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Littérature scientifique sur le sujet « Multiculturalism – Law and legislation – Europe »

Auteur : Grafiati

Publié le 10 mars 2023

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Articles de revues sur le sujet "Multiculturalism – Law and legislation – Europe"

Joppke, Christian. « Multiculturalism by Liberal Law ». European Journal of Sociology 58, n^o 1 (avril 2017) : 1–32. http://dx.doi.org/10.1017/s0003975617000017.

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AbstractThere has been much talk about the retreat or even death of multiculturalism. Much of this discussion confounds multiculturalism with explicit policy under that name. I argue in this paper that liberal law itself, in particular majority-constraining constitutional law, requires multiculturalism, understood as multiple ways of life that cannot and should not be contained by a state that is to be neutral about individuals’ ultimate values and commitments. The workings of legal multiculturalism are demonstrated through a comparison of benchmark jurisprudence on gays in America and Muslims in Europe. An interesting difference is that for Muslims, liberal law has also functioned as constraint, not only as resource, especially in the post-2001 period of heightened integration concerns.

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Barth, William. « Minority Rights, Multiculturalism and the Roma of Europe ». Nordic Journal of International Law 76, n^o 4 (2007) : 363–406. http://dx.doi.org/10.1163/090273507x249200.

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AbstractIn this article, I review legal initiativaes to improve conditions for the Roma peoples who live in the states of Europe. The question is timely given the accession of Romania and Bulgaria to the European Union on 1 January 2007. Romania contains the largest concentration of the Roma population in Europe. My article uncovers a schism between political theory and international law on the question of minority rights. I distinguish how the conclusions of Will Kymlicka, one of the most prolific writers on the subject of multiculturalism in political theory, differ from the international jurisprudence that protects minority groups. In this essay, I analyse Kymlicka's claim that multicultural policies are contextually dependent, and an inappropriate subject for a common legal regime of international human rights treaties. To determine the implications of human rights jurisprudence for this normative claim, I also research court cases filed by the Roma under the European Framework Convention for the Protection of Minorities and the European Convention for the Protection of Human Rights and Fundamental Freedoms. I contrast the international treaties that protect minority groups from political theorist accounts of multiculturalism in three areas. First, my article discusses jurisdictional issues concerning whether the particular groups defined by minority rights, irrespective of their geographical location or contextual experience, are proper subjects for protection by a common rights regime. Next, I illustrate how cultural rights are distinguishable from traditional civil rights laws. Finally, I examine how the historic persecution of the Roma violates human rights standards that protect minorities. The Roma have a long and unique relationship with the European states, which serves to demonstrate whether or not a common regime of minority rights safeguards the cultural development of the Roma.

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Pardy, Maree, Juliet Rogers et Nan Seuffert. « Perversion and Perpetration in Female Genital Mutilation Law : The Unmaking of Women as Bearers of Law ». Social & ; Legal Studies 29, n^o 2 (23 juillet 2019) : 273–93. http://dx.doi.org/10.1177/0964663919856681.

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Female genital cutting (FGC) or, more controversially, female genital mutilation, has motivated the implementation of legislation in many English-speaking countries, the product of emotive images and arguments that obscure the realities of the practices of FGC and the complexity of the role of the practitioner. In Australia, state and territory legislation was followed, in 2015, with a conviction in New South Wales highlighting the problem with laws that speak to fantasies of ‘mutilation’. This article analyses the positioning of Islamic women as victims of their culture, represented as performing their roles as vehicles for demonic possession, unable to authorize agency or law. Through a perverse framing of ‘mutilation’, and in the case through the interpretation of the term ‘mutilation’, practices of FGC as law performed by women are obscured, avoiding the challenge of a real multiculturalism that recognises lawful practices of migrant cultures in democratic countries.

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Szabó, Zsolt, et Herbert Küpper. « Legislation and Legislative Process in Eastern Europe ». International Journal of Parliamentary Studies 1, n^o 1 (26 avril 2021) : 73–108. http://dx.doi.org/10.1163/26668912-bja10008.

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Abstract The study describes and systemises the constitutional requirements on legislation in Eastern Europe. The comparison reveals that the basic structures of the legislative process live up to the standards of the rule of law. The details, however, are quite frequently deficient or problematic. Laws requiring a qualified majority often cause structural problems, based on poor political culture, and the vague and contradictory regulatory framework. Other problems are a legacy of socialism, e.g. the instrumental perception of the law, or the immature separation of powers. However, the apparent homogeneity of the region and its structural problems that was typical of the socialist era, has given way to a stronger differentiation which often reflects differences that existed prior to the socialist dictatorship. This stronger differentiation concerns, i.a. the extent of executive law-making, the structure of parliament (mono- or bicameral), the majority requirement for the decisions in parliament, and the participation of the people in legislation. In the states that have joined the EU, the European criteria of the rule of law have had their effect, whereas the candidate states on the Wester Balkans are on the way of consolidating their legislative system. Further to the East, the rule of law becomes weaker and weaker.

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Efird, Jimmy. « Calls for Stricter Legislation and Fear in the European Immigrant Community : Reflections of the Public Charge Debate Ongoing in the United States Comment on "A Crisis of Humanitarianism : Refugees at the Gates of Europe" ». International Journal of Health Policy and Management 9, n^o 3 (2 novembre 2019) : 119–20. http://dx.doi.org/10.15171/ijhpm.2019.97.

