A sound fiscal policy could determine long-term development of a country. Developing countries normally pursue pro-cyclical fiscal policy while advanced ones have better conditions to adapt a more counter-cyclical one. In practice, a developing country may still succeed in implementing a counter-cyclical policy, and a pro-cyclical policy could result in a major failure even if it is executed by a developed country. Real situation in Vietnam uncovers that the country has not indentified a clear fiscal stance in the last 30 years; although government expenditure seems to be expansionary most of the time, and budget deficit high is even in good time period. Structural problems of the economy have recently emerged, manifisted in slowing economic growth, inflation volatility. It is potentially largely due to lack of a consistent fical policy. Implication is drawn that Vietnam should institutionalize a counter-cyclical fiscal policy.
{"title":"Counter-cyclical fiscal policy in Vietnam: theory, evidence and policy recommendation","authors":"Tran Dinh Thien, Chu Minh Hoi","doi":"10.21859/EULAWREV-08025","DOIUrl":"https://doi.org/10.21859/EULAWREV-08025","url":null,"abstract":"A sound fiscal policy could determine long-term development of a country. Developing countries normally pursue pro-cyclical fiscal policy while advanced ones have better conditions to adapt a more counter-cyclical one. In practice, a developing country may still succeed in implementing a counter-cyclical policy, and a pro-cyclical policy could result in a major failure even if it is executed by a developed country. Real situation in Vietnam uncovers that the country has not indentified a clear fiscal stance in the last 30 years; although government expenditure seems to be expansionary most of the time, and budget deficit high is even in good time period. Structural problems of the economy have recently emerged, manifisted in slowing economic growth, inflation volatility. It is potentially largely due to lack of a consistent fical policy. Implication is drawn that Vietnam should institutionalize a counter-cyclical fiscal policy.","PeriodicalId":45752,"journal":{"name":"European Law Review","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2016-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68496816","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
ater resources are increasingly a constraint on economic and social development in Egypt. Coping with the water scarcity in the North Western Coastal zone Basins (NWCB) requires good management for the flash floods. This requires an accurate estimation for the hazard degrees and flood risk. Multi Criteria Analysis (MCA) describes any structured approach used to determine overall preferences among alternative options, where the options accomplish certain or several objectives. The maximizing of water use in arid zones, like NWCB, is a highly important issue due to the damage, danger and other hazards associated to it to human life, properties, and environment. MCA techniques were tested and evaluated for the purpose of flash flood risk assessment, hydromorphological parameters for sample catchments in NWCB, were used in this analysis. Drainage network and watershed boundaries of NWCB shape file was created using TOPAZ (Topographic Parameterization) technique from the 90 m Digital Elevation Model (DEMs). These data are used in Watershed Modeling System (WMS) package to automatically delineate basin boundaries and define stream networks. Thirty four basins in NWCB were delineated for the study of the risk assessment of flash floods. Cluster analysis, depending on 10 estimated hydro-morphological parameters, classifies the NWCB into three groups. Ten chosen hydro-morphological parameters have their direct effect on flash flooding were used for estimating hazard scale depending on the MCA procedures. The proposed risk scale assumed category three for the high Weighted Standardized Risk Factor (WSRF) of five basins, while the category two (moderate WSRF) represents the middle sector of NWCB (19 basins). The class one represents 10 basins (low WSRF). Field measurements are highly recommended to verify the results of MCA procedure used in this paper.
