Lisbon Treaty and EU Constitution

Lisbon Treaty and EU Constitution To what extent do the reforms enshrined by the Lisbon Treaty enhance the legitimacy of the European Union? The European Court of Justice (ECJ) in the Van Gend en Loos- case pointed out that he European Union (EU) is and remains a ‘new legal order of international law.[1] Therefore we cannot achieve legitimacy in the same way as nation states, where concepts such as a collective identity and a constitution are present. The EU is sui generis of its own kind, peculiar and unique in the world, fundamentals like supremacy, direct and indirect effect, and state liability are present so neither the way in which other international organisations derive their legitimacy is suitable in the case of the EU.[2] Throughout my readings I found out that there are many theories, and difference of opinions of what legitimacy in the context of the EU would involve because of its complex internal structure and way of functioning. I shall aim to explore why legitimacy in the context of the EU is so sufficient and how, from a legal perspective, this is been reached by the Lisbon Treaty. The integration of the EU from the beginning of the 1950s when the Treaty of Paris was signed, especially the increasing of EU competence since 1992, till the current Treaty of Nice, has been developed so far that the member states share its decision-making powers with the EU as well as accept policies coming from the EU. When a system has decision-making powers in a wide range of policy competence it is important that it possess legitimacy.[3]The failed Constitutional Treaty referenda in France and the Netherlands in 2005 were an unexpected event that had damaging effect to the plans of the EU for its integration and prior to this the citizens for instance of Denmark (Treaty of Maastricht 1992), Ireland (2001Treaty of Nice) and Sweden (EMU 2003) had also voted negatively which had the effect that developments for EU citizens gave the image that the EU institutions are inefficient, not transparent and unaccountable.[4] This and the fact that the EU keeps reforming its Treaties, espec ially since 1986 Single European Act, presumes a legitimacy crisis.[5] Amongst scientists many theories developed to attempt to justify the ‘legitimacy of the EU.[6] There has been a tendency to combine the concepts of ‘democratic deficit and ‘legitimacy crisis.[7] Democratic deficit is that where decisions are moved from national Parliaments and the citizens; where decisions are taken by civil servants behind closed doors and laws are made via agreements between all member states whereby it is impossible for an individual country, acting alone, to make or change an EU law; where citizens vote and influence at national level has no guaranteed effect upon what occurs at EU level.[8] Its remarkable that most scientists could not agree on the existence of a democratic deficit despite the concern of EU officials and national politicians. In 2001 the Commission published its seminal White Paper on European Governance in which it based its sweeping proposals for EU institutional reform on â€Å"principles of good governance,† includin g openness, participation and accountability. [9] These principles were described as the underpinning of democracy, not only for the Member States, but also for the Union. Also in this year the Laeken Declaration on the future of the EU was adopted which noted that the EU â€Å"derives its legitimacy from the democratic values it projects, the aims it pursues and the powers and instruments it possesses† as well as from its â€Å"democratic, transparent and efficient institutions.†[10] Nevertheless, the document set forth a lengthy list of questions illustrating the need to â€Å"increase the democratic legitimacy† of the EUs institutions.[11] The Member States recognized ‘the need to improve and to monitor the democratic legitimacy and transparency of the Union and its institutions, in order to bring them closer to the citizens of the Member States.[12] They agreed to convene a new intergovernmental conference (IGC) in 2004 in order to agree the necessary changes in the Treaties.[13] According to Sharpf, a political scientist who is basically in the for front of European studies and whos concepts are often used in literature when legitimacy is discussed, legitimacy is the relation between the ruler and the ruled. ‘Citizens values must be reflected and incorporated in the decision-making system.[14] Political systems can only reach legitimacy when they have the competence or the power to decide how it will be governed, which guarantees that the government is of the people, by the people and for the people.[15] Sharpf thus has identified three important types of legitimisation with regard to the EU. ‘Output legitimacy refers to government for the people where support is granted on the basis of improved efficiency in provision of goods and services, as well as an increased European problem-solving capacity and where the legitimacy is derived from interest of the people.[16] ‘Input legitimacy refers to government by the people with main features lik e direct legitimation through the elected European Parliament; citizens participation and consultation; and better transparency in taking decisions so where policies and choices must be a reflection of the will of people.[17] ‘Borrowed legitimacy refers to government of the people where indirect legitimation through the member states and their democratic representatives operating at different levels.[18] The ‘borrowed and the ‘output theories are difficult to justify legitimacy in the light of the EU though there are scientist who disagree, as we will see later on.[19] And from the above mentioned we can draw among others a conclusion that more emphasis to decrease ‘democratic deficit will increase the legitimacy of the EU. Therefore a need for a greater ‘input legitimacy which is related to increased citizen participation, better representation, improved accountability and efficient and transparent decision-making procedures has been viewed as one poss ible solution. The EU can be divided into two parts. An intergovernmental structure[20] which includes the European Council and the Council of Ministers and the regulatory structure[21] which includes the European Parliament, European Central Bank (ECB) and the ECJ. Moravcsik and Majone emphasizing that effectiveness is one of the proper means to legitimise the EU, so the ‘output legitimacy is the best way to do this.