Der Zusammenhang von Kontrahierungszwang und Beschränkung der vertraglichen Inhaltsfreiheit am Beispiel von Entgeltregelungen für Basiskonten

2019 ◽  
Author(s):  
Marcus Liebetrau
Keyword(s):  
Daily Life ◽  
New Right ◽  
Political Discussion ◽  
Bank Account ◽  
General Significance ◽  
Eu Directive ◽  
Bank Accounts ◽  
The Moment ◽  
The Eu

This thesis investigates the interaction between the obligation to contract and the limitations to the free bargaining of the conditions of these contracts, in theory as well as in practice, focusing on the new right of consumers to open a basic bank account. It is the aim of the EU Directive and the German “Zahlungskontengesetz (ZKG)” to guarantee consumers’ access to a basic bank account in order to ensure that consumers may participate in non-cash payments. Yet, the effectivity of the ZKG’s obligation to contract is significantly impaired at the moment, resulting from the fact that the banks may charge an “appropriate” account fee for the opening and the account processing of the basic bank accounts. Hence, the thesis focuses on the problems related to the account fees, especially on the question which account fees are actually “appropriate”. Furthermore, the thesis investigates the general significance of bank accounts in daily life, the legal and political discussion which ultimately led to the enactment of the EU Directive and the German “Zahlungskontengesetz (ZKG)” and the new restrictions for the banks in connection with the dismissal of basic bank accounts.

scholarly journals The Academization of Midwifery in the Context of the Amendment of the German Midwifery Law: Current Developments and Challenges

2019 ◽  
Vol 79 (08) ◽  
pp. 854-862 ◽  
Author(s):  
Claudia Plappert ◽  
Joachim Graf ◽  
Elisabeth Simoes ◽  
Stefani Schönhardt ◽  
Harald Abele
Keyword(s):  
Higher Education ◽  
Training System ◽  
Current Standard ◽  
Federal States ◽  
Eu Directive ◽  
Professional Science ◽  
Standard Training ◽  
The Moment ◽  
The Individual ◽  
The Eu

AbstractGermany faces the challenge of enforcing the academization of midwifery training in the upcoming months in order to comply with Directive 2013/55/EU. This paper outlines the related developments and challenges. At the moment, midwifery training in Germany is still predominantly carried out in technical colleges. In 2019, less than 20% of midwifery training places were college-based. The current standard training is a dual training system which combines vocational training with academic-based courses, but this approach will no longer be feasible once the EU directive has been fully implemented. Although the existing draft legislation completely transfers midwifery training to institutions of higher education, various aspects of this concept have remained vague and do not take account of the laws on higher education in the individual federal states. Moreover, if midwifery training is to be provided by both universities and colleges, this will lead to quite different levels of academization within a relatively small professional group. The concept that universities offer primary qualifications comes closest to the required quality standards for professional, science-based, practical and evidence-based midwifery training.

Would you Make the Right Decision? – Decision Making Biases in Economy - Related Dilemmas

2018 ◽  
Vol 9 (1) ◽  
pp. 59-66
Author(s):  
Zsuzsanna Gödör ◽  
Georgina Szabó
Keyword(s):  
Decision Making ◽  
Online Survey ◽  
Framing Effect ◽  
Economic Knowledge ◽  
Bank Account ◽  
Financial Decisions ◽  
Hungarian Population ◽  
The Moment ◽  
The Right ◽  
Decision Making Biases

Abstract As they say, money can’t buy happiness. However, the lack of it can make people’s lives much harder. From the moment we open our first bank account, we have to make lots of financial decisions in our life. Should I save some money or should I spend it? Is it a good idea to ask for a loan? How to invest my money? When we make such decisions, unfortunately we sometimes make mistakes, too. In this study, we selected seven common decision making biases - anchoring and adjustment, overconfidence, high optimism, the law of small numbers, framing effect, disposition effect and gambler’s fallacy – and tested them on the Hungarian population via an online survey. In the focus of our study was the question whether the presence of economic knowledge helps people make better decisions? The decision making biases found in literature mostly appeared in the sample as well. It proves that people do apply them when making decisions and in certain cases this could result in serious and costly errors. That’s why it would be absolutely important for people to learn about them, thus increasing their awareness and attention when making decisions. Furthermore, in our research we did find some connection between decisions and the knowledge of economics, people with some knowledge of economics opted for the better solution in bigger proportion

BIOETHICAL AND LEGAL ASPECTS OF THE USE OF ANIMALS FOR SCIENTIFIC PURPOSES

2020 ◽  
pp. 10-15
Author(s):  
D. A. Lebedeva ◽  
Yu. A. Shcheglov
Keyword(s):  
Legal Aspects ◽  
Modern Concept ◽  
Member States ◽  
Ethical Attitude ◽  
Eu Directive ◽  
History Of ◽  
History Of Bioethics ◽  
The Eu

