XI.7. Supplementary Protocol on Implementation of the Third Phase (Right of Establishment) of the Protocol on Free Movement of Persons, Right of Residence and Establishment (Excerpts)

2008 ◽  
Vol 10 (3) ◽  
pp. 365-379 ◽  
Author(s):  

AbstractIn the Gouvernement de la Communauté française and Gouvernement wallon case, the Court of Justice was mainly faced with the question of the applicability of the Community law provisions governing free movement of persons in "internal situations" i.e., situations in which EU citizens who are nationals of the host Member States, may not invoke the protection of Community law due to the lack of a cross-border element. The Court resists the call of its AG, but its reply does not give a definitive answer to the situation of those nationals who have exercised, to some extent, their right to free movement. In the Eind case, the Court was confronted with the question whether the third country family member of a national of the host Member State, who has no right of residence in that State, nevertheless enjoys a right of family reunification there upon the return of that national from another Member State where he exercised his right to free movement. The Court answers that question positively, but its legal reasoning is questionable.


1998 ◽  
Vol 1 ◽  
pp. 107-124
Author(s):  
Jaap W. de Zwaan

The opt-ins and opt-outs, which appear at different places in the Amsterdam Treaty where the policy related to movement of persons is concerned, are the result of difficult negotiations concerning the future of the Third Pillar, which was introduced by the Treaty on European Union. More particularly, these arrangements are the result of the discussions on “communautarisation” and the integration of Schengen co-operation in the framework of the European Union. “Communautarisation” concerns the process of transferring substantive matters from the Third Pillar area to the First Pillar area. This process implies, as a result, that proper Community procedures become applicable in these new policy fields.


1998 ◽  
Vol 1 ◽  
pp. 107-124
Author(s):  
Jaap W. de Zwaan

The opt-ins and opt-outs, which appear at different places in the Amsterdam Treaty where the policy related to movement of persons is concerned, are the result of difficult negotiations concerning the future of the Third Pillar, which was introduced by the Treaty on European Union. More particularly, these arrangements are the result of the discussions on “communautarisation” and the integration of Schengen co-operation in the framework of the European Union. “Communautarisation” concerns the process of transferring substantive matters from the Third Pillar area to the First Pillar area. This process implies, as a result, that proper Community procedures become applicable in these new policy fields.


2013 ◽  
Vol 5 (1) ◽  
Author(s):  
Abdul Hasan Saragih

This classroom research was conducted on the autocad instructions to the first grade of mechinary class of SMK Negeri 1 Stabat aiming at : (1) improving the student’ archievementon autocad instructional to the student of mechinary architecture class of SMK Negeri 1 Stabat, (2) applying Quantum Learning Model to the students of mechinary class of SMK Negeri 1 Stabat, arising the positive response to autocad subject by applying Quantum Learning Model of the students of mechinary class of SMK Negeri 1 Stabat. The result shows that (1) by applying quantum learning model, the students’ achievement improves significantly. The improvement ofthe achievement of the 34 students is very satisfactory; on the first phase, 27 students passed (70.59%), 10 students failed (29.41%). On the second phase 27 students (79.41%) passed and 7 students (20.59%) failed. On the third phase 30 students (88.24%) passed and 4 students (11.76%) failed. The application of quantum learning model in SMK Negeri 1 Stabat proved satisfying. This was visible from the activeness of the students from phase 1 to 3. The activeness average of the students was 74.31% on phase 1,81.35% on phase 2, and 83.63% on phase 3. (3) The application of the quantum learning model on teaching autocad was very positively welcome by the students of mechinary class of SMK Negeri 1 Stabat. On phase 1 the improvement was 81.53% . It improved to 86.15% on phase 3. Therefore, The improvement ofstudent’ response can be categorized good.