[22] An intergovernmental component, where international features dominate (European Council, Council of Ministers, and the second and third ‘pillars of the TEU), and a communitarian component where supranational features are most evident (European Parliament and Courts, Commission, and the policies and activities included in the first ‘pillar of the TEU). Now, even if it is true that the democratic character of the Member States is According to Moravcsik the EU does not deal with democratic deficit in the intergovernmental part[23] simply because of its distinctive objectives where the preferences and the power of the states are important, where the policies are the result of states bargaining and where supranational elements are of less importance to policy outcomes. The EU is either a state nor a federation or a confederation and it avoids any risk of becoming a ‘technocratic superstate.[24] That makes the outlook and requirement of legitimacy different. The legitimacy of the EU system is derived from ‘indirect accountability of the nation state where ‘indirect democracy is enforced through the ratification from the treaties by democratically accountable governments.[25] ‘Constitutional checks and balances, indirect democratic control by national governments, and the increasing powers of the European Parliame nt are sufficient to ensure that the EU policymaking is, in nearly all cases, clean, transparent, effective and politically responsive to demands of European citizens.[26] Moreover because of its simple and limited organisation, EU does not need the ‘input legitimacy to become legitimate. ‘The EU, broadly speaking, does not tax, spend, implement, coerce or, in most areas, monopolistic public authority. It has no army, police, and intelligence capacity, and a miniscule tax base.[27] Yet the EU enjoys sufficient democratic support. The institutions are supported by either direct or indirect accountability. The European Parliament is comprised by directly elected representatives and it is increasingly taking over powers from the Commission. Moreover it can control the legislative proposals from the Commission, by rejecting or proposing amendments to the Council. The Council of Ministers, which is more powerful, also enjoys democratic accountability and responsibility for policy outputs. Commissioners and the judges of the European Court of Justice are chosen by directly elected national governments. The power is also vertically divided between the Commission, Council, Parliament and Court, and then horizontally between local, national and transnational levels. Thereby a concurrent majority is necessary for any action to be initialised. The ability of the EU to operate within the areas of its competence is also constrained. The powers of the executive, legislative and judiciary are separate in order to prevent abuse of power. The multi-level construction of decision-making and the plurality of executives all constitute checks and balances established to prevent arbitrary actions. The democratic deficit discussion has only emerged because of applying idealistic views of input dimensions of democracy on the EU. The legitimacy is sufficient in the current situation because of member states democratic legitimacy and the numerous procedures installed to prevent the EU from bolting away to become a technocracy. There are however elements that are not supported by indirect democracy. The regulatory element of the EU refers to these institutions. According to Majone the regulatory element achieves legitimacy by non-majoritarian forms of democracy. This model has to do with protecting minorities from the majority by distributing the powers between institutions instead of placing it in the hands of the majority. The European regulators neither seek nor take instructions from any Government. They are independent from direct democratic control simply because they are not elected and have little or no direct accountability. Although this implies a democratic deficit it still can be legitimate. National governments, which has power for a specific period, focus on short term problems which usually do not bring long term effect. The energy to produce the best policies lacks because of the time aspect. This causes credibility problems within the member states, hence it was better that decision-making powers have been delegated to independent institutions of the EU. The areas where the powers have been delegated to these institutions, are the same areas as on national level. At the same time, acts of government can be perceived as legitimate for what they achieve which is called the ‘substantive legitimacy. ‘Independent agencies can produce legitimate decisions as long as they create welfare for all, whilst only elected officials can make legitimate decisions where welfare is re-distributed. F. Scharpf, Governing in Europe Effective and Democratic? (Oxford 1999) IN LIBRARY Adam Smith Library Politics F100 SCHAR A. Arnull, Introduction: the EUs Accountability and Legitimacy Deficit in A. Arnull D. Winscott, Accountability and Legitimacy in the EU (Oxford, 2002), D. Chalmers et al., European Union Law: Text and Materials (Cambridge, 2006), D. Chalmers G. Monti, European Union Law: Updating Supplement (Cambridge, 2008), P. Craig G. de Burca, EU Law: Text, Cases and Materials 4th edn. (Oxford, 2007), A. Moravcsik, ‘In Defence of the ‘Democratic Deficit: Reassessing Legitimacy in the EU (2002) 40 Journal of Common Market Studies 603. Majone, G. (1998) ‘Europes Democratic Deficit. European Law Journal, Vol. 4, No. 1, pp. 5-28. Scharpf, Fritz (1994) â€Å"Community and Autonomy: Multilevel Policy-Making in the European Union†, Journal of European Public Policy 1(2): 219-42 Scharpf, Fritz (1997) â€Å"Economic Integration, Democracy and the Welfare State†, Journal of European Public Policy, 4(1): 18-36 Obradovic, Daniela (1996) â€Å"Policy Legitimacy and the European Union†, Journal of Common Market Studies 34(2): 191-221 Roles in the legislative and executive processes need to be clearer; Eu institutions and all those involved in developing and implementing EU policy at whatever level must explain and take responsibility for what it does in Europe; it implies that institutional and decision-making structures should be kept as simple as possible: see A. Arnull, Introduction: the EUs Accountability and Legitimacy Deficit in A. Arnull D. Winscott, Accountability and Legitimacy in the EU (Oxford, 2002), 2-3. Efficiency (institutions): Easier decision-making Use of qualified majority voting (QMV) is extended to new areas, and becomes the general rule which means an increasing decision-making of the Union.