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Procedural Autonomy of EU Member States Paradise Lost

Procedural Autonomy of EU Member States  Paradise Lost Author Diana-Urania Galetta
ISBN-10 3642125476
Release 2010-07-23
Pages 145
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Is the procedural autonomy of EU Member State a myth or a reality? What should this concept be taken to mean? Starting from the analysis of requirements and principles regulating, generally speaking, the relationships between Member States’ and EU law, this book provides a definition of procedural autonomy able to account for the concept’s inherent limits. Out of an analysis of the more relevant EU jurisprudence, the author identifies the rationale underlying the interventions of the ECJ on issues of procedural autonomy and the common logic that emerges from it; and reveals how, in an unchanged context of ‘procedural autonomy’ of the Member States, national procedural law becomes more and more ‘functionalized’ to the requirements of effectiveness of substantive EU law. As such, we should speak of a ‘functionalized procedural competence’ rather than of procedural autonomy. But this is by no means a case of “Paradise Lost.” The book includes a foreword by Prof. Jürgen Schwarze, one of the founding fathers of European Administrative Law.



The European Union Legal Order After Lisbon

The European Union Legal Order After Lisbon Author Patrick Birkinshaw
ISBN-10 9789041131522
Release 2010
Pages 366
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In June 2009 the Institute of European Public Law of the University of Hull assembled a range of experts in relevant fields to offer papers and reach some consensus on what has been achieved in the EU legal order and what the future holds for that order given local tensions and global uncertainty.



CJEU Recent Developments in Value Added Tax 2016

CJEU   Recent Developments in Value Added Tax 2016 Author Donato Raponi
ISBN-10 9783709408766
Release 2017-09-08
Pages 370
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The most important and recent judgments of the CJEU Considering the ever increasing importance of indirect taxation as a source of revenue for governments, the intensifying complexity of legal framework, and the proliferating number of countries adopting indirect taxation, it is essential to scrutinize how the law is actually applied in practice. The primary driving force in this area is, undoubtedly, the Court of Justice of the European Union. This book analyzes selected topics (e.g., abuse and anti-avoidance measures, taxable base and rates, treatment of Public Bodies, exemptions, and deductions) by examining the most prominent and recent judgments of the Court of Justice of the European Union. Experts from all over the world, not just from academia but also government representatives and tax practitioners, have provided their input and helped us compile what is an informative and worthy read for anyone dealing with indirect taxation on a professional basis.



Constitutional Sovereignty and Social Solidarity in Europe

Constitutional Sovereignty and Social Solidarity in Europe Author Jeffrey Ellsworth
ISBN-10 9781474228398
Release 2015-05-21
Pages 304
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The essays in this book respond in different ways to questions regarding sovereignty, constitutionality and social solidarity in the European Union. A common theme in the book is a perception that the people and peoples of the European Union have drifted into a quagmire of political paralysis within which essential features of the paralysis – lack of constitutionality, lack of sovereignty and lack of social solidarity – feed off one another. Some of the essays put forward a more positive view. They associate the demise of sovereignty in Member States of the European Union with an emergence of new forms of democracy or new formations of political legitimacy in the complex structures of multi-level governance in the European Union. Between them, the essays provide the reader with a comprehensive study of the key issues of European politics and law today.



Contemporary Issues in Environmental Law

Contemporary Issues in Environmental Law Author Yumiko Nakanishi
ISBN-10 9784431554356
Release 2016-01-28
Pages 216
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This book presents a variety of articles on contemporary issues in environmental law by eminent university professors of environmental law, international public law, European Union law, and comparative law in Europe and Japan. It is the first book in the field of environmental law based on the results of international conferences and research activities supported by the European Union delegation in Japan. Current essential and global topics such as principles of environmental law, climate change, biodiversity, ethics pertaining to animal rights , nuclear safety regime after Fukushima, environmental impact assessments, protecting international waters, genetically-modified organisms, and implementing international instruments, and EU rules at the national level are discussed in light of the 2009 Treaty of Lisbon and other recent international treaties, by comparing the approaches taken by the EU, European countries, and Japan. As environmental law is not just a national issue but also a global one, it is important to understand and analyse various aspects of current environmental issues. This book is a response to such needs, and represents the joint work of five Japanese and four European (two German and two Italian) professors who have succeeded in creating something that is both unique and remarkable.



Norms and Space Understanding Public Space Regulation in the Tourist City

Norms and Space  Understanding Public Space Regulation in the Tourist City Author
ISBN-10 9789172673519
Release
Pages
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Norms and Space Understanding Public Space Regulation in the Tourist City has been writing in one form or another for most of life. You can find so many inspiration from Norms and Space Understanding Public Space Regulation in the Tourist City also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Norms and Space Understanding Public Space Regulation in the Tourist City book for free.



