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1
Adams-Prassl, Jeremias. "Article 47 CFR and the effective enforcement of EU labour law: Teeth for paper tigers?" European Labour Law Journal 11, no. 4 (February 20, 2020): 391–402. http://dx.doi.org/10.1177/2031952520905383.
Повний текст джерелаАнотація:
‘Social rights’, the late Professor Sir Bob Hepple warned in 2007 ‘are like paper tigers, fierce in appearance but missing in tooth and claw.’ This note sets out to explore the potential of the right to an effective remedy in Article 47 of the European Union’s Charter of Fundamental Rights (‘CFR’) in equipping the Union’s social acquis with credible remedies. Article 47 CFR is one of the most-litigated and important Articles in the Charter. At the same time, however, it has received surprisingly little attention in the context of EU employment law. Discussion is structured as follows: section one explores the rise of the principle of effectiveness, from the early case law of the Court of Justice to the Charter’s entry into force in 2009. Section two sketches the powerful potential of Article 47 CFR, highlighting its utility both in tackling domestic obstacles to effective enforcement, and expanding the horizontal applicability of EU employment law. Section three briefly highlights some of the limitations litigants might encounter, including a general emphasis on broad regulatory discretion for Member States, and the difficult of crafting (positive) duties out of (negative) restraints. A brief concluding section turns to EU law more broadly, as well as the European Convention of Human Rights, for inspirations guiding the potential future development of Article 47 CFR.
2
Sanger, Andrew. "STATE IMMUNITY AND THE RIGHT OF ACCESS TO A COURT UNDER THE EU CHARTER OF FUNDAMENTAL RIGHTS." International and Comparative Law Quarterly 65, no. 1 (January 2016): 213–28. http://dx.doi.org/10.1017/s0020589315000524.
Повний текст джерелаАнотація:
AbstractThis article examines the application of the right of access to a court as guaranteed by Article 47 of the EU Charter of Fundamental Rights in cases involving State immunity. First, it considers the scope of the right of access to a court under the Charter, including its relationship with Article 6(1) of the European Convention on Human Rights, and the ways in which the Charter is given effect within UK law. Second, the article critically examines the Court of Appeal’s application of both Article 6(1) ECHR and Article 47 of the EU Charter in Benkharbouche v Sudan, a case brought by domestic service staff of foreign embassies based in London against Sudan and Libya respectively. It argues that the Court’s statement that the right of access to a court is not engaged in immunity cases because the court has no jurisdiction to exercise – an analysis which relies on Lord Millett’s reasoning in Holland v Lampen-Wolfe and the dicta of Lords Bingham and Hoffmann in Jones v Saudi Arabia – is erroneousness: the right of access to a court is always engaged in immunity cases because immunity does not deprive the courts of jurisdiction ab initio. The article also argues that contrary to the Court’s reasoning on Article 47 of the EU Charter, the right of access to a court does not need to have horizontal effect in a private between private parties: the right is always enforced against the forum State; it has indirect, not horizontal, effect.
3
Tecqmenne, Maxime. "Turning “public interest litigation” into a positive obligation deriving from Article 47 of the Charter: Deutsche Umwelthilfe." Common Market Law Review 60, Issue 6 (December 1, 2023): 1745–72. http://dx.doi.org/10.54648/cola2023123.
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4
Lacchi, Clelia. "Multilevel judicial protection in the EU and preliminary references." Common Market Law Review 53, Issue 3 (June 1, 2016): 679–707. http://dx.doi.org/10.54648/cola2016061.
Повний текст джерелаАнотація:
The article offers a threefold perspective on preliminary references to the ECJ, through an analysis of the case law of the ECJ itself, of (some) constitutional courts and of the ECtHR. Although in the latter two cases, a close connection is made between preliminary references and the right to effective judicial protection, in the EU legal order they are conceived as a “dialogue between judges”. The article looks at their role in light of recent case law concerning this procedure as well as Article 47 of the Charter and Article 19(1)(2) TEU. It aims to identify whether and to what extent preliminary references may be covered by the right to effective judicial protection under EU law. It argues that the preliminary reference procedure may be linked more closely to individuals’ rights if analysed in light of Article 47 of the Charter. Accordingly, some proposals for a more “protection-oriented” system are presented.
5
Steinborn, Sławomir. "The Concept of an Effective Remedy Under Article 47 of the Charter in Context of the European Investigation Order." European Criminal Law Review 14, no. 2 (2024): 135–47. http://dx.doi.org/10.5771/2193-5505-2024-2-135.
Повний текст джерелаАнотація:
The paper focuses on the concept of effective remedy guaranteed in Art. 47 of the Charter. After a brief critical analysis of the judgment of the Court of Justice in Gavanozov II case, it is considered what features a remedy should have in relation to an EIO and investigative measures in order to be assessed effective. Attention was drawn to the need of taking into account, in particular, the degree of interference with fundamental rights of an individual and seeking a balance between the striving to ensure the effectiveness of EU judicial cooperation in criminal matters and the fight against crime on the one hand and the protection of individual rights on the other.
6
Widdershoven, Rob. "National Procedural Autonomy and General EU Law Limits." Review of European Administrative Law 12, no. 2 (December 31, 2019): 5–34. http://dx.doi.org/10.7590/187479819x15840066091222.
Повний текст джерелаАнотація:
This article examines the recent approach of the European Court of Justice of the EU towards the applicability of procedural national law in cases falling within the scope of Union law. It argues that the Court increasingly assesses such rules within the framework of the principle of effective judicial protection, as bindingly codified in Article 47 of the Charter of Fundamental Right of the EU since December 2009. This test is gradually replacing the rather deferential test on the Rewe principles of equivalence and effectiveness and implies a further limitation of procedural autonomy of the Member States. The reason for the shift seems to be the necessity to coordinate the Court's case law on Article 47 CFR with the case law of the European Court of Human Rights on Article 6 ECHR, because this coordination requires the application of a similar standard by both European Courts. As a result, the importance of, in particular, the Rewe principle of effectiveness, has already decreased to a considerable extent and might decrease further in future. Nevertheless, it is not to be expected that this standard will be abolished completely. First, because it may provide an adequate standard for assessing procedural issues that are not related to effective judicial protection or Article 47 CFR. Secondly, because incidentally it may be used by the Court for modifying national procedural law with a view to the effective application of substantive EU rules.
7
GARCÍA URETA, AGUSTÍN. "Derogación de reglamento, pérdida de objeto del recurso y tutela judicial. Comentario al asunto C-289/21, IG, STJUE (sala quinta) de 24-11-22." RVAP 125, no. 125 (April 1, 2023): 241–57. http://dx.doi.org/10.47623/ivap-rvap.125.2023.06.
