1,720,984 research outputs found
Il principio di non discriminazione sulla base della religione o delle convinzioni personali in controversie orizzontali: il caso IR
No full textThe essay examines the first ECJ’s ruling on Article 4 (2) (2) of Directive 2000/78, which implements, inter alia, the general principle of EU law relating to the prohibition of discrimination on the basis of religion and personal beliefs, with specific regard to the interplay
between primary and secondary law, as well as their effects in horizontal disputes. The comment focuses on two major issues. First, the personal scope of application of Article 4 (2) (2) and its specific features vis-à-vis the judicial review developed by the ECJ in equal treatment cases. Second, the normative yardstick used by the ECJ in evaluating the compatibility of national provisions with EU law and the interplay between the latter and the general principle of EU prohibiting discrimination on the basis of religion or belief. The most significant open legal issues are briefly mentioned in the concluding remarks
The Preliminary Ruling Procedure, Today: Revisiting Article 267 TFEU’s Constitutional Backbone
Get PDFAs the title of the Special Issue suggests, its main purpose is to shed new light on the content, scope, extent, and limits of Article 267 TFEU in today’s Union and, in turn, on the nature of this procedure and the European Court of Justice (ECJ)’s role as a sui generis supranational court. Such role has been played first and foremost through the rulings rendered in the context of the preliminary ruling procedure, which has been defined as the ‘keystone’ of the EU judicial system,2 the ‘most important aspect of the work of the Court’,3 the ‘jewel in the Crown’ of the Court’s jurisdiction,4 and the ‘genius’ without which core principles, such as direct effect and primacy, could have not been conceived.5 Indeed, the procedure enshrined in Article 267 TFEU has shaped and continues to shape profoundly the EU legal order and the relationship between the EU and the Member States.Moreover, this procedure shall not be seen simply as a tool used by the Court of Luxembourg to strengthen the evolution of EU law. In fact, the way Article 267 TFEU has been constantly interpreted, redesigned, and materially reformed over the decades is also a symptom of the dynamics underpinning such evolution. This transformative and mimetic nature of Article 267 TFEU explains the evergreen interest in the procedure despite the absence of any amendment to the Treaties since the 1950s, confirmed by the large number of studies published on the subject over the last few years
The European citizenship as a factor of integration
No full textMore than 16 million EU citizens are currently living or working
in a Member State other than that of which they are nationals and
many more move across the Union for business or holidays, or simply
to visit relatives and friends145. Unfortunately, however, many still find it difficult to exercise their rights mainly because of lack of information
or by reason of long and unclear administrative procedures.
Over the years, the ECJ has accepted the challenge and through a
step-by-step approach has used citizenship to promote integration.
Building upon the “fundamental status” of nationals of the Member
States, the Luxembourg judges have allowed EU citizens and their
family members, including third country nationals, to exercise free
movement rights independently of their economic activities and move
in the Union without discriminatory restrictions creating stable ties
with the host Member State. By doing so the Court has effectively
created a direct link between the EU citizens and the EU institutions.
Despite some significant limitations concerning family reunification
for static citizens and access to social benefits in the host Member
State, the right to move and reside freely on the territory of another
Member State has been taken very seriously, also in light of the EU
Charter of Fundamental Rights146. This Chapter has focused on three
aspects in particular: acquisition and loss of citizenship, registration
of names and the right to reside freely on the territory of the Union
Introduction : Tracing the Italian Influence on European Law Through Judicial Biographies
No full text
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe 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
Get PDF“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
Get PDFWe 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
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
- …