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In the editorial, "A Crisis of Humanitarianism: Refugees at the Gates of Europe," Marianna Fotaki elegantly highlights the changing dynamics of governmental policy toward refugees, forced migrants into Europe and the move away from the principles of humanitarianism.1 The perceived threats to economy, security, and concerns of globalization and multiculturalism often are manifested as a "cry of wolf " about alleged health risks. This in effect has raised concerns of inadmissibility on health-related grounds and calls for stricter legislation for determining who is eligible for legal permanent residence, precipitated in part by the "public charge" debate occurring in the United States.2 As Marianna notes "anti-migration rhetoric is now a permanent fixture of European politics."

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Hammer, Yoav. « Multiculturalism and the Mass Media ». Law & ; Ethics of Human Rights 1, n^o 1 (1 janvier 2007) : 169–212. http://dx.doi.org/10.2202/1938-2545.1005.

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In light of the importance of culture for the autonomy, sense of identity, and self-respect of individuals, cultural minorities have a right that their cultures flourish. Since cultural minorities are frequently in a disadvantaged position in the cultural market-place, a commitment to equality implies that the state ought to take steps to assist these minorities in preserving their cultures. This Article examines the ways the mass media can assist cultural minorities in preserving their cultures. For instance, when the media present contents that relate to the cultures of minorities, individual members of the minority group are exposed to their culture; media designated for cultural groups facilitate dialogue between group members, thus enabling the cultural group to determine which parts of its culture to retain and which parts to change. With that said, contemporary media frequently provide insufficient cultural contents due to the influence of commercial operational logic. This Article examines why the motivation for profit leads to under-production of cultural materials for minorities and to insufficient inclusion of cultural minorities in the public discourse. It is argued that the inequality caused by the mediawhich provide minorities with too little of the cultural contents so pertinent to the realization of their right to culturemerits corrective intervention. The Article examines possible forms of State intervention with the media on behalf of cultural minorities, taking into consideration that such intervention is a sensitive issue, since it has ramifications concerning the scope of the freedom of the press. Accordingly, it is argued that the State ought to be permitted to create legislation which intervenes, mainly by means of subsidies and structural regulation, to improve the manner in which the media fulfill their roles in a multicultural democracy. In contrast, there should be sparse use of conditionality in the issue of licenses for media operators.

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Rubinstein, Amnon. « The Decline, but not Demise, of Multiculturalism ». Israel Law Review 40, n^o 3 (2007) : 763–810. http://dx.doi.org/10.1017/s0021223700013558.

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This article discusses the decline of the multicultural doctrine that has governed Western political philosophy and practice in the last part of the 20thcentury. This decline is felt in the USA as well as in EU countries and manifests itself in new cultural restrictions on immigration policy, in stricter loyalty tests for immigrants who seek naturalization and in statutes regulating behavior in public places (such as the anti-veil acts in Europe) and proscribing deviant acts based on religious tradition (such as the American law criminalizing female genital circumcision). This decline is also accompanied by rethinking the theoretical foundations of the multicultural approach. This rethinking was accelerated by the onset of the Islamist—as distinct from Moslem—crisis, but started before the 9/11 events.The article surveys the state of multiculturalism in a number of Western countries and pays special attention to the cases of the USA, Britain, France, and the Netherlands. The case of Israel is discussed separately because of its unique features as a society plagued by a national conflict. In all these countries the principal issue is how to tolerate intolerant communities, how to treat religious communities whose tenets clash with the democratic and liberal values of the host country and how to balance the rights of the individual against the rights of the cultural group to which that individual belongs.The author challenges the notion that all cultures are entitled to equal treatment and excludes from this ambit cultures that clash with the values of democracy and human rights. The author denies the notion that consent of the sufferer validates such cultural practices and demonstrates this by referring to the former Hindu practice of Seti—burning a widow alive, with her consent. Such consent is irrevocable and is always subject that it was given under social and cultural duress.The main brunt of this article is that the norms of democracy, equality, and human rights are not a culture in the ordinary sense of the word, as they are distinct from all traditional cultures and are the result of an intellectual construct founded upon the autonomy of the individual and on a rejection of traditional culture. This is the reason why these liberal norms should supersede any custom, even when based on cultural tradition, when there is a clash between the two. When there is no such clash, a compromise solution ought to be reached resorting to traditional judicial means of balancing contradictory values.

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Flower, Joanna. « Negotiating European Legislation : The Services Directive ». Cambridge Yearbook of European Legal Studies 9 (2007) : 217–38. http://dx.doi.org/10.1017/s1528887000002809.

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The directive on Services in the Internal Market is one of the most controversial and disputed pieces of European legislation in recent years. Known in its infancy as the ‘Bolkestein’ Directive after Frits Bolkestein, the Internal Market Commissioner who first put forward the proposal on behalf of the Commission, and later in the run up to its adoption as the ‘Frankenstein’ Directive, it sparked mass protests across Europe and was even suggested by some as being the real reason why France voted against the draft Constitutional Treaty in 2005.

