The Effectiveness of the Köbler Liability in National Courts PDF Download
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Author: Zsófia Varga
Publisher: Bloomsbury Publishing
ISBN: 1509939202
Category : Law
Languages : en
Pages : 312
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Book Description
Over the last 15 years, Köbler liability has resulted in the allocation of damages on only five occasions. Why is that? And what are the practical implications of the Köbler judgment in the Member States? This book offers a unique analysis of the principle – not from the usual EU-focused point of view but from the view of the practical Member State – and thus follows the track set by earlier books in the 'EU Law in the Member States' series. It thoroughly examines the national jurisprudential and legislative acceptation of the state liability principle and explores the existence of alternative remedies available in the Member States in case of such breaches. The conclusions, based on a systematic assessment of 300 national judgments from the 28 Member States, lead to a reconsideration of the role of the Köbler doctrine in the system of judicial remedies against violation of EU law by national supreme courts. After the pronouncement of the ECJ judgment in Köbler, legal scholars and practitioners have forecast the eradication of the principle of res judicata and the endangering of judicial independence. The judgment caused a lot of ink to flow; according to the ECJ's records, at least 100 studies are directly devoted to the analysis of this decision. This book is, however, the first to offer a comprehensive analysis on the genuine life of the Köbler liability in the Member States.
Author: Zsófia Varga
Publisher: Bloomsbury Publishing
ISBN: 1509939202
Category : Law
Languages : en
Pages : 312
Get Book Here
Book Description
Over the last 15 years, Köbler liability has resulted in the allocation of damages on only five occasions. Why is that? And what are the practical implications of the Köbler judgment in the Member States? This book offers a unique analysis of the principle – not from the usual EU-focused point of view but from the view of the practical Member State – and thus follows the track set by earlier books in the 'EU Law in the Member States' series. It thoroughly examines the national jurisprudential and legislative acceptation of the state liability principle and explores the existence of alternative remedies available in the Member States in case of such breaches. The conclusions, based on a systematic assessment of 300 national judgments from the 28 Member States, lead to a reconsideration of the role of the Köbler doctrine in the system of judicial remedies against violation of EU law by national supreme courts. After the pronouncement of the ECJ judgment in Köbler, legal scholars and practitioners have forecast the eradication of the principle of res judicata and the endangering of judicial independence. The judgment caused a lot of ink to flow; according to the ECJ's records, at least 100 studies are directly devoted to the analysis of this decision. This book is, however, the first to offer a comprehensive analysis on the genuine life of the Köbler liability in the Member States.
Author: Wilfried Smidt
Publisher: Routledge
ISBN: 1000049027
Category : Education
Languages : en
Pages : 127
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Book Description
How children’s development is shaped by Early Childhood Education and Care (ECEC) classrooms and especially by teacher–child interactions in those settings is a major issue in research and politics, which has been researched for several decades. This book investigates this important topic by raising three overarching questions: (1) What are ‘good’ teacher–child interactions and how they can be measured? (2) Which individual and/or contextual aspects are associated with teacher–child interactions? (3) What is the impact of teacher–child interactions on the development of children's competencies? The book ties in these fundamental questions with educational research by bringing together international studies from interdisciplinary backgrounds and presenting current research on the characteristics, predictivity, dependency, and methodological issues of teacher–child interactions in ECEC classrooms. The considered studies conducted in Australia, Austria, Finland, Germany, Greece and Portugal each aim to enrich the scientific discourse and provide fruitful implications for policy and practice. This book was originally published as a special issue of the Research Papers in Education journal.
Author: Clarissa Sorrentino
Publisher: Armando Editore
ISBN: 8869929493
Category : Business & Economics
Languages : en
Pages : 147
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Book Description
“Forty-three years ago the Italian parliament passed a law (law 517 of 1977) that would have boasted Italy for the role of leading country in the area of inclusion. With that choice, Italy accepted to open up to diversity, to embrace it, to work with and for it, questioning the pedagogical community on what were the best practices to face this educational and social challenge. A choice that today bears fruit, in a context where diversity is normal (Canevaro, 2007, Ianes, 2006). A choice that we must defend in the name of all children and their right to education. The present book develops within this framework and is characterized by the desire to give voice to another nuance of diversity, often mistakenly considered as “good difference” and as such, not in need of targeted interventions: the Giftedness.”
Author: Emily J. Kirk
Publisher: Rowman & Littlefield
ISBN: 1793651329
Category : Language Arts & Disciplines
Languages : en
Pages : 259
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Book Description
As a result of climate change, ocean temperatures are warming and sea levels are rising. Natural disasters have been increasing in frequency and ferocity. Yet, over six decades, Cuba has developed a world-leading model for disaster preparedness and risk reduction. Disaster Preparedness and Climate Change in Cuba: Management and Adaptation discusses the island’s ongoing resilience against the impacts of climate change. Its commitment to disaster preparedness and management are lauded by international bodies, such as the United Nations and World Health Organization, and by governments from across the globe. Comprised of research from leading scholars, policy makers, and activists, this comprehensive, multidisciplinary analysis of Cuba’s model explores why Cuba’s approach to emergency disaster response is such a success and the aspects that make it so distinct, while also informing readers about the much-needed improvement of international approaches and policies. Scholars of communication, environmental studies, and Latin American studies will find this book particularly interesting.
