SOC/759

Cooperation on youth

OPINION

Section for Employment, Social Affairs and Citizenship

Cooperation on youth

(exploratory opinion requested by the Spanish presidency)

Rapporteur: Nicoletta MERLO

1.Conclusions and recommendations

1.1In order to ensure that the EU youth strategy's implementation is successful and provide a framework and reference for promoting youth agendas across all Member States, the EESC underlines the importance of having accurate, up-to-date data. This will make it possible to monitor and evaluate the asymmetric impact of crises such as COVID-19 1 and the impact of policies on youth 2 and define good practices which address young people directly and exclusively or which have a significant impact on them.

1.2The EESC appreciates the continuous improvements to the EU Youth Dialogue and considers that it is crucial to strengthen this dialogue and involve bodies representing young people meaningfully throughout the policymaking process, acknowledging their role and taking into due account the new ways in which young people today engage, debate and mobilise, often through the use of technology and social media.

1.3To increase youth participation in politics, the EESC is keen to work with the forthcoming trio of presidencies (ES-BE-HU) on strategies to activate first-time voters and improve youth turnout and youth participation as candidates across Europe.

1.4The EESC is committed to strengthening social dialogue in line with the European Commission's proposal on strengthening social dialogue in the EU. More support should be dedicated to building the capacity of the social partners, particularly among young members, with a view to social dialogue and collective bargaining.

1.5The EESC considers it essential that all Member States' laws, legally binding acts, policies, strategies, programmes, measures and public investments be subject to a Youth Test consultation, impact assessment, policy design and proposals for mitigation and that they prevent infringements of rights and discrimination against young people.

1.6With a view to breaking down economic barriers, the EU and the Member States should give priority to both integrating young people into the labour market through quality jobs and improving outreach to NEET.

1.7Referring to the European Year of Skills, the EESC stresses the importance of lifelong learning and the need for transversal skills. Young people need to acquire financial literacy, knowledge of workers' rights and entrepreneurial skills. Greater attention must be paid to promoting digital and STEM skills, especially among girls.

1.8In order to promote mental health and combat violence and bullying, the EESC stresses the importance of ensuring that adolescents acquire socio-emotional skills and providing free psychological and social support in schools and other large groups.

1.9In order to achieve better psychological and physical health, the EESC considers it important that all young people have the opportunity to play sports and engage in society and in cultural activities.

1.10The EESC considers it crucial to help young people with housing costs and to foster public housing policies so as to guarantee access to decent housing, encouraging them to live independently and supporting them as they plan their family life. Member States must step up their efforts to implement the Work-Life Balance Directive, particularly as regards the availability and accessibility of early childcare and facilities that are crucial for young families.

1.11The EESC calls for more meaningful engagement of young people in climate action and environmental issues and stresses the importance of skills development in these fields.

1.12The EESC calls on the EU and its Member States to take proper account of the correlation between climate issues and mental health as regards young people and to increase research in and government responsiveness to climate action.

1.13Working with the above-mentioned topics, it is important to be aware of marginalised young people and to take an intersectional approach, paying attention to gender, ethnicity, disability and so on.

2.Background

2.1The EU has been running an EU youth policy cooperation scheme based on the principles of active participation and equal access to opportunities since 2002 3 .

4 5 6 In December 2018, the Council of the European Union adopted the European Union Youth Strategy 2019-2027. This provides a framework of objectives, principles, priorities and measures for youth policy cooperation for all relevant stakeholders with due regard for their respective competences and the principle of subsidiarity. Its implementation and that of its 11 Youth Goals is facilitated by the regular EU Youth Dialogue. This is a dialogue mechanism between young people and decision makers at both national and EU level. It is necessary to strengthen this process and implement the EU Youth Dialogue recommendations even at national level.

2.2The Spanish presidency has therefore asked the EESC to draft an exploratory opinion identifying the main challenges, issues, and difficulties young Europeans are facing, focusing on what is stopping them from leading a full and inclusive life, with unfettered enjoyment of their fundamental rights and equal opportunities and free from all negative impacts.

