Journal articles on the topic 'Justice Residence'
To see the other types of publications on this topic, follow the link: Justice Residence.
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Justice Residence.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Appleby, Joanna, Dr Matthew Shepherd, and Dr Barbara Staniforth. "Speaking the same language: Navigating information-sharing in the youth justice sphere." Aotearoa New Zealand Social Work 31, no. 1 (April 23, 2019): 59–71. http://dx.doi.org/10.11157/anzswj-vol31iss1id537.
Full textAbstract:
Introduction: Qualitative research was undertaken to explore professionals’ experiences of cross-sector information-sharing about the mental health needs of young people in youth justice residences in Aotearoa New Zealand. Methods: Eight focus groups (N = 36) were conducted across Aotearoa New Zealand. Half of these were with case leaders from each of the four Oranga Tamariki – Ministry for Children – youth justice residences. The other half were with youth forensic service (YFS) clinicians who provide mental health services in each youth justice residence. Findings: The findings showed positive cross-sector relationships, despite a lack of policy around information-sharing in this context. Themes from case leaders included the practicalities of the residential environment (including restriction on young people’s freedoms and managing group safety), and case leaders’ brokerage role between competing theoretical frameworks in residence. Themes from YFS clinicians included the importance of cross-sector information-sharing for the assessment and discharge phases of mental health input. Overall themes included the impact of relationships on information-sharing, and the importance of including residential care team staff within information-sharing practices. A proposed model of information-sharing in this context has been developed.Conclusions: Effective information-sharing in youth justice residences is imperative to ensure that young people receive appropriate mental health input in residences, and that residence staff are supported to provide the best care for these young people. Social work has an important role within information-sharing practices with use of systems theory, translation of clinical jargon, and advocacy for the needs of young people involved in multiple systems.
2
Bobrzyńska, Olga. "Miejsce zwykłego pobytu dziecka — uwagi na tle wyroków Trybunału Sprawiedliwości Unii Europejskiej z dnia 28 czerwca 2018 r. (C-512/17) oraz z dnia 17 października 2018 r. (C-393/18 PPU)." Problemy Prawa Prywatnego Międzynarodowego 27 (December 29, 2020): 319–38. http://dx.doi.org/10.31261/pppm.2020.27.12.
Full textAbstract:
In cases C-512/17 and C-393/18 PPU, the national courts raised doubts as to the significance of the circumstances that should be taken into account in determining the habitual residence of a child. In particular the issue was whether the child’s physical presence is a prerequisite in order to recognize that a child has his habitual residencein the country concerned. In its judgment of 17 October 2018, the Court of Justice found that a child must be physically present in a Member State in order to be regarded as habitually resident in that Member State. The parent’s intention cannot be assigned a decisive role. The arguments in this respect are consistent with the interpretation of the concept of habitual residence laid out in the earlier judgment of 28 June 2018, in which the Court of Justice connected the habitual residence of the child with the place where the centre of that child’s life is actually situated, and not with the place where the child would have lived in accordance with the plans of one of the parents. The Court’s interpretation can be attributed to the so-called combined model of determining a habitual residence by looking for child’s centre of interest, taking into account a number of circumstances, including the intention of parents with parental responsibility. Physical presence has rightly been recognized as a necessary condition for establishing jurisdiction under Regulation No 2201/2003 based on habitual residence.
3
Ryan, Bernard. "Selective Citizenship: How the Court of Justice Linked Security of Residence to Integration." European Journal of Migration and Law 21, no. 3 (August 7, 2019): 374–99. http://dx.doi.org/10.1163/15718166-12340056.
Full textAbstract:
Abstract This article examines the case-law of the Court of Justice concerning security of residence for EU citizens and family members under Directive 2004/38. The relevant provisions of the Directive confer a right of permanent residence, and enhanced protection against expulsion, upon longer-term residents. It is argued that, in interpreting these provisions from 2006 onwards, the Court of Justice adopted a discourse which conceived of the rights as dependent on an individual’s social integration. The initial effect of the Court’s ‘turn’ to integration was benign, as it supported the retrospective extension of permanent residence, and ensured the efficacy of enhanced protection against expulsion. Later, however, the Court would treat integration as a precondition, in ways which would limit the rights of long-term residents who were not economically active or self-sufficient, or who had been sentenced to periods of imprisonment. That Court’s integration discourse was presumably influenced by developments in policy concerning third-country nationals at the state level which had linked immigration status to integration tests. The result was a selective approach to security of residence, which tended to deny protection to persons whose presence was unlikely to be favoured by Member States.
4
Dragišić, Radmila. "The concept of habitual residence in selected sources of EU private international law and jurisprudence of the Court of Justice of the European Union: Functional approach versus strict textualism." Zbornik radova Pravnog fakulteta Nis 61, no. 94 (2022): 137–51. http://dx.doi.org/10.5937/zrpfn1-37590.
Full textAbstract:
The concept of habitual residence is an important connecting factor in contemporary EU Private International Law (EU PIL). In this paper, the author examines this concept through content analysis and comparative analysis of selected sources of EU PIL and the jurisprudence of the Court of Justice of the European Union (CJEU). The author inevitably refers to the Regulations Rome I and Rome II, which provide a conceptual definition of habitual residence of legal and natural persons (in the context of performing economic activities). Unlike the sources of law pertaining to personal status, these Regulations did not leave the concept of habitual residence indefinite. The author underscores the importance of recitals from the acquis corpus. Being part of the preamble of the sources of EU law, they serve as basic guidelines for the Court of Justice when providing guidance to national courts on criteria for determining what is to be considered a habitual residence in different situations. The author further points out to the positions taken by the Court of Justice in its judgments in cases C-80/19 and C-289/20, regarding the possibility of disposing of multiple habitual residences, as well as the position taken in the judgment of 27 April 2016 in case C -528/14 on the question of whether a natural person can simultaneously have a habitual residence in an EU Member State and in a third country. In the final remarks, the author presents key considerations on the functional approach to this concept in view of ensuring an autonomous, uniform and consistent definition.
5
Niesten, Hannelore. "Case X v. Staatssecretaris van Financiën: Fractional Allocation of Personal and Family Tax Benefits for EU Resident Individuals with Multi-State Income." EC Tax Review 26, Issue 4 (July 1, 2017): 201–13. http://dx.doi.org/10.54648/ecta2017022.
Full textAbstract:
According to the well-established principles of the Schumacker-doctrine, a source state does not have to grant personal and family tax benefits, applicable for its own residents, unless (1) the non-resident earns ‘all or almost all’ his family income in the working state, and (2) the income in the residence state is insufficient to take into account the personal and family circumstances. This article critically analyses the judgment of the Court of Justice in the X-case, where the Court had to decide about the last so-called ‘income requirement’ of the Schumacker-doctrine in a multi-state situation. As the residence state could not take into account the personal and family situation, the Court insisted that the personal and family tax benefits should be allocated on a pro rata basis.
6
Oosterom-Staples, Helen. "Residence Rights for Caring Parents who are also Victims of Domestic Violence." European Journal of Migration and Law 19, no. 4 (December 11, 2017): 396–424. http://dx.doi.org/10.1163/15718166-12340015.
