τροπολογία αυτή, ενώ η τροπολογία 14 μας αφήνει αμήχανους.
Τέλος, θα ήθελα να δώσω μια εξήγηση για τη μνεία που γίνεται στην παράγραφο 2, i), δηλαδή ότι η ενημέρωση και η διαβούλευση των εργαζομένων πρέπει μεταξύ άλλων να τηρούν με απόλυτο σεβασμό τις αρχές της εμπιστευτικότητας της ενημέρωσης. Αυτή η πολύ σημαντική διάταξη αφορά ειδικά στις περιπτώσεις όπου η έγκαιρη ενημέρωση και διαβούλευση των εργαζομένων, θα μπορούσαν να έρθουν σε σύγκρουση με το δικαίωμα που προκύπτει από τη νομοθεσία της αγοράς κινητών αξιών. Είναι λοιπόν θεμελιώδης για να συμφιλιωθεί η ανταγωνιστικότητα της επιχείρησης στην παγκόσμια αγορά με τη διαφύλαξη του ευρωπαϊκού κοινωνικού μοντέλου. Ελπίζω ότι η Επιτροπή θα το λάβει υπόψη κατά την προετοιμασία της πρότασής της για την αναθεώρηση της οδηγίας.
Damiγo
Κύριε Πρόεδρε, συγχαίρω και εγώ τον κύριο εισηγητή για την ποιότητα, την επιμονή, το πνεύμα ευθύνης και συντονισμού καθώς επίσης και για την αναζήτηση συναίνεσης, που επιτρέπει να υποβληθεί τώρα μία έκθεση στην οποία τονίζεται η ανάγκη και των δύο μερών της βιομηχανίας να μπορέσουν να αντιμετωπίσουν τις συγχωνεύσεις, τις μετεγκαταστάσεις και τις αναδιαρθρώσεις ανώδυνα. Πολλές φορές τα φαινόμενα αυτά συμβαίνουν κατά τρόπο αδικαιολόγητα οδυνηρό και οδηγούν σε άλλα φαινόμενα εξίσου ολέθρια που πλήττουν τους εργαζόμενους και τα δικαιώματα που απολαμβάνουν στα κράτη μέλη, δικαιώματα τα οποία εξασθενούν συνεχώς εξαιτίας των αποκαλούμενων μετεγκαταστάσεων και της κινητικότητας.
Επισημαίνω το γεγονός ότι ο εισηγητής εφιστά την προσοχή στο άρθρο 127 της Συνθήκης, που καθορίζει σαφείς και συνακόλουθους κανόνες μεταξύ του ανταγωνισμού και της κοινωνικής νομοθεσίας, κυρίως σχετικά με την ενημέρωση και διαβούλευση. Είναι προφανές ότι οφείλουμε να καθιερώσουμε το δικαίωμα των εργαζομένων και των πολιτών να επιλέγουν ελεύθερα την τύχη τους και επίσης τον τόπο όπου επιθυμούν να εργαστούν καθώς και τον τρόπο με τον οποίο επιθυμούν να εργαστούν. Η αλήθεια είναι ότι τα αρνητικά παραδείγματα αυτής της τόσο ευκταίας κινητικότητας των επιχειρήσεων και των εργοδοτών συγκλονίζουν ακόμη και σήμερα την κοινή γνώμη της χώρας μου. Και δράττομαι της ευκαιρίας για να καταγγείλω εδώ τις ενέργειες εκπροσώπων μίας εταιρείας - τυχαία αγγλικής, αυτή τη φορά, με έδρα στο Λονδίνο, με αντιπροσωπείες στη Δημοκρατία της Ιρλανδίας και την Πορτογαλία - απέναντι πολλών πορτογάλων και πολωνών εργαζομένων που εκτίθενται σε επικίνδυνες καταστάσεις (δεδομένης της ιδιαίτερης κατάστασης στη Βόρεια Ιρλανδία), χωρίς συμβάσεις, χωρίς προστασία, χωρίς ασφάλεια και που πολλές φορές εγκαταλείπονται στη θλιβερή τους μοίρα. Φαίνεται να είναι το τραγούδι της μοίρας, αλλά προφανώς είναι το ίδιο το θλιβερό τραγούδι της μοίρας των πορτογάλων εργαζομένων που αναζητούν καλύτερους μισθούς και καλύτερες συνθήκες εργασίας. Και, ωστόσο, οι εργαζόμενοι αυτοί βρίσκονται σε μία κατάσταση όπου δεν έχουν καν τη δυνατότητα να επιστρέψουν στην χώρα τους. Η κινητικότητα αυτή απειλεί όχι μόνο εκείνους που προσφεύγουν σε αυτή λόγω κοινωνικών μειονεκτημάτων αλλά επίσης και τους οργανωμένους εργαζόμενους. Αυτοί υποδέχονται τους πρώτους και επιλέγουν να είναι αλληλέγγυοι προωθώντας την ένταξή τους. Και αυτοί αποτελούν τη μοναδική τους προσφυγή, οι εκπρόσωποι των εργαζομένων και η αλληλεγγύη τους, καθώς επίσης και η αλληλεγγύη των συνδικάτων, σε αυτές τις τόσο δραματικές συνθήκες.
Επιθυμώ, λοιπόν, να διευρυνθεί και να υλοποιηθεί πρακτικά αυτό το δίκαιο που απέχει ακόμη από τον κοινωνικό στόχο τον οποίο έθεσαν η ίδια η Κοινότητα και οι Συνθήκες.
Lambert
ΕΝ) Κύριε Πρόεδρε, θα ήθελα και εγώ να ευχαριστήσω τον εισηγητή για το έργο που επιτέλεσε σχετικά με την εν λόγω έκθεση. Με δεδομένα αυτά που ακούσαμε ήδη σήμερα το απόγευμα, είναι σημαντικό να έχουμε κατά νου ότι η Λισσαβόνα δεν αφορούσε μόνο τον ανταγωνισμό, αλλά και την κοινωνική συνοχή. Περιμένουμε όλο και περισσότερο από τις εταιρείες να συμπεριφέρονται με ηθικό και κοινωνικά υπεύθυνο τρόπο. Οι υγιείς πρακτικές απασχόλησης και οι καλές εργασιακές σχέσεις με τους υπαλλήλους είναι βασικοί δείκτες γι' αυτήν την ηθική αξιολόγηση. Κάτω από αυτό το πρίσμα πρέπει να δούμε τις συστάσεις της έκθεσης.
Η έκθεση επισημαίνει ορισμένους τρόπους με τους οποίους μια αναθεωρημένη οδηγία θα μπορούσε να καταστήσει πιο αποτελεσματικές τις επιτροπές επιχείρησης και να αποτρέψει ορισμένα από τα προβλήματα και τις αποτυχίες που έχουμε πληροφορηθεί: τακτικές συναντήσεις, όχι τη συμβολική ετήσια συνάντηση στην οποία το 85% είναι διευθυντές, αύξηση της εκπροσώπησης των γυναικών, που είναι ουσιαστικά ανύπαρκτες σε πολλούς από αυτούς τους φορείς, ακριβώς όπως είναι ανύπαρκτες σε πάρα πολλά διοικητικά συμβούλια, κατάρτιση με στόχο τη βελτίωση της ποιότητας της εκπροσώπησης και της επικοινωνίας, καθώς επίσης μέσα και εγγυήσεις που θα διασφαλίζουν ότι τα μέλη των επιτροπών επιχείρησης εκπροσωπούν αποτελεσματικά όλους τους τομείς. Οι κυρώσεις σε περίπτωση μη συμμόρφωσης είναι επίσης μεγάλης σημασίας. Ή θέλουμε υπεύθυνους κοινωνικούς εταίρους ή όχι. Η Ομάδα μου τους θέλει, συνεπώς χαιρετίζουμε την εν λόγω έκθεση και αναμένουμε με ανυπομονησία τις προτάσεις της Επιτροπής που θα βασίζονται σ' αυτήν.
Figueiredo
(ΡΤ) Κύριε Πρόεδρε, αγαπητοί συνάδελφοι, η έκθεση αυτή είναι αποτέλεσμα ενός σημαντικού έργου στην Επιτροπή Απασχόλησης που συντόνισε ο συνάδελφός μας κ. Menrad και τον οποίο συγχαίρω για την ευρύτητα πνεύματος που επέδειξε στην εκτίμηση των προτάσεων που υποβλήθηκαν κατά τη συζήτηση, συμπεριλαμβανομένων και διαφόρων προτάσεων της Ομάδας μας, αν και πιστεύω ότι μπορούμε να προχωρήσουμε λίγο περισσότερο.
Όλοι γνωρίζουμε τις αναρίθμητες δυσκολίες και τα σοβαρά προβλήματα της ανεργίας τα οποία αντιμετωπίζουν οι εργαζόμενοι και οι επιτροπές επιχείρησης, κυρίως στις πολυεθνικές επιχειρήσεις, κατά τις διαδικασίες αναδιάρθρωσης και μετεγκατάστασης που εντατικοποιήθηκαν κατά τα τελευταία χρόνια χωρίς να τηρούνται τα δικαιώματα των εργαζομένων στις περισσότερες περιπτώσεις, οι οποίοι πολλές φορές αντιμετωπίστηκαν ως απλό εμπόρευμα. Επιβάλλεται, επομένως, να τροποποιηθεί σε βάθος η σημερινή οδηγία, κυρίως όσον αφορά τις διαδικασίες ενημέρωσης και διαβούλευσης των εργαζομένων και τη δυνατότητα παρέμβασης των ευρωπαϊκών επιτροπών επιχείρησης, κυρίως με πρόσθετες κυρώσεις και ανασταλτικό βέτο στις περιπτώσεις όπου οι αναδιαρθρώσεις, οι συγχωνεύσεις, οι μετεγκαταστάσεις και οι συγκεντρώσεις δεν λαμβάνουν υπόψη τα θεμιτά δικαιώματα των εργαζομένων.
Η Επιτροπή πρέπει να παρουσιάσει προτάσεις τροποποίησης αυτής της οδηγίας, όπως ζητήσαμε κατ' επανάληψη, και να περιλάβει τουλάχιστον τις βελτιώσεις που περιέχει η έκθεση Menrad και τις οποίες ενέκρινε η Επιτροπή Απασχόλησης και Κοινωνικών Υποθέσεων, καθώς επίσης και την πρόταση την οποία υποστηρίζει η Ομάδα μας. Είναι βασικό να υπάρχει μία διαδικασία ενισχυμένης και έγκαιρης διαβούλευσης με όλους τους εργαζόμενους και δυνατότητες ανασταλτικού βέτο για αποφάσεις με αρνητικές συνέπειες για τους εργαζόμενους, έτσι ώστε να ακολουθούν διαπραγματεύσεις και να αποτρέπονται αυτές οι συνέπειες. Είναι επίσης σημαντικό, όπως αναφέρεται στην έκθεση Menrad, οι επιχειρήσεις που δεν σέβονται τα δικαιώματα των εργαζομένων για ενημέρωση και διαβούλευση καθώς και όλες τις πτυχές της οδηγίας, με τις νέες τροπολογίες που υποβάλουμε, όχι μόνο να μην λαμβάνουν καμία οικονομική ενίσχυση από τα διαρθρωτικά ταμεία αλλά και να υποχρεούνται να επιστρέφουν οποιαδήποτε κοινοτική ή εθνική ενίσχυση που τους έχει χορηγηθεί, όπως επίσης και να αποκλείονται από δημόσιες συμβάσεις και επιδοτήσεις. Ελπίζω, λοιπόν, ότι η Επιτροπή θα αποδεχθεί τις θέσεις αυτές.
Pιrez Αlvarez
Κύριε Πρόεδρε, πριν από λίγο, στην παρέμβαση σχετικά με το προηγούμενο σημείο της ημερήσιας διάταξης, υπενθυμίστηκε ο ορισμός της επιχείρησης και σε αυτόν επισημάνθηκε ότι μια επιχείρηση, ως οργάνωση, είναι πλουραλιστική και ότι μια μονομελής επιχείρηση δεν θεωρείται από νομικής απόψεως επιχείρηση. Και ο πλουραλισμός επιβάλλει να ρυθμιστεί ο ρόλος των εργαζομένων στο σύνολο της οργάνωσης. Πιστεύω πως η έκθεση του κ. Menrad, τον οποίο θα πρέπει να συγχαρούμε για το θαυμάσιο έργο του, ανταποκρίνεται θαυμάσια σε αυτό το θέμα.
Στόχος της οδηγίας είναι να βελτιώσει το δικαίωμα των εργαζομένων να ενημερώνονται και να διαβουλεύονται με τους ομίλους ή τις πολυεθνικές επιχειρήσεις που λειτουργούν στην Ευρώπη. Εκτιμάται ότι αυτήν τη στιγμή περισσότερες από 1 100 πολυεθνικές, που απασχολούν περίπου 15 εκατομμύρια εργαζόμενους, θα επηρεαστούν από αυτήν την οδηγία και από την τροποποίησή της. Συμφωνώ με τον εισηγητή όταν ζητά και περιμένει από την Επιτροπή την τροποποίηση της οδηγίας 94/45/ΕΚ, επιτυγχάνοντας να αποτελέσουν τα δικαιώματα ενημέρωσης και διαβούλευσης ακριβώς ένα δρόμο για να καταστεί δυνατός και να διευκολυνθεί ο κοινωνικός διάλογος ως βασικό στοιχείο των κοινωνικών και εργασιακών σχέσεων στις συγκεκριμένες επιχειρήσεις.
Επίσης συμφωνώ μαζί του όταν ζητά ο ρόλος αυτών των οργάνων συμμετοχής, ενημέρωσης και διαβούλευσης να μην λαμβάνεται υπόψη μόνο σε περιπτώσεις βιομηχανικής μετατροπής ή κρίσης, αλλά σε μόνιμη βάση σε μια παγκόσμια οικονομία όπου παρατηρούμε συμπτώματα και χαρακτηριστικά διεθνοποίησης και όπου, επιπλέον, η άσκηση αυτών των δικαιωμάτων πραγματοποιείται την κατάλληλη διαδικαστική στιγμή.
Και όλα αυτά προκειμένου να εγγυάται στους εργαζόμενους ότι θα εισακούγονται, όχι μόνο σε στιγμές αναδιάρθρωσης, αλλά πάντα όσον αφορά αποφάσεις σημαντικές για τη ζωή και το μέλλον της επιχείρησης και των κέντρων εργασίας ή των αντιπροσωπειών της.
Αυτό είναι το περιεχόμενο των τροπολογιών που κατέθεσα και που ο εισηγητής είχε την ευγενή καλοσύνη να συμπεριλάβει.
Κάθε μέρα ακούμε ειδήσεις σημαντικές από κοινωνικής απόψεως που συχνά μας αφήνουν άναυδους: κλείνουν όλες οι αντιπροσωπείες μιας επιχείρησης σε μία ή σε περισσότερες χώρες· η επιχείρηση εξετάζει τη μαζική μείωση των θέσεων απασχόλησης· ανακοινώνεται μία συγχώνευση και οι εργαζόμενοι αναρωτιούνται τι θα συμβεί, πόσοι θα απολυθούν, και συχνά λαμβάνονται τέτοιες αποφάσεις περισσότερο για λόγους χρηματιστηρίου, για αύξηση της τιμής των μετοχών, παρά για λόγους ουσίας.
Ελάχιστα εξυπηρετεί σε αυτές τις περιπτώσεις η ανακοίνωση της απόφασης εκ των υστέρων. Η επιχείρηση είναι οργάνωση, είναι ενίοτε κοινότητα, με αλληλοσυγκρουόμενα συμφέροντα.
Θα ήθελα να επισημάνω πως στο περιεχόμενο αυτών των δικαιωμάτων θα πρέπει επίσης να συμπεριληφθεί η κατάρτιση, η συνεχής επιμόρφωση, η υγεία και η ασφάλεια, οι ίσες ευκαιρίες, το περιβάλλον, η ένταξη των νέων στην εργασία. Θα έλεγα πως όλα αυτά θα μετατρέψουν την επιχείρηση σε μια καλά οργανωμένη κοινότητα με λιγότερες συγκρούσεις. Και αυτό θα έχει αντίκτυπο στην παραγωγικότητα, στην αύξηση της παραγωγικότητας, στις συνθήκες διαβίωσης και, κατά συνέπεια, σε μια καλύτερη Ευρώπη.
Thorning-Schmidt
Κύριε Πρόεδρε, πολλοί άνθρωποι ανησυχούν ιδιαίτερα για την παγκοσμιοποίηση. Συσπειρώνονται σε οργανώσεις, οι πιο εξτρεμιστικές των οποίων πετούν πέτρες. Η Ευρωπαϊκή Ένωση κατηγορείται μερικές φορές ότι καθιστά τις αρνητικές πλευρές της παγκοσμιοποίησης χειρότερες. Πιστεύω ότι η συζήτηση που κάνουμε σήμερα και η συζήτηση που κάναμε εξ αφορμής της έκθεσης Menrad στην επιτροπή μας καταδεικνύει ακριβώς το αντίθετο. Δείχνει ότι η ΕΕ κατά τρόπο πολύ συγκεκριμένο είναι σε θέση να συμβάλει στην εξομάλυνση των αρνητικών πτυχών των ελεύθερων δυνάμεων της αγοράς - στη συγκεκριμένη δε περίπτωση όσον αφορά τις αναδιαρθρώσεις. Η ΕΕ δεν μπορεί να παρεμποδίσει τις αναδιαρθρώσεις, ούτε και εμείς πρέπει να κάνουμε κάτι τέτοιο, διότι αποτελούν τμήμα της σύγχρονης οικονομίας αγοράς και μπορούν να έχουν θετικά αποτελέσματα. Μπορούμε ωστόσο να προσπαθήσουμε να εξομαλύνουμε τις αρνητικές τους επιπτώσεις με το να συμπεριλάβουμε τους εργαζομένους στη διαδικασία με τρόπο που θα είναι σωστός.
Αυτό που κάνουμε σήμερα και αυτό που καλώς εχόντων των πραγμάτων θα κάνουμε εφεξής με τη νέα οδηγία είναι μια πολύ συγκεκριμένη προσπάθεια να καταστήσουμε την αγορά λίγο περισσότερο δημοκρατική. Η οδηγία είχε ήδη ένα αποτέλεσμα. Φαίνεται στην έκθεση της Επιτροπής. Συστήθηκαν επιτροπές επιχείρησης ως απόρροια της οδηγίας. Όμως μπορούν ακόμα να βελτιωθούν πολλά πράγματα όπως είπαν και άλλοι ομιλητές, και ελπίζω ότι η Επιτροπή θα είναι πρόθυμη να αντλήσει έμπνευση από την έκθεση του Κοινοβουλίου σήμερα. Ένα μέρος των βελτιώσεων πρέπει να συμβούν με τη μορφή αλλαγής νοοτροπίας στις επιχειρήσεις. Οι επιχειρήσεις πρέπει να πιστέψουν ότι η ενημέρωση και η διαβούλευση δεν είναι επώδυνο και βαρύ καθήκον αλλά εποικοδομητικό κομμάτι κάθε σύγχρονης επιχείρησης καθώς και ότι η δημιουργία εταιρικών σχέσεων συμβάλλει στη δημιουργία υπεύθυνων εργαζομένων. Συγχρόνως ελπίζω ότι η Επιτροπή ήδη από τώρα θα προχωρήσει στις εκτιμήσεις για μια νέα οδηγία και θα χαρώ να δω τη διεύρυνση των θεμάτων επί των οποίων θα γίνονται διαβουλεύσεις με τους εργαζομένους.
Θεωρώ ότι σε γενικές γραμμές πρέπει να δούμε πώς έχει η κατάσταση των εργαζομένων. Πρέπει να καταλάβουμε ότι αυτοί που συνεδριάζουν στις επιτροπές επιχείρησης είναι κοινοί άνθρωποι με κοινές απαιτήσεις. Πρέπει να παίρνουν άδεια από την εργασία τους και υπάρχει ανάγκη για μετάφραση, χώρους και εκπαίδευση ώστε να μπορούν να διεκπεραιώνουν τα καθήκοντά τους ως εκπροσώπων των εργαζομένων. Πιστεύω δε ότι οι εργαζόμενοι πρέπει σε μεγαλύτερο βαθμό να μπορούν να έρχονται σε επαφή με ειδικούς από τις συνδικαλιστικές οργανώσεις. Πρέπει να καταλάβουμε ότι πρέπει να βελτιωθούν οι συνθήκες τους. Μια μέλλουσα οδηγία θα μπορούσε κάλλιστα να συμπεριλάβει τις εποικοδομητικές τροπολογίες που έχει προτείνει το Κοινοβούλιο. Δεν είναι προχωρημένες, φανατισμένες τροπολογίες, αλλά πολύ εποικοδομητικές τροπολογίες και ελπίζω ότι η Επιτροπή θα τις συμπεριλάβει όταν καταθέσει μια νέα οδηγία. Με μια σωστή διατύπωση μπορούν να αποτελέσουν ένα ακόμη βήμα προς την κατεύθυνση του ευρωπαϊκού κοινωνικού μοντέλου.
Evans, Jillian
Κύριε Πρόεδρε, υποστηρίζω με χαρά αυτήν την έκθεση. Έχω μιλήσει πολλές φορές ενώπιον του Σώματος για την πρόσφατη απώλεια 3 000 θέσεων εργασίας στην Ουαλία, όταν η χαλυβουργική εταιρεία Corus ανακοίνωσε μαζικές απολύσεις. Όταν η Επιτροπή Απασχόλησης και Κοινωνικών Υποθέσεων διοργάνωσε την ακρόαση φέτος τον Απρίλιο, ο εκπρόσωπος των εργαζομένων από την ευρωπαϊκή επιτροπή επιχείρησης της Corus μάς είπε ότι, από πολλές πλευρές, ήταν μια πρότυπη επιτροπή επιχείρησης. Συνεδρίαζε δύο φορές ετησίως, παρείχε εξαιρετική κατάρτιση και έδινε τη δυνατότητα στους εμπειρογνώμονες να παρίστανται στις συνεδριάσεις. Παρόλα αυτά, δεν μπόρεσε να πει στους εργαζομένους ότι επρόκειτο να χαθούν 6 000 θέσεις εργασίας, ακόμα και όταν υπήρχε μαζική δημόσια εικοτολογία για τις εν λόγω απώλειες θέσεων εργασίας.
Η παρούσα έκθεση αναφέρει ότι κύριος στόχος της οδηγίας είναι η εξάλειψη των εμποδίων που παρακωλύουν την ενημέρωση, τη διαβούλευση και την επικοινωνία με το εργατικό δυναμικό, προκειμένου να υπάρχει διάλογος. Αυτό έχει ζωτική σημασία. Δεν αρκούν οι θεωρητικές αναφορές στη διαβούλευση. Πρέπει να διατυπωθεί ένας ορισμός για τη διαβούλευση, έτσι ώστε να εξυπηρετεί το σκοπό της, να είναι συνεκτική και να διεξάγεται σε εύθετο χρόνο, όπως είπαν και άλλοι. Με άλλα λόγια, πρέπει να λαμβάνει χώρα πριν από τη λήψη των αποφάσεων και όχι μετά, ενώ θα πρέπει να υπάρχουν κυρώσεις για τα άτομα που δεν συμμορφώνονται.
