EU social and employment regulation

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Constitutionalization and EU Employment Law

Constitutionalization and EU Employment Law

from a historical perspective, Dukes argues that the law has long been concerned with establishing an ‘industrial constitution’, based around the ‘replacement of the individual negotiation of terms and conditions with universal collective bargaining’.22 By guarantee- ing freedom of association and the right to engage in collective bargaining or to take collective action, the state provides a framework for industrial democracy, whereby workplace relations are founded on dialogue and negotiation between employers and workers. The state entrenches the basic facets of this system, such as the freedom to form and join a trade union, but the substantive outcomes in terms of pay and working condi- tions are left for the parties to determine. in this model, the law might be viewed as sup- planting individuals’ freedom of contract with a collectivized understanding of freedom of contract. a classic example of this would be the ‘laissez-faire’ model of employment law that pertained in the united kingdom for a large part of the twentieth century. The state generally refrained from statutory regulation of working conditions, but inter- vened to facilitate collective bargaining as the principal source of workplace regulation.23 There is some evidence of this model influencing Eu law, where a constitutional footing (in the form of the founding treaties) has been given to social dialogue between management and labour, which may lead to legally binding agreements.24 Yet social dialogue has never been the pre-eminent source of regulation within Eu employment law and the greater part of the legislation stems from political bargaining within the Eu institutions, rather than European collective bargaining. More generally, relying on the industrial constitution as the primary route to securing a fair balance between the inter- ests of employers and workers has been challenged by the decline, in some countries, of the vitality of collective bargaining.25 This is frequently associated with the spread of globalization. specifically, the footloose nature of modern capital, and the persistent threat of transnational relocation,26 exercises a downward pressure on labour standards
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Social regulation through anti-discrimination law: the EU and the US compared

Social regulation through anti-discrimination law: the EU and the US compared

Of more importance to social policy was the succession of directives agreed to implement the principle of sex equality. These measures are the European counterpart of the Civil Rights Act, the ADEA and the ADA. They rely on a similar imperative to the Commerce Clause: the member states shall not regulate in contravention of the measures established by the federation or Union to ensure unrestricted trade. This imperative imposes a ‘market conformity’ requirement on the member states. The division of competence might suggest that this would only apply to employment regulation, not social security, but the close relationship between social security and employment made this distinction hard to sustain. Member states recognised that market conformity would require adjustment to their social policies in Directive 79/7 ‘on the progressive implementation of the principle of equal treatment for men and women in social security’. The Directive could be seen as defensive measure by the member states, that protected unequal state retirement ages from being immediately struck down. On this interpretation, the emphasis was on the word progressive (i.e. not immediate): member states allowed themselves six years for implementation. However, there were also opportunities latent in the Directive for it to act as a lever for the application of equality principles to national social security systems.
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Regulation and Competitiveness: A mysterious and difficult relationship in the European Union

Regulation and Competitiveness: A mysterious and difficult relationship in the European Union

philosophical prisms and many of the comments from proponents of the better regulation movement are firmly rooted it what would be called a law and economics, neo liberal philosophy which is fine (if you like that sort of thing) but not necessarily the only way of looking at law. In its limited and unsophisticated form this school of thought basically assumes that all regulation which imposes a cost on business without yielding benefits to business is unnecessary. It is very dominant in the United States at present and tends to support a non-interventionist approach to the market by government. For example under the EU social model, much employment and social legislation is passed to address issues not particularly addressed very coherently either through the prism of market failure or market efficiency. Many US commentators would be of the view that the US labour market works very well without all the protective legislation we have in Europe. Under the market failure view of regulation all these EU initiatives would be regarded as an unjustified intervention in the market rather than addressing market failure and this area would be considered a prime area which could be de-regulated. (There is, needless to say, a vast body of academic literature on this subject)! On the other hand the more
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Unblocking the Lifeline of Talent. CEPS Policy Brief No. 306, 6 December 2013

