1,721,237 research outputs found
Tort liability of public authorities in European laws
Administrative law permeates all areas of law, and this series focuses on its role both regionally and globally. This volume considers tort liabilities in European public authorities. It looks at several European countries, using case studies to compare administrative laws across the EU
A ‘Common Core’ Research on Government Liability in Tort
This chapter looks at government liability in tort as an entry point for the whole comparative research on European administrative laws. The chapter is in four parts. It first illustrates the main features of the new research, in particular the combined use of history and legal comparison and the choice of a ‘factual’ analysis, based on hypothetical cases. Second, it explains the reasons underlying the choice of administrative liability, which may be regarded as a worst-case scenario. Third, some issues in methodology are examined, including the construction of the questionnaire, which is at the heart of the ‘common core’ method, and the choice of a variety of legal systems, including that of a non-State entity, the EU. In the final part, there is an analysis of the implications that follow from the study of government liability for the whole research. While less recent comparative studies had a high level of abstraction, the factual approach sheds light on both differences and similarities between the legal systems selected. From this viewpoint, not only is government liability in tort characterized by both commonality and diversity, but their importance has also variably changed across time
The European Union law of life-cycle costing
The EU public procurement law was developed to enhance the free movement of goods and the free provision of service. ‘Buying national’ was at the core of domestic procurement law and the directives were seen as a way to enforce non-discrimination among European economic operators. Environmental and more widely understood sustainability concerns came later and were for a long time looked upon with suspicion before being embraced in the last reform of EU public procurement law. Some institutions in the EU, and notably the Commission, are still concerned about the possible misuse of sustainability to reintroduce unlawful discrimination among economic operators. The 2014 rules on LCC must be read as an attempt to ‘square the circle’, allowing contracting authorities to take into account all aspects of the life-cycle of the goods or services purchased while ensuring the level playing field for all competitors. The new rules on LCC, however, demand much effort to become operational and pitfalls need to be mapped and properly understood
Going Beyond Counting First Authors in Author Co-citation Analysis
The 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
Exclusion, Qualitative Selection and Short-listing in the New Public Sector Procurement Directive 2014/24
This paper provides some initial thoughts on the new rules on exclusion, qualitative selection and short-listing in the new public sector procurement directive bound to repeal Directive 2004/18. The assessment is based on a comparison with the equivalent rules under the current Directive, as well as on the problems and implementation difficulties that the author envisages
Variations on the Author
“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
- …
