EU constitutional limits to the Europeanization of punishment: A case study on offenders’ rehabilitation

2018 ◽  
Vol 25 (6) ◽  
pp. 655-671
Author(s):  
Irene Wieczorek
Keyword(s):  
European Union ◽  
Criminal Justice ◽  
Case Studies ◽  
Constitutional Law ◽  
The Core ◽  
Cross Border ◽  
Article 5

This article contributes to the debate on the functions and limits of cross-border punishment. It uses two existing Framework Decisions as case studies, namely on Transfer of Prisoners (2008/909) and on Transfer of Probationers (2008/947). These texts include promoting the rehabilitative function of punishment in cross-border cases among their objectives. However, they have been criticized for not being fit for their purpose and being just an instrument for ‘covert’ deportation of foreign offenders. This article argues that European Union norms on punishment should be assessed considering the broader EU constitutional law framework, which requires EU norms not to compress disproportionately national regulatory autonomy (Article 5 Treaty on European Union). Against this background, it submits that some of the criticisable features of these Framework Decisions are not a neglect of the core objective of offenders’ rehabilitation but, in fact, the result of a legitimate balance with the interest of national regulatory autonomy. In broader terms, this illustrates that the Europeanization of criminal justice can help to ensure the certainty of punishment in transnational cases. Yet, due to some institutional limits, it can also compromise the effective achievement of all its functions.

scholarly journals Promoting the Development of Enterprise Niche: Case Study on China’s Organizational Ambidexterity

2018 ◽  
Vol 10 (10) ◽  
pp. 3806 ◽  
Author(s):  
Ling Ding ◽  
Di Cao ◽  
Taohua Ouyang ◽  
Jin-xi Wu
Keyword(s):  
Process Model ◽  
Enterprise Management ◽  
Organizational Ambidexterity ◽  
Strategic Positioning ◽  
The Core ◽  
Cross Border ◽  
History Of ◽  
Core Issue ◽  
Three Stages

This paper aims to take the longitudinal development history of the Lenovo Cross-border complex nested R&D organization as the research object, to explore the development rules of enterprise niche. Strategic positioning is the core issue of enterprise management, and enterprise niche is the core issue of strategic positioning. This study elaborates on the three stages of enterprise R&D organizational ambidexterity promoting enterprise niche evolution, discusses the process model of space development, and reveals the life cycle of enterprise niche. It reveals the deep reason for promoting enterprise niche to develop—the ambidexterity of complex nested organization. The conclusion helps to promote the successful space development of enterprise niches through Cross-border merger and acquisition, and to enhance global sustainable development for the companies from emerging markets such as China.

E pluribus unum? Language diversity and the harmonization of company law in the European Union

2019 ◽  
Vol 26 (5) ◽  
pp. 669-690
Author(s):  
Federico M Mucciarelli
Keyword(s):  
European Union ◽  
Case Studies ◽  
Company Law ◽  
Language Diversity ◽  
The European Union ◽  
Freedom Of Establishment ◽  
First Case ◽  
Definition Of ◽  
The Impact

This work addresses the impact of language diversity and nation-specific doctrinal structures on harmonized company law in the EU. With this aim, two emblematic case studies will be analysed. The first case study is related to the definition of ‘merger’ adopted in the Company Law Directive 2017/1132 (originally in the Third Company Law Directive and the Cross-Border Merger Directive); by relying on the example of the SEVIC case decided by the Court of Justice of the European Union (CJEU), it will be shown that scholars’ and courts’ conception of the definition of ‘merger’ varies according to own domestic doctrinal structures. The second case study is related to the notion of ‘registered office’, which is key for establishing the scope of several harmonizing provisions and the freedom of establishment; this paper analyses terminological fluctuations across language versions of EU legislation and the impact of domestic taxonomies and legal debates upon the interpretation of these notions. These case studies show that company law concepts, despite their highly technical nature, are influenced by discourse constructions conducted within national interpretative communities, and by the language used to draft statutory instruments and discuss legal issues. The task of the CJEU is to counterbalance these local tendencies, and yet it is unlikely that doctrinal structures, rooted in national languages and legal cultures, will disappear.

scholarly journals The ‘Equality Of Arms’ In Macedonian Criminal Procedure

SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 123-130
Author(s):  
Olga Kosevaliska
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Case Studies ◽  
Justice System ◽  
Criminal Procedure ◽  
Core Values ◽  
Fair Trial ◽  
Public Hearing ◽  
The Core ◽  
The Right