{"title":"FLASH FLOOD RISK ASSESSMENT APPLYING MULTI-CRITERIA ANALYSIS FOR SOME NORTHWESTERN COASTAL BASINS, EGYPT","authors":"M. Gad, A. El-Shiekh, R. A. Khalifa, K. A. Ahmed","doi":"10.21859/EULAWREV-08024","DOIUrl":"https://doi.org/10.21859/EULAWREV-08024","url":null,"abstract":"ater resources are increasingly a constraint on economic and social development in Egypt. Coping with the water scarcity in the North Western Coastal zone Basins (NWCB) requires good management for the flash floods. This requires an accurate estimation for the hazard degrees and flood risk. Multi Criteria Analysis (MCA) describes any structured approach used to determine overall preferences among alternative options, where the options accomplish certain or several objectives. The maximizing of water use in arid zones, like NWCB, is a highly important issue due to the damage, danger and other hazards associated to it to human life, properties, and environment. MCA techniques were tested and evaluated for the purpose of flash flood risk assessment, hydromorphological parameters for sample catchments in NWCB, were used in this analysis. Drainage network and watershed boundaries of NWCB shape file was created using TOPAZ (Topographic Parameterization) technique from the 90 m Digital Elevation Model (DEMs). These data are used in Watershed Modeling System (WMS) package to automatically delineate basin boundaries and define stream networks. Thirty four basins in NWCB were delineated for the study of the risk assessment of flash floods. Cluster analysis, depending on 10 estimated hydro-morphological parameters, classifies the NWCB into three groups. Ten chosen hydro-morphological parameters have their direct effect on flash flooding were used for estimating hazard scale depending on the MCA procedures. The proposed risk scale assumed category three for the high Weighted Standardized Risk Factor (WSRF) of five basins, while the category two (moderate WSRF) represents the middle sector of NWCB (19 basins). The class one represents 10 basins (low WSRF). Field measurements are highly recommended to verify the results of MCA procedure used in this paper.","PeriodicalId":45752,"journal":{"name":"European Law Review","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2016-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68495783","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
his paper carried out an appraisal of instructional supervision and quality assurance in schools in Nigeria. It looked at the concepts of instructional supervision and quality assurance in schools, prerequisites, advantages, factors militating against desirable instructional supervisions and quality assurance and strategies for setting effective instructional supervision and quality assurance. The survey of the present standard in schools which was x-rayed showed that the instructional supervision and quality assurance in schools are loosing control despite the effort of the government in setting up the standard. This is due to inadequate funding, poor management of available resources, moral laxity among individuals within the system, inadequate instructional facilities, inadequate infrastructural facilities, indiscipline among students and staff, appointments and promotion of school administrators and teachers not based on merit etc. Despite all the problems, there is hope to bring the standard to globally and nationally desirable state. Based on the problems above, useful recommendations were made especially that the government should increase education funding; that there should be judicious and accountable utilization of available fund and decision should be taken to implement the application of 26% of Nigerian national income to education as recommended by UNESCO. KEY WORD: Instructional supervision, Quality, Assurance, Nigeria, Schools
{"title":"Instructional supervision and quality assurance in schools in Nigeria","authors":"C. J. Ifedili, Henry Ofa","doi":"10.21859/EULAWREV-08013","DOIUrl":"https://doi.org/10.21859/EULAWREV-08013","url":null,"abstract":"his paper carried out an appraisal of instructional supervision and quality assurance in schools in Nigeria. It looked at the concepts of instructional supervision and quality assurance in schools, prerequisites, advantages, factors militating against desirable instructional supervisions and quality assurance and strategies for setting effective instructional supervision and quality assurance. The survey of the present standard in schools which was x-rayed showed that the instructional supervision and quality assurance in schools are loosing control despite the effort of the government in setting up the standard. This is due to inadequate funding, poor management of available resources, moral laxity among individuals within the system, inadequate instructional facilities, inadequate infrastructural facilities, indiscipline among students and staff, appointments and promotion of school administrators and teachers not based on merit etc. Despite all the problems, there is hope to bring the standard to globally and nationally desirable state. Based on the problems above, useful recommendations were made especially that the government should increase education funding; that there should be judicious and accountable utilization of available fund and decision should be taken to implement the application of 26% of Nigerian national income to education as recommended by UNESCO. KEY WORD: Instructional supervision, Quality, Assurance, Nigeria, Schools","PeriodicalId":45752,"journal":{"name":"European Law Review","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2016-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68495909","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
he study investigated the organization and management of communities’ services in Nigerian universities which is one of the tripart activities of the university, following the attitudes of insensitivity among staff, students and graduates of various universities’ communities. The population of the study was all 27 federal Nigerian universities. A random sample of 6 federal Nigerian universities (22.22%) was used for the study. From each university, a stratified random sampling method was used to select 100 male and 100 female students and 50 male and 50 female staff to participate in the study. A total of 600 male and 600 female students and 300 male and 300 female staff participated in the study. The instrument used in gathering the data was the questionnaire designed by the researcher titled Management of Community Services Inventory (MCSI). The questionnaire was made up of two parts: Part A was based on respondents’ personal data while Part B contained 15 questions bothering on planning and organization of community services, willingness of both staff and students to render community services, barriers to effective community servicing, management‘s efforts to promote community services etc. The validity of the instrument was done by both experts in educational administration and educational psychology. Test-retest method was used to ascertain the reliability of the instrument. A Z-Test and common percent were the statistics used to analyze the data. The major finding was that there was poor organization and management of community services and students were very willing to participate. Based on the findings, the major recommendation was that various universities’ management should endeavor to make community services operative.