Full textAbstract:
Abstract Traditionally, parents determine their children’s right to reside in a host-State. This means that a child’s right to remain in a host-State is intrinsically linked to the presence of those parents in their host-State. This changed for the eu Member States with the Court of Justice’s ruling in the Baumbast case and was extended in that Court’s Chen ruling. In these cases the Court of Justice, as a first step, acknowledged children as independent bearers of residence rights. To ensure the effectiveness of this right to remain, the Court of Justice, as a second step, reasoned that a third-country national parent also enjoys a right to remain in that Member State if that parent is their primary carer. These rulings play a crucial role in the Court of Justice’s recent decision in the na case. Although Article 13(2) of the Citizens Directive provides for a right to remain as a victim of domestic violence, it is not in this capacity but rather her capacity of the primary carer of two young eu-citizens that ensures her a right to remain in her host-Member State after the departure of her eu-citizen spouse. This contribution seeks an alternative reading of Article 13(2)(c) of the Citizens Directive to that offered by the Court of Justice in the na case. Arguments are found in that Directive’s objectives, drafting history and effectiveness; benchmarks normally used by the Court of Justice in its case law when clarifying the scope of eu free movement rights, as well as that Court’s case law on the declaratory nature of those rights.
7
Bideshi, Davison. "Residence, Democracy, and Substantive Justice: Toward an Integrative Approach." International Review of Sociology 30, no. 3 (September 1, 2020): 413–42. http://dx.doi.org/10.1080/03906701.2020.1807247.
Full text
8
Trotsuk, I. V. "Justice as a criterion for assessing the ‘quality’ of urban space (and the happiness of its residents)." RUDN Journal of Sociology 20, no. 3 (December 15, 2020): 704–14. http://dx.doi.org/10.22363/2313-2272-2020-20-3-704-714.
Full textAbstract:
The article is a review-reflection on the book by D. Harvey Social Justice and the City (Moscow: New Literary Review; 2018). Despite the fact that social justice is in the title of the book as its focus, the researcher of justice would be disappointed, because justice is rather a cross-cutting idea of the political-economic analysis of the spatial organization of the city; however, the results of this analysis would inevitably make the reader think in terms of justice-injustice. Such a presentation of justice together with the eclectic text can become advantages of the book for researchers of social well-being: if the place of residence is a criterion of life satisfaction, the quality of the place of residence (including fair urban planning and the type of social differentiation of the urban space) significantly influences social well-being, which the author shows very convincingly in both liberal and socialist (in his terms) discourses, but clearly prefers the Marxist methodology supplemented by some other conceptual approaches.
9
Berneri, Chiara. "Ewaen Fred Ogieriakhi v. Minister for Justice and Equality, Ireland." European Public Law 21, Issue 3 (August 1, 2015): 457–65. http://dx.doi.org/10.54648/euro2015025.
Full textAbstract:
One of the key innovations of Directive 2004/38 EC is the introduction of Article 16 on the right of permanent residence in the host EU Member States of EU citizens and their third-country national family members. For the first time EU citizens and their third-country national family members, regardless of whether they are engaged in employment, are eligible to the right of permanent residence after having resided in the host Member State for a continuous period of five years. The acquisition of the right of permanent residence grants EU citizens and their family members’ enhanced protection against expulsion. In addition, those who have such a right shall enjoy equal treatment with the nationals of that Member State also in terms of social benefits and tax credits. The advantages deriving from this provision led many EU citizens and third-country nationals to try rely on it in different circumstances. For this reason, often, national courts have found it necessary to stay proceedings and refer to the Court of Justice of the European Union in order to seek clarifications regarding its application. This occurred also in Case C-244/13, Ogieriakhi v. Minister for Justice and Equality.
10
Linde Paniagua, Enrique. "La libertad de circulación de los ciudadanos europeos : los nuevosretos más allá de la supresión de los controles fronterizos = Free movement of european citizens : new challenges beyond the border controls suppression." Teoría y Realidad Constitucional, no. 32 (July 1, 2013): 159. http://dx.doi.org/10.5944/trc.32.2013.11784.
Full textAbstract:
La constante expansión del mercado interior de la Unión Europea está desbordando las estrictas previsiones que se deducirían para el derecho a la libertad de circulación y residencia regulada en el Tratado de Funcionamiento de la Unión Europea y en el derecho derivado. Así, a la primigenia conexión del derecho a la libertad de circulación y residencia con la eliminación de las fronteras interiores han sucedido en la actualidad las múltiples conexiones de dicho derecho con el derecho fiscal, los derechos de la personalidad, la educación y la sanidad, tal y como acredita la jurisprudencia del Tribunal de Justicia de la Unión Europea. Esas son las nuevas fronteras que deberán ser afrontadas por el Derecho de la Unión para lograr una ciudadanía plena.The steady expansion of the internal market of the European Union is overflowing the strict provisions that would be deducted for the right to freedom of movement and residence regulated in the Treaty on the Functioning of the European Union and legislation. Thus, the primal connection of the right to freedom of movement and residence with the elimination of controls on persons at internal borders have happened today the multiple connections of this right with the tax law, rights of personality, the education and health, as proving the Court of Justice of the European Union. These are the new frontiers that must be addressed by EU law to achieve full citizenship.
11
Löffler, Verena. "Questioning the feasibility and justice of basic income accounting for migration." Politics, Philosophy & Economics 20, no. 3 (July 22, 2021): 273–314. http://dx.doi.org/10.1177/1470594x211032394.
Full textAbstract:
When studying the feasibility and justice of basic income, researchers usually assume that policymakers would be introducing the unconditional benefit to a closed economic entity. When contemplating the introduction of a universal policy, few researchers take into consideration the fact that citizens and foreigners migrate, and that this movement alters the size and skill structure of the population. This article addresses this oversight by analyzing how basic income schemes based on residence or citizenship may affect tax base, wages, and employment while incorporating migration incentives. The discussion is based upon neoclassical labor supply and migration theory and informed by the conjectured economic effects from a normative perspective. This research suggests that a basic income would create migration incentives that reduce the tax base, leading us to question this policy’s feasibility. Moreover, the flow-on effects of migration call into question the justice of both residence-based and citizenship-based basic income schemes. Therefore, this article sheds light on how basic income’s feasibility and justice relate to each other and identifies the benefits and further opportunities for interdisciplinary social policy research.
12
Kandel, Harald. "A Finale Incomparabile to the Saga of Definitive Losses? Deduction of Foreign Losses and Fundamental Freedoms After Bevola and Sofina." Intertax 47, Issue 6/7 (July 1, 2019): 573–89. http://dx.doi.org/10.54648/taxi2019058.
Full textAbstract:
The Court of Justice of the European Union (CJEU) has developed a rich case law on the impact of the fundamental freedoms on the need for deducting foreign losses. The contribution analyses the CJEU’s case law both with respect to loss relief in the residence and in the non-residence state and shows that the case law is consistent. Such losses only need to be taken into account in the residence state when they are comparable to domestic losses and to the extent definitiveness implies the source state cannot fulfil its primary responsibility to grant loss relief. The recent decisions in Bevola on loss relief in the residence state and Sofina in the source state fit into the Court’s line of reasoning.
13
Röder, Antje, and Peter Mühlau. "What determines the trust of immigrants in criminal justice institutions in Europe?" European Journal of Criminology 9, no. 4 (July 2012): 370–87. http://dx.doi.org/10.1177/1477370812447265.