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Gallego, Gorka. « Waste Legislation in the European Union ». European Energy and Environmental Law Review 10, Issue 12 (1 décembre 2001) : 342–50. http://dx.doi.org/10.54648/394999.

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As we embark upon the Sixth Environmental Action Programme two articles look at the development of waste legislation and ask how important is the environment for Europe nowadays; what level of environmental protection do we have now; and how do we deal with the waste we produce in Europe? This first of the articles includes an overview of environmental policy and the law, and the definition of waste.

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Prugberger, Tamás, et Róbert Román. « Labour Law Protection of Executive Employees in Hungary and Western Europe ». European Integration Studies 17, n^o 2 (2021) : 83–91. http://dx.doi.org/10.46941/2021.e2.83-91.

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This article examines a specific chapter of the Hungarian Labour Code, the regulation on executive employees. The study is comparative in nature and aims to reveal the difference between the old and the new legislation. It compares changes in past and current legislation and presents the solutions used in Western European labour law to achieve the most optimal regulation of the executive status. The study also looks at what solutions, should be adopted in the field of management regulation and what would be the tasks of the legislation that would bring about the updating of labour law provisions. Such a problem does not arise in the Western European legal literature, as in countries following the unique works council system this is prevented by the legal disclosure of the hierarchical chain of executive employees, and in dual systems the dual composition of works councils, where one side is occupied by members elected by subordinate employees from among their own circle, while the other side is provided by the upper level of executive employees by delegation from the employer.

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Thèses sur le sujet "Multiculturalism – Law and legislation – Europe"

Giard, Timothée M. « The control of state aid to airlines by the European Commission / ». Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78215.

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The airline industry has undergone an unprecedented crisis in the aftermath of the events of September 11th, 2001 in the United States. At that time, the U.S. federal government rapidly moved to create and implement an important rescue package to ensure the sustainability of the U.S. airlines. Contrarily, the European Commission decided to keep the existing legislations and policies regarding state aid, allowing limited support from the Member States to their national carriers. For the Commission, the U.S. state-involvement in the air industry, as well as similar developments in other countries, was bound to create distortions of competition. This situation led the EU to submit a proposal to the Council and the European Parliament for a Regulation with aims to protect the Community airlines from the unfair pricing practices of state-aided non-Community air carriers. The text, modeled after the legislation applicable in the field of trade of goods, would fill a "legal void" and be a new efficient legislative tool for the Commission. Questions did arise, however, about its political legitimacy as well as its legal basis.

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Moessner, Philipp. « Slot allocation in the United States and Europe ». Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99146.

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The following thesis describes and analyzes the development of the U.S. slot allocation system from 1968 until today, in order to draw relevant conclusions for a new European Slot Regulation. The European Commission is currently drafting a new Slot Regulation purporting to introduce market mechanisms. A similar approach was espoused in the United States from 1986 onward, but was ultimately supplanted by overriding legislation in 2000. The analysis of the U.S. slot allocation system reveals the reasons underlying its abolition and queries whether this experience can be successfully transposed in Europe. The thesis commences by providing general information on the definition of slots, slot allocation, and airport capacity. A brief review of the European Commission's current consultation process on the implementation of market mechanisms for slot allocation follows. The main part of the thesis discusses the U.S. High Density Rule and the Rules for the Allocation and Transfer of High Density Airport Slots in historical order. Some criticisms frequently voiced assert that the Rules artificially limited access to airports, constituted barriers to market entry, restricted airline competition, generated higher fares, and yielded adverse effects on smaller communities which, in turn, lost access to key markets. Through a favorable assessment of the Rules, the thesis analyses these concerns and concludes that the suppression of the Rules was rather prompted by local political motivations than by other rationalities. However, experiences drawn from the U.S. Rules demonstrate that a future European secondary market for slots, if implemented under a grand fathering system, will likely have a positive impact on the efficiency of airport capacity, but not on access to the market and competition.

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Boerigter, Thomas J. « Islamophobia, Pluralism, and Multiculturalism : A Comparison between Western Europe and the United States ». Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/330.

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This thesis examines the role(s) of pluralism and the multiculturalism/monoculturalism binary within Islamophobia in the United States and the nations of Western Europe. It analyzes the history of Muslims in Western Europe in order to better understand the relationship between native Europeans and Muslims immigrants, then comparing this relationship to Americans and the Muslim immigrants to the United States.

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Shadley, Anna Bardes. « The Third Gate : Naturalization Legislation in Central and Eastern Europe ». Columbus, Ohio : Ohio State University, 2008. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1206123091.

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Berry, Stephanie Eleanor. « The added-value of minority rights protection for Muslims in Western Europe : multiculturalist approaches and international law ». Thesis, Brunel University, 2014. http://bura.brunel.ac.uk/handle/2438/13871.

