scholarly journals Board-Level Codetermination in Germany - The Importance and Economic Impact of Fiduciary Duties

2021 ◽  
Author(s):  
Dieter Sadowski ◽  

The empirical accounts of the costs and benefits of quasi-parity codetermined supervisory boards, a very special German institution, have long been inconclusive. A valid economic analysis of a particular legal regulation must take the legal specificities seriously, otherwise it will be easily lost in economic fictions of functional equivalence. At its core the corporate actor “supervisory board” has no a priori objective function to be maximised – the corner stone of the theory of the firm – but its objective function will only be brought about a posteriori – should negotiations result in an agreement (E. Fraenkel). With this understanding,the paper presents six recent quasi-experimental studies on the economic (dis) advantageousness of the German codetermination laws that try to follow the rules of causal inference despite the lack of random variation. By and large they refute the hold-up model of codetermination by showing positive or nonnegative effects even on shareholder wealth – and a far-reaching improvement of the well-being of the core workforce. In conclusion, indications are offered that the shareholder primacy movement has only weakened, but not dissolved the “Deutschland AG”.

Author(s):  
Maria Armaou ◽  
Stathis Konstantinidis ◽  
Holly Blake

Objective: Psychological well-being has been associated with desirable individual and organisational outcomes. This systematic review aims to assess the effectiveness of digital interventions for the improvement of psychological well-being and/or the prevention/management of poor mental well-being in the workplace. Methods: This review protocol is registered in PROSPERO (CRD42019142428). Scientific databases including MEDLINE, Web of Science, CINAHL, PsycINFO, Cochrane Register of Controlled Trials (CENTRAL) and EMBASE will be searched for relevant studies published between January 1990 and July 2019. Studies will be included if they report specific primary and secondary outcomes of digital interventions delivered to adults in the workplace for the improvement of their psychological wellbeing and/or the prevention/management of poor mental well-being and were published in English. Following screening of titles and abstracts, full texts of potentially eligible papers will be screened in duplicate to identify studies that assess the effectiveness of those digital interventions. Discrepancies will be resolved through consensus or by consulting a third reviewer. An integrated narrative synthesis will assess included studies’ findings, and a meta-analysis will be performed if included studies appear to be homogeneous. The “Cochrane Collaboration’s Risk of Bias” tool and the JBI (Joanna Briggs Institute) Critical Appraisal Checklist for Quasi-Experimental Studies will be used to appraise included studies. Conclusion: The results of this work will provide recommendations on the use of digital interventions for the promotion of psychological well-being at work. It will also guide the development of future workplace digital interventions and subsequent primary research in this field.


2017 ◽  
Vol 36 (2) ◽  
pp. 192-204 ◽  
Author(s):  
Willyane de Andrade Alvarenga ◽  
Ana Carolina Andrade Biaggi Leite ◽  
Marina Sanches Oliveira ◽  
Lucila Castanheira Nascimento ◽  
Fernanda Machado Silva-Rodrigues ◽  
...  

Purpose: Although some studies have suggested that music can positively affect physical and psychological variables, few have evaluated its effects on spirituality. This study aimed to evaluate the effects of musical interventions on the spirituality of patients, regardless of diagnoses. Method: This was a systematic literature review that followed the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) recommendations conducted through a relevant search of terms in six databases (PubMed, Web of Science, CINAHL, PsycINFO, ScienceDirect, and LILACS) without temporal delimitation. Experimental or quasi-experimental studies were included, involving participants regardless of diagnoses, to assess the effect of music on spirituality, either through musical intervention as music medicine or through music therapy. The methodological quality of included studies was evaluated using the Physiotherapy Evidence Database scale. Results: A total of 147 studies were identified; 7 met the inclusion criteria. Five studies were randomized controlled trials involving six music therapists leading the musical intervention with the active participation of patients. The interventions used were heterogeneous. Three studies were associated with improved spirituality after the intervention. Four studies used measurements to evaluate spiritual well-being. Conclusion: This review did not allow ascertaining the positive impact of music intervention on spirituality in patients, which motivates further research.