Повний текст джерелаАнотація:
Este comentario analiza la sentencia del Tribunal de Justicia en el asunto C-289/21, IG. El objeto de este asunto fue la compatibilidad con el art. 47 de la Carta de Derechos Fundamentales de la UE de una norma procesal, por la que quedaba sin objeto un recurso contra una disposición reglamentaria si esta era objeto de derogación. Así como el TJUE señaló que tal mecanismo no resulta incompatible con el principio de equivalencia, sí afirmó que era contrario al de efectividad y al art. 47 CDF, por cuanto no garantizaba la consideración de los efectos de la norma sobre el recurrente. Iruzkin honetan, Justizia Auzitegiak C-289/21 gaiari buruz emandako epaia aztertzen da. Gai horren xedea EBko Oinarrizko Eskubideen Gutunaren 47. artikuluaren eta arau prozesal baten arteko bateragarritasuna izan zen; arau prozesal haren arabera, ez zegoen arrazoirik erregelamenduzko xedapenen aurkako errekurtsoetarako, erregelamenduzko xedapenak indargabetuz gero. Europar Batasuneko Justizia Auzitegiak adierazi zuen mekanismo hori ez dela bateraezinabaliokidetasun-printzipioarekin baina eraginkortasun-printzipioaren eta EBko Oinarrizko Eskubideen Gutunaren 47. artikuluaren aurkakoa zela, arauak errekurtsogilearentzat zituen ondorioak kontuan hartzea bermatzen ez zuelako. This comment examines the ruling of the Court of Justice of the European Union in case C-289/21, IG. The subject-matter of this case was the compatibility with Article 47 of the Charter of Fundamental Rights of a procedural rule according to which, a case was devoid of object if it was previously derogated. Whilstthe CJEU indicated that such mechanism was not incompatible with the principle of equivalence it held that it was irreconcilable with the principle of effectivity and Article 47 as it did not guarantee the examination of the effects of the rule on the plaintiff.
8
Bakó, Beáta. "Judges Sitting on the Warsaw-Budapest Express Train: The Independence of Polish and Hungarian Judges Before the CJEU." European Public Law 26, Issue 3 (December 1, 2020): 587–614. http://dx.doi.org/10.54648/euro2020057.
Повний текст джерелаАнотація:
This article is a contribution to the vital discussions about the rule of law in the EU, focusing on a specific and crucial element of the rule of law: judicial independence. Recently, the CJEU started to use Article 19 (1) of Treaty on European Union and Article 47 of the EU Charter of Fundamental Rights as a basis for enforcing judicial independence in the Member States in cases which do not contain any explicit cross-border elements. This is how some provisions of the heavily criticized reform of the Polish judiciary have already been declared as contrary to EU law by the CJEU. However, it is not only Poland where judges face difficulties. The main subject of this article is a Hungarian case: a preliminary reference issued by a Hungarian judge questioning his own independence. Judicial independence is not primarily threatened by explicit legal provisions but by the fact that the former head of the judiciary administration regularly misused her competence to invalidate judicial applications over several years. This article analyses the Hungarian preliminary reference and its chances in light of the CJEU’s recent, respective case law, especially the preliminary ruling concerning the Polish National Council of the Judiciary, the KRS (Krajowa Rada Sądownictwa) and the Disciplinary Chamber of the Supreme Court (joined cases C 585/18, C 624/18 and C 625/18). Hungary, Poland, European Court of Justice, Article 19 (1) TEU, Article 47 EU Charter of Fundamental Rights, judicial independence, judicial councils, disciplinary chamber, right to an effective remedy, preliminary reference, infringement procedure, rule of law, C-564/19, joined cases C 585/18, C 624/18 and C 625/18
9
Gotthardt, Michael. "Effective enforcement of EU labour law: A comparative example." European Labour Law Journal 11, no. 4 (March 4, 2020): 403–12. http://dx.doi.org/10.1177/2031952520905385.
Повний текст джерелаАнотація:
The article looks at the outcome of the two legal proceedings in the Schüth and IR cases. In both cases employees of the Catholic Church – a choirmaster and organist in a Catholic parish and a trained physician working as Head of the Internal Medicine Department of a Catholic hospital - were dismissed because of the violation of the Basic Regulations on Employment Relationships in the Service of the Church. In the Schüth case Article 8 of the European Convention on Human Rights (ECHR), which protects the right to private and family life, had been violated. In the IR case the Charter of Fundamental Rights of the European Union and the Directive establishing a general framework for equal treatment in employment and occupation were applicable. The dismissal in IR was held to be unequal treatment in employment. But the outcome of both cases was very different. We find that Union law and in particular Article 47 of the Charter of Fundamental Rights of the European Union makes all the difference. In the Schüth case, the employment relationship was terminated and the claimant’s only consolation was a claim for damages from the State. In the IR case, on the other hand, the termination was declared invalid and the employment relationship continued, i.e. the head physician did not lose his job. The comparison of the cases demonstrates that European law, backed by Article 47 of the Charter of Fundamental Rights of the European Union, has not only permeated procedural law, it has also led to an increase in judicial reviews of substantive law which in the application of Union law is a far cry from a mere plausibility review.
10
Roer-Eide, Haakon, and Mariolina Eliantonio. "The Meaning of Regulatory Act Explained: Are There Any Significant Improvements for the Standing of Non-Privileged Applicants in Annulment Actions?" German Law Journal 14, no. 9 (September 1, 2013): 1851–65. http://dx.doi.org/10.1017/s2071832200002522.
Повний текст джерелаАнотація:
The right to an effective legal remedy is a generally accepted principle of modern legal systems and is enshrined in national constitutions as well as international treaties, such as the European Convention on Human Rights and Fundamental Freedoms. On the European Union (hereinafter EU) level, the right to an effective remedy is laid down in Article 47 of the Charter of Fundamental Rights of the European Union.
11
Eliantonio, Mariolina. "The relationship between EU secondary rules and the principles of effectiveness and effective judicial protection in environmental matters: towards a new dawn for the 'language of rights'?" Review of European Administrative Law 12, no. 2 (December 31, 2019): 95–116. http://dx.doi.org/10.7590/187479819x15840066091349.
Повний текст джерелаАнотація:
Environmental policy is an area which has been quite heavily proceduralised and is a rather peculiar example of 'multi-level proceduralisation' because of the presence of the Aarhus Convention. This paper explores the relevant procedural provisions taken in the field of environmental law and in particular in implementation of the Aarhus Convention, and examines the case law which has involved these provisions. This case law is specifically discussed as concerns the way in which the Court of Justice deals with the interaction between the relevant secondary rules and the general principles of effectiveness and effective judicial protection, as well as Article 47 of the Charter of Fundamental Rights concerning the right to an effective remedy. It is shown that it is difficult to distill a consistent approach on the part of the Court with regards to this interaction, and that much depends on the specifics of the case and the question posed by the referring court. However, with the latest case law, despite the apparent lack of underlying rights which would be able to trigger the applicability of the Charter of Fundamental Rights, the Court of Justice seems to be moving towards a heavier involvement of Article 47 of the Charter and, consequently, of a 'language of rights', which increasingly plays a pivotal role in boosting the effectiveness of the Aarhus Convention.
12
Morijn, John, and Dimitry Kochenov. "Strengthening the Charter’s Role in the Fight for the Rule of Law in the EU: The Cases of Judicial Independence and Party Financing." European Public Law 27, Issue 4 (December 1, 2021): 759–80. http://dx.doi.org/10.54648/euro2021037.
