1,721,097 research outputs found
Judicial Review in the European Union
No full textThis chapter is concerned with the mechanisms available under the European Union Treaties for providing judicial review of acts adopted by the Union’s institutions and other bodies. It focuses particularly on acts of general application. Section II considers briefly the place of the action for annulment and the preliminary rulings procedure in the remedial framework of the Treaties. Section III reviews some of the extensive Anglo-American literature on the legitimacy of judicial review. Sections IV and V trace the evolution of the action for annulment before and after the Treaty of Lisbon. They concentrate on the standing requirements applicable to claims brought by natural and legal persons for the annulment of acts of general application and the Court’s growing emphasis on the remedies available in national courts. Section VI offers some reflections on the rationale for the Court’s current approach and the effectiveness of the Union’s contemporary system of remedies
The free movement of workers in the twenty-first century
No full textThis contribution provides a critical analysis of the free movement of workers in the European Union. It starts by recalling the legal framework, describing the main rights guaranteed to migrant EU workers by the Treaty and secondary legislation, as interpreted by the European Court of Justice. It then focuses on some problematic areas of the law: the notion of ‘genuine activity’, which is both nebulous and random in its application; and the notion of ‘remuneration’ which, at present, risks excluding atypical employment contracts from the protection of the Treaty (such as zero hours contracts and unpaid internships) as
well as work provided in the domestic context, even though those activities have an economic value for the recipient. The chapter then turns to a brief analysis of the derogations imposed on workers from acceding countries, to conclude that the free movement of workers risks being undermined by protectionist rhetoric
A Constitutional Order of States? Essays in EU Law in Honour of Alan Dashwood
No full textNo abstract availabl
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
The evolution of infringement and sanction procedures: of pilots, diversions, collisions and circling
No full textThe infringement process contained in Article 258 TFEU and the related financial sanction in Article 260 TFEU have undergone some significant changes in the last decade. Although the relevant case law of the Court of Justice has remained static, the Commission has brought about changes in policy and administrative practice in its handling of infringement files. Further, changes to Article 260 TFEU made the imposition of financial penalities more efficient. However, familiar questions remain. There is concern over legitimacy, transparency, and accountability in relation Commission’s role as ‘guardian of the Treaty’ with respect to the infringement process. The sanction process has been more dynamic but raises questions as to its efficacy and flexibility. This chapter discusses the evolution of the infringement and sanction processes over the last decade, examining the changes in theoretical approach and the administrative operation and policy choices of the Commission, and looking to their future evolution
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