2020 ◽  
Vol 10 (10) ◽  
pp. 419
Author(s):  
Ksenia Varakina-Mitrail ◽  
Yuliya Berezovskaya ◽  
Viktoriya Nechaeva ◽  
Irina Kholodova

Today, hundreds of millions of children under the age of 5 fall short of their development potential. Advances in neuroscience have confirmed that adult health and well-being are based on the developmental conditions and opportunities they had in early childhood, from conception to 24 months (first 1000 days) and then to the age of 5 (second 1000 days). Young children, who eat a healthy balanced diet, who are treated with care and attention, and who have more opportunities to learn, have a better chance to thrive. Data from a survey of adopted children, as well as experimental and quasi-experimental studies, showed that prevention of stunting is most effective during the first 1000 days and developmental delays in both the first and second 1000 days. External factors affect cognitive development significantly less after this period, and the older a person becomes, the less effective educational programs are, and the longer it takes to learn a new skill. In this regard, it is necessary to identify the degree of influence of nutrient components, such as polyunsaturated fatty acids and lutein, on the cognitive development of the child in the first year of life, as it determines the intellectual potential of the person throughout life. The goal of this review is to review the existing literature to find out how certain food components (polyunsaturated fatty acids and lutein) affect infant and toddler brain development.Keywords: omega-3, omega-6, polyunsaturated fatty acids, lutein, cognitive development


BMJ Open ◽  
2021 ◽  
Vol 11 (2) ◽  
pp. e042667
Author(s):  
Carla Betina Andreucci ◽  
Veronique Filippi ◽  
Jose Guilherme Cecatti

IntroductionThe 2016 WHO antenatal guidelines propose evidence-based recommendations to improve maternal outcomes. We aim to complement these recommendations by describing and estimating the effects of the interventions recommended by WHO on maternal well-being or functioning.Methods and analysisWe will conduct a systematic review of experimental and quasi-experimental studies evaluating women’s well-being or functioning following the implementation of evidence-based antenatal interventions, published in peer-reviewed journals through a 15-year interval (2005–2020). The lead reviewer will screen all records identified at MEDLINE, EMBASE, CINAHL Plus, LILACS and SciELO. Two other reviewers will control screening strategy quality. Quality and risk of bias will be assessed using a specially designed instrument. Data synthesis will consider the instruments applied, how often they were used, conditions/interventions for positive or negative effects documented, statistical measures used to document effectiveness and how results were presented. A random-effects meta-analysis comparing frequently used instruments may be conducted.Ethics and disseminationThe study will be a systematic review with no human beings’ involvement, therefore not requiring ethical approval. Findings will be disseminated through peer-reviewed publication and scientific events.PROSPERO registration numberCRD42019143436.


2020 ◽  
pp. 43-51
Author(s):  
Yu.I. Shvets ◽  
◽  
◽  

The article is devoted to a comprehensive study of German legislation regarding the right regulation of the work of supervisory boards of joint stock companies — banks. During the writing of the article, the main legislative acts of Germany, the current version of which was published on the official website of the Federal Ministry of Justice and Consumer Protection (Bundesministeriums der Justiz und für Verbraucherschutz), were studied and analyzed, as well as scientific articles by German scientists and practitioners. Corporate legislation of Germany is compared with the legislation of Ukraine regarding the legal regulation of the activity of banks, which are joint stock companies. It is established that the banking activity should be performed by a legal entity in the form of a joint stock company. The two-tier system of governance with supervisory boards and executive boards, as well as a clear division of powers of management and control between these bodies, must be mandatory for banks. Suggestions were made on the possibility of electing not only shareholders and independent directors, but also other bank stakeholders, to the Supervisory Boards, in particular the election of employees, trade unions and, as a consequence, strengthening the influence of the labor collective on the management of the company. Emphasis is placed on the existence in German corporate law of provisions allowing the election, in certain cases, of members of the supervisory boards in court for the application of the list of persons defined by law. It is concluded that such practice is not practicable in Ukraine at this time due to the lack of speed of court proceedings and the possibility of unfair actions to influence the joint stock company on this basis. It is proposed to provide a mechanism for appealing the decisions of the Supervisory Board by the company Executive Board. The implementation of these innovations could strengthen the system of checks and balances in the management of the bank, namely to ensure mutual control of the supervisory board and the executive board of the bank, as well as to make it impossible (to prevent) the possibility of making decisions that could lead to negative consequences in the activity of the bank. There are a number of other statements and suggestions that can be used in further legislative work to improve the legal regulation of corporate governance in Ukraine.