Повний текст джерелаАнотація:
This article discusses how the application the EU Charter of Fundamental Rights contributes to the fight for the rule of law in the EU. After outlining the connections between the two it focuses on two examples of how the Charter could and should play a more significant role in upholding the rule of law. As to Member State-level rule of law breakdowns, we demonstrate that the Charter has either been missing in the shadow of Article 19(1) of the Treaty on European Union or threatened to undermine the fight for the rule of law when the principle of judicial independence was reduced to Article 47 Charter standing alone. As to supranational level rule of law issues, where the Charter’s applicability under Article 51 CFR is uncontroversial, we show that it has nonetheless so far been applied to a problematically limited extent. This is particularly clear with regard to party-financing at EU-level. This file offers a case in point to show how taking the Charter seriously could make a significant difference in protecting the rule of law in the EU. Article 7 TEU, Charter of Fundamental Rights of the European Union, judicial independence, party financing, rule of law
13
Nfobin, E. H. Ngwa. "The Francophone/Anglophone Split over Article 47 of the Constitution of the Federal Republic of Cameroon: An Abiding Malaise with an Explosive Charge." African Journal of International and Comparative Law 25, no. 4 (November 2017): 538–60. http://dx.doi.org/10.3366/ajicl.2017.0211.
Повний текст джерелаАнотація:
Voting in 1961for reunification with the Republic of Cameroon instead of remaining Nigerian, the Southern Cameroons made a point. Neither the Treaty of Versailles partitioning the defunct German protectorate between Britain and France nor the superimposition of new values by the successor powers affected nationhood developed under the Germans. They were instead enriching features of that national identity of Kamerun. However, time has revealed how difficult it is to become the beacon of enlightened tolerance. Points of friction emerged, many articulated in the 1993 Buea Declaration that led to the creation of the Southern Cameroons National Council and the 2003 petition mainly for secession to the African Commission. One remains an oozing sore, with all possibilities of opening up into a running sore anytime – the 1972 referendum for the switch to unitarism that gave national destiny a decisively Francophone tilt. Anglophones contend Article 47 of the Federal Constitution guaranteed permanence of status beyond even the power of a referendum and that abolishing federalism entitled them to assert independence from the union. Against these, however, are surefire pro-Francophone arguments: the ‘Francophone spirit’ of the text and the agreed superiority of the French language, which stacked the odds against Anglophones even from the start.
14
Papp, Mónika. "Matteo Bonelli – Mariolina Eliantonio – Guilia Gentile (szerk.): Article 47 of the EU Charter and Effective Judicial Protection, Volume 1 (Hart Publishing, 2022) 299." Állam-és Jogtudomány 64, no. 3 (2023): 83–86. http://dx.doi.org/10.51783/ajt.2023.3.07.
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15
Kochańska, Paulina. "The requirement for effective judicial protection as a part of the Rule of Law in European Union law." Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 35 (June 10, 2021): 51–67. http://dx.doi.org/10.19195/1733-5779.35.4.
Повний текст джерелаАнотація:
This article aims to present the importance of ensuring effective judicial protection in the Member States of the European Union. Within the scope of the study, the substance and content of the rule of law were studied, with particular emphasis of court independence, an important part of the effective judicial protection principle (article 19 TEU and article 47 Charter of Fundamental Rights). The perspective was captured in general, directing the considerations directly towards the principle of effective judicial protection. The legal analysis was carried out in the light of the recent case-law of the Court of Justice of the European Union, and enriched by the analysis of the EU law doctrine.
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Cafaggi, Fabrizio. "Towards Collaborative Governance of European Remedial and Procedural Law?" Theoretical Inquiries in Law 19, no. 1 (February 13, 2018): 235–60. http://dx.doi.org/10.1515/til-2018-0008.
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Abstract This Article examines consumer law enforcement in the EU. It shows how the effectiveness of collective and individual redress is intrinsically linked to the interplay between administrative and judicial enforcement and alternative dispute resolution (ADR). It addresses the trends and the contradictions of EU enforcement policies and their impact on national systems by looking at the role of general principles and fundamental rights, in particular Article 47 of the European Charter of Fundamental Rights (CFR). It concludes with policy recommendations concerning how the various consumer enforcement mechanisms should be coordinated at the EU and national level to ensure comprehensive and effective protection in compliance with fundamental rights.
17
Lord Lloyd-Jones. "FORTY YEARS ON: STATE IMMUNITY AND THE STATE IMMUNITY ACT 1978." International and Comparative Law Quarterly 68, no. 2 (April 2019): 247–69. http://dx.doi.org/10.1017/s0020589319000125.
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AbstractThis article addresses some of the changes in international law and foreign relations law which have impinged on the operation of the State Immunity Act 1978 in the first 40 years of its operation and some of the ways in which it has been supplemented by judicial decisions. It addresses, in particular, the initial need for legislation in this field, the circumstances in which agents of a State may be entitled to immunity, the relationship between State immunity in domestic law and Article 6 of the European Convention on Human Rights and Article 47 of the EU Charter of Fundamental Rights, the relationship of State immunity and rules of jus cogens, and the respective scope of State immunity and principles of non-justiciability.
18
Scarcello, Orlando. "The Randstad Case: Melki Reloaded? The Fundamental Right to Effective Judicial Protection as Battleground for Judicial Supremacy in European Law." Nordic Journal of European Law 4, no. 1 (August 26, 2021): 53–68. http://dx.doi.org/10.36969/njel.v4i1.23445.
Повний текст джерелаАнотація:
This paper will examine the recent preliminary reference to the European Court of Justice issued by the Italian Court of Cassation in the Randstad case, aimed at rearranging the internal constitutional separation between ordinary and administrative courts (article 111(8) of the Constitution). I will first provide some context on both the relations between Italian and EU courts (2.1) and on the confrontation between the Court of Cassation and the Constitutional Court in interpreting article 111 (2.2). I will then specifically examine the referring order to the Court of Justice of the EU (3), focusing on the role of general clauses of EU law as articles 4(3) and 19 TEU and 47 of the Charter in it. Finally, I will consider the instrumental use of EU law made by the Cassation to overcome an unpleasant constitutional arrangement. This aligns Randstad with previous cases such as Melki or A v. B and may foster constitutional conflict in the future.
19
Mitsik, Vsevolod. "THE COUNCIL OF EUROPE LANGUAGE STANDARDS PROTECTION OF MINORITY LANGUAGES AND THEIR SIGNIFICANCE FOR UKRAINE." Actual Problems of International Relations, no. 147 (2021): 37–47. http://dx.doi.org/10.17721/apmv.2021.147.1.37-47.