Full textAbstract:
This study examines whether the confidence of immigrants in European countries in criminal justice institutions can be explained by two counteracting processes: expectations formed in the country of origin and discrimination experienced in the residence country. The study draws on the pooled waves of the European Social Survey (2002–8), comparing first- and second-generation immigrants from 66 countries of origin with natives in 21 residence countries. Multi-level regressions are employed to examine the relationship between confidence in institutions and proxy variables for the processes under study. The data strongly support the hypothesis that the high confidence of first-generation immigrants can be explained by frames of reference formed in the country of origin. Some, but limited, support is also found for the impact of discrimination.
14
Albors-Llorens, Albertina. "A broader construction of the EC treaty provisions on citizenship?" Cambridge Law Journal 57, no. 3 (November 1998): 429–71. http://dx.doi.org/10.1017/s0008197398343019.
Full textAbstract:
INMartinez Sala v. Freistaat Bayern (Case C-85/96, judgment of 12 May 1998, not yet reported), the Court of Justice has taken a step towards the clarification of the real force of the EC Treaty provisions on citizenship. Mrs. Martinez Sala was a Spanish national lawfully resident in Germany since 1968 and employed there at intervals between 1976 and 1989. In 1993, she applied to the State of Bavaria for a child-raising allowance, a benefit granted to all residents in Germany who had a dependent child in their care and were either unemployed or had no full-time employment. Her application was rejected on the grounds that at the time that she applied for the benefit she was not in possession of a residence permit, a requirement that had to be met by all non-German nationals. The central issue in the case was, therefore, whether Mrs. Martinez Sala had been discriminated against.
15
Lee, Bo Yeon. "Subsidiary Protection of the European Union and the Case Law of the Court of Justice of the European Union." LAW RESEARCH INSTITUTE CHUNGBUK NATIONAL UNIVERSITY 33, no. 1 (June 30, 2022): 169–200. http://dx.doi.org/10.34267/cblj.2022.33.1.169.
Full textAbstract:
Complementary (or subsidiary) protection refers to the international protection provided outside the system of the Geneva Convention. Refugees who cannot return to their home countries due to violence or inhumane treatment but does not fall into the the legal definition of the Convention may be granted complementary protection status. Korea provides the humanitarian residence permit as a complementary protection. However, the Refugee Act has a few provisions on a humanitarian stay permit. This article examines subsidiary protection in the European Union which established the Qualification Directive (QD) and the case law of the Court of Justice of the European Union (CJEU) regarding the Directive.
The QD provides refugee and subsidiary protection as a form of international protection. The objective of the Directive is to introduce the unified standards for determining who qualifies as a refugee or as a person eligible for subsidiary protection, and the content of international protection.
Additionally, it was intended to equalize the legal status of subsidiary protection to refugee. The CJEU confirmed that the goal of the QD is to provide adequate protection to those who meet the requirements for international protection. The CJEU did not overlook the independent characters of the Directive, while taking into account the interpretation of other international treaties and the ECtHR.
The Korean humanitarian residence permit system is not sufficient to fully revive the intent of complementary protection. To accomplish the purpose of international protection, it is required to draw clear rules regarding a humanitarian residence permit in the Refugee Act. It is also necessary to present clear requirements and application procedures for the permit, and to guarantee the status of humanitarian residents.
16
Olivier, Ben, and Jan Herman Reestman. "Yunying Jia v Migrationsverket – Court of Justice of the European Communities." European Constitutional Law Review 3, no. 3 (October 2007): 463–75. http://dx.doi.org/10.1017/s1574019607004634.
Full textAbstract:
What governs the first entrance to the territory of a member state by a third country national who is a family-member of a European citizen who has migrated to that member state: (secondary) Community law or national law? This question, of the utmost constitutional importance as it regards the power to decide on the entrance of foreigners on national territory, one of the pearls in the crown of traditional national sovereignty, was facing the Court of Justice of the European Communities in the case of Yunying Jia v. Migrationsverket. Earlier the Court had sent out different signals. Now, in the long-awaited and remarkably short full Court decision of 9 January 2007, the Court carefully manoeuvred between Scylla (the member states are in full control) and Charybdis (Community law decides all): a member state is not required to make the grant of a residence permit to a third country national subject to the condition of lawful residence in a member state – but it apparently may do so. It is quite unlikely that this judgment once and for all settles the question.
17
Lafuente Sánchez, Raúl. "Mercado único digital: medidas contra el bloqueo geográfico injustificado, contratos de consumo concluidos por vía electrónica y normas de Derecho internacional privado= Eu digital single market: measures against unjustified geo-blocking, electronic consumer contracts and the conflict of laws." CUADERNOS DE DERECHO TRANSNACIONAL 11, no. 2 (October 1, 2019): 117. http://dx.doi.org/10.20318/cdt.2019.4953.
Full textAbstract:
Resumen: El Reglamento sobre bloqueo geográfico injustificado tiene como finalidad eliminar la discriminación directa e indirecta basada en la nacionalidad, el lugar de residencia o el lugar de establecimiento de los clientes. Para alcanzar este objetivo, prohíbe a los comerciantes el uso de medidas tecnológicas o de otro tipo con el fin de bloquear o limitar el acceso de los clientes a sus interfaces en línea. Por otra parte, dispone que del cumplimiento del Reglamento no se derivará que el comerciante dirige sus actividades al domicilio o residencia habitual del consumidor en el sentido de lo dispuesto en los Reglamentos Bruselas I bis y Roma I. De esta declaración puede derivarse una posible interferencia con los criterios ya definidos en la jurisprudencia del Tribunal de Justicia a la hora de delimitar cuando un comerciante ha dirigido sus actividades al Estado miembro del domicilio o residencia habitual del consumidor. En el presente trabajo estudio y analizo esta cuestión, así como sus posibles consecuencias en los contratos de consumo celebrados por vía electrónica.Palabras clave: mercado único digital, bloqueo geográfico injustificado, reglamento (UE) 2018/302, derecho internacional privado, contratos de consumo electrónicos, concepto de “actividades dirigidas”. Abstract: The unjustified geo-blocking Regulation aims to eliminate direct and indirect discrimination based on customers’ nationality, place of residence or place of establishment. In order to achieve this goal, prohibits to traders the use of technological measures or otherwise, to block or limit a customer’s access to their online interfaces for reasons related to the customer’s nationality, place of residence or place of establishment. Moreover, the Regulation provides that compliance with its rules shall not be construed as implying that a trader directs activities to the Member State of the consumer’s habitual residence or domicile within the meaning of Brussels I Regulation and Rome I Regulation. This statement raises a possible interference with the criteria identified in the European Court of Justice case law, in order to delimit when a trader has directed his activities to the Member State of the consumer’s habitual residence or domicile. In this paper I analyze the aforementioned issue and its consequences for the electronic consumer contracts.Keywords: EU digital single market, unjustified geo-blocking, regulation (EU) 2018/302, conflict of laws, electronic consumer contracts, concept of “directing activities”.
18
Alihodžić, Jasmina. "INTERNATIONAL JURISDICTION RULES IN MATTERS OF PARENTAL RESPONSIBILITY IN THE EUROPEAN UNION AND BOSNIA AND HERZEGOVINA: THE CONCEPT OF HABITUAL RESIDENCE V. NATIONALITY." Journal Human Research in Rehabilitation 2, no. 2 (September 2012): 4–14. http://dx.doi.org/10.21554/hrr.091203.