Συμφωνώ με τον κ. Menrad ότι χρειάζεται αναθεώρηση της οδηγίας για να μην επαναληφθεί η εμπειρία της Corus και για να εξεταστούν άλλα θέματα τα οποία προσδιορίζει, όπως είναι η συμμετοχή των γυναικών. Ελπίζω να επιτευχθεί αυτό με τη βοήθεια της σημερινής συζήτησης.
Laguiller
Κύριε Πρόεδρε, δεν θα ψηφίσω κατά της έκθεσης αυτής για το μόνο λόγο ότι αρκετά συνδικάτα επιθυμούν την ψήφισή της, ασχέτως με το τι πιστεύω για την πολιτική τους. Αυτό όμως δεν σημαίνει ότι θα την επικροτήσω.
Πράγματι, σε αντιστάθμισμα μιας περιορισμένης διεύρυνσης των δικαιωμάτων των ευρωπαϊκών επιτροπών επιχείρησης, η έκθεση ζητά να γίνουν δεκτές οι επιταγές του ανταγωνισμού καθώς και η εμπιστευτικότητα της ενημέρωσης. Τονίζει, εξάλλου, ότι ο ρόλος που αναθέτει στις επιτροπές είναι να μειώνουν τους κινδύνους συγκρούσεων, πράγμα το οποίο ισχυρίζεται ότι συνιστά παράγοντα επιτυχίας για τις επιχειρήσεις, δηλαδή σε τελική ανάλυση για τα αφεντικά τους.
Στη Γαλλία βλέπουμε ξεκάθαρα, ότι όσον αφορά τις βασικές αποφάσεις για τη ζωή των εργαζομένων, η τελική απόφαση παίρνεται από τα αφεντικά. Οι επιτροπές επιχειρήσεων είναι ανίκανες, όπως διαπιστώσαμε με τις απαράδεκτες απολύσεις στη Moulinex, την Aventis, τη Danone και πολλές άλλες επιχειρήσεις, όπου εξαπατήθηκαν έτσι ώστε να συνυπογράψουν τις αποφάσεις της εργοδοσίας, ή ακόμα και να υποδείξουν τα θύματα των απολύσεων, όπως συνέβη στην AOM-Air Libertι.
Λοιπόν, το μόνο δικαίωμα που θα ήταν πραγματικό δικαίωμα για τους εργαζόμενους, θα ήταν αυτό στην απασχόληση, δηλαδή η απαγόρευση των απολύσεων, αν μη τι άλλο για τις κερδοφόρες επιχειρήσεις.
Mann, Thomas
Κύριε Πρόεδρε, στην Επιτροπή είχε ανατεθεί να εξετάσει την αποτελεσματικότητα της Ευρωπαϊκής Επιτροπής Επιχείρησης, της οποίας η σημασία αυξανόταν όλο και περισσότερο: το 1994 υπήρχαν 40 τέτοιες επιτροπές, ενώ το 2001 έφθασαν τις 650. Ως εκ τούτου, το γεγονός ότι η Ευρωπαϊκή Επιτροπή Επιχείρησης ενίσχυσε την ευρωπαϊκή συνείδηση ενώ παράλληλα ενισχύθηκε επίσης το ενδιαφέρον των εργαζομένων για διασυνοριακά μέτρα, για αλληλεγγύη, είναι πραγματικά εξαιρετικό. Ωστόσο υπάρχουν προβλήματα, όπως μάθαμε στην ακρόαση της Επιτροπής Απασχόλησης. Είναι εντελώς ασαφές τι θεωρείται επαρκής ενημέρωση. Πώς είναι δυνατόν να εκπονήσουν οι εργαζόμενοι εναλλακτικά σχέδια όταν ενημερώνονται πολύ αργά; Όταν πρόκειται, για παράδειγμα, για μεγάλης σημασίας αλλαγές στη δομή των επιχειρήσεων, πρέπει να αποφασίζεται ενίσχυση της διαδικασίας διαβούλευσης!
Από την άλλη, οι Ευρωπαϊκές Επιτροπές Επιχειρήσεων συνήθως συνέρχονται μόνο μία και μοναδική φορά τον χρόνο. Πρέπει να γίνονται τουλάχιστον δύο, αν όχι και τρεις συνεδριάσεις τον χρόνο. Πρέπει να μπορούν οι συμμετέχοντες να γνωριστούν καλύτερα και να κατανοήσουν τις διαφορές νοοτροπίας τους. Τούτο αποτελεί την πρώτη προϋπόθεση για αλληλέγγυη και βέβαιη βιώσιμη δράση. Επίσης, εξακολουθεί να μην υπάρχει επαρκής εκπροσώπηση των γυναικών. Ως προς αυτό είναι αναγκαία πολλή εργασία για τη δημιουργία κινήτρων μέσα στις επιχειρήσεις και στη συνέχεια τούτο πρέπει να εκφρασθεί σαφώς στις εκλογές.
Συζήτησα με πολλές επιτροπές επιχειρήσεων, και στην εκλογική μου περιφέρεια. Θεωρούν εξαιρετικά σημαντικό να υπάρχουν περισσότερες δυνατότητες εκπαίδευσης, ώστε να καλυφθούν οι ελλείψεις στη γνώση ξένων γλωσσών. Συμφωνώ απόλυτα με τον Winfried Menrad, που τάσσεται υπέρ της διδασκαλίας ξένων γλωσσών για τα μέλη των επιτροπών επιχειρήσεων. Πρέπει επίσης να δοθεί σημασία στην μετεκπαίδευση των εργαζομένων - έχω στον νου μου το ισοζυγιακό δίκαιο, το εργατικό δίκαιο και το κοινωνικό δίκαιο - και πρέπει να εργασθούμε έτσι ώστε να μπορούμε ύστερα να λέμε: τι θέλουμε να περιληφθεί στην ημερήσια διάταξη; Η προστασία της υγείας, το σπουδαίο ζήτημα της ασφάλειας στον τόπο εργασίας ή και το ζήτημα που διαρκώς επαναφέρει ο Winfried, δηλαδή η συμμετοχή των εργαζομένων στο κεφάλαιο. Ο εισηγητής κατόρθωσε να συμπεριλάβει 75 τροπολογίες στην Επιτροπή Απασχόλησης, καθώς και άλλες της Επιτροπής Βιομηχανίας, Εξωτερικού Εμπορίου, Έρευνας και Ενέργειας και της Επιτροπής Νομικών Θεμάτων και Εσωτερικής Αγοράς. Πραγματικά κατόρθωσε να χτίσει γέφυρες στην επιτροπή μας και 38 στους 38 είπαν "ναι" ! Μακάρι να επιτευχθεί το ίδιο και στην αυριανή ψηφοφορία!
Bastos
Κύριε Πρόεδρε, κύριοι βουλευτές, συγχαίρω καταρχήν τον εισηγητή, το συνάδελφο Menrad, για τον επίκαιρο χαρακτήρα και τα προτερήματα της έκθεσής του. Ο κοινωνικός διάλογος στο χώρο της Ένωσης είναι απαραίτητος για την ίδια την ευρωπαϊκή οικοδόμηση. Είναι, επομένως, ανάγκη να αναθεωρηθεί αυτή η οδηγία για τις ευρωπαϊκές επιτροπές επιχείρησης σε επιχειρήσεις κοινοτικής κλίμακας. Από το 1994 δημιουργήθηκαν 650 ευρωπαϊκές επιτροπές επιχείρησης, σε σύγκριση με τις περίπου 40 που υπήρχαν προηγουμένως. Δεν υπάρχει αμφιβολία ότι πρόκειται για επιτυχία.
Εν τω μεταξύ, επήλθαν τεράστιες αλλαγές στην ευρωπαϊκή αγορά εργασίας που απαιτούν νέες απαντήσεις με αυστηρό καθορισμό των εννοιών της ενημέρωσης και της διαβούλευσης των εργαζομένων σε επιχειρήσεις κοινοτικής κλίμακας, οι οποίες πρέπει να υποβληθούν έγκαιρα και κατά τρόπο πρόσφορο για να ληφθούν στη συνέχεια αποφάσεις. Πρέπει να διευρυνθεί περισσότερο το φάσμα των θεμάτων που εξετάζονται κατά τη διαδικασία ενημέρωσης και διαβούλευσης, και να ενισχυθεί σε θέματα ιδιαίτερα ευαίσθητα για όλους τους εργαζόμενους. Οι περιοδικές συνεδριάσεις του οργάνου αυτού είναι επίσης απαραίτητες διότι στο 85% περίπου των περιπτώσεων συνεδριάζει μόνο μία φορά ετησίως και αυτό είναι προφανώς ανεπαρκές.
Η διάσταση που πρέπει να έχει μία επιχείρηση ώστε να καλύπτεται από την οδηγία αυτή πρέπει επίσης να μας απασχολήσει, θέτοντας ως στόχο ένα πιο λογικό όριο, και στο θέμα αυτό συμφωνούμε με τον εισηγητή κ. Menrad. Οι διατάξεις σχετικά με την προστασία και τα δικαιώματα των εκπροσώπων των εργαζομένων που επιλέγονται ελεύθερα από αυτούς πρέπει να ενισχυθούν, καθώς επίσης και η ισόρροπη εκπροσώπηση ανδρών και γυναικών. Σήμερα, το 90% των μελών των ειδικών ομάδων διαπραγμάτευσης και των ευρωπαϊκών επιτροπών επιχείρησης είναι άνδρες.
Μία τελευταία παρατήρηση, για να τονίσω ότι η διαδικασία ενημέρωσης και διαβούλευσης μπορεί να οδηγήσει σε μία εμβάθυνση της σχέσης μεταξύ εργοδοτών και εργαζομένων σε όλα τα κράτη μέλη, συμβάλλοντας στην ανάπτυξη του ιδανικού της ευρωπαϊκής συνείδησης.
Novelli
Κύριε Πρόεδρε, αγαπητοί συνάδελφοι, η Ευρωπαϊκή Επιτροπή υπέβαλε τον Απρίλιο 2000 έκθεση σχετικά με την κατάσταση εφαρμογής της οδηγίας του 1994 για την καθιέρωση μιας ευρωπαϊκής επιτροπής επιχείρησης για τις επιχειρήσεις κοινοτικών διαστάσεων. Η έκθεση αυτή συνθέτει ένα σχετικώς θετικό απολογισμό, δεδομένου ότι σήμερα, περισσότερο από το ένα τρίτο των σχετικών επιχειρήσεων έχουν καθιερώσει αυτές τις επιτροπές επιχείρησης, αλλά πρέπει, βέβαια, να πούμε ότι η πρόσφατη επικαιρότητα σχετικά με ορισμένα κοινωνικά προγράμματα καθιστά πιο αναγκαία παρά ποτέ αυτή την ενημέρωση και αυτή την ενδεχόμενη διαβούλευση.
Με τον τρόπο αυτό νέα σχέδια οδηγιών ήρθαν να προστεθούν στο κείμενο του 1994, που αποτελεί αντικείμενο αυτής της έκθεσης. Σε ό,τι αφορά αυτά τα σχέδια, τρεις δράσεις μου φαίνεται ότι πρέπει να συνεχιστούν.
Πρώτον, πρέπει να προβλεφθούν διατάξεις ώστε, μέσα σε εύλογο διάστημα, η πλειονότητα των υπόψη επιχειρήσεων να αποκτήσει ευρωπαϊκή επιτροπή επιχείρησης. Από αυτή την άποψη, η ιδέα να μειωθεί ο ελάχιστος αριθμός εργαζομένων για την υπαγωγή στην οδηγία δεν μου φαίνεται και τόσο λογική. Ας επιτύχουμε πρώτα την τήρηση της οδηγίας του 1994. Ο δεύτερος άξονας θα έπρεπε να συνίσταται στην πρόταση ενός συνολικού κειμένου, που θα προκύπτει από τη σύνθεση διαφόρων προτάσεων, και όχι σε οδηγίες στοιβαγμένες η μία πάνω στην άλλη. Η τρίτη δράση θα έπρεπε να είναι η μέριμνα για τη διατήρηση της αυτονομίας και της ελευθερίας της διαχείρισης των επιχειρήσεων από τη στιγμή που αυτές τηρούν απολύτως το καθήκον τους ως προς την ενημέρωση και τη διαβούλευση.
Η έκθεση του κ. Menrad, του οποίου εκτιμώ την προσπάθεια, δεν κατάφερε ωστόσο να αποφύγει μερικούς σκοπέλους. Έτσι, η συνδιαχείριση, τρόπος διαχείρισης που εφαρμόζεται στη Γερμανία, αλλά μόνον εκεί, τον οδήγησε να λάβει υπόψη τις σοσιαλιστικές τροπολογίες του συναδέλφου μας Harlem Dιsir, τροπολογίες τις οποίες η Ομάδα μας είχε, με δική μου πρωτοβουλία, απορρίψει στην επιτροπή βιομηχανίας. Αναφέρομαι κυρίως στα κατώτερα όρια που καθορίζουν ποιες είναι οι σχετικές επιχειρήσεις και στην καθιέρωση, σε ορισμένες περιπτώσεις, της οιονεί αρνησικυρίας μέσα από τις κυρώσεις, και λυπάμαι ειλικρινά γι' αυτό.
Όσον αφορά τους σοσιαλιστές συναδέλφους μας, είναι πράγματι απερίσκεπτο να αρνούνται τις προτάσεις της Επιτροπής, σχετικά με το ταχυδρομείο ή την ενέργεια, με το σκεπτικό ότι πρέπει πρώτα να εφαρμόσουμε τα ήδη ισχύοντα και αντιθέτως, όπως εν προκειμένω, να επωφελούνται της υποτιθέμενης βραδύτητας για να σπρώξουν τα πράγματα όταν αυτό τους συμφέρει.
Στα μάτια μου, ο ανταγωνισμός, το άνοιγμα των αγορών και η δημιουργία μιας εσωτερικής αγοράς πάνε μαζί με την ενημέρωση και τη διαβούλευση με τους εργαζομένους. Για το λόγο αυτό, με λύπη μου αλλά με βεβαιότητα, θα απόσχω, εάν οι παράγραφοι 4 και κυρίως 14 εγκριθούν ως έχουν.
Bolkestein
. (ΕΝ) Κύριε Πρόεδρε, καταρχάς θα ήθελα να πω ότι η Επιτροπή χαιρετίζει αυτήν την έκθεση σχετικά με την κατάσταση εφαρμογής της οδηγίας για τη θέσπιση ευρωπαϊκής επιτροπής επιχείρησης. Ασφαλώς, θα αποτελέσει μια πολύ σημαντική συνεισφορά στην αναθεώρηση της οδηγίας που επιχειρούμε. Θα ήθελα να ευχαριστήσω όλως ιδιαιτέρως τον εισηγητή, κ. Menrad, για τις προσπάθειες που έχει καταβάλλει για αυτή την έκθεση επι μακρό χρονικό διάστημα. Η έκθεση αντικατοπτρίζει ξεκάθαρα τη βαθιά γνώση του επί του θέματος. Επίσης, γνωρίζω πόσο χρόνο έχει αφιερώσει σ' αυτό το θέμα η Επιτροπή Απασχόλησης και Κοινωνικών Υποθέσεων, ιδιαίτερα όσον αφορά την εξαιρετικά χρήσιμη δημόσια ακρόαση που διοργάνωσε νωρίτερα φέτος, δίνοντας τη δυνατότητα σε όλους τους φορείς να εκφράσουν τις απόψεις τους.
Η έκθεση αναγνωρίζει τη συνολική επιτυχία της εφαρμογής της οδηγίας, ενώ συγχρόνως εντοπίζει ορισμένες αδυναμίες. Η οδηγία ήταν το πρώτο κοινοτικό νομοθέτημα που όριζε μια ειδική διακρατική πτυχή των σχέσεων εργοδότη/εργαζομένου, με αποτέλεσμα να δημιουργήσει πραγματική επανάσταση. Από εκείνη την αφετηρία, φθάσαμε σήμερα στο σημείο να υπάρχουν συμφωνίες για ευρωπαϊκή επιτροπή επιχείρησης σε 650 επιχειρήσεις ή ομίλους επιχειρήσεων στην Ευρώπη, καλύπτοντας περίπου το 60% των υπαλλήλων. Σήμερα, σε καθεμία από αυτές τις επιχειρήσεις λαμβάνουν χώρα συναντήσεις μεταξύ της διοίκησης και των υπαλλήλων διαφόρων κρατών μελών. Αυτό θα ήταν σχεδόν αδιανόητο πριν από λίγα χρόνια και πρόκειται για ένα σημαντικό επίτευγμα. Λόγω της εγγενούς ευελιξίας της οδηγίας, το επίτευγμα αυτό είναι γεγονός, παρά τη μεγάλη ποικιλία των συστημάτων συμμετοχής των εργαζομένων και των συστημάτων βιομηχανικών σχέσεων που ισχύουν στα κράτη μέλη. Όπως αναγνωρίζει η έκθεση, η οδηγία έχει αναμφίβολα συμβάλει στη δημιουργία ευρωπαϊκής συνείδησης μεταξύ των εκπροσώπων των εργαζομένων.
Αναγνωρίζοντας την επιτυχία της οδηγίας, θα ήθελα επίσης να αναγνωρίσω, όπως και η έκθεση, το ρόλο που έχουν διαδραματίσει οι συνδικαλιστικές οργανώσεις, ιδίως οι συνδικαλιστικές οργανώσεις σε επίπεδο Ευρωπαϊκής Ένωσης. Η συμβολή τους στο συντονισμό και στη διεξαγωγή πολυάριθμων διαπραγματεύσεων είναι καθοριστικής σημασίας για την επιτυχία της οδηγίας.
Η αναγνώριση της συνολικής επιτυχίας της οδηγίας δεν σημαίνει, ασφαλώς, ότι δεν έχουν υπάρξει προβλήματα αναφορικά με την εφαρμογή της. Η έκθεση της Επιτροπής προς το Κοινοβούλιο και το Συμβούλιο τον Απρίλιο 2000 αναγνώρισε ορισμένα νομικά και πρακτικά προβλήματα σχετικά με την εφαρμογή της οδηγίας. Η έκθεση του Κοινοβουλίου, που συντάχθηκε ως απάντηση στην έκθεση της Επιτροπής, επεξεργάστηκε το θέμα, εντόπισε ορισμένες αδυναμίες στην εφαρμογή της οδηγίας και προτείνει μια σειρά αλλαγών για την καταπολέμηση των εν λόγω αδυναμιών. Μπορώ να διαβεβαιώσω το Κοινοβούλιο ότι θα μελετήσουμε προσεκτικά όλες τις προτάσεις του.
Ένα μείζον ζήτημα που τονίζεται στην έκθεση και το οποίο, όπως σημειώνει η έκθεση, έχει αποτελέσει επίκεντρο μεγάλου δημόσιου ενδιαφέροντος τελευταία, είναι η διασαφήνιση των όρων ενημέρωση και διαβούλευση. Είναι ανάγκη να διασφαλίσουμε ότι οι εργαζόμενοι θα ενημερώνονται και θα ζητείται η γνώμη τους την κατάλληλη χρονική στιγμή, όταν μπορούν ακόμα να επηρεάσουν τις αποφάσεις. Η έκθεση τονίζει ορισμένες από τις περιπτώσεις όπου, δυστυχώς, οι εργαζόμενοι δεν ενημερώθηκαν σωστά ούτε ζητήθηκε η γνώμη τους σχετικά με σημαντικές αποφάσεις, καθοριστικές για τις ζωές τους.
Ακριβώς επειδή συμμερίζομαι τις ανησυχίες του Κοινοβουλίου επί του θέματος και είμαι αποφασισμένος να καταβάλω κάθε δυνατή προσπάθεια προκειμένου να ανταποκριθώ σ' αυτές τις ανησυχίες, έλαβα τεράστια ενθάρρυνση από την απόφαση του Συμβουλίου Απασχόλησης και Κοινωνικών Υποθέσεων της 11ης Ιουνίου, να εγκρίνει ομόφωνα μια πολιτική συμφωνία για μια κοινή θέση αναφορικά με το σχέδιο οδηγίας που θεσπίζει ένα κοινό πλαίσιο για την ενημέρωση και τη διαβούλευση με τους εργαζομένους. Η κοινή θέση εγκρίθηκε επίσημα από το Συμβούλιο στις 23 Ιουλίου. Όπως θα γνωρίζει το Κοινοβούλιο, η πρόταση της Επιτροπής για την εν λόγω οδηγία περιείχε εκτενείς διατάξεις σχετικά με την ενημέρωση και τη διαβούλευση, όσον αφορά τόσο το περιεχόμενο όσο και το χρονοδιάγραμμα. Με χαρά παρατηρώ ότι στην έκθεση του Κοινοβουλίου η πρόταση της Επιτροπής αποτελεί σημείο αναφοράς για τη συγκεκριμένη πτυχή.
Γνωρίζω ότι τώρα το Κοινοβούλιο εργάζεται δραστήρια στο πλαίσιο της δεύτερης ανάγνωσης του σχεδίου οδηγίας, προκειμένου να εγκριθεί το συντομότερο δυνατό. Θα υπάρξουν θέματα που θα πρέπει να επιλυθούν μεταξύ Κοινοβουλίου και Συμβουλίου, κυρίως σε ό,τι αφορά τις κυρώσεις, ζήτημα που έχει αναφερθεί από αρκετούς ομιλητές σήμερα το απόγευμα. Πρόκειται για ένα θέμα σχετικά με το οποίο η κοινή θέση του Συμβουλίου πόρρω απέχει από την κοινή επιθυμία Επιτροπής και Κοινοβουλίου για αποτελεσματικές κυρώσεις: κυρώσεις έναντι της μη τήρησης των υποχρεώσεων ενημέρωσης και διαβούλευσης. Πέραν αυτού όμως, πιστεύω ότι όλα τα θεσμικά όργανα επιδεικνύουν τώρα πολιτική βούληση για την ταχεία επίτευξη μιας τελικής συμφωνίας επ' αυτού του κειμένου, δημιουργώντας έτσι ένα συνεκτικό πλαίσιο για την ενημέρωση και τη διαβούλευση σε ολόκληρη την Κοινότητα.
Ακριβώς όπως ορισμένα θέματα που θίγονται στις εκθέσεις του Κοινοβουλίου άπτονται του σχεδίου οδηγίας περί ενημέρωσης και διαβούλευσης, έτσι και κάποια άλλα θέματα - όπως ο ρόλος των συνδικαλιστικών ενώσεων, το θέμα της κατάρτισης των εκπροσώπων των εργαζομένων και το χρονικό διάστημα διαπραγμάτευσης των συμφωνιών - εξετάζονται στο πλαίσιο του σχεδίου οδηγίας που αποτελεί συμπλήρωμα στο καταστατικό της Ευρωπαϊκής Εταιρείας όσον αφορά τη συμμετοχή των εργαζομένων. Χαιρετίζω το γεγονός ότι το Κοινοβούλιο εκπόνησε τάχιστα τη γνωμοδότησή του επί του εν λόγω κειμένου, προετοιμάζοντας έτσι το έδαφος για την τελική του έγκριση, η οποία ελπίζω ότι θα λάβει χώρα στο Συμβούλιο Απασχόλησης και Κοινωνικών Υποθέσεων του Οκτωβρίου.