[28] Redefined as 55% of member states, comprising at least fifteen of them, representing 65% of the population and a blocking minority must include four Member States.[29] This new QMV will not become effective before 2014, and Member States may continue to have recourse to the Nice voting rules until 2017.[30] However, the ‘Ioannina compromise applies, and ‘emergency brakes are made available in selected areas.[31] This means member states right of veto despite the application of the co-decision procedure, for instance in relation to the coordination of national social security systems: a Member State may refer the matter to the European Council where important aspects of its social security system would be affected by a legislative draft.[32] One Union The Lisbon Treaty confers legal personality expressly on the EU, giving it the capacity to enter into legal relationships with other parties in its own right. But the European Community (in relation to the first pillar) has always had express legal personality and the EU implicitly has had legal personality to the extent that it has the power to enter into international agreements under articles 24 and 38 of the current TEU. Conferring legal personality expressly on the Union will have the effect that the other attributes such status, such as the ability to join international organisations or to take, or be subject to, proceedings in international tribunals, will apply to the EU in the areas currently covered by the second and third pillar.[33] Enhanced cooperation Already exists under the current Treaties were it is possible for a group of Member States to harmonise law and integrate further than all of the member states as a collective group.[34] The most important changes in the Lisbon Treaty which are reflections of changes already made in other contexts, namely the fact that the rules on enhanced cooperation are consolidated in the TFEU (instead of having a specific set of rules for enhanced cooperation in each pillar), is due to the fact that the pillars are absorbed into the EU.[35] Regarding the role of the institutions in the procedure for enhanced cooperation, it can be said that the Commission and the European Parliament gain powers, especially in the field of PJCCM (consent of the EP instead of mere consultation). However, a separate procedure remains in place for the CFSP. [36] A truly new element is the ‘emergency exit procedure in the area of PJCCM.[37] European Council Is a newcomer in the list of formal EU institutions.[38] The President of the Council is elected for 2.5 years (renewable once) by the European Council on QMV.[39] The President chairs the European Council, ‘drive(s) forward and ensures the preparation and continuity of its work.[40] ‘At his level and in that capacity, s/he ensures the external representation of the Union on issues concerning its common foreign and security policy, without prejudice to the powers of the High Representative of the Union for Foreign Affairs and Security Policy.[41] Commission Ensures the Unions external representation, ‘with the exception of the common foreign and security policy, and other cases provided for in the Treaties.[42] President is elected by European Parliament, and nominated by the European Council by QMV taking account of the result of parliamentary elections.[43] The number of Commissioners will be reduced to two-thirds of the number of Member States after 2014, unless the European Council decides otherwise.[44] The college includes the New High Representative for Foreign Affairs and Security Policy (HR CFSP) as one of Commission Vice President (VP).[45] The HR CFSP/ VP of the Commission is double-hatted. It combines functions of current HR for CFSP and Commissioner for External Relations, though his/her exact portfolio remains to be clarified, both within the Commission and the Council, and in relation to the presidents of the Commission and the European Council, respectively.[46] HR is head of the new European External Action Servic e whose activities remain to be determined by a specific Council decision.[47] Parliaments: National Parliaments Become ‘guardians of the subsidiarity principle. It may force the Commission to reconsider a legislative proposal on the grounds of a breach of subsidiarity (‘yellow card).[48] The matter may end up being referred to the Council and Parliament (‘orange card), and may even lead to proceedings before the Court of Justice[49] Involved in the scrutiny of Europols activities and the evaluation of Eurojusts activities[50] European Parliament Expanded legislative powers thanks to the extension of the co-decision procedure and through enhanced influence in a renewed budgetary procedure.[51] It has a decisive role in electing the President of the European Commission and also installs the whole Commission, including the HR CFSP/ VP.[52] Its composition is 750 members maximum + 1 president. Revised distribution of seats which entails a degressive proportionality, minimum threshold of six MEPs per Member State, and maximum of ninety-six seats.[53] Exact distribution to be decided by the European Council[54] Accountability: Clarification of competences The Lisbon Treaty is much more explicit in attributing competences. Arts. 4(1) and 5 TEU state the fundamental principles relating to competences. In addition, it is stated (twice!) that competences not given to the EU remain with the Member States. The TFEU contains a special title on ‘Categories and areas of Union Competence.