Abstract The right to a fair trial is implemented in our criminal procedure and is one of the core values of our criminal justice system. This right is absolute and can’t be limited on any legal base. Its essence is fair and public hearing by an independent and impartial court with guaranteeing of all the minimum rights of the defendant. One of those minimum rights is the right of equity of arms between the parties, the prosecutor and the defense. In our Law on Criminal Procedure, it is provided that the defense has the same rights and duties as the prosecutor except those rights that belong to the prosecutor as a state authority. Therefore, the purpose of this article is elaborating the right of ‘equity of arms’ and its misunderstanding in practice. Hence, we intend to show some case studies in which some evidence are not considered by the court just because they are not proposed by the prosecutor and they are crucial for the verdict.

IT 4 Regime Change: Networking around the State in Egypt

2017 ◽  
Author(s):  
Deborah L. Wheeler
Keyword(s):  
New Media ◽  
Case Studies ◽  
Internet Use ◽  
Regime Change ◽  
Media Use ◽  
The Core ◽  
Starting Point ◽  
The Status ◽  
Over Time

This chapter takes as a starting point Gene Sharp’s observation that, “the exercise of power depends on the consent of the ruled who, by withdrawing that consent can control and even destroy the power of their opponent” (Sharp, 1973, p. 4). While this observation applies across the three case studies at the core of this book, in the Egyptian state in particular, Internet use allowed citizens to experiment with withdrawing their consent, in ways that were destructive to the status quo over time, but subtle enough to go relatively undetected until the 25 January revolution. Having a voice, both online and off, resulted in, “the exchange of ideas, information and models” which “created an active citizenry” (Bayat, 2010, p. 247). Throughout the Egyptian case study, explanations for an empowered citizenry linked in part with new media use are considered.

A Divided City in a Common Market

2011 ◽  
Vol 20 (2) ◽  
pp. 43-67 ◽  
Author(s):  
Andrew D. Asher
Keyword(s):  
European Union ◽  
Ethnic Difference ◽  
Common Market ◽  
The European Union ◽  
Ethnographic Case Study ◽  
Social Spaces ◽  
Cross Border

Based on an ethnographic case study in the border cities of Frankfurt (Oder), Germany and Słubice, Poland, this article explores the construction and maintenance of ethnic difference within the transnational economic and social spaces created by the European Union's common market. Through an examination of three domains of cross-border citizenship practice - shopping and consumption, housing and work - this article argues that even as the European Union deploys policies aimed at creating de-territorialised and supranational forms of identity and citizenship, economic asymmetries and hierarchies of value embedded within these policies grant rights differentially in ways that continue to be linked to ethnicity and nationality.

scholarly journals JURISDICTION FOR CROSS-BORDER BREACH OF PERSONALITY AND DEFAMATION: EDATE ADVERTISING AND MARTINEZ

2012 ◽  
Vol 61 (4) ◽  
pp. 1007-1016
Author(s):  
Lorna Gillies
Keyword(s):  
European Union ◽  
The European Union ◽  
Cross Border ◽  
Private Lives ◽  
The United Kingdom ◽  
Court Of Justice ◽  
Communications Technologies ◽  
Article 5 ◽  
Harmful Event ◽  
Newspaper Articles

In the conjoined cases C-509/09 e-Date Advertising GmbH v X and C-161/10 Olivier Martinez and others v MGN Ltd,1 the Court of Justice of the European Union (CJEU) was required to determine the scope of applicability of both Article 5(3) of Regulation EC 44/2001 (the Brussels I Regulation)2 and Article 3 of Directive EC 2000/31 (the Electronic Commerce Directive). Both cases were concerned with defamation and breach of personality and image rights as a result of the publication of two newspaper articles which were accessible online via each of the defendants' websites. As readers will be fully aware, Article 5(3) of the Brussels I Regulation enables claimants to establish special jurisdiction in the case of a tort, delict or quasi-delict, in the courts of the Member State where a harmful event has occurred or may occur. The effectiveness of Article 5(3) as a ground of jurisdiction focuses on the locality of the event. The question that arose in both cases was, essentially, where could the claimants bring proceedings for breach of personality and defamation as a result of newspaper articles published online via websites,3 when those websites were accessible in multiple jurisdictions? According to an experienced legal practitioner in the United Kingdom, ‘more than 25 billion individual items of content are shared each month on Facebook alone.’4 There are increasing concerns regarding the dissemination of comments through the medium of ‘ubiquit(ous), converged and displace(d)’5 Web 2.0 communications technologies. Such communications increase the potential for criminal and civil consequences in numerous jurisdictions. The ability of injured parties (famous or not) to seek redress in the most appropriate forum for the purposes of protecting their private lives and reputations is acutely significant.6

scholarly journals Connecting Environmental Changes, Migration Causality, and Transnational Practices. Insights from the Moroccan Diaspora in Belgium