{"title":"Management of Nigerian Universities and Community Services","authors":"C. J. Ifedili, Chukwuemeka Ifedili","doi":"10.21859/EULAWREV-08012","DOIUrl":"https://doi.org/10.21859/EULAWREV-08012","url":null,"abstract":"he study investigated the organization and management of communities’ services in Nigerian universities which is one of the tripart activities of the university, following the attitudes of insensitivity among staff, students and graduates of various universities’ communities. The population of the study was all 27 federal Nigerian universities. A random sample of 6 federal Nigerian universities (22.22%) was used for the study. From each university, a stratified random sampling method was used to select 100 male and 100 female students and 50 male and 50 female staff to participate in the study. A total of 600 male and 600 female students and 300 male and 300 female staff participated in the study. The instrument used in gathering the data was the questionnaire designed by the researcher titled Management of Community Services Inventory (MCSI). The questionnaire was made up of two parts: Part A was based on respondents’ personal data while Part B contained 15 questions bothering on planning and organization of community services, willingness of both staff and students to render community services, barriers to effective community servicing, management‘s efforts to promote community services etc. The validity of the instrument was done by both experts in educational administration and educational psychology. Test-retest method was used to ascertain the reliability of the instrument. A Z-Test and common percent were the statistics used to analyze the data. The major finding was that there was poor organization and management of community services and students were very willing to participate. Based on the findings, the major recommendation was that various universities’ management should endeavor to make community services operative.","PeriodicalId":45752,"journal":{"name":"European Law Review","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2016-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68495870","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"ANALYSE DE LA DURABILITE DE LA COHESION SOCIALE DANS L’OUEST DE LA CÔTE D’IVOIRE : UNE MISE EN ŒUVRE EMPIRIQUE A PARTIR DU FONCTIONNEMENT DES RELATIONS AUTOCHTONES ET ALLOGENES","authors":"Fofana Memon, Traoré Kassoum","doi":"10.21859/eulawrev-08011","DOIUrl":"https://doi.org/10.21859/eulawrev-08011","url":null,"abstract":"","PeriodicalId":45752,"journal":{"name":"European Law Review","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2016-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68495825","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
ishing to provide responses to a number of concrete and current issues, the present paper approaches the changes and trends of the Bucharest Stock Exchange (BSE) that may contribute to a better understanding of the phenomenon that is the subject of this study. The aim is the research of the stock exchanges values, a phenomenon contrary to specialized financial theory and to existing trends in BSE and made particular in the case of Rompetrol Well Services PLC with reference to the actual situation in the financial markets. The introduction of the paper contains elements about the objective, research methodology, the novelty brought to the current study, literature also being reviewed. The first paragraph provides a description which started from the capital market, has sailed into the stock market, reaching that stage that was emphasized most, namely BSE. The case study on the analysis of financial instruments at the company Rompetrol Well Services PLC, listed on the Bucharest Stock Exchange, focuses on the study of fundamental, stock and technical analysis in order to shape a picture of the situation of the company concerned. The last paragraph of the paper settles the main changes and novelty brought by the end of 2014 and 2015 at the Bucharest Stock Exchange. On completion of the work, some conclusions were outlined, based on the ideas presented in paragraphs.