2020 ◽  
Author(s):  
Adriana Klein ◽  
Roseli de Deus Lopes ◽  
Rodrigo Suigh

BACKGROUND EasySeating is a mobile health (mHealth) app that supports the prescription of wheelchair and postural support devices (WPSD). It can be used by occupational therapists (OT) and physiotherapists (PT) who prescribe WPSD. The app offers a standardization of the prescription procedure, showing images, metrics and details that guide the prescriber to decide on the best equipment. It was developed with an iterative mixed-methods evaluation approach. Objective: The aim of this study was to investigate the processes involved in the prescription of WPSD and to propose, develop and evaluate a mHealth to support OT and PT prescribers. OBJECTIVE The aim of this study was to investigate the processes involved in the prescription of WPSD and to propose, develop and evaluate a mHealth to support OT and PT prescribers. METHODS This study was divided into three phases and was carried out as an iterative process composed of user consulting/testing (using a mixed-methods evaluation approach), system (re)design and software development. The first phase consisted of the collection of qualitative and quantitative data to map and understand the users requirements and of the development of the first prototype (v1) of the app. This data collection was performed through semi-structured interviews with 14 OT and PT prescribers, 5 specialized technicians and 5 WPSD users. The second phase aimed at improving the overall functionality of the app and consisted in the development, test and evaluation of the prototypes v1, v2, v3 and v4. A total of 59 prescribers tested and evaluated these prototypes by means of open interviews, semi-structured questionnaires and focus groups. The third phase focused in the usability aspects of the app. It consisted in the development and test of the prototype v5. Eight technology specialists assessed its usability through heuristics evaluation. RESULTS Data collected in phase one indicated there is a lack of standardization on the prescription of postural support devices (PSD). A divergent nomenclature for the PSDs was also found and classified in eight categories. These information guided the development of the first prototype of the EasySeating app. Phase two results pointed that the prescribers value the insertion of the app into their clinical practice, as it accelerates and increases the quality of the evaluation process and improves the organization of the prescription information. Significant suggestions for the improvement of the app were given during the users tests, including the use of images to represent the PSDs. The usability tests from the third phase revealed two strong issues that must be solved: the need of greater feedback and failures in the persistence of the input data. CONCLUSIONS This study demonstrated that there is a lack of systematization of the WPSD prescription process. The evaluation of the developed EasySeating app demonstrated that there is a potential to standardize, integrate and organize the WPSD prescription information, supporting and facilitating the decision making process of the prescribers. CLINICALTRIAL This study was approved by the Research Ethics Board of the Universidade de São Paulo (registered protocol n°53929516.6.0000.0065) URL - http://plataformabrasil.saude.gov.br/login.jsf


2019 ◽  
Vol 29 (2) ◽  
pp. 104-125

Three phases in Foucault’s examination of authorship and free speech were essential to him throughout his life. They can be linked to such texts as the three lectures “What is an Author?” (first phase), “What is Critique?,” and “What is Revolution?” (second phase), and the two lecture courses, “Fearless Speech,” and “The Courage of Truth” (third phase). Initially, Foucault merely describes the founders of discursivity (hence, “superauthors”), among whom he reckoned only Marx and Freud, as the sole alternative to his own conceptualization of the author function, which is exhibited en masse in contemporary society. He then modifies his views on superauthorship by making Kant the paradigm and by linking his own concept of free speech to a Kan-tian critical attitude. However, Foucault claims only the half of Kant’s philosophical legacy that is related to the study of the ontology of the self.The article advances the hypothesis that the sovereign power of speech, which can be found in Marx and Heidegger and in generally in the concept of “superauthorship,” becomes unacceptable for Foucault. During the third phase, the danger of a tyrannical use of free speech compels Foucault to make a number of fruitful but questionable choices in his work. He focuses on a single aspect of free speech in which a speaker is in a weaker position and therefore has to overcome his fear in order to tell the truth. Foucault associates this kind of free speech with the ancient Greek notion of parrhesia, which according to his interpretation means “fearless speech”; however, this reading is not always supported by the ancient Greek sources. Foucault’s deliberations bring him to the radical conclusion that free speech transforms into performative “aesthetics of existence.” Foucault’s main motivation for pursuing this line of thought all through his life was to investigate his own abilities and powers as an author


Author(s):  
Sarah Song

Chapter 6 examines three rights-based arguments for freedom of movement across borders. Three rights-based arguments have been offered in support of freedom of international movement. The first claims that freedom of movement is a fundamental human right in itself. The second adopts a “cantilever” strategy, arguing that freedom of international movement is a logical extension of existing fundamental rights, including the right of domestic free movement and the right to exit one’s country. The third argument is libertarian: international free movement is necessary to respect individual freedom of association and contract. This chapter shows why these arguments fail to justify a general right to free movement across the globe. What is morally required is not a general right of international free movement but an approach that privileges those whose basic human rights are at stake.


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