Full textAbstract:
The rules of jurisdiction in matters of parental responsibility contained in the Brussels II bis Regulation are based on the concept of habitual residence, while the legislation in B&H in this area gave priority to the principle of nationality. Analyzing these concepts, the author of the paper points to the importance of interpreting the concept of habitual residence by the European Court of Justice, and gives possible directions for reform of the relevant provisions of the PIL Act in terms of their compliance with EU law.
19
Garfinkel, Paul. "A Wide, Invisible Net: Administrative Deportation in Italy, 1863–1871." European History Quarterly 48, no. 1 (January 2018): 5–33. http://dx.doi.org/10.1177/0265691417741854.
Full textAbstract:
This article examines the legal history of domicilio coatto (forced residence), a system of summary police-administered deportation instituted by Italy’s Liberal government soon after national unification in 1861. Introduced in an emergency law in 1863, its limited purpose was to suppress a public-order crisis in the south. Within just eight years, however, forced residence had become a regular institution of Italian criminal justice. Not only did it remain as such until Mussolini’s seizure of power in 1922, but it also provided an important blueprint for confino di polizia, the Fascist variant of forced residence implemented in 1926. Focusing on the complex circumstances in which domicilio coatto emerged, the causes of its rapid transformation into a routine weapon of preventative policing, and the legal ideologies of its proponents, this article aims to explain why Italian legal experts crafted the highly repressive instrument and championed it as an essential, if not desirable, institution of ‘liberal’ criminal justice in the young constitutional monarchy. It argues that domicilio coatto was devised to be not simply an expedient for punishing political opponents, as scholars have long emphasized, but a regular instrument for thwarting what jurists and lawmakers considered to be the principal long-term threat to cementing Liberal rule: common crime. Such an interpretation sheds new light on the origins, objectives and historical significance of forced residence in Liberal Italy; at the same time, it offers a critical complement to the existing scholarship that has focused almost exclusively on the political uses of domicilio coatto.
20
Rodríguez Vázquez, María Ángeles. "¿Qué requisitos deben cumplirse para que se aplique la Ley del Foro a una obligación alimenticia? El asunto C-214/17, Mölk = What requeriments must be met for the Law of the Forum to apply a maintenance obligation? Case C-214/17, Mölk." CUADERNOS DE DERECHO TRANSNACIONAL 11, no. 2 (October 1, 2019): 760. http://dx.doi.org/10.20318/cdt.2019.5018.
Full textAbstract:
Resumen: En la Sentencia de 20 de septiembre de 2018, asunto C-214/17, Alexander Mölk c. Valentine Mölk, el Tribunal de Justicia de la Unión Europea establece que la ley del foro, designada por el artículo 4.3 del Protocolo de La Haya de 2007, no rige una demanda posterior interpuesta, con el fin de reducir la pensión alimenticia, por el deudor contra el acreedor ante los órganos jurisdiccionales del Estado de residencia habitual del deudor. Para que se aplique la lex fori es preciso que concurran dos requisitos: la autoridad que conoce del asunto debe ser la del Estado de la residencia habitual del deudor y tiene que ser el acreedor quien entable la acción.Palabras clave: Protocolo de La Haya de 23 de noviembre de 2007, obligaciones alimenticias- Ley aplicable.Abstract: In the Judgment of 20 September 2018, in case C-214/17, Alexander Mölk c. Valentine Mölk, the Court of Justice of the European Union establishes that the law of the forum, designated under Article 4.3 of the Hague Protocol of 2007, is not that law governs a subsequent application for a reduction in the amount of maintenance lodged by the debtor against the creditor with the courts of the State where that debtor is habitually resident. The law of the forum is subject to two conditions: first, the authority seized must be that of the State of the debtor’s habitual residence and, second, the proceedings must be instituted by the creditor.Keywords: Hague Protocol of 23 November 2007, maintenance obligations, law applicable.
21
Gómez Jene, Miguel. "Nombramiento de árbitros en supuestos de sede indeterminada (a propósito del Auto del TSJ de Madrid de 8 mayo de 2018) = Appointment of arbitrators in cases of indeterminate seat (decision of the High Court of Justice of Madrid of 8 May 2018)." CUADERNOS DE DERECHO TRANSNACIONAL 11, no. 1 (March 11, 2019): 758. http://dx.doi.org/10.20318/cdt.2019.4647.
Full textAbstract:
Resumen: Comentario al auto dictado por el TSJ de Madrid en virtud del cual declara su competencia judicial territorial para nombrar árbitro en un supuesto en el que la sede del arbitraje no estaba determinada y ninguna de las partes tenía residencia en España.Palabras clave: arbitraje internacional, nombramiento de árbitro, sede indeterminada del arbitraje, residencia de las partes en el extranjero, Foro de necesidad.Abstract: Commentary on the resolution of the High Court of Madrid declaring its territorial jurisdiction to appoint an arbitrator in a case in which the seat of the arbitration was not determined and neither the parties had its residence in Spain.Keywords: international arbitration, appointment of the arbitrator, indeterminate seat of the arbitration, residence of the parties abroad, Forum necessitatis.
22
孫振義, 孫振義. "平均地權條例修法與居住正義." 月旦會計實務研究 59, no. 59 (November 2022): 013–17. http://dx.doi.org/10.53106/252260962022110059001.
Full text
23
Stanivuković, Maja. "Child's habitual residence in the jurisprudence of the Court of Justice of the European Union." Zbornik radova Pravnog fakulteta, Novi Sad 55, no. 4 (2021): 709–35. http://dx.doi.org/10.5937/zrpfns55-34676.
Full textAbstract:
This article examines decisions of the Court of Justice of the European Union interpreting the concept of child's habitual residence. The study of those decisions is essential for proper understanding of this key concept which appears in the Hague Convention on the Civil Aspects of International Child Abduction, the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children, Protocol on the Law Applicable to Maintenance Obligations, Convention on the International Recovery of Child Support and Other Forms of Family Maintenance and the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. Correct determination of the child's habitual residence is a precondition for the correct and uniform application of these instruments which are all in force in Serbia. Since 2007, the Court has been asked on numerous occasions to provide answers to questions that were raised regarding the interpretation of habitual residence. Out of this rich practice, four judgments have been selected for presentation and analysis (Case A, Case Mercredi, Case C v M and Case HR).The practice of the Court of Justice focuses on the circumstances that need to be taken into account by the judge in case the parties are in dispute about the child's habitual residence and on the guiding principles for assessing the relative value of these circumstances. Although the Court interprets the terms of Brussels II bis, those decisions have had significant and unifying impact on the interpretation of the Hague Child Protection Conventions, not only in the member states of the Union but also in other member states of the Hague conventions. The Court's views have influenced the practice of the highest courts in Australia, Canada, UK and USA. It will therefore be of benefit to judges in Serbia to get acquainted with them and understand them, which is the main purpose of this article.
24
Van Zanen, Kathryn. "The Posture of a Neighbor: Building Relationships through Story." Undergraduate Journal of Service Learning & Community-Based Research 2 (November 22, 2013): 1–3. http://dx.doi.org/10.56421/ujslcbr.v2i0.131.
Full textAbstract:
During my sophomore year at Calvin College on the eastern reaches of Grand Rapids, Michigan, I transitioned from the residence halls, alive with energetic eighteen-year-olds, to a creaky century-old parsonage on the west side of Eastern Avenue, down which emergency vehicles make nightly pilgrimages and sirens provide the evening soundtrack. I was living in Project Neighborhood, six homes gathered under the banners of intentional living, community engagement, and Calvin College residence life. The program attracts justice-minded students and mentors; each house comprises a covenant that centers on concerns of, among others, Christian discipleship, environmental sustainability, local activism, and food justice. The most significant component, though, is the commitment each house makes to serve its neighborhood in partnership with a local organization. My house, Peniel, which means “to see the face of God,” received support from Eastern Avenue Christian Reformed Church, so we worshipped there on the occasional Sunday, spent a few Saturdays at the food truck, and participated in its tutoring program on Thursday nights.