1996 ◽  
Vol 10 (6) ◽  
pp. 436-452 ◽  
Author(s):  
Roy J. Shephard

Purpose. To examine the methodology of worksite fitness and exercise programs and to assess their effect on health-related fitness, cardiac risk factors, life satisfaction and well-being, and illness and injury. Search methods. The 52 studies reviewed cover English-language literature for the period from 1972 to 1994, as identified by a search of the Cumulative Index Medicus, Medline, the Canadian Sport Documentation Centre's “Sport Discus,” computerized bibliography, and my own files. Reports were divided into five controlled experimental studies, 14 quasi-experimental studies with matched controls (one reported in abstract), and 33 other interventions of varied quality. Summary. Methodologic problems include difficulty in allowing for Hawthorne effects, substantial sample attrition, and poor definition of the intervention (exercise or broad-based health promotion). Findings are analyzed by specific fitness and health outcomes. Program participants show small but favorable changes in body mass, skinfolds, aerobic power, muscle strength and flexibility, overall risk-taking behavior, systemic blood pressure, serum cholesterol, and cigarette smoking. Claims of improved mood state are based heavily on uncontrolled studies. Quasi-experimental studies suggest reduced rates of illness and injury among participants, but seasonal and year-to-year differences in health weaken possible conclusions. Conclusions. Participation in worksite fitness programs can enhance health-related fitness and reduce risk-taking behavior, but population effect is limited by low participation rates.


2020 ◽  
Vol 112 (5) ◽  
pp. 57-70
Author(s):  
NESKORODZHENA Larysa

Background. The draft law on the requirements for independent members of the supervisory boards of state-owned enterprises submitted by the People's Deputy of Ukraine makes it impossible for foreigners to participate in the supervisory boards of a state-owned enterprise. The main requirements in the bill are citizenship, age, period of residence in Ukraine and knowledge of the state language, but there are no professional requirements. In this regard, it is worth conducting a study on the participation of foreigners in the supervisory boards of state-owned enterprises. An analysis of recent research and publications has shown that, despite the existence of scientific achievements, an important scientific and practical problem of participation of foreigners in the supervisory boards of state-owned enterprises has not yet been fully explored. The purpose of the article – is the participation of foreigners in the supervisory board of state enterprises. Materials and methods. In the course of the research general and special methods of cognition of legal phenomena and processes were used: dialectical, system approach, formal-logical, generalization, comparative jurisprudence. The information base of the article is the constitutional, corporate and economic legislation of Ukraine, the decision of the Constitutional Court of Ukraine, the works of domestic scientists. Results. A study of current legislation, the practice of the Constitutional Court of Ukraine, scientific work on the participation of foreigners in the supervisory boards of state enterprises. According to the results of the study, the participation of foreigners in the supervisory boards of state enterprises is due to the need to disseminate the experience of effective corporate governance. Secondly, Ukrainian legislation does not prohibit the participation of foreigners in the supervisory boards of state enterprises. Thirdly, the participation of foreigners in the supervisory boards of state-owned enterprises does not pose a threat to Ukraine's national danger, as under certain conditions foreigners may even be admitted to state secrets. But information about the activities of a state-owned enterprise is not a state secret. Conclusion. The state is a guarantor of equal protection of all economic entities, regardless of ownership. All subjects of property rights are equal before the law in exercising their rights and obligations. In this regard, foreigners have the same rights and obligations as citizens of Ukraine. The appointment of foreigners to the supervisory board of a state unitary enterprise is not a threat to the national security of Ukraine. Information on the activities of such a state-owned enterprise is not information with limited access, on the contrary, state-owned enterprises are obliged to publish information on their financial and economic activities annually. There are no restrictions in the legislation of Ukraine on the appointment of foreigners to the supervisory boards of state unitary enterprises. It is impossible to agree with the proposals contained in the draft Law № 3487 of 15.05.2020 on the requirements for candidates for the position of an independent member of the Supervisory Board.