Generation and Applications of Extra Terrestrial Environments on Earth

Generation and Applications of Extra Terrestrial Environments on Earth Author Daniel A. Beysens
ISBN-10 9788793237537
Release 2015-05-31
Pages 318
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This book has been prepared under the auspice of the European Low Gravity Research Association (ELGRA). The main task of ELGRA is to foster the scientific community in Europe and beyond in conducting gravity and space-related research. This publication is dedicated to the science community, and especially to the next generation of scientists and engineers interested in space research and in the means to use Earth to reproduce the space environment. ELGRA provides a comprehensive description of space conditions and the means that have been developed on Earth to perform space environmental and (micro-) gravity related research. . The book covers ground-based research instruments and environments for both life and physical sciences research. It discusses the opportunities and limitations of protocols and instruments to compensate gravity or simulate microgravity, such as clinostats, random positioning machines, levitating magnets, electric fields, vibrations, tail suspension or head down tilt, as well as centrifuges for hyper-g studies. Other space environmental conditions are addressed too, like cosmic radiation or Mars atmospheric and soil properties to be replicated and simulated on Earth. Future long duration of manned missions, personal well-being and crew interaction are major issues dealt with.



The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain

The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain Author Alberto López - Basaguren
ISBN-10 9783642277177
Release 2013-06-13
Pages 911
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Territorial autonomy in Spain has reached a crossroads. After over thirty years of development, the consensus regarding its appropriateness has started to crumble. The transformation project embodied by the reform of Statute of Catalonia (2006) has failed to achieve its most significant demands. Although the concept of Spain as a Federation is disputed -more within the country than beyond-, the evolution of the Spanish system needs to follow a markedly federalist path. In this perspective, reference models assume critical importance. This edition gathers the works of a broad group of European, American and Spanish experts who analyse the present-day challenges of their respective systems. The objective, thus, is to contribute ideas which might help to address the evolution of the Spanish system in the light of the experience of more established Federations. This second volume focuses its attention on the difficulties and challenges faced in two particular fields. On the one hand, the field of intergovernmental relations and, on the other, questions related to the integration and acknowledgement of diversity and of Fundamental Rights, with special reference to the cases of Canada and Spain. Finally, there is analysis of other specific aspects of the system of territorial autonomy in Spain.



Expressions of Radicalization

Expressions of Radicalization Author Kristian Steiner
ISBN-10 9783319655666
Release 2017-12-15
Pages 374
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This edited collection considers whether it is possible to discern how the level of ideology is affected by radicalization. In other words: what happens in the minds of people before they decide to use political violence as means to attain their goals? Also this book asks: what has to happen in the minds of people in order to preclude them from using political violence as a way of attaining their goals? This volume unites scholars from several disciplines and perspectives from a number of different geographical, social and cultural contexts with the overarching aim to refine our understanding of what ‘radicalization’ actually implies.



New Technology Big Data and the Law

New Technology  Big Data and the Law Author Marcelo Corrales
ISBN-10 9789811050381
Release 2017-09-04
Pages 330
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This edited collection brings together a series of interdisciplinary contributions in the field of Information Technology Law. The topics addressed in this book cover a wide range of theoretical and practical legal issues that have been created by cutting-edge Internet technologies, primarily Big Data, the Internet of Things, and Cloud computing. Consideration is also given to more recent technological breakthroughs that are now used to assist, and — at times — substitute for, human work, such as automation, robots, sensors, and algorithms. The chapters presented in this edition address these issues from the perspective of different legal backgrounds. The first part of the book discusses some of the shortcomings that have prompted legislators to carry out reforms with regard to privacy, data protection, and data security. Notably, some of the complexities and salient points with regard to the new European General Data Protection Regulation (EU GDPR) and the new amendments to the Japan’s Personal Information Protection Act (PIPA) have been scrutinized. The second part looks at the vital role of Internet intermediaries (or brokers) for the proper functioning of the globalized electronic market and innovation technologies in general. The third part examines an electronic approach to evidence with an evaluation of how these technologies affect civil and criminal investigations. The authors also explore issues that have emerged in e-commerce, such as Bitcoin and its blockchain network effects. The book aims to explain, systemize and solve some of the lingering legal questions created by the disruptive technological change that characterizes the early twenty-first century.



Confronting Ecological and Economic Collapse

Confronting Ecological and Economic Collapse Author Laura Westra
ISBN-10 9781135957377
Release 2013-06-07
Pages 344
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From the first appearance of the term in law in the Clean Water Act of 1972 (US), ecological integrity has been debated by a wide range of researchers, including biologists, ecologists, philosophers, legal scholars, doctors and epidemiologists, whose joint interest was the study and understanding of ecological/biological integrity from various standpoints and disciplines. This volume discusses the need for ecological integrity as a major guiding principle in a variety of policy areas, to counter the present ecological and economic crises with their multiple effects on human rights. The book celebrates the 20th anniversary of the Global Ecological Integrity Group and reassesses the basic concept of ecological integrity in order to show how a future beyond catastrophe and disaster is in fact possible, but only if civil society and ultimately legal regimes acknowledge the necessity to consider ecointegrity as a primary factor in decision-making. This is key to the support of basic rights to clean air and water, for halting climate change, and also the basic rights of women and indigenous people. As the authors clearly show, all these rights ultimately depend upon accepting policies that acknowledge the pivotal role of ecological integrity.