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Abstract. As for most countries of the world, the problem of preservation and protection of regional or minority languages is relevant for modern Ukraine. It should be noted that there are no universal special international legal instruments on this issue. Today, European states under the leadership of the Council of Europe have achieved more significant results in this area. The main purpose of its work on this subject is to preserve and protect regional or minority languages in Europe as an integral part of Europe's cultural heritage. Analysing the legal situation with minority languages in Ukraine and the remarks of the monitoring bodies of the Council of Europe on this issue, we note that there is an urgent need to direct national lawmaking to improve national legislation and eliminate shortcomings and inconsistencies with European international legal standards in this area. The article examines the issues of cooperation between Ukraine and the Council of Europe on the protection and promotion of historical regional or minority languages, which contributes to the development of cultural wealth and traditions of Europe. The author examines the purpose of the adoption of the European Charter for Regional or Minority Languages, its main provisions, and the particularities of the object of application. The reform of the monitoring mechanism of the Charter dated July 1, 2019 is analyzed. Special attention is paid to the application by Ukraine of the European Charter for Regional or Minority Languages and the problematic issues of its implementation. Key words: The Council of Europe, Ukraine, regional or minority languages, language rights, language standards, multinational and multilingual population.
20
Marinova, Gergana. "Judgement of the Court of Justice of the EU in Case C-282/20 and the Intermediate Stage of the Bulgarian Criminal Procedure Code." De Jure 13, no. 2 (December 21, 2022): 219–26. http://dx.doi.org/10.54664/clrq3142.
Повний текст джерелаАнотація:
The article discusses the judgement of the Court of Justice of the EU in case C-282/20 and the relevant Bulgarian legislation. It comes to the conclusion that the defendant’s right to information, as provided for in Art. 6(3) of Directive 2012/13 and in Art. 47 of the EU Charter of Fundamental Rights, is guaranteed in the Bulgarian Criminal Procedure Code, though in one case it has to be applied by analogy. Hence, it is not necessary for the principle of consistent interpretation of national law to be applied.
21
Czerniak-Swędzioł, Justyna. "Kontrowersje dotyczące stosowania art. 57 § 2 (art. 47) w zw. z art. 39 Kodeksu pracy względem nauczyciela mianowanego w wieku przedemerytalnym – uwagi de lege lata i de lege ferenda." Studia z zakresu Prawa Pracy i Polityki Społecznej 31, no. 2 (May 29, 2024): 111–23. http://dx.doi.org/10.4467/25444654spp.24.007.19482.
Повний текст джерелаАнотація:
The Teachers’ Charter Act forms two bases for the employment of a teacher, i.e. employment contract and appointment, but the choice of the appropriate one remains dependent on the possession of a certain degree of professional promotion and the existence of conditions for full-time employment at school for an indefinite period. The termination of the employment relationship with employees of this professional group is also comprehensively regulated in the Teacher’s Charter Act and guarantees a higher level of protection than the regulations of the Labour Code Act. The analyzed issue does not concern the question of protection, but the unjustified differentiation of rights to which teachers-employees employed on different legal bases are entitled, after their reinstatement due to unlawful termination by the employer. According to the case law, the reference in Article 57 § 2 and Article 47 to Article 39 of the Labour Code Act is a reference to the prerequisite of reaching the pre-retirement age together with the basis of employment, which is the employment contract. In the author’s opinion, this remains contrary to the principle of equality expressed in Article 32(1) of the Constitution of the Republic of Poland, since from the perspective of compensation for the time of unemployment, the criterion of the basis of the employment relationship is not relevant.
22
Vrabie, Mihaela. "Judicial Review of Administrative Action at National Level under the EU Charter of Fundamental Rights and General Principles of EU Law." Central European Public Administration Review 18, no. 1 (April 23, 2020): 25–49. http://dx.doi.org/10.17573/cepar.2020.1.02.
Повний текст джерелаАнотація:
This article aims to determine when the national authorities have the obligation to comply with EU fundamental rights, in the framework of administrative procedures carried out in the EU Member States. It also aims to determine the legal remedies available at national level in the context of judicial review in case of violation, by the national authorities, of EU fundamental rights guaranteed by the Charter of Fundamental Rights of the EU or as general principles of EU law. To this end, this study explains the impact of the legally binding EU Charter on public administration of the Member States and the field of application of the EU Charter at national level. The article also deals with the distinction between EU fundamental rights as primary EU law guaranteed by the EU Charter and EU fundamental rights as general principles of EU law. With reference to the judicial remedies available to national courts, the study outlines the effects of EU law (primacy of EU law, direct effect, direct application) in relation to the EU fundamental rights and the measures that can be adopted by the national courts when the action of the national administrative authorities is not compatible with EU fundamental rights. Finally, the article presents the most important findings concerning judicial protection of EU fundamental rights at the national level, especially from the perspective of the right to an effective remedy and to a fair trial stipulated by Article 47 of the EU Charter.
23
Cornelisse, Galina. "EU Boots on the Ground and Effective Judicial Protection against Frontex’s Operational Powers in Return: Lessons from Case T‑600/21." European Journal of Migration and Law 26, no. 3 (August 13, 2024): 356–80. http://dx.doi.org/10.1163/15718166-12340184.
Повний текст джерелаАнотація:
Abstract This article comments on Case T-600/21 to highlight the serious shortcomings in direct actions before EU courts against allegations of fundamental rights violations by Frontex. It contributes to existing scholarship on legal accountability failings with regard to operational activities by Frontex for two reasons. First, the contribution argues that Frontex’s operational competences in the area of return are clearly circumscribed, not only by the Regulation on the European Border and Coast Guard and the Charter of Fundamental Rights of the EU, but also by crucial substantive and procedural safeguards contained in the Return Directive. Secondly, the article proposes a number of changes to current remedies against executive action of Frontex, in particular with regard to evidentiary requirements and the qualification of the EU conduct amenable to review. It argues that Article 47 of Charter, as interpreted by the Court of Justice itself, puts that same court under a clear and unequivocal obligation to adapt its own procedures accordingly in order to protect the very core of the right to effective judicial protection, namely access to courts.
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Zheleznov, Gleb Sergeevich. "APPLICATION OF QUALITY MANAGEMENT TOOLS TO IMPROVE THE WORK OF THE SBERMARKET." Chronos 7, no. 11(73) (December 13, 2022): 162–64. http://dx.doi.org/10.52013/2658-7556-73-11-47.
Повний текст джерелаАнотація:
This article discusses an example of the use of quality management tools in the process of the activity of the grocery retailer SberMarket. To assess the quality of the order delivery process, a checklist, a Pareto chart and an alternative control card were developed. With the help of these tools, the main inconsistencies in the work of couriers were identified.
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Ma, Tehyun. "‘The common aim of the Allied Powers’: social policy and international legitimacy in wartime China, 1940–47." Journal of Global History 9, no. 2 (May 23, 2014): 254–75. http://dx.doi.org/10.1017/s1740022814000060.
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AbstractThis article examines why Western programmes of social security became a topic of interest for Chinese Nationalist (Guomindang) policy-makers during the early 1940s. It traces a generation of sociologists and civil servants, often trained abroad, who used wartime exigencies to make the case for New Deal-style reforms. While offering a route to professional advancement, social insurance was primarily intended to serve the needs of the government. Embedded in, and dependent on, the Anglo-American alliance, Nationalist party planners embraced the internationalist social agenda of the Atlantic Charter – advanced by institutions such as the International Labour Organization and the United Nations Relief and Rehabilitation Administration – to solidify their nation's status as an aspiring great power, and to legitimize to foreign sponsors their hold on the state. In this regard, fascination with the likes of the Beveridge Report and the Social Security Act was a performance, intended to show how China was in keeping with the spirit of the age.