Η έκθεση του Κοινοβουλίου αναγνωρίζει - όπως καθίσταται σαφές από τα προηγούμενα - ότι η αναθεώρηση της οδηγίας περί ευρωπαϊκής επιτροπής επιχείρησης συνδέεται στενά με τα δύο αυτά νομοθετικά κείμενα που βρίσκονται υπό εξέταση αυτήν τη στιγμή, δηλαδή εκείνο που αφορά την ενημέρωση και τη διαβούλευση αφενός και εκείνο που αφορά τη συμμετοχή των εργαζομένων στην ευρωπαϊκή εταιρεία αφετέρου. Πάντοτε πίστευα ότι, λόγω αυτής της συσχέτισης, θα έπρεπε να επικεντρωθούμε στην ολοκλήρωση αυτών των δύο κειμένων προτού ασχοληθούμε με την αναθεώρηση της οδηγίας περί ευρωπαϊκής επιτροπής επιχείρησης. Η Επιτροπή εξακολουθεί να υποστηρίζει σθεναρά αυτήν την άποψη. Τώρα όμως, ευτυχώς, βλέπουμε στον ορίζοντα την τελική έγκριση αυτών των κειμένων και συνεπώς η πρόθεσή μου είναι να είμαι έτοιμος, αμέσως μόλις ολοκληρωθεί η οδηγία περί ενημέρωσης και διαβούλευσης, να ασχοληθώ με την αναθεώρηση της οδηγίας περί ευρωπαϊκής επιτροπής επιχείρησης. Όπως αναφέρεται στην έκθεση, το πρώτο στάδιο αυτής της διαδικασίας θα είναι μια επίσημη ακρόαση των κοινωνικών εταίρων.
Προτού ολοκληρώσω, θα ήθελα να απαντήσω σύντομα σε δύο συγκεκριμένα ερωτήματα. Πρώτον, στο ερώτημα που έθεσαν ο κ. Dιsir και η κ. Flautre σχετικά με το πώς σκοπεύει η Επιτροπή να αντιμετωπίσει τις κοινωνικές πτυχές του ελέγχου των συγχωνεύσεων. Εν συντομία, η απάντηση είναι ότι η Επιτροπή έχει αναφέρει την πρόθεσή της να εξετάσει την αλληλεπίδραση μεταξύ του κοινοτικού δικαίου περί ανταγωνισμού όσον αφορά τις συγχωνεύσεις και των κοινωνικών επιπτώσεων αυτών των συγχωνεύσεων. Το δεύτερο ερώτημα υποβλήθηκε από τον κ. Dιsir. Με ρώτησε για τα σχέδια της Επιτροπής όσον αφορά τη χρονική στιγμή που θα επιλεγεί για την αναθεώρηση της οδηγίας περί ευρωπαϊκής επιτροπής επιχείρησης. Θα απαντήσω ότι η Επιτροπή σχεδιάζει να καταπιαστεί με την αναθεώρηση της οδηγίας περί ευρωπαϊκής επιτροπής επιχείρησης ευθύς μόλις εγκριθεί η οδηγία περί ενημέρωσης και διαβούλευσης. Το πρώτο βήμα θα είναι η ακρόαση των κοινωνικών εταίρων η οποία, εάν έχει ολοκληρωθεί η διαδικασία συνδιαλλαγής για το κείμενο περί ενημέρωσης και διαβούλευσης μέχρι τα τέλη του τρέχοντος έτους, θα μπορούσε να αρχίσει στις αρχές του επόμενου έτους. Η Επιτροπή υποστηρίζει με επιμονή την άποψη ότι η χρονική στιγμή που θα επιλεγεί για την αναθεώρηση της οδηγίας περί ευρωπαϊκής επιτροπής επιχείρησης συνδέεται άρρηκτα με την έγκριση της οδηγίας περί ενημέρωσης και διαβούλευσης, καθώς και με την τελική έγκριση της πρότασης που αφορά το καταστατικό της ευρωπαϊκής εταιρείας.
Εν κατακλείδι, θα ήθελα για μια ακόμα φορά να ευχαριστήσω πάρα πολύ το Κοινοβούλιο για τις ενδελεχείς και εμπεριστατωμένες εκθέσεις του, οι οποίες θα συμβάλουν σημαντικά, όχι μόνο στον προβληματισμό της Επιτροπής, αλλά και στον προβληματισμό των λοιπών φορέων γι' αυτό το σημαντικό θέμα.
Πρόεδρος
Ευχαριστώ πολύ, Επίτροπε κύριε Frederik Bolkestein.
Η συζήτηση έληξε.
Η ψηφοφορία θα διεξαχθεί αύριο, στις 12.30.
Έλεγχος της εφαρμογής του Κοινοτικού Δικαίου (1999)
Πρόεδρος
Η ημερήσια διάταξη προβλέπει τη συζήτηση της έκθεσης (A50250/2001) του κ. Kουκιάδη, εξ ονόματος της Επιτροπής Νομικών Θεμάτων και Εσωτερικής Αγοράς, σχετικά με τη δέκατη έβδομη ετήσια έκθεση της Επιτροπής για τον έλεγχο της εφαρμογής του κοινοτικού δικαίου -1999 (COM(2000) 92 - C50381/2000 - 2000/2197(COS)).
Κουκιάδης
. Κύριε Πρόεδρε, η έκθεση για την εφαρμογή του κοινοτικού δικαίου πρέπει να περάσει στις εκτιμήσεις όλων μας ως μια από τις σημαντικότερες εκθέσεις γιατί είναι αυτή που απεικονίζει την πραγματική κατάσταση της Ευρωπαϊκής Ένωσης, τον πραγματικό σφυγμό της, τη σύνδεσή της με την καθημερινότητα του πολίτη. Η έκθεση αυτή είναι η πρώτη που συντάσσεται για την νέα δεκαετία, με την οποία αρχίζει και ο νέος αιώνας, και νομίζω ότι θα μπορούσε να αποτελέσει αφορμή για μια συνολικότερη αντιμετώπιση των προβλημάτων που συνδέονται με την λειτουργία στην πράξη της Ενιαίας Αγοράς, της Ευρωπαϊκής Ένωσης στο σύνολό της και με το όραμα της ολοκλήρωσης.
Τρία νέα δεδομένα, όπως η επικείμενη χωρίς προηγούμενο διεύρυνση, η αναζήτηση της εμβάθυνσης και της πολιτικής ολοκλήρωσης της Ευρωπαϊκής Ένωσης και ο αναπόφευκτος πολλαπλασιασμός της νομοθετικής παρέμβασης, επιβάλλουν μια ριζική αναθεώρηση του θέματος του ελέγχου της εφαρμογής του κοινοτικού δικαίου. Το όλο θέμα συνδέεται αναπόφευκτα και με την αναθεώρηση των Συνθηκών και πρέπει να ενταχθεί στις προτεραιότητες της προσεχούς διακυβερνητικής. Η Λευκή Βίβλος εντοπίζει το πρόβλημα και μένει να δούμε πώς θα το αντιμετωπίσει.
Χωρίς μηδενισμό στις καθυστερήσεις μεταφοράς των οδηγιών και χωρίς διαμόρφωση μιας ενιαίας αντίληψης για το κοινοτικό δίκαιο δεν μπορεί να υπάρξει ούτε ενιαίος οικονομικός χώρος, ούτε προώθηση της αντίληψης για την ιθαγένεια του ευρωπαίου πολίτη. Πολίτης μιας χώρας που πάει να εργαστεί σε άλλη χώρα και συναντά εμπόδια στην αναγνώριση των επαγγελματικών δεξιοτήτων αισθάνεται ως αλλοδαπός και όχι ως Ευρωπαίος. Κανόνες ανταγωνισμού που εφαρμόζονται επιλεκτικά σε διάφορες χώρες νοθεύουν τον ευρωπαϊκό ανταγωνισμό και ούτω καθεξής. Να λοιπόν γιατί η υπόθεση της εφαρμογής του κοινοτικού δικαίου πρέπει να γίνει υπόθεση του καθενός και να περάσει στις προτεραιότητές μας. Είναι μάταιο να δαπανούμε ολόκληρες ώρες για το αν θα περάσει η τάδε ή η δείνα τροπολογία και να περιθωριοποιούμε την δραστηριότητά μας για το αν μια οδηγία εφαρμόζεται ή όχι. Θα πρέπει λοιπόν να αναβαθμιστεί η σημασία αυτής της έκθεσης γιατί απεικονίζει την ζώσα πραγματικότητα της Ευρωπαϊκής Ένωσης.
Ένας δεύτερος άξονας που χρησιμοποιήθηκε για την συγγραφή της έκθεσης υπήρξε η αναζήτηση της τύχης των προτάσεων του Ευρωπαϊκού Κοινοβουλίου από προηγούμενες εκθέσεις. Διάβασα αρκετές προηγούμενες εκθέσεις με ενδιαφέρουσες προτάσεις. Με έκπληξη διαπίστωσα ότι οι περισσότερες δεν είχαν συνέχεια. Το σημαντικότερο όμως δεν είναι αυτό, αλλά το γεγονός ότι δεν υπάρχει καμία εξήγηση στην έκθεση της Επιτροπής γιατί δεν εφαρμόστηκαν. Θα πρέπει λοιπόν να βρεθεί τρόπος ώστε να δίνεται συνέχεια στις προτάσεις αυτές του Κοινοβουλίου.
Τρίτη βασική παρατήρηση είναι ότι, παρά τις βελτιώσεις που διαπιστώνονται με βάση τα σχετικά δεδομένα για την εφαρμογή του κοινοτικού δικαίου, οι βελτιώσεις δεν είναι ευθύγραμμες, αλλά υπάρχουν πισωγυρίσματα και πάντως όχι εντυπωσιακές βελτιώσεις ώστε να εφησυχάζουμε. Η γενική παθολογική εικόνα παραμένει η ίδια. Θα πρέπει λοιπόν να μας απασχολήσει σοβαρά το φαινόμενο αυτό και να στραφούμε ξεχωριστά στους πολλαπλούς λόγους και αιτίες που το αναπαράγουν.
Στη συνέχεια, στον χρόνο που μου απομένει, θα προσπαθήσω να καταλήξω σε ορισμένα γενικά συμπεράσματα. Το βέλτιστο ποσοστό μεταφοράς το έχει η Δανία με μέσο όρο 98%. Όσον αφορά τις διαδικασίες ελέγχου παράβασης, υπενθυμίζουμε ότι το όλο σύστημα ελέγχου στηρίζεται σε 4 φάσεις. Ο αριθμός των προειδοποιητικών επιστολών που είναι η πρώτη φάση είναι σημαντικός. Για τις τρεις χώρες με τον μεγαλύτερο αριθμό, Γαλλία, Ιταλία, Ελλάδα είναι αντιστοίχως 236, 160, 154 και για τις τρεις με τον μικρότερο αριθμό Δανία, Φινλανδία, Σουηδία είναι αντιστοίχως 40, 43 και 46. Ο αριθμός των αιτιολογημένων γνωμών, που αποτελεί τη δεύτερη φάση, είναι αρκετά μικρότερος και δείχνει ότι η διαδικασία αυτή είναι αποτελεσματική για ορισμένα κράτη, έως άκρως αποτελεσματική για άλλα. Πάντως, η σχετική μείωση του χρόνου αποστολής προειδοποιητικών επιστολών και αιτιολογημένων γνωμών αποτελεί ένα θετικό σημείο στην προσπάθεια επιτάχυνσης της διαδικασίας ελέγχου. Ως προς τις προσφυγές στο Δικαστήριο, επιβεβαιώνεται νέα σημαντική μείωση περιπτώσεων μη συμμόρφωσης.
Ως γενικότερα συμπεράσματα, θα πρέπει να πούμε τα εξής: πρώτον, έχουμε μια σταδιακή μείωση από φάση σε φάση σε ποσοστό 35%-40%· δεύτερον, διατήρηση σε όλες τις φάσεις της σειράς των κρατών στην κλίμακα των παραβάσεων· τρίτον, στην τρίτη φάση για ορισμένες χώρες ο αριθμός μη συμμόρφωσης είναι οριακός, ενώ διαπιστώνεται εμμονή από άλλες χώρες· τέταρτον, η αποτελεσματικότητα των διαδικασιών ελέγχου δεν πρέπει να υποβαθμίζει το γεγονός ότι οι διαδικασίες αυτές χρησιμοποιούνται από τα κράτη μέλη ως μέσο καθυστέρησης του χρόνου μεταφοράς, οπότε δημιουργείται de facto νέα μεταβατική περίοδος.
Το γεγονός ότι ορισμένες χώρες με διαφορετικά συστήματα έχουν μονίμως τις χειρότερες αρνητικές επιδόσεις και ορισμένες άλλες χώρες τις καλύτερες θετικές επιδόσεις, σημαίνει ότι οι παραβάσεις συνδέονται κατά βάση με συγκεκριμένη πολιτική βούληση. Έτσι, το πρόβλημα της εφαρμογής του κοινοτικού δικαίου είναι πολιτικό πρόβλημα και όχι νομικό ή τεχνοκρατικό, όπως πιστεύουν πολλοί. Υποκρύπτει σύγκρουση εθνικής κυριαρχίας και ευρωπαϊκής εξουσίας και αποκαλύπτει τον βαθμό ωρίμανσης της ευρωπαϊκής συνείδησης. Τέλος, δεν υπάρχουν εκ μέρους της Επιτροπής αναλύσεις για τις συνθήκες και τους λόγους που διαμορφώνονται τα παραπάνω στατιστικά δεδομένα. Δεν θα ήθελα να καταχραστώ τον χρόνο σας, θα ήθελα να πω όμως δύο λόγια για τις τροπολογίες. Από τις τρεις τροπολογίες που υπεβλήθησαν κάνω δεκτές τις δύο. Την τροπολογία της κ. Thors δεν την κατανοώ και θα παρακαλούσα να γίνουν κάποιες διευκρινίσεις για να γίνει δεκτή.
Pιrez Αlvarez
. (ES) Κύριε Πρόεδρε, κανείς και προπαντός όσοι έχουν νομική κατάρτιση δεν πρέπει να εκπλήσσεται, που ο έλεγχος της εφαρμογής του κοινοτικού δικαίου επανέρχεται στα χέρια της Επιτροπής Νομικών Θεμάτων. Είναι προφανές.
Θα ήθελα καταρχάς να συγχαρώ των κ. Κουκιάδη για την ευγένειά του, και τολμώ να πω επίσης για την ευστοχία του, που συμπεριέλαβε τα συμπεράσματα της Επιτροπής Απασχόλησης και Κοινωνικών Υποθέσεων στην έκθεσή του.
Πήρα τον λόγο ως συντάκτης γνωμοδότησης της Επιτροπής Απασχόλησης και Κοινωνικών Υποθέσεων και αυτό γιατί θα ήθελα να αναρωτηθώ μεγαλοφώνως ενώπιον όλων σας τι είδους Ευρώπη θέλουμε να οικοδομήσουμε.
Το 1996 στο Τορίνο, ο γάλλος Πρόεδρος, κ. Chirac, είχε πει πως αν η Ευρώπη προχωρήσει μόνο προς τον οικονομικό δρόμο, τον εμπορικό δρόμο, θα αποτύχει. Είχε πει πως θα πρέπει να ασχοληθούμε με την κατάσταση των Ευρωπαίων, θα πρέπει να προσπαθήσουμε να τους κερδίσουμε, και ότι αυτό θα ανοίξει τον δρόμο της επιτυχίας.
Τώρα που στην Ισπανία, τη χώρα μου, αρχίζει να προετοιμάζεται η Προεδρία, κάθε μέρα οι αρμόδιες αρχές, ο Πρόεδρος, κ. Aznar, ή οι υπουργοί, μιλούν συνεχώς για τη δημιουργία περισσότερης Ευρώπης. Τι σημαίνει περισσότερη Ευρώπη; Πιθανώς την πραγματοποίηση των όσων περιέχονται στον Χάρτη των Θεμελιωδών Δικαιωμάτων, δηλαδή μια Ευρώπη που νοιάζεται για τους Ευρωπαίους.
Για αυτόν τον λόγο θα πρέπει να δοθεί σπουδαιότητα και σημασία σε αυτήν της έκθεση, της οποίας θα ήθελα να υπογραμμίσω ορισμένα σημεία.
Καταρχάς, θα πρέπει να απασχολεί όλους, την Επιτροπή και το Συμβούλιο, η ενσωμάτωση των οδηγιών, γιατί ακριβώς στον κοινωνικό τομέα υπάρχει πολύ χαμηλό ποσοστό ενσωμάτωσης των οδηγιών σε σχέση με άλλους τομείς ή σε σχέση με τη γενική ενσωμάτωση των οδηγιών.
Δεύτερον, υπάρχουν ορισμένα ιδιαίτερα λεπτά θέματα. Το επάγγελμά μας μάς ακολουθεί πάντα, και εμένα, ως επιθεωρητής εργασίας που είμαι, με απασχολεί πάρα πολύ το γεγονός ότι δεν υπάρχει μεγαλύτερη ταχύτητα στην ενσωμάτωση των οδηγιών που αφορούν την ασφάλεια και την υγεία στην εργασία.
Τρίτον, η ισότητα. Πιστεύω πως πρέπει να ζητήσουμε από την Επιτροπή να ασκήσει μεγαλύτερη πίεση για την επιβολή προστίμων, μεγαλύτερο συντονισμό των κυβερνήσεων των διαφόρων κρατών μελών, για την επίτευξη του μεγαλύτερου αυτού συντονισμού, ούτως ώστε να υλοποιηθούν οι αρχές του Χάρτη των Θεμελιωδών Δικαιωμάτων.
Thors
Κύριε Πρόεδρε, η σημερινή συνεδρίαση είναι κάπως περίεργη. Aφού ολοκληρώσαμε την έκθεση, λάβαμε δύο σημαντικά έγγραφα από την Επιτροπή. Πρόκειται αφενός για τη Λευκή Βίβλο για τις διοικητικές μεταρρυθμίσεις και αφετέρου για την ανακοίνωση σχετικά με την πολιτική ενημέρωσης και επικοινωνίας. Είδα αυτά τα δύο έγγραφα και αισθάνομαι απόλυτη σύγχυση: πώς προτίθεται να μας βοηθήσει η Επιτροπή να επιβλέψουμε την εφαρμογή της κοινοτικής νομοθεσίας και πώς προτίθεται να δώσει προτεραιότητα στα ζητήματα που θίγονται στα έγγραφα αυτά;
Πρώτον, όσον αφορά την πολιτική ενημέρωσης και επικοινωνίας, αναφέρεται στην ανακοίνωση ότι εξετάζεται τη στιγμή αυτή το μέλλον του λεγόμενου συστήματος Eurojust. Αντίθετα από ό,τι αναφέρεται στην ανακοίνωση, στην Επιτροπή νομικών θεμάτων και εσωτερικής αγοράς σημειώσαμε το γεγονός ότι αυτό το δίκτυο εξειδικευμένων νομικών, το οποίο μπορεί να παρέχει συμβουλές στους πολίτες και εργάζεται εντός των αντιπροσωπειών της Επιτροπής στα κράτη μέλη, θεωρείται χρήσιμο από την Επιτροπή. Διαπιστώνουμε τώρα στην ανακοίνωση του Ιουνίου ότι η Επιτροπή εξετάζει την διαμόρφωση του μέλλοντος αυτού του συστήματος και ότι θα αναθέσει ενδεχομένως στις εθνικές διοικήσεις την διαμόρφωση των καθηκόντων αυτών των νομικών.
Αγαπητή Επιτροπή, ποιος πιστεύει πραγματικά ότι μία εθνική διοίκηση θα συνδράμει τον πολίτη προκειμένου να βρει το δίκιο του απέναντι σε αυτήν;
Δεύτερον, μου δημιουργεί σύγχυση το γεγονός ότι στην Λευκή Βίβλο για τις διοικητικές μεταρρυθμίσεις αναφέρεται ότι αναζητάται "ένα δίκτυο παρεμφερών υφισταμένων οργάνων στα κράτη μέλη τα οποία μπορούν να αντιμετωπίζουν διαφορές που αφορούν τους πολίτες και ζητήματα της ΕΕ" , την ίδια στιγμή που αναφέρεται ότι θα πρέπει να ενημερωθούν περισσότερο οι πολίτες για τα δικαιώματα που τους παρέχει το κοινοτικό δίκαιο.
Πώς θεωρεί άραγε η Επιτροπή ότι θα πρέπει να επιβλέψουμε την εφαρμογή του κοινοτικού δικαίου; Πιστεύω ότι θα πρέπει να σκεφτούμε το ζήτημα αυτό στα σοβαρά. Πιστεύω επίσης ότι η Επιτροπή θα μπορούσε να ήταν περισσότερο συγκεκριμένη όσον αφορά αυτό το ζήτημα στη Λευκή Βίβλο.
Gonzαlez Αlvarez
Κύριε Πρόεδρε, με ενδιέφερε να παρέμβω σε αυτήν τη συζήτηση για την εφαρμογή του κοινοτικού δικαίου γιατί, ως μέλος της Επιτροπής Περιβάλλοντος και της Επιτροπής Αναφορών, είμαι ενήμερος σχετικά με τις περιπτώσεις μη εφαρμογής του κοινοτικού δικαίου, κυρίως όσον αφορά την κοινωνία και το περιβάλλον, όπως είπαν οι προηγούμενοι εισηγητές.
Όπως είπε ο ισπανός συνάδελφός μου, είναι αλήθεια ότι στον κοινωνικό τομέα υπάρχει κακή ενσωμάτωση μόνο του 71% των οδηγιών, αλλά είναι επίσης αλήθεια ότι στην Επιτροπή, σε θέματα περιβάλλοντος, δεν υπάρχει μόνο κακή ενσωμάτωση, αλλά και κατάφωρη αθέτηση, που είναι ακόμα χειρότερη: έλλειψη εφαρμογής.
Είναι κάτι που παρατηρούμε κάθε μέρα στην Επιτροπή Αναφορών, γιατί πρόκειται για τον πρώτο τομέα όπου υπάρχουν περιπτώσεις αθέτησης: περίπου 40% των περιπτώσεων αθέτησης του κοινοτικού δικαίου που καταγγέλλουν οι πολίτες στην Επιτροπή Αναφορών αφορούν το περιβάλλον.
Όπως πολύ καλά είπε ο κ. Κουκιάδης στην έκθεσή του, το δικαίωμα αναφοράς αποτελεί την κατεξοχήν αρχή αναγνώρισης των ευρωπαίων πολιτών και για αυτόν το λόγο θα πρέπει να μας απασχολεί αυτή η επαναλαμβανόμενη αθέτηση του κοινοτικού δικαίου στους τομείς της κοινωνίας και του περιβάλλοντος, που έχουν στενή σχέση με τα δικαιώματα αυτών των ευρωπαίων πολιτών. Αν εξετάσουμε κάθε μια από τις αναφορές που λαμβάνουμε στην Επιτροπή Αναφορών - φυσικά εγώ γνωρίζω καλύτερα εκείνες που προέρχονται από τη χώρα μου - θα διαπιστώσουμε το τεράστιο ενδιαφέρον των ευρωπαίων πολιτών για τη συλλογή πληροφοριών και την απόκτηση πολύ καλών γνώσεων για το κοινοτικό δίκαιο, ώστε να μπορούν να καταγγέλλουν εντονότερα τις περιπτώσεις αθέτησής του.
