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1
CAICEDO CAMACHO, DOLLY NATALIA. "LA UTILIZACIÓN DEL PODER SUBVENCIONAL DEL ESTADO EN EL MARCO DE LA ASISTENCIA SOCIAL." RVAP 105, no. 105 (August 1, 2016): 355–98. http://dx.doi.org/10.47623/ivap-rvap.105.2016.09.
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El presente artículo analiza el alcance del poder de gasto del Estado
central en el campo de la asistencia social. Para ello, describe el desarrollo
de la competencia autonómica en el marco de la descentralización territorial
del Estado social para posteriormente detallar la jurisprudencia del Tribunal
Constitucional emitida en los últimos años sobre la utilización del poder del
poder subvencional. El artículo concluye que se ha producido un cambio sustancial
a los criterios sobre la territorialización de las subvenciones de la STC
13/1992. Este cambio supone la desvinculación de las convocatorias de subvenciones
de los títulos competenciales del art. 149.1CE y una reinterpretación de
los criterios de territorialización de las ayudas en clave centralista trasladando
al campo de las competencias exclusivas la regla fijada para las competencias
compartidas. Pero, además desde un sentido más amplio, el criterio de la función
de la competencia como orientador de la disposición del gasto del Estado
se ha sustituido por un criterio más amplio y genérico, conforme al cual las
funciones normativas corresponden al Estado y las funciones de gestión corresponden
a las Comunidades autónomas. Esta regla se aplica con independencia
de que la materia objeto de la ayuda sea una competencia compartida o
exclusiva. Artikulu honetan Estatu zentralaren gastu-ahalmenaren norainokoa
aztertzen da gizarte-laguntzaren eremuan. Horretarako, eskumen autonomikoaren
garapena deskribatzen da Estatu sozialaren lurralde-deszentralizazioaren
esparruan, eta gero azken urteotan diru-laguntzak emateko ahalmenaren
erabilerari buruz Konstituzio Auzitegiak jaulkitako jurisprudentzia aztertzen da
xeheki. Artikuluan ondorioztatzen da funtsezko aldaketa gertatu dela STC 13
/1992 epaiko diru-laguntzen lurralde-banaketari buruzko irizpideen inguruan.
Aldaketa horrek ekarri du ondorio modura, diru-laguntzen deialdiak Espainiako
Konstituzioaren 149.1 artikuluko eskumen-tituluetatik banandu eta bereizi egin
direla eta laguntzen lurralde-banaketarako irizpideak berrinterpretatu direla
ikuspegi zentralista batetik, eta eskumen esklusiboen eremura lekualdatu dela
eskumen partekatuentzat finkatuta zegoen araua. Baina, horrez gainera, zentzu
zabalago batean, Estatuaren gastuaren bideratzaile izatearen eskumen-funtzioari
buruz lehen aplikatzen zen irizpidearen ordez, irizpide zabalagoa, generikoagoa
ezarri da, zeinaren arabera araugintza-eginkizunak Estatuari dagozkion
eta kudeaketa-eginkizunak, aldiz, autonomia-erkidegoei. Arau hori laguntzaren
xede den arloa eskumen partekatukoa edo esklusibokoa den kontuan hartu gabe
aplikatzen da. This article analyzes the scope of the spending power by the
Central State within the field of social assistance. To that end, it is described the development of the autonomous competence within the State territorial
descentralization in order subsequently to itemize the Constitutional Court case
law delivered during the last years regarding the use of the power to subsidize.
The article concludes that there has been a significant change in the criteria
regarding the territorialization of subsidies as stated by the Constitutional Court
judgement 13/1992. This change means the decoupling of the call for subsidies
from the powers by art. 149.1 C and a reinterpretation of the territorialization
criteria in the field of aids in terms of centralization allocating to the field of the
exclusive competences the rule established for the shared competences. But
from a broader sense the criteria of the competence as a guiding criteria for the
disposal of spending by the State has been substituted for a wider and broader
criteria according to whom legal functions belong to the State and management
functions to the Autonomous Communities. This rule applies regardless of the
field of the aid is a shared or exclusive competence.
2
Karayigit, Mustafa T. "Why and to What Extent a Common Interpretative Position for Mixed Agreements?" European Foreign Affairs Review 11, Issue 4 (December 1, 2006): 445–69. http://dx.doi.org/10.54648/eerr2006037.
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The phenomenon of mixed agreements has become the main feature of external relations of the Community legal order and it also is to become the main feature of external relations of the European legal order. With regard to this phenomenon the paper examines whether, to what extent and why a common interpretative position is followed by the ECJ for provisions of mixed agreements so as to shed light on the characteristics of the existence and exercise of competences of both the Community and the Member States in the external sphere in the light of case law to better understand a true structure of the Community legal order. The paper has two main arguments. Firstly, the paper asserts that neither the existence nor the exercise of external competences of the Community could be confined to its exclusive external competences, since the Community also nonexclusively exercises its external competences. Secondly, given that competences are demarcated within the Community legal order in an objective-oriented way in furtherance of the Treaty objectives, the shared and complementary characteristics of the national competences signify the incorporation of shared national competences into this legal in order to be exercised within the Community framework. It no longer is possible, upon the European constitutionalization process, to describe national competences as merely one type.
3
Neunreither, Karlheinz. "Subsidiarity as a Guiding Principle for European Community Activities." Government and Opposition 28, no. 2 (April 1, 1993): 206–20. http://dx.doi.org/10.1111/j.1477-7053.1993.tb01278.x.
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Maastricht Has Put Subsidiarity in The Forefront OF European Community (EC) guidelines. This new principle will allow the EC to take action wherever competences are shared in those areas where the member states cannot sufficiently achieve its objectives, but not beyond. The new Article 3b reads:The Community shall act within the limits of the powers conferred upon it by this Treaty and of the objectives assigned to it therein.In areas which do not fall within its exclusive competence, the Community shall take action, in accordance with the principle of subsidiarity, only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member states and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the Community.Any action by the Community shall not go beyond what is necessary to achieve the objectives of this Treaty.
4
Leal-Arcas, Rafael. "Exclusive or Shared Competence in the Common Commercial Policy : From Amsterdam to Nice." Legal Issues of Economic Integration 30, Issue 1 (April 1, 2003): 3–14. http://dx.doi.org/10.54648/leie2003002.
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This paper is an analysis of the EC's Common Commercial Policy (CCP) since the Amsterdam Treaty until the Nice Treaty. It explains the CCP’s evolution since the 1996 Amsterdam Intergovernmental Conference, taking into account the most recent constitutional developments of division of competencies between the EC and its Member States. I conclude that the increasing demands at Nice for greater transparency and simplicity have not been met by the new version of Article 133 EC and that most EU Member States did not bring the scope of the EC’s commercial policy in line with the scope of international economic law as it evolved from the conclusion of the WTO Agreement. The European Parliament was the big loser in the new Article 133 EC since it was not given any new rights at the Nice summit. The Treaty of Nice, thus, only represents a small step forward in strengthening the EC’s capacity to act on the international sphere.
5
Waddington, Lisa. "The European Union and the United Nations Convention on the Rights of Persons with Disabilities: A Story of Exclusive and Shared Competences." Maastricht Journal of European and Comparative Law 18, no. 4 (December 2011): 431–53. http://dx.doi.org/10.1177/1023263x1101800404.
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6
Puig, Ramón Vidal. "The Scope of the New Exclusive Competence of the European Union with Regard to Foreign Direct Investment." Legal Issues of Economic Integration 40, Issue 2 (May 1, 2013): 133–62. http://dx.doi.org/10.54648/leie2013008.