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Against the backdrop that multiculturalism has failed in Western Europe, this thesis argues that minority rights standards should be applied to Western European Muslims. Western European States have consistently excluded Muslims from minority rights protection under international law on the basis that they constitute 'new minorities'. However, this thesis asserts that the justifications given by States for the exclusion of Western European Muslims from minority rights protection no longer hold true and have the potential to undermine the object and purpose of the minority rights regime – security and justice. Furthermore, by considering the content of both generally applicable human rights standards and minority rights standards in the light of the situation and specific claims made by Muslim minorities in Western Europe, in relation to the preservation of their identity, this thesis proves that there is an added-value to minority rights protection for these communities. Minority rights standards and multiculturalist policies adopt a similar approach to the accommodation of societal diversity. Thus, given the exclusion of Western European Muslims from the additional protection offered by minority rights standards, this thesis submits that multiculturalist approaches to the accommodation of European Muslims have not failed; insufficient measures have been adopted to ensure their success. If a multiculturalist approach to the accommodation of diversity is to be pursued in Western Europe, States must allow Muslim minorities to benefit from the protection available under minority rights standards.

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Bengtson, Christina. « National parliaments and European legislation : how scrutiny procedures have adapted and why ». Thesis, University of Glasgow, 2006. http://theses.gla.ac.uk/1041/.

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National parliaments have always been involved in the affairs of the European Union. They have debated and voted on joining the Community and have ratified the European treaties negotiated by their governments. On a more regular basis, national parliaments have also, to varying degrees, scrutinised European legislation and the European-level activities of their executives. Increasingly, it has been recognised that national parliaments underpin decisions taken at the European level by legitimising the actions of their executives. As Europeanisation has progressed and the impact of European legislation has become more widely felt at the domestic level, national parliaments have found that their space to manoeuvre has shrunk. National parliaments have become part of a multi-level system of governance and can no longer, singularly, determine the parameters within which they operate. The traditional model of undertaking scrutiny, with specialised European committees operating in isolation from the rest of parliament, is therefore no longer tenable. EU specialists are unable to provide the expertise on all areas covered by European integration and increasingly require the expertise found in other committees within national parliaments to perform their scrutiny adequately. Inter-parliamentary contacts have contributed to a better understanding of common parliamentary problems. Parliamentarians have become more aware of the challenges of Europeanisation and globalisation, but have also discovered ways to, collectively and individually, face these challenges. National parliaments are likely to remain firmly anchored in the domestic level, maintaining their roles as legitimisers of national executives as well as expressions of national sovereignty. They can therefore also be expected to remain independent and autonomous institutions, determining their own activities and procedures. As a consequence, the impetus behind any move by national parliaments to further develop their influence over European (or global) decision-making and activities must come from within national parliaments themselves.

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Foerderer, Jens Peter. « An unclean deal : why the European Commission was right to block GE-Honeywell ». Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78213.

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When the European Commission ultimately blocked the merger between American giant General Electrics and Honeywell in July 2001, this decision triggered a firestorm of criticism. Not only had the Commission just stopped a purely American transaction for the first time since the enactment of European Merger Regulation, but it also contradicted its American Counterpart, the US Department of Justice: The Americans had cleared the deal several months earlier.
In spite of constant cooperative efforts during the investigation, the two antitrust agencies could not reach a common position. When scholars and officials tried to find reasons for the divergence between the American and European decisions, they often criticized the Commission's general approach of focusing on competitors rather than on consumers. They further claimed that the Commission had used dubious economic models to block the merger.
This thesis tries to reinstate the reputation of the European Commission as a professional antitrust institution. The criticisms often left the impression that the Task Force of the Directorate-General for Competition of the European Commission constituted a politically-orientated, rather than economic and legally-orientated, organ. It will be shown that this is actually not the case.
After having analyzed the Commission's decision in detail, and revealing both the strengths and weaknesses of its findings, the thesis will demonstrate that most of the criticisms have to be rejected, and that the Commission had a legal and economic basis in blocking the GE-Honeywell merger.

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Kolcak, Hakan. « A centripetal formula for Turkey : a multiculturalist proposal for the resolution of the republic's long-running Kurdish question ». Thesis, University of Essex, 2018. http://repository.essex.ac.uk/22313/.

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Like consociationalism and territorial pluralism, centripetalism is a multiculturalist way of managing ethno-cultural diversity. Many scholars have examined how a consociational or territorial pluralist formula might help Turkey to resolve its long-running Kurdish problem. To date, no one has paid enough attention to the merits of centripetalism by scrutinising whether they might contribute to the solution of the problem. There is a general neglect of centripetal solution in the academic literature on Turkey's Kurdish question. As an interdisciplinary study, this thesis seeks to fill the centripetal research gap in the literature. The thesis argues that neither consociationalism nor territorial pluralism might be the optimal multiculturalist approach that Turkey should embrace in resolving its Kurdish issue. The thesis comes up with an original centripetal formula for the resolution of the issue. The proposed formula is constructed on the following three cornerstones: 1) a parliamentary system which is built on a 560-member legislature elected via an original version of the Alternative Vote Plus electoral system; 2) asymmetric territorial autonomy for each Kurdish-populated province; and 3) cultural autonomy for individual Kurds residing in the Turkish-dominated provinces. According to the thesis, this centripetal formula might enable Turkey to satisfy or begin to satisfy all main Kurdish demands, the fulfilment of which is regarded by almost all segments of Kurdish society as the basic requirement for the solution of the Kurdish problem. The formula might also create a multiculturalist Turkey less likely to witness some problematic political scenarios that would happen should the Republic establish a consociational or territorial pluralist model for the solution of the problem.