Crisis ◽  
2016 ◽  
Vol 37 (6) ◽  
pp. 415-426 ◽  
Author(s):  
Yik-Wa Law ◽  
Paul S. F. Yip ◽  
Carmen C. S. Lai ◽  
Chi Leung Kwok ◽  
Paul W. C. Wong ◽  
...  

Abstract. Background: Studies have shown that postdischarge care for self-harm patients is effective in reducing repeated suicidal behaviors. Little is known about whether volunteer support can help reduce self-harm repetition and improve psychosocial well-being. Aim: This study investigated the efficacy of volunteer support in preventing repetition of self-harm. Method: This study used a quasi-experimental design by assigning self-harm patients admitted to the emergency departments to an intervention group with volunteer support and treatment as usual (TAU) for 9 months and to a control group of TAU. Outcome measures include repetition of self-harm, suicidal ideation, hopelessness, and level of depressive and anxiety symptoms. Results: A total of 74 cases were recruited (38 participants; 36 controls). There were no significant differences in age, gender, and clinical condition between the two groups at the baseline. The intervention group showed significant improvements in hopelessness and depressive symptoms. However, the number of cases of suicide ideation and of repetition of self-harm episodes was similar for both groups at the postintervention period. Conclusion: Postdischarge care provided by volunteers showed significant improvement in hopelessness and depression. Volunteers have been commonly involved in suicide prevention services. Further research using rigorous methods is recommended for improving service quality in the long term.


10.29007/2k64 ◽  
2018 ◽  
Author(s):  
Pat Prodanovic ◽  
Cedric Goeury ◽  
Fabrice Zaoui ◽  
Riadh Ata ◽  
Jacques Fontaine ◽  
...  

This paper presents a practical methodology developed for shape optimization studies of hydraulic structures using environmental numerical modelling codes. The methodology starts by defining the optimization problem and identifying relevant problem constraints. Design variables in shape optimization studies are configuration of structures (such as length or spacing of groins, orientation and layout of breakwaters, etc.) whose optimal orientation is not known a priori. The optimization problem is solved numerically by coupling an optimization algorithm to a numerical model. The coupled system is able to define, test and evaluate a multitude of new shapes, which are internally generated and then simulated using a numerical model. The developed methodology is tested using an example of an optimum design of a fish passage, where the design variables are the length and the position of slots. In this paper an objective function is defined where a target is specified and the numerical optimizer is asked to retrieve the target solution. Such a definition of the objective function is used to validate the developed tool chain. This work uses the numerical model TELEMAC- 2Dfrom the TELEMAC-MASCARET suite of numerical solvers for the solution of shallow water equations, coupled with various numerical optimization algorithms available in the literature.


2020 ◽  
Vol 18 (3) ◽  
pp. 111-116
Author(s):  
Dulce Marieli Danieli ◽  
Fabíola De Almeida Gomes ◽  
Bruna Eibel ◽  
William Dhein