Unblocking the Lifeline of Talent. CEPS Policy Brief No. 306, 6 December 2013

The second factor is the national method for counting annual migration flows: German data include a significant number of persons that do not fit the UN international standard (and accepted EU terminology) for defining an international migrant. This is because the figures reported by the German Federal Statistics Office include persons who stay in the country for less than one year. If we apply the UN definition of “migrant” to the German data set, according to the Federal Office for Migration and Asylum, the number of migrants deflates to just half of total flows of non-nationals across German borders. Third, are the considerable push (rather than pull) factors driving migration to Germany: In 2009 net EU migration to Germany was 18,000 soaring to almost 100,000 in 2010, doubling the year after and reaching 275,000 persons in 2012. This has occurred in parallel to austerity measures in many countries and the lifting of free labour movement barriers for the eight EU- accession-countries in the East. Unsurprisingly, the main countries of origin of newcomers to Germany have been Eastern and Southern European states.
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Employment in Europe 2009

Employment in Europe 2009

At the current juncture, the main labour market challenge is to avoid redundancies in basically healthy firms/industries temporarily affect- ed by the short-term disturbance to demand levels, while ensuring appro- priate and necessary labour re-alloca- tion across sectors. Employment poli- cies therefore need more than ever to focus on implementing integrated flexicurity pathways and better skills matching and upgrading. In view of this, various measures to facilitate labour market transitions and to sup- port employment are required. These include strengthened activation poli- cies and better matching through effective employment services, flex- ibility in working-time arrangements and where appropriate, lower social charges for employers and employ- ees, especially for low-paid jobs, together with an adequate safety net for workers made redundant. Following the European Economic Recovery Plan, most Member States have established a National Recovery Plan including provisions for employ- ment and social policies and, based on information collected by the Com- mission, almost 300 measures have been identified as being introduced across the EU. The measures set out below, organised according to the three priorities highlighted previous- ly, demonstrate examples of targeted and productive ways forward to try to soften the impact of the crisis. Maintaining employment, creat- ing jobs and promoting mobility
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Employment in Europe 2003. Recent rrends and prospects

Employment in Europe 2003. Recent rrends and prospects

ly become more important. Particular strong examples of this trend are Italy and Denmark. In the former, although national agreements on contractual earnings have only been al- lowed to negotiate within targeted inflation rates, negotiations at the company level have more than made up for this gap, giving rise to average earnings increases well above inflation. In Denmark there has been a move away from centralised wage negotiations to a decentralised and individualised system where collective bargaining only provides a minimum guaranteed earnings level. In some other countries, however, a trend towards increasing degrees of centralisation could be observed, notably in Ireland. In oth- ers, the trend towards decentralisation has been halted by macroeconomic requirements. In Finland and Belgium, for example, in the 1990s there was a marked shift back towards more centralised and indeed national level wage negotiations related to the perceived need to control overall wage increases. This shift was to some extent the consequence of an increased focus on the effects of wage formation on competitiveness, taking into account country interdependencies notably within the euro zone. In this context, trade unions from several EU Member States (Ger- many, France, Belgium, the Netherlands and Luxembourg) launched the so-called “Doorn initiative” which – through information ex- change and peer pressure – aims at avoiding competition between different national col- lective bargaining systems. To this aim, the initiative has launched a “wage co-ordination formula” which defines the room for nominal wage increases, the so-called “distributive margin”, as the sum of (expected) inflation and productivity growth. 54
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Understanding the EU Policy Portfolio: Conceptualising a Dynamic Model of Integration

Understanding the EU Policy Portfolio: Conceptualising a Dynamic Model of Integration