Ratio Legis

Ratio Legis Author Verena Klappstein
ISBN-10 9783319742717
Release 2018-05-02
Pages 205
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The book is dedicated to the theoretical problems concerning ratio legis. In the contexts of legal interpretation and legal reasoning, the two most important intellectual tools employed by lawyers, ratio legis would seem to offer an extremely powerful argument. Declaring the ratio legis of a statute can lead to a u-turn argumentation throughout the lifespan of the statute itself – in parliament, or in practice during court sessions, when it is tested against the constitution. Though the ratio legis argument is widely used, much about it warrants further investigation. On the general philosophical map there are many overlapping areas that concern different approaches to human rationality and to the problems of practical reasoning. Particular problems with ratio legis arise in connection with different perspectives on legal philosophy and theory, especially in terms of the methods that lawyers use for legal interpretation and argumentation. These problems can be further subdivided into particular aspects of activities undertaken by lawyers and officials who use the ratio legis in their work, and the underlying theories. In short, this book examines what ratio legis is, what it could be, and its practical implications.



Handbook of Clinical Nanomedicine

Handbook of Clinical Nanomedicine Author Raj Bawa
ISBN-10 9789814669238
Release 2016-04-27
Pages 1502
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This unique handbook (60 chapters) examines the entire "product life cycle," from the creation of nanomedical products to their final market introduction. While focusing on critical issues relevant to nanoproduct development and translational activities, it tackles topics such as regulatory science, patent law, FDA law, ethics, personalized medicine, risk analysis, toxicology, nano-characterization and commercialization activities. A separate section provides fascinating perspectives and editorials from leading experts in this complex interdisciplinary field.



Fanged Noumena

Fanged Noumena Author Nick Land
ISBN-10 095530878X
Release 2011
Pages 667
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Fanged Noumena has been writing in one form or another for most of life. You can find so many inspiration from Fanged Noumena also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Fanged Noumena book for free.



Factors Influencing Individual Taxpayer Compliance Behaviour

Factors Influencing Individual Taxpayer Compliance Behaviour Author Ken Devos
ISBN-10 9789400774766
Release 2013-09-30
Pages 342
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This volume provides a comprehensive analysis of why taxpayers behave the way they do. It reveals the motivations for why some taxpayers comply with the law while others choose not to comply. Given the current global financial climate there is a need for governments worldwide to increase their revenue collections via improving taxpayer compliance. Research into what shapes and influences taxpayer behavior is critical in that any marginal improvement in understanding and dealing with this behavior can potentially have a dramatic impact upon government revenue. Based on Australian data derived from the data bases of the Australian Taxation Office as an example, this book presents findings that provide lessons for tax systems around the world. Regardless of the type of tax system in place, taxpayers of all nationalities are concerned about how their tax authorities deal with non-compliance and in particular how the tax authorities go about encouraging compliance and ensuring a fair tax system for all. The book presents empirical evidence concerning taxpayer compliance behavior with particular attention being drawn to the moral values of taxpayers, the perceived fairness of the tax system and the deterrent measures undertaken by revenue authorities which influence that behavior. Other issues examined include the degree to which tax penalties operate as an effective deterrent to curbing behavior and how taxpayers' level of general tax knowledge and awareness also impacts upon their actions.​



International Commercial Arbitration and the Commercial Agency Directive

International Commercial Arbitration and the Commercial Agency Directive Author Jan Engelmann
ISBN-10 9783319474496
Release 2017-01-26
Pages 253
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This book investigates the tensions between EU law and international commercial arbitration, i.e. tensions between two phenomena at opposite ends of the public to private ordering continuum. It focuses on the Commercial Agents Directive’s regime for indemnity and compensation as one of the most frequent source of these tensions. To mitigate the consequential problems, the book proposes and describes a comprehensive framework for a preferable system of reviewing arbitration agreements and arbitral awards. To this end, it explores the prerequisites of this system through comparative legal analysis of the German, Belgian, French and English systems of review, an assessment of the observable aspects of arbitral practice, game theoretical analysis of the arbitral process, and microeconomic analysis of the cross-border market for commercial agency.



Texts and Practices

Texts and Practices Author Carmen Rosa Caldas-Coulthard
ISBN-10 9781134808182
Release 2013-04-15
Pages 312
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Text and Practices provides an essential introduction to the theory and practice of Critical Discourse Analysis. Using insights from this challenging new method of linguiistic analysis, the contributors to this text reveal the ways in whcih language can be used as a means of social control. The essays in Text and Practices: * demonstrate how critical discourse analysis can be applied to a variety of written and spoken texts * deconstruct data from a range of contexts, countries and spheres * expose hidden patterns of discrimination and inequalities of power Texts and Practices, which includes specially commissioned papers from a range of distinguished authors, provides a state-of-the-art introduction to critical discourse analysis. As such it represents an important contribution to this developing field and an essential text for all advanced students of language, media and cultural studies.