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Article 207 TFEU confers upon the European Union exclusive competence with regard to 'foreign direct investment'. This article argues that this competence may be broad enough to cover most, if not all, the matters usually addressed in a Bilateral Investment Treaty. It covers both the initial 'admission' of investments and 'post-admission' matters, such as 'national treatment', 'most-favoured nation treatment' or 'equal and fair treatment'. Member States retain the right to expropriate the assets of foreign investors, but the Union may subject its exercise to certain conditions. Article 207 TFEU does not cover 'portfolio investments', but the Union may have implied exclusive competence by virtue of the common rules on capital movements (Articles 63-66 TFEU). Competence in the 'field of transport' remains, in principle, 'shared'. Member States may maintain the restrictions 'grandfathered' by Article 64(1) TFEU. It is arguable, but more doubtful, that Article 65(1)TFEU also provides an exception.
7
Yotova, Rumiana. "OPINION 2/15 OF THE CJEU: DELINEATING THE SCOPE OF THE NEW EU COMPETENCE IN FOREIGN DIRECT INVESTMENT." Cambridge Law Journal 77, no. 1 (March 2018): 29–32. http://dx.doi.org/10.1017/s000819731800020x.
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ON 16 May 2017, the Court of Justice of the European Union (CJEU) delivered its Opinion 2/15 concerning the competence of the EU to conclude the Free Trade Agreement with Singapore (EUSFTA) (ECLI:EU:C:2017:376). The Opinion was requested by the Commission which argued, with the support of the European Parliament (EP), that the EU had exclusive competence to conclude the EUSFTA. The Council and 25 of the Member States countered that the EUSFTA should be concluded as a mixed agreement – that is, by the EU and each of its members – because some of its provisions fell under the shared competence of the organisation or the competence of the Member States alone.
8
Li, Guofang, and Huangwei Gao. "An Equity Perspective on Chinese (csol) Teacher Preparation for Global Contexts: Domestic and International Preservice Teachers’ Experiences." Beijing International Review of Education 3, no. 3 (December 13, 2021): 462–86. http://dx.doi.org/10.1163/25902539-03030001.
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Abstract Using a three-dimensional framework that sees equity as distributed justice, inclusion, and rightful presence, this study examines the perspectives of 60 (40 domestic and 20 international) pre-service csol teachers’ experiences of preparation for teaching in diverse local and global contexts in a major teacher education program in China. Thematic analyses of semi-structured interview data revealed the exclusive Chinese linguistics focus of the program excluded both domestic and international preservice teachers’ needs to learn to teach in csol and through csol. The attention to traditional Chinese cultural knowledge also failed to legitimize “the rightful presence” of international students or prepare the teachers with intercultural competence. Finally, the lack of attention to the theory-practice connection in core competencies preparation had resulted in distributed injustice and a shared sense of under-preparedness for both groups. Findings inform an equity-centered Tcsol teacher education for global contexts.
9
Baumé, Tristan. "Competence of the Community to Conclude the New Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgements in Civil and Commercial Matters: Opinion 1/03 of 7 February 2006." German Law Journal 7, no. 8 (August 1, 2006): 705–16. http://dx.doi.org/10.1017/s2071832200005022.
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On March 5, 2003, the Council of the European Union (hereafter the ‘Council’) submitted a request for an opinion to the European Court of Justice pursuant to Article 300 (6) EC. This request was intended to clarify whether the Community had an exclusive or shared competence to conclude a new convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters intended to replace the existing Lugano Convention (hereafter the ‘new Lugano Convention’ or the ‘envisaged agreement’).
10
Chalmakoff, R. "Turnkey cleanroom complexes and engineering infrastructure. Professional experience of the company DEAXO in Russia." Nanoindustry Russia 14, no. 5 (September 22, 2021): 254–58. http://dx.doi.org/10.22184/1993-8578.2021.14.5.254.258.
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The development of "turnkey" cleanrooms is the contemporary task, in demand under the conditions of the growth both of Russian industry and the share of high-tech production, which requires complex solutions from the stage of design development to obtaining certification and post-launching service. DEAXO Company has been developing the advanced technological infrastructure of engineering systems and turnkey cleanroom complexes in Russia for more than 6 years. Within the most innovative, breakthrough fields of development of the national manufacture the company DEAXO creates and realizes exclusive smart solutions from the very idea of the project and the project negotiation till its launch and the further service of the advanced technological production facilities that meet all the requirements of the highest modern quality standards. The concern about professional skills of the employees and improvement of their engineering competences led to the creation of the training center where the new, ready to work in the DEAXO on the Russian market specialists are prepared. CEO of the company DEAXO René Chalmakoff shares the longstanding experience about working on the Russian and international market of semiconductor industry.
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Pas’, Yaryna. "MANAGEMENT SYSTEM OF BANKING BUSINESS DEVELOPMENT." Social & Legal Studios 12, no. 2 (June 30, 2021): 168–74. http://dx.doi.org/10.32518/2617-4162-2021-2-168-174.
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The current development of the economy and the state of the banking system provokes significant changes in the functioning of banks, especially in conditions of economic and political instability. Rapid response to external and internal factors that affect the development of the banking business is the main task of the bank’s management entity. That is why the issue of management system of banking business development becomes especially significant, which determines the relevance of the chosen topic and the feasibility of the carried out research for the development of the issue. The article examines the statutes of existing Ukrainian banks and determines that the management system of banking business development is formed by three higher governing bodies of the bank that is the general meeting of the bank, the supervisory board and the bank’s board. The purpose of the article is to determine the organizational system of the bank, which is part of the overall management system of the banking business. In the process of analysis of the methods of theoretical and empirical research (system method, method of comparison, method of generalization, scientific abstraction, tabular method) and others are applied. The project of standard powers of exclusive competence of the general meeting of bank participants, the project of standard functions of exclusive competence of the bank’s supervisory board and the project of standard competences of the board for improving the internal management system of banking business development are proposed in the article. These three high governing bodies provide full management of the bank’s development. They determine the bank’s development strategy and implement it as well as control the financial condition of the bank and its compliance with current legislation of Ukraine and certain areas of development of the bank, share the full range of strategic, tactical and operational functions for managing banking development, ensuring the integrity of the management system of the banking business in general and its development in particular.
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Sherriff, Andrew. "The EEAS: Navigating EU Inter-Institutional Relations and Africa." European Foreign Affairs Review 26, Issue 1 (February 1, 2021): 115–32. http://dx.doi.org/10.54648/eerr2021010.
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The first ten years of the European External Action Service (EEAS) coincided with a time of considerable evolution in the global, European, and African landscape. This article explores the success of the EEAS strategic navigation of the EU’s inter-institutional and Member State relationships with Africa. Issues such as diplomatic relations, peace and security, and the Commission’s exclusive and shared competences in trade and development cooperation respectively are examined from the EEAS point of view. It highlights the strategic and practical constraints facing the EEAS that explain not only past challenges, but those that remain relevant for the future performance of the Service. It looks at issues in EEAS Headquarters (HQ) as well as within the EU Delegations and explores the relationship between the EEAS and EU external financial instruments. It concludes that given its relative youth, the EEAS did not perform badly despite the peculiar circumstances in which it found itself. Looking forward, the long and rather chequered history of EU–Africa relations could do with a better strategic touch, informed by clear insight regarding dynamics on the continent and the position and interests of African actors. This is an argument in favour of a more empowered EEAS at HQ and within Delegations. Africa, EEAS, DEVCO, Aid, Joint Africa EU Strategy (JAES), African Union, Geopolitical Commission, NDICI, European Commission, HRVP
13
Kotsubei, O. O. "EU Criminal Law Policy Under The Lisbon Treaty." Actual problems of improving of current legislation of Ukraine, no. 54 (November 30, 2020): 160–69. http://dx.doi.org/10.15330/apiclu.54.160-169.