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Wunderlin, Beverly J. « The Regulation of Medically Assisted Procreation in Europe and Related Nations and the Influence of National Identity, Social Cultural, and Demographic Differences ». Thesis, University of North Texas, 2002. https://digital.library.unt.edu/ark:/67531/metadc3192/.

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This study details the Medically Assisted Procreation regulations in thirty-five nation-states, and explores the influence of national identity, social cultural and demographic differences on these regulations. Detailed data were gathered from ministries of health, offices of prime ministers, embassy staff, and others on regulations for each nation. These data were used to categorize the nations in regard to MAP legislation status and regulatory policy regarding marital or age restrictions; posthumous conception; sperm, ovum, or embryo donation, surrogacy; and policy on handling donors. Possible associations between national identity, social cultural, and demographic data for each nation and their regulations were explained. The thirty-five nations were treated as a population with common geographical and political ties. PRE methods, and eta coefficients were used to assess the associations. Sixteen nations have adopted MAP legislation, eight nations have either alternative regulatory guidelines or partial structures, four nations have legislation pending and possibly some laws, and seven nations are unregulated. Based upon statistical analysis, language group emerges as an important indicator for differences in MAP regulations. For example knowing a nation's language group enabled percent improved prediction of that nation's regulatory handling of embryo donation. The percent GDP spent on health care was found to have a substantial or moderate association with most regulations. The findings of this study indicate that the cultural roots associated with national identity as well as economic circumstances such as health care budgets impact the policy making process responsible for the regulation of MAP in Europe. Among other mediating circumstances, MAP related family law cases brought to the European Court of Human Rights create an accumulation of judge-made law, which help create a common European standard. This study of the European region provides a baseline for further research and a reference for cross cultural comparisons.

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Liu, Wai-leung, et 廖為良. « Legislative support for waste reduction initiatives ». Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1997. http://hub.hku.hk/bib/B31253805.

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Livres sur le sujet "Multiculturalism – Law and legislation – Europe"

Bedeschi, Anna, et Gigliola Landucci. Cittadinanza europea e extracomunitari : Il fenomeno dell'immigrazione nel processo di integrazione europea. Padova : CEDAM, 1995.

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Strazzeri, Valentina. Identità e diritti in Europa : Un dibattito alla luce della Carta di Nizza. Padova : Messaggero, 2004.

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Belief, law and politics : What future for a secular Europe ? Farnham, Surrey, England : Ashgate, 2014.

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Galasso, Alfredo. Diritti fondamentali e multietnicità : Una ricerca per la Costituzione dell'Unione europea. Palermo : Flaccovio, 2003.

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Itxaso, María Elósegui. El derecho a la identidad cultural en la Europa del siglo XXI : Hacia una ciudadanía inclusiva. Pamplona : EUNSA, Ediciones Universidad de Navarra, S.A., 2012.

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On cultural rights : The equality of nations and the minority tradition. Leiden : Martinus Nijhoff Publishers, 2008.

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Brems, Eva. Diversity and European human rights : Rewriting judgments of the ECHR. Cambridge : Cambridge University Press, 2012.

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1959-, Foblets Marie-Claire, et Renteln Alison Dundes, dir. Multicultural jurisprudence : Comparative perspectives on the cultural defense. Oxford : Hart Publishing, 2009.

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Commission, Australia Law Reform. Multiculturalism and the law. Sydney, NSW, Australia : The Commission, 1992.

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Field, Elizabeth, et Constanze Moorhouse. Employment law in Europe. Haywards Heath, West Sussex : Bloomsbury Professional Ltd., 2013.

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Chapitres de livres sur le sujet "Multiculturalism – Law and legislation – Europe"

Guiraudon, Virginie. « Multiculturalism and European Law ». Dans An Identity for Europe, 131–56. New York : Palgrave Macmillan US, 2009. http://dx.doi.org/10.1057/9780230621282_8.

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Tsivolas, Theodosios. « European and International Legislation ». Dans Law and Religious Cultural Heritage in Europe, 113–24. Cham : Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-07932-5_8.

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Ostrowska, Marta. « Information Duties Stemming from the Insurance Distribution Directive as an Example of Faulty Application of the Principle of Proportionality ». Dans AIDA Europe Research Series on Insurance Law and Regulation, 31–54. Cham : Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-52738-9_2.

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AbstractIDD directive constitutes a piece of EU primary legislation and therefore it is obliged to respect the legal principles ruling the way in which EU acts towards the Member States, among which proportionality principle is of special importance. A legal act complies with the principle of proportionality if the measures adopted by the EU do not exceed the limits of what is appropriate and necessary to attain the objectives legitimately pursued by the legislation in question. According to IDD’s recitals, the measures adopted therein are proportional to the aim pursued by the IDD, i.e. customer protection. However, a live discussion boosted over the focal point of the IDD, i.e. a wide range of information duties, may lead to different conclusions and thereby put proportionality of the IDD in doubts. To verify this thesis, the author attempts to carry out the ‘proportionality test’ of the discussed information duties.

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Huneberg, Samantha. « What Can the Insurance Distribution Directive “Offer” the South African Microinsurance Model ? » Dans AIDA Europe Research Series on Insurance Law and Regulation, 219–51. Cham : Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-52738-9_10.

