Suchergebnisse

Increasingly dangerous, and internationally distributed, (organized) crime has caused the need for states to find adequate means to put an end to all this. Of course, today, as many years before, we can hear that criminals are "one step ahead of the state." That, when we look at the situation around us, is unfortunately not far from the truth. However, faced with this problem, states at the normative level, in order to anticipate criminal behavior, as well as, if the crime has already been committed, to reliably identify the perpetrators, stipulate (besides general evidentiary actions) special evidentiary actions/techniques in national legislation. That is quite legitimate. However, when the state prescribes certain rules, or conditions under which certain (evidentiary) actions must be taken, then it is more than unusual that state does not respect what it has prescribed. In the following lines, we were dealing with special evidentiary actions, predominantly the general characteristics of the same and in connection with them the practice of the ECtHR. All this with the aim of trying to present (from our point of view) a plausible practice, with the hope that we will break with the previous one, which in our opinion is not good.

As is well known, in order for the preliminary reference procedure to function properly, national courts must have both the cognitive and the political ability to engage in a judicial dialogue with the Court of Justice. The Court of Justice itself must be able to – at least sufficiently – understand the factual background and the legal issues (and possible the broader legal and political background) of the question posed. In this Article, we discuss a case study, which shows that a number of procedural variables – often outside the control of the referring court – can come in the way of a fully functional preliminary reference mechanism. The Article examines two preliminary questions (from Italy and the Netherlands), by focusing specifically on the reasoning of both national referring courts, and the answers given to both courts by the Court of Justice, in order to assess whether and to which extent the Italian court has grounds to consider that its questions have not been properly answered. Ultimately, the contribution will attempt at teasing out, from this case study, a number of challenges posed to the correct functioning of the preliminary ruling procedure.

Argues that in the face of the reinvigoration of a conservative revolution that claims as its basis reason, science, & progress while it allows the market to function in actuality according the law of the strongest, a "reasoned utopianism" based on reliable scientific testing must be collectively pursued in order to challenge the "bankers' fatalism" that has captured Europe. Realistic efforts to change institutions, relationships, & policies that contribute to the economic & social misery of peoples' lives must be directly confronted in the project of reasoned utopianism. The final objective is to create a "really European Europe" independent from imperialisms that impinge on its collective & various national cultural productions & distributions. R. Rodriguez

AbstractEffective procedural arrangements allow courts to reconcile conflicting demands of timely justice and sound legal argument. In the context of the European Union, conflict between these demands emerged most acutely in the face of paralyzing delays in the preliminary reference procedure. It was partly solved by Article 99 of the Rules of Procedure. The provision allowed the European Court of Justice to dispose of repetitive and legally undemanding cases with a reasoned order in lieu of a judgment. This article analyses all published orders of the European Court of Justice to examine the use and the implications of Article 99 of the Rules of Procedure. It is the first article to do so. We find that the Court resorts to orders to save time and to halt repeated questions from the courts of a single Member State.

This article builds on the assumption that both the concept of subsidiarity and the concept of respect for national identities were introduced by the Maastricht Treaty to carry out the constitutional accommodation of national values and interests in the European legal order, permeating the parliamentary debates related to the ratification processes. Against this backdrop, this article analyses the use of Article 4(2) TEU – requiring the EU to respect Member States' national identities – in some national parliaments' reasoned opinions scrutinizing the compliance of EU legislative proposals with the principle of subsidiarity. The aim is to assess if – and to what extent – national parliaments, as national actors exercising their monitoring functions, could reframe the subsidiarity inquiry from a 'comparative efficiency test' to a sort of 'non-encroachment (upon Member States) test' referring to the concept of respect for national identities.

The paper deals with two ordinances of the CGARS on the subject of vaccination obligation, retracing the events that first led to the preliminary order no. 38/2022 and then to the reasoned order for referral to the constitutional court.

In remanding Federal Energy Regulatory Commission (FERC) Order 436, the US. Court of Appeals for the District of Columbia Circuit did not require the FERC to issue a new policy on "take‐or‐pay" contracts between interstate pipelines and natural gas producers. The court asked only that the FERC meet the standard of "reasoned decision making." FERC Order 500, in proposing the mechanism of cross‐contract crediting to reformulate take‐or‐pay contracts, went far beyond the court's decision.Take‐or‐pay contracts are but one component of an interrelated set of long‐run commitments by both pipelines and gas producers upstream and downstream. The FERC's abrogating take‐or‐pay contracts would reverberate beyond the immediate consequences for pipelines and producers. Implementing Order 500 would change the conditions under which gas producers explore, develop, and extract. It would influence the terms of future lease and royalty contracts with owners of mineral rights, and it would have adverse consequences for end users of gas. Evidence exists that promulgating Order 500 increased spot gas prices. Most take‐or‐pay problems have been resolved through voluntary renegotiation by the parties. Nullifying the remaining contracts through regulation will not accomplish the pro‐competitive goals that have guided the FERC's natural gas policy during the 1980s.