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The new provisions introduced by the Lisbon Treaty provide flexibility and thus eliminate many questions about whether the EU can be empowered to act in any area of criminal law. However, its powers and tools raise other issues. First, the Lisbon reforms demonstrate an agreement to disagree on whether centralized action should form a major part of national legislation. Although the application of mutual recognition as a constitutional standard implies that Member States remain at the forefront of law enforcement, the Lisbon Treaty clearly allows for future decisions on the centralization of powers in EU institutions such as Europol and Eurojust. It also does not provide for unconditional criminal jurisdiction, but imposes some restrictions. Directives are also a problem as a legal instrument by which the Union can establish minimum rules. Given the significant limitations of the Directive as a tool and the potential lack of direct impact on instruments containing minimum rules, the question arises as to whether any provisions in the section on Freedom, Security and Justice can allow the creation of directly applicable criminal law in the form of regulations. acts, or whether it is possible to use these or other powers that are allegedly outside the scope of this section to circumvent the references to the directives. In addition, it should not be forgotten that the TFEU provides for exclusive, shared and supportive competences in the field of criminal law policy.
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Ebobrah, Solomon, and Felix Eboibi. "Federalism and the Challenge of Applying International Human Rights Law Against Child Marriage in Africa." Journal of African Law 61, no. 3 (July 10, 2017): 333–54. http://dx.doi.org/10.1017/s0021855317000195.
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AbstractFederalism presents a dilemma for the implementation of international human rights law in those African states that operate federal constitutions. Central governments in these states enjoy international legal personality, make treaties and represent their states as parties to those treaties, yet internal legislative competence over some issues regulated by treaty is commonly shared between central and regional governments. Consequently, while central governments bear responsibility for transforming international standards into national law, challenges arise in areas such as the protection of children from child marriage, where they lack exclusive national legislative competence. How have these states managed to implement international law without violating their own constitutions? Applying a comparative approach, this article argues that African federal states have employed two main models to overcome the dilemma, neither of which has been totally effective. Drawing lessons from federal states outside Africa, the article suggests other mechanisms to perfect Africa's two main models.
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Loncar, Zoran. "Jurisdiction of state administration in the procedure of issuing travel documents." Zbornik Matice srpske za drustvene nauke, no. 135 (2011): 241–58. http://dx.doi.org/10.2298/zmsdn1135041l.
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Under the new law on travel documents, in addition to authority that has the Government of Serbia, in terms of issuing travel documents and a shared competence between the Ministry of Internal Affairs and the Ministry of Foreign Affairs depending on the type of travel document in question. Ministry of Foreign Affairs is authorized to issue a diplomatic passport, official passport and travel document, while all other travel documents are issued by the Ministry of Internal Affairs. When it comes to the passport as the most important travel document the jurisdiction of the Ministry of Internal Affairs is fully established. Diplomatic and Consular Missions of the Republic of Serbia abroad can now only receive requests for passport, but the issuance of travel documents of this type is exclusive jurisdiction of the Ministry of Internal Affairs. Such jurisdiction of the state administration in the process of issuing travel documents, along with other novelties which significantly modernize this kind of special administrative procedures should in practice very quickly enable the efficient issuance of travel documents, thus achieving the complete freedom of movement as one of the rights guaranteed by the Constitution to the citizens of the Republic of Serbia.
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Becker, Michael A. "Request for an Advisory Opinion Submitted by the Sub-regional Fisheries Commission (SRFC)." American Journal of International Law 109, no. 4 (October 2015): 851–58. http://dx.doi.org/10.5305/amerjintelaw.109.4.0851.
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On April 2, 2015, the International Tribunal for the Law of the Sea (ITLOS or Tribunal) rendered an advisory opinion on the rights and obligations of flag states and coastal states regarding illegal, unreported, and unregulated (IUU) fishing within the exclusive economic zone (EEZ). ITLOS confirmed that the full Tribunal—not just its Seabed Disputes Chamber—has jurisdiction to render advisory opinions, a matter of controversy that had previously been untested. The Tribunal also held that under the 1982 United Nations Convention on the Law of the Sea (UNCLOS or Convention), flag states have a “due diligence” obligation to ensure that vessels flying their flag do not engage in IUU fishing activities, and that the flag state may be held liable if that obligation of due diligence is breached. In addition, the Tribunal clarified that where fisheries competence has been transferred from a state to an international organization, it is the organization, not the flag state, that may face liability for a failure to have taken adequate measures to prevent IUU fishing. Finally, the Tribunal confirmed that coastal states have a duty to consult and cooperate with each other in the sustainable management of shared stocks and highly migratory species.
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Zaharia, Virginia, and Veronica Pozneacova. "Supranationalism vs. Intergovernmentalism in the Actual Organization of EU." Logos Universality Mentality Education Novelty: Political Sciences & European Studies 6, no. 2 (2020): 47–61. http://dx.doi.org/10.18662/lumenpses/6.2/23.
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In the modern doctrine of law are presented several views that refer to the legal personality of the EU. Some researchers consider that the future of the EU is dominated by some supranational tendencies represented by the deeper supranational integration of member-states within the Union and the diminishing of the importance of member-states governments in comparation with the actual situation. Other researchers note the tendency to increase the role of member-states in determining European policy in the most important areas. This scientists note the increase of intergovernmental tendencies in the EU. This article is a study dedicated to determining the legal personality of the EU as an international organization. This research paper highlights the trends that are present in the current construction of the EU. In this context, we have outlined the following objectives: to identify the legal nature of the EU; to determine the essence of supranationalism as a type of multinational political union; to analyse the concept of classical cooperation in the international organizations; to examine the difference and common aspects of this theories; to determine the areas in which the EU has exclusive competence, shared competence with member states, support competence as well as some domains in which the EU coordinates the policy with the state-members. As a result of the research, we aimed to determine the supranational aspects and those of classical cooperation in this international organization. This research paper focuses on the relation between the supranational and intergovernmental tendencies in the actual construction of the EU by analyzing some development trends that would domain in the future development of this organization.
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Wuni, Ibrahim Yahaya, Geoffrey Qiping Shen, Adedayo Johnson Ogungbile, and Jonathan Zinzi Ayitey. "Four-pronged decision support framework for implementing industrialized construction projects." Construction Innovation 22, no. 2 (October 15, 2021): 263–83. http://dx.doi.org/10.1108/ci-11-2020-0184.
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Purpose Industrialized construction (IC) is promoted to address some of the ills associated with the processes and products of the traditional construction approach. With several successful projects, IC is progressively becoming a preferred alternative construction approach and spurred the interest of contractors, developers and housing authorities in the technology. Increasingly, these stakeholders are keen to ascertain the compatibility and feasibility of using IC in their projects. This paper aims to develop a knowledge-based decision support framework for implementing industrialized construction projects (ICPs) that can facilitate better and informed decision-making when deciding to implement ICPs. Design/methodology/approach A comprehensive literature review was implemented to recruit 40 decision support factors (DSFs) and grouped into project requirements, location and site attribute, labour considerations and organizational factors. A 3-member expert panel validated the relevance of 35 DSFs, which became candidates for a structured questionnaire survey of experts in 18 countries. Statistical techniques are used to evaluate and prioritize the DSFs, leading to the development of a conceptual framework. Findings Statistical analysis revealed 33 significant DSFs. The top five most significant factors that could influence the decision to implement IC in a project include a stringent requirement for project quality control, suitability of the design for IC, organizational readiness and competencies in ICPs, client receptivity to IC and the need to minimize field construction time. A framework of project requirements, location and site attributes, labour considerations and organizational factors was proposed as decision support. Practical implications The proposed framework may help to inform decision-making regarding the implementation of IC in a project. It has wider applicability because it includes technical, managerial and operational aspects of and the required competencies for IC, which are shared between project types and territories. The prioritized DSFs could be used as a guide when implementing IC, especially in countries where bespoke decision support systems cannot be developed. Originality/value The paper delineated the most important DSFs that are shared between IC project types and territories and can be used to investigate the compatibility of using IC in a proposed project. This research constitutes the first exclusive attempt at delineating, quantifying and ranking the sets of decision-making factors, drawing on international data set and contributes to the empirical checklist of DSFs for ICPs.
