17 research outputs found
The Accession of the European Union to the ECHR
No full textThe obligation of the EU to accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms has become one of the most significant changes brought about by the Lisbon Treaty. Despite the fact that the accession negotiations between the EU and the Council of Europe are still going on, there is little doubt that they will be successful in the near future. The present article is dedicated to the analysis of the legal and political effects of the EU accession to the ECHR. In the first part of the article the author addresses the difficulties that the EU had to overcome in order to launch the negotiation process. The goals and objectives of the accession together with the probability of their attainment are examined in the second part. Finally, in the third part the author analyses the implications of some ECHR judgments for the functioning of the EU institutions and their impact upon the development of the EU law. The author is convinced that the ECHR judgment in the Menarini case will force the ECJ to substantially modify its approach to EU Competition law cases
Unalternative character of EU development
No full textFor a number of reasons analyzed in the article, the EU response to the COVID-19 pandemic was slurred and fragmented. It intensified contradictions between groups of Member-States, revealed inconsistencies of the European integration project. Based on this, politicians and experts from different countries concluded that the EU would weaken internally, losing ground at international arena. The article proves the opposite. Lessons of the pandemic and joint efforts to overcome coronavirus depression will be used for building the EU of “next generation”, its consolidation and deepening integration. The necessary financial buttress has been created for this. The EU will acquire potential for operational crisis management. The formation of the capital market, digital and other common markets in addition to the existing ones will accelerate. It will get a comprehensive economic strategy, the main features of which are described by the author, and will be granted powers for its implementation. At the same time, transformation of the EU will take place under the influence of new factors complicating European plans, which will have a serious restraining effect
Automorphism Groups of Finite Extensions of Fields and the Minimal Ramification Problem
Get PDFWe study the following question: given a global field and finite group , what is the minimal such that there exists a finite extension with that is ramified over exactly places of ? We conjecture that the answer is for any global field and finite group . In the case when is a number field we show that the answer is always . We show that assuming Schinzel\u27s Hypothesis H the answer is always if is a number field. We show unconditionally that the answer is always if is a global function field.
We also show that for a broader class of fields than previously known, every finite group can be realized as the automorphism group of a finite extension (without restriction on the ramification).
An important new tool used in this work is a recent result of the author and C. Tsang, which says that for any finite group there exists a natural number and a subgroup of the symmetric group such that .v2: added conditional results proving Conj 1.1 and r_F(S_n)<=1 assuming Schinzel\u27s Hypothesis
Scholarship about Teaching
Get PDFThis essay draws on that experience, focusing on approximately half a dozen particularly good articles that have appeared in the Journal during my editorial tenure. Most of these describe new ideas, offering detailed information for the curious reader who might want to emulate the author\u27s approach or simply to learn what others in the legal academy are doing. Typically, however, these papers contain little or no meaningful assessment or evaluation. Descriptive is too often a pejorative term of dismissal. But good description is often an essential first step toward understanding. Because I believe that more rigorous evaluation could add to our store of reliable knowledge about legal education, I offer some suggestions for designing quasi- experiments to assess the utility of educational innovations and discuss some non-experimental studies that have relied upon statistical analysis to evaluate new courses or programs
Theory of Chirality Induced Spin Selectivity: Progress and Challenges
No full textA critical overview of the theory of the chirality-induced spin selectivity (CISS) effect, that is, phenomena in which the chirality of molecular species imparts significant spin selectivity to various electron processes, is provided. Based on discussions in a recently held workshop, and further work published since, the status of CISS effects—in electron transmission, electron transport, and chemical reactions—is reviewed. For each, a detailed discussion of the state-of-the-art in theoretical understanding is provided and remaining challenges and research opportunities are identified.Green Open Access added to TU Delft Institutional Repository 'You share, we take care!' - Taverne project https://www.openaccess.nl/en/you-share-we-take-care Otherwise as indicated in the copyright section: the publisher is the copyright holder of this work and the author uses the Dutch legislation to make this work public.QN/Thijssen Grou
Interaction between the Judicial Institutions (on the example of the Court of Justice of the European Union and the European Court of Human Rights)