Για αυτόν το λόγο πιστεύουμε πως στην ετήσια έκθεση θα πρέπει να υπάρχει ένα τμήμα αφιερωμένο στις αναφορές, όπως πολύ καλά είπε ο εισηγητής, γιατί ακριβώς σε αυτήν την επιτροπή υπάρχει πραγματική συμβολή για την τήρηση του κοινοτικού δικαίου.
Berniι
Κύριε Πρόεδρε, 1075 προειδοποιήσεις, 470 αιτιολογημένες γνώμες, 178 παραπομπές στο Δικαστήριο, δηλαδή διπλάσιες απ' ότι το 1998. Αυτός ο απολογισμός αναφορικά με την εφαρμογή του κοινοτικού δικαίου το 1999 εκφράζει μία βαθιά δυσφορία.
Πρέπει να αντιμετωπίσουμε τα πράγματα όπως έχουν· η Ευρώπη νομοθετεί πολύ και άσχημα. Φτάνει μάλιστα στο σημείο να νομοθετεί σε περιοχές όπου δεν έχει καμία δικαιοδοσία. Το έκανε το 1979 με την οδηγία περί πτηνών και ακόμα πιο πρόσφατα, χωρίς καμία νομική βάση, στον κανονισμό και τη χρηματοδότηση των ευρωπαϊκών πολιτικών κομμάτων.
Εάν τα κράτη μέλη δυσανασχετούν όταν πρόκειται να μεταφέρουν το κοινοτικό δίκαιο σε εθνικό επίπεδο, εάν οι ένδικες διαφορές πολλαπλασιάζονται, είναι γιατί η ευρωπαϊκή νομοθεσία είναι συχνά περιοριστική, σχολαστική, ακατάλληλη για τις τοπικές πραγματικότητες και απομακρυσμένη από τα προβλήματα των συμπολιτών μας, όταν δεν έρχεται άμεσα σε αντίθεση με τη θέληση ή τις δημοκρατικές τους αρχές. Έτσι, τον περασμένο χρόνο, η γαλλική κυβέρνηση διατράνωνε την αντίθεσή της με την οδηγία περί γονιδιώματος. Η κ. Guigou, Υπουργός Δικαιοσύνης, έκρινε την οδηγία αυτή, σας μεταφέρω τα λόγια της "ασύμβατη με τους γαλλικούς νόμους βιοηθικής, με τον κώδικα βιομηχανικής ιδιοκτησίας και τον αστικό κώδικα που απαγορεύουν την εμπορευματοποίηση του ανθρώπινου σώματος" .
Μπορούμε στο όνομα της Ευρώπης και της ειδικής πλειοψηφίας της, να επιβάλλουμε μία νομοθεσία σε ένα λαό που την αρνείται; Αυτό αποτελεί ερώτημα ουσίας. Μπορούμε να εξομοιώνουμε τα πάντα και να θυσιάζουμε τις διαφορές μας, αυτό τον πραγματικό ευρωπαϊκό πλούτο; Δεν το πιστεύουμε. Επιπλέον, στη δημοκρατία, δεν αποτελεί αρμοδιότητα του Δικαστηρίου να νομοθετεί μέσω της νομολογίας, αλλά αυτό είναι έργο των αιρετών. Ως εκ τούτου, οι ευρωπαίοι βουλευτές, οι μόνοι που εκλέγονται άμεσα από το λαό, δεν διαθέτουν καμία ουσιαστική νομοθετική πρωτοβουλία, μονοπώλιο που κρατά ζηλότυπα η Επιτροπή.
Η Ευρώπη δεν θα διευθετήσει τα προβλήματά της προσπαθώντας με νύχια και με δόντια να επιβάλει κακούς νόμους με πρόστιμα και επιβολή κυρώσεων, όπως θα ήθελε το άρθρο 15. Η επιμονή έχει τα όριά της και όταν ένας νόμος είναι κακός, πρέπει να έχουμε την πνευματική διαύγεια και το θάρρος να τον αλλάξουμε, όπως προτείνουμε στο άρθρο 12.
Θα ήταν καλύτερα λοιπόν να νομοθετούσαμε λιγότερο ώστε να νομοθετούμε ορθότερα, να σεβόμαστε τις εθνικές επιθυμίες και τη δημοκρατία εφαρμόζοντας όσο το δυνατόν περισσότερο την αρχή της επικουρικότητας. Για παράδειγμα, υπάρχει επιτακτική ανάγκη να οριστεί ρύθμιση για τις μεταφορές υδρογονανθράκων, αλλά για άλλη μια φορά, για εμπορικούς λόγους, στέλνεται στις ελληνικές καλένδες.
Αντίθετα με την αιτιολογική σκέψη M, δεν θεωρούμε ότι η αυστηρή εφαρμογή του κοινοτικού δικαίου συμβάλλει στην ανάδυση μιας ευρωπαϊκής ιθαγένειας, την οποία, εξάλλου, δεν επιθυμούμε. Γιατί κατά βάση μας ενδιαφέρουν πολύ ο σεβασμός των ταυτοτήτων, της δημοκρατίας και του δικαιώματος στη διαφορά.
Berthu
Κύριε Πρόεδρε, το κοινοτικό δίκαιο δημιουργεί αυξημένες δυσκολίες εφαρμογής, δεδομένου ότι σύμφωνα με την ίδια την έκθεση της Επιτροπής, ανοίχτηκαν για το εν λόγω ζήτημα 2270 φάκελοι το 1999, έναντι μόνο 124 το 1978. Αυτός ο πολλαπλασιασμός είναι αποτέλεσμα, αφενός, της σταθερής διεύρυνσης του κοινοτικού δικαίου και αφετέρου της αυξημένης αυστηρότητας της Επιτροπής η οποία διαθέτει από τη συνθήκη του Μάαστριχτ και μετά, αποτελεσματικά μέτρα καταστολής, κυρίως χάρις στα άρθρα 226 και 228 ΣΕΚ. Η έκθεση την οποία συζητά σήμερα το Ευρωπαϊκό Κοινοβούλιο υπερθεματίζει προς την κατεύθυνση της καταστολής, δεδομένου ότι δεσμεύει την Επιτροπή να κάνει ακόμα μεγαλύτερη χρήση αυτών των άρθρων, να απειλεί πιο συχνά με ποινές ή οικονομικές κυρώσεις τα κράτη μέλη και ακόμα να προτείνει ένα νέο σύστημα αυτόματων κυρώσεων που θα επιβάλλονται σε αυτούς που δεν μεταφέρουν αρκετά γρήγορα ή αρκετά καλά τις κοινοτικές οδηγίες.
Αλλά γιατί τα κράτη μέλη που φαίνεται να έχουν κάνει δεκτές τις οδηγίες στο Συμβούλιο στη συνέχεια δυσανασχετούν όταν πρόκειται να τις εφαρμόσουν; Αυτό είναι το μεγάλο ερώτημα όλων. Από μέρους μου, έχω να δώσω τρεις συμπληρωματικές απαντήσεις. Πρώτον, πρόκειται για ένα αποτέλεσμα της στρεβλής διεύρυνσης της ειδικής ψηφοφορίας η οποία διατηρεί τα θεσμικά όργανα σε κάτι που θα ονόμαζα ρυθμιστική ψευδαίσθηση. Πιστεύουμε ότι επειδή ψηφίσαμε κατά πλειοψηφία στο τραπέζι του Συμβουλίου, όλα έχουν ρυθμιστεί. Αλλά στην πραγματικότητα, εάν οι μειοψηφούντες είχαν εύλογες αντιρρήσεις και εάν η εφαρμογή δεν ακολουθεί στην πράξη, τίποτα δεν έχει λυθεί. Και για να ανεβάσουμε πάλι τον πήχη, ρίχνουμε την Ευρώπη στο φαύλο κύκλο της καταστολής, την οποία θα είχαμε εξαρχής αποφύγει με μεγαλύτερη συναίνεση.
Δεύτερο αίτιο μη εφαρμογής: η ακαταλληλότητα ορισμένων μερών του κοινοτικού δικαίου, όπως η οδηγία σχετικά με το κυνήγι των άγριων πτηνών το 1979, που έγινε ακόμα αυστηρότερη από το Δικαστήριο, και μάλιστα πίσω από την πλάτη του Συμβουλίου. Σε μία περίπτωση όπως αυτή μιας οδηγίας, που σημειώστε το, έγινε δεκτή κατ' ομοφωνία, αυτό που μας λείπει, είναι η δυνατότητα αυτόματης αναθεώρησης μετά από δέκα χρόνια, κατόπιν αιτήσεως ενός μόνο κράτους μέλους.
Τέλος, τρίτο αίτιο μη εφαρμογής: ορισμένες οδηγίες δεν έχουν μεταφερθεί ή έχουν μεταφερθεί λανθασμένα, επειδή οι κυβερνητικοί εκπρόσωποι που συμμετέχουν στο Συμβούλιο θέλησαν να εξασφαλίσουν εύσημα καλής ευρωπαϊκής συμπεριφοράς, κλείνοντας τα μάτια στις μελλοντικές δυσκολίες, που ωστόσο γνώριζαν ότι θα είναι αναπόφευκτες. Αυτό συνέβη για παράδειγμα στη Γαλλία με την οδηγία 98/44 για την κατοχύρωση έμβιων οργανισμών με δίπλωμα ευρεσιτεχνίας, που φαίνεται σήμερα να μην μπορεί να μεταφερθεί γιατί έρχεται σε αντίθεση με πολλά βασικά σημεία του δικαίου μας. Πρόκειται δυστυχώς για μία συνηθισμένη συμπεριφορά των Γάλλων ιθυνόντων, μέχρι τα υψηλότερα κλιμάκια του Κράτους μας. Σήμερα, δεχόμαστε να υπογράψουμε τον ένα ή τον άλλο ευρωπαϊκό νόμο, γιατί δεν τολμάμε να εγείρουμε αντιρρήσεις, και αύριο βλέπουμε τι θα κάνουμε για την εφαρμογή του. Αυτό συνέβη και στην περίπτωση της Συνθήκης της Νίκαιας, και η Γαλλία θα το πληρώσει ακριβά.
Wallis
Κύριε Πρόεδρε, θα πρέπει να συγχαρούμε τον εισηγητή για την ευρεία και σημαντική έκθεσή του και για το γεγονός ότι εντόπισε σωστά τα προβλήματα της μεταφοράς στο εθνικό δίκαιο και της εφαρμογής του κοινοτικού δικαίου, κυρίως όσον αφορά τις οδηγίες. Ωστόσο, ίσως να μην έχουμε δει τίποτα ακόμα, επειδή εισερχόμαστε σε μια εποχή νέας νομοθεσίας - την εποχή της από κοινού ρύθμισης. Στο μέλλον θα συμπεριληφθεί αυτή η έννοια στο κοινοτικό δίκαιο, την εφαρμογή και την ομοιογένεια του οποίου θα πρέπει να επιζητούμε;
Στη Λευκή Βίβλο σχετικά με την διακυβέρνηση, η Επιτροπή αναφέρει ότι η από κοινού ρύθμιση δεν θα είναι κατάλληλη εκεί όπου οι κανόνες πρέπει να εφαρμόζονται με ομοιόμορφο τρόπο. Δεν θα είναι κατάλληλη ούτε στην περίπτωση που τίθενται σε αμφισβήτηση τα θεμελιώδη δικαιώματα ή οι πολιτικές επιλογές. Ωστόσο, στη διάρκεια του τρέχοντος έτους, έπρεπε να εκπονήσουμε την έκθεση ιδίας πρωτοβουλίας του Κοινοβουλίου σχετικά με το ευρωπαϊκό εξωδικαστικό δίκτυο, ένα εναλλακτικό ευρωπαϊκό δίκτυο επίλυσης των διαφορών, που σύστησε η Επιτροπή χρησιμοποιώντας μια προσέγγιση από κοινού ρύθμισης. Ωστόσο, τι θα μπορούσε να είναι πιο θεμελιώδες από την πρόσβαση των πολιτών μας στη δικαιοσύνη ή από τον τρόπο με τον οποίο εφαρμόζεται η νομοθεσία και απονέμεται δικαιοσύνη; Θα παρακολουθούμε όλους τους διαιτητές και ρυθμιστές προκειμένου να διασφαλίσουμε ότι το κοινοτικό δίκαιο εφαρμόζεται σωστά; Αρκετά προβλήματα έχουμε επί του παρόντος με τα κανονικά δικαστήρια.
Αυτά τα θέματα πρέπει να τα έχουμε υπόψη. Είναι θεμελιώδη για τους πολίτες μας, καθώς και για τα δικαιώματα αυτού του Κοινοβουλίου που συμμετέχει στις νομοθετικές διαδικασίες, για να μην αναφερθώ στον πιθανό κατακερματισμό των επιτευγμάτων της εσωτερικής αγοράς σε περίπτωση που το Κοινοβούλιο δεν παρακολουθήσει αυτά τα θέματα με μεγάλη προσοχή.
Krarup
Κύριε Πρόεδρε, η εφαρμογή του κοινοτικού δικαίου αποτελεί όπως ειπώθηκε τίποτα λιγότερο από το αποφασιστικότερο σημείο καμπής της Ευρωπαϊκής Ένωσης. Η Ένωση ή θα δυναμώσει ή θα καταστραφεί μέσα από τη δημιουργία μιας κοινής αποτελεσματικής έννομης τάξης. Το κοινοτικό δίκαιο, το κοινοτικό κεκτημένο, η ευρωπαϊκή ενότητα βασίζονται στο ευρωπαϊκό δίκαιο. Το πρόβλημα ωστόσο, όπως καθίσταται πρόδηλο με μεγάλη σαφήνεια στην έκθεση της Επιτροπής όπως και στις προηγούμενες εκθέσεις και στην ανά χείρας έκθεση, είναι ότι δεν υπάρχει κάποιο ευρωπαϊκό δίκαιο, όπως άλλωστε δεν υπάρχει κάποιος ευρωπαϊκός λαός. Υπάρχουν βαθύτατες διαφορές μεταξύ των διάφορων έννομων τάξεων. Ο common law που κυριαρχείται από το ρωμαϊκό δίκαιο και οι σκανδιναβικές νομικές παραδόσεις διαφέρουν σε αδιανόητο βαθμό σε πολλά μέγιστης σημασίας σημεία. Δεν γίνεται να πάρουμε μια έννομη τάξη και να τη μεταφυτέψουμε κάπου αλλού σαν λουλούδια σε άλλη γλάστρα. Υπάρχουν κάποιες δομικές διαφορές, πολιτισμικές διαφορές θα μπορούσε κανείς να πει, οι οποίες φαίνονται ξεκάθαρα και στην παρούσα έκθεση.
Μια άκρως αξιοπρόσεκτη γνωμοδότηση βρίσκουμε στο σημείο Δ. Το Ευρωπαϊκό Κοινοβούλιο λαμβάνει υπόψη ότι ένας από τους λόγους κακής εφαρμογής του κοινοτικού δικαίου είναι η αδυναμία "σωστής κατανόησης του παραγώγου κοινοτικού δικαίου" . Στην αρχή πίστεψα ότι επρόκειτο για μεταφραστικό σφάλμα, παρ' ότι πρέπει να έχουμε σε υπόληψη τις μεταφραστικές υπηρεσίες, όμως η ίδια διατύπωση υπάρχει και σε άλλες γλώσσες: "l'impossibilitι d'une comprιhension correcte», «inability correctly to understand" κοκ. Με άλλα λόγια είναι αδύνατο να επιτευχθεί μια σωστή εφαρμογή του παραγώγου κοινοτικού δικαίου. Ενδιαφέρουσα αναγνώριση. Παρόλα αυτά, θα μπορούσε κανείς να φανταστεί ότι η συνέπεια θα ήταν, όπως ανέφεραν προηγουμένως και άλλοι ομιλητές, η ολοκλήρωση των υπερεθνικών ρυθμίσεων να έχει προχωρήσει υπερβολικά, αλλά δεν είναι αυτό το συμπέρασμα. Το συμπέρασμα, όπως βλέπουμε στη σελίδα 11 της έκθεσης διατυπωμένο με σχεδόν στρατιωτική ορολογία, είναι ότι πρέπει να εγκαθιδρύσουμε ένα σύστημα που θα έχει ως αποτέλεσμα την "εξουδετέρωση των εθνικών αντιστάσεων" . Σε περίπτωση ασυμφωνίας μεταξύ του κοινοτικού δικαίου και του εθνικού δικαίου ο σεβασμός προς τις εθνικές νομικές παραδόσεις υποβιβάζεται και αυτό ίσως εξηγεί γιατί όχι μόνο στη Δανία αλλά και στην Ιρλανδία και σε πολλά άλλα μέρη υπάρχει μια συνεχώς διογκούμενη αντίσταση σε αυτό το σύστημα.
Kinnock
. (ΕΝ) Η έκθεση σχετικά με τον έλεγχο της εφαρμογής του κοινοτικού δικαίου που εξετάζει σήμερα το Σώμα είναι η δέκατη έβδομη έκθεση που συντάσσεται ως απάντηση στο αίτημα που υπέβαλε αρχικά το Σώμα σε ένα ψήφισμα του 1983. Όπως γνωρίζει το Σώμα, οι εν λόγω εκθέσεις προβαίνουν σε μια ετήσια καταγραφή του έργου της Επιτροπής όσον αφορά την εκτέλεση μίας από τις πλέον ζωτικές πτυχές του ρόλου της ως θεματοφύλακα των Συνθηκών, δηλαδή τη δράση που αναλαμβάνει ενάντια στις παραβάσεις βάσει του άρθρου 226 της Συνθήκης. Πολύ σωστά, προφανώς, το Σώμα ελέγχει εξονυχιστικά αυτές τις δραστηριότητες. Η Επιτροπή είναι ικανοποιημένη από το γεγονός ότι το Κοινοβούλιο επιφύλαξε θερμή υποδοχή στην τελευταία αυτή έκθεση και είναι επίσης ευγνώμων προς τον κ. Κουκιάδη και τους συναδέλφους του για το έργο τους.
Κάθε χρόνο, καθεμία από τις δύο περιοδικές εκθέσεις σχετικά με τις πιθανές παραβάσεις, που συντάσσονται προτού κινηθούν διαδικασίες επί παραβάσει, και καθεμία από τις δύο εκθέσεις σχετικά με τις διαπιστωθείσες παραβάσεις, που συντάσσονται αφού αποσταλεί προειδοποιητική επιστολή στο ενδιαφερόμενο κράτος μέλος, καλύπτουν περίπου 2 000 υποθέσεις που ερευνά η Επιτροπή. Στο μεγαλύτερο μέρος τους πρόκειται για μεμονωμένες υποθέσεις εσφαλμένης εφαρμογής του κοινοτικού δικαίου από τις αρχές των κρατών μελών. Προφανώς, η διεκπεραίωση ενός τέτοιου φόρτου υποθέσεων είναι δυνατή μόνο με μια διαδικασία που συνδυάζει τα πλεονεκτήματα της μεμονωμένης εξέτασης των υποθέσεων, της γρήγορης επεξεργασίας και της τήρησης της αρχής του πνεύματος συνεργασίας που ισχύει στην Επιτροπή. Η ανάπτυξη ενός αποτελεσματικού συστήματος μηχανοργάνωσης είναι επίσης απαραίτητη για την επίτευξη αυτού του στόχου. Γι' αυτό το λόγο, έχει συσταθεί μια ενιαία βάση δεδομένων διαχείρισης, η οποία περιλαμβάνει όλες τις δικογραφίες που αφορούν τις διαδικασίες επί παραβάσει τις οποίες έχει κινήσει η Επιτροπή, καθώς και τα στοιχεία που αφορούν τη μεταφορά των οδηγιών στο εθνικό δίκαιο των κρατών μελών.
Ένα από τα οφέλη του εν λόγω συστήματος είναι ότι δίνει στην Επιτροπή τη δυνατότητα να αναλάβει συστηματική δράση ενάντια στα κράτη μέλη που δεν έχουν εγκρίνει εθνικά μέτρα για την εφαρμογή των οδηγιών προτού εκπνεύσει η προθεσμία που προβλέπεται για τη μεταφορά τους στο εθνικό δίκαιο. Όπως θα γνωρίζει το Σώμα, τούτο δεν συνιστά ψύχωση με την ομοιογένεια για γραφειοκρατικούς λόγους. Είναι απαραίτητο για λόγους ισότητας σε ολόκληρη την Ένωση.
Η ανάπτυξη ενός αποτελεσματικού συστήματος μηχανοργάνωσης θα επιτρέψει επίσης να δίδονται περισσότερες λεπτομέρειες στους πολίτες όσον αφορά τη δράση που αναλαμβάνει η Επιτροπή στο πλαίσιο της παρακολούθησης της εφαρμογής του κοινοτικού δικαίου κάθε φορά που λαμβάνεται απόφαση για την έκδοση αιτιολογημένης γνώμης ή για την παραπομπή μιας υπόθεσης στη δικαιοσύνη. Η Επιτροπή συνεχίζει την πολιτική της άμεσης έκδοσης ανακοινώσεων Τύπου, την οποία καθιερώσαμε για πρώτη φορά το 1998, και, επιπλέον, από τον Ιανουάριο του τρέχοντος έτους, οι αποφάσεις περί αποστολής προειδοποιητικής επιστολής για μια παράβαση, περί έκδοσης αιτιολογημένης γνώμης, περί παραπομπής μιας υπόθεσης στη δικαιοσύνη ή περί κλεισίματος μιας υπόθεσης, δημοσιεύονται επίσης στον εξυπηρετητή Europa των Ευρωπαϊκών Κοινοτήτων, αμέσως μόλις εγκριθούν από την Επιτροπή.
Η ισότιμη πίεση που ασκείται από αυτήν τη μεγαλύτερη διαφάνεια των αποφάσεων που αφορούν παραβάσεις των κρατών μελών μπορεί επίσης να συμβάλει στην προώθηση της ταχύτερης συμμόρφωσης των κρατών μελών, καθώς πλέον όλα πληροφορούνται άμεσα τις αποφάσεις που λαμβάνονται ενάντια στο καθένα από αυτά. Η μεγαλύτερη διαφάνεια μπορεί επίσης να θεωρηθεί ως εγγύηση της δίκαιης εξέτασης των καταγγελιών.
Το Σώμα θα πρέπει να γνωρίζει ότι, εφόσον η Επιτροπή βρίσκεται σε πλεονεκτική θέση όσον αφορά την έναρξη των διαδικασιών επί παραβάσει, έχει επομένως μια μοναδική ικανότητα να διασφαλίζει τα συμφέροντα των εναγόντων. Οι εγγυήσεις που παρέχει η Επιτροπή έχουν βελτιωθεί με το πέρασμα του χρόνου και σήμερα αντιστοιχούν σε διαδικαστικές διευθετήσεις, οι οποίες διασφαλίζουν την καταχώριση της καταγγελίας, την αυστηρή εμπιστευτικότητα και την ενημέρωση προς τους ενάγοντες, οι οποίοι μπορούν να γνωστοποιήσουν τις απόψεις τους προτού ληφθεί οποιαδήποτε απόφαση για κλείσιμο της υπόθεσης. Είμαστε αποφασισμένοι να διασφαλίσουμε τη μέγιστη δυνατή ισχύ και αξιοπιστία των σημαντικών αυτών διαδικασιών.