[55] This title mentions, and defines, different types of competences and it lists the (most) relevant areas. Like the present Treaties, the Lisbon Treaty does not provide a list of negative competences, i.e. of areas where EU law can never have any influence.[56] Simplification of the Unions instrument The main changes provided for in the Lisbon Treaty are on the one hand, the various legal instruments that are used in the present 2nd and 3rd pillars are abolished, while on the other hand, a distinction is made between legislative and non legislative acts.[57] The instruments are listed in Art. 288 TFEU ‘regulations, directives, decisions, recommendations and opinions were only the definition of ‘decision is amended. Citizen values: Citizens rights in elections The only change made to Art. 19 EC consists of the fact that the words ‘acting unanimously on a proposal from the Commission are replaced by ‘acting unanimously in accordance with a special legislative procedure.[58] Citizens initiative The following picture emerges from a comparison between the current article 21 EC and its equivalent in the TEU and TFEU: Art. 21 EC: ‘Every citizen of the Union shall have the right to petition the European Parliament in accordance with Article 194. Every citizen of the Union may apply to the Ombudsman established in accordance with Article 195. Every citizen of the Union may write to any of the institutions or bodies referred to in this Article or in Article 7 in one of the languages mentioned in Article 314 and have an answer in the same language. Art. 11(4) TEU: ‘No less than one million citizens who are nationals of a significant number of Member States may take the initiative of inviting the European Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Treaties. Art. 24 TFEU: ‘The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall adopt the provisions for the procedures and conditions required for a citizens initiative within the meaning of Article 11 of the Treaty on European Union, including the minimum number of Member States from which such citizens must come. Every citizen of the Union shall have the right to petition the European Parliament in accordance with Article 227 TFEU. Every citizen of the Union may apply to the Ombudsman established in accordance with Article 228 TFEU. Every citizen of the Union may write to any of the institutions, bodies, offices or agencies referred to in this Article or in Article 13 of the Treaty of European Union in one of the languages mentioned in Article 55(1) of the Treaty on European Union and have an answer in the same language. Transparency: A new Title II of the TEU concerns democratic principles.[59] It requires the EU institutions to give ‘citizens and representative associations the opportunity to make known and publicly exchange their views regarding ‘all areas of EU action.[60] It expressly requires an ‘open, transparent and regular dialogue with representative associations and civil society.[61]It requires also, among other things, that the Commission shall carry out consultations with parties in order to ensure that EU actions are ‘transparent.[62] As for the institutions, it requires the Council to ‘meet in public when it deliberates and votes on a draft legislative act, with no exceptions provided for.[63] Article 15 of the TFEU which replace Article 255 of the current EC Treaty, would deal in more detail with the issue of openness. First of all, all of the ‘institutions, bodies, offices and agencies of the EU has to ‘conduct their work as openly as possible, ‘in order to promote good governance and ensure the participation of civil society.[64] The European Parliament has to meet in public, as well as the Council when considering and voting on legislative acts.[65] The rules concerning the adoption of legislation on access to documents will now apply to all EU institutions, bodies, offices and agencies, instead of just the Council, Commission and European Parliament.[66] The current article 286 EC Treaty which requires the European Parliament and the Council to adopt data protection legislation applying to the EU institutions within the scope of the ‘first pillar only applies now to the current ‘third pillar as well, along with the public authorities of M ember States.[67] However, the new Treaty Article does not apply to the adoption of legislation governing the private sector. The new Article 298 TFEU would provide first of all that EU ‘institutions, offices, bodies and agencies shall have the support of an open, efficient and independent European administration. Next, there is a new legal power to adopt regulations to that end. This could be a legal base to adopt rules on access to EU information as distinct from access to EU documents, and to adopt rules relating to other aspects of the EUs current ‘Transparency Initiative, including rules on the regulation of lobbyists and on consultations. Some of these issues are addressed in the European Ombudsmans proposed Code of Conduct on good administration, which has been approved in some form by some EU bodies and institutions already. Finally, the Treaty of Lisbon would specify that the EUs Charter of Rights will have the same legal value as the Treaties (Article 6 TEU). The Charter includes the right of access to documents, the right to good administration (which arguably encompasses the right to open administration, including access to information) and the right of data protection. This could possibly enhance the enforceability of those rights within the EU legal system. C-26/62 Van Gend en Loos v Nederlandse Administratie der Belastingen (1963) ECR1. D. Chalmers et al., European Union Law: Text and Materials (Cambridge, 2006), 52 Obradovic, Daniela (1996) â€Å"Policy Legitimacy and the European Union†, Journal of Common Market Studies 34(2): 193 Obradovic, Daniela (1996) â€Å"Policy Legitimacy and the European Union†, Journal of Common Market Studies 34(2): 192-193 1951/52 Paris, 1957/58 Rome, 1986/87 SEA, 1992/93 Maastricht, 1997/99 Amsterdam, 2001/03 Nice, 2007/09 Lisbon D. Chalmers et al., European Union Law: Text and Materials (Cambridge, 2006), bekijk dit ff Obradovic, Daniela (1996) â€Å"Policy Legitimacy and the European Union†, Journal of Common Market Studies 34(2): 191-221 Een van de boeken dat uitlegd wat democratic deficit is (majone 14/15) European Commission (2001a) European Governance: a White Paper, COM (2001) 428 final Laeken Declaration (2001) â€Å"Laeken Declaration on the Future of the European Union†, 15 December 2001, SN 300/01 ADD1 ibid P 9 of accountability sharp sharp sharp sharp sharp expert agencies that are independent of direct political control where international features dominate (European Council, Council of Ministers, and the second and third ‘pillars of the TEU), P 605 Moravcik Article 16(3) TEU, Article 294 TFEU D. Chalmers and G. Monti, European Union Law: Updating Supplement (Cambridge University Press, 2008) 27. Article 16 TEU, Protocol No 36 on transitional provisions, Articles 3 and 4. Declaration No 7 on Article 48 TFEU. Article 48 TFEU. By Great Britain: European Union Committee, The Treaty of Lisbon: an impact assessment (10th report 2007-08 Volume 1: Report), 33. See above n. 31, p 6 Article 20 TEU referring to Articles 326-334 TFEU. Articles 82(3), 83(3), 86(1), 87(3) TFEU. Article 15 TEU, Articles 235 and 236 TFEU. Article 27(3) TEU. Article 15(6) TEU. ibid (Art. 17(1) TEU) Article 17(7) TEU, Declarations No 6 and 11. (Art 17(5) TEU, Declaration No 10) ibid Article 18 TEU, Declarations No 6 and 12 Article 27(3) TEU. Art. 12(b) TEU): Art. 8 of Protocol No 2 on the application of the principles of subsidiarity and proportionality. Articles 88(2) and 85(1) TFEU respectively. (Art. 314 TFEU); TEU; Declarations No 6 and 11 See above n. 31, p 28 14(2) TEU; Declaration No 4 (Arts. 2-6). TFEU Articles 288, 289 and 290 TFEU. Art. 22 TFEU See above 31, p6 Article 11(1)TEU Article 11(2) TEU Article 11(3) TEU Article 16(8) TEU Article 15(1) TFEU Article 15(2) TFEU, Article 16(8) TEU Article 15(3) TFEU Article 16 of the TFEU

Congestive Heart Disease Essay

The main function of a healthy heart is to ensure proper blood flow throughout the body and supplying all the organs with the nutrients that are necessary for survival. Congestive heart failure (CHF) is also known as Congestive heart disease, but for this paper we will use failure, Consistent with the research. Congestive heart failure is a disease that primarily causes the heart to be compromised. This leaves the heart unable to perform the main function of pumping blood throughout the body to maintain homeostasis. Congestive heart failure affects mostly individuals 65 years and older; however it can happen at any time. Anderson, et al 2010). According to Goldberg & Konstam, â€Å"It is also one of the most common forms of heart disease. Approximately 4. 9 million Americans suffer from CHF, with about 400,000 new cases diagnosed annually. † (as cited in Mithal, Mann, & Stone, 2002, p. 46). Prevention methods are important factors for avoiding this disease. There are several treatments available for congestive heart failure that focus on reducing fluids from the body to remove congestion from the heart or reduce blood pressure in the arteries. The heart can be described as muscular pump; it’s primary function is to pump blood. The heart consists of four chambers. The upper two chambers are called the atriums and the lower two chambers are called the ventricles. As the heart contracts, blood is pumped through the body with the assistance of four heart valves. Blood that is low in oxygen flows back to the heart after circulating through the body. The blood enters through veins and enters the right atrium. This chamber empties blood through the tricuspid valve into the right ventricle. The right ventricle continues to pump the blood under low pressure through the pulmonary valve into the pulmonary artery. The blood is now directed to the lungs where it gets fresh oxygen. After the blood is oxygenized, the blood will have a bright red appearance, and it is now considered rich with oxygen. The blood will now return to the left heart through the pulmonary veins to the left atrium. From there it passes through the mitral valve and enters the left ventricle. The left ventricle pumps the oxygenated blood out through the aortic valve into the aorta. The aorta takes blood to the body’s general circulation. Congestive heart failure is the inability of the heart to sufficiently supply the body with oxygenated rich blood adequately. The hearts primary function is to move blood throughout a network of vessels. The blood provides the cells of the body with oxygen and nutrients needed while also removing waste products of the body and releasing carbon dioxide. Organs such as the brain, liver, lungs, intestines and kidneys are also compromised. When the weakened muscles of the heart is unable to supply the kidneys with the necessary amount of blood the kidneys are compromised. The kidneys are now unable to perform their function of excreting sodium and water. This causes the body to retain fluid, which directly affects the lungs. The lungs now become congested with fluids known as pulmonary edema. The liver is similarly affected with the accumulation of fluids due to the inability to excrete wastes. This causes a huge accumulation of toxins in the body. The intestines will also be affected and will not be able to absorb the necessary nutrients for daily function. Without treatment CHF will eventually corrupt and attack every organ of the body. Common symptoms include swollen legs or ankles and difficulty breathing. Weight gain is often seen due to the accumulations of fluid within the body. (American Heart Association, 2010 ; Anderson, et al 2010). There are several factors that commonly contribute to congestive heart failure. Coronary heart disease is an accumulation of plaque resulting in a narrowing or hardening of the arteries that supplies blood to the heart muscle known as the myocardium. This is the most common type of heart disease resulting in the leading cause of death for men and women in the United States. (MedlinePlus, 2010). Another factor is hypertension (high blood pressure), which refers to high pressure found in the arteries. Approximately one in three adults in the United States (73 million people) are estimated by The