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Leal-Arcas, Rafael. "The European Court of Justice and the EC External Trade Relations: A Legal Analysis of the Court's Problems with Regard to International Agreements." Nordic Journal of International Law 72, no. 2 (2003): 215–51. http://dx.doi.org/10.1163/157181003322560565.
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AbstractThis article explains why the WTOand the various agreements that form an integral part of the Agreement establishing the WTO raise problems and challenges for the Court of Justice of the European Communities (ECJ). It focuses on the role of the ECJ in relation to exclusive and shared competence. The European Community's (EC) specific problems and challenges for the ECJ are partly related to the EC's position in the WTO. In this sense, the opinion of Advocate General Tesauro in Hermès International v. FHT Marketing Choice is helpful for understanding the unitary character of the EC's external trade relations. This article includes a discussion of Hermès v. FHT Marketing concerning the interpretation of Article 50 of the Agreement on TRIPS, annexed to the 1994 Agreement establishing the WTO. The new mechanisms introduced by the WTO Dispute Settlement Understanding are perhaps not comparable to the full judicial system within the EU, but they have changed both the rules and the legal culture concerning the adjudication and enforcement obligations. Although the WTO is still an intergovernmental organization, powerful private actors have already learned to manipulate the system to reach legal adjudication under the guise of intergovernmental disputes. This paper concludes that the EC wants to deny 'direct effect' to the WTO. This article offers the conclusion that we must aim at the creation of new standards to judge the applicability of international agreements. Otherwise, by allowing policy makers to decide rather than ECJ, the EC legal order may be at risk.
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Ballesteros Barros, Ángel María. "La reinterpretación del Forum Societatis: nota a la Sentencia del TJUE de 7 de marzo de 2018, C-560/16, e.On = Forum Societatis revisited: commentary to the ECJ Judgment of 7 march 2018, c-560/16, e.On." CUADERNOS DE DERECHO TRANSNACIONAL 10, no. 2 (October 5, 2018): 811. http://dx.doi.org/10.20318/cdt.2018.4403.
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Resumen: La sentencia del TJUE de 7 de marzo de 2018, C-560/16, E.ON, resuelve una cuestión relativa al alcance del foro de competencia exclusiva previsto en el art. 22.2 del Reglamento 44/2001, interpretando que una demanda que tiene por objeto el control judicial del carácter razonable de la contraprestación que el accionista mayoritario de una sociedad debe abonar a sus accionistas minoritarios en caso de transmisión obligatoria de sus acciones es competencia exclusiva de los tribunales del Estado miembro en cuyo territorio está domiciliada dicha sociedad. El presente artículo discrepa del razonamiento utilizado por el TJUE y propone una solución diferente al conflicto de calificación de la acción objeto del litigio principal.Palabras clave: Artículo 22 (2) Reglamento (CE) nº 44/2001, competencia exclusiva, litigios relativos a la validez de las decisiones de los órganos de las sociedades, alcance.Abstract: ECJ Judgment of 7 March 2018, C-560/16, E.ON, clarify the scope of application of Article 22(2) of Council Regulation (EC) No 44/2001. The Court held that Article 22.2 must be interpreted as meaning that an action, such as that at issue in the main proceedings, for review of the reasonableness of the consideration that the principal shareholder of a company is required to pay to the minority shareholders of that company in the event of the compulsory transfer of their shares to that principal shareholder comes within the exclusive jurisdiction of the courts of the Member State in which that company is established. The author of this article disagrees with the reasoning used by the ECJ and proposes a different solution to the characterization of the action in the main proceedings.Keywords: Article 22(2) of Regulation (EC) No 44/2001, exclusive jurisdiction, disputes relating to the validity of decisions of the company’s organs, scope.
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Ramírez-García, Antonia, and Natalia González-Fernández. "Media Competence of Teachers and Students of Compulsory Education in Spain." Comunicar 24, no. 49 (October 1, 2016): 49–58. http://dx.doi.org/10.3916/c49-2016-05.
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Faced with a society that uses the media from dawn until dusk, it is imperative to identify the relationship between users and media. Therefore, this quantitative research aims to determine media competence levels of teachers and students in compulsory education in six areas. Media competence offers a diagnosis of possible shortcomings and needs educational intervention in both groups. Primary education students have shown an intermediate level of media competence. Secondary education students are at a basic level of competence in all the areas, except for technology and media literacy, which are at an intermediate level of competence. Most teachers have a basic level of media competence in all areas. Despite having a curriculum that meets the needs of media literacy in compulsory education and the proliferation of policies supporting technology, this is the weakest area in participants. A critical revision of school curricula and a consensus in their design and development would facilitate students’ shared training and minimize a possible exclusion in relation to media. Meanwhile an own curriculum and a training through a network of related professionals is the way to achieve higher levels of competence in both groups.Ante una sociedad en la que desde el amanecer se utilizan medios de comunicación, es necesario identificar las relaciones que se establecen con los mismos. Esta investigación de naturaleza cuantitativa pretende determinar los niveles de competencia mediática del profesorado y alumnado de educación obligatoria en las seis dimensiones que la integran. Estos niveles ofrecen un primer diagnóstico sobre posibles carencias y necesidades de intervención educativa. El alumnado de Educación Primaria demostró poseer unos niveles competenciales medios. El alumnado de Educación Secundaria, salvo para las dimensiones tecnología y estética, que se situaría en un nivel medio de competencia, en las restantes, el porcentaje mayoritario lo sitúa en niveles básicos. La mayor parte del profesorado en todas las dimensiones de la competencia mediática se ubica en un nivel básico. A pesar de contar con un currículo escolar que responde a las necesidades de alfabetización mediática en la enseñanza obligatoria y proliferar políticas de apoyo a la tecnología, en la práctica la mayor debilidad de los participantes, sobre todo profesorado, se centra en el aspecto tecnológico. La revisión crítica de los currículos escolares y un consenso en el diseño y desarrollo de los mismos facilitarían una formación común del alumnado y alejaría el fantasma de una posible exclusión mediática. Mientras que un currículo propio y una formación mediante redes relacionales de profesionales es el camino para alcanzar mayores niveles competenciales en ambos colectivos.
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Maydell, Niklas. "Lost in Exclusivity: Implied Non–exclusive External Competences in Community Law." European Foreign Affairs Review 13, Issue 4 (December 1, 2008): 493–513. http://dx.doi.org/10.54648/eerr2008037.
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Implied non–exclusive competences empower the Community to conclude international agreements and, if such power is used, forestall Member States from acting. With the focus in this field rather on the more momentous category of implied exclusive competences, the very existence of such competences has either been disputed or has been confirmed without further specification. The authors show that, after inconsistent early case law, matters have been clarified by the Lugano Opinion of the European Court of Justice. As a consequence, it is argued for the facilitation test as criterion for the coming into existence of implied nonexclusive competences and yardsticks for its application are suggested. In this context, the authors observe striking analogies to the case law on the delimitation of competences between the pillars. Finally, past and future implications for treaty–making practice are explored, among others by topical example of the Minimum Platform on Investment.
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Kuźnar, Andżelika, and Jerzy Brunon Menkes. "EU-Japan Agreements: Content, Context and Implications." Review of European and Comparative Law 39, no. 4 (July 7, 2020): 7–57. http://dx.doi.org/10.31743/recl.4839.
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The article analyses the agreements concluded by the EU with Japan: Economic Partnership Agreement, Strategic Partnership Agreementand the negotiated agreement: Investment Protection Agreement. EPA liberalizes trade in goods and services. By setting the legal framework for a strategic partnership, SPA facilitates cooperation against common challenges. IPA will regulate standards for investment protection and disputes resolution.
The analysis consists: – the content of the Agreements; – socio-economic and political potential of the parties; – EU’s legal powers to negotiate and conclude agreements, and its competence, whether exclusive or shared, to enter into these Agreements; – the importance of Agreements for their parties and for other international actors as well as for regional, trans-regional and global relations.