INTRODUÇÃO: O diafragma é o principal músculo respiratório e desempenha um papel importante na respiração e na regulação fisiológica. Uma terapia que visa melhorar essas condições referentes ao diafragma, é a técnica de liberação manual diafragmática. OBJETIVO: O objetivo deste estudo foi verificar a aplicabilidade clínica das técnicas manuais de liberação diafragmática e identificar as principais técnicas, populações investigadas, variáveis avaliadas e seus desfechos. MÉTODOS: Foram pesquisadas as seguintes bases de dados: PubMed, Scielo e Science Direct, com os descritores “Diaphragm [Mesh]” e “Musculoskeletal Manipulations [Mesh]” com seus correspondentes no mesmo idioma. Foram incluídos ensaios clínicos randomizados, não randomizados, estudos semi, quase-experimentais e estudos pilotos ou de caso, que abordaram técnicas de liberação manuais diafragmáticas.RESULTADOS: Há variadas técnicas de liberação diafragmática, sendo as mais mencionadas: normalização dos pilares do diafragma, alongamento e estiramento do diafragma, relaxamento dos pilares do diafragma. Além disso, as técnicas de liberação diafragmática vêm sendo associadas a protocolos de terapia manipulativa osteopática (TMO). As principais populações estudadas foram de pacientes saudáveis, com lombalgia, cervicalgia, osteoartrite, asmáticos, doença pulmonar obstrutiva crônica, constipados, cardiopatas e com refluxo gastroesofágico. Os principais desfechos avaliados são variáveis musculoesqueléticas (dor, flexibilidade, amplitude, espessura diafragmática), variáveis cardiorrespiratórias (pressão inspiratória/expiratória máxima (PImax e Pemax), mobilidade torácica, frequência cardíaca e respiratória), qualidade de vida e disfunções gastrointestinais/gastroesofágicas. CONCLUSÃO: A aplicabilidade clínica das técnicas de liberação diagramática está sendo investigada associado com outras técnicas osteopáticas, em protocolos de TMO em pacientes saudáveis, pneumopatas, cardiopatas, gestantes, em cicatriz pós-cirúrgica, constipados, com refluxo gastroesofágico, osteoartrite, cervicalgia e com lombalgia. Evidencia-se: diminuição ou eliminação das dores musculoesqueléticas, aumento da flexibilidade, ADM, Pimáx e Pemáx, aumento da mobilidade torácica, aumento da qualidade de vida, diminuição do inchaço e dor abdominal e sem efeito em cardiopatas.ABSTRACT. Clinical applicability of manual diaphragmatic release techniques: a systematic review.BACKGROUND: The diaphragm is the main respiratory muscle and plays an important role in breathing and physiological regulation. A therapy that aims to improve these conditions regarding the diaphragm, is the manual diaphragmatic release technique.OBJECTIVE: The aim of this study was to verify the clinical applicability of manual diaphragmatic release techniques and searching the main techniques, population, evaluated variables, and outcomes. METHODS: The following electronic databases were searched: PubMed, Scielo, and Science Direct, with the descriptors “Diaphragm [Mesh]” and “Musculoskeletal Manipulations [Mesh]” with their correspondents in the same language. There were included randomized clinical trial, non-randomized clinical trials, semi, and quasi-experimental studies, and pilot or case studies, which addressed manual diaphragmatic release techniques.RESULTS: There are various diaphragmatic release techniques, the most mentioned are: normalization of the diaphragm pillars, stretching of the diaphragm, relaxation of the diaphragm pillars, and protocols for osteopathic manipulative therapy (OMT) for the diaphragm. The main populations studied were healthy patients, with low back pain, asthmatics, chronic pulmonary obstructive disease, constipated, cardiac patients, and gastroesophageal reflux. The main outcomes assessed are musculoskeletal variables (pain, flexibility, range of motion, diaphragmatic thickness), cardiorespiratory variables (maximal inspiratory/expiratory pressure (MIP and MEP), chest mobility, heart, and respiratory rate), quality of life, and gastrointestinal/ gastroesophageal disorders.CONCLUSION: The clinical applicability of diagrammatic release techniques is being investigated in association with other osteopathic techniques, in protocols of OMT in healthy subjects, patients with lung diseases, heart disease, pregnant women, scar tissue, constipated, with gastroesophageal reflux, osteoarthritis, cervicalgia and with low back pain. There is evidence of reduction and elimination of musculoskeletal pain, increased MIP, increased chest mobility, an increase in health quality, a decrease of bloating and abdominal pain related to constipation, and a decrease of reflux symptoms.


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