American Heart Association (2010) to be diagnosed with high blood pressure. A myocardial infarction, producing a thick scar tissue and interfering with the heart muscle’s normal function is another factor which could result in a heart attack. Heart valve disease has been linked to congestive heart failure as well. This could be a result of an outbreak of rheumatic fever or some other causes. Another factor contributing to congestive heart failure would be an infection of the heart lining known as endocarditis causing damage to the heart valves or possibly a myocardium of the heart known as myocarditis. Other common causes are alcohol and drug abuse, arrhythmias, obesity, ardiomyopathy and congenital heart defects. (American Heart Association, 2010). There are several ways to prevent congestive heart failure. Diet management is a key factor in securing a future without congestive heart failure. Maintaining a proper diet is crucial. Being overweight will act as a burden to the heart causing it to work harder to pump blood throughout the body. It is necessary to reduce sodium intake to avoid retaining fluids. The next step would be to increase potassium intake. Individuals who have congestive heart failure are usually prescribed diuretics to help excrete fluids causing a loss of potassium. Potassium can be found in green leafy vegetables and most fruits, particularly bananas, oranges, and dried fruit. Other factors for congestive heart failure prevention would involve exercise, no smoking and limited alcohol consumption. (Health-cares, 2010). There are many factors used for treatment for congestive heart failure. Various drugs are incorporated into treatment for congestive heart failure. The uses of drugs are intended for reducing fluids within the body or to reduce blood pressure in the arteries of the body. Typical drugs used for treatment are Ace inhibitors, beta-blockers, digitalis, diuretics and vasodilators. Beta-blockers are intended to improve function for the left lower ventricular pumps. Diuretics are intended to assist in eliminating products that primarily contribute to congestion such as salt and water. Digitalis serves a very important role in strengthening the heart so it can serve as a more efficient, reliable, and effective pump. Treatment may involve surgery if the failure is a result of a poor functioning heart valve. Surgery could involve repair or replacement of a heart valve or in drastic cases, replacement of the heart itself. General treatment will also consist of exercise, weight loss, rest and specific attention to maintaining a suitable diet plan. (American Heart Association, 2010). The Practice Framework of a person that has congestive heart failure is greatly affected. Individuals must reduce the amount of exertion on their bodies to prevent over stimulating the heart. The limitations caused by the failure make performing even routine tasks more difficult. Some of the activities of daily living (ADL’s) that this individual might have issues with might be, getting dressed and undressed, toileting, personal hygiene, bathing and eating. Some Instrumental ctivities of daily living (IADL’s) that might be affected could include preparing meals, taking medications, shopping (food or clothes), using the phone, house work, managing money and bills. As an Occupational Therapist (OT), One can educate patient/individual on the importance of reduced fluids and stress will make for a better heart and a healthier individual. The individual needs to learn that sucking or chewing on an ice cube is better than drinking a glass of water. Due to the increasing amount of fluids the medications are trying to get out of the body, drinking would be just adding more to the body and also adding more tress on the body. The roles/routines/habits will have to change because of the congestive heart failure and how the individual now has to take it slower and easier to get the job done. OT addresses any shortness of breath (SOB) and fatigue that might accrue during any of their daily living activities, routines, habits ect. Individuals learn to use adaptive equipment to help decrease the energy used to get the job done. Examples would consist of using a shower instead of a tub (if applicable), have grab bars inside and outside the shower, have a bath bench/chair with a hand-held shower head and a long handled sponge for easier athing. Less bending over for easier dressing/undressing by using open front garments with buttons/snaps, using a button hook if need be; use a dressing stick to put on lower extremities (LE) garments. Use a lighter comforter for less weight; use a step stool to reach things to reduce straining. Keep the house cooler and if the patient/individual is SOB outside have a portable pocket hand held fan/fan with mister. To reduce strain and stress have a garbage can with wheels would be very useful. One more example might be to have a recliner to keep legs up as well as change positions frequently for circulation. OT’s also each how to break down the tasks into small components to make the task at hand more manageable. For instance laundry is a big task for anyone, so instead of doing all the laundry in one day, do smaller loads spread out or one load a day. Pull the laundry out of the drier and hang it up as soon as laundry is done to save the wrinkles and then having to iron in addition too. Use lighter pots and pans to cook with. Having the appliances at arm’s length, waist level, within easy to reach to help with saving body energy. OT’s do whatever it takes to get the individual back to independently living a healthier life to the best of their ability. Congestive heart failure is a condition that needs to be specifically addressed and treated. The condition can be managed by complying with lifestyle changes, following a treatment plan, and taking prescribed medications. Without following a treatment plan the disease will consume the organs of the body causing irreversible damage. It is important to be aware of limitations concerning the disease to avoid over exertion which can be fatal. â€Å"Early intervention in the treatment of Congestive heart failure is crucial in providing the best outcome. † (Ciccone, 2007).