Με την απάντηση που έδωσε στον Διαμεσολαβητή σχετικά με τους χειρισμούς στην υπόθεση της παράβασης που αφορά την ανάθεση της σύμβασης κατασκευής του μετρό στη Θεσσαλονίκη, η Επιτροπή δεσμεύθηκε να προβεί στην ενοποίηση των διοικητικών κανόνων για τους ενάγοντες προκειμένου να διευκολύνει τις συμβάσεις μεταξύ των εναγόντων και των υπηρεσιών της Επιτροπής. Το Κοινοβούλιο θα ενημερωθεί για την εν λόγω ενοποίηση ευθύς μόλις ολοκληρωθεί.
Η έκθεση που εγκρίθηκε από την Επιτροπή Νομικών Θεμάτων και Εσωτερικής Αγοράς - που αποτελεί τη βάση της πρότασης ψηφίσματος που συζητεί σήμερα το Σώμα - περιέχει αρκετές νέες προτάσεις και συστάσεις. Για λόγους συντομίας, ελπίζω ότι το Σώμα θα μου επιτρέψει να ασχοληθώ μόνο με τα βασικότερα.
Καταρχάς θα ήθελα να πω ότι η Επιτροπή δεν συμφωνεί με τα συμπεράσματα της έκθεσης ότι ο αυξανόμενος όγκος των παραβάσεων που εξετάζουν οι υπηρεσίες της Επιτροπής, ειδικότερα βάση καταγγελιών, αντικατοπτρίζει την επιδείνωση της εφαρμογής του κοινοτικού δικαίου.
Οι κύριοι λόγοι γι' αυτό είναι οι εξής. Καταρχάς, ο συνολικός όγκος των καταγγελιών και των υποθέσεων που είναι αντικείμενο εξέτασης είναι ουσιαστικά σταθερός. Ο αριθμός των καταχωρισμένων εναγόντων έχει μάλιστα σημειώσει ελαφρά μείωση το 2000. Δεύτερον, θα πρέπει να ληφθούν υπόψη οι διαδοχικές διευρύνσεις της Κοινότητας και η επέκταση του κοινοτικού δικαίου, ιδίως σε σχέση με τις ευρύτερες εξουσίες της Κοινότητας και με την αυξανόμενη συνειδητοποίηση της κοινοτικής νομοθεσίας από τους πολίτες και από τις επιχειρήσεις. Όλοι αυτοί είναι παράγοντες που επηρεάζουν τον αριθμό των παραβάσεων που εξετάζει η Επιτροπή και, βάσει αυτού, η αύξηση του απόλυτου αριθμού των εξεταζόμενων υποθέσεων είναι μια θετική εξέλιξη παρά κάτι που θα έπρεπε να μας ανησυχεί. Όπως αναφέρει ο κ. Κουκιάδης στην έκθεσή του, είναι σημαντικό να καταβληθεί κάθε προσπάθεια προκειμένου να φθάσουμε στη ρίζα των παραβάσεων και να εξεύρουμε τρόπους μείωσης του αριθμού τους, χωρίς να βασιζόμαστε αποκλειστικά στην τυπική διαδικασία επί παραβάσει.
Όσον αφορά την ερμηνεία των στατιστικών στην ετήσια έκθεση, το πεδίο ερμηνείας των στοιχείων εξακολουθεί να είναι περιορισμένο λόγω των πολλών αιτίων των παραβάσεων, λόγω της μεγάλης εξάρτησης της Επιτροπής από τις καταγγελίες και λόγω της πολιτικής διάστασης του έργου που οφείλεται στο γεγονός ότι οι διαδικασίες είναι στη διακριτική ευχέρεια της Επιτροπής. Η Επιτροπή είναι σε θέση να καθορίσει τη σειρά προτεραιότητας των διαδικασιών, έχοντας ως βάση αναφοράς, πρώτον, την υπολογιζόμενη ζημία προς την έννομη τάξη της Κοινότητας, δεύτερον, την υπολογιζόμενη ζημία προς το συμφέρον που προστατεύει ο παραβιασθείς νόμος, τρίτον, τον επαναλαμβανόμενο χαρακτήρα ορισμένων παραβάσεων που είναι αντικείμενο μεμονωμένων ή συλλογικών καταγγελιών και, τέταρτον, τη βλάβη που υφίστανται τα οικονομικά συμφέροντα της Κοινότητας. Επιπλέον, τα γεγονότα της επικαιρότητας σε οποιοδήποτε δεδομένο τομέα του κοινοτικού δικαίου μπορούν επίσης να προκαλέσουν αύξηση των καταγγελιών προς την Επιτροπή και να οδηγήσουν σε κλιμάκωση της δράσης της Επιτροπής προκειμένου να ανταποκριθεί στις ανάγκες της πολιτικής ατζέντας. Ένα καλό παράδειγμα ήταν τα διάφορα στάδια της ολοκλήρωσης της ενιαίας αγοράς. Ένα άλλο παράδειγμα είναι η αυξανόμενη συνειδητοποίηση της πιθανότητας παραβίασης ενός περιβαλλοντικού νόμου. Βεβαίως, όλα αυτά τα επιχειρήματα αναφέρονται με ιδιαίτερη σαφήνεια στη Λευκή Βίβλο, η οποία, όπως μας υπενθύμισαν ορισμένοι βουλευτές, πρόκειται να συζητηθεί αύριο στο Σώμα. Πρέπει να έχουμε κατά νου ότι τα εθνικά δικαστήρια είναι οι πρώτοι θεματοφύλακες της έννομης τάξης της Κοινότητας και ότι, συνεπώς, η Επιτροπή ασχολείται με ένα σχετικά μικρό ποσοστό των παραβιάσεων της κοινοτικής νομοθεσίας.
Επίσης, εφόσον η εν λόγω νομοθεσία αποτελείται κατά μεγάλο μέρος από οδηγίες που πρέπει να μεταφερθούν στα εθνικά νομικά συστήματα των κρατών μελών, όταν το νομικό μέσο μεταφερθεί, θα πρέπει να αναγνωριστεί ότι ανήκει στο εθνικό δίκαιο και η οποιαδήποτε παράβαση πρέπει να αντιμετωπίζεται από τα εθνικά δικαστήρια. Γνωρίζω ότι το Σώμα κατανοεί αυτό το γεγονός, αλλά το επεξηγώ για τα πρακτικά ελπίζοντας να γίνει ενδεχομένως σιγά σιγά κατανοητό από τον Τύπο στα κράτη μέλη, ίσως και από τους πολίτες, οι οποίοι πείθονται καθημερινά από τις εφημερίδες ότι στην Ευρωπαϊκή Ένωση λαμβάνει χώρα μια μεγάλη συγκεντρωτική επιχείρηση, ενώ ουσιαστικά συμβαίνει το αντίθετο.
Η έκθεση της Επιτροπής Νομικών Θεμάτων και Εσωτερικής Αγοράς αναφέρεται στην ανάγκη συντόμευσης του χρόνου εξέτασης των καταγγελιών. Φυσικά, συμφωνούμε με αυτό το στόχο και, ως εκ τούτου, έχουμε επαφές με τα σχετικά κράτη μέλη με σκοπό την εξασφάλιση της ταχύτερης συμμόρφωσης με το κοινοτικό δίκαιο και τη μείωση του χρόνου διεκπεραίωσης των υποθέσεων από τα ίδια τα κράτη μέλη, ιδίως με τη μεγαλύτερη χρήση του συστήματος μηχανοργάνωσης. Όπως είπα ήδη, προς όφελος της μεγαλύτερης διαφάνειας, η Επιτροπή δημοσιεύει πλέον τις αποφάσεις της για την αποστολή επίσημων προειδοποιητικών επιστολών, για την έκδοση αιτιολογημένων γνωμών, για παραπομπή υποθέσεων στο δικαστήριο ή για το κλείσιμο ή την απόσυρση υποθέσεων, αμέσως μετά τη λήψη τους.
Θα ήθελα επίσης να τονίσω, ειδικά προς απάντηση στην ανησυχία του Κοινοβουλίου, ότι η 18η ετήσια έκθεση που αφορά το έτος 2000, θα περιέχει ένα ειδικό τμήμα σχετικά με τη διαχείριση των περιπτώσεων εξαίρεσης από την εναρμόνιση, που ισχύουν για τα κράτη μέλη σύμφωνα με το άρθρο 95 της Συνθήκης.
Η Επιτροπή σημειώνει επίσης την ανησυχία του Κοινοβουλίου σχετικά με την ανάγκη βελτίωσης της συνεργασίας μεταξύ της Επιτροπής και των εθνικών αρχών που είναι αρμόδιες για την εφαρμογή του παράγωγου δικαίου. Όπως γνωρίζετε, υπάρχουν τακτικές επαφές μεταξύ των υπηρεσιών της Επιτροπής σχετικά με συγκεκριμένα προβλήματα στην εφαρμογή του κοινοτικού δικαίου μέσω συνεδριάσεων-πακέτων και των λεγόμενων αποστολών οδηγιών. Ωστόσο, η Επιτροπή εξετάζει επίσης τρόπους για τη βελτίωση της διαδικασίας κοινοποίησης των εθνικών μέτρων εκτέλεσης ως επέκταση του προγράμματος IDA για την ανταλλαγή δεδομένων μεταξύ δημόσιων διοικήσεων. Αυτό το έργο αφορά τη διαδικτύωση των κοινοτικών και των εθνικών νομικών βάσεων δεδομένων που καλύπτουν τις οδηγίες και τα εθνικά μέτρα εκτέλεσης, ενώ επίσης θα διευκολύνει την πρόσβαση του κοινού στο κοινοτικό δίκαιο και θα βοηθήσει την εκπαίδευση των δικηγόρων στο κοινοτικό δίκαιο. Το δίκτυο θα παρέχει επίσης άμεση πρόσβαση στις εκθέσεις που εκπονούν ειδικές εθνικές αρχές με θέμα την εγχώρια εφαρμογή του κοινοτικού δικαίου.
Εν κατακλείδι, η δράση της Επιτροπής σχετικά με την παρακολούθηση του κοινοτικού δικαίου είναι κρίσιμη για την εκπλήρωση της σημαντικής αποστολής που έχουμε να διαφυλάξουμε την έννομη τάξη της Κοινότητας, με δίκαιο, αποφασιστικό και συνεπή τρόπο, εξασφαλίζοντας την κατανόηση της κοινής γνώμης. Το ενεργό ενδιαφέρον του Σώματος γι' αυτές τις δραστηριότητες είναι πολύτιμο και, συνεπώς, του είμαστε ευγνώμονες για τη συνεχή υποστήριξη και κατανόηση που δείχνει.
Πρόεδρος
Ευχαριστώ πολύ, Επίτροπε κύριε Neil Kinnock.
Η συζήτηση έληξε.
Η ψηφοφορία θα διεξαχθεί αύριο, στις 12.30.
Μεταρρύθμιση της Επιτροπής
Πρόεδρος
Η ημερήσια διάταξη προβλέπει την προφορική ερώτηση (B50330/2001) των κκ Harbour και GuyQuint, εξ ονόματος της Επιτροπής Νομικών Θεμάτων και Εσωτερικής Αγοράς και της Επιτροπής Προϋπολογισμών, προς την Επιτροπή, σχετικά με τη μεταρρύθμιση της Επιτροπής.
Harbour
Κύριε Πρόεδρε, εξ ονόματος όλων των συναδέλφων μου θα ήθελα να χαιρετίσω ιδιαίτερα την παρουσία του κ. Kinnock που βρίσκεται εδώ για να συζητήσουμε τις μεταρρυθμίσεις. Θα ήθελα να του πω ότι το μεγάλο χρονικό διάστημα που πέρασε μέχρι να εγγραφεί στην ημερήσια διάταξη το εν λόγω θέμα, δεν οφείλεται στην έλλειψη προσπαθειών από πλευράς μας. Μας απογοήτευσε ιδιαίτερα το γεγονός ότι δεν καταφέραμε να πείσουμε το Προεδρείο να δώσει μεγαλύτερη σημασία στην εν λόγω συζήτηση. Ωστόσο, απόψε θα επανορθώσουμε γι' αυτό και χαιρόμαστε για την παρουσία σας εδώ.
Είναι προφανές ότι οι μεταρρυθμίσεις - και γνωρίζω ότι θα είστε σε θέση να μας πείτε περισσότερα γι' αυτές σε λίγο - βρίσκονται σε κρίσιμο στάδιο. Γνωρίζουμε ότι έχετε εντατικές διαβουλεύσεις. Κατά κάποιο τρόπο, αυτή η κατάσταση δημιουργεί ένα δίλημμα στο Κοινοβούλιο. Κρίνοντας από την υποστήριξη που έλαβε η έκθεσή μου το προηγούμενο έτος, θα καταλαβαίνετε ότι οι συνάδελφοι έχουν αποκτήσει ένα έντονο και βαθύ ενδιαφέρον για το συνολικό πακέτο των μεταρρυθμίσεων, για τις οποίες σας έχουμε υποστηρίξει σθεναρά. Πράγματι, έχουμε συνειδητοποιήσει πολύ καλά το γεγονός ότι οι εν λόγω μεταρρυθμίσεις πρέπει να εφαρμοστούν το συντομότερο δυνατό, έτσι ώστε να μην απογοητευθεί το προσωπικό, αλλά να μπορέσει να δει τις αλλαγές που βρίσκονται στον ορίζοντα και τις νέες μεθόδους εργασίας που θα ισχύσουν. Έχουμε διατυπώσει ορισμένες υποδείξεις που αντικατοπτρίζονται απόψε στην προφορική ερώτηση.
Δεν επιθυμούμε να διαταράξουμε αυτήν τη διαδικασία. Από την άλλη πλευρά, όταν μας διαβιβάζετε τα στοιχεία του κανονισμού υπηρεσιακής κατάστασης των υπαλλήλων, οφείλουμε ως νομοθέτες να εξασφαλίσουμε ότι οι εν λόγω αλλαγές στον κανονισμό θα αποβούν προς όφελος της χρηστής διαχείρισης και όχι σε βάρος της. Όπως αναφέρεται στην έκθεσή μας, αποδείξατε με πειστικότητα ότι σε πολλές περιπτώσεις ο ισχύων κανονισμός υπηρεσιακής κατάστασης είναι ανεπαρκής ως προς αυτήν την πλευρά.
Η ερώτηση που έχουμε υποβάλει απόψε αφορά ένα θέμα που θεωρούμε - και ελπίζω ότι θα συμφωνήσετε με την άποψή μας - ότι αποτελεί το επίκεντρο των μεταρρυθμίσεων που σχεδιάζετε. Το αποτέλεσμα θα πρέπει να είναι μια οργάνωση στην οποία οι προαγωγές θα γίνονται αξιοκρατικά, μια οργάνωση στην οποία όλα τα μέλη του προσωπικού της Επιτροπής θα γνωρίζουν ότι έχουν σαφείς στόχους, θα γνωρίζουν ποιοι είναι αυτοί οι στόχοι, θα γνωρίζουν ότι εάν επιτύχουν ή ξεπεράσουν αυτούς τους στόχους η απόδοσή τους θα αναγνωριστεί πλήρως. Θα πρέπει να γνωρίζουν ότι εργάζονται σε μια οργάνωση όπου η αξιολόγηση της απόδοσής τους δεν είναι μια γραφειοκρατική διαδικασία που εκτελείται ανά διετία και η οποία καταχωρίζεται σε ένα αρχείο και δεν γίνεται πλέον ξανά λόγος γι' αυτήν, αλλά ότι η διαδικασία αξιολόγησης είναι μέρος της συνολικής ποιότητας της διαχείρισης και των διαδικασιών εξασφάλισης ποιότητας στο πλαίσιο της Επιτροπής, μέρος της προσπάθειας να δοθεί σε όλα τα μέλη του προσωπικού η εντύπωση ότι αποτελεί μέρος της προσωπικής τους ανέλιξης. Αντικείμενό της είναι να θέτει στόχους για το προσωπικό, να αναγνωρίζει την ανάγκη της κατάρτισης για την ανάπτυξη και την προαγωγή και να εντοπίζει τις ενέργειες στις οποίες πρέπει να προβούν οι υπάλληλοι προκειμένου να συνεισφέρουν στην προσωπική τους ανέλιξη αλλά και στην εξέλιξη της οργάνωσης συνολικά.
Αυτό το θέμα της αξιολόγησης σχετίζεται στενότατα με μια πτυχή των μεταρρυθμίσεων για την οποία γνωρίζουμε ότι έχετε έντονες συζητήσεις αυτόν τον καιρό. Ελπίζω να μην σας πειράζει να αναφέρω το σημείο αυτό απόψε, παρότι δεν αποτελεί μέρος της ερώτησής μας. Πρόκειται για το θέμα της δομής της επαγγελματικής σταδιοδρομίας και των προτάσεών σας περί μετάβασης σε μια πιο γραμμική δομή σταδιοδρομίας. Είναι σαφές ότι η αξιολόγηση και η δομή της σταδιοδρομίας συνδέονται άρρηκτα μεταξύ τους. Το επιχείρημά μου είναι - μάλιστα αναφέρεται στην έκθεσή μου και υποστηρίζεται από τους συναδέλφους - ότι εάν το σύστημα αξιολόγησης και εξέλιξης λειτουργεί σωστά, δεν υπάρχουν εμπόδια στην επίτευξη της γραμμικής δομής της σταδιοδρομίας - και αυτό είναι το επίκεντρο των προσπαθειών σας. Δεν θα έπρεπε να υπάρχει λόγος να δημιουργηθούν τεχνητοί φραγμοί ενάντια στην πρόοδο των υπαλλήλων εντός μιας οργάνωσης. Εάν υπάρχει ανάγκη για απόκτηση συγκεκριμένων προσόντων ή για κατάρτιση προκειμένου να μεταβεί κανείς στην επόμενη θέση εργασίας, αυτό θα το ορίσει η διαδικασία εξέλιξης. Συνεπώς λοιπόν, ένα σωστά σχεδιασμένο και αποτελεσματικό σύστημα αξιολόγησης, σχετικά με το οποίο σας ερωτούμε διάφορα στα πλαίσια της ερώτησης που έχουμε καταθέσει, σχετίζεται επίσης πολύ στενά με αυτήν την κίνηση, και μάλιστα αποτελεί τα ίδια τα θεμέλια μιας γραμμικής δομής της σταδιοδρομίας.
Η συνάδελφός μου, κ. Guy-Quint, πρόκειται να καλύψει όλα τα αναλυτικά δημοσιονομικά ζητήματα με τη σημαντική εμπειρία που διαθέτει σ' αυτό το θέμα. Εγώ θα ήθελα απλώς να αναφερθώ σε δύο τελευταία στοιχεία των ερωτήσεών μας και να τα τοποθετήσω στο κατάλληλο πλαίσιο. Το πρώτο αφορά ένα θέμα για το οποίο σας έχουμε υποβάλει συγκεκριμένο ερώτημα ως πτυχή μιας σύγχρονης δημόσιας οργάνωσης: μια πολιτική για καταγγελία δυσλειτουργιών - και η αγγλική ορολογία γίνεται πλέον ευρέως αποδεκτή ως ένας πολύ καλός τρόπος ορισμού μιας πολιτικής όπου οι υπάλληλοι έχουν την πίστη και τη βεβαιότητα ότι, εάν ανακαλύψουν ατασθαλίες, μπορούν να τις αναφέρουν χωρίς το φόβο αντεγκλήσεων ή επιπτώσεων για τη σταδιοδρομία τους. Το δεύτερο θέμα συνδέεται με μια συζήτηση που θα έχουμε αργότερα εντός της εβδομάδας σχετικά με τον κώδικα διοικητικής συμπεριφοράς: πώς τον αντιλαμβάνεστε ως αναπόσπαστο τμήμα των συνολικών μεταρρυθμίσεων;
Εν κατακλείδι, περιμένουμε με μεγάλη ανυπομονησία να ακούσουμε απόψε τις απαντήσεις σας, καθώς και τη διαβεβαίωση σας ότι οι μεταρρυθμίσεις προχωρούν σύμφωνα με το πρόγραμμα, όπως ακριβώς επιθυμείτε. Επίσης, ελπίζουμε ότι θα υποδείξετε κάποιους τρόπους μέσω των οποίων θα θέλατε να έχετε μεγαλύτερη υποστήριξη από το Κοινοβούλιο, όσον αφορά αυτήν την εξέλιξη την οποία εμείς θεωρούμε απόλυτα κρίσιμη τόσο για το μέλλον της Επιτροπής, όσο και για το μέλλον της ίδιας της Ευρώπης.
Guy-Quint
Κύριε Πρόεδρε, κύριε Επίτροπε, κυρίες, κύριοι, αγαπητοί συνάδελφοι, μέσα από όσα είπε ο Malcolm Harbour, θα αναφερθώ πολύ γρήγορα στα τεχνικά προβλήματα που αφορούν την επιτροπή νομικών θεμάτων. Θα ήθελα ωστόσο να πω, κύριε Επίτροπε, ότι χαίρομαι όλως ιδιαιτέρως για την πρόοδο που έχει σημειωθεί στον τομέα της διαβούλευσης από την τελευταία μας συνάντηση σε ολομέλεια.
Πράγματι, έβρισκα, καθώς και πολλοί άλλοι βουλευτές, θλιβερό το γεγονός ότι η Επιτροπή κάνει προτάσεις και ενημερώνει, αλλά δεν συμβουλεύεται πραγματικά τα άλλα θεσμικά όργανα, τις συνδικαλιστικές οργανώσεις και τις επιτροπές του προσωπικού των θεσμικών αυτών οργάνων. Ενώ, από το Φεβρουάριο, όλα αυτά είναι ευσεβείς πόθοι, δεδομένου ότι αυτή η διαδικασία γνώρισε ευτυχώς το σημαντικό ενδιαφέρον και την προσοχή αυτών των θεσμικών οργάνων που συμβουλεύεστε σήμερα. Ξέρω ότι μπορείτε να παρατηρήσετε ότι επιτυγχάνεται ευρεία συναίνεση για πολυάριθμες προτάσεις.
Για το λόγο αυτό, ας μου επιτραπεί να πω κάτι πολύ διαφορετικό από το συνάδελφο Harbour. Φαίνεται ότι παραμένουν για εμάς δύο ευαίσθητα σημεία σε αυτές τις διαπραγματεύσεις. Πρόκειται ακριβώς για τη διάρθρωση των σταδιοδρομιών, δηλαδή για τη γραμμική εξέλιξη, ή αλλιώς το status quo, καθώς επίσης και για το σύστημα συντάξεων. Εάν διάβασα σωστά τα τελευταία σας γραπτά, φαίνεται ότι βρίσκεστε σε αναζήτηση ενός συμβιβασμού ανάμεσα σε αυτά τα δύο συστήματα σταδιοδρομίας. Ελπίζω από τη μεριά μου ότι μία ρεαλιστική και σύγχρονη πρόταση θα προκύψει από τις διαπραγματεύσεις σας. Σας υπενθυμίζω, επίσης, ότι όσον αφορά τις συντάξεις, ακόμα και αν πολύ συχνά σκεφτόμαστε ότι το μέλλον ανήκει στο κεφαλαιοποιητικό συνταξιοδοτικό σύστημα, πολλοί από εμάς, συνδικαλιστές, εργαζόμενοι και άλλοι, σκεφτόμαστε ότι το ισχύον διανεμητικό σύστημα μπορεί να διατηρηθεί αν όχι αμιγώς, τουλάχιστον σε συνδυασμό.