2.3The EESC believes that the ongoing and future EU Youth Agenda should address the main challenges, issues and obstacles young Europeans are facing (identified through the EU Youth Dialogue and Eurobarometer). It should also determine how the EU can help young people overcome them. The EU should encourage the Member States to bolster the measures directly designed to mitigate intergenerational unfairness and foster intergenerational justice, with strong coordination and oversight mechanisms to ensure policy coherence 7 . The Member States also need to reinforce cross-sectoral measures that have a positive impact on young people by potentially affecting mainly young beneficiaries 8 and reducing the generational divide 9 .

2.4Another aspect that the EESC considers fundamental is data acquisition: acquiring quality disaggregated data on young people, accessible and measurable at European and national level, is a prerequisite for analysing the current situation from different perspectives, evaluating the steps to be taken and verifying their impacts.

3.General comments

3.1 The improvement of the EU Youth Dialogue and youth participation

3.1.1Young people have the right to participate in the framing of youth policies and, more generally, of all policies. The EESC appreciates the continuous improvements to the EU Youth Dialogue and considers that it is crucial to strengthen it and involve bodies representing young people meaningfully throughout the policymaking process, from policy definition to implementation, evaluation and follow-up. Making sure to include marginalised groups of young people and taking an intersectional approach are equally essential. This will ensure real and effective cooperation between young people and public institutions at all levels.

3.1.2The EESC considers that it is imperative that European, national and local institutions acknowledge the importance of and the role played by all types of youth organisations. Taking due account of the new, often informal ways in which young people today engage, debate and mobilise, often through the use of technology and social media, is also crucial.

3.1.3In order to ensure the active participation of the younger generation, the EESC considers it important to identify and overcome social, economic and cultural obstacles to the full participation of young people, especially the most vulnerable. In addition, the EU and the Member States should identify ways to fund youth work and safeguard the civic space for young people in Europe, where they can exercise their rights to expression, information, association, peaceful assembly and other related freedoms.

3.1.4The young generation is proving to be pro-European, but youth turnout and their active participation as candidates are traditionally very low at local, regional, national and European elections. The EESC is keen to work with the forthcoming trio of presidencies (ES-BE-HU) on strategies to activate first-time voters and improve youth turnout and youth participation as candidates across Europe.

3.1.5Effective communication is crucial to reach the younger generation: the EESC recommends that all public institutions use accessible and youth-friendly language and make more efficient use of social media to convey essential information and communicate their actions and policies.

3.1.6 The EESC is committed to strengthening social dialogue in line with the European Commission's proposal on strengthening social dialogue in the EU (January 2023). More support should be dedicated to building the capacity of the social partners, particularly among young members, with a view to social dialogue and collective bargaining and the implementation of EU-level Autonomous Social Partner Agreements.

3.1.7At the same time, the EESC recognises the role that other civil society organisations, such as chambers of commerce and industry, are playing in developing and updating skills and delivering vocational education and training (VET) policies.

3.2The generational impact of policies

3.2.1The EESC considers it essential that all Member States' laws, legally binding acts, policies, strategies, programmes, measures and public investments be subject to a Youth Test consultation, impact assessment, policy design 10 and proposals for mitigation and that they prevent the infringement of rights and discrimination against young people within the economies of a Super-Ageing Society 11 and globalisation 12 .

3.2.2Several pilot schemes have been conducted in this field in Europe, resulting in scientific impact studies, monitoring studies 13 or even ex post evaluations on draft laws for young people. Two European countries – Austria and Germany 14 – have carried out ex ante and ex post evaluations that are particularly interesting.

3.2.3The EESC would point at its opinion on the EU Youth Test 15 , which encourages European and national institutions to ensure the appropriate involvement of youth organisations, to implement measures and mechanisms to ensure that the youth perspective is taken into account, and to carry out a systematic assessment of the impact of policies by fully implementing the Youth Test.

3.3Breaking down economic barriers

3.3.1Youth employment is often precarious 16  (temporary job, voucher-based work, platform work, gig economy, collaborative work, etc.). Such jobs tend to be poorly paid, with irregular working hours and limited or no social protection (paid leave, pension, sick leave, etc.).

3.3.2Integrating young people into the labour market through quality jobs and improving the outreach to NEET (not in employment, education or training) should be a priority for the EU and the Member States. In this regard, the EESC urges the Spanish presidency to consider youth demands regarding the ongoing legislative files that are particularly relevant to young Europeans: binding measures to guarantee quality traineeships 17  and the Directive on Improving Working Conditions in Platform Work, upholding the subsidiarity principle and the autonomy of the social partners. 