21 decisions while economists have tended to play down the significance of political variables. This impermeableness of theories can be explained partly by the different instruments political scientists and economists utilize in scholarly inquiry, but also by the questions they pose. Economists tend to focus mainly on seeking to establish the optimum conditions for achieving economic efficiency, while political scientists investigate the underlying power relations among member states, their agents, and societal actors. So while these two branches of inquiry have contributed significantly to our understanding of European economic and political integration, there has been an insufficient attempt to develop explanatory models that blend both the economic and political components of European integration. This is problematic for the study of EU policies and policy-making because it is not readily apparent at which level— regional, national, or supranational—policy should be created and implemented. A paradigm developed to explain the evolution of the EU policy portfolio needs to take into account of both the economic efficiency and political feasibility of a policy dilemma.
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A Study of National Wage Agreements in Ireland

A Study of National Wage Agreements in Ireland

Employer Labour Conference Working Party Employment Regulation Order Electricity Supply Board ¯Economic and Social Research Institute Electrical Trades Union Federation of Rural Workers [r]

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Regulation, the Regulatory State and European Politics

Regulation, the Regulatory State and European Politics

regulation that to some extent also contained components to address issues of ‘equity’. However, as a consequence, ‘resilience’ is said to have been neglected. Dieter Helm (2004), for example, has argued that the emphasis on efficiency gains through the ‘price cap’ (RPI-X) has encouraged so-called asset sweating at the expense of investment in the UK. Such effects are inherent in particular policy choices. In addition, given that the age of the regulatory state is characterised by decentralisation, in the sense of fragmented private providers offering services with the key government involvement being undertaken by a supposedly ‘autonomous’ economic regulator (raising issues noted above), then very few tools are left in the arsenal of governments to affect comprehensive policy decisions. This may be a good thing given what is known about the dysfunctionality of large-scale planning, but it is arguably nevertheless costly to co-ordinate or incentivise autonomous actors in the absence of elements of hierarchical authority. Similarly, in the area of food safety, the existence of competing logics, those of risk and of anxiety, was said to place
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8th FINANCIAL REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the EUROPEAN AGRICULTURAL FUND FOR RURAL DEVELOPMENT (EAFRD)   2014 FINANCIAL YEAR  COMMISSION STAFF WORKING DOCUMENT Accompanying the document  COM (2016) 181 final, 6

8th FINANCIAL REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the EUROPEAN AGRICULTURAL FUND FOR RURAL DEVELOPMENT (EAFRD) 2014 FINANCIAL YEAR COMMISSION STAFF WORKING DOCUMENT Accompanying the document COM (2016) 181 final, 6 April 2016

In April 2011. the Commission adopted the decision 2011/271/EU clearing the 2010 annual accounts for EAFRD. 8 Paying Agencies have not been included and are subject to a further review. The Paying Agencies Baden-Württemberg. Bayern. Hessen and Rheinland-Pfalz (Germany) were cleared in a later decision in February 2012. The accounts of the Paying Agency APA (Slovakia) were cleared in July 2013. In January 2015. the Commission adopted a decision clearing the 2010 annual accounts of the Paying Agencies ARBEA (Italy) and Ministry of Agriculture (Luxembourg). By means of this decision. a total amount of EUR 31 million was cleared for the EAFRD. With that. the only Paying Agency for which the 2010 EAFRD accounts are still outstanding is Région Wallonne (Belgium). for which the conformity enquiry is still pursued.
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Ethical dimensions in corporate social responsibility and need for regulation