Επανέρχομαι όμως τώρα στα ερωτήματά σας που αφορούν τον προϋπολογισμό σε σχέση με τη μεταρρύθμιση. Σε ένα πρώτο χρόνο, και για να είμαστε προσεκτικοί, θα ήθελα να σας υπενθυμίσω ότι η εφαρμογή ενός συνταξιοδοτικού συστήματος πρόωρης συνταξιοδότησης δεν είχε τη συναίνεση του Σώματος, παρά μόνο υπό τον όρο να μην αγγίζει τον προϋπολογισμό, ανεξαρτήτως του τόπου εφαρμογής του. Σε ό,τι αφορά το σύνολο της μεταρρύθμισης, περιμένουμε, το συντομότερο δυνατόν, ένα πλήρες έγγραφο που θα εκτιμά το ύψος του προϋπολογισμού των τρεχουσών διαπραγματεύσεων. Είναι λοιπόν απαραίτητο η επιτροπή προϋπολογισμών να γνωρίζει καλύτερα τις μέχρι σήμερα προβλέψεις σας σχετικά με το συνολικό κόστος της μεταρρύθμισης. Πράγματι, το Μάρτιο, ακούγαμε να μιλούν για 500 εκατομμύρια ευρώ. Σήμερα, διαβάζουμε 600 εκατομμύρια ευρώ. Επιπλέον, τα προτεινόμενα διαδοχικά μέτρα και οι αιτήσεις των άλλων θεσμικών οργάνων έχουν μειώσει αισθητά τη μάζα που απαιτείται για την ισορροπία της κατηγορίας 5, και γι' αυτό ανησυχούμε.
Αλλο στοιχείο ανασφάλειας που καθιστά πολύπλοκη τη λήψη αποφάσεων για τον προϋπολογισμό του 2002, είναι η έλλειψη απάντησης από μέρους του Συμβουλίου για τη διορθωτική επιστολή 1 του 2001 σχετικά με την εφαρμογή των πρόωρων συνταξιοδοτήσεων. Εάν το Συμβούλιο εμμείνει στην πρότασή του να αυξήσει την ηλικία της πρόωρης συνταξιοδότησης, έχουμε μία ερώτηση: ποιες θα είναι οι επιπτώσεις του σχεδίου σας και, επιπλέον, πιστεύετε ότι θα ήταν σκόπιμο να συνεχίσετε υπό αυτούς τους όρους; Δεν έχουμε στη διάθεσή μας σήμερα κανένα έγγραφο που να επιτρέπει στο Σώμα να μετρήσει τις επιπτώσεις αυτών των θέσεων.
Παρόλο που είμαστε προσηλωμένοι στη μεταρρύθμιση, δεν μπορούμε ωστόσο να αποφασίσουμε στα τυφλά για τόσο σοβαρές από τεχνική, ανθρώπινη και οικονομική άποψη επιλογές. Αποφασίζοντας έτσι, θα ήταν σα να υπογράφαμε μία λευκή επιταγή στην Επιτροπή, πράγμα που δεν συνηθίζουμε να κάνουμε. Μέχρι σήμερα, παρατηρούμε μόνο ότι το προσχέδιο του προϋπολογισμού που παρουσιάστηκε από την Επιτροπή ξεπερνούσε τα ανώτατα όρια της κατηγορίας 5 των 5 εκατομμυρίων, και ότι το Συμβούλιο προτείνει σήμερα ένα προσχέδιο προϋπολογισμού όπου τα ανώτατα όρια γίνονται βέβαια σεβαστά με ένα περιθώριο 58 εκατομμυρίων, αλλά όπου όλες οι πολιτικές των διαφορετικών θεσμικών οργάνων δεν γίνονται, ως εκ τούτου, σεβαστές.
Η λύση: θα πρέπει ο τίτλος 5 να αναφέρεται ταυτόχρονα και στα δύο πιο μεγάλα σχέδια, δηλαδή στη διεύρυνση και το κόστος της μεταρρύθμισης; Θα πρέπει λοιπόν να συνεχίσουμε τις προσπάθειες αποκλειστικά για τη μεταρρύθμιση ή επίσης και για τη διεύρυνση; Αλλά εν πάση περιπτώσει, μας χρειάζεται μία απάντηση. Δεν θα ήταν δυνατόν να κατανεμηθεί η μεταρρύθμιση σε μεγαλύτερο χρονικό διάστημα; Την παραμονή της ψηφοφορίας για το σχέδιο προϋπολογισμού, έχουμε συνείδηση ότι από τις απαντήσεις που δίνετε εξαρτώνται πολλά, αλλά είναι βασικό να ξεκαθαρίσετε το τοπίο ώστε να μπορέσουμε να κάνουμε τις επιλογές μας.
Kinnock
. (ΕΝ) Κύριε Πρόεδρε, είμαι ιδιαίτερα ευγνώμων και στον κ. Harbour και στην κ. Guy-Quint που υπέβαλαν αυτή την συνεκτική ερώτηση η οποία μου επιτρέπει να κάνω στο Σώμα μια πλήρη αναφορά της προόδου σε διάφορες πτυχές της στρατηγικής μεταρρύθμισης της Επιτροπής. Όπως ελπίζω να κατανοήσει το Σώμα, αν απόψε απαντήσω αναλυτικά σε κάθε μέρος αυτής της προφορικής ερώτησης, θα εξαντλήσω όλο το χρόνο που έχει προβλεφθεί για τη συζήτηση. Γι' αυτό το λόγο, θα διανείμω σήμερα σε όλους τους αξιότιμους βουλευτές μια πλήρη, γραπτή έκθεση προόδου για όλες τις μεμονωμένες δράσεις μεταρρύθμισης. Ορισμένοι βουλευτές ίσως έχουν λάβει ήδη αυτήν την έκθεση και εδώ θα επικεντρωθώ στις πλέον εξέχουσες πρόσφατες εξελίξεις που άπτονται των στοιχείων της πολιτικής ανθρώπινων πόρων στο πλαίσιο της στρατηγικής μεταρρύθμισης που ακολουθούμε. Επίσης, θα αναφερθώ ειδικότερα στα δημοσιονομικά θέματα, όπως ζήτησε η κ. Guy-Quint.
Καταρχάς, θέλω να αναφέρω, χωρίς καμία αυταρέσκεια, ότι στους πέντε μήνες που έχουν μεσολαβήσει αφότου η Επιτροπή ενέκρινε το αναλυτικό συμβουλευτικό έγγραφο σχετικά με τη μεταρρύθμιση και τον εκσυγχρονισμό της πολιτικής ανθρώπινων πόρων, η πρόοδος είναι διαρκής και ικανοποιητική. Η κοινή ομάδα υψηλού επιπέδου της οποίας προεδρεύει ο πρώην γενικός γραμματέας του Συμβουλίου, κ. Niels Ertsbψl, έχει φανεί ιδιαίτερα χρήσιμη διευκολύνοντας τη διεξαγωγή μιας διαδικασίας ουσιαστικών, εποικοδομητικών και παραγωγικών διαβουλεύσεων με εκπροσώπους του προσωπικού. Η Επιτροπή έχει διαβιβάσει τις θερμές της ευχαριστίες προς τον κ. Ertsbψl.
Στις διαβουλεύσεις και τις διαπραγματεύσεις επί των περίπλοκων ζητημάτων της πολιτικής προσωπικού, είναι προφανώς φυσικό να παρατηρηθούν ορισμένες καθυστερήσεις. Ωστόσο, λέγω με ιδιαίτερη χαρά ότι η φύση ή η διάρκειά τους δεν ήταν τέτοια που να μπορεί να προκαλέσει σοβαρή διαταραχή του προγράμματος των μεταρρυθμίσεων. Όπως τόνισα προηγουμένως στο Σώμα, το οποίο επίσης τόνισε επανειλημμένα και ο κ. Harbour, και κατά τη γνώμη μου σωστά, η Επιτροπή αντιλαμβάνεται την ανάγκη να διατηρηθεί η έντονη αυτή τάση για αλλαγή, όχι μόνο προς όφελος του θεσμικού οργάνου, αλλά και προς όφελος του προσωπικού μας και του κοινού που υπηρετούμε. Είμαστε βέβαιοι ότι μπορούμε να διατηρήσουμε τον αναγκαίο ρυθμό και συγχρόνως να επιτύχουμε την κατανόηση και την υποστήριξη που είναι απαραίτητες για την πλήρη και αποτελεσματική εφαρμογή των αναγκαίων αλλαγών.
Στο πλαίσιο αυτό, η Επιτροπή ενέκρινε στις 18 Ιουλίου ένα έγγραφο με τίτλο "Νέοι προσανατολισμοί για τη μεταρρύθμιση της πολιτικής προσωπικού" . Έγινε η σχετική ανακοίνωση προς το Κοινοβούλιο, επειδή όμως το Κοινοβούλιο διέκοψε τις εργασίες του περίπου εκείνο το διάστημα στο οποίο εμείς εκπονούσαμε το εν λόγω έγγραφο, δεν κατέστη δυνατό να το υποβάλουμε επίσημα στο Κοινοβούλιο στη συγκεκριμένη φάση. Το έγγραφο περιλαμβάνει ένα χρονοδιάγραμμα για την ολοκλήρωση των τρεχουσών διαπραγματεύσεων. Μέχρι το τέλος του έτους, η Επιτροπή θα είναι σε θέση να εγκρίνει ολοκληρωμένες αποφάσεις για όλα τα ζητήματα που δεν απαιτούν τροποποίηση του κανονισμού υπηρεσιακής κατάστασης των υπαλλήλων και επίσης να παρουσιάσει στη Διοργανική Επιτροπή Κανονισμού Υπηρεσιακής Κατάστασης επίσημη πρόταση για την αναθεώρηση του κανονισμού υπηρεσιακής κατάστασης. Ελπίζουμε ότι οι εντατικές διαβουλεύσεις που λαμβάνουν χώρα με τους γενικούς γραμματείς και τους προέδρους του Κοινοβουλίου και των άλλων θεσμικών οργάνων θα παράσχουν την υποστήριξη που είναι απαραίτητη για τις αλλαγές που πρέπει να πραγματοποιηθούν στο πλαίσιο της εκτέλεσης της σαφούς εντολής περί μεταρρύθμισης η οποία, υπενθυμίζω στο Σώμα, ανατέθηκε ειδικά στην Επιτροπή Πρόντι από αυτό το Σώμα και από το Ευρωπαϊκό Συμβούλιο.
Η Επιτροπή εκτιμά τις καλές προθέσεις των αξιότιμων βουλευτών όταν, στην προφορική αυτή ερώτηση, αναφέρονται στην εφαρμογή της νέας πολιτικής για την εξέλιξη της σταδιοδρομίας πριν από την επίσημη συμφωνία. Ωστόσο, πληροφορούμε το Σώμα ότι οι εν λόγω προσπάθειες θα επισύρουν σίγουρα επίσημες καταγγελίες και θα καταλήξουν στο δικαστήριο και, ως εκ τούτου, θα οδηγήσουν σε καθυστερήσεις, ακόμα και σε άσκοπη εχθρότητα. Συνεπώς, θα συνεχίσουμε να τηρούμε πλήρως τη συμφωνία συνδιαλλαγής που συνάψαμε με τους εκπροσώπους του προσωπικού τον Μάρτιο. Σε κάθε περίπτωση, όπως δείχνει το χρονοδιάγραμμα του Ιουλίου, οι συζητήσεις με τους εκπροσώπους του προσωπικού της Επιτροπής θα ολοκληρωθούν σύντομα, οπότε η Επιτροπή θα αποφασίσει και θα εφαρμόσει άμεσα πολλές ουσιαστικές αλλαγές στην πολιτική προσωπικού, οι οποίες δεν απαιτούν τροποποίηση του Κανονισμού Υπηρεσιακής Κατάστασης.
Με χαρά αναφέρω ότι ο βασικός στόχος των προτάσεων που υποβάλαμε το Φεβρουάριο, τις οποίες μας υπενθυμίζει και πάλι ο κ. Harbour, δηλαδή ο άμεσος συσχετισμός των προαγωγών και της εξακριβωμένης αξίας, έχει γίνει αποδεκτός στις μέχρι τώρα διαπραγματεύσεις. Οι λεπτομερείς αλλαγές που έγιναν ως αποτέλεσμα των διαπραγματεύσεων και των διαβουλεύσεων έχουν βελτιώσει την πρόταση, και αυτό το λέγω με ικανοποίηση. Οι λεπτομέρειες που αφορούν αυτά τα θέματα, καθώς και τα ερωτήματα του κ. Harbour σχετικά με τον καθορισμό σημείων αναφοράς, την αξιολόγηση, τη διαχείριση και τις συντάξεις, είναι διαθέσιμες στην έκθεση προόδου που διανέμω σήμερα στο Σώμα. Για να εξοικονομήσουμε χρόνο λοιπόν, θα στραφώ στο τελευταίο τμήμα της ερώτησης που υπέβαλαν ο κ. Harbour και η κ. Guy-Quint, το οποίο αφορά τα δημοσιονομικά θέματα.
Καταρχάς, τονίζω την αναφορά στα 600 εκατομμύρια ευρώ ως "μια μεταρρύθμιση του κόστους" και οφείλω να πω ότι το Σώμα κινδυνεύει άθελά του να κάνει λάθος. Είναι απαραίτητο να τονιστεί με τη μεγαλύτερη δυνατή έμφαση ότι πρέπει να γίνει σαφής διάκριση μεταξύ, αφενός, του κόστους που συνεπάγεται η εκπλήρωση του πολύ προσεκτικά υπολογισμένου αιτήματος της Επιτροπής για 717 νέες θέσεις, περιλαμβανομένων 118 θέσεων στις αντιπροσωπείες, που υποβλήθηκε στην τροποποιητική επιστολή τον προηγούμενο Σεπτέμβριο, και αφετέρου, του κατά πολύ μικρότερου ακαθάριστου κόστους επένδυσης στις μεταρρυθμίσεις. Οι νέες θέσεις που είναι απαραίτητες προκειμένου η Επιτροπή να είναι σε θέση να εκπληρώσει τις πολιτικές και επιχειρησιακές της υποχρεώσεις μέχρι το 2006, όπως ορίζεται αναλυτικότατα στην τροποποιητική επιστολή και τα συνοδευτικά έγγραφα, θα κοστίσει περίπου 542 εκατομμύρια ευρώ. Το ακαθάριστο κόστος της μεταρρύθμισης της πολιτικής περί προσωπικού μέχρι το 2006 θα ανέλθει περίπου σε 111,9 εκατομμύρια ευρώ. Ως εκ τούτου, το μεγαλύτερο μέρος των πρόσθετων δαπανών για τους ανθρώπινους πόρους δεν συνδέεται ουσιαστικά με το σχεδιασμό και την εφαρμογή της στρατηγικής μεταρρύθμισης. Υπογραμμίζω το γεγονός ότι ούτε το αίτημα για θέσεις εργασίας στην Επιτροπή, ούτε καμία από τις προτάσεις μεταρρύθμισης της Επιτροπής, προβλέπεται να προκαλέσει παραβίαση των περιορισμών που προβλέπονται βάσει του τίτλου 5 των δημοσιονομικών προοπτικών του 1999. Η Επιτροπή θα τηρήσει τις δεσμεύσεις της να παραμείνει εντός των περιορισμών που παρουσιάσαμε οικειοθελώς το προηγούμενο έτος, τόσο στο Σώμα όσο και στο Συμβούλιο.
Ωστόσο, όπως ανέφερε η κ. Guy-Quint, το Σώμα θα πρέπει να λάβει υπόψη το γεγονός - όπως δείχνει ένας πίνακας τον οποίον επίσης θα διανείμω σήμερα - ότι οι πρόσφατες προτάσεις που έγιναν από τα θεσμικά όργανα πλην της Επιτροπής, θα έχουν ενδεχομένως ως αποτέλεσμα να αυξηθούν σημαντικά οι προβλεπόμενοι συντελεστές αύξησης των δαπανών για το προσωπικό και τη διοίκηση στα πλαίσια του τίτλου 5. Τα θεσμικά όργανα που προς το παρόν αναμένουν έναν συντελεστή ανάπτυξης άνω του μέσου όρου στις δαπάνες του κεφαλαίου 5, θα θέλουν αναμφίβολα να δώσουν περαιτέρω προσοχή στο εν λόγω θέμα. Είναι πιθανό ότι μέρος των εκτιμήσεων που κάνουν, αφορά το προβλεπόμενο κόστος που συνδέεται με τη διεύρυνση. Το θέμα αυτό είναι ενδιαφέρον και πρέπει όλοι να το λάβουμε υπόψη. Παραμένει το γεγονός ότι, όπως έχουν τα πράγματα αυτήν την στιγμή, ο οποιοσδήποτε κίνδυνος παραβίασης του τίτλου 5 των δημοσιονομικών προοπτικών προέρχεται αποκλειστικά και εξ ολοκλήρου από τις φιλοδοξίες των λοιπών θεσμικών οργάνων πλην της Επιτροπής και δεν έχει απολύτως καμία σχέση με τις μετριοπαθείς και προσωρινές προτάσεις που υποβάλλουμε για επιπλέον επενδύσεις σε σχέση με τη διεύρυνση, θεμελιώδη αποστολή της Επιτροπής Πρόντι, την οποία μας ανέθεσε η συντριπτική πλειοψηφία του Σώματος με την ομόφωνη απόφαση του Ευρωπαϊκού Συμβουλίου.
Αν και οι συζητήσεις με τους εκπροσώπους του προσωπικού δεν έχουν ολοκληρωθεί ακόμα, η Επιτροπή επιθυμεί να τονίσει ότι, όπως θα δείξει η εξέταση όλων των σχετικών στοιχείων - τα σχετικά στοιχεία βρίσκονται στα έγγραφα που διένειμα σήμερα, καθώς και στο έγγραφο που ενέκρινε η Επιτροπή στις 18 Ιουλίου - η αύξηση των ετήσιων δαπανών στα πλαίσια του τίτλου 5 λόγω της μεταρρύθμισης της Επιτροπής θα είναι μέτρια και προσωρινή. Τα στοιχεία που δημοσιεύθηκαν στο έγγραφο του Ιουλίου σχετικά με τους νέους προσανατολισμούς, δείχνουν ότι η μέγιστη ετήσια αύξηση λόγω της μεταρρύθμισης - εάν τα μέτρα εγκριθούν από όλα τα θεσμικά όργανα - θα είναι κατά 34,3 εκατομμύρια ευρώ υψηλότερη το 2005 έναντι του 2001. Κατόπιν, μετά το 2005, το κόστος ουσιαστικά θα μειωθεί οδηγώντας σε μόνιμες εξοικονομήσεις της τάξεως των 23,5 εκατομμυρίων ευρώ σε σύγκριση με το 2001.
Λαμβάνοντας υπόψη αυτούς τους παράγοντες και απαντώντας συγκεκριμένα στην ερώτηση που τέθηκε ενώπιον του Σώματος, η Επιτροπή θεωρεί ότι η στρατηγική μεταρρύθμισης δεν απαιτεί αναθεώρηση του ανώτατου ορίου του τίτλου 5 και δεν σκοπεύουμε να υποβάλουμε τέτοιο αίτημα. Επομένως, δεν θεωρούμε λογικό ή απαραίτητο να κάνουμε μια εσφαλμένη διάκριση μεταξύ επειγουσών και λιγότερο επειγουσών πτυχών της μεταρρύθμισης.
Όσον αφορά το θέμα της διεξαγωγής της μεταρρύθμισης σε μεγαλύτερη χρονική περίοδο, υπενθυμίζω απλώς στο Σώμα ότι, καταρχάς, ένα σημαντικό μέρος του Σώματος υποστηρίζει - κατά την άποψή μου σωστά - τη διατήρηση της έντονης τάσης για αλλαγή, τόσο προς όφελος του προσωπικού μας, όσο και προς όφελος των θεσμικών οργάνων. Δεύτερον, η ρητή εντολή της Επιτροπής Πρόντι - και όχι κάποιας άλλης Επιτροπής - ήταν να αναλάβει και να φέρει σε πέρας τις μεταρρυθμίσεις στη διάρκεια της πενταετούς θητείας της. Σκοπεύουμε σίγουρα να το πράξουμε. Με 111 εκατομμύρια ευρώ, στη διάρκεια 4 ετών, με επενδύσεις που μπορούν να επιφέρουν πραγματική μείωση του κόστους, όπως έχουμε δείξει, καμία από τις επενδύσεις στη μεταρρύθμιση δεν είναι δαπανηρή. Όλες οι επενδύσεις στη μεταρρύθμιση είναι αναγκαίες. Σε καμία περίπτωση δεν πρόκειται να επιδιώξουμε ή να δεχθούμε επιταγή εν λευκώ. Όλα τα επιχειρήματα που έχουμε διατυπώσει, όλα τα στοιχεία που έχουμε παρουσιάσει, όλες οι προτάσεις που έχουμε υποβάλει, είναι όλα προσεκτικά υπολογισμένα. Δεν έχουμε από κανέναν την απαίτηση να δεχθεί κάτι επί πιστώσει ή με καλή πίστη.
Είναι σαφές ότι οι διαπραγματεύσεις σχετικά με τον εκσυγχρονισμό του συστήματος της επαγγελματικής σταδιοδρομίας έχουν οδηγήσει σε συναίνεση επί των στόχων της αλλαγής του συστήματος, όπως και επί των όρων μεταρρύθμισης του συστήματος. Ωστόσο, οι εν λόγω διαπραγματεύσεις δεν έχουν ακόμα οδηγήσει σε συμφωνία επί των λεπτομερών πρακτικών μέσων για την εφαρμογή του είδους της μεταρρύθμισης που απαιτείται για τη δημιουργία μιας πιο συνεκτικής δομής της σύγχρονης σταδιοδρομίας. Ωστόσο, οι προοπτικές να επιτύχουμε αυτήν την συμφωνία είναι πολύ θετικές, το λέγω με ικανοποίηση.
Ως εκ τούτου, τις προηγούμενες εβδομάδες του Αυγούστου, οι εργασίες συνεχίστηκαν προκειμένου να δημιουργηθούν νέα και αναλυτικά μοντέλα και επιλογές, τα οποία θα αποτελέσουν αντικείμενο των συζητήσεων - που θα επαναληφθούν εντός του μήνα - με τους εκπροσώπους τους προσωπικού και με τα λοιπά θεσμικά όργανα. Είναι ρεαλιστικό να αναμένει κανείς ότι, μέχρι τα τέλη Οκτωβρίου, η Επιτροπή θα είναι σε θέση να έχει μια τελική εικόνα για το σύνολο των μεταρρυθμίσεων της πολιτικής περί ανθρώπινων πόρων, περιλαμβανομένης μιας δομής σταδιοδρομίας που θα είναι πιο γραμμική και θα εξυπηρετεί με τον βέλτιστο τρόπο τα επαγγελματικά συμφέροντα της μόνιμης και ανεξάρτητου ευρωπαϊκού δημόσιου τομέα. Για την πρακτική υλοποίηση αυτών των προτάσεων, θα είναι απαραίτητη η κατανόηση και υποστήριξη του Κοινοβουλίου, τόσο ως δημοκρατικής συνέλευσης όσο και ως θεσμικού οργάνου-εργοδότη. Αισιοδοξώ ότι θα μας δοθεί αυτή η υποστήριξη και κατανόηση.