The Downside Risk of Essay Samples Admission That No One Is Talking About

The Downside Risk of Essay Samples Admission That No One Is Talking About Finding the Best Essay Samples Admission The school will probably supply you with a word limit, which means you wish to select a topic that fits that word count. Although most directions will be straightforward, you don't know whether the school will ask you to address certain questions on the given topic. Help colleges learn something about you they can't discover when reading the remainder of your application. Characteristics of Essay Samples Admission Admission essays are important documents that students need to submit as they pursue a place to learn in a specific institution. Sometimes graduate programs will provide you feedbackask! Carefully read via the site of the university or college to which you're applying. Today, most college students find it difficult to compose an essay on a specific topic. Essay Samples Admission Options An essay synthesizes so many things that your child has learne d over recent years. It's extremely hard to disguise adult involvement in an essay that's supposed to be written by means of a child applying to middle school or higher school. The diversity of the student body will permit me to explore new ideas that I haven't been exposed to before. A good instance of a question a parent might be asked is the way the parent thinks their kid will add to the school. Getting admission into your treasured high school might be the desire of your heart. Essentially, a nursing school essay enables the nursing school admission body to learn more about you. Your child is going to do just fine. Social workers are predicted to retain empathy and compassion when managing people. It's better to purchase essays from experts who do their very best to make certain that the quality is all up to standard. Choose information and ideas that are not reflected in different parts of your application. It's possible to rely on us for the very best professional writing service you could discover on the marketplace. You can also obtain expert help at a little price. Because you are interested in getting the essay to communicate the very best information about you, you should do thorough preparation for the sample college admission essays to accomplish its purposes. When you buy your essay from us, you will get the maximum quality of writing. As a consequence, you prefer doing your essays by yourself. Our admission essay examples can prove that we're here in order to provide simply the ideal assistance to assure you which you submit an application essay you could be confident in. You aren't able to recover all the elements of social work in 1 essay however, you can accentuate your ideas on specific subtheme. You could opt for a topic that you're not interested in and wind up straining to compose the appropriate idea. All you have to do is specify if you want your essay to be delivered. A well-presented essay that doesn't exceed the term limit works the very best. So for those who have an essay assigned that you require help with, you can purchase essay online cheap from us. Writing a high school essay if you've got the tips about how to do essay effectively. Your essay is going to have more rhetorical force if you think in what you're saying. If you are in need of a well-crafted essay, then you can depend on us to deliver. The admission committee want to understand what drives you as an individual and learn more regarding your potential. Write about whether you agree with their assessments and the way they make you feel. The credentialing procedure is fluid. Realistically, the graduate school application procedure is competitive, and you may not receive in the very first time you apply.