3.3.3The EESC urges the Member States to use funds under the National Recovery and Resilience Plans (NRRP), ESF+ and other existing funds for the creation of full and productive employment jobs and upskilling of young people where needed, with a particular focus on open-ended contracts and decent working conditions that limit the risk of unstable living and working conditions 18 , bearing in mind national legal frameworks and collective agreements.

3.3.4Rapid labour market changes, brought about partly by the green and digital transitions emphasise the need to ensure that education and training programmes and qualifications remain up to date and relevant to employers' evolving skills needs. It is crucial to develop both the skills required for the green and digital transition and bottom-up approaches to updating curricula. Young people need to be equipped with a range of digital, STEM (science, technology, engineering and mathematics) and transversal skills, and the capacity to adapt. Enhancing digital and STEM skills is vital for effective gender equality, as more women could compete for the jobs of the future and narrow the gender wage gap. The topic of gender equality should be part of the educational pathways. It is necessary to develop and implement strategies that promote gender mainstreaming.

3.3.5The entrepreneurial mindset in the EU should be improved. About 40-45% of young people are interested in entrepreneurship, but only 7% are self-employed. Young people account for 11% of "missing" entrepreneurs in the EU 19 . They face various key barriers to business creation including a lack of entrepreneurial skills.

3.3.6Referring to the European Year of Skills, the EESC stresses the importance of lifelong learning and the need for transversal skills 20 . Financial literacy and knowledge of workers' rights are skills that all young people must acquire and master in order to fulfil their potential. The introduction of flexible learning pathways 21 and improved recognition of skills acquired through non-formal education and informal learning should be taken into consideration by Member States.

3.3.7Many young women still have to choose between family and career due to the objectively difficult task of achieving work-life balance. Young women who have less access to employment for family reasons are therefore also more likely to fall into poverty, and have fewer tools to climb out of it. Investing in tangible and intangible infrastructure 22  for childcare and long-term care facilities could greatly benefit women's full employment.

3.3.8 It is crucial for young people to achieve economic autonomy as this also enables them to become active citizens. In Italy, the generational divide index 23 measures the scale of the obstacles young people are facing in achieving economic and social autonomy and is the key framework for the future Youth Test 24 . A similar project, using a slightly different taxonomy and indicators 25 , was carried out in the United Kingdom (Intergenerational Fairness Index) and paints an increasingly bleak picture of the prospects of young people across Europe 26 . Germany 27 , Austria 28 and Flanders already have experience of the Regulatory Impact Assessment (RIA) for young people 29 . The EESC recognises the importance of these practices and encourages all Member States to be inspired by these good examples.

3.4Sexual and gender-based violence

3.4.1Although much progress has been made in recent years, many young people still report acts of violence based on sexual orientation and gender identity. The EESC considers that facilities such as shelters and projects reintegrating people into society should be improved to ensure that there are tools available for people to process the resulting trauma and to support victims of violence and all forms of discrimination. Legal, health, psychological and social mediation services are also essential.

3.4.2Educational campaigns on these topics promoting respect for diversity should be starting in schools and the workplace. As well as exploring these issues, the campaigns should provide opportunities for listening to and talking with victims of gender-based violence and discrimination. For these initiatives to be successful, the EESC stresses the importance of giving an active role to the social partners, organised civil society and educational institutions.

3.4.3In the EU and worldwide, one in three women has experienced physical or sexual violence. To date, one in five girls is a victim of sexual abuse. Online violence is on the rise; one in two young people are victims of online gender-based violence 30 . The EESC urges those Member States that have not yet done so to ratify the Istanbul Convention 31 as soon as possible.

3.5Psychological and emotional constraints and discrimination

3.5.1As clearly stipulated in the Geneva Charter for Well-being, the outcome of the 10th Global Conference on Health Promotion (2021) 32 , promoted by the World Health Organization, a positive view of health combines physical well-being with mental and social well-being.

3.5.2Many factors affect young people's well-being and mental health. Exclusion, stigma, a fragile family environment and precarious jobs are factors that can increase the risk of developing mental health problems. Lack of treatment can lead to consequences in adolescence that extend to adulthood and beyond, compromising physical and mental health and limiting opportunities to lead a satisfactory life.