Όπως μας υπενθύμισε ο κ. Harbour, τον προηγούμενο Νοέμβριο η μεγάλη πλειοψηφία του Σώματος υποστήριξε την έκθεσή του, η οποία ήταν ρητά υπέρ της αρχής να γίνουν σημαντικές αλλαγές - όχι στο status quo ή σχετικά με αυτό - προκειμένου να θεσπιστεί ένα πιο γραμμικό σύστημα σταδιοδρομίας για το ευρωπαϊκό δημόσιο, για όλους τους λόγους που είχε την ευγενή καλοσύνη να μας επαναλάβει απόψε.
Ελπίζω ότι τόσο το Σώμα όσο και η διοίκηση που υπηρετεί το Σώμα θα εξακολουθήσουν να έχουν αυτή τη θετική στάση. Οι αρνητικές στάσεις θα ανατρέψουν τη βούληση αυτού του Σώματος που εκφράστηκε σαφώς με τεράστια πλειοψηφία το Σεπτέμβριο 1999, το Νοέμβριο 2000 και σε πολλές άλλες περιπτώσεις. Ο λόγος για τον οποίο οι αρνητικές στάσεις θα ανατρέψουν τη βούληση του Σώματος είναι ότι θα παρεμποδίσουν την Επιτροπή, ή δεν θα της επιτρέψουν, να προβεί στις αλλαγές που βρίσκονται στον πυρήνα της εκσυγχρονιστικής μεταρρύθμισης την οποία έχει απαιτήσει ρητά το Συμβούλιο, το Κοινοβούλιο και η ευρωπαϊκή κοινή γνώμη.
Ελπίζω ότι το Σώμα θα εξακολουθήσει να τηρεί με σθένος και επιμονή τη στάση εποικοδομητικής συνεργασίας απέναντι στη μεταρρύθμιση που έχει επιδείξει επανειλημμένα έως σήμερα.
Pomιs Ruiz
Κύριε Πρόεδρε, πρέπει να μιλήσω για θέματα ελέγχου, όπως είμαι βέβαιος ότι θα κάνει και η κ. Morgan, την οποία καλωσορίζω και συγχαίρω για την πρόσφατη γέννηση του παιδιού της.
Κύριε Kinnock, στα ισπανικά υπάρχει μια φράση που λέει ότι η κόλαση είναι γεμάτη καλές προθέσεις. Εσείς έχετε ένα πολύ δύσκολο καθήκον και μου δίνεται η εντύπωση ότι για να κάνετε τις προθέσεις πράξεις, θα πρέπει να χτυπήσετε το χέρι σας στο τραπέζι και να αναλάβετε κινδύνους, όπως μας υποσχέθηκε ο Πρόεδρος Prodi όταν ανέλαβε την πενταετή θητεία του.
Υπάρχουν ζητήματα ελέγχου του προϋπολογισμού σχετικά με τα οποία περιμένω να είστε περισσότερο συγκεκριμένος στη γραπτή σας απάντηση.
Θυμάμαι πως πριν από έναν χρόνο μας είχατε πει ότι αναμένονταν ογδόντα υπάλληλοι στην κεντρική υπηρεσία ελέγχου, για να αρχίσουν να εργάζονται πλήρως τον Απρίλιο για την αξιολόγηση του συστήματος διαχείρισης και ελέγχου. Δεν γνωρίζουμε αν αυτό συμβαίνει ήδη. Δεν γνωρίζουμε αν έχει ήδη γίνει η προηγούμενη συγκεντρωτική θεώρηση, ώστε να έχει ήδη αποκτηθεί υψηλό επίπεδο πείρας από τους διατάκτες. Δεν γνωρίζουμε αν λειτουργούν οι προηγούμενοι ειδικοί έλεγχοι, επί της βάσης της ανάλυσης κινδύνου ή επιθυμίας των διατακτών.
Έχουμε μεγάλες αμφιβολίες, κύριε Kinnock, σχετικά με το μέλλον του δημοσιονομικού κανονισμού που θα πρέπει να καταρτιστεί κατεπειγόντως. Δεν θα είναι αποκλειστικά δική σας ευθύνη, αλλά υπάρχει μεγάλη αβεβαιότητα σχετικά με αυτό. Ανησυχούμε. Θα κάνετε επανέκδοση; Τι συμβαίνει με τη Σύμβαση για την Προστασία των Δημοσιονομικών Συμφερόντων της Κοινότητας; Τι συμβαίνει με το helpdesk, το γραφείο υποστήριξης που θα δημιουργούσατε, ούτως ώστε να μπορούν να παρέχονται συμβουλευτικές υπηρεσίες από τους υπαλλήλους σχετικά με τα μέτρα της Λευκής Βίβλου; Και πάρα πολλά άλλα.
Μας δίνεται η εντύπωση πως το έργο είναι τεράστιο, ότι θα πρέπει να καταρτιστεί ένα χρονοδιάγραμμα. Γνωρίζετε πως έχετε την υποστήριξή μας. Θέλουμε να αναλάβετε κινδύνους. Θα σας υποστηρίξουμε αν κάνετε λάθη, όπως υποστηρίξαμε τον κ. Prodi όταν μας το ζήτησε, αλλά ίσως χρειαζόμαστε κάποιον που να χτυπήσει τη γροθιά του στο τραπέζι για να τηρηθούν οι προθεσμίες και να πραγματοποιηθούν οι υποσχέσεις, κύριε Kinnock.
Miller
Κύριε Πρόεδρε, όταν ξεκινήσαμε αυτό το εγχείρημα, όλοι μας γνωρίζαμε ότι η μεταρρύθμιση της Επιτροπής δεν θα ήταν ποτέ μια εύκολη, γρήγορη και ομαλή υπόθεση, διότι είχαμε 40 έτη παγιωμένων απόψεων και στην προσπάθεια να τις αλλάξουμε θα είχαμε πάντοτε να ξεπεράσουμε ορισμένα εμπόδια. Παρά τα εμπόδια αυτά, θα πρέπει να πω, έχοντας ακούσει τον Επίτροπο, ότι οφείλουμε να τον συγχαρούμε για την πρόοδο που έχει σημειώσει μέχρι τώρα, όπως επίσης πρέπει να συγχαρούμε τη συνδικαλιστική ένωση του προσωπικού που συμμετείχε στις διαπραγματεύσεις και άνοιξε το δρόμο σε ορισμένους τομείς μεταρρύθμισης. Είναι σημαντικό το ότι συζητείται εδώ αυτό το ζήτημα, διότι θα ήθελα να αναφερθώ σε δυο-τρία σημεία τα οποία έθιξαν ορισμένοι από τους συναδέλφους μου.
Ο κ. Harbour - ορθά - έθεσε το ζήτημα της επιλογής του σωστού χρόνου. Η επιλογή της σωστής χρονικής στιγμής είναι σημαντική διότι, εάν δεν επιλεγεί η σωστή χρονική στιγμή, αυτό επηρεάζει το ηθικό του προσωπικού και όταν το ηθικό του προσωπικού αρχίσει να υποχωρεί, αυτό έχει επιπτώσεις στη βελτίωση της σταδιοδρομίας, στις προαγωγές κτλ, και όταν αρχίσει αυτό - δεν υπάρχει πρόοδος. Όλα αυτά τα στοιχεία πηγαίνουν μαζί.
Χάρηκα όταν ο κ. Harbour ανέφερε το θέμα της γραμμικής δομής της σταδιοδρομίας. Είναι μείζον ζήτημα και πρέπει να το αντιμετωπίσουμε, όπως γνωρίζει καλά ο Επίτροπος. Θα προσθέσω ότι συμφωνώ με τη δημόσια καταγγελία δυσλειτουργιών. Ωστόσο, στη δυτική Σκωτία ο αγγλικός όρος για την καταγγελία δυσλειτουργιών (whistle-blowing) παραπέμπει στα φλάουτα και αυτό δεν αρέσει και τόσο στη δική μου περιφέρεια.
Διαφωνώ ελαφρώς με τη συνάδελφό μου κ. Guy-Quint. Όσον αφορά τη διαβούλευση: έχει ζητηθεί η γνώμη μας σε κάθε δυνατή ευκαιρία. Υποστήριξε για μια ακόμα φορά την ανάγκη μιας πιο παρατεταμένης περιόδου μεταρρύθμισης, αλλά όπως είπαμε, εάν το καθυστερούμε όλο και περισσότερο, θα επηρεαστεί το ηθικό του προσωπικού και αυτό θα έχει επιπτώσεις στην απόδοσή του. Η μεταρρύθμιση πρέπει να πραγματοποιηθεί όσο το δυνατό συντομότερα.
Σχετικά με το όλο θέμα της συνταξιοδότησης: ήμουν υπεύθυνος για την εξέταση του πακέτου των συντάξεων από το Κοινοβούλιο και είναι ένα καταπληκτικό πακέτο. Μακάρι να μου πρόσφεραν το ίδιο. Θα ήθελα να πω στον Επίτροπο ότι ακούσαμε πολύ ξεκάθαρα τα σχετικά με την αλλαγή του ανώτατου ορίου του τίτλου 5. Αντιλαμβανόμαστε ότι δεν είναι στα πλαίσια των αρμοδιοτήτων της Επιτροπής και ότι ίσως ήρθε ο καιρός να στραφούν ορισμένοι από εμάς σε κάποια από τα υπόλοιπα θεσμικά όργανα για να δούμε πώς αντιμετωπίζουν την κατάσταση.
Εν κατακλείδι, έχουμε σημειώσει σημαντική πρόοδο. Είναι σημαντικό να παρακολουθούμε την πρόοδο. Με χαρά άκουσα αυτά που είπε ο Επίτροπος, διότι μόνο κατ' αυτόν τον τρόπο και παρακολουθώντας τις εξελίξεις μπορούμε να έχουμε αποτέλεσμα. Εάν πράγματι παρουσιαστούν εμπόδια, μπορούμε τότε να αρχίσουμε να προσπαθούμε να τα αντιμετωπίσουμε, τόσο εδώ όσο και στα άλλα θεσμικά όργανα.
Jensen
Κύριε Πρόεδρε, η Ομάδα των Φιλελευθέρων θα ήθελε και αυτή να εκφράσει ότι στηρίζουμε ένθερμα τις πρωτοβουλίες που έχετε δρομολογήσει, κύριε Kinnock, στον τομέα του προσωπικού. Δεν είναι εύκολη δουλειά αυτό που επιχειρείτε τώρα και για τον λόγο αυτό είναι σημαντικό το Κοινοβούλιο να σας παράσχει την πλήρη υποστήριξή του. Αποτελεί γενικό χαρακτηριστικό της κοινωνίας μας σήμερα ότι αναγκαζόμαστε να συλλογιστούμε εκ νέου σχετικά με την οργάνωση της εργασίας στις επιχειρήσεις ώστε να διασφαλίσουμε την ανταγωνιστικότητα και να εκμεταλλευτούμε τις δυνατότητες που παρέχονται από τη σύγχρονη τεχνολογία, και σχετικά με τη δημόσια διοίκηση, ώστε να μπορούμε να παρέχουμε στους εκλογείς σωστές υπηρεσίες σε ανταπόδοση των φόρων τους. Είναι δε ακριβώς οι εκλογείς αυτοί που δυσκολεύονται πάρα πολύ να καταλάβουν γιατί τα θεσμικά όργανα της ΕΕ διατηρούν μια τόσο άκαμπτη και παλιομοδίτικη πολιτική για το προσωπικό, όπου οι προαγωγές γίνονται βάσει πολύ τυπικών κριτηρίων αντί βάσει των επιδόσεων. Ο λαός δεν καταλαβαίνει καθόλου γιατί οι εργαζόμενοι της ΕΕ δεν εργάζονται βάσει των απαιτήσεων της νέας πραγματικότητας, της ευελιξίας και της ισότητας, όπως ισχύει στην υπόλοιπη κοινωνία.
Σε σχέση με αυτό θα ήθελα εκ μέρους της Ομάδας Φιλελευθέρων να στηρίξω το σχέδιο της Επιτροπής για τις γραμμικές δομές σταδιοδρομίας, οι οποίες αναφέρθηκαν πολλές φορές απόψε, σύμφωνα με τις οποίες οι προαγωγές γίνονται βάσει ικανοτήτων και επιδόσεων. Θα ήθελα επίσης να εκφράσω την απογοήτευσή μου που η πρόεδρος του Κοινοβουλίου σε μια επιστολή προς τον Πρόεδρο της Επιτροπής κ. Prodi εξέφρασε την αντίθεσή της απέναντι στις ίδιες τις θέσεις του Κοινοβουλίου επ' αυτού του σημείου, όπως είχαν διατυπωθεί στην έκθεση Harbour. Ελπίζω μάλιστα να μη δημιούργησε σοβαρές δυσκολίες στην Επιτροπή στις διαπραγματεύσεις. Είναι ζωτικής σημασίας οι μεταρρυθμίσεις της Επιτροπής να εμπεριέχουν μια πολιτική για το προσωπικό που θα ανταμείβει τη δέσμευση, την εργατικότητα και τις ικανότητες προσαρμογής, πράγμα που πρέπει να υποστηρίξουμε. Υπό αυτό το πρίσμα, προσμένω το σχέδιο συνδιαλλαγής της Επιτροπής για τη δομή των σταδιοδρομιών και θέλω εξάλλου να προσυπογράψω την επισήμανση του Επιτρόπου για τα όσα δημιουργούν προβλήματα στην κατηγορία 5. Πιστεύω ότι η συγκεκριμένη επισήμανση είναι εξαιρετικά εύστοχη.
Dell'Alba
Κύριε Πρόεδρε, μέχρι στιγμής δεν έχω λάβει την έκθεση, ούτε στα ιταλικά ούτε στα αγγλικά. Μπορεί να βρίσκεται στο γραφείο μου. Ωστόσο, εάν κατάλαβα σωστά τον κ. Kinnock, κατά την άποψή του ο μόνος τρόπος να σεβαστούμε το ανώτατο όριο των δημοσιονομικών προοπτικών είναι να καταργήσουμε τις άλλες δέκα γλώσσες και να διατηρήσουμε μόνο τη γλώσσα που μιλώ τώρα. Το πρόβλημά μου δεν είναι τα αγγλικά. Το πρόβλημά μου είναι ότι δεν θέλω να μιλώ μόνο αγγλικά με έναν γενικό διευθυντή της Επιτροπής που έχει μητρική γλώσσα τα αγγλικά, για παράδειγμα, και δεν θέλω ένας πολιτισμός να έχει υπερβολική επιρροή.
Κύριε Αντιπρόεδρε, πριν από δύο χρόνια, τον Σεπτέμβριο του 1999, το Κοινοβούλιο ανέθεσε στην Επιτροπή Prodi/Kinnock μία πολύ συγκεκριμένη εντολή: τη μεταρρύθμιση. Έχουν περάσει δύο χρόνια από τότε, κύριε Αντιπρόεδρε, και, από ό,τι γνωρίζω, η μοναδική μεταρρύθμιση που εφαρμόσατε ήταν να αφαιρέσετε το χρυσό μετάλλιο από τους υπαλλήλους μετά από εικοσαετή υπηρεσία, πράγμα που ειλικρινά μου φαίνεται λίγο. Στην Ιταλία, επί είκοσι χρόνια υπήρχε Υπουργείο Μεταρρύθμισης της Δημόσιας Διοίκησης· έπειτα αφαίρεσαν τη λέξη "μεταρρύθμιση" , διότι καταντούσε κάπως γελοίο να μεταρρυθμίζεται επί είκοσι χρόνια και έγινε Υπουργείο Δημόσιας Διοίκησης tout court. Μου φαίνεται ότι αυτή η μεταρρύθμιση - δεν είναι τυχαίο που ο συνάδελφος Pomιs Ruiz έκανε λόγο για οικονομικό κανονισμό - είναι, θα έλεγε κανείς, μία χίμαιρα: πάνε δύο χρόνια που συζητούμε για αυτήν, αλλά νομίζω ότι όλες οι προτάσεις δημιουργούν δυσκολίες και μία ολόκληρη σειρά προβλημάτων. Αναρωτιέμαι, λοιπόν, πότε θα ολοκληρωθεί αυτή η μεταρρύθμιση, πότε θα λάβει τέλος αυτή η δυσαρέσκεια. Πιστεύω ότι δεν αγνοείτε το γεγονός ότι οι υπάλληλοι των ευρωπαϊκών οργάνων δεν είναι πάρα πολύ ικανοποιημένοι από τον τρόπο με τον οποίον εξελίσσονται τα πράγματα. Εγώ δεν θέλω να τους υπερασπισθώ ως συντεχνία, λέω όμως ότι πρόκειται για ένα σοβαρό φαινόμενο, διότι αυτή η Επιτροπή είχε αναλάβει το καθήκον να δώσει νέα πνοή στην ευρωπαϊκή δημόσια διοίκηση. Εμένα μου φαίνεται, αντίθετα, ότι η μεταρρύθμιση αντί να της δίνει νέα πνοή, την θάβει.
Marinho
Κύριε Πρόεδρε, όλοι γνωρίζουμε πόσο δύσκολο είναι να μεταρρυθμιστεί μία διοίκηση: πρόκειται, ουσιαστικά, για αντικατάσταση της ισορροπίας που βασίζεται στην αδράνεια και τη ρουτίνα ετών και πρακτικών με κάπoια άλλη, εν δυνάμει εξαιρετική επί της αρχής της αλλά άγνωστης και πάντα πειραματικής όσον αφορά την υλοποίησή της. Είναι φυσικά μία θαρραλέα πρόκληση, και εμείς χαιρετίζουμε αυτή την πρόκληση. Γι' αυτό και υποστηρίζουμε, καταρχήν - χωρίς να δίνουμε εν λευκώ επιταγή - την πρωτοβουλία για τη μεταρρύθμιση της Επιτροπής. Αλλά η πρόταση έρχεται να υπενθυμίσει ότι η μεταρρύθμιση αυτή δεν είναι απλώς διοικητική αλλά επίσης μεταρρύθμιση πολιτικής σημασίας, όπου εκτός από τις παραδοσιακές ισορροπίες είναι απαραίτητο να διασφαλίσουμε την ευρωπαϊκή παραδοσιακή θεσμική ισορροπία, όπου τίθεται ένα ζήτημα εξουσίας το οποίο δεν μπορεί να αντιμετωπισθεί σαν να επρόκειτο για μία ουδέτερη μεταρρύθμιση.
Βασικά τι μας απασχολεί; Ασφαλώς το ζήτημα είναι να ξέρουμε εάν οδεύουμε προς την ενίσχυση της ανεξαρτησίας και αυτονομίας της ευρωπαϊκής δημόσιας διοίκησης (εγγύηση για την ευθυκρισία αυτού που πρέπει να αποφασίσει) ή εάν η διακριτική ευχέρεια στην εξέλιξη της σταδιοδρομίας ιδιωτικοποιεί την ιεραρχική σχέση, κάνοντας τον ευρωπαίο υπάλληλο να μοιάζει με υπάλληλο μίας πολυεθνικής. Εκτός από αυτό, σε ποια αντικειμενικά κριτήρια στηρίζονται οι αρμοδιότητες που θα επιβραβεύονται; Με ποιον τρόπο θα εμποδίσουμε να εξαφανίζονται οι αρετές μέσα στις εύνοιες, στην υποταγή στους προϊσταμένους, δημιουργώντας μία δομή ανώτερων υπαλλήλων όπου κάποιοι μπορούν να προαχθούν γρήγορα και άλλοι θα προάγονται αργά; Και πώς θα εμποδίσουμε η πόλωση αυτή να έχει ως υπόβαθρο εκτιμήσεις εθνικού χαρακτήρα, υπεράσπισης του εθνικού συμφέροντος, εν αντιθέσει με την ουσία της λειτουργίας της Επιτροπής, η οποία διασφαλίζει την υπεράσπιση των ευρωπαϊκών συμφερόντων; Αυτοί είναι οι πολιτικοί κίνδυνοι αυτής της μεταρρύθμισης, οι ανησυχίες μας, οι φόβοι μας. Σε σας εναπόκειται, Επίτροπε κύριε Kinnock, και στη πνευματική ακεραιότητα και εντιμότητά σας, να αποδείξετε ότι οι κίνδυνοι αυτοί, οι ανησυχίες αυτές, οι φόβοι αυτοί δεν έχουν λόγο ύπαρξης. Αλλά το βάρος της απόδειξης ανήκει στην Επιτροπή και ειδικότερα στον Επίτροπο κ. Kinnock.
Kinnock
. (ΕΝ) Κύριε Πρόεδρε, γνωρίζω ότι νωρίτερα καταχράστηκα την υπομονή του Σώματος προσπαθώντας να δώσω μια πλήρη απάντηση. Θα προσπαθήσω τώρα να απαντήσω όσο το δυνατόν συντομότερα στα πολύ καλά επιχειρήματα που ανέφεραν οι αξιότιμοι βουλευτές στη διάρκεια της συζήτησης.
Εάν προσπαθήσω να θίξω ταχύτατα τα πιο σημαντικά σημεία και απλώς να δώσω τις πλέον σύντομες απαντήσεις, ίσως αυτό βοηθήσει το Σώμα, ιδίως δεδομένου του γεγονότος ότι στην αλληλογραφία τους σήμερα και μάλλον ήδη στα γραφεία τους υπάρχει μια πολύ συνεκτική και μακροσκελής απάντηση σε κάθε πτυχή της προφορικής ερώτησης που υπέβαλαν ο κ. Harbour και η κ. Guy-Quint και, δεύτερον, ένας πληρέστατος πίνακας 23 σελίδων, ο οποίος ανατρέχει σε καθεμία από τις 98 προτάσεις μεταρρυθμιστικής δράσης και παρέχει μια αναλυτική αναφορά της μέχρι σήμερα κατάστασης για καθεμία από αυτές, είτε αυτές οι προτάσεις έχουν ολοκληρωθεί και εφαρμοστεί, όπως συμβαίνει για αρκετές από αυτές, είτε βρίσκονται αυτή τη στιγμή στο επίπεδο των διαβουλεύσεων, είτε έχουν υποβληθεί στο Σώμα, στο Συμβούλιο ή και στα δύο, για τη νομοθετική τροποποίηση που απαιτείται προκειμένου να τεθούν σε ισχύ. Όλοι οι αξιότιμοι βουλευτές, μεταξύ αυτών ο κ. Pomιs Ruiz και ο κ. Dell'Alba και άλλοι που έχουν τέτοιου είδους ερωτήσεις, μπορούν απλά, ανατρέχοντας στον εν λόγω πίνακα, να λάβουν τις πλέον ενημερωμένες πληροφορίες που έχει κανείς στην Ευρωπαϊκή Ένωση, συμπεριλαμβανομένης και της ίδιας της Επιτροπής.