Ethical dimensions in corporate social responsibility and need for regulation

model also emphasises on management of wealth by the leaders for the benefit of common man. Freeman (1984) and Goel and Ramanathan (2014) define stakeholders as “those groups without whose support the organisation would cease to exist.” Recognition of multi- stakeholders like employees, customers, public, suppliers, dealers, environment, etc. in the wake of incidents of negative social behaviour presented in past in cases like Bhopal gas tragedy, Walmart case of discrimination, etc. provides an eye opener for business units to include the well-being of all concerned to facilitate its survival. In fact the concern for people and environment need integration with the economics of business. Social responsibility was discharged in the name of religious duty by giving grants in charity for education, health and welfare of poor by big industrialist for community development. Prior to conceptualisation of cooperate social responsibility, Philanthropist like Jamsetji Tata, Bill Gates, Warren Buffet, Melinda Gates etc. rose to address the social concern as felt unaddressed by the governments. Subsequently studies were conducted to understand the relation between firm’s performance and discharge of social responsibility. Studies by Supriti Mishra and Damodar Suar (2010), Swati and Amit (2011), Haslinda Yusoff et al (2013), Dolores and Isabel (2014), Gordon and Michael (2014) affirmed that there is a positive relation between financial performance and CSR. Leonardo et al (2009) confirmed that the stock market is sensitive to corporate social responsibility news. The benefit of CSR extend to enhancing the competitive strength (Bryan and David 2007, Cornel and Mihaela 2012, Dolores and Isabel 2014), build positive image and reputation, create favourable relations with employees (Eun Mi Lee et al 2013, Levente Bakos 2014), consumers (Magdalena et al 2013), public and others (Supriti Mishra and Damodar Suar 2010) and provide legitimacy (Fortuna et al 2011) to the corporation. The benefits of CSR could not inspire the corporate to follow ethics in business and discharge their social responsibility. Instances like Bhopal gas Tragedy (1984), Cadbury - worm controversy (2006), Johnson’s baby power containing asbestos (2015), Maggie - Lead spark (2015), Volkswagen – defeat device (2015), Satyam Scam (2009), etc. reflect the priority of ethics in doing business and trigger the need for legislation in this arena.
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Forum Issue No  1   October 1997  Work organization

Forum Issue No. 1 - October 1997. Work organization

New publications series: Employment and social affairs Employment and labour market Equal Public health Social dialogue and social rights Social protection and social action opportunitie[r]

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2010 Annual report on the implementation of Regulation (EC) 300/2008 on common rules in the field civil aviation security. COM (2011) 649 final, 19 October 2011

2010 Annual report on the implementation of Regulation (EC) 300/2008 on common rules in the field civil aviation security. COM (2011) 649 final, 19 October 2011

If deficiencies found at an airport are considered so serious as to present a significant threat to the overall level of civil aviation security in the Union, the Commission will activate Article 15 of Regulation (EU) No. 72//2010 2 . This means that all other appropriate authorities are alerted to the situation and additional measures would have to be considered in respect of flights from the airport in question. One Article 15 case was initiated in mid July 2010, which was closed again 4 months later when the deficiencies had been satisfactorily addressed. The other possible sanction in the most serious cases, or in cases of prolonged non- rectification or reoccurrence of deficiencies, is to open infringement proceedings respectively EU-Pilots against Member States that have notified to the Commission Services to participate in that procedure. In 2010, two infringement proceedings and one EU-Pilot were initiated following inspections of national administrations. In one case, the concerned Member State failed to maintain its national aviation security programme. The second case related to the application of the EU rules at small airports. The third case was linked to lack of human resources for compliance monitoring. During the year two infringement cases and one EU- Pilot could be closed following rectification of the identified shortcomings. In total five infringement cases were still in progress at the end of 2010.
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Employment Inequality, Employment Regulation, and Social Welfare

Employment Inequality, Employment Regulation, and Social Welfare

The usual line of explanation, in economics, for employment discrimination follows the argument of Becker (1971): some White (or Protestant) employers, by attaching a special disutility to contact with Black (or Catholic) workers, have a ``taste for discrimination'' and this leads them to either exclude the offending persons from their workforce or to greatly restrict their numbers. In effect, the maximand of such employers contains, in addition to profits, a ``taste-related'' argument. Discriminating employers, by indulging their taste for discrimination, would earn a lower level of profits than their non-discriminating counterparts (who maximised only on profits) and would, therefore, eventually be driven out of business. Many economists have concluded from this analysis that market forces would lead discrimination to die a natural death and that, therefore, the helping hand of the legislative physician was not required. In addition, as Donohue (1998) points out, Becker's work strengthened the resolve of those who, philosophically, were opposed to state regulation. For example, Friedman (1962) argued that anti-discrimination legislation was conceptually no different from legislation (for example, like Hitler's Nuremberg laws) requiring employers to impose special disabilities on certain groups. Another explanation for discrimination (Krueger, 1963; Lewis, 1979; McAdams, 1995) is that its practice may accord with the collective interest of a group: the discriminating group - Whites in apartheid South Africa; Hutus in Burundi - acquires (economic, political and social) status by restricting the job opportunities of other groups and it imposes these restrictions by
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Portability of Social Protection in the European Union: A Transformation of National Welfare Systems?