3.5.3The EESC stresses the importance of ensuring that adolescents acquire socio-emotional skills and providing free psychological and social support in schools and other large groups, to promote good mental health and combat violence and bullying that can occur anywhere and by any means (including online).

3.5.4Young people often refer to collective loneliness, whereby people today feel alone in a crowd. However, this hides another problem: inactivity due to defensive isolation. This is a rapidly growing social phobia, often accompanied by more or less acute forms of depression that build up over time. The EESC welcomes the conclusions of the European Year of Youth’s closing conference on "Claim the Future" on 6 December 2022 calling for increased focus on preventive health care, combating mental illness and loneliness.

3.5.5Mental health can also affect the body's ability to nourish itself properly, which in serious cases can have consequences for physical health. In recent years, there has been an increase in uncontrolled eating - "binge eating" - often associated with obesity and metabolic syndrome, but also a result of mood disorders and increased stress and social anxiety.

3.5.6Adopting healthy lifestyles helps prevent some chronic, non-communicable diseases, such as diabetes, cardiovascular diseases and some forms of cancer. Having the opportunity to play sports and engage in society and in cultural activities is not only an extremely valuable part of the personal development process, it is also closely linked to better psychological and physical health: all young people must have these opportunities.

3.6Social challenges

3.6.1Young people are often prevented by the lack of a decent or at least adequate wage from reaching certain key stages in their lives, such as buying or renting a house for themselves or to start a family. This is leading to an irreversible destabilisation of the continent's demographic balance, as more and more young people are foregoing starting a family.

3.6.2The situation is exacerbated by the housing crisis, especially in big cities where prices are much higher than wages, and young people find it difficult to obtain funding from banks unless they can offer some form of guarantee. The EESC considers it crucial to help young people with housing costs and to foster public housing policies that guarantee access to decent housing, encouraging them to live independently and supporting them as they plan their family life.

3.6.3On the other hand, we must not forget that families, in the most diverse forms we can imagine, are the basis of modern society: families and demographic progress (or at least stability) underpin our economic and development model. If we are not able to properly support and encourage young families, our entire welfare system - to name just one issue - will have to be rethought.

3.6.4In Europe, where an ageing population and lack of generational renewal are reversing demographic trends, there is a need to focus on families and reconcile work and parenthood. Increasing parental leave and speeding up the development of accessible child care facilities in Member States where they are not available are key tools for strengthening and promoting gender equality, as they ensure that both parents have the opportunity to spend more time with their children and encourage equal participation in the labour market.

3.7Ecological and environmental challenges

3.7.1Young people are key agents of change and innovation and essential partners in the implementation of the 2030 Agenda for sustainable development and other multilateral agreements and instruments, including the Paris Agreement on Climate Change and the European Green Deal. The EESC calls for more meaningful engagement of young people in climate action and environmental issues.

3.7.2Education is key to achieving sustainable development: the importance of skills development for young people in the field of climate change mitigation and climate change adaptation, as well as in the circular economy, needs to be taken into account. Moreover, education of children on sustainability should be supported by lifelong learning for parents and civic education 33 .

3.7.3Rural areas are currently at risk of depopulation due to a lack or shortage of services and infrastructure. Targeted investments in these areas can lead to increased competitiveness, job creation and improved quality of life, reversing this trend and encouraging young people to move there. Moreover, developing smart synergies between sustainability, local food production and tourism could offer young people new opportunities to engage in meaningful and impactful jobs in rural areas, contributing to the growth and vitality of these regions.

3.7.4Young people are some of the most vulnerable and sensitive to the environmental effects caused by climate change 34 . If global warming continues unabated, it will have devastating health consequences for children and young people, from rises in sea levels, heatwaves, diseases, malnutrition, and more. Nearly 70% of people under 18 are most likely to believe climate change is a global emergency 35 , and such concerns are having a negative impact on young people's emotional and psychological wellbeing. A 2021 study of 10 000 young people from across the globe found that over 50% of young people surveyed felt sad, anxious, angry, powerless, helpless, and/or guilty about climate change while 45% said their feelings about climate change negatively affected their daily life and functioning 36 . The EESC calls on the EU and its Member States to take proper account of this correlation and to increase research in and government responsiveness to climate action.

3.7.5The EESC recalls its opinion on the role of young people in the green transition 37 , which advocates a series of actions aimed at ensuring that the young generations take the lead in the climate and environmental transition.

