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The purpose of this essay is to assess the automatic exchange of information as described in EU Directive 2003/48 of 3 June 2003 on taxation of savings income in the form of interest payments with regard to the fundamental right of the individual to a private life, to banking secrecy and the freedoms on which the European internal market is based. The assessment reveals the conflicts of interests and values involved in the holding by banks (particularly those offering private banking services) of increasingly extensive, detailed and intimate information about their clients and in the automatic processing of that information by ever more powerful and sophisticated systems. Banking secrecy plays an essential role in protecting clients against the dangers which the disclosure of such information without their permission might produce. Banking secrecy exists not only in Luxembourg but also in many other European countries, and in Germany and France in particular it is not very different from the system applying in Luxembourg. While the French and German tax authorities do have some investigative powers not enjoyed by their Luxembourg counterparts, those powers are strictly circumscribed and cannot rely on the electronic exchange of information set out in EU Directive 2003/48/EC. While banking secrecy is totally incompatible with the electronic exchange of information, the core question is whether the latter can be reconciled with the respect for private life. In a Europe that sets itself up as the cradle of human rights, the general and en-masse exchange of private information cannot provide adequate and sufficient guarantees that the information exchanged will not be misused. The amount of interference in private life is clearly out of proportion to the public interest involved and is contrary to sub-section 2, article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and to articles 7 and 8 of the Charter of Fundamental Rights of the European Union. Since the automatic exchange of information at least potentially risks restricting the free flow of capital among Member States and discouraging the use of transborder banking services, its compliance with the fundamental principles of the internal market also needs to be closely examined. The restrictions imposed by such exchange very probably go beyond the limits within which the free movement of capital and services is possible. The European Court of Justice has found that there is no proportionality if the measures supposedly undertaken in the general interest are actually based on a general presumption of tax evasion or tax fraud. However, it would be true to say that the ECJ does not always examine the tax restrictions placed on the free movement of capital particularly thoroughly to ensure that they are necessary or proportionate. The economic effectiveness of the automatic exchange of information is far from being proved and involves significant cost to the banks providing the information and to the tax authorities using it. To date the system does not appear to have produced any significant new tax revenue nor does it prevent the continuing outflow of capital from Europe. Yet withholding at source, which respects individual and economic freedoms, does generate tax revenue that is cost-free to the State. Exchange of information on request in justified cases using the OECD Tax Convention on Income and Capital model does also fight tax fraud while at the same time providing citizens with the guarantees required to ensure their private lives are respected. A combination of these two systems - withholding at source and exchange of information on request in justified cases - would create the proper balance between the public and private interest that the automatic exchange of information cannot provide.
Proliferation and apoptosis are fundamental cellular processes that are important for the development and homeostasis of multi-cellular organisms. Deregulation of these processes plays an important role in tumor formation. Often, genes that control homeostasis by regulating proliferation and apoptosis are mutated or improperly expressed in tumors. In this project, the physiological and pathological functions of FUSE Binding Protein 1 (FBP1) were studied to elucidate the involvement of this gene in the context of embryonic development and tumorigenesis. Two reasons led to the hypothesis that FBP1 might be relevant in this context. FBP1 was isolated in the group of PD Dr. Martin Zörnig using a functional yeast survival screen for the identification of anti-apoptotic genes involved in tumorigenesis, and the anti-apoptotic function of FBP1 was confirmed in the human colon carcinoma cell line RKO. In addition, FBP1 had been published to function as a transcriptional regulator that activates expression of the proto-oncogene c-myc. This gene stimulates cell proliferation and is overexpressed in many tumors. Analysis of FBP1 expression by immunhistochemistry in normal and tumor tissue samples revealed frequent and significant overexpression of FBP1 in Hepatocellular Carcinoma (HCC). To study the functional relevance of FBP1 activity for this tumor type, apoptosis and proliferation of the HCC cell line Hep3B were studied in dependence of FBP1 expression. Downregulation of FBP1 by lentiviral expression of FBP1-specific short hairpin RNA (shRNA) reduced proliferation and increased sensitivity to apoptosis. Subcutaneous injection of FBP1-deficient Hep3B cells into immunodeficient NOD/SCID mice demonstrated that tumor growth was strongly decreased in comparison to control cells. mRNA expression studies by quantitative real time PCR