This work scrutinizes modern bioethical concepts of the use of animals for scientific purposes, as well as legal aspects of its use. Initially, the authors present a brief excursion into the history of bioethics and then focus on the modern concept of ethical attitude to the animals used for scientific purposes. The authors analyze the EU Directive on the protection of animals used for scientific purposes, as well as the EAEU acts and by-laws of the EAEU member states, and conclude that it is necessary to adopt a supranational act within the EAEU that will regulate the use of animals for scientific purposes in accordance with the principles of reduction, replacement and refinement.

Medical Device Regulation: Requirements for Dental Professionals Who Prescribe and Manufacture Custom-Made Devices

2021 ◽  
Vol 10 (1) ◽  
pp. 64-88
Author(s):  
James I. J. Green
Keyword(s):  
Medical Device ◽  
Medical Devices ◽  
Transition Period ◽  
Eu Directive ◽  
Custom Made ◽  
Dental Setting ◽  
The Uk ◽  
Dental Professionals ◽  
The Eu ◽  
Medical Device Regulation

A custom-made device (CMD) is a medical device intended for the sole use of a particular patient. In a dental setting, CMDs include prosthodontic devices, orthodontic appliances, bruxism splints, speech prostheses and devices for the treatment of obstructive sleep apnoea, trauma prevention and orthognathic surgery facilitation (arch bars and interocclusal wafers). Since 1993, the production and provision of CMDs have been subject to European Union (EU) Directive 93/42/EEC (Medical Device Directive, MDD) given effect in the UK by The Medical Devices Regulations 2002 (Statutory Instrument 2002/618), and its subsequent amendments. Regulation (EU) 2017/745 (Medical Device Regulation, EU MDR) replaces the MDD and the other EU Directive pertaining to Medical Devices, Council Directive 90/385/EEC (Active Implantable Medical Device Directive, AIMDD). The EU MDR was published on 5 April 2017, came into force on 25 May 2017 and, following a three-year transition period was due to be fully implemented and repeal the MDD on 26 May 2020, but was deferred until 26 May 2021 due to the coronavirus disease 2019 (COVID-19) pandemic. In the UK, in preparation for the country’s planned departure from the EU, the EU MDR, with necessary amendments, was transposed into UK law (Medical Devices (Amendment etc.) (EU Exit) Regulations 2019, UK MDR). The UK left the Union on 31 January 2020 and entered a transition period that ended on 31 December 2020, meaning that, from 1 January 2021, dental professionals in Great Britain who prescribe and manufacture CMDs are mandated to do so in accordance with the new legislation while Northern Ireland remains in line with the EU legislation and implementation date. This paper sets out the requirements that relate to the production and provision of CMDs in a UK dental setting.

Assessment of the Culture of Care working with laboratory animals by using a comprehensive survey tool

2021 ◽  
pp. 002367722110144
Author(s):  
Thomas Bertelsen ◽  
Kirstine Øvlisen
Keyword(s):  
Performance Indicators ◽  
Essential Elements ◽  
Laboratory Animals ◽  
Survey Tool ◽  
Culture Of Care ◽  
Eu Directive ◽  
Comprehensive Picture ◽  
Comprehensive Survey ◽  
Definition Of ◽  
The Eu

The term Culture of Care, within the scientific community using laboratory animals, is being used more and more frequently after it was introduced in the EU Directive 2010/63/EU, where it is phrased as a ‘climate of care’, which became effective in national legislation from January 2013. However, there is a risk that the term could become a meaningless phrase if no agreed local definition of the term exists at the animal facility (called establishment in the EU Directive). This paper presents a comprehensive survey tool that provides a means to describe what the Culture of Care in an establishment looks like. The tool is one of the elements that can contribute to the overall picture of the culture; however, it cannot stand alone. Together with an evaluation of the effectiveness of the Culture of Care (e.g. key performance indicators) and a description of the outcomes and achievements in terms of animal welfare and the 3Rs (Replace, Reduce, Refine), the survey tool will constitute a comprehensive picture. The survey tool offers a multilevel and comprehensive view of different subcultures, presenting details on mindset and behaviour of the employees and the different relations within the culture, thus enabling the initiation of improvement projects if required. The tool addresses essential elements of a co-operative culture in terms of what we think, what we do and how we work together.

scholarly journals Robots for Elderly Care in the Home: A Landscape Analysis and Co-Design Toolkit