Brussels, 31 May 2023

Cinzia Del Rio

The president of the Section for Employment, Social Affairs and Citizenship

_____________

N.B.:    Appendices overleaf

APPENDIX to the OPINION
of the
European Economic and Social Committee

The following amendments, which received at least a quarter of the votes cast, were rejected during the discussion (Rule 43(2) of the Rules of Procedure):

_____________

(1)    OECD (2020), Survey on COVID-19 and Youth, Paris.

(2)    WORLD ECONOMIC FORUM (2017), The Inclusive Growth and Development Report, Geneva, January 2017.

(3)    Council Resolution on a renewed framework for European cooperation in the youth field (2010-2018), OJ C 311, 19.12.2009, p. 1 . Resolution of the Council and of the representatives of the governments regarding the framework of European cooperation in the youth field (27 June 2002), OJ C 168, 13.7.2002, p.2 .

(4)    Resolution of the Council of the European Union and the Representatives of the Governments of the Member States meeting within the Council on a framework for European cooperation in the youth field ( OJ C 456, 18.12.2018, p.1 ).

(5)    (2018/C 456/01) see point 2 under "Recognise that", OJ C 456, 18.12.2018, p. 1 .

(6)     https://youth.europa.eu/eu-youth-dialogue_en .

(7)    OECD (2020), Governance for Youth, Trust and Intergenerational Justice: Fit for All Generations?, OECD Public Governance Reviews, OECD Publishing, Paris, https://doi.org/10.1787/c3e5cb8a-en .

(8)    This approach was recently adopted in Italy by the Italian Presidency of the Council of Ministers' Youth Department. See Linee guida per la valutazione dell’impatto generazionale delle politiche pubbliche, July 2022. For a literature review see: MONTI L., The NRRP and the generational divide. From measuring to the impact assessment of youth policies, Social Policies, Year IX, 1/2022 Jan-Apr. p. 113; CHEVALIER, T., - LONCLE, P. (2021). Introduction: the Development of Youth Policies in Europe in Past Decades, Youth and Globalization, 3(1), 1-11.; WALTHER, A. (2021). et al. Regimes of youth participation? Comparative analysis of youth policies and participation across European cities. Young, 2021, 29.2: 191-209.WALLACE C. - BENDIT R. (2009) Youth Policies in Europe: Towards a Classification of Different Tendencies in Youth Policies in the European Union, Perspectives on European Politics and Society, 10:3, 441-458,

(9)    ROSOLIA A., TORRINI R. (2016), The generation gap: a cohort analysis of earnings levels, dispersion and initial labor market conditions in Italy, 1974-2014, Occasional paper N. 366, Banca D’Italia, Roma (original title Il gap generazionale: Un'analisi di coorte dei livelli e della dispersione dei salari e delle condizioni iniziali nel mercato del lavoro in Italia, 1974-2014); MONTI L. (2022). The Italian Puzzle of the European Youth Guarantee. International Development Policy, vol. July 2022. 

(10)    ATKINSON A.B (2011). Prosperity and fairness, Revised version of paper presented at the ECFIN Annual Research Conference, November 2011.

(11)    WORLD ECONOMIC FORUM (2023), The Economy of a Super-Ageing Society, Longevity Economy Initiative, Annual meeting, Davos, January 18, 2023.  https://www.weforum.org/events/world-economic-forum-annual-meeting-2023/sessions/the-economy-of-a-super-ageing-society  

(12)      JOSEFSSON J., WALL J. (2020) Empowered inclusion: theorizing global justice for children and youth, Globalizations, 17:6, 1043-1060, DOI: 10.1080/14747731.2020.1736853

(13)      See Martinelli and L. Monti, Misurare l’impatto generazionale delle politiche pubbliche: una sfida, un metodo, in Amministrazione in Cammino, 29.03.21; L. Monti, La valutazione di impatto generazionale delle politiche pubbliche: dalle linee guida del COVIGE al possibile Youth-check in Italia, in Amministrazione in Cammino, 30 December 2022

(14)    Cioffi C., Pierattini S., Contrastare il divario generazionale attraverso la valutazione delle politiche pubbliche rivolte ai giovani [Bridging the generational gap through the evaluation of youth policies], Amministrazione in Cammino, 2023.