25
Goetz, Eva M. "AURES Holdings a.s. (C-405/18) at the Intersection of Cross-Border Loss Relief, Corporate Exit Taxation and Dual Residency Mismatches." Intertax 49, Issue 2 (February 1, 2021): 166–85. http://dx.doi.org/10.54648/taxi2021015.
Full textAbstract:
This contribution examines the decision of the Court of Justice of the European Union (CJEU) of 27 February 2020 in Case C-405/18 AURES Holdings a.s. on the application of the Marks & Spencer final losses doctrine to dual resident companies that transfer their treaty residence (place of effective management) to another Member State. The CJEU applied a two-step comparability analysis based on Timac Agro and Bevola to exclude current not-subject-to-tax emigration losses (not linked to the ability-to-pay of the immigrated company) from its preferred approach to always take final losses into account somewhere in the internal market. The immigration state was not forced to apply its taxing powers asymmetrically over emigration losses to prevent a conflict with the principle of fiscal territoriality in exit tax cases and international tax practice against base erosion and profit shifting (BEPS). If the immigration state still sovereignly decides to take these losses into account pursuant to a bilateral tax treaty, Article 9(b) of the Anti-Tax Avoidance Directive (ATAD) on dual residency mismatches prevents dual loss utilization. ATAD, Aures, Bevola, comparability, conversion, exit tax, hybrid mismatch, final losses, POEM, Timac Agro.
26
Mantu, Sandra, and Paul Minderhoud. "Exploring the Links between Residence and Social Rights for Economically Inactive EU Citizens." European Journal of Migration and Law 21, no. 3 (August 7, 2019): 313–37. http://dx.doi.org/10.1163/15718166-12340053.
Full textAbstract:
Abstract This article examines the links between residence and social rights in the context of EU citizens’ mobility. It builds on national replies to a questionnaire concerning the implementation and application of Directive 2004/38 at the national level. Our focus is on how the EU28 are implementing the provisions on social assistance for economically inactive EU citizens, including five relevant European Court of Justice (ECJ) judgments in this area (Brey, Dano, Alimanovic, Garcia-Nieto and Commission v UK) and the provisions on permanent residence status. Based on the national replies we argue that asking for social benefits becomes a first step towards being considered by the administration as an unreasonable burden, which leads to the termination of EU residence rights. Our analysis shows that asserting and maintaining residence rights under Articles 7 and 16 of Directive 2004/38 is becoming problematic for certain categories of EU citizens and linked with the more restrictive position taken by some Member States in relation to accessing their national social assistance systems.
27
Megwalu, Amaka, and Neophytos Loizides. "Dilemmas of Justice and Reconciliation: Rwandans and the Gacaca Courts." African Journal of International and Comparative Law 18, no. 1 (March 2010): 1–23. http://dx.doi.org/10.3366/e0954889009000486.
Full textAbstract:
Following the 1994 genocide, several justice initiatives were implemented in Rwanda, including a tribunal established by the United Nations, Rwanda's national court system and Gacaca, a ‘traditional’ community-run conflict resolution mechanism adapted to prosecute genocide perpetrators. Since their inception in 2001, the Gacaca courts have been praised for their efficiency and for widening participation, but criticised for lack of due process, trained personnel and attention to atrocities committed by the Rwandan Patriotic Front (RPF). To evaluate these criticisms, we present preliminary findings from a survey of 227 Rwandans and analyse their attitudes towards Gacaca in relation to demographic characteristics such as education, residence and loss of relatives during the genocide.
28
Singer, Anna. "Active parenting or Solomon’s justice? Alternating residence in Sweden for children with separated parents." Utrecht Law Review 4, no. 2 (June 3, 2008): 35. http://dx.doi.org/10.18352/ulr.64.
Full text
29
FILETTI, JEAN S. "From Lizzie Borden to Lorena Bobbitt: Violent Women and Gendered Justice." Journal of American Studies 35, no. 3 (December 2001): 471–84. http://dx.doi.org/10.1017/s0021875801006673.
Full textAbstract:
On the morning of 4 August 1892, between the hours of 9:00 a.m. and 11:00 a.m., Abby Durfee Borden and Andrew Jackson Borden were murdered with an axe in their home in Fall River, Massachusetts. Why did the case spark so much interest at the time? Why did throngs of people literally block the street gawking at the Borden residence? Why did the country’s leading newspaper devour and report the daily happenings in this small New England town? Why, a century later, are ‘‘whodunit?’’ novels, plays, and films still being made about this gruesome double murder?
30
Herling, David. "The Court, the Ministry and the Law: Awad and the Withdrawal of East Jerusalem Residence Rights." Israel Law Review 33, no. 1 (1999): 67–105. http://dx.doi.org/10.1017/s0021223700015909.
Full textAbstract:
In 1988, at the beginning of the Palestinian Intifada, a deportation case came before the Israeli Supreme Court (sitting as a High Court of Justice). The facts of the case presented no great difficulty, but the Court took the opportunity to declare the law governing the previously uncertain residence status of East Jerusalem Palestinians. The judgment of the Court was given by Barak J. In a remarkable passage, the learned judge not only examined the legislatively defined conditions for the loss of permanent residence, but went on to discuss the subsistence and expiry of this status in more fundamental terms, focusing on the “reality” of the licence-holder's presence in Israel. The case thus introduced a second, judge-made test for the loss of permanent residence, which appears to exist in uneasy parallel with the test provided by the legislature. This essay questions the propriety and the quality of Barak J.'s innovation, and examines some of its consequences.
31
Huang, Xueli. "Space Deprivation and Residence Justice—Review of Evicted: Poverty and Profit in the American City." Social Justice Research 32, no. 4 (July 19, 2019): 486–90. http://dx.doi.org/10.1007/s11211-019-00340-w.
Full text
32
Lount, Sarah A., Linda Hand, Suzanne C. Purdy, and Alan France. "Tough talk: Youth offenders’ perceptions of communicating in the Youth Justice system in New Zealand." Australian & New Zealand Journal of Criminology 51, no. 4 (November 2, 2017): 593–618. http://dx.doi.org/10.1177/0004865817740404.
Full textAbstract:
Youth Justice procedures rely heavily on oral language. International research suggests young people in the Youth Justice system have poorer language skills than their non-offending peers, which has implications for their participation in Youth Justice processes and rehabilitation programmes. Most research of youth offenders’ communication skills focuses on standardised assessments and quantitative measures, with little known of young people’s perceptions of communicating within the highly verbally mediated Youth Justice setting. This exploratory study used semi-structured interviews of eight males, of unknown language-skill status, from one Youth Justice residence in New Zealand. Results suggested the young people felt they had no control or ‘voice’ in court, or with adults whose roles, or with whom, they were not familiar. Communicating in court was an area of significant difficulty for nearly all the participants; they reported feeling unable to say what they wanted or understand what was going on. Confidence and participation varied with some participants lacking the confidence to use communication strategies in court, whereas others would ‘just say what they wanted’. The relationship with their communication partner, especially trust and familiarity, was very important to facilitate communication, and most young people could identify strategies that could help communication breakdowns, although not all reported using them. To facilitate full participation and access to court processes and Youth Justice programmes, the communication barriers identified in this study should be considered in any intervention or support developed for young people who offend.