2021 ◽  
Author(s):  
Gianluca Bardaro ◽  
Alessio Antonini ◽  
Enrico Motta
Keyword(s):  
Large Scale ◽  
Daily Life ◽  
Elderly Care ◽  
Real Life ◽  
Robotic Platform ◽  
Holistic View ◽  
Personal Assistants ◽  
Healthcare Interventions ◽  
The Impact ◽  
The Eu

AbstractOver the last two decades, several deployments of robots for in-house assistance of older adults have been trialled. However, these solutions are mostly prototypes and remain unused in real-life scenarios. In this work, we review the historical and current landscape of the field, to try and understand why robots have yet to succeed as personal assistants in daily life. Our analysis focuses on two complementary aspects: the capabilities of the physical platform and the logic of the deployment. The former analysis shows regularities in hardware configurations and functionalities, leading to the definition of a set of six application-level capabilities (exploration, identification, remote control, communication, manipulation, and digital situatedness). The latter focuses on the impact of robots on the daily life of users and categorises the deployment of robots for healthcare interventions using three types of services: support, mitigation, and response. Our investigation reveals that the value of healthcare interventions is limited by a stagnation of functionalities and a disconnection between the robotic platform and the design of the intervention. To address this issue, we propose a novel co-design toolkit, which uses an ecological framework for robot interventions in the healthcare domain. Our approach connects robot capabilities with known geriatric factors, to create a holistic view encompassing both the physical platform and the logic of the deployment. As a case study-based validation, we discuss the use of the toolkit in the pre-design of the robotic platform for an pilot intervention, part of the EU large-scale pilot of the EU H2020 GATEKEEPER project.

scholarly journals Realizing the Social Dimension of EU Coastal Water Management

2021 ◽  
Vol 13 (4) ◽  
pp. 2261
Author(s):  
David Langlet ◽  
Aron Westholm
Keyword(s):  
Coastal Waters ◽  
Spatial Planning ◽  
Focal Point ◽  
Current System ◽  
Social Systems ◽  
Ecological Systems ◽  
Social Dimension ◽  
Eu Directive ◽  
The Social ◽  
The Eu

In the last 20 years, the EU has adopted some rather ambitious pieces of legislation with the aim to achieve a good environmental status in freshwater and marine ecosystems. Both the Water Framework Directive (WFD) and the Marine Strategy Framework Directive (MSFD) have a strong focus on the natural environment and biological criteria for assessing the status of the relevant ecosystems. In the same time period, much research on environmental governance has focused on the interconnectedness of social systems and ecosystems, so-called social-ecological systems (SES). While having high aspirations, the legal frameworks underpinning current EU water and marine management do not necessarily reflect the advances of contemporary science relating to SES. Using the geographical intersection of the two directives, i.e., coastal waters as a focal point, the paper explores the inchoate integration of social and ecological perspectives in the EU marine governance. What are the main challenges for the current EU legal regimes for managing coastal waters in a way that builds on the understanding of social and ecological systems as interconnected? Having explored the two directives, the paper introduces the possibility of using marine spatial planning (MSP), and the EU directive establishing a framework for maritime spatial planning (MSPD) as a bridge between the social and ecological dimensions and discusses what implications this would have for the current system for governing coastal waters in Europe.

scholarly journals Identification of Cost-Optimal Measures for Energy Renovation of Thermal Envelopes in Different Types of Public School Buildings in the City of Valencia

2021 ◽  
Vol 11 (11) ◽  
pp. 5108
Author(s):  
María Esther Liébana-Durán ◽  
Begoña Serrano-Lanzarote ◽  
Leticia Ortega-Madrigal
Keyword(s):  
Public Schools ◽  
Energy Consumption ◽  
Public Administration ◽  
School Buildings ◽  
Regulatory Requirements ◽  
Building Stock ◽  
Eu Directive ◽  
Global Cost ◽  
The City ◽  
The Eu

In order to achieve the EU emission reduction goals, it is essential to renovate the building stock, by improving energy efficiency and promoting total decarbonisation. According to the 2018/844/EU Directive, 3% of Public Administration buildings should be renovated every year. So as to identify the measures to be applied in those buildings and obtain the greatest reduction in energy consumption at the lowest cost, the Directive 2010/31/EU proposed a cost-optimisation-based methodology. The implementation of this allowed to carry out studies in detail in actual scenarios for the energy renovation of thermal envelopes of public schools in the city of Valencia. First, primary school buildings were analysed and classified into three representative types. For each type, 21 sets of measures for improving building thermal envelopes were proposed, considering the global cost, in order to learn about the savings obtained, the repayment term for the investment made, the percentage reduction in energy consumption and the level of compliance with regulatory requirements. The result and conclusions will help Public Administration in Valencia to draw up an energy renovation plan for public building schools in the city.

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