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AbstractThe Insurance Distribution Directive is set to change how insurers and intermediaries design as well as sell insurance products. The provisions of the Directive are far-reaching and are to have a significant impact on consumers. The Directive is heavily pro-consumer and due to its pro-consumer nature, it is to have extensive benefits for consumers. South Africa has recently enacted microinsurance provisions which are now considered formalised insurance products in the country. New legislation has been enacted to regulate microinsurance policies in both life and non-life spheres. Microinsurance is to have a profound impact on a large part of the country’s population. Considering the pro-consumer and extensive nature of the IDD, it is worth considering what the IDD can “offer” the South African microinsurance model, what can South Africa learn from these provisions?

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Noussia, Kyriaki, Peter Underwood et Stergios Frastanlis. « Restructuring, Winding-Up & ; Portfolio Transfer of Insurance Companies in Distress ». Dans AIDA Europe Research Series on Insurance Law and Regulation, 171–97. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-85817-9_8.

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AbstractInsurance companies often need to go through restructuring for various reasons. Such restructuring can happen in company law through the mechanism of M&A, or under EU legislation via portfolio transfer (see e.g. Article 14 of Directive 2002/83/EC and Article 12 of Directive 92/49/EEC in the field of non-life insurance). This chapter discusses reorganising, restructuring and winding-up of insurance companies, as well as insurance portfolio transfers by means of company law mechanisms (M&A) and under the Cross-Border Mergers Directive, as well as under the Solvency II Directive. It then goes on to discuss the position under Greek law, and uses as a case study the winding-up of Aspis Pronia in 2009 and the transfer of the insurance undertakings’ portfolios. The analysis will allow us to identify that the level of insurance portfolio transfers harmonisation in the EU is not as high as expected, and that a common framework and harmonisation is needed.

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Mohnhaupt, Heinz. « The Object of Interpretation : Legislation and Competing Normative Sources of Law in Europe During the 16th to 18th Centuries ». Dans Interpretation of Law in the Age of Enlightenment, 61–89. Dordrecht : Springer Netherlands, 2011. http://dx.doi.org/10.1007/978-94-007-1506-6_4.

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Hiez, David. « The Suitability of Luxembourgish Law to B Corp ». Dans The International Handbook of Social Enterprise Law, 693–706. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_33.

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AbstractLuxembourg is famous as an important finance capital in Europe but its legislation on social enterprises and its approach to B Corp is less well known. Its company law is traditionally copied on Belgian law, so that it is B Corp friendly in the same respect, even if its last major reform in 2016 is more autonomous and suspect of excessive attention paid to multinational enterprises. But Luxembourg has also been inspired by social and solidarity economy and created in 2016 a special legal modality for social enterprises: the societal impact company. The social impact company is an original legislation, open to diverse legal forms of companies, accredited by the Minister and, above all, the acknowledgement of two different classes of shares: impact shares and return shares. Meanwhile, Luxembourg is a good example of public support for corporate social responsibility, with a national label; the outcome is a low number of B Corp, since many companies choose to get the national label.

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Ćemalović, Uroš. « Supremacy of EU Law over National Legislation and Supreme Jurisdictions of the Member States – a Quest for a New Balance ». Dans Europe in Changes : The Old Continent at a New Crossroads, 63–78. Belgrade : Institute of International Politics ; Economics ; University of Belgrade, Faculty of Security Studies, 2021. http://dx.doi.org/10.18485/iipe_euchanges.2021.ch3.

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Guney, Gizem, David Davies et Po-Han Lee. « Introduction ». Dans Towards Gender Equality in Law, 1–12. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-98072-6_1.

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AbstractThis book is the product of an international and interdisciplinary conference that was held at the University of Sussex, UK, in 2018. The primary aim of the conference was to have a closer look at the reasons and impacts of numerous problematic legislation and policies that have been adopted across the world over the last decade and which had a destabilising effect on gender equality and justice. There have been some notable examples in this regard: Poland has reintroduced restriction on women’s right to abortion in 2020 (Calkin & Kaminska, 2020); the debate over the so-called foetal “heartbeat” bills in Taiwan (Liu, 2020) and the ephemeral unconstitutional anti-abortion state laws have been heated in the US and internationally since 2019 (Bakst, 2019; Evans & Narasimhan, 2020); Russia has partially decriminalised domestic violence in 2016, despite the outcry from activists and victims (Semukhina, 2020). As a pandemic swept Europe (Kuhar & Paternotte, 2017), the mobilisation of “anti-gender”, anti-feminist and misogynist discourse in the political and policy domains has its global resonance in, for instance, Brazil (Hunter & Power, 2019), India (Rothermel, 2020) and South Korea (Kim, 2021). In this light, it would not be an exaggeration to contend that the last decade marks a global crisis of gender equality.

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Hernández Cáceres, Daniel. « Social Enterprises in the Social Cooperative Form ». Dans The International Handbook of Social Enterprise Law, 173–91. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_9.