为了对一些具体和当前的问题提供回应，本文探讨了布加勒斯特证券交易所(BSE)的变化和趋势，这可能有助于更好地理解本研究的主题。目的是研究股票交易所价值，这一现象与专业金融理论和BSE的现有趋势背道而驰，并参考金融市场的实际情况，特别以Rompetrol Well Services PLC为例。本文的绪论部分包括研究目的、研究方法、对当前研究的新颖性、文献综述等内容。第一段提供了一个描述，从资本市场开始，航行到股票市场，到达了最强调的阶段，即BSE。在布加勒斯特证券交易所上市的Rompetrol Well Services PLC公司的金融工具分析案例研究侧重于基本面，股票和技术分析的研究，以形成有关公司情况的图片。论文的最后一段整理了布加勒斯特证券交易所在2014年底和2015年带来的主要变化和新奇之处。工作完成后，根据各段所提出的想法，概述了一些结论。
{"title":"Changes and trends arising from the Bucharest stock exchange in the need for the analysis of financial instruments at Rompetrol well services PLC","authors":"Hada Teodor Avram Teodora Maria","doi":"10.21859/EULAWREV-08014","DOIUrl":"https://doi.org/10.21859/EULAWREV-08014","url":null,"abstract":"ishing to provide responses to a number of concrete and current issues, the present paper approaches the changes and trends of the Bucharest Stock Exchange (BSE) that may contribute to a better understanding of the phenomenon that is the subject of this study. The aim is the research of the stock exchanges values, a phenomenon contrary to specialized financial theory and to existing trends in BSE and made particular in the case of Rompetrol Well Services PLC with reference to the actual situation in the financial markets. The introduction of the paper contains elements about the objective, research methodology, the novelty brought to the current study, literature also being reviewed. The first paragraph provides a description which started from the capital market, has sailed into the stock market, reaching that stage that was emphasized most, namely BSE. The case study on the analysis of financial instruments at the company Rompetrol Well Services PLC, listed on the Bucharest Stock Exchange, focuses on the study of fundamental, stock and technical analysis in order to shape a picture of the situation of the company concerned. The last paragraph of the paper settles the main changes and novelty brought by the end of 2014 and 2015 at the Bucharest Stock Exchange. On completion of the work, some conclusions were outlined, based on the ideas presented in paragraphs.","PeriodicalId":45752,"journal":{"name":"European Law Review","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2016-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68495947","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A diplomatic mission abroad can assist an individual in (temporarily) escaping a host State’s jurisdiction within the latter’s territory, especially when this individual has a well-founded fear for the violation of his fundamental rights. In such cases, EU Member States have occasionally opened the doors of their diplomatic premises for urgent humanitarian reasons. This working paper investigates which legal framework would apply if one of the Delegations of the European Union’s worldwide diplomatic network were to offer shelter. It explores whether the EU – as an actor in international law and being founded on the values of respect for human dignity and human rights − may be legally obliged to uphold an extraterritorial non-refoulement principle in a diplomatic context. Finally, the paper studies delicate issues such as offering protection through diplomatic means, cooperation modes set up with EU Member States, and the processing of individual cases.
{"title":"Seeking Refuge in EU Delegations Abroad: A Legal Imbroglio Explored","authors":"S. Duquet, J. Wouters","doi":"10.2139/SSRN.2718030","DOIUrl":"https://doi.org/10.2139/SSRN.2718030","url":null,"abstract":"A diplomatic mission abroad can assist an individual in (temporarily) escaping a host State’s jurisdiction within the latter’s territory, especially when this individual has a well-founded fear for the violation of his fundamental rights. In such cases, EU Member States have occasionally opened the doors of their diplomatic premises for urgent humanitarian reasons. This working paper investigates which legal framework would apply if one of the Delegations of the European Union’s worldwide diplomatic network were to offer shelter. It explores whether the EU – as an actor in international law and being founded on the values of respect for human dignity and human rights − may be legally obliged to uphold an extraterritorial non-refoulement principle in a diplomatic context. Finally, the paper studies delicate issues such as offering protection through diplomatic means, cooperation modes set up with EU Member States, and the processing of individual cases.","PeriodicalId":45752,"journal":{"name":"European Law Review","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2015-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68271677","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article considers how external norms, i.e. instruments of public international law, including but not limited to Conventions, agreements and treaties qua norms ‘internalise’ into 17 proposed and adopted Area of Freedom, Security and Justice (AFSJ) Directives of the last legislative cycle of the EU, from 2009-2014. The article considers select Directives, namely (i) the first EU criminal law directive, (ii) the first AFSJ directive struck down by the Court, (iii) a Directive employing a norm common to internal and external rule-making, (iv) UN Conventions in AFSJ Directives and (v) Directives omitting the promotion of any external norms. The study of the promotion of external norms is argued to reveal much about the relationship between the ‘external’ and ‘internal’ of EU law and policy and the evolution of its AFSJ. The EU’s participation in these external norms is also relevant for the study of the EU’s role in the world.