Open Court Observation On Criminal Cases - 1335 Words

I chose to do my open-court observation on criminal cases. Criminal cases usually involve attorneys that try to prove their argument to the judge. I felt as though this setting would be more interesting to sit and observe versus a civil case where you have two people trying to settle a dispute. Its interesting to see how actual attorneys and judges act in a courtroom instead of what is portrayed on TV. My local courthouse which is in a police station holds preliminary hearings. A preliminary hearing is where the judge decides if there is enough evidence that there was a crime committed and you committed a crime. If the prosecutor fails to do this, then some or all the charges filed against you can be dismissed. There was two different parts to this process that I saw during my observation. The first one is when the defendant waives their hearing. Then the second being where the defendant decides to go through with the hearing. During my observation there was about ten cases, and all but two of them followed through with the hearing. This was very surprising to me as I watched because I couldn’t understand why someone wouldn’t want to at least see if the prosecution had sufficient evidence against them. Also it doesn’t even give their lawyer a chance to argue on their behalf against the prosecution. The first formal person to walk into the courtroom was the public defender. I watched as he called out names, and spoke briefly to nearly every person in the room. My immediateShow MoreRelatedCourtroom Observation Experience Involved Watching Four Trials1685 Words   |  7 PagesMy courtroom observation experience involved watching four trials in Remand Court. Each case stood out in a different way, leaving me with several questions about the legal system. I wonder about the effect of court system on adolescent offenders their reintegration into society. I also question the effectiveness of the defense that public defenders provide. My last thought involves the possibility that judges may be biased in making their decisions. One of the things that stood out to me inRead MoreFour Basic Components of the Fifth Amendment1382 Words   |  5 PagesInstead, new charges would have to be filed showing the individual violated another area of the law. (Sundahl, 2011) Due process is when all criminal suspects are guaranteed that they will have the ability to question the evidence against them in an open format. This is where they are entitled to the same protections and procedures as everyone else during a criminal proceeding. As a result, anything that is denying them of these safeguards is violation of their basic rights. (Sundahl, 2011) The rightRead MoreUsing Thermal Scanning Technology Without Permission1120 Words   |  5 Pagesyou for your civil rights. The government cannot proceed with an unreasonable search. (Kyllo v. Unites States) The court issued a 5-4 decision (AFFIRMING) or overturning (circle one) the original court decision (usually referencing the district court decision). (2 points) Explain the court s decision (majority opinion) (8 points): Justice Scalia delivered the opinion of the Court: The question whether a warrantless search of a home is reasonable and hence constitutional must be answered no inRead MoreCase Analysis : The Counsel For The Accused Was Mr. Bryan, And The Crown Lawyers1090 Words   |  5 PagesSummary of Facts This case’s file number was VA 27088, and was taking place in Courtroom 75, at 10:00 am. The counsel for the accused was Mr. Bryan, and the Crown lawyers were Mrs. Steele and Mrs. Kilgore. The case was about Mr. Hamdan, a thirty-three years old man lived in Fort St. John, who accused of posting terrorist propaganda online. He also creates a website that has instructions and rewards listed for a person who carries out a terrorist activity. The crown charged him with â€Å"counseling toRead MoreSocial Constructionism Theory Of Crime And Media1253 Words   |  6 PagesStates Supreme Court and Superior State courts to both protect the publics’ right to free speech, and the rapid rise of electronic media sources that followed the constitutional right’s expansion. The ever-fluctuating court cases and changing legal definitions are in part results due to the Bill of Rights’ first and sixth amendments, which ensure free speech of the press and the right to fair trial respectively. The first amendment grants the press open access to trials and court records due toRead MorePrison Industrial Complex ( Pic )1472 Words   |  6 PagesPrison Industrial Complex (PIC) is a term we use to depict the interests of government and industry that utilization observation, policing, and detainment as answers for what may be, in fact, monetary, social, and political issues. Through its range and effect, the jail modern complex secures the power of individuals who get their energy through racial, monetary and other auxiliary benefits by shielding current power conveyances. It benefits government and industry, and in addition those peopleRead MoreEssay about Justice System: A Personal Experience1243 Words   |  5 PagesCA for the morning session. My goal entering there was to watch the process of a criminal trial since I felt that would be the most interesting and would allow me the opportunity to witness all the working parts of our justice system in act ion. While waiting for the criminal trial to open its doors and start, I managed to come across a post- arraignment court, where I was able to watch a different side of our criminal justice system. This is the side that enforces the punishment and makes sure thatRead MoreThe United Nations Security Council1740 Words   |  7 Pages42-year rule. The International Criminal Court first became involved in Libya on 26 February 2011. On that date, the United Nations Security Council (UNSC) passed Resolution 1970, which referred the case of Libya to the International Criminal Court. According to the language of the resolution, the UNSC (2011) â€Å"decides to refer the situation in the Libyan Arab Jamahiriya since 15 February 2011 to the Prosecutor of the International Criminal Court† (para. 24). Additionally the UNSC (2011)Read MoreData Collection Techniques And Methods1316 Words   |  6 Pagesdata collection techniques in many cases vary along a continuum, for instance at one end of the continuum are the quantitative methods and techniques while of the other side are the qualitative techniques for data collection (Kuada, 2012). In both qualitative and quantitative techniques, there are there are various methods used for data collection. In qualitative research for instance, the various data collection tec hniques used include interviews, observations, and focus group discussions amongRead MorePolice Crimes And Possession Of An Illegal Weapon1133 Words   |  5 PagesStudent Name: Shannon Henry CRJU 2100 Criminal Justice Externship (60159) Date Turned In: 8/31/2016 Date/Time of Observation: 8/24/2016 Court: DeKalb County Courthouse â€Å"court-criminal division† Room: 7A Case Name: state vs. Jerrell shorter Case #: 16CR1187 Incident date: 10/22/2015 Judge: Hon. Clorence F. Seeliger District Attorney â€Å"Prosecutor†: Mr. Roderick Wilkerson, (assistant) Mrs. Tia Patterson Defense Attorney: Mrs. Lee Ann Feeley Defendant’s Charges: 2 count felony murder, 2 count armed