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AbstractDespite the many similarities, cooperatives cannot be considered directly as social enterprises because they do not meet all the requirements to be so. However, within this type of entity, a type of cooperative has emerged—the social cooperative. It adapts some of the attributes of the social enterprise while respecting cooperative principles, and is considered by many to be a type of social enterprise. This type of cooperative is increasing its presence by leaps and bounds worldwide, especially in Europe, where more than ten states have already adjusted their legislation to introduce them. However, the regulation of this type of cooperative has been carried out unevenly, using different names to refer to them and without a clear consensus on how they should be configured. This study analyzed the different legislations of the main countries that regulate this type of cooperative to establish some common characteristics that may allow the identification of the distinctive features of this type of cooperative.

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Actes de conférences sur le sujet "Multiculturalism – Law and legislation – Europe"

Zatloukalová, Lucie. « Principles of European Family Law as an Inspiration for Law Makers in Europe ». Dans COFOLA 2021. Brno : Masaryk University Press, 2021. http://dx.doi.org/10.5817/cz.muni.p210-9981-2021-5.

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The Commission on European Family Law is an international group of academic experts on family law. The principles aim is to help harmonize European law and to inspire national legislators to modernize their legislation. The principles try to capture the common core of individual national legislations. If some substantial question has no common core, the Commission creates a new rule, so-called “better law”. The Principles relating to couples in de facto unions deals mainly with the definition and application framework, general rights and obligations, agreements, property and debts, termination of cohabitation, death and mutual disputes. The Principles are of a recommendatory nature only. In Czech Republic the conservative approach prevailed, and de facto unions have no specific legal regulation. In the future, there can be some interesting legal constructions of rights and duties of couple in de facto union that could be an inspiration for Czech legislator. In this contribution I will choose such rights and duties according to the Principles.

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Wake, C. « Impact of Europe and recent legislation on the GB rail industry - a national safety authority perspective ». Dans IET Seminar on Railway Law for Engineers : How Legislation, Liability and Legal Issues Affect You. IEE, 2008. http://dx.doi.org/10.1049/ic:20080596.

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JAFAR, MOHAMMED. « Floor and Apartment Ownership System A vision for a New Legislative Organization in Iraqi Law ». Dans INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp65-84.

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The system of ownership of floors and apartments represents a developed form of the forms of class ownership. In addition to the old image that prevailed in the old laws of the ownership of classes, represented by the system of ownership of the top and bottom, it appeared in Europe as a result of the acute housing crisis in which the system of ownership of floors and apartments occurred. The law was adopted The Egyptian civil system adopted this system, and from it the majority of laws in Arab countries were taken. This advanced system of tiered ownership is based on dividing the vertical building into tiers or apartments owned by multiple persons, separate ownership and common ownership in the building structure, its land and all the common parts intended for the common use of the owners. Although the Iraqi civil law did not adopt the system of ownership of floors and apartments in its texts, the Iraqi legislator tried to fill this legislative deficiency in the Real Estate Registration Law No. (43) of 1971, and despite that, the system of ownership of floors and apartments remained unorganized and constituted completely in Iraqi legislation, The Iraqi legislator has made many attempts to fill this shortcoming, the most recent of which was his issuance of the Law Regulating Ownership of Floors and Apartments in Buildings No. (61) of 2000. However, the change that Iraq witnessed after 2003 made it necessary to reconsider the legislative regulation of the system of ownership of floors and apartments, from During the development of a new regulation in line with the investment laws and instructions in Iraq and in the Kurdistan Region of Iraq. We have divided our research into three demands. In the first requirement, we discussed the legislative history of the ownership system of floors and apartments in Iraqi law. In the second requirement, we discussed the legal systems applied in the ownership of classes. As for the third requirement, we devoted it to discussing ways to manage the common parts in the system of ownership of floors and apartments. . We concluded our research, with a conclusion in which we mentioned the most important conclusions, the most important of which is the distinction of the system of ownership of floors and apartments from the system of ownership of the top and bottom, and the multiplicity of Iraqi laws that dealt with this system by organizing without the existence of a comprehensive law for all its provisions applicable to all parts of Iraq, and we suggested finding a new legal organization in the Iraqi legislation , by regulating the substantive provisions of the system of ownership of floors and apartments in the Iraqi civil law, and the necessity of developing a special law dealing with the detailed provisions of this system.

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Lotko, Ewa. « Method of Incurring Public Expenditure in Relation to New Public Procurement Legislation in Poland ». Dans The XX International Scientific Conference "Functioning of Investments Financed from State Resources and from Other Sources in The Countries of Central And Eastern Europe". Temida 2, 2022. http://dx.doi.org/10.15290/ipf.2022.10.

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The aim of this paper is to discuss new legal solutions whose implementation may contribute to spending public funds in a targeted and cost-effective manner, obtaining the best effects from the given outlay. This article tries to answer the question whether the new Public procurement law facilitates effective spending of public funds. The conducted analysis includes legal provisions, work of the doctrine as well as data published by the Polish Public Procurement Office. A legal-dogmatic method is the main research method in this paper. The analysis conducted here allows to state that the principle of efficiency under Public procurement law should guarantee spending funds in a targeted and cost-effective manner with maintaining rules arising from the Act on public finance. Therefore, the actions of the legislator connected with the implementation of the new legal legislation on awarding public procurement which promotes greater care for efficient use of public funds should be assessed positively.