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Dániel, Zoltán. "Involvement of Institutional Workers in the Defence Sector during the First wave of COVID-19 in Kőbánya, Budapest." Honvédorvos 76, no. 1-2 (2024): 36–47. http://dx.doi.org/10.29068/ho.2024.1-2.36-47.
Повний текст джерелаАнотація:
In the course of its measures to curb the spread of the epidemic, the government has decided to close numerous institutions or handed over the decision to the mayors in charge of defence. On 17 March 2020, following the decision of mayors in several districts, the local government of the capital decided to close the lockable playgrounds in addition to the educational institutions and draw parents’ attention to avoid using the playgrounds temporarily. In addition to implementing the decision, mayors had to do something to ensure the livelihoods of many institutional workers. In Kőbánya, this problem was remedied by involving institutional workers in defence. In this article, the author intends to present this process and its effects.
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Wesseling, Rein, and Marc Van Der Woude. "The Lawfulness and Acceptability of Enforcement of European Cartel Law." World Competition 35, Issue 4 (December 1, 2012): 573–98. http://dx.doi.org/10.54648/woco2012045.
Повний текст джерелаАнотація:
In 2011, the European Court of Human Rights and the Court of Justice of the European Union rendered two important judgments about the compatibility of an administrative system for the enforcement of competition rules with Article 6 of the European Convention on Human Rights and Article 47 of the Charter of Fundamental Rights of the European Union (Menarini and KME/Chalkor). Both jurisdictions consider that these systems meet the requirements imposed by these provisions, provided that the decisions taken by the administrative enforcement body are subject to independent judicial review. In a judgment issued in 2012, the EFTA Court provided further clarifications on the nature of the judicial review (Posten Norge). The present article concerns the intensity of this review. It is argued that the review should focus on the specific facts of the case and that the reviewing courts should be cautious when applying abstract concepts and presumptions.
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ANKERSMIT, Laurens. "Article 47 of the Charter precludes national procedural rules that allow decisions to be taken in environmental matters pending litigation on participation in that decision-making." European Journal of Risk Regulation 8, no. 2 (June 2017): 448–52. http://dx.doi.org/10.1017/err.2017.14.
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Sobański, Piotr. "THE CONCEPT OF “LANDISATION” OF POLAND. SELECTED ASPECTS." Journal of International Legal Communication 1 (June 29, 2021): 47–54. http://dx.doi.org/10.32612/uw.27201643.2021.1.pp.47-54.
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The article analyzes the issues related to the possibility of leading to the landisation of Poland. The landisation should be understood as the process of transformation of Poland into a federal state. The Republic of Poland is a unitary state. The territorial system of the Republic of Poland ensures the decentralization of public authority, which should not be seen as a possibility of introducing a federal system. The provisions on local selfgovernment existing in Poland are fully compliant with the European Charter of Local SelfGovernment.
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Jarukaitis, Irmantas. "The European Union as a Community of Values: the Importance of the Dialogue between the Court of Justice of the European Union and National Courts." Teisė 131 (August 29, 2024): 23–43. http://dx.doi.org/10.15388/teise.2024.131.2.
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The article deals with the gradual development of the EU as a community of values and the role of the CJEU and national courts in upholding and developing these values. The analysis of judicial practice reveals the crucial role performed by national courts and the CJEU in protecting the fundamental rights and the principle of the rule of law both at the EU and national levels. On the one hand, „upstream“, national courts act as guardians of the fundamental values at the EU level by referring questions to the CJEU concerning the interpretation of the Charter and the legality of the secondary EU legislation vis-à-vis the Charter, thus contributing to the functioning of a decentralised constitutional control of EU legislation and stabilising the EU level of governance. On the other hand, “downstream”, recent developments of the CJEU jurisprudence interpreting Article 19 of the Treaty on the European Union confirm the thesis that the CJEU treats national courts as European courts that are cornerstones of the decentralised EU judicial system. The CJEU practice shows that differently from Article 47 of the Charter, Article 19 of the TEU is perceived not as providing protection of individual rights but rather as a systemic and permanent guarantee of judicial independence as a part of a fundamental value of the Union, thus aiming at stabilisation of national judicial systems and assuring the effectiveness of protection of the rights stemming from EU law at the national level.
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Bonelli, Matteo. "Effective Judicial Protection in EU Law: an Evolving Principle of a Constitutional Nature." Review of European Administrative Law 12, no. 2 (December 31, 2019): 35–62. http://dx.doi.org/10.7590/187479819x15840066091240.
Повний текст джерелаАнотація:
Effective judicial protection emerged as a EU law principle in the 1980s, operating alongside the Rewe principles of equivalence and effectiveness as a standard to assess national procedures for the enforcement of EU law. This article argues that the codification of effective judicial protection in Article 19 TEU and 47 of the Charter, operated by the Lisbon Treaty, has stimulated an evolution of the principle, which is evident in the recent case law of the Court of Justice. Today, effective judicial protection operates not only as a procedural principle, but also as a more substantive and structural one, and has generally acquired broader constitutional relevance. This evolution has crucial effects on the EU legal order: most importantly, it affects the division of competences between Member States and the EU, and between the Court of Justice and national courts.
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Reneman, Marcelle. "Expulsion of EU Citizens on the Basis of Secret Information: Article 47 of the EU Charter on Fundamental Rights Requires Disclosure of the Essence of the Case." Review of European Administrative Law 7, no. 1 (June 1, 2014): 69–79. http://dx.doi.org/10.7590/187479814x14005849344739.
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Parewyck, Janvier. "'Schrems II' Judgment C-311/18: Application of Charter Rights to Data Protection and Effective Remedy Beyond Eu Borders - A State of Play and a Critical Reflection Two Years Later." Review of European Administrative Law 16, no. 1 (May 9, 2023): 87–102. http://dx.doi.org/10.7590/187479823x16800083010365.
Повний текст джерелаАнотація:
In its Schrems II judgment,1 the Grand Chamber of the Court ruled that the United States law and practices, notably bulk-interception programmes, were not providing a level of protection of personal data essentially equivalent to the protection conferred by the EU Charter of Fundamental Rights and, therefore, invalidated the Privacy Shield for violating Articles 7 and 8 of the Charter. Since, in addition, there is no effective remedy available to data subjects protected by the GDPR, the Court held that the Privacy Shield also violated Article 47 of the Charter. The Court, nevertheless, left the standard data protection clauses as one of the transfer tools available to data exporters, with the understanding that it is up to the data exporter to implement the additional safeguards necessary to compensate for any shortcomings in the third country and achieve an essentially equivalent level of protection. While the judgment provides, to some extent, clear guidance on the application of EU law and maps out a coherent regime as to how data can be transferred, this article reflects on some aspects that remain problematic in practice, both for data exporters in general and for the original complainant in the Schrems litigation in particular.2The 'risk-based approach' and its recognition are discussed, revealing that ultimately the law, and the Court's judgment, do not seem to allow for certainty in this matter and require the stakeholders to take a position in their respective situations, choosing between a strict or stretched interpretation.