Author: Paul Lyndon Davies
Publisher:
ISBN: 0198705158
Category : Business & Economics
Languages : en
Pages : 867
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Book Description
This book analyses corporate boards; their regulation in law and codes, and their actual operation in ten European countries in a functional and comparative method. Issues addressed include: board structure, composition and functioning, enforcement by liability rules, incentive structures and shareholder activism.
Author: Marques, Rui Pedro
Publisher: IGI Global
ISBN: 1522573577
Category : Business & Economics
Languages : en
Pages : 404
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Book Description
Auditing is constantly and quickly changing due to the continuous evolution of information and communication technologies. As the auditing process is forced to adapt to these changes, issues have arisen that lead to a decrease in the auditing effectiveness and efficiency, leading to a greater dissatisfaction among users. More research is needed to provide effective management and mitigation of the risk associated to organizational transactions and to assign a more reliable and accurate character to the execution of business transactions and processes. Organizational Auditing and Assurance in the Digital Age is an essential reference source that discusses challenges, identifies opportunities, and presents solutions in relation to issues in auditing, information systems auditing, and assurance services and provides best practices for ensuring accountability, accuracy, and transparency. Featuring research on topics such as forensic auditing, financial services, and corporate governance, this book is ideally designed for internal and external auditors, assurance providers, managers, risk managers, academicians, professionals, and students.
Author: Catarina Bastos Neves
Publisher: Vida Economica Editorial
ISBN: 9897681272
Category : Business & Economics
Languages : en
Pages : 297
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Book Description
Com as alterações introduzidas pela Portaria n.º 271/2014, de 23 de dezembro, que aprovou os novos modelos de impressos relativos à Folha de Rosto e Anexos A, B, C, D e I. Inclui orientações para o preenchimento da Folha de Rosto e Anexos A, B, C, D, E, G, H, I, L, M, N, O, P e Q e exercícios resolvidos que simplificam a interpretação dos formulários. Esta edição de 2015 é um manual respeitante aos vários anexos que integram a IES/DA e que vem consolidar e complementar o trabalho anterior com novas orientações, de modo a apresentar um guia completo para o preenchimento da Folha de Rosto e Anexos A, B, C, D, E, G, H, I, L, M, N, O, P e Q. O Manual de preenchimento da IES/DA inclui agora notas explicativas para o correto preenchimento dos novos impressos, aprovados pela Portaria n.º 271/2014, de 23 de dezembro (Folha de Rosto e Anexos A, B, C, D e I), mas também para o preenchimento dos restantes anexos da declaração, mesmo não tendo sido alvo de atualização. Contém ainda um breve enquadramento fiscal, em sede de Imposto sobre o Rendimento das Pessoas Coletivas, das entidades que não exercem a título principal uma atividade comercial, industrial ou agrícola, dos não residentes sem estabelecimento estável, bem como das entidades sujeitas ao regime da transparência fiscal, entidades que se encontram obrigadas à entrega dos Anexos D, E e G, respetivamente. Inclui 8 exercícios resolvidos que simplificam a interpretação dos formulários e 18 quadros.
Author: Federico Della Negra
Publisher: Bloomsbury Publishing
ISBN: 1509925317
Category : Law
Languages : en
Pages : 277
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Book Description
In the wake of the global financial crisis, investors have suffered significant losses as a result of breaches of conduct of business rules in the distribution of financial instruments. MiFID II introduced new disclosure, distribution and product governance rules to strengthen the protection of investors but, like MiFID I, did not harmonise the civil law consequences for their violation. This book asks whether, in spite of the silence of the EU legislators, the MiFID II conduct of business rules may produce civil law effects, enabling investors to enforce them against investment firms before national courts and alternative dispute resolution (ADR) mechanisms. Building on the case law of the CJEU, the book shows the conditions under which the breach of MiFID II conduct of business rules should give rise to a private law remedy, and what remedies would be compatible with EU law. MiFID II and Private Law is an essential contribution to academic research in EU and financial law and will be a key text for policy-makers and legal practitioners working in the field of investor protection regulation and mis-selling litigation.
Author: Cornelius Van Der Merwe
Publisher: Cambridge University Press
ISBN: 1316241130
Category : Law
Languages : en
Pages : 691
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Book Description
This is the first comprehensive comparative treatment of condominium (apartment ownership, commonhold, horizontal property) law in 21 European jurisdictions. This book explores the genesis of condominium law in Europe and in each of the jurisdictions represented and the use made of the condominium format to structure residential, commercial, industrial and tourist condominiums. It examines the establishment of condominiums, basic condominium concepts and the role by-laws play in establishing harmony in a condominium. Included are ten case studies, which illustrate a variety of factual scenarios and focus on providing legal solutions to practical cases. The scenarios include, amongst others, the legal consequences of a sale of apartments from building plans; restrictions on the sale and letting of apartments; the keeping of pets and the conduct of a profession (such as a medical practice) in an apartment; the sanctions against defaulters of contributions; and the requirements for undertaking maintenance and improvements.
Author: Federica Giovanella
Publisher: Edward Elgar Publishing
ISBN: 1785369369
Category : Conflict of laws
Languages : en
Pages : 359
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Book Description
Federica Giovanella examines the on-going conflict between copyright and informational privacy rights within the judicial system in this timely and intriguing book.
