1,720,969 research outputs found

    The Protection of EU citizens abroad: A legal assessment of the EU citizen’s right to consular and diplomatic protection

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    This article analyses the evolution of the EU citizenship right to consular and diplomatic protection and its implementation by the Member State

    Czech litigation on systematic detention of asylum seekers: Ripple effects across Europe

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    This article investigates the development of national litigation against the Czech Republic's governmental policy to detain asylum seekers under the Dublin III Regulation, as a means to address the so-called refugee crisis. The outcome of this litigation has been the preliminary ruling of the Court of Justice of the European Union in the Al Chodor case, which has been praised for enhancing domestic standards of protection of asylum seekers and returnees' right to liberty across the EU. The article demonstrates that this preliminary ruling has been a catalyst for domestic legislative and jurisprudential reforms across the EU, improving to a certain extent the protection of the right to liberty of asylum seekers. However, it is argued that in the Czech Republic the case has not initiated a change in the legislation, nor has it reduced the systematic use of asylum detention. The article identifies some important legal, political and social factors from within and beyond courtrooms that have contributed to this ambiguous outcome of the Czech litigation. It concludes by identifying circumstances that need to be taken into account when using the preliminary reference procedure as a tool for strategic litigation

    Diaspora Policies, Consular Services and Social Protection for Romanian Citizens Abroad

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    Romania is the EU Member State with the highest numbers of emigrants, according to Eurostat. The annual growth of the Romanian diaspora is one of the fastest in the world, and quite recent (over the past 20 years). In light of these developments, the institutional network for engagement with Romanians abroad, first established in the mid-1990s, has recently increased in an attempt to respond to the fast-growing Romanian diaspora. A Ministry entirely dedicated to maintaining the relations with the Romanian diaspora was formally institutionalized 10 years after Romania officially joined the EU in 2017, replacing scattered departments and institutional bodies. However, the role of the recently set up diaspora institutions still needs to be clarified and firmly determined. Policies were developed with the goal of ensuring the integration of Romanian citizens in their countries of residence, but also to encourage return to Romania. In particular, as few other European diaspora populations, the Romanian diaspora is represented in the Romanian Parliament by two Senators and four Deputies who represent the interests of three to five million Romanians abroad

    Freedom of Expression of Judges: European and National Perspectives

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    This book addresses the impact of developments surrounding the freedom of expression of judges by building on the experience of judges themselves, legal practitioners and academics across Europe. Like everybody, judges enjoy freedom of expression. However, historically, there have been starker limitations to the free speech of judges compared to ordinary citizens, the rationale being to safeguard judicial independence, impartiality and public trust in the judiciary. Where exactly the boundary lies is a highly complex question. The recent developments in Europe have rekindled the dilemma of guaranteeing freedom of expression to judges. The rule of law crisis has led many judges to speak out against the attacks of autocratic governments targeting judges and courts. The rapid expansion of the digital world has opened up new channels of communication, and the growing role of courts in society has expanded the reach of courts to practically any social issue, even the most polarised. This work critically analyses the recent jurisprudence of the Court of Justice of the EU and the European Court of Human Rights, its reception at the national level and the contribution of national judiciaries to the discussion pervading the European judicial space. It seeks to raise awareness that judicial speech is a multifaceted phenomenon shaped by complex legal and social considerations worth further exploration. The book will be of interest to academics, researchers, and policy-makers working in the areas of Human Rights Law, Constitutional Law and Politics, and Comparative Law

    Should judicial voices be heard? Judicial interactions between national and European courts reframing freedom of expression as a tool to protect the European rule of law

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    This chapter illustrates the interconnection between the two main research areas of the edited volume: judicial interactions and freedom of expression, with a focus on judges. It will start from the traditional view applied to the freedom of expression of judges, according to which judges and prosecutors enjoy freedom of expression as any other individual; however, their role as a special category of civil servants directly influences the forms and manners through which such a right can be exercised. The most important limit comes from the principles of impartiality and independence of the judiciary, which require judges and prosecutors to adopt self-restraint on specific issues. The introduction will highlight that the guidelines emerging-mostly-from ECtHR jurisprudence are now challenged by the strengthening of the connection between freedom of expression and independence of judges, recognising the importance of judicial voice for safeguarding the rule of law in Europe. The increasing number of cases decided by the CJEU will then be analysed, showing the importance of the interconnection as well as highlighting the risk faced by legal professionals: exercising the (moral) duty to speak out in the face of affronts to the rule of law, which increasingly exposes them to disciplinary and other types of sanctions

    Going Beyond Counting First Authors in Author Co-citation Analysis

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    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

    Variations on the Author

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    “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

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    We 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

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    We 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
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