The thesis of the study is the statement that in a world where instability is increasing and security is reduced, the parties are fulfilling their, as real great powers, obligation to bear special responsibility for the implementation of the values represented. The Agreements confirm the community of values on which they are embedded and create conditions for strengthening these values.
The study consists of five parts. First we analyse the subject matter of the Agreements , then their actors, and the reasons of concluding them and why. In part IV \we explain the importance of the Agreements for the contracting parties and for the international community, and in part V we concentrate on the Agreements as seen from the external perspective.
The conclusions state that the Agreements institutionalise security communitywhere the security and defence policy component is still relatively weak, but is also being developed. The agreements making closer political and economic ties between the UE and Japan open the way to creation of the EU’s security community with “democratic diamonds” in the Asia–Pacific region.
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Sacchetti, Silvia, and Ermanno Tortia. "Social responsibility in non-investor-owned organisations." Corporate Governance: The International Journal of Business in Society 20, no. 2 (January 13, 2020): 343–63. http://dx.doi.org/10.1108/cg-04-2019-0123.
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Purpose This study investigates how the creation of social value occurs in different organisational fields, and how it is implemented by organisations that are typically associated with member welfare and social objectives. The purpose of this study, specifically, is to analyse how social responsibility is implemented in organisational forms that do not pursue profit-making objectives in an exclusive or dominant way, that is, organisations that explicitly shape their aims and governance around the production of social value. Design/methodology/approach The paper discusses the main types of organisational forms and their relation with social responsibility. It then presents four case studies completed between 2011 and 2013 in Scotland, UK. These include a range of types of non-investor-owned organisations: two employee-owned companies, one co-operative enterprise and one social enterprise. The case studies have explanatory and descriptive nature, and were aimed at enquiring how non-conventional organisations design their governance, achieve economic sustainability and show capacity to produce social value. Findings Findings highlight the most common elements of the modality by which social responsibility is instituted in the non-profit sector. These include: modifying control rights (“who takes part” and “according to what criteria”); including stakeholders in decision-making processes eventually by means of external networking (how decisions are made and what resources are shared); and making societal aims explicit (“to what expected effects”). Results also emphasise that the production of social value presents challenges. Research limitations/implications Results indicate that social responsibility can be created in different ways. This study’s analysis, however, is limited to illustrative cases from the specific context of Scotland. First, further research is needed on solutions that contribute to a practical understanding on how social value is produced in a variety of contexts. Second, this research does not address what competences are required to develop such solutions. Finally, in this study, the focus has been mostly on successful cases. More insights on the difficulties and limitations that non-investor-owned organisations face when implementing social responsibility would be needed. Practical implications The implementation of this study’s findings is within the control of practitioners and can be useful to the sector, as it identifies the features and challenges of governance consistent with deep forms of social responsibility. Social implications The paper identifies forms of organisations that place the creation of social value at their core. In doing so, this study’s contribution improves understanding around forms of enterprise that can generate positive impacts for society, so that society can promote them actively. Originality/value This study’s contribution offers unique case studies using a framework that analyses social responsibility in a novel way that is by explaining how non-conventional firms design their governance consistently with the aim of producing value for society and to what extent this is done by including diverse interests coming from a variety of stakeholders.
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Krzysztofik, Edyta Anna. "Scope and Exercise of the Exclusive Competences of the Member States of the European Union." Review of European and Comparative Law 43, no. 4 (December 11, 2020): 23–46. http://dx.doi.org/10.31743/recl.6056.
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The process of European integration has introduced the Member States into a new legal reality. The existing exclusivity in the area of competence implementation has been replaced by a two-stage model of their exercise. The Member States, when conferring part of their supervisory powers, did not specify the scope of their own competences. The so-called European clauses were analysed in the Constitutions of selected Member States, which showed that they define the recipient of the conferral and, in a non-uniform manner, specify the subject of the conferral. The analysis of the indicated provisions clearly shows that the Constitutions of the Member States exclude full conferral of competences on the European Union. There is no specification of the scope of competences that may be conferred. However, this issue was addressed by Constitutional Courts of the Member States. The article refers to the judgements of the German Federal Constitutional Court and the Polish Constitutional Court. It has been shown that they equate exclusive competences of the Member States with the scope of the concept of constitutional identity reduced to basic principles of the state. The Court of Justice of the European Union analysed the scope of competences of both entities. The article presents the analysis of judgements on: entries in Civil Registry regarding transcription of surnames, the issue of recognition of same-sex marriages, reform of the judiciary system in Poland, and the application of the Charter of Fundamental Rights in the areas that do not fall under EU competence. Regardless of the division of competences, the EU is bound by the principle of respect for national identity of the Member States, including constitutional identity. It both obligates the EU to respect the exclusive competences of the Member States and is a premise restricting the achievement of EU objectives.
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Pięta, Paweł. "DEVELOPMENT OF SOCIAL CAPITAL BY STRENGTHENING OF DIGITAL COMPETENCES AMONG GROUPS EXPOSED TO SOCIAL EXCLUSION." Annals of Marketing Management and Economics 4, no. 1 (June 20, 2018): 73–87. http://dx.doi.org/10.22630/amme.2018.4.1.6.
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Competitive advantage in the professional market is shaped by the competences possessed, i.e. skills, qualifications, and permissions. One of the eight types of key competences mentioned in the European Union documents is digital competence.It is a collection of knowledge, skills, and rudiments necessary for both, the purposeful point of view and active participation of a given person in social life. The low level of digital competences possessed is particularly visible among groups at risk of digital exclusion, in particular among people living in rural areas, the elderly and people with low education. The difference between people who have access to a computer and the Internet and people who do not have the possibility to use these devices is affected by the dynamic development of information and communication technologies. Digital exclusion is not only the lack of access to the appropriate infrastructure but also the lack of computer and Internet skills. In order to counteract the exclusion of these groups, activities aimed at developing social capital by strengthening digital competences play an important role.
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Puccio, Laura, Paola Conconi, and Cristina Herghelegiu. "EU Trade Agreements: To Mix or Not to Mix, That Is the Question." Journal of World Trade 55, Issue 2 (April 1, 2021): 231–60. http://dx.doi.org/10.54648/trad2021009.
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The European Union (EU) can only act internationally on competences that have been transferred to it by its Member States. Trade agreements negotiated by the EU that include provisions outside its exclusive competences should be concluded as ‘mixed’. Mixed trade agreements must be ratified following not only the procedures set out in the EU treaties, but also the national ratification procedures of the Member States. As a result, national or even regional parliaments may block trade deals agreed between the EU and its trading partners after years of negotiations. Should the EU then avoid negotiating mixed trade agreements? We argue that the answer to this question depends crucially on the objectives of the EU when negotiating with its trading partners. If the EU is mostly driven by market-access motives, it should restrict the agreement to policy areas under its exclusive competence, thus insulating the trade deal from the legal and political risks of mixity. When instead its motives are mostly political, mixity is a ‘necessary evil’ to achieve non-trade objectives. Trade Agreements, European Unity, Competences, Ratification Procedures
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Bakhoum, Mor. "Delimitation and Exercise of Competence between the West African Economic and Monetary Union (WAEMU) and its Member States in Competition Policy." World Competition 29, Issue 4 (December 1, 2006): 653–81. http://dx.doi.org/10.54648/woco2006044.