Portability of Social Protection in the European Union: A Transformation of National Welfare Systems?

In addition to European Council regulations, the European Court of Justice has played a major role in facilitating cross-border mobility, consistently interpreting these principles in a broad and favourable way towards migrants. Much of the initial testing of the applicability of such cross-border rights was related to health care. Obermaier (2009) demonstrates how the 1998 Kohll/Decker ECJ rulings, codified through the Directive on the Application of Patients’ Rights in Cross-Border Healthcare, has enabled patients to seek health care in other European member states while the costs are covered by their national systems. While the threat to territorial principles of national governments was contested by individual nation states, the gradual incorporation of portable health care entitlements is seen by Obermaier as most significant. Interestingly, many of the cases taken to the ECJ to seek clarification on EU Directives emerge from cases taken to the courts by individual European citizens (Eigmüller 2013). This shows that European political integration is being promoted at both the macrolevel, through European Council Directives and Regulations, and the microlevel, through individual citizen agency.
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Job quality and labour market performance. CEPS Working Document No. 330, June 2010

Job quality and labour market performance. CEPS Working Document No. 330, June 2010

In the New Member States’ cluster, working conditions are rather poor (long working days, health at risk because of work) even if the intensity of work is lower than elsewhere in Europe. Socio-economic security measured through wage levels and perception of “being well paid” or having “some good prospects for career advancement” is low. Contrary to older member states, new forms of employment such as part-time work and temporary contracts do not contribute to explain socio-economic insecurity as they are not very developed in NMS. Rates of participation in training are low and long-term unemployment is particularly high in some countries (Poland, Slovakia). New Member States are also characterised by very low levels of productivity alongside high rates of productivity growth, which is typical of countries engaged in a catching-up process. Workers in this group of countries are less satisfied than their counterparts in other countries.
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India-EU relations in health services: prospects and challenges

India-EU relations in health services: prospects and challenges

This paper examines the opportunities for and con- straints to India-EU relations in health services. It identi- fies the various segments where there are opportunities for India to export health services to the EU and to colla- borate with the EU. It also identifies numerous regulatory and other constraints which impede the development of this bilateral relationship. The discussion is largely based on in-depth discussions with a variety of stakeholders in India ’ s health sector and official representatives from a few EU countries, corroborated by secondary evidence. In doing so, the paper makes a useful contribution to the social science and health literature by not only adding to the very limited information base available at present on globalization and health, based on primary evidence, but also by providing a North-South cum regional perspective. The paper has two main conclusions. The first is that although India and the EU have very different health sys- tems in terms of public-private composition, regulatory frameworks, and policy priorities, several factors make this sector conducive to expanding bilateral commercial relations and collaboration between the two. The EU member countries with their ageing populations, rising costs, and overburdened public healthcare systems could benefit from expanded relations with a country like India with its growing private healthcare sector, emergence of world class corporate hospitals, large pool of medical manpower, and young population across a variety of seg- ments. The second conclusion is that given the nature of many of the constraints currently affecting this bilateral relationship and given the public good nature of health services, it would be best to take a gradual approach to expanding bilateral engagement in this sector, building on collaborative efforts selectively and over time moving towards more commercial engagements.
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Advocacy and diffusion of EU employment policy: The European Employment Strategy in France and Italy

Advocacy and diffusion of EU employment policy: The European Employment Strategy in France and Italy