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Adminqaumiyyah, Adminqaumiyyah. "MANHAJ IJTIHAD PADA ASPEK POLITIK." Qaumiyyah: Jurnal Hukum Tata Negara 1, no. 1 (June 30, 2020): 17–33. http://dx.doi.org/10.24239/qaumiyyah.v1i1.2.
Повний текст джерелаАнотація:
This article discusses the application of the manhaj or the ijtihad method to the political aspects of the state. The focus of the problem is, can ijtihad be applied to the political aspects of the state, not only to the aspects of fiqh or religious law? Some Muslims still understand that the position of ijtihad is limited to the aspect of fiqh alone. for example, matters of the law of religious observances, marriage and other social institutions). During the period of the Prophet Muhammad, when he moved to Medina, the Prophet made a political commitment as a nation and state involving various ethnic, ethnic and religious layers in Medina. This political commitment is called Shahifah Madinah or Watsiqah Madinah (Medina charter), which consists of 47 articles as the basis for living together with the nation and state. Until now, in a very modern world, the Medina Charter is still considered the most modern political monumental ijtihad ever practiced by the Prophet Muhammad. Based on the above thought background, ijtihad can be used as a method of approach in formulating the concepts of state politics.
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Barents, René. "EU procedural law and effective legal protection." Common Market Law Review 51, Issue 5 (October 1, 2014): 1437–61. http://dx.doi.org/10.54648/cola2014112.
Повний текст джерелаАнотація:
The procedures in direct actions before the three courts of the European Union are governed by strict rules, laid down in the Statute of the CJEU and the Rules of Procedure of the CJ, the GC and the CST, on the subject-matter of the dispute, the forms of order sought and the pleas supporting the action. In this article the system of pleas and its consequences for the function of the Union judicature and the position of the parties in the proceedings before the Union Courts are examined. Due to this system, EU procedural law is featured by a rather strong orientation towards objective legality review. The central question is this contribution is whether the proceedings in direct actions are still fully appropriate in the light of the fundamental right to an effective remedy and to a fair trial as required by Article 47 Charter of Fundamental Rights.
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Engel, Annegret. "Only Fair? The Right To A Fair Trial Challenged In Case C-420/20 HN (Procès d’un Accusé Éloigné du Territoire)." Nordic Journal of European Law 6, no. 1 (February 27, 2023): 93–99. http://dx.doi.org/10.36969/njel.v6i1.25083.
Повний текст джерелаАнотація:
The right to a fair trial forms an integral part of the rule of law in the EU and is enshrined in Article 47 of the EU Charter of Fundamental Rights. It provides that 'Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law.' Everyone shall have the possibility of being advised, defended and represented. Further details, particularly on the right to be present as an essential element of the right to a fair trial, can be found in EU secondary legislation, such as Directive 2016/343.This came under scrutiny in the course of the criminal proceedings against HN.
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Inghelram, Jan F. H. "Judicial review of investigative acts of the European anti-fraud office (OLAF): A search for a balance." Common Market Law Review 49, Issue 2 (April 1, 2012): 601–27. http://dx.doi.org/10.54648/cola2012021.
Повний текст джерелаАнотація:
Considering OLAF's far-reaching investigation powers, the article deals with the question what role judicial review can or should play in effectively protecting the fundamental rights of persons under investigation by OLAF. The article gives an overview of the different kinds of judicial review which are relevant in this respect, including interim relief. It also includes considerations on the possible contribution of the fundamental right to an effective remedy (Art. 47 of the Charter of Fundamental Rights of the EU) to the debate on judicial review of OLAF investigative acts. The article focuses in particular on the case law on the inadmissibility of actions for annulment against OLAF investigative acts. This case law is based on the view that such acts do not to bring about a distinct change in the legal position of the applicant. In the article, it is proposed that an action for annulment could be considered admissible against an OLAF investigative act if such an act is shown to have deprived the applicant of the effective exercise, or of the benefit, of a fundamental right, thus opening a review limited to examining the compatibility of that specific act with fundamental rights.
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Gómez del Prado, José L. "Whether the Criteria Contained in the 1989 International Convention against the Recruitment, Use, Financing and Training of Mercenaries Notably Motivation Apply to Today’s Foreign Fighters?" International Community Law Review 18, no. 5 (December 8, 2016): 400–417. http://dx.doi.org/10.1163/18719732-12341339.
Повний текст джерелаАнотація:
To protect the right of peoples to self-determination enshrined in its Charter, the United Nations adopted instruments to fight against mercenary activities and the crime of mercenarism. These actions were developed within the context of Jus ad bellum or the prerequisites, established in the un Charter, under which States may resort to the use of armed force. In 1991, un abandoned the recommendation made by the International Law Commission to maintain the crime of mercenarism in the code of crimes against the peace and the security of mankind. Instead, un adopted the 1989 Convention which definition of mercenary based on Article 47 of Additional Protocol i under jus in bello, sets out a number of prerequisites revolving around the foreign character of the mercenary and his motivation. Such conditions are at the origin of the difficulties to apply the 1989 Convention that has proved unworkable to deal with the phenomenon of mercenarism.
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Drake, Sara. "Article 47 of the EU Charter and Effective Judicial Protection, Volume 1: The Court of Justice’s Perspective, by Matteo Bonelli, Mariolina Eliantonio and Giulia Gentile. (Oxford: Hart Publishing, 2022)." Common Market Law Review 61, Issue 4 (August 1, 2024): 1145–48. http://dx.doi.org/10.54648/cola2024073.
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YAVARI, Asadollah, and Saeedeh MAZINANIAN. "Privacy in Cyberspace: Islamic Republic of Iran Perspective." Journal of Advanced Research in Law and Economics 11, no. 1 (March 31, 2020): 208. http://dx.doi.org/10.14505//jarle.v11.1(47).25.
Повний текст джерелаАнотація:
Privacy is one of the cornerstones of the realization of human rights in a democratic system and is defined as a realm of everyone's life, is not accessible to others. Thus, privacy in cyberspace has a similar definition. Since privacy and data protection have different definitions for business owners, governments, and the general public, unlike other areas of law, which have well-established legal concepts, norms, and principles, privacy and data protection is an area of law that is not currently consolidated. The right to privacy, therefore, falls into two normative frameworks: preventing violation of the privacy of others, and training and guidance on secrecy. Data protection and privacy are not limited to one legal area. Data protection and privacy laws include areas of intellectual property, competition, and part of cybercrime. Since the level of individuals' privacy is determined by the national laws of each country or political entities such as the European Court of Human Rights (ECtHR) and the European Court of Justice, through the EU's General Data Protection Regulations applicable since 2018, the European Union (EU) has set criteria that will have a major impact on data protection and privacy laws in other countries. Furthermore, as privacy is one of the strongest recommendations of Islam, the law of cybercrime (2009), the law of freedom to access to information (2010), the charter of citizens' rights (2016) is supported in the positive laws of the Islamic Republic of Iran as well as in the constitution. The most important question in this article is what is the scope of privacy in cyberspace and to what extent do laws and regulations support it? Therefore, this descriptive-analytical study analyzes the concept of privacy and the scope of its right in the laws and regulations of the Islamic Republic of Iran and the challenges that the right of privacy faces.