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WAEMU’s competition policy has been orientated towards an increasing centralization of competence within the Union by means of unified rules regarding agreements, abuse of dominant position and State aids. Accordingly, Member States have been deprived of all their competence in these fields. When legislating in the field of competition law, WAEMU Member States must respect the scope of the Union’s exclusive competence. Centralization is also to be seen with regard to procedures, which are an exclusive competence of the WAEMU Commission.A critical glance at WAEMU’s competition policy, both in material and procedural terms, reveals that even if this policy is justified, given both the relative infancy of the organization and the lack of a “competition culture” on the part of Member States, centralization nevertheless endangers the effectiveness of WAEMU competition law. Whereas a certain degree of harmonizing legislation may be justified in the framework of WAEMU, it remains doubtful whether an exclusive competence on the part of the WAEMU Commission would contribute to better achieving the goals of Community competition law.<abs>ƒAccordingly, the distribution of competences between the WAEMU Commission and the WAEMU Member States calls for a redefinition which should seek to increase the involvement of Member States as far as decision-making is concerned. In this respect, a proposal is put forward according to which WAEMU Member States would be accorded a number of competences which would coexist with the competences vested in the WAEMU Commission.<?tf>
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Suddendorf, Thomas, Jessica Crimston, and Jonathan Redshaw. "Preparatory responses to socially determined, mutually exclusive possibilities in chimpanzees and children." Biology Letters 13, no. 6 (June 2017): 20170170. http://dx.doi.org/10.1098/rsbl.2017.0170.
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The capacity to imagine and prepare for alternative future possibilities is central to human cognition. Recent research suggests that between age 2 and 4 children gradually begin to demonstrate a capacity to prepare for two simple, mutually exclusive alternatives of an immediate future event. When children were given the opportunity to catch a target an experimenter dropped into an inverted Y-shaped tube, 2-year olds—as well as great apes—tended to cover only one of the exits, whereas 4-year-olds spontaneously and consistently prepared for both possible outcomes. Here we gave children, age 2 to 4 years, and chimpanzees a different opportunity to demonstrate potential competence. Given that social behaviour is particularly full of uncertainty, we developed a version of the task where the outcome was still unpredictable yet obviously controlled by an experimenter. Participants could ensure they would catch the target by simply covering two tube exits. While 4-year-olds demonstrated competence, chimpanzees and the younger children instead tended to cover only one exit. These results substantiate the conclusion that the capacity for simultaneous preparation for mutually exclusive event outcomes develops relatively late in children and they are also in line with the possibility that our close animal relatives lack this capacity.
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Workman-Stark, Angela. "From exclusion to inclusion." Equality, Diversity and Inclusion: An International Journal 34, no. 8 (November 16, 2015): 764–75. http://dx.doi.org/10.1108/edi-01-2015-0006.
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Purpose – The purpose of this paper is to examine the cultural aspect of policing, particularly as it relates to the role of gender, and proposes an alternative approach to addressing the culture of masculinity within policing. Design/methodology/approach – First, the author provides a brief overview of the nature of policing. This is followed by a review of the relevant literature on policing and gender and the implications for men, women, and police organizations of adhering to a militarized or hegemonic form of masculinity. Finally, the author discusses Ely and Myerson’s proposed theory for “undoing gender” and its relevance for policing. Findings – The findings of this paper suggest that the police culture continues to reinforce the masculine image of policing, thereby representing a significant barrier to the advancement of women. The findings also suggest that this barrier may be overcome through shared goals that advance collective well-being, definitions of competence linked to task requirements, and a learning orientation toward work. Originality/value – This paper makes an important contribution to the existing literature on gender and policing, as it specifically focusses on the cultural influences of masculinity and considers the structural, behavioral, and cultural changes required to create margins of safety for police officers to experiment with new behaviors.
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Ardington, Angela. "Negotiating shared perspectives that move in and out of sociability." Journal of Language Aggression and Conflict 1, no. 2 (November 18, 2013): 165–93. http://dx.doi.org/10.1075/jlac.1.2.03ard.
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The topic of the online communication — university staff cuts — generated divergent and highly emotive views expressed in a variety of verbal actions/social practices ranging from language play to face threatening acts of verbal aggression that showed the potential to escalate into serious interpersonal conflict. Posters’ alignment practices are explored to reveal how interpersonal work in verbal conflict is co-constructed. Analysis of topic development, posters’ stance and shifting targets reveals that participants’ communicative behaviors are not driven exclusively towards resolution, rather to ‘battle it out’ engaging in a variety of verbal actions, playful and aggressive. Actions reflect posters’ highly developed sociopragmatic competence based on their socialization into an argument culture, weaving in and out of sociability, play and aggression, simultaneously reflecting discourse patterns more typically associated with the adversarial discursive behaviors of less experienced language users.
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Takács, Tamara. "Constitutional Aspects of the EUs Global Actorness: Increased Exclusivity in Trade and Investment and the Role of the European Parliament." European Business Law Review 28, Issue 2 (April 1, 2017): 103–17. http://dx.doi.org/10.54648/eulr2017009.
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This article argues that ‘exclusive’ competences were instrumental in the development of the EU as a global actor. These competences were particularly helpful in building the EU’s trade and investment policy. The main question raised is to what extent the European Parliament has been able to ensure parliamentary control over these policy areas. It is argued that both new Treaty provisions and Parliament’s own activism have turned the EP into an important actor in relation to control over the Union’s Common Commercial Policy. At the same time, the question is whether the EU’s own constitutional system is sufficient to guarantee the legitimacy of the EU’s external (economic) activities.
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Manfredi Latilla, Vito, Federico Frattini, Antonio Messeni Petruzzelli, and Martina Berner. "Knowledge management and knowledge transfer in arts and crafts organizations: evidence from an exploratory multiple case-study analysis." Journal of Knowledge Management 23, no. 7 (September 9, 2019): 1335–54. http://dx.doi.org/10.1108/jkm-11-2018-0699.
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Purpose This paper aims to analyse and discuss five longitudinal case studies in which the authors have investigated how, in a specific subset of the creative industry, i.e. the arts and crafts organizations, knowledge can be systematized and transferred, becoming a real source of competitive advantage. Design/methodology/approach As no prior empirical research on the relationship among knowledge, knowledge transfer the role of craftsmen is available, an exploratory, qualitative research design seems advisable to study the phenomenon in detail. In setting up a multiple case study, the authors established a sampling frame of criteria associated with the theoretical background and research interest of this study: the case firms had to be arts and crafts organizations well-known for the high quality and value of their artifacts and have a solid reputation for preserving the tradition and the uniqueness of their manufacturing processes. Findings It has emerged the importance of craftsmen within arts and crafts organizations, whose know-how and technical skills are high valued by colleagues, by the market (customers), within the society and the territory where they operate. The knowledge acquired and retained by the craftsmen becomes therefore crucial for the survival of the arts and crafts organizations and for their profitability in the long term. Research limitations/implications From the empirical investigation, it has emerged a certain unawareness at managerial level of the strategic relevance of the craftsmen knowhow and skills and of how to practically and effectively transfer their knowledge to a future generation of young craftsmen to continue to satisfy a unique and exclusive market demand. Furthermore, it has emerged the lack of a common knowledge transfer policy to different organizations. Therefore, it has not been possible to define a standard framework for the knowledge transfer process because it is influenced by the organizational structure, the management style of the organization owner (very often a family that retains the totality of the organization shares/quota), the social context and the territory where the organization is located, as well as the target market and the specific niche of customers who buy the organization’s products. This result represents a potential threat for the survival of arts and crafts organizations in the long run. Practical implications A common result that has emerged is that craftsmen play a crucial role for the success of arts and crafts organizations, through the creation and production of exclusive, high value products; hence, it is crucial to preserve and transfer properly their knowhow and skills. This result is particularly relevant for the world of practice: in a time where globalization demands for the relocation of production processes and technology automates several job tasks, the variegated world of arts and crafts, where the handmade abilities and skills of craftsmen cannot be replicate, imitate or standardize, becomes extremely important for the economy of several countries, among which Italy. Social implications At social level, the activity of arts and crafts organizations help preserve the uniqueness and exclusivity of the heritage and culture of the territory where they are located, and reflect the tradition of such territory, the knowhow and ability of its inhabitants and help preserve this unique reservoir of competences and knowhow. Originality/value The contribution builds on the lack of practical understanding of the relationship between knowledge and the role played by craftsmen in the knowledge transfer process within arts and crafts organizations, and how effective such process is realized. This because despite the interest of many authors toward both knowledge management and transfer within the creative industry, there is a lack of studies aimed at linking systematically these two research areas. This is a relevant issue since knowledge in creative industries mainly refers to the traditions and values at the basis of an organization’s culture, tends to manifest itself in a tacit way and is difficult to analyze because it mainly exists in the mind of individuals as the result of their working experience not expressed in an explicit form.