(15)     OJ C 486, 21.12.2022, p. 46 .

(16)     https://www.cedefop.europa.eu/en/tools/skills-intelligence/involuntary-part-time-employment?year=2020&country=EU#2 ; https://www.youthforum.org/topics/platform-work#:~:text=Young%20workers%20who%20are%20at,any%20policies%20on%20this%20topic  

(17)     https://www.eesc.europa.eu/en/documents/resolution/long-lasting-legacy-european-year-youth-youth-mainstreaming-and-empowerment  "Unpaid or uncompensated internships can have a very negative impact on young peoples’ experience of the labour market and must be banned".

(18)     OJ C 152, 6.4.2022, p. 27 .

(19)    OECD/European Commission (2021),  The Missing Entrepreneurs 2021: Policies for Inclusive Entrepreneurship and Self-employment .

(20)     OJ C 100, 16.3.2023, p. 123 .

(21)     https://www.iiep.unesco.org/en/international-policy-forum-flexible-learning-pathways-higher-education-13759#:~:text=What%20are%20flexible%20learning%20pathways,the%20needs%20of%20diverse%20students .

(22)    We refer here both to physical infrastructures (corporate nurseries, nurseries etc.) and to specific services (economic support, digital services or otherwise), which could be invested in directly or "indirectly" by involving and acknowledging the third sector and care work.

(23)    Fondazione Bruno Visentini, Il Divario generazionale. La generazione Z e la permacrisi, V Rapporto 2022 [The generational divide. Generation Z and the perma-crisis]. https://www.osservatoriopolitichegiovanili.it/v-rapporto-2022 ; MONTI L., MARTINELLI V (2021), Misurare l’impatto generazionale delle politiche pubbliche: una sfida, un metodo, Amministrazione in Cammino, 29.03.21

(24)    CIOFFI C., PIERATTINI S, (2023), Contrastare il divario generazionale attraverso la valutazione delle politiche pubbliche rivolte ai giovani, Amministrazione In Cammino, Roma.

(25)    MONTI L (2017). Diminishing prospects for young people: A comparison of the intergenerational fairness index and generational divide index in addressing the problem. Review of European Studies, vol. Vol.9, No 4, December 2017, p. 160-164, ISSN: 1918-7173.

(26)    LEACH J-BROCKS M., OSTENSVIK K, KLINGMAN D. (2016), European Intergenerational Fairness Index: A crises for the young, Intergenerational Foundation, London https://www.if.org.uk/wp-content/uploads/2016/03/European-Intergenerational-Fairness-Index_Final-2016.pdf ; LEACH J-HANTON A. (2014), The IF Integenerational Fairness Index:2014 Edition, London , The Intergenerational Foundation

(27)    Kompentenzzentrum Jugend- Check (2022), The Youth-Check in German Regulatory Impact Assessment for the Young Generation. The Youth-Check in Germany. April 2022

(28)     https://www.bundeskanzleramt.gv.at/agenda/jugend/jugendpolitik/jugend-check.html . See also Bundesrecht konsolidiert: Gesamte Rechtsvorschrift für WFA-Grundsatz-Verordnung, Fassung vom 01.05.2023

(29)    Kompentenzzentrum Jugend- Check (2022), International Conference on Regulatory Impact Assessment for the Young Generation 9 May 2022 in Berlin, June 2022

(30)     https://italy.representation.ec.europa.eu/notizie-ed-eventi/notizie/violenza-contro-le-donne-lue-istituisce-un-numero-di-assistenza-telefonica-livello-di-unione-e-2022-11-24_it#:~:text=%E2%80%9CLa%20violenza%20contro%20le%20donne,di%20violenza%20di%20genere%20online .

(31)    The Istanbul Convention recognises violence against women as a human rights violation and helps create a legal framework at European level to protect women from violence and prevent, prosecute and eliminate violence against women and domestic violence. 

(32)    Global Conference on Health Promotion – World Health Organization, Geneva, 13-15 December 2021.

(33)     OJ C 100, 16.3.2023, p. 38.  

(34)     https://www.undp.org/publications/aiming-higher-elevating-meaningful-youth-engagement-climate-action  

(35)    UNDP and University of Oxford, 2021

(36)    Marks, et al, 2021

(37)    EESC opinion on Young people's role in the green transition (not yet published in the OJ)