Προς απάντηση στις ερωτήσεις του κ. Harbour σχετικά με την καταγγελία δυσλειτουργιών και τον κώδικα καλής διοικητικής συμπεριφοράς, είναι προφανές ότι χρειαζόμαστε αλλαγές στον κανονισμό υπηρεσιακής κατάστασης προκειμένου να εξασφαλίσουμε τις απαραίτητες προόδους στην ισχύουσα νομοθεσία, όσον αφορά το καθήκον της αναφοράς πιθανών ατασθαλιών που έχουν επιπτώσεις στη χρηματοοικονομική ευημερία των Ευρωπαϊκών Κοινοτήτων. Η πρόταση έχει διατυπωθεί με αναλυτικό τρόπο. Επιδιώκουμε τώρα τη συνεργασία του Συμβουλίου και του Κοινοβουλίου όσον αφορά την εξέταση του εκσυγχρονισμού του κανονισμού υπηρεσιακής κατάστασης που θα λάβει χώρα το προσεχές έτος. Αισιοδοξώ ότι η συνεργασία αυτή θα είναι άμεση. Το αποτέλεσμα θα είναι ότι ο ευρωπαϊκός δημόσιος τομέας θα διαθέτει την καλύτερη και πλέον ασφαλή ρήτρα περιφρούρησης των συμφερόντων του προσωπικού, των θεσμικών οργάνων και της ευρωπαϊκής κοινής γνώμης από οποιαδήποτε άλλη δημόσια διοίκηση οπουδήποτε αλλού στην Ευρωπαϊκή Ένωση. Όσον αφορά τον κώδικα διοικητικής συμπεριφοράς, οι αρχές του εν λόγω κώδικα ορίζονται ήδη στον κανονισμό υπηρεσιακής κατάστασης. Στην καθημερινή πρακτική, εφόσον έχουμε εφαρμόσει τον κώδικα, η απάντηση στη σημερινή προφορική ερώτηση σχετικά με το κατά πόσο ο κώδικας διοικητικής συμπεριφοράς εντάσσεται στην πράξη στις δραστηριότητες της Επιτροπής, είναι ναι.
Όσον αφορά το θέμα της δομής της σταδιοδρομίας, φαίνεται ότι ο κόσμος είτε δεν έχει ενημερωθεί σωστά είτε έχει παραπλανηθεί. Διαβεβαιώνω το Σώμα ότι γενικά η πρόθεση της μεταρρύθμισης, και ειδικά η πρόθεση των προτάσεων που έχουμε διατυπώσει σχετικά με τη δομή της σταδιοδρομίας, δεν είναι να προσπαθήσουμε να μιμηθούμε ένα είδος ιδιωτικής πολυεθνικής στο δημόσιο τομέα. Πρόθεσή μας είναι να αποδείξουμε, να αξιολογήσουμε, να αναγνωρίσουμε την αξία και να ανταμείψουμε την εξέλιξη της σταδιοδρομίας ενός ατόμου βάσει των βέλτιστων αρχών των υπεύθυνων, αποτελεσματικών, ανεξάρτητων, επαγγελματικών δημόσιων υπηρεσιών σε επίπεδο Ευρωπαϊκής Ένωσης. Τίποτα λιγότερο, τίποτα περισσότερο. Εάν κάποιος προσπαθεί να δώσει την εντύπωση ότι με την πρόταση που υποβάλλουμε προσπαθούμε να φέρουμε τον ένα υπάλληλο αντιμέτωπο με τον άλλο, να καταστρέψουμε την πίστη που έχουν δείξει οι υπάλληλοι όλα αυτά τα χρόνια, να παραγνωρίσουμε τα μεμονωμένα προτερήματα των ατόμων, πλανάται πλάνη οικτρά.
Είμαι έτοιμος να υπεισέλθω στις πλέον αναλυτικές λεπτομέρειες προκειμένου να διασφαλισθεί ότι δεν θα επαναληφθεί η παρανόηση που έχει οδηγήσει σε διάφορες ανακοινώσεις από τις οποίες προκύπτει ότι ο στόχος και οι λεπτομέρειες των μέχρι τώρα προτάσεων δεν έχουν γίνει ουδόλως αντιληπτά. Με μεγάλη χαρά λέγω ότι στην Επιτροπή οι συνδικαλιστικές ενώσεις, ή οι περισσότερες ενώσεις που εκπροσωπούν τα μέλη του προσωπικού της Επιτροπής, έχουν μελετήσει αυτά τα θέματα σε κάθε τους λεπτομέρεια και έχουν ήδη αναπτύξει στάσεις και ιδέες που μπορούν να επιφέρουν σημαντική βελτίωση στις αρχικές προτάσεις και επιλογές που υποβάλαμε.
Με βάση τον εν λόγω εποικοδομητικό διάλογο και τις διαπραγματεύσεις, οι οποίες διήρκησαν τους 5 τελευταίους μήνες, παρουσιάζουμε τώρα ανανεωμένες και εκ νέου μελετημένες επιλογές που ελπίζω ότι θα γίνουν δεκτές όχι μόνο από το προσωπικό της Επιτροπής, αλλά και από τα άλλα θεσμικά όργανα. Δεν υπάρχει κανένας φόβος. Το προσωπικό, τα θεσμικά όργανα και το δημόσιο συμφέρον δεν έχουν τίποτε να χάσουν, αντιθέτως έχουν πολλά να κερδίσουν από τον εκσυγχρονισμό της παλαιάς δομής της σταδιοδρομίας στα θεσμικά όργανα της Ευρωπαϊκής Ένωσης η οποία έχει ηλικία άνω των 40 ετών. Όλα τα άλλα στην Ευρωπαϊκή Ένωση έχουν αλλάξει και είναι καιρός η δομή της σταδιοδρομίας και η αναγνώριση της δέσμευσης και της ικανότητας να ακολουθήσουν αυτήν την αλλαγή.
Θα ήθελα να πω στον κ. Pomιs Ruiz ότι οι απαντήσεις στα ερωτήματα που υπέβαλε, για παράδειγμα σχετικά με τον έλεγχο, είναι διαθέσιμες σε μια σειρά εγγράφων που έχουν διαβιβαστεί στο Κοινοβούλιο. Για μια γρήγορη και εύκολη ανεύρεσή τους, όμως, εφιστώ την προσοχή του στη δέσμη των πινάκων που θα βρει στο γραφείο του σήμερα ή αύριο το αργότερο - υποθέτω ότι σήμερα είναι εκεί - οι οποίοι θα του δώσουν πλήρεις και ενημερωμένες λεπτομέρειες για καθεμία από τις πτυχές που σχετίζονται με τη θέσπιση, την ανάπτυξη και τη λειτουργία της υπηρεσίας εσωτερικού ελέγχου, για παράδειγμα.
Ο κ. Miller αναφέρεται στην επιλογή της σωστής χρονικής στιγμής. Πρόκειται για ένα πολύ εύστοχο σημείο. Η δέσμευσή μας για διατήρηση της έντονης τάσης για μεταρρύθμιση δεν έχει καμία σχέση με τυχόν επιθυμία μας να πιέσουμε χρονικά την Επιτροπή, το προσωπικό της, το Κοινοβούλιο, το Συμβούλιο ή οποιονδήποτε άλλον. Το επιχείρημά μας είναι ότι, εφόσον διαχειριζόμαστε πολύ ουσιαστικές αλλαγές που αφορούν τα θεσμικά μας όργανα και τα άτομα που εργάζονται γι' αυτά, δεν είναι προς όφελος κανενός να καθυστερούμε, να αποφεύγουμε ή να παρατείνουμε άσκοπα τις συζητήσεις. Οι συζητήσεις πρέπει να είναι ενδελεχείς και οι διαπραγματεύσεις καθαρές και ενημερωμένες. Όταν όμως η προοπτική της αλλαγής επικρέμαται πάνω από τα κεφάλια των ατόμων, μπορεί να προκαλέσει την αποσταθεροποίηση, την αποθάρρυνση και την απογοήτευση, γεγονός που δεν είναι προς όφελος κανενός. Γι' αυτόν το λόγο, δεν βιαζόμαστε. Αυτές οι αλλαγές εξετάζονται με το σωστό και δημοκρατικό τρόπο στα πλαίσια μιας διαδικασίας διαβουλεύσεων και διαπραγματεύσεων. Έχουμε τηρήσει όλες τις σχετικές δεσμεύσεις και θα συνεχίσουμε να το πράττουμε.
Όσον αφορά το πακέτο της πρόωρης συνταξιοδότησης το οποίο ανέφερε ο κ. Miller, το πακέτο που έχουμε τώρα έχει διατηρήσει την ελκυστικότητά του για το προσωπικό και την ουδετερότητά του ως προς το κόστος. Έχουμε τηρήσει τις υποσχέσεις μας. Αυτό που χρειαζόμαστε τώρα είναι να δράσει γρήγορα και αποτελεσματικά το Συμβούλιο, διότι η αυξημένη αποτελεσματικότητα και ουδετερότητα του κόστους και τα οφέλη για τη λειτουργία της Ευρωπαϊκής Ένωσης που μπορούν να προκύψουν από την πρόταση που υπέβαλε η Επιτροπή το προηγούμενο έτος, θα μπορούσαν να μειωθούν δραστικά ή και να χαθούν εντελώς εάν υπεκφύγει οποιοδήποτε μέρος του Συμβουλίου. Αυτό δεν συμφέρει κανένα. Σημειώνω την άποψη της κ. Jensen: αυτό που προτείνουμε είναι ο συσχετισμός της προσπάθειας με την αναγνώριση της αξιολόγησης και την ανταμοιβή.
Νομίζω ότι έχω καλύψει το σημείο του κ. Marinho που αφορά τη φύση των προσπαθειών μας, οι οποίες είναι συνεπείς με τις αρχές του δημόσιου τομέα, αλλά έρχομαι τώρα στο σημείο του κ. Dell'Alba σχετικά με τη γλώσσα. Είναι ένας βουλευτής του Σώματος για τον οποίο τρέφω ιδιαίτερο σεβασμό παρά τις πολιτικές μας διαφορές. Το επιχείρημά του περί γλωσσικής ηγεμονίας ήταν φθηνό και, δυστυχώς, μειώνει το σεβασμό μου για το πρόσωπό του. Αυτό που λέγει δεν βρίσκει κανένα απολύτως έρεισμα σε τίποτα από όσα έχουν πει ή κάνει οι ομόλογοί μου Επίτροποι ή εγώ. Ίσως να μην το εννοούσε σοβαρά, αλλά νομίζω ότι στην Ευρωπαϊκή Ένωση του 2001 δεν θα πρέπει ούτε να αστειευόμαστε με τέτοια θέματα.
Ειπώθηκε ότι η μόνη μεταρρύθμιση που έχει γίνει μέσα στη διετία που ασκούμε καθήκοντα ως Επιτροπή, είναι η κατάργηση του μεταλλίου για τα 20 έτη υπηρεσίας. Όταν όμως ανατρέχω σ' αυτά τα δύο έτη, διαπιστώνω ότι τηρήσαμε τις υποσχέσεις μας να θεσπίσουμε, για εντελώς πρώτη φορά, μια ανεξάρτητη, επαγγελματική και στελεχωμένη υπηρεσία εσωτερικού ελέγχου, μια κεντρική δημοσιονομική υπηρεσία, δυνατότητες ελέγχου σε όλες τις γενικές διευθύνσεις, μια επιτροπή προόδου του ελέγχου η οποία δεν συγκρίνεται με κανέναν ανάλογο μηχανισμό στον ιδιωτικό ή τον δημόσιο τομέα οπουδήποτε αλλού στην Ευρωπαϊκή Ένωση. Έχουμε συντάξει έναν νέο δημοσιονομικό κανονισμό που υποβλήθηκε έγκαιρα, τόσο σε αυτό το Σώμα όσο και στο Συμβούλιο, και περιμένουμε να τεθεί σε ισχύ. Έχουμε αναπτύξει ένα σύστημα στρατηγικού σχεδιασμού και προγραμματισμού το οποίο, μέσω της κατάρτισης του προϋπολογισμού και της διαχείρισης βάσει των δραστηριοτήτων, μπορεί να εφαρμοστεί έγκαιρα στην Ευρωπαϊκή Επιτροπή με την προϋπόθεση ότι θα έχουμε την απαραίτητη υποστήριξη από αλλού. Έγκαιρα, σύμφωνα με τις υποσχέσεις που είχαμε δώσει την 1η Μαρτίου 2000, εκπονήσαμε την πλέον περίπλοκη και εκτεταμένη δέσμη προτεινόμενων μεταρρυθμίσεων για τη διοίκηση και τη συμπεριφορά του προσωπικού στην Ευρωπαϊκή Επιτροπή και στον ευρωπαϊκό δημόσιο τομέα, που είναι συγκρίσιμη με το έργο που έχουν εκτελέσει οι διοικήσεις των κρατών μελών σε πέντε και δέκα χρόνια.
Αποτελεί προσβολή για τα άτομα που εργάζονται στην Επιτροπή και για την τεράστια αφοσίωση που έχουν επιδείξει, εργαζόμενοι 75 ώρες την εβδομάδα ή περισσότερο, τον ένα μήνα μετά τον άλλο, να υποστηρίζεται ότι αυτή η Επιτροπή δεν έχει κάνει τίποτα αυτά τα δύο χρόνια. Δεν θα ανεχτώ τέτοιου είδους επίθεση ενάντια στους υπαλλήλους της Επιτροπής και στον τρόπο με τον οποίο έχουν δείξει την αφοσίωσή τους στο δημόσιο συμφέρον επιδιώκοντας να εκπληρώσουν την εντολή που ανάθεσε στην Επιτροπή αυτό το εκλεγμένο Σώμα.
Δεν έχουμε ολοκληρώσει τη μεταρρύθμιση. Θα χρειαστεί ορισμένος χρόνος μέχρι να εφαρμόσουμε ακόμα και τους μηχανισμούς της μεταρρύθμισης, πόσο μάλλον μέχρι να διασφαλίσουμε τις αλλαγές στις στάσεις, στις συμβάσεις, στη συμπεριφορά και στη λεγόμενη "νοοτροπία" που θα προκύψει. Μια ομάδα ατόμων αξίζει πραγματικά αναγνώρισης. Είναι οι δημόσιοι υπάλληλοι της Ευρωπαϊκής Ένωσης, τόσο αυτοί που έχουν συμβάλει στο σχεδιασμό και στην ανάπτυξη του προγράμματος μεταρρύθμισης, όσο και αυτοί που, σε καιρό αναταραχής, έχουν επιδείξει υπομονή, κατανόηση και αφοσίωση εξετάζοντας τις ιδέες που ακούγονται, μελετώντας τις προτάσεις που διατυπώνονται, προτείνοντας βελτιώσεις και δείχνοντας την καλή θέληση που καταδεικνύει ένα υψηλό πρότυπο επαγγελματικής αφοσίωσης στην υπόθεση της Ευρώπης.
Θα συνεχίσουμε σ' αυτό το δρόμο, ελπίζοντας να έχουμε τη συνεργασία και την εποικοδομητική υποστήριξη των μελών αυτού του Σώματος και του Συμβουλίου. Εάν όμως τελικά δεν καταφέρουμε να πραγματοποιήσουμε όλες τις απαιτούμενες αλλαγές στο χρόνο που έχουμε στη διάθεσή μας, ένα πράγμα που θέλω να εξασφαλίσω είναι ο κάθε φορολογούμενος πολίτης και ο κάθε ψηφοφόρος στην Ευρωπαϊκή Ένωση να καταλάβει ότι η αποτυχία της εκπλήρωσης των στόχων και των προθεσμιών δεν είναι σε καμία περίπτωση ευθύνη της Ευρωπαϊκής Επιτροπής ή των ατόμων που εργάζονται γι' αυτήν. Η ευθύνη για την μη εκπλήρωση της εντολής έγκειται αλλού - ίσως στο εσωτερικό των ίδιων των θεσμικών οργάνων που μας ανάθεσαν την εντολή το Σεπτέμβριο 1999. Προτιμώ πολύ περισσότερο να μπορέσω να δείξω στους πολίτες των κρατών μελών ότι το Κοινοβούλιο, το Συμβούλιο και η Επιτροπή άκουσαν και έλαβαν σοβαρά υπόψη τα αιτήματα για αλλαγή και εκσυγχρονισμό και ότι εργάστηκαν από κοινού για να επιτύχουν τις απαιτούμενες αλλαγές, προκειμένου οι πολίτες της Ευρώπης να έχουν την υψηλής ποιότητας, αποτελεσματική, διαφανή και επαγγελματική διοίκηση υψηλής ποιότητας που τους αξίζει.
Η Επιτροπή και το προσωπικό της έχουν αφοσιωθεί σ' αυτό το στόχο. Ελπίζω το Σώμα να συνεχίσει να δείχνει την ίδια αφοσίωση.
Dell'Alba
Κύριε Πρόεδρε, ζητώ τον λόγο επί προσωπικού ζητήματος, μόνο σχετικά με το ζήτημα της γλώσσας, διότι κατά τα άλλα πρόκειται για πολιτικό θέμα. Διαβάζοντας τη La Stampa της 15ης Αυγούστου έμαθα ότι οι κκ. Vιdrine και Fischer είχαν παραπονεθεί. Εγώ ήθελα να κάνω ένα understatement και, όπως τόνισε ο Επίτροπος, είναι δύσκολο να το κάνω σε άλλη γλώσσα από τη δική μου. Δεν τα κατάφερα, ζητώ συγνώμη για αυτό, ήταν προφανώς ένα joke, όπως είπε ο Επίτροπος. Κατά τα άλλα, πρόκειται για μία διαφορετική αξιολόγηση και σέβομαι αυτά που είπε ο Επίτροπος. Η παρατήρησή μου αφορούσε μόνο το πρώτο μέρος.
Πρόεδρος
Ευχαριστώ πολύ, κύριε Dell'Alba.
Η συζήτηση έληξε.
(Η συνεδρίαση λήγει στις 21.52)
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Tag: Michael Loy
We asked several local community leaders — plus our Editorial Board — to share what they’re grateful for in 2018 and what they’re looking forward to in 2019. Their answers run the gamut from A to Z… Awe-inspiring to zany! (Click the title to learn more.)
North Central Health Care (NCHC) achieved the Gold Seal of Approval for its commitment to providing safe and effective care. As NCHC has evolved to meet the needs of our community, it has remained steady in its person-centered, outcome-focused approach to ensuring that each individual receives customized, innovative care designed around his or her challenges.
Get the details on this local healthcare center’s latest distinction . . . (Click the title for details.)
Learn about the $67 million renovation plans for North Central Health Care with a comprehensive scope that will provide greater personal dignity and financial stewardship for Marathon County. (Click the title for details…)
Hospital re-admission rates for Wausau’s Mount View Care Center (MVCC) are only at 10.2%, compared with the national benchmark for nursing homes of 17.3%. MVCC is being recognized by Security Health Plan for providing superior services, such as shorter stays, high star-ratings, & successful achievement of goals set by therapists. (Click the title to learn more about this award-winning 200-bed local nursing home…)
Charged with the goal of raising half of the $6 million to fund a new pool by March 1, 2018, North Central Health Care received almost 600 pledges from community members, local foundations, & businesses, totaling just over $3.25 million to support the Warm Water Therapeutic Pool. (Click the title for details…)
North Central Health Care’s Warm Water Therapeutic Pool fundraising has secured over $2.3 million, but there’s only 1 month left to reach their $3 million goal. See why a therapy pool is needed in Central Wisconsin for pain management & to help combat the opiod crisis. (Click the title for details…)
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Ashley Adams
Ashley Phillip Adams (12 October 1955 – 17 March 2015) was an Australian Paralympic shooting medallist and cattle grazier.
Personal
Adams was born on 12 October 1955 in Toowoomba. He became a paraplegic in 1982 at the age of 26 after being involved in an accident at a local motorbike competition, where he fell off his motorbike and broke his back. Following his accident, he underwent a six-month period of rehabilitation. He was a cattle grazier who owned a station near Blackall, Queensland. He made extensive modifications to the station's infrastructure to improve his access to the land, including the installation of gates that open both ways. He produced TendaBeef, and supported the genetic breeding of cattle.
Adams died on 17 March 2015 after a quad bike accident on his farm. He was 59.
Competitive shooting
Adams was a competitive sport shooter. He started shooting competitively in 1993, after some previous experience with shooting working on farms. Events he competed in included R3 Mixed Air Rifle Prone, R1 Men's 10m Air Rifle Standing, R6 Mixed 50m Free Rifle Prone and R7 Free Rifle 3x40 50m. When he competed in club-based events, he represented the Charleville Small Bore Rifle Club. He shot from a prone position on the ground similar to that of Olympic competitors, instead of a prone position in his wheelchair. He had an Australian Institute of Sport scholarship from 1998 to 2000.
In 1998, Adams set a world record at the English Match. He finished first at the Swiss Open in 2002 and 2003. In 2007, he won a gold medal and a bronze medal at the Korean Cup. That same year, he finished first at the Australian Open Able-body Prone National Championship. In 2011, he competed in ISSF World Cup events in Turkey and Spain, where he finished first in the Spanish .22 event and second in the Turkish air rifle event. In Spain, he also picked up fourth place in the men's R7 50m rifle 3 position SH1 event and seventh in the R1 10m air rifle SH1 event.
In 2011, he was ranked first in the world in two different shooting events. In that year, he was also ranked as one of the top able-bodied open shooters in Australia. He was ranked in the top ten in the world for three events at the end of 2014.
Paralympics
Adams first represented Australia at an international level in the 1996 Atlanta Paralympics. He went on to compete at the 2000 Sydney, 2004 Athens, 2008 Beijing and 2012 London Paralympics. at the 2004 Athens Games, he won a silver medal in the Mixed Free Rifle Prone SH1 event and a bronze medal in the Men's Air Rifle Standing SH1 event. At the 2008 Beijing Games, he finished fourth in both the 10 m air rifle standing event the 50 m free rifle prone events. He finished in the top twenty in all four of his events at the 2012 London Games.
Recognition
Adams was recognised several times for his sporting accomplishments. He won a Merit Award given out by the Australian Paralympic Committee. He twice won the Male Athlete Senior Sporting Wheelies Award and received an Australian Sports Medal in 2000.
References
Category:1955 births
Category:2015 deaths
Category:Australian male sport shooters
Category:Paralympic shooters of Australia
Category:Paralympic silver medalists for Australia
Category:Paralympic bronze medalists for Australia
Category:Paralympic medalists in shooting
Category:Shooters at the 1996 Summer Paralympics
Category:Shooters at the 2000 Summer Paralympics
Category:Shooters at the 2004 Summer Paralympics
Category:Shooters at the 2008 Summer Paralympics
Category:Shooters at the 2012 Summer Paralympics
Category:Medalists at the 2004 Summer Paralympics
Category:Wheelchair category Paralympic competitors
Category:Recipients of the Australian Sports Medal
Category:People with paraplegia
Category:Sportsmen from Queensland
Category:Sportspeople from Toowoomba
Category:Accidental deaths in Queensland
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