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: 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: Paul Davies
Publisher: OUP Oxford
ISBN: 0191015253
Category : Law
Languages : en
Pages : 867
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Book Description
Corporate boards play a central role in corporate governance and are thus regulated in the corporate law and corporate governance codes of all industrialized countries. Yet while there is a common core of rules on the boards considerable differences remain. These differences depend partly on shareholder structure, partly on historical, political and social developments and especially employee representation on the board. More recently, in particular with the rise of the international corporate governance code movement, there is a clear tendency towards convergence, at least in terms of the formal provisions of the codes. This book analyses the corporate boards, their regulation in law and codes and their actual functioning in ten European countries (Belgium, France, Germany, Italy, the Netherlands, Poland, Spain, Sweden, Switzerland and the United Kingdom). It offers the most up to date practical and analytical information on boards in Europe by leading company law experts. The issues addressed include: board structure, composition and functioning (one tier v. two tier, independent directors, expertise and diversity, separating the chair and the CEO functions, information streams, committees, voting and employee representation); enforcement by liability rules (in particular conflicts of interest), incentive structures (remuneration) and shareholder activism.
Author: Federico Della Negra
Publisher: Bloomsbury Publishing
ISBN: 1509925317
Category : Law
Languages : en
Pages : 290
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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: Francesco Berlingieri
Publisher: CRC Press
ISBN: 1317750594
Category : Law
Languages : en
Pages : 487
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Book Description
For the first time, this unique text brings together all private international maritime law conventions alongside expert commentary and analysis. Truly global in approach, the book covers each of the nineteen conventions currently in force, all scrutinised by this internationally-acclaimed author. It also examines important maritime conventions not yet in force, including the topical Rotterdam Rules. Split into three convenient volumes, this comprehensive resource provides a thorough treatment of both wet and dry shipping treaties, combining breadth of coverage with depth of analysis. In this first volume, the author covers conventions dealing with the Carriage of Goods and Passengers by Sea, in particular: - International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, 1924 and its Protocol of 1968 and 1979 (Hague-Visby Rules) - United Nations Convention on the Carriage of Goods by Sea, 1978 (Hamburg Rules) - United Nations Convention on the International Carriage of Goods wholly or Partly by Sea, 2008 (Rotterdam Rules) - Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974 as amended by its Protocol of 2002 (Athens Convention) This book is an indispensable reference for maritime lawyers, academics and students of maritime law worldwide.
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.
Author: Pranvera Këllezi
Publisher: Springer
ISBN: 3642540007
Category : Law
Languages : en
Pages : 465
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Book Description
This publication provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition laws with regard to a number of key countries. The first part of the book examines whether small and middle-sized businesses could or should be subject to specific competition rules. These businesses account for 99% of the enterprises in Europe and the United States, making this a particularly important topic. The papers consider both the public and private enforcement rules across a range of jurisdictions and a detailed international report, prepared by Michele Carpagnano, identifies general trends and highlights differences and the most interesting features of national regulations. The second part of the book gathers contributions from various jurisdictions on the unfair competition question of whether a company could or should be protected against the use of their trademark, distinctive signs and other components of their image and identity on the part of non-competing companies. The papers focus on the fundamental issue of the competitive relationship as a condition of protection under unfair competition acts and the connection to intellectual property protection. The comprehensive and insightful international report, prepared by Martine Karsenty-Ricard, brings together these reflections by comparing various national positions. The book also includes the resolutions passed by the General Assembly of the LIDC following a debate on each of these topics, which include proposed solutions and recommendations. The International League of Competition Law (LIDC) is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