showed reduced mRNA levels of the pro-apoptotic genes Bik, Noxa, TRAIL and TNF-􀀁 in the absence of FBP1. In addition, the cell cycle inhibitors p21 and p15 were repressed by FBP1 while Cyclin D2 expression was decreased in the absence of FBP1. Surprisingly, expression of c-myc was not altered by FBP1 downregulation, indicating a different mechanism of c-myc regulation in HCC cells. These results demonstrate that overexpression of FBP1 inhibits apoptosis and stimulates proliferation in HCC cells by regulating the transcription of relevant target genes. Therefore, FBP1 might represent a promising therapeutic target for the treatment of HCC. For analysis of the physiological function of FBP1, a gene trap mouse model was established. In these mice, the gene trap vector pT1􀀂geo is inserted in intron 19 of the FBP1 locus, leading to the expression of a fusion protein consisting of a truncated FBP1 (lacking the last 62 amino acids), 􀀁-Galactosidase and Neomycin Phosphotransferase. Luciferase reporter assays demonstrated that the fusion protein was not capable of activating the c-myc promoter and even showed a dominant negative effect. Thus, this gene trap mouse serves as a functional FBP1 knockout model. Phenotyping of the FBP1 gene trap mice showed that homozygous mutation of FBP1 resulted in embryonic lethality at late stages of embryonic development (E15.5-E16.5). Heterozygous mice were viable, but born at lower frequencies, indicating a gene dosage- or a dominant negative effect of the FBP1 fusion protein. The cellular effects of FBP1 inactivation were tested in mouse embryonic fibroblasts isolated from FBP1 gene trap mice. While proliferation was reduced in the absence of wildtype FBP1, apoptosis was not affected. Expression analysis showed that in homozygous MEFs p15 and p21 transcripts were upregulated, while decreased cmyc mRNA levels were measured. Closer inspection of homozygous gene trap embryos revealed an anemic phenotype that appeared most pronounced around embryonic day 15.5. Analysis of fetal livers, the main site of hematopoiesis at this stage of development, showed a strongly reduced total cell number in homozygous embryos. Evaluation of the different hematopoietic cell lineages did not reveal significant changes in particular differentiated cell types. Instead, all cell lineages seemed to be affected equally by FBP1 inactivation. In contrast, analysis of hematopoietic progenitor cell populations showed an increased percentage of multipotent progenitor cells (MPPs) and a strongly reduced number of long-term hematopoietic stem cells (LT-HSCs). Functional analysis of MPPs by in vitro colony formation assays demonstrated that the FBP1-mutant cells possess a normal colony formation potential while their expansion capacity was reduced. Competitive transplantation of lineage negative fetal liver cells into irradiated recipient mice resulted in reduced engraftment of liverderived progenitor cells from homozygous FBP1 gene trap mice. However, stable engraftment was observed over a period of 12 weeks, demonstrating that the FBP1-deficient LT-HSCs are in principle capable of long-term repopulation. These results demonstrate that FBP1 exerts an essential function during definitive hematopoiesis. It can be speculated that FBP1 influences proliferation, apoptosis and possibly also stem cell self-renewal through the regulation of specific target genes within the hematopoietic progenitor cells. Alternatively, extrinsic effects caused by the absence of FBP1 activity could impair the function of the progenitor cells.
The tentative title of my presentation is GENDER AMBIVALENCE (AMBIGUITY?) and deals with Renaissance iconography in Thomas Mann's Death in Venice. It will show that homosexual attraction, although obvious in the story (and Mann's life) is a secondary issue and that the main concern lies with the problem provided by an aesthetic principle. (Parallel narratives, the plot is not the real/only story).
The house of Tantalus
(2010)
Wozu Dichter?
(2010)
Goethe's Tasso is no "Dichter in duerftiger Zeit." He is rather duerftig himself, unbalanced and impulsive in the extreme. In fact, in an annoyed moment, the diplomat Antonio sees him as a useless and pampered brat and undiplomatically says so, triggering a fateful sequence of events that generate a seemingly unstoppable momentum.
Goethe: Helena
(2010)
Although we are concentrating on the Third Act, Faust's appreciation of legend's most beautiful woman begins much earlier, perhaps as early as the Hexenkueche scene where he is thoroughly enraptured by a woman's image in a magical mirror. It drives him crazy, he says (2456), particularly since he has to stay at a certain distance to keep it in proper focus (2434); can you see Mephisto's mischievous smile at this bit of enforced "disinterested contemplation"? Woman is God's final art work, the true Crown of Creation, we learn from Schiller's Princess Eboli; Mephisto seems to say as much, and Faust like most men needs no convincing. We can't be sure that this is indeed Helen, we (and Faust) have yet to meet her. She remains nameless but, by any name, would be as sweet.
Gretchen's infanticide
(2010)
In the scene At The Well, Gretchen herself describes the sequence of events best and in all their fateful simplicity. It is the progress from "sin" to "shame", that is to public disgrace as soon as her private transgression becomes "visible" as pregnancy. Already here the painful confusion over her private perception ("good, dear love", lines 3585/6) and public judgment ("slut", line 3753) which will eventually drive her mad is obvious. In her derangement and despair she will destroy the evidence against her, that is, drown her child.