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Coulibaly, Yacouba M., Mamadou Gustave Traore, and Fousseyni Doumbia. "LA PROBLEMATIQUE DE L’APPLICATION DE LA CHARTE AFRICAINE DES DROITS ET DU BIEN-ETRE DE L’ENFANT DANS L’ORDRE JURIDIQUE INTERNE." Kurukan Fuga 2, no. 8 (December 31, 2023): 103–17. http://dx.doi.org/10.62197/hryl4732.
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Cet article fait une analyse de la problématique de l’application de la charte africaine des droits et du bien-être de l’enfant dans l’ordre juridique interne. La question principale est de savoir quels sont les obstacles auxquels les juges nationaux sont confrontés à faire l’application de ladite charte ? L’objectif de cette étude est d’examiner les différents obstacles dans l’application de la charte. La méthodologie consiste à faire la description des dispositions de la charte et des textes nationaux. Les résultats obtenus nous permettent de constater certaines contradictions entre les textes nationaux et la charte. Il y a aussi la réticence des juges nationaux à faire application des dispositions de la charte.
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Dilenko, Viktor, and Kateryna Koeva. "MATHEMATICAL MODELING OF THE RATIONAL CHOICE OF THE SIMPLEST MECHANISMS OF ECONOMIC INTEGRATION." Scientific Notes of Ostroh Academy National University, "Economics" Series 1, no. 19(47) (December 17, 2020): 111–18. http://dx.doi.org/10.25264/2311-5149-2020-19(47)-111-118.
Повний текст джерелаАнотація:
The article concerns a certain economic and mathematical approach to the rational choice problem analysis of economic systems integration mechanisms. It is believed that the essence of integration lies in rearrangement of derived net product between the systems for their development, and the means of mentioned rearrangement determine the possible integration mechanisms of relevant economic systems. The mathematical model of two economic systems integration is built to analyse the processes of economies confunction in view of different mechanisms of their integration. At the model’s core are the elements of the well-known model of Solow economic dynamics, describing its production constituent. The model made of two differential equations systems reflecting the evolution of fixed production assets of consolidated economic systems with various mechanisms of their integration. Within the framework of the developed model is proposed an approach for rational choice of economic integration mechanisms, which relies on constructing and analyzing charts of the optimal ways of the examined economic systems confunction. There the domains of selected options of economic systems development model are represented, for which the best is an appropriate mechanism of their integration. This article presents the examples of constructing and analyzing both separate charts of the optimal integration mechanisms of economic systems and their certain sequence. It reflects the transformation processes of the corresponding areas of charts under the influence of some internal and external factors. As such factors were considered the criterion of the integration mechanism choice and the intensity of the scientific and technological progress impact. The latter comprises a kinetic component which was introduced into the constructed model and is responsible for the influence of autonomous scientific and technological progress on the development of investigated economic systems.
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Kurowski, Witold. "Glosa do wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 12 lutego 2015 r. w sprawie Sähköalojen ammattiliitto ry c/a Elektrobudowa Spółka Akcyjna (C‑396/13)." Problemy Prawa Prywatnego Międzynarodowego 24 (June 30, 2019): 191–209. http://dx.doi.org/10.31261/pppm.2019.24.08.
Повний текст джерелаАнотація:
This paper aims to comment an important ruling concerning the Posted Workers Directive (Directive 96/71/EC). In the judgement C-396/13 (Sähköalojen ammattiliitto ry v. Elektrobudowa Spółka Akcyjna), the European Court of Justice providedits pro-worker’s interpretation of Art 3 of Directive 96/71/EC concerning the scope of the "minimum pay rate". The second issue raised by the European Court of Justice was the assignability of pay claims governed by Polish law based on Art 14 (2) of Rome I Regulation and prohibited under that law. In commented judgement, the Court admitted the assignment of claims arising from employment relationships in light of article 47 of the Charter of Fundamental Rights of the European Union and accepted the trade union’s right to represent the posted workers.
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LUNN, DAVID. "Across the Divide: Looking for the common ground of Hindustani." Modern Asian Studies 52, no. 6 (July 17, 2018): 2056–79. http://dx.doi.org/10.1017/s0026749x1600069x.
Повний текст джерелаАнотація:
AbstractThis article investigates some of the institutional and poetic practices around the idea of Hindustani in the period 1900–47. It charts the establishment of the Hindustani Academy in 1927 and explores some of its publishing activities as it attempted to make a positive institutional intervention in the Hindi–Urdu debate and cultural field more broadly. It then considers some aspects of poetic production in literary journals, including those associated with the Academy. Ultimately, it is an attempt to explore the grey areas that existed between Hindi/Hindu and Urdu/Muslim in the pre-Independence decades, and to make the case for studying the literature of both traditions simultaneously, along with emphasizing that attempts at compromise—including the perennially contested term ‘Hindustani’ itself—must be taken on their own terms.
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Krommendijk, Jasper. "Is there light on the horizon? The distinction between Rewe effectiveness and the principle of effective judicial protection in Article 47 of the Charter after Orizzonte." Common Market Law Review 53, Issue 5 (September 1, 2016): 1395–418. http://dx.doi.org/10.54648/cola2016120.
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Elfimov, Oleg, and Kristina Kudakova. "Entrepreneurship in the digital space: a view of modernity and development prospects." Economy under Guard 2022, no. 2 (July 6, 2022): 47–57. http://dx.doi.org/10.36511/2588-0071-2022-2-47-57.
Повний текст джерелаАнотація:
This article discusses the current state of the sector of small and medium-sized businesses, its impact on the country’s economy. The state of the sector of small and medium-sized businesses during the pandemic has been studied. In the course of the study, people of different age categories and professions were interviewed in order to determine the features of views according to the age of the respondent. Among the respondents, there are answers from registered entrepreneurs, whose opinions are of particular value. The answers of the respondents are presented in percentage terms in the charts that the author refers to in the course of writing this article. The respondents expressed their attitude to doing business, to the form of doing it - online or offline, and, among other things, to the issue of registering their business. Responses of interest to the ongoing study were received. The pros and cons of doing business as a registered business, as well as unregistered business, are indicated. Based on the opinion of respondents and on theoretical facts, the author predicted the future of entrepreneurship and the economy of the state as a whole, and also provided the best ways for the development of entrepreneurial activity in Russia.
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Grigoriev, Aleksey U., and Tatyana V. Ukraintseva. "THE FORMATION OF PRIMARY IGNITION SOURCES WITH IMPACTIVE EXPLOSIVES INITIATION." Bulletin of the Saint Petersburg State Institute of Technology (Technical University) 59 (2021): 47–50. http://dx.doi.org/10.36807/1998-9849-2021-59-85-47-50.