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Shalkharov, Y. S. « DEVELOPMENT OF THE MEDICAL LAW SYSTEM IN EUROPE AND ASIA BY THE WAY OF CONSTRUCTION WELL ORGANIZED MEDICAL CARE INSURANCE SYSTEM BASED ON CONSUMER PROTECTION LEGISLATION ». Dans The First International conference on development of jurisprudence in Eurasia. Viena : East West Association GmbH, 2014. http://dx.doi.org/10.20534/icdje-1-15-17.

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Cicoria, Massimiliano. « Legal Subjectivity and Absolute Rights of Nature ». Dans The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.06.

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The anthropocentric approach that characterizes all human knowledge has led to a distortion of the relationship with Nature and a view of it as a mere object of law. This approach, presumably originating with Socrates, had solid support in Plato, Aristotle, Ptolemy, and finally, in Catholic patristics, hinging on all disciplines starting from philosophy, psychology, economics, up to law. Dwelling on the latter, examples of legislation that qualify Nature as an object of law are, increasingly over time, the Forest Charter of 1217, the Italian Law No. 1766 of 1927 on civic uses, and furthermore – Art. 812 of the Italian Civil Code, and finally – the cd. Consolidated Environmental Law. This view is, however, changing in some states such as Bolivia, New Zealand, India, Ecuador, Uganda, – the states that through either legislative acts or rulings of supreme courts have begun the process of granting both to Mother Earth in general, and rivers in particular, the status of juridical persons which are endowed with series of very personal rights, which are recognized. This is not the case in Europe, where the relevant legislation continues to consider Nature (or, better, the Environment) as an object of law, therefore as a “thing” from which to draw, albeit within certain limits, utilities of all kinds. By analysing legal instruments potentially useful for a Copernican revolution on this point – in particular, the Kelsenian concept of “legal person”, the meaning of “company” and the European provisions on Artificial Intelligence – the first conclusion is reached: in a relationship that is not only theoretical, but also practical and utilitarian, it would be opportune to start considering, also through acknowledgments in constitutional sources, the Nature as a subject and no longer an object of rights. In this regard, following the general theories of people’s rights, it could be granted certain absolute rights, of which the right to water, restoration and biodiversity are examined in the current article. Hence, we come to the second conclusion, namely, the contrasts that, in Western law, such an approach could suffer, analysing in particular the problems of neo-naturalism and representation.

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Lalere, Béatrice, Fanny Gantois, Rosemarie Philipp et Sophie Vaslin-Reimann. « Certified reference materials for breath alcohol control - the ALCOREF project ». Dans 19th International Congress of Metrology (CIM2019), sous la direction de Sandrine Gazal. Les Ulis, France : EDP Sciences, 2019. http://dx.doi.org/10.1051/metrology/201915002.

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The Joint Research Project Alcoref “Certified forensic alcohol reference materials” is a multi-partner trans-national project within the targeted call “Research Potential” of the European Metrology Programme for Innovation and Research (EMPIR) launched in 2016. The European Commission has estimated that about one quarter of road traffic deaths are due to alcohol. The European status report on road safety of the World Health Organization Regional Office for Europe therefore stated that, among other measures, better legislation and enforcement of alcohol control is needed in several countries. In particular, the report demands that unrestricted access to alcohol breath testing, using breath analysers of equivalent and agreed standard, should be implemented throughout Europe. These high standards for tests, verification and calibration of breath alcohol analysers should meet some requirements of the recommendation R 126 defined by the International Organization of Legal Metrology (OIML) and European standards (EN 16280 and EN 15964). The specific objective of this project is to establish regional research and metrological capacity for the development of certified forensic alcohol reference materials for the law enforcement of drink-driving regulations.

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Mihai, Ioan cosmin. « STRATEGIC DEVELOPMENTS IN THE FIELD OF CYBERCRIME FOR THE INVESTIGATION OF COMPROMISED ELEARNING SYSTEMS ». Dans eLSE 2017. Carol I National Defence University Publishing House, 2017. http://dx.doi.org/10.12753/2066-026x-17-227.

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The phenomenon of cybercrime is becoming more hostile and confrontational as both individuals and organized criminal groups take advantage of new criminal opportunities from the cyber environment. Many cyber-attacks are used to compromise eLearning systems, to change the student’s grades and results, to steal the information available only for trainers and professors, or to infect all the users that are using the platforms. The role of legislation in preventing and combating the cybercrime phenomenon against eLearning systems is very important. Legal measures are needed in all the fields, including investigative measures, procedural powers, jurisdiction, and international cooperation. In a globalized and connected world, the law consists of a collection of national and international legal systems. Sometimes provisions can contradict each other, resulting to collisions of law, because of the interactions between these legal systems. The main goal of the international law is to obtain harmonization of national laws. In the last decade many significant developments were made for the promulgation of multilateral instruments in the field of cybercrime. This paper analyses the collections of regional and international instruments developed in the context of the Council of Europe or the European Union, tools that can help the investigations of compromised online systems. Legal frameworks for the investigation of cybercrime acts in the field of eLearning require a clear scope of application of the power, in order to guarantee the legal actions. Most of the countries have introduced new investigative powers specially created for obtaining electronic evidence which can be used in cases of compromised eLearning systems.

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