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Czaja, Ludwik. "Exclusive Access to Resources in Distributed Shared Memory Architecture." Fundamenta Informaticae 119, no. 3-4 (2012): 265–80. http://dx.doi.org/10.3233/fi-2012-737.
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Freyens, Benoît Pierre. "Shared or exclusive radio waves? A dilemma gone astray." Telematics and Informatics 27, no. 3 (August 2010): 293–304. http://dx.doi.org/10.1016/j.tele.2009.11.002.
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Yue, Chen, Yang, and Ye. "Threshold Determination for Sharing Bus Rapid Transit–Exclusive Lanes with Conventional Buses." Sustainability 11, no. 17 (August 23, 2019): 4592. http://dx.doi.org/10.3390/su11174592.
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Sharing bus rapid transit (BRT) exclusive lanes with conventional buses is being considered to solve the problem of low utilization rate of BRT-exclusive lanes. However, the quantitative conditions and threshold that determine when to share need to be study. This paper took the common section of BRT and conventional bus lines as its research object. Practical investigation was conducted to analyze shared characteristics from multiple perspectives and explore influencing factors and mechanisms for sharing implementation. Based on the survey results, analytical models were established to quantify the influencing factors from three perspectives of road section, intersection, and bus stop. We selected departure volume of conventional buses as a threshold index and then summarized the constraints and the calculation process of sharing threshold. Finally, numerical examples of different scenarios were used to verify the feasibility and effectiveness of the method. The operation efficiency of the road section on exclusive lanes was the constraint on the lower limit of the shared threshold, while the upper limit was constrained by queuing probability or bus operation time under different intersections and stop spacing, which can provide reference for the shared setting of exclusive bus lanes.
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ABDELAAL, MOHAMED, MAURO FOIS, GIUSEPPE FENU, and GIANLUIGI BACCHETTA. "Critical checklist of the endemic vascular plants of Egypt." Phytotaxa 360, no. 1 (July 10, 2018): 19. http://dx.doi.org/10.11646/phytotaxa.360.1.2.
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After many recent findings regarding geographical distribution and nomenclatural changes, an updated and revised checklist of the Egyptian endemic flora was needed. This study provides an up to date checklist of vascular taxa exclusive to Egypt and their distribution within the administrative provinces. Egypt hosts 48 endemic taxa (including 35 species, seven subspecies and six varieties) belonging to 42 genera, 18 families and representing 2.3% of the total flora. The most represented families are Asteraceae, Lamiaceae, Caryophyllaceae, Fabaceae, Asparagaceae and Brassicaceae, while the most represented genus is Silene (three endemic taxa). Therophytes and chamaephytes are the most represented life-forms among Egyptian endemics. The richest regions in Egyptian endemic taxa are Southern Sinai (14 taxa), Northern Sinai and Matrouh (12 taxa each). Agglomerative hierarchical clustering (AHC) enabled the division of Egypt into three main regions based on the occurrence of endemic taxa: Eastern Egypt (31 taxa, 25 exclusive and six shared taxa), Western Egypt (14 taxa, seven exclusive and seven shared taxa) and Middle Egypt (12 taxa, eight exclusive and four shared taxa). This checklist will help to focus conservation efforts and provide a framework for research, protection and policy implementations for these endemic taxa.
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Zaleśny, Jacek. "Judicial Legislation as a Form of Appropriation of Competences Not Conferred upon the EU and the CJEU." Gdańskie Studia Prawnicze, no. 4(56)/2022 (December 15, 2022): 99–108. http://dx.doi.org/10.26881/gsp.2022.4.08.
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The gloss refers to a judgment of the CJEU of 15 July 2021 in case C 791/19 European Commission v Republic of Poland, in which the court adjudicated regarding the EU compliance of national regulations on the system of the organs of judicial authority. It is argued that the problem of the system of the organs of judicial authority in EU member states does not fall within the competence granted to the EU, but remains the exclusive competence of Member States themselves. The CJEU is empowered to adjudicate only within the scope of competences conferred upon the EU, and is not competent to take over the competences of the organs of state power of the Member States. The attempted appropriation of Member States’ competences by CJEU is a sign of the politicization of the CJEU, and undermines the character of the EU as an organization that respects the rule of law.
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Lazăr, Carmen. "SUBSIDIARITY IN THE UNION LAW: A SUCCESS OR A FAILURE?" Agora International Journal of Juridical Sciences 8, no. 1 (February 4, 2014): 71–81. http://dx.doi.org/10.15837/aijjs.v8i1.950.
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The principle of subsidiarity has been introduced in the Union law, as a constitutionalprinciple, by the Treaty on the European Union in order to protect the competences and theauthonomy of the member States from the interferences of the Union (the EuropeanCommunity at that moment) in the areas of shared competence. It is not sure today that it hassucceeded to fulfil this role. Due to their functional nature, the competences of the Union hasgradually expanded until now.
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Carreño Bolivar, Laura Lucia. "Promoting Meaningful Encounters as a Way to Enhance Intercultural Competences." Colombian Applied Linguistics Journal 20, no. 1 (February 16, 2018): 120–35. http://dx.doi.org/10.14483/22487085.11987.
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This article aims at sharing an experience in which an Intercultural Competences based course was taught to university level students in a Colombian higher education institution. Topics such as minority groups, national identity and racism were included in the course syllabus in order to raise students´ awareness regarding the importance of interculturality. Students´ posts and survey responses are shared in order to portray their perceptions regarding the course and its influence on the development of intercultural competences.
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Bischoff, Jan Asmus. "Just a little bit of mixity? The EUs role in the field of international investment protection law." Common Market Law Review 48, Issue 5 (October 1, 2011): 1527–69. http://dx.doi.org/10.54648/cola2011060.
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With the entry into force of the Lisbon Treaty, the Common Commercial Policy (CCP) has been extended to foreign direct investment (FDI). However, the scope of these (exclusive) competences under the CCP is limited and thus does not pertain to all issues governed by contemporary bilateral investment treaties (BITs). Rather, the competences for such BITs are mixed. Therefore, future agreements will have to be concluded by the EU and the its Member States together unless the EU is prepared to exclude the protection of certain investments from its agenda. But mixed agreements on investment protection cause complications concerning their conclusion and implementation. Until a satisfying EU investment regime is set up, investments by nationals of the EU Member States will have to be protected by the Member States' BITs. The Member States of the EU have concluded a large number of bilateral and also multilateral investment agreements governing the protection of investments made. Nevertheless, the existing Member States' BITs are affected by the transfer of exclusive competences for FDI to the EU. Generally, the Member States will have to terminate these agreements. To avoid such severe consequences, the European Commission proposed a Regulation establishing a transitional regime that allows the Member States to maintain their existing BITs concluded with third countries or even to conclude new BITs. Such a transitional regime is essential for the protection of investments by EU nationals. However, the Regulation Proposal adopted by the Commission is badly drafted and can only be considered a first step towards such an instrument.
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Moreno-Olivos, Tiburcio. "Social competences in university teachers." Revista de la Facultad de Medicina 67, no. 4 (October 1, 2019): 509–13. http://dx.doi.org/10.15446/revfacmed.v67n4.62329.