Повний текст джерелаАнотація:
In the article, an attempt was made to develop a theory of formation of primary decomposition sources in energy-saturated materials. Meanwhile, probabilistic values are used: relative speed of primary decomposition "sources" occurrence and the quantity of those sources. A special role in the initiation is given to the occurrence of so-called clusters of primary sources, which sizes exceed the critical one, which is determined by the charge size and the conditions of initiation. The proposed model defines the optimal initiation speed leading to guaranteed detonation excitation and becomes a prerequisite for blasting explosives probabilistic initiation theory development.
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Miskov, Ivan. "SEALS AND COATS OF ARMS OF MUKACHEVO IN THE RESEARCH OF OLEKSIY FILIPPOV." Scientific Herald of Uzhhorod University. Series: History, no. 2 (47) (December 20, 2022): 212–19. http://dx.doi.org/10.24144/2523-4498.2(47).2022.267657.
Повний текст джерелаАнотація:
In this article, the author tried to analyze and evaluate Oleksiy Filippov's research on the seal and coat of arms of the city of Mukachevo, which became his second homeland. Since 2002, he has been visiting the State Archives of the Transcarpathian Region in Berehovo weekly to find documents about Mukachevo's seals and coat of arms. The researcher was interested in the figure of St. Martin. He printed his first articles about the city coat of arms of Mukachevo in the local periodical press. He was one of the first to publish the charter of the Hungarian Queen Elizabeth, dated May 22, 1376. With this document, the settlers of the Munkach villa (Mukachevo) were granted the right to use a seal with the image of St. Martin. In researching the Mukachevo coat of arms, O. Filippov was interested in the following questions: 1. When exactly should the Day of Mukachevo be celebrated - from the time of issuing a seal with the image of St. Martin?; 2. What should Mukachevo's coat of arms be?; 3. What colour solution of this coat of arms? O. Filippov, while working as a journalist for the newspaper «Stariy Zamok,» tried to return the historical coat of arms of the city - St. Martin on a horse. Instead, his proposals were ignored, and as a result, Mukachevo today has a coat of arms with the figure of a priest but with the legend of St. Martin on a horse, next to which is a beggar (a sword and half a cloak in a shield held by a priest). According to O. Filippov, the day of the city should be celebrated on May 22. In 2012, as a result of long-term research, he published the work «Under the Cloak of St. Martin (History of the Coat of Arms of the City of Mukachevo 1376-1943». In this work, O. Filippov described 24 seals of the city of Mukachevo: 14 of them belong to the period of the Kingdom of Hungary, the Austrian and Austro-Hungarian Empires (1376, 1652, 1816, 1844, 1872, 1873, 1902 (6),1914, 1914 – 1916), 8 to the period of Subcarpathian Rus of the Czechoslovak Republic (1919, 1920, 1923 (2), 1925, 1928, 1929, 1933), 2 to the period of the Hungarian Kingdom (1938, 1943). O. Filippov planned further to study the seals and coat of arms of Mukachevo, but his premature death prevented this.
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Glukhova, Natalija V. "Method calculating of uncertainty in evaluating the detailing coeffi cients of wavelet-conversion of profi le brightness image." Metrologiya, no. 1 (2020): 28–47. http://dx.doi.org/10.32446/0132-4713.2020-1-28-47.
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The analysis of the relevance of the use of measurement methods based on obtaining visual data. The main problems that arise in automated image analysis systems in calculating the uncertainty of estimates of quantitative characteristics of images are identifi ed. Since modern methods of collecting and transforming visual data are characterized by great diversity, at the moment there are no general recommendations for calculating the uncertainty of estimates of their geometric and brightness parameters. The article is devoted to the development of a method for calculating uncertainty in evaluating the detailed coeffi cients of the wavelet transform, which is used in the automated analysis of images of gas-discharge radiation of water. The method based on recording gas-discharge radiation of water samples in an external pulsed electromagnetic fi eld was chosen to study the biological properties of water, since the formation of a gas discharge in the air gap between conductors directly depends on the presence of free charge carriers that can be simulated from the surface of the object under study. The number of free charge carriers determines the biological properties of water, since they affect the ability of drinking water to provide metabolic processes in living organisms by maintaining the normal course of redox reactions at the cellular level. To assess the biological properties of water and highlight the corresponding informative features of gas-discharge images, it is proposed to use the method of one-dimensional wavelet transform of the brightness profi le. A method for calculating the uncertainty in evaluating the detailed coeffi cients of the wavelet transform is considered. The proposed method for calculating the uncertainty is based on the results of repeated observations and allows us to estimate the uncertainty of the measurement results presented in the form of quantitative signs of images.
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Fenych, Volodymyr. "RECOGNITION OF THE MUKACHEVO DIOCESE BY THE CATHOLIC CHURCH OF THE GREEK RITE BY THE ROMAN THRONE (1655) AND THE KING OF HUNGARY (1659)." Scientific Herald of Uzhhorod University. Series: History, no. 2 (47) (December 20, 2022): 87–106. http://dx.doi.org/10.24144/2523-4498.2(47).2022.266858.
Повний текст джерелаАнотація:
In this research, the author tries to prove what at the time of the formation of the Uzhhorod Union in 1646, the Mukachevo Diocese had all the basic elements of the church sui iuris, which today determine the main constitutional collection – Codex of Canons of Eastern Churches: 1) community of formed believers; 2) an established hierarchy that united this community in a visible unity of faith thanks to the service of the word of God, St. Sacraments and church’s government; 3) particular norm of traditional customary law (ius) and after the return of 63 priests with their faithful to unity with the Catholic Church and the Roman throne, received 4) recognition by the highest authorities of the Church and the State. If the first three conditions existed already before 1646, then the realization of the fourth condition came after the Uzhhorod Union in 1648-1659. During this time, the Mukachevo Diocese was recognized by the local Catholic Church of the Greek rite by the highest authorities of the Church (by the Roman throne in 1655) and the State (by the king of Hungary in 1659). The difficulty of becoming recognized by the supreme government of the Church (by the Pope) and the State (by the Hungarian king) of the Mukachevo Union Diocese as an independent canonical substance explained by several circumstances: 1) the lack of a foundational royal charter on the foundation of the diocese (only the charter on the appointment of the Mukachevo bishop of Ruthenians Ioann from 1491 has been preserved); 2) by the sanctification in August 1651 as the Bishop of the uniate Basilian monk Parthenii (Peter Petrovych), elected by the majority of the priests of the Diocese, by the Transylvanian Orthodox Archbishop of Alba-Julia Stefan Simonovych; 3) due to the lack of an authentic document on the conclusion of the Uzhhorod Union on April 24, 1646 (has survived only the request letter of six archdeacons to the Pope from January 1652 about the appointment of Parthenii as bishop of Mukachevo Diocese and the act of oath of 63 priests on loyalty to Eger’s Latin bishop Georgiy Yakushych and his successors found only in 2015 in Preshov by historian Fr. Juraj Gradosh). This article states that among some part of Christians of the North-Eastern committees of Royal Hungary, between which Carpathian Ruthenians predominated, to a lesser extent – Serbs and Slovaks, who lived in the northwestern part of the Mukachevo Diocese (Ung, Zemplin, Sharish, and Spish committees) under the Habsburgs rule, as a result of the Uzhhorod Union, appeared an independent Ecclesia localis et particularis graeci ritus uniti.