Get PDFINTRODUCTION. The interaction of international judicial institutions in the context of cross-judicial references is one of the most important mechanisms for the development of law. The appearance of a large number of competing international judicial institutions and the rapid development of public relations have led to the formation of a stable practice of such interaction. On the European continent, cross-citation interaction can be most clearly seen in the relationship between the Court of Justice of the European Union and the European Court of Human Rights. In the context of the phenomena of cross-judicial references, the author points out their high importance for the development of the institution of protection of human rights and freedoms in Europe.MATERIALS AND METHODS. This study uses the works of both Russian and foreign specialists in the field of European law, as well as analyses of the European Union and Council of Europe legal acts. General scientific methods of knowledge analysis, synthesis, induction and deduction were used during the study. Special legal methods formal-legal, technical-legal, the method of legal analogy, as well as the comparative legal method were also used in the work.RESEARCH RESULTS. The analysis of the current practice of cross-citation between the two judicial bodies clearly demonstrates the high relevance of cross-citation in terms of the development and integration of the human rights law in the European region. The author concludes that cross-citation between the two courts ultimately significantly improves the level and effectiveness of the protection of fundamental human rights and freedoms in Europe, contributing to an active convergence of judicial positions and a harmonisation of approaches taken by the courts in resolving similar cases.DISCUSSION AND CONCLUSIONS. As part of the research, the author analyzes the process and mechanisms of interaction between the European Union Court of Justice and the European Court of Human Rights. Examined the case law of the two judicial bodies in order to determine the direction of their interaction. Explored the characteristic and specific features of cross-citation carried out by the EU Court of Justice and the European Court of Human Rights. Based on the results of the study, the author comes to the conclusion that cross-citation carried out by the EU Court of Justice and the ECtHR contributes to the harmonization of European norms in the field of human rights protection and preserves the unity of the European legal system
Optimalisasi Pemilihan Laptop Kerja Terbaik dengan Pendekatan Metode AHP dan TOPSIS
Get PDFThe components found in laptops are generally the same as those in personal computers (PCs), but they are designed to be smaller, lighter, and more energy-efficient. As technology has advanced, laptops have also undergone many improvements, including in design, processor speed, memory capacity, feature additions, and efficiency in terms of time and space. Additionally, the prices of laptops today are relatively affordable. PT. Varsindo Kimia Abadi is a company engaged in the chemical industry. Currently, the company is facing a challenge in selecting the right laptop for new employees, considering the many brands and specifications available. Therefore, the author aims to provide the best recommendations for laptop selection. In the data analysis process of this research, two methods are adopted: AHP (Analytic Hierarchy Process) and TOPSIS (Technique for Order Preference by Similarity to Ideal Solution). The research results indicate that the best choice for a work laptop is the Asus X441MA with a score of 0.6717, followed by the Lenovo Ideapad IP V130 with a score of 0.5913, and the Asus X407MA as the third alternative with a score of 0.5458
The Dog That Rarely Barks: Why the Courts Won\u27t Resolve the War Powers Debate
Get PDFThere is a certain irony about the stimulating papers by Louis Fisher and Peter Shane: the political scientist, Fisher, makes a normative constitutional argument of the sort typically made by legal scholars; the legal scholar, Shane, makes an institutional and policy analysis of the sort typically made by political scientists. Nevertheless, these papers share a common theme: that the President does not and should not have unfettered or unilateral power in the war-making area. Both also focus on war powers rather than other aspects of foreign affairs such as treaties and executive agreements, but their approaches have implications for those issues as well.\u27 The reader will, I hope, forgive me for not providing a detailed critique of the common theme of these papers and for not exploring some of the larger implications of that theme for the making and implementation of foreign policy.
Instead, I want to emphasize one particularly striking feature of both papers: the dearth of references to judicial decisions. Fisher cites three district court rulings that held the Korean conflict to be a war for purposes of insurance coverage5 and a district court case on the legality of United States involvement in Operation Desert Storm without a declaration of war.\u27 Shane provides the almost obligatory reference to Youngstown Sheet and Tube Co. v. Sawyer in a single footnote but cites no other judicial decisions.
The paucity of citations to cases is no accident, and I make this observation without intending criticism of either author. In- stead, I believe that this feature of the papers is instructive, especially for lawyers who have come to think almost reflexively that the Constitution means only what the Supreme Court says it means. Indeed, I want to make two principal points relating to this aspect of the papers: (1) courts are unlikely to play a very large role in resolving debates over the respective roles of Congress and the President in matters of war and foreign affairs; and, (2) that is a good thing