33
Acosta, Diego. "Court of Justice of the European Union (Ninth Chamber), WT v Subdelegación del Gobierno en Guadalajara." European Journal of Migration and Law 22, no. 3 (October 7, 2020): 457–62. http://dx.doi.org/10.1163/15718166-12340083.
Full textAbstract:
Abstract This case report provides an account of the issues in the preliminary ruling of the Court of Justice of the European Union (CJEU) in the WT case. The case centres on the elements that need to be considered under Directive 2003/109 before expelling a third-country national, holding a long-term residence permit, who has committed a criminal offence. This case report discusses the interpretation of Article 12 of Directive 2003/109, in particular the concept of threat to public policy, describes the incorrect previous reading by the Spanish Supreme Court of that provision, the possible case for a state liability claim against Spain as a result of that, and the importance of the dialogue between lower-level domestic courts and the Court of Justice on migration matters.
34
Trinidad, Alexander, Laura Vozmediano, Estefanía Ocáriz, and César San-Juan. "“Taking a Walk on the Wild Side”: Exploring Residence-to-Crime in Juveniles." Crime & Delinquency 67, no. 1 (April 26, 2020): 58–81. http://dx.doi.org/10.1177/0011128720916141.
Full textAbstract:
Although evidence regarding the journey-to-crime in juvenile offenders is available for some areas of the world, little is known about their mobility patterns in Southern Europe. Variables such as prosocial facilities, transport stations, or socioeconomic backdrop have been proved to influence the traveled distance. Therefore, we aimed to confirm previous findings in the journey-to-crime literature using data provided by the Juvenile Justice Department of the Basque Country (Spain). Although some results are in line with those of previous studies, emphasizing the relevance of environmental factors for better understanding crime patterns in the juvenile population, other specific patterns also emerged that suggest the need to replicate research across countries and to consider specific behavior patterns and styles of spatial design in each study setting.
35
Shuibhne, Niamh Nic. "‘What I Tell You Three Times is True’." Maastricht Journal of European and Comparative Law 23, no. 6 (December 2016): 908–36. http://dx.doi.org/10.1177/1023263x1602300602.
Full textAbstract:
This comment examines three recent judgments of the Court of Justice – Alimanovic, Garcia-Nieto, and Commission v. UK – that further develop the connection between lawful residence in a host state and EU equal treatment rights, a critical legal premise of the Dano judgment. It demonstrates that this line of case law blurs legal concepts and legal statuses – social assistance and social benefits, for example; also citizens looking for work, those who have worked previously but no longer do, and those who need to rely on Article 7(1)(b) of Directive 2004/38 to establish lawful residence in the host state. It aims overall to contribute to debates about quality of law; about the quality of EU citizenship and free movement law in a substantive sense; but also about how EU law is made, applied and revised.
36
Verbruggen, F., and K. Verhesschen. "European arrest warrants and time-barred enforcement in the state of residence of the convicted person: Too much, too late!" New Journal of European Criminal Law 11, no. 1 (January 30, 2020): 40–53. http://dx.doi.org/10.1177/2032284420901781.
Full textAbstract:
The principle of mutual recognition is considered ‘the cornerstone of judicial cooperation’ in the European Union (hereafter EU). It requires Member States to recognise judicial decisions of other Member States, thus enabling a swift administration of justice. Within the field of criminal law, the Court of Justice of the European Union (hereafter CJEU) links this principle explicitly to the prevention of impunity, most clearly in the Popławski decision (following previous hints in Spajic or Petruhhin). It invokes this principle to oblige a Member State to execute a European arrest warrant (hereafter EAW) issued against one of its residents when the executing State cannot undertake to enforce the sentence itself due to, for instance, its domestic rules on limitation periods. In doing so, the Court overlooks the fact that those domestic rules may serve other fundamental interests and principles recognised by the EU and the CJEU itself, such as social rehabilitation and legal certainty. Moreover, a more balanced approach to (non-)recognition could also contribute to a swift administration of justice, namely as an incentive to the issuing State to avoid undue delays in the issuing of an EAW. Many States believe that, once a certain amount of time has elapsed since the conviction, the enforcement of a criminal sanction will become unfair or even counterproductive. The length of this period is proportionate to the seriousness of the conviction. As EU-broad harmonisation on the subject is unlikely in the short-run, mutual recognition should work both ways if the requested person has significant ties to the executing State.
37
Samartzis, Andreas. "Nationality and Equal Political Rights: A Necessary Link?" European Constitutional Law Review 17, no. 4 (December 2021): 636–63. http://dx.doi.org/10.1017/s1574019621000420.
Full textAbstract:
Main justifications for regarding common nationality as a necessary condition for holding equal political rights – Critique of collective self-determination, equal stakes, nature of political activity, and stability justifications – Rejection of the incommensurability of legitimacy and justice – Socioeconomic interdependence and liberal democratic values as the normative grounds for equal stakes – Risk of entrenchment of hostility among national groups as a consequence of a competitive conception of political activity – Instrumental value of stability – Stability through democratic inclusion – Possibility of sustainable pluralism through deliberative democracy – Modified version of the equal stakes argument – Equal political rights on the basis of long-term residence – Association of citizenship with nationality in contemporary European states – Redefinition of citizenship as top-down redefinition of nationality – Need to reconceptualise equal political rights independently of citizenship – Legal argument for interpreting references to popular sovereignty in national constitutions in accordance with long-term residence, rather than nationality – Available legal remedies
38
Sergeeva, O. V. "Cross-Border Remote B2C Contracts in the Practice of the Court of Justice of the European Union: Is the Consumer always Right?" Lex Russica, no. 7 (July 19, 2021): 130–38. http://dx.doi.org/10.17803/1729-5920.2021.176.7.130-138.
Full textAbstract:
The paper analyzes the legal positions of the Court of the European Union, developed when considering disputes arising from cross-border remote B2C (business to consumer) contracts. In particular, the criteria proposed by the Court of the European Union for determining the “orientation” of the professional party’s activity to the country of the consumer’s place of residence are being investigated. Based on the study of the practice of the Court of Justice of the European Union, it is concluded that consumers in the European Union are provided with increased legal protection as an economically weak party.The author summarizes that the Court of the European Union has developed a number of legal positions. In particular, the Court proposed an open list of criteria for determining the “direction” of the professional party’s activities to the country of the consumer’s place of residence. In addition, it was noted that the “direction of the professional party’s activities when concluding remote contracts is evidenced by the website that reads that the professional party implied the implementation of transactions with consumers residing in one or more member States, including the member State of the consumer’s place of residence. However, the mere fact of having access to the website of an intermediary or entrepreneur in the member state in which the consumer resides is not enough. The same applies to the indication of an e-mail address or other contact information, or the use of a language or currency that is usually used in the Member State of the place of establishment of an economic entity, which corresponds to paragraph 24 of the preamble to the Rome I Regulation.
39
Msosa, Steven Kayambazinthu, and Courage Mlambo. "The Impact of an Apology and Explanation on Interactional Justice in Higher Education Institutions." Journal of Educational and Social Research 10, no. 4 (July 10, 2020): 111. http://dx.doi.org/10.36941/jesr-2020-0070.