{"title":"Joining the Dots: External Norms, AFSJ Directives and the EU's Role in Global Legal Order","authors":"E. Fahey","doi":"10.2139/SSRN.2648845","DOIUrl":"https://doi.org/10.2139/SSRN.2648845","url":null,"abstract":"This article considers how external norms, i.e. instruments of public international law, including but not limited to Conventions, agreements and treaties qua norms ‘internalise’ into 17 proposed and adopted Area of Freedom, Security and Justice (AFSJ) Directives of the last legislative cycle of the EU, from 2009-2014. The article considers select Directives, namely (i) the first EU criminal law directive, (ii) the first AFSJ directive struck down by the Court, (iii) a Directive employing a norm common to internal and external rule-making, (iv) UN Conventions in AFSJ Directives and (v) Directives omitting the promotion of any external norms. The study of the promotion of external norms is argued to reveal much about the relationship between the ‘external’ and ‘internal’ of EU law and policy and the evolution of its AFSJ. The EU’s participation in these external norms is also relevant for the study of the EU’s role in the world.","PeriodicalId":45752,"journal":{"name":"European Law Review","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2015-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68238797","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Over the years, the EU has been successful in creating a framework where pregnancy and maternity in the workplace are acknowledged and protected. Such a framework, however, fails to regulate situations such as surrogacy. The latter raises complex ethical and legal issues that have been addressed in very different ways at national level. Lack of a common position has meant that the rights that women have in to relation to surrogacy in the workplace have been ignored at EU level. This article maintains that one of the main difficulties in addressing it is the traditional understanding of who is perceived to be a mother. Women are de facto afforded rights because they are biological mothers and this excludes surrogacy. The debate has recently been highlighted by the decisions of the Court of Justice of the European Union in the cases of C.D. v S.T. and Z v Government Department and the Board of Management of a Community School. Interestingly, the two Advocates General reached different conclusions, one emphasising health and safety and the other the equality aspect of the debate: neither of these opinions offered a clear solution, yet both indicate possible ways forward. The Court ignored these suggestions and reached disappointing, albeit technically flawless and entirely predictable, decisions. Against this background, this article argues that the time is now ripe for a more coherent regime of parental rights in the EU where the focus should shift from the mere biological/gestational connotation of motherhood to emphasising the different sides of “being a mother”, and more generally “being a parent”, including a caring relationship between the parent(s) and the child. Accordingly, it concludes that the EU is in urgent need of a complete set of legal rules that looks beyond how families are constructed and, ultimately, values and promotes the role of care and, ultimately, the best interests of the child.