The second contention put forth in this chapter is that employment policy-making in Italy is characterised by the weakness of public authorities and the constant involvement, either formally or informally, of interest organisations in decision-making. Thus, with respect to the hypotheses advanced in Chapter 1, Italy looks like a ‘multi-actor’ system, in which a large number of actors coming from different institutional settings have a say over policy-making. State authorities have long been weak and highly permeable to outside interests, and responsibility over decision-making and implementation diffused among a number of national and local centres of authority. Union power, by contrast, grew relentlessly after the 1968 strike wave. As a result, when the need came to adjust to the economic slowdown of the mid-1970s, this was done in accord with both unions and employers. Although the first attempts to strike tripartite agreements foundered in the 1980s, the social partners kept on being consulted before the adoption of new employment legislation. Neo- corporatist bargaining was then resumed in the early 1990s, in the midst of a deep crisis both of public finances and of the political parties that had governed the country since the war. Some of the reforms agreed in the social pacts of the 1990s (the new policies for local development, the reform of employment services) entailed the active participation of social partners and local authorities, thus reinforcing the existing tendencies to de-centralised and inclusive governance. After entry into EMU, however, the concerns over public finance and inflation became less pressing. Thus the Berlusconi government, in power with a large parliamentary majority since 2001, felt free to adopt a more unilateral policy style and disregard at least part of the labour movement (notably CGIL). Union opposition, though, still proved strong enough as to block attempts to pass controversial reforms, such as the relaxation of the rules on firing.
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Self-Regulation and Stress for Social Workers

Self-Regulation and Stress for Social Workers

Animal studies offer great promise in identifying the mechanisms linking stress to self-regulation outcomes, since stress can be experimentally manipulated more extensively in laboratory animals than in humans, and more invasive biological measurement can be done in animals. In fact, many of the empirical studies of stress and self-regulation from cognitive psychology and neuroscience literatures have been conducted in rodents or non-human primates. It is possible to learn a great deal from these experiments, because mammals share very similar stress response systems. Furthermore, while rodent brain development moves much faster and rodent brains are much simpler, it is possible to map important parts of rats’ developmental pathway onto stages of human development. For example, the developmental changes in brain and biology during the second month in the life of a standard lab rat are similar in many important ways to developmental changes experienced over a much longer period by human adolescents. Similarly, repeated or prolonged application of stressors in rats can lead to chronic hyperstimulation of their stress systems in the same way that the human stress system can become dysregulated from chronic exposure to stressors. Since laboratory animals live shorter lives and have simpler brains and stress systems, it does not take as long to generate toxic effects of chronic stress in an animal, compared with a human. For example, exposing a rat to repeated “footshock stress” (see Box 1.1) for just a month would be roughly equivalent to repeated stressor-exposure in a human for all the years of adolescence. We recognize that there are many limitations to generalizing these findings to humans, which we will address in discussing our findings and drawing conclusions.
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The FTAA and the EU: models for Latin American integration? Jean Monnet/Robert Schuman Paper Series Vol. 6 No. 2, January 2006

The FTAA and the EU: models for Latin American integration? Jean Monnet/Robert Schuman Paper Series Vol. 6 No. 2, January 2006

competitiveness, the financial instability or inequity was fairly poor. Finally, since the end of last decade and, at least partially, as a result of the social effects of structural reform, new leaders have come to power in various countries with a political discourse and an economic strategy opposed, or at least critical, to the liberal model. This is case of Hugo Chavez in Venezuela, Luiz Ignácio Lula da Silva in Brazil, Néstor Kirchner in Argentina, Tabaré Vasquez in Uruguay, and more recently, Evo Morales in Bolivia. Despite the differences among them, a common denominator exists: free trade is not enough. Consequently, the liberal model that was the ideological base of the new Latin American integration is currently in crisis in many countries of the region. Obviously, such a situation has had an impact on the political support to a FTAA type of regional integration model.
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