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The objective of this article is to reflect upon the professional competences that university teachers require in order to respond appropriately to the demands of contemporary society.This is a specialized documentary review that seeks to lay a thematic foundation and theoretically define analysis categories. It was found that when the issue of teaching competences is addressed, usually priority is given to disciplinary and pedagogical skills, while social competences are neglected. However, since teaching is a collective social practice, the relationships and interactions between individuals are essential; hence, it is concluded that teachers should develop social competences that will prevent the limitation of their performance during the educational process, a limitation that can severely damage the comprehensive training of their students.Regarding the methodology, the criteria for the inclusion of the bibliography were mainly based on the relevance of the reviewed sources related to the topic under study (the search found that social competences are generally not considered when referring to the professional skills of university teachers) and on the theoretical perspective shared by several cited authors. Their current validation or the language in which they were published were considered, although, some recent studies in English were included.
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Evaldsson, Ann-Carita, and Britt Tellgren. "‘Don’t enter – it’s dangerous’: Negotiations for power and exclusion in pre-school girls’ play interactions." Educational and Child Psychology 26, no. 2 (2009): 9–18. http://dx.doi.org/10.53841/bpsecp.2009.26.2.9.
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Instead of focussing on the implications of children’s play for individual development, this study explores children’s play participation and their appropriation of cultural resources, as collective cultural productions. In short, we are interested in the communicative competencies involved in the collective processes of social exclusion in girls’ play, and how these processes are part of children’s emerging peer culture and their place in the adult world. Data are drawn from ethnographic research in children’s peer groups in a pre-school setting in Sweden. The approach taken combines ethnography with studies of talk-in-interaction. As demonstrated the girls in foci display complex communicative competencies (rejections of request for access, oppositions, ignorance, justifications, directives). In addition, the girls creatively draw on cultural resources provided by the organistion of the play activity (pretend characters, play-script, etc.) to build social hierarchies, strengthen alignments of power, claim authoritative stances, casting some peer group members into more subordinate positions and excluding others. In so doing, the girls creatively appropriate educational agendas and institutional rules of conduct, creating a locally shared peer culture, through appropriation and resistance, in the midst of play episodes.
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Gros, Begoña, Manel Viader, Albert Cornet, Miquel Martínez, Jordi Palés, and Marta Sancho. "The Research-Teaching Nexus and Its Influence on Student Learning." International Journal of Higher Education 9, no. 3 (March 12, 2020): 109. http://dx.doi.org/10.5430/ijhe.v9n3p109.
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The relationship between teaching and research in universities has been widely studied in the higher education literature, but no clear relationship between the two has been identified. Nevertheless, in recent years, research has been linked to a form of teaching that is more focused on the development of competences and learning capacity through enquiry and the generation of new knowledge. In this context, it is important for teachers and students to work together on the design of shared spaces for research and learning. This work examines the case of the University of Barcelona to analyse whether there is enough connection between research and teaching to allow students to experience this link and to successfully develop research competences. Teaching plans of the academic year 2018-19 were screened to identify research-related competences, the modules they appear in, and the descriptions of the evaluation systems. This information was compared to the students’ perceptions of the actual training they had received on these research competences. Results showed that teaching plans establish numerous competences related to research and generating new knowledge. However, students consider that this knowledge is not developed until the final year project.
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Camisón, César, and Beatriz Forés. "Knowledge creation and absorptive capacity: The effect of intra-district shared competences." Scandinavian Journal of Management 27, no. 1 (March 2011): 66–86. http://dx.doi.org/10.1016/j.scaman.2010.11.006.
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Popelier, Patricia, and Bea Cantillon. "Bipolar Federalism and the Social Welfare State: A Case for Shared Competences." Publius: The Journal of Federalism 43, no. 4 (2013): 626–47. http://dx.doi.org/10.1093/publius/pjt005.
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Nedzinskaitė-Mačiūnienė, Rasa, and Simona Merkytė. "Shared Leadership of Teachers through their Interpersonal Communication Competence." Acta Paedagogica Vilnensia 42 (July 12, 2019): 85–95. http://dx.doi.org/10.15388/actpaed.42.6.
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This paper examines how the interpersonal communication competences of teachers can predict their shared leadership. The empirical research for this paper was undertaken with teachers working at lower and upper secondary schools in Lithuania. The conducted regression analysis revealed that interpersonal communication skills have a significant predictive power for the shared leadership behavior of teachers. Specifically, the study uncovered that the dimensions of interpersonal communication competence, such as clarity, credibility, and familiarity, have an important positive relationship with shared leadership. The results emphasize a need to focus on the development of teachers’ interpersonal communication, stimulating shared leadership in teacher communities. The theoretical and practical implications of teacher leadership and their communication are discussed in this paper.
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de Melo Cartaxo, Tiago. "Environmental subsidiarity in the EU: or halfway to green federalism?" Perspectives on Federalism 10, no. 3 (September 1, 2018): 303–24. http://dx.doi.org/10.2478/pof-2018-0040.
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Abstract Environmental protection and sustainable development are competences that the EU is entitled to integrate into the definition and implementation of its policies. However, shared competences in these areas are still a reality, as a margin of discretion persists for Member States, aimed at maintaining a high level of decentralisation, particularly where issues related to national policies and more (nation) specific sectoral legislation are concerned. This paper intends to analyse the application of the principle of subsidiarity to environmental issues within the EU, to examine the characteristics of a possible path to the future of green federalism in Europe.
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Barasona, Jose Angel, Christian Gortázar, José de la Fuente, and Joaquín Vicente. "Host Richness Increases Tuberculosis Disease Risk in Game-Managed Areas." Microorganisms 7, no. 6 (June 24, 2019): 182. http://dx.doi.org/10.3390/microorganisms7060182.
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Current scientific debate addresses whether species richness in animal communities may negatively moderate pathogen transmission and disease outcome (dilution effect), or to the contrary, if disease emergence benefits from more diverse community assemblages (amplification effect). The result may not depend exclusively on patterns of host species biodiversity but may depend on the specific composition of reservoir hosts and vectors, and their ecology. Host–pathogen interactions have shaped variations in parasite virulence, transmissibility and specificity. In the same way the importance of factors related to host exposure or to life history trade-offs are expected to vary. In this study, we demonstrate that ungulate host species richness correlates with increased community competence to maintain and transmit pathogens of the Mycobacterium tuberculosis complex (MTC) in game-managed areas in Mediterranean Spain. Therefore, we should consider natural and artificial variations in life histories of pathogens and host communities to characterize the impact of biodiversity on the health of diverse assemblages of human and animal communities. Since most approaches assessing epidemiology and transmission of shared pathogens only involve single- or pair-species, further research is needed to better understand the infection dynamics from complete community assemblages, at least in chronic diseases such as tuberculosis and in non-natural animal communities.
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Bhargava, Hemant K., Gergely Csapó, and Rudolf Müller. "On Optimal Auctions for Mixing Exclusive and Shared Matching in Platforms." Management Science 66, no. 6 (June 2020): 2653–76. http://dx.doi.org/10.1287/mnsc.2019.3309.
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Platforms create value by matching participants on alternate sides of the marketplace. Although many platforms practice one-to-one matching (e.g., Uber), others can conduct and monetize one-to-many simultaneous matches (e.g., lead-marketing platforms). Both formats involve one dimension of private information, a participant’s valuation for exclusive or shared allocation, respectively. This paper studies the problem of designing an auction format for platforms that mix the modes rather than limit to one and, therefore, involve both dimensions of information. We focus on incentive-compatible auctions (i.e., where truthful bidding is optimal) because of ease of participation and implementation. We formulate the problem to find the revenue-maximizing incentive-compatible auction as a mathematical program. Although hard to solve, the mathematical program leads to heuristic auction designs that are simple to implement, provide good revenue, and have speedy performance, all critical in practice. It also enables creation of upper bounds on the (unknown) optimal auction revenue, which are useful benchmarks for our proposed auction designs. By demonstrating a tight gap for our proposed two-dimensional reserve-price-based mechanism, we prove that it has excellent revenue performance and places low information and computational burden on the platform and participants. This paper was accepted by Chris Forman, information systems.