{"title":"Surrogacy, Pregnancy and Maternity Rights: A Missed Opportunity for a More Coherent Regime of Parental Rights in the EU","authors":"E. C. D. Torella, P. Foubert","doi":"10.2139/SSRN.2629812","DOIUrl":"https://doi.org/10.2139/SSRN.2629812","url":null,"abstract":"Over the years, the EU has been successful in creating a framework where pregnancy and maternity in the workplace are acknowledged and protected. Such a framework, however, fails to regulate situations such as surrogacy. The latter raises complex ethical and legal issues that have been addressed in very different ways at national level. Lack of a common position has meant that the rights that women have in to relation to surrogacy in the workplace have been ignored at EU level. This article maintains that one of the main difficulties in addressing it is the traditional understanding of who is perceived to be a mother. Women are de facto afforded rights because they are biological mothers and this excludes surrogacy. The debate has recently been highlighted by the decisions of the Court of Justice of the European Union in the cases of C.D. v S.T. and Z v Government Department and the Board of Management of a Community School. Interestingly, the two Advocates General reached different conclusions, one emphasising health and safety and the other the equality aspect of the debate: neither of these opinions offered a clear solution, yet both indicate possible ways forward. The Court ignored these suggestions and reached disappointing, albeit technically flawless and entirely predictable, decisions. Against this background, this article argues that the time is now ripe for a more coherent regime of parental rights in the EU where the focus should shift from the mere biological/gestational connotation of motherhood to emphasising the different sides of “being a mother”, and more generally “being a parent”, including a caring relationship between the parent(s) and the child. Accordingly, it concludes that the EU is in urgent need of a complete set of legal rules that looks beyond how families are constructed and, ultimately, values and promotes the role of care and, ultimately, the best interests of the child.","PeriodicalId":45752,"journal":{"name":"European Law Review","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2015-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.2629812","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68232115","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Introducing a more economic approach to European competition law has been a prime concern of DG Competition for the past 10 years. The Communication on the Commission’s enforcement priorities in applying art. 102 TFEU (ex 82 EC), issued in February 2009, constitutes the latest step in this comprehensive policy review. This contribution argues that, despite wording the Communication in a very cautious manner, the Commission has brought its approach to abusive exclusionary behaviour de facto into line with its more economic approach to art. 101 TFEU (ex 81 EC) and the Merger Regulation, as it shall no longer pursue conduct that is unlikely to result in direct consumer harm. This development is problematic because it does not appear compatible with the case law: effectively, the Communication overrides the Court’s position that direct consumer harm is not a requirement of art. 102 TFEU. In combination with the non-legal nature of the Communication and its theoretical vagueness, this discrepancy is further likely to engender significant legal uncertainty and endanger the uniform application of art. 102 TFEU at the national level.
在过去10年里，在欧洲竞争法中引入更经济的方法一直是欧盟竞争委员会(DG competition)的主要关注点。关于委员会在适用art方面的执法优先事项的来文。2009年2月颁布的102 TFEU (ex 82 EC)是这项全面政策审查的最新步骤。这篇文章认为，尽管来文措辞非常谨慎，但委员会对滥用排斥行为的做法实际上与对艺术的更经济的做法一致。第101条TFEU (ex81 EC)和合并条例，因为它将不再追究不太可能对消费者造成直接损害的行为。这种发展是有问题的，因为它似乎与判例法不相容:实际上，《通信》推翻了法院的立场，即直接损害消费者不是艺术的要求。102 TFEU。再加上《传播》的非法律性质及其理论的模糊性，这种差异更有可能产生重大的法律不确定性，危及艺术的统一适用。国家一级102tfeu。
{"title":"The Commission's Guidance Paper on Abusive Exclusionary Conduct – More Radical than it Appears?","authors":"A. Witt","doi":"10.2139/SSRN.2605788","DOIUrl":"https://doi.org/10.2139/SSRN.2605788","url":null,"abstract":"Introducing a more economic approach to European competition law has been a prime concern of DG Competition for the past 10 years. The Communication on the Commission’s enforcement priorities in applying art. 102 TFEU (ex 82 EC), issued in February 2009, constitutes the latest step in this comprehensive policy review. This contribution argues that, despite wording the Communication in a very cautious manner, the Commission has brought its approach to abusive exclusionary behaviour de facto into line with its more economic approach to art. 101 TFEU (ex 81 EC) and the Merger Regulation, as it shall no longer pursue conduct that is unlikely to result in direct consumer harm. This development is problematic because it does not appear compatible with the case law: effectively, the Communication overrides the Court’s position that direct consumer harm is not a requirement of art. 102 TFEU. In combination with the non-legal nature of the Communication and its theoretical vagueness, this discrepancy is further likely to engender significant legal uncertainty and endanger the uniform application of art. 102 TFEU at the national level.","PeriodicalId":45752,"journal":{"name":"European Law Review","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2015-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68220044","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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