Full textAbstract:
Recently, students have been very vocal against poor services being offered by higher education institutions. These services range from lectures, registration, classroom management, examinations, transport, library services, housing or residence to the cafeteria. There is a perception that higher education institutions are not doing enough to address the challenges students are encountering even when such grievances or concerns are raised. Therefore, this study analysed the impact of an apology and explanation on interactional justice with respect to both academic and non-academic services. In addition, students' perceptions of an apology, explanation and interactional justice were evaluated. Respondents were selected from a purposive sample of 430 full-time students drawn across three public higher education institutions and data were collected using a self-administered quantitative questionnaire. Data were analysed using the SPSS and Smart PLS3. The findings of this study showed that both an explanation and an apology have a positive and significant impact on interactional justice in higher education institutions. The results also showed that students were largely satisfied with the explanation given than their perception of an apology and interactional justice. This study underpins the need for institutional managers to foster interaction between the institution and aggrieved students. Higher education institutions should offer an apology and explanation if necessary to pacify any animosity that may arise as a result of a poorly delivered service.
40
Keilitz, Susan L. "Civil Protection Orders: A Viable Justice System Tool for Deterring Domestic Violence." Violence and Victims 9, no. 1 (January 1994): 79–84. http://dx.doi.org/10.1891/0886-6708.9.1.79.
Full textAbstract:
The prevalence and severity of domestic violence have illuminated the need for effective justice system responses to this pernicious phenomenon. A remedy that all states now provide is the civil protection order, but the forms of relief available, duration of orders, and processes for obtaining them vary from state to state. Examples of types of relief include prohibitions against further abuse and contact with the protected person; eviction from the residence; and temporary custody of children. Studies of civil protection orders suggest that they can be an effective form of relief if the justice system takes affirmative steps to increase their power, including screening petitioners to identify those who need more elaborate safety plans; provision of specific and comprehensive orders and low cost and effective service of them; stringent enforcement of orders by law enforcement and the court; and linkages from the court to advocacy services, shelters, legal representation, and other services.
41
Kearney, Joan A., and Mary W. Byrne. "Reflective functioning in criminal justice involved women enrolled in a mother/baby co-residence prison intervention program." Archives of Psychiatric Nursing 32, no. 4 (August 2018): 517–23. http://dx.doi.org/10.1016/j.apnu.2018.02.008.
Full text
42
Ally, Nurina, Robyn Beere, and Kelley Moult. "Red flags: Disciplinary practices and ‘school-to-prison’ pathways in South Africa." South African Crime Quarterly, no. 70 (November 3, 2021): 23–33. http://dx.doi.org/10.17159/2413-3108/2021/i70a11092.
Full textAbstract:
Testing positive for drug use at school turned into a horror story for four learners, who were channelled into the criminal justice system by their school and detained for months under ‘compulsory residence orders’ at child and youth care facilities. This occurred even though the referral of children to the criminal justice system following a school-administered drug test is explicitly prohibited by legislation. S v L M & Others draws startling attention to the failure of school officials, prosecutors and magistrates to comply with legislation, and the devastating impacts that a direct ‘school-to-prison’ pipeline can have on children. The case also raises red flags around broader punitive and exclusionary school disciplinary mechanisms, which – even where lawful – may also adversely affect children and potentially contribute to school-to-prison pathways in South Africa. We argue that S v L M highlights the need for restorative and preventative approaches to school discipline, which can transform not only learners and schools but society more broadly.
43
Beretta, Giorgio. "The Brisal and KBC Finance Decision: Once Again the CJEU Assesses the Compatibility with EU Law of Gross Withholding Taxation of Non-residents." EC Tax Review 26, Issue 4 (July 1, 2017): 193–200. http://dx.doi.org/10.54648/ecta2017021.
Full textAbstract:
The levying of withholding taxes on non-residents by the source state is a long-standing topic in EU tax law. The recent case Brisal and KBC Finance, concerning a withholding tax levied on an outbound interest payment, constitutes just the last addition to the line of judgments on this issue rendered over years by the Court of Justice of the European Union. In Brisal the Court first confirmed that Member States are permitted to use different techniques for charging a tax on residents and non-residents for the same item of income, i.e. through a final-year assessment and an immediate retention upon the payment. However, the judiciary of Luxembourg found that residents and non-residents are in a comparable situation with respect to the deductibility of operational costs and thus both categories shall be treated equally in this regard. Although this conclusion could most likely have been anticipated in light of precedent decisions of the Court, the judgment in Brisal is equally remarkable since it disrupts a fundamental tenet of taxation of income earned by non-residents without a permanent establishment, i.e. that the source state can levy a withholding tax on the gross amount of such income and that the expenses of the underlying activity have to be considered by the residence state. Besides and more generally, the decision confirmed that the CJEU is increasingly willing to scrutinize the methods for calculating the tax base adopted by Member States in cross-border scenarios.
44
Stehlík, Václav. "The CJEU Crossing the Rubicon on the Same-Sex Marriages? Commentary on Coman Case." International and Comparative Law Review 18, no. 2 (December 1, 2018): 85–99. http://dx.doi.org/10.2478/iclr-2018-0039.
Full textAbstract:
Abstract The article analyses the decision of the EU Court of Justice in Coman in which the Court derived residence rights for spouses in the same-sex marriages. The article outlines the basic grounds of the judgement and critically appraises them in the context of EU primary as well as secondary law and especially Directive 2004/38. The article raises concerns about the division of competences between the EU and its Member States, extended interpretation of the term “spouse” in the context of EU law, human rights considerations as well as potential effects of the decision on national family law.
45
Garbarino, Carlo. "Tax Design Issues in Respect to Foreign Branches and Controlled Companies and the Feasibility of a Consolidation Area in the EU." EC Tax Review 23, Issue 1 (February 1, 2014): 16–29. http://dx.doi.org/10.54648/ecta2014003.
Full textAbstract:
The Common Consolidated Corporate Tax Base (CCCTB) architecture seems to address the major tax design issues relating to foreign business profits in the EU which result from the intrinsic limitations of domestic tax consolidation systems but would intervene in a scenario in which Member States retain prerogatives in developing their own policies in respect to cross-border profits and losses of affiliated companies. The purpose of this article is to shed light on those policies and on the major tax design issues relating to foreign business profits in the EU in light of the case law of the European Court of Justice (ECJ) and of the potential adoption of the CCCTB Directive. The paper first addresses the tax treatment of foreign branches both in the case in which foreign profits are taxable and in the case in which are exempt in the residence-country (section 2) and then discusses the issues related to the tax consolidation of foreign controlled companies (section 3), with additional remarks about the tax design issues faced by host countries whose tax base can be eroded through certain tax planning strategies by resident companies that are controlled by foreign entities (section 4). The paper concludes by describing the common core of rules already existing at EU level and how this rules are conveyed in the CCCTB model which might be approved through enhanced cooperation (section 5) and finally draws a few conclusions of the feasibility of a residence-based consolidation area in the EU (section 6).
46
Robert, Philippe, and Claude Faugeron. "Représentations du système de justice criminelle." Acta Criminologica 6, no. 1 (January 19, 2006): 13–65. http://dx.doi.org/10.7202/017025ar.