2021 ◽  
pp. 149-168
Author(s):  
Lore Van Praag ◽  
Loubna Ou-Salah ◽  
Elodie Hut ◽  
Caroline Zickgraf
Keyword(s):  
Case Studies ◽  
Empirical Data ◽  
Environmental Changes ◽  
Theoretical Framework ◽  
The Core

AbstractIn this chapter we turn to relevant findings arising from fieldwork conducted in Belgium in the context of the MIGRADAPT project. Although the Moroccan case study that forms the core of this book must be interpreted independently from the empirical data provided in this chapter (and vice versa), both case studies hinge on the same theoretical framework and are, as such, inherently complementary and connected, although not meant to be directly comparative.

Participatory Governance in the Europe of Cross-Border Regions

2021 ◽  
Author(s):  
Peter Ulrich
Keyword(s):  
European Union ◽  
Civil Society ◽  
Policy Analysis ◽  
Case Studies ◽  
European Politics ◽  
Participatory Governance ◽  
Citizen Engagement ◽  
Border Regions ◽  
Cross Border ◽  
Civil Society Participation

This policy analysis examines geopolitical and sociocultural bordering practices in Europe’s cross-border regions and their impact on civil society participation and governance in state peripheries. The normative hope of democratisation and the legitimisation of European politics in European Union border regions are connected with a greater degree of cross-border citizen engagement in Euroregional institutions and politics. Using the example of the European Grouping of Territorial Cooperation, this study analyses and compares four cross-border Euroregional case studies: Tyrol–South Tyrol–Trentino, Galicia–North Portugal, SaarMoselle and the planned German–Polish TransOderana EGTC.

Growing theory for practice: empirical multimodality beyond the case study

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
John A. Bateman
Keyword(s):  
Case Studies ◽  
Multimodal Communication ◽  
Small Scale ◽  
The Core ◽  
Corpus Studies ◽  
Recent Developments

Abstract Many studies investigating the use and effectiveness of multimodal communication are now confronting the need to engage with larger bodies of data in order to achieve more empirically robust accounts, moving beyond the earlier prevalence of small-scale ‘case studies’. In this article, I briefly characterise how recent developments in the theory of multimodality can be drawn upon to encourage and support this change in both scale and breadth. In particular, the contribution will show how refinements in the degree of formality of definitions of the core multimodal constructs of ‘semiotic mode’ and ‘materiality’ can help bridge the gap between exploratory investigations of complex multimodal practices and larger-scale corpus studies.

Governance, Planning, and Territorial Management

2021 ◽  
pp. 271-293
Author(s):  
José Manuel Jurado Almonte ◽  
Francisco José Pazos-García ◽  
Jesús Felicidades García
Keyword(s):  
European Union ◽  
Urban Planning ◽  
Spatial Planning ◽  
The European Union ◽  
Border Effect ◽  
Border Area ◽  
Cross Border ◽  
Territorial Management ◽  
Cross Border Cooperation

In the European Union, there have been significant developments in recent decades in cross-border cooperation and the removal of borders. Thirty years have passed since the launch of the Interreg funds, which finance territorial cooperation policies between Spain and Portugal. Despite these developments, which have encouraged economic and social flows between the two states, the border effect persists in many aspects, especially in terms of governance and shared territorial management. This study, therefore, focuses on how to address the border issue in the different spatial, sectoral, and urban planning instruments. This has involved analysing the different governance, planning, and territorial management systems in Spain and Portugal using the cross-border area of the Baixo Guadiana as a case study. As a preview of the results, following a comparative diagnosis, a number of obstacles and differences in spatial planning, and other territorial actions in this area have been revealed that are a hindrance to the integrated planning and co-management of the Spanish-Portuguese border area.

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