Associated with representative democracy, voting in France is often seen through its results (abstention, blank vote, registration or non-registration on electoral lists, etc.), which suggests that the actual democratic would be characterized by the votes cast. For the citizen, the vote has a meaning that goes beyond the ritual of the ballot box. As a socio-psychological subject, he votes regarding fundamental issues in order to bring out solutions and construct himself through this historical action seen as a powerful, effective and useful. In order to understand the significance of voting as a political act expressed in many social actions, which are based on the psychological foundations of human action, we positioned ourselves upstream and downstream of the vote and considered the voting behavior relatively to knowledge, beliefs, normative, affective dimensions, in short, to the attitude that supports it.The general aim of our research is to specify the conditions that construct the voting behavior. ; Associé à la démocratie représentative, le vote en France est souvent observé à travers ses résultats (chiffre d'abstention, du vote blanc, inscription ou non inscription sur les listes électorales, etc.), ce qui laisse entendre que le fait démocratique serait caractérisé par les suffrages exprimés. Or, pour le citoyen le vote a un sens qui va au-delà du rituel des urnes. En tant que Sujet socio-psychologique, il vote en agissant autour d'enjeux fondamentaux dans le but de construire et de se construire par un acte puissant et utile en confirmant son histoire.Pour comprendre la signification du vote en tant qu'agir politique articulé à de nombreux agir (s) sociaux, eux-mêmes reposant sur des fondements psychologiques de l'agir humain, nous nous sommes positionnés en amont et en aval de la dynamique électorale et envisagé le comportement votant en fonction des connaissances, des croyances, des prédispositions normatives, affectives, bref, de l'attitude qui le sous-tend.La question générale de notre recherche est ...

Associated with representative democracy, voting in France is often seen through its results (abstention, blank vote, registration or non-registration on electoral lists, etc.), which suggests that the actual democratic would be characterized by the votes cast. For the citizen, the vote has a meaning that goes beyond the ritual of the ballot box. As a socio-psychological subject, he votes regarding fundamental issues in order to bring out solutions and construct himself through this historical action seen as a powerful, effective and useful. In order to understand the significance of voting as a political act expressed in many social actions, which are based on the psychological foundations of human action, we positioned ourselves upstream and downstream of the vote and considered the voting behavior relatively to knowledge, beliefs, normative, affective dimensions, in short, to the attitude that supports it.The general aim of our research is to specify the conditions that construct the voting behavior. ; Associé à la démocratie représentative, le vote en France est souvent observé à travers ses résultats (chiffre d'abstention, du vote blanc, inscription ou non inscription sur les listes électorales, etc.), ce qui laisse entendre que le fait démocratique serait caractérisé par les suffrages exprimés. Or, pour le citoyen le vote a un sens qui va au-delà du rituel des urnes. En tant que Sujet socio-psychologique, il vote en agissant autour d'enjeux fondamentaux dans le but de construire et de se construire par un acte puissant et utile en confirmant son histoire.Pour comprendre la signification du vote en tant qu'agir politique articulé à de nombreux agir (s) sociaux, eux-mêmes reposant sur des fondements psychologiques de l'agir humain, nous nous sommes positionnés en amont et en aval de la dynamique électorale et envisagé le comportement votant en fonction des connaissances, des croyances, des prédispositions normatives, affectives, bref, de l'attitude qui le sous-tend.La question générale de notre recherche est de décliner les conditions qui construisent le comportement votant.

AbstractTruth-subversion practices, which populist leaders utilize for political domination, are a significant source of current pressure on the Liberal International Order (LIO). Truth-subversion practices includefalse speak(flagrant lying to subvert the concept of facts),double speak(intentional internal contradictions in speech to erode reason), andflooding(the emission of many messages into the public domain to create confusion). Aiming to destroy liberal truth ideals and practices, truth subversion weakens epistemological security; that is, the experience of orderliness and safety that results from people's and institutions' shared understandings of their common-sense reality. It privileges baseless claims over fact-based opinions, thus creating communities of the like-minded between which communication becomes impossible. Truth subversion challenges the LIO's three key institutions: democracy, markets, and multilateralism. If truth-subversion practices prevail, societal polarization, inaccurate information, and emotional inflaming strain democracy and human rights protections. Markets that depend for their functioning on accurate information can falter, and multilateralism that relies on communication and reasoned consensus can decay. International relations (IR) scholarship has recognized knowledge production practices as a key feature underlying the LIO, but has not yet identified challenges to those practices as a threat for the LIO. We discuss what the discipline can do to alleviate its blind spots.

Purpose
– Given volatile markets, the ability to quickly act is fundamental for companies – in regard to the internal production and to external supply flows in the value network. Related flexibility and adaptability concepts are vague and contradictory. Managerial methods either imply a generic application level or a narrow focus. Thus, the purpose of this paper is to develop a three-step approach to facilitate a well-directed flexibility and adaptability design within a build-to-order context: context-specific operationalization, thorough segmentation using advanced logistic criteria and purposeful deduction of improvement means.


Design/methodology/approach
– Based on a thorough literature review, a procedural approach is developed and applied within two rigorously conducted company-cases. A triangulation setting is used within the empirical analysis.


Findings
– A company's capability to act appropriately, quickly and economically in the face of volatility can be remarkably advanced through context-specific analysis and well-reasoned segmentation. A respective approach to enhance flexibility and adaptability has to regard rational, emotional and cultural aspects.


Research limitations/implications
– The literature review is selective, not exhaustive. Two case studies cannot cover all thinkable aspects.


Practical implications
– The findings illustrate how flexibility and adaptability measures can be designed purposefully within a company-specific approach. Two potential directions of impact – uncertainty reduction and flexibility/adaptability improvement – are consolidated into significant criteria and applied to thoroughly classified areas in a feasible way.


Originality/value
– Current approaches do not apply a company-specific operationalization approach and are not based on segmentation or are using limited criteria. Besides, most approaches are neither designed for quick operationalization nor continuous application.