Full textAbstract:
Abstract IMAGE OF THE CRIMINAL JUSTICE SYSTEM TYPOLOGY STUDY The present crisis in criminal justice — in France as in many other countries — shows two remarkable characteristics. On the one hand, the crisis is universal and is one that concerns the function assigned or credited to this system of criminal justice in society ; this places the system's image in some doubt in various sectors of society. On the other hand, this crisis defies all attempts at partial reform. Many schools of criminal policy have tried them in vain. Criminology has begun to rediscover that the science of crime and of the criminal — the progression from concept to commission of the act — also involves the reaction of society to the criminal phenomenon. But only too often, this progression is regarded as a poorly specified interaction, quite commonplace, or as a breakdown in simple technology. Only an integrated scientific approach — inclusive of the concept of the social image — can say something new and decisive in such a situation. This study belongs to one of the many research projects which the scientific programme of the S.E.P.C. is organizing, that devoted to the image of criminal justice in society. A questionnaire was distributed to a sample population in France, limited in size, but sufficient to validate the anticipated analysis (200). Each person was chosen according to several criteria (sex, age, socio-professional category, place of residence) in order to make sure of the presence of all the characteristics anticipated. The ecological variable was controlled by interviewing persons in four sectors of the 15th arrondissement of Paris (wealthy older district, middle class older district, renovated wealthy district, renovated middle class national housing), in the suburbs of Paris (Bobigny cottages and Bobigny national housing), at Epinal and in the region of Auch. The authors established a hypothesis according to which the organization of the dependent variable rests on a typology of conformism. The authors thought that the dimension of conformism was complex and tried to outline its components. According to their results, there is a resistance to change. It seems to be closely linked — even though in a wide variety of circumstances — with an optimism/pessimism dimension (where manicheism seems to be identified as one of the circumstances). To tell the truth, the authors do not know if resistance to change and optimism/pessimism are two autonomous, albeit connected dimensions, or two components of conformism. They will come back to this in future studies. They conclude by saying that conformism is clearly related to the image of criminal justice.
47
Tan, Eugene KB. "Managing Female Foreign Domestic Workers in Singapore: Economic Pragmatism, Coercive Legal Regulation, or Human Rights?" Israel Law Review 43, no. 1 (2010): 99–125. http://dx.doi.org/10.1017/s0021223700000066.
Full textAbstract:
Singapore's immigration discourse is deeply influenced by its need to “right-size” its population. As a society that has and remains in need of immigration, contemporary immigration and globalization have rigorously challenged the conventional thinking and understanding of citizenship, as well as notions of who belongs and who does not. Nevertheless, international marriages and pervasive in-and out-migration for purposes of employment, study, and family, conspire to make more pronounced the decoupling of citizenship and residence in Singapore. This transnational dimension sits uncomfortably with the policy makers' desire for, and the imperatives of, state sovereignty, control, and jurisdiction.Although one quarter of people living in Singapore are foreigners, concerns of human rights and justice are largely peripheral, if not absent from the immigration discourse. This is seen most clearly in employment issues pertaining to foreign female domestic workers (FDWs), most of who come from other parts of Southeast Asia. ‘Rights talk’ is largely absent even as activists seek to engage the key stakeholders through the subtle promotion of rights for such workers.The government, however, has resisted framing the FDW issues as one of rights but instead has focused on promotional efforts that seek to enhance the regulatory framework. This dovetails with the reality that immigration law also functions as quasi-family law in which the freedom of FDWs and other foreign menial workers to marry Singapore citizens and permanent residents are severely restricted. As such, the immigration regime's selectivity functions as a draconian gatekeeper. Justice and human rights are but tangential concerns.
48
Levenson, Jill S. "Hidden challenges: Sex offenders legislated into homelessness." Journal of Social Work 18, no. 3 (June 22, 2016): 348–63. http://dx.doi.org/10.1177/1468017316654811.
Full textAbstract:
Summary Zoning laws that prevent sex offenders from living within close proximity to schools and other places where children congregate have proliferated over the past 10 years. In many communities, few dwellings are compliant with these laws, causing sex offenders to become homeless. First, a brief history of residence restriction laws will be provided and then the research around their impact and effectiveness will be summarized, followed by empirically supported recommendations for reform. Findings Legislating individuals into homelessness is not sound social policy, nor is it humane. These laws do not conform to what is known about patterns of sexual perpetration and victimization, and thus do little to prevent recidivistic sexual violence. In fact, these policies may undermine the very factors shown by research to be associated with positive reentry and reduced recidivism. Applications The grand challenge of social justice requires social workers to advocate on behalf of those who are marginalized in our communities including criminal offenders. Research-based policy reform can result in improved public safety outcomes and social justice in our communities.
49
Afanasyev, Sergey F. "Justice and a Court Ruling Using WhatsApp: Admissible Civil Procedure Reality?" Arbitrazh-civil procedure 2 (February 11, 2021): 41–44. http://dx.doi.org/10.18572/1812-383x-2021-2-41-44.
Full textAbstract:
The article is devoted to the subject of admissibility of the consideration and resolution of the case by the court by video call using the WhatsApp messenger. This study is relevant in view of the presence of common problems of legal regulation of procedural rights and obligations that are implemented by various participants in legal proceedings in electronic form. In order to form a comprehensive understanding of e-justice and e-justice, general scientific and private law (historical-legal, formal-legal, comparative-legal) methods are used. The question is being examined whether the court’s decision, taken as a result of the consideration of the case by video call using the WhatsApp messenger, is a procedural act, which was decided in a well-known procedural form. It is substantiated that such a decision is any other law enforcement document, but not a procedural one, since, as a general rule, for remote participation in a court session of all interested parties, only video-conferencing systems of the courts at the place of residence, stay or location of these persons are used. It is concluded that in order to transform the existing order of participation in the court session by means of video-conferencing, it is necessary to make amendments and additions to the current procedural law, allowing the presence of interested subjects anywhere outside the court, thereby legitimizing such a procedure.
50
Rossi-Maccanico, Pierpaolo. "European Commission Competence in Reviewing Direct Business Tax Measures." EC Tax Review 18, Issue 5 (October 1, 2009): 221–35. http://dx.doi.org/10.54648/ecta2009030.
Full textAbstract:
Direct taxation is the quintessential national prerogative in the EU, although it shall be exercised in conformity with Community law obligations, the European Court of Justice (ECJ) says. The ECJ has upheld the Commission action in reviewing direct business tax rules, directly infringeing against the exercise of fundamental economic freedoms protected by the Treaty and with respect to State aid rules. Distinct infringements proceedings relating to business tax measures for breach of fundamental freedoms, harmful tax competition, or State aid may proceed in parallel as each one is autonomous on its own right. The role of State aid and discrimination reviews has become critical for direct business taxation, as with the expansion and consolidation of the common market the effects of host and residence taxation are found to distort the location of new undertakings and investments. On the one hand, the prohibition to fiscally discriminate against host undertakings or to limit foreign investments leads towards equalization between more favourable residence taxation and source imposition. On the other hand, fiscal aid review demands that preferential taxation for host undertakings is brought in line with standard residence taxation. This unresolved tension between residence and source taxation is the source of unsettled jurisprudence of the ECJ. Against this background, the article offers a critical analysis of the ways by which the Commission exercises its competences to review direct tax measures, through its prerogatives under Article 226 EC, the Code of Conduct and State aid rules, by outlining the notions of tax discrimination, restriction and selectivity in the different contexts in which they have developed under the Commission review practice and the interpretation provided by the European judicature, with a view to establishing possible parallels and distinctions between such notions.