scholarly journals PRZYIMKI W WYROKACH UNIJNYCH I KRAJOWYCH – ANALIZA KORPUSOWA DYSTRYBUCJI I FUNKCJI PRZYIMKÓW PROSTYCH, ZŁOŻONYCH I WTÓRNYCH

2019 ◽  
Vol 35 ◽  
pp. 89-119
Author(s):  
Dariusz KOŹBIAŁ
Keyword(s):  
Subject Matter ◽  
National Court ◽  
Target Language ◽  
Simple Complex ◽  
Translation Process ◽  
Court Of Justice ◽  
The Subject ◽  
The Impact ◽  
The Eu ◽  
National Corpus

The article aims to examine the distribution of simple, complex and secondary prepositions in EU judgments (based on a corpus of judgments of the Court of Justice and the General Court) and domestic judgments (based on a corpus of judgments of the Polish Supreme Court) against general Polish (based on a balanced version of the Polish National Corpus), and to analyze the functions of complex and secondary prepositions. The results confirmed the hypothesis that the high distribution of prepositions in judgments against a representative sample of general Polish is a generic feature of judgments. In addition, it was established that the phraseological profile of EU judgments differs from the profile of national judgments in terms of the distribution of prepositions and their specific functions. This may be the result of the impact of the translation process on target language texts and the scope of jurisdiction of the EU courts and the national court, both of which affect the subject matter of judgments.

The Role of the CJEU in the Strengthening of the Participation of Third-Country Nationals in the Academic Life in the EU – Analysis of the Ruling of the CJEU in Case M.A. v Consul of the Republic of Poland in N

2021 ◽  
pp. 91-106
Author(s):  
Anna Magdalena Kosińska
Keyword(s):  
National Court ◽  
Eu Law ◽  
Foreign National ◽  
Residence Permit ◽  
Voluntary Service ◽  
Court Of Justice ◽  
The Republic ◽  
New Student ◽  
The Eu

The analyzed ruling is the first judgement which the Court of Justice passed in order to provide interpretationfor the new Student Directive (2016/801 of 11 May 2016 on the conditions of entry and residence ofthird-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemesor educational projects and au pairing). Due to its judiciary activism, the Court was able to find a connectionbetween the case pending before a national court and EU law in the case of M.A. In the end, the Court finallydecided that in the case at issue, regarding the rights of a foreign national to apply for a residence permit for thepurpose of enrolling in second-cycle studies programme in Poland, the procedure of applying for a long-stay visaon the grounds of national law must be safeguarded by the guarantees under Article 47 of the Charter of FundamentalRights. The guarantees apply to the actual states in which EU law is applicable – in this case the “StudentDirective.” It seems that the ruling in the case of M.A. will play a crucial role in facilitating students’ – TCNs’ – entryinto the territory of the Republic of Poland, while the Polish legislator, in all probability, will be obliged to changethe provisions of the national law in such a way as to make it possible for future students to access a full array oflegal remedies against the negative decisions of consuls.

scholarly journals The Impact of Audit Committees Controls Commitment on Strengthening Corporate Governance: Evidence from Jordan

2019 ◽  
Vol 11 (3) ◽  
pp. 69
Author(s):  
Fares Jamiel Hussein Alsufy
Keyword(s):  
Corporate Governance ◽  
Subject Matter ◽  
Boards Of Directors ◽  
Stock Exchange ◽  
Audit Committees ◽  
Staff Members ◽  
Amman Stock Exchange ◽  
The Subject ◽  
The Impact ◽  
Working Mechanisms

This study aims to determine the extent to which the Boards of Directors of the industrial Jordanian Companies listed on Amman Stock Exchange (ASE) comply with the controls of composing audit committees, their working mechanisms, and the impact on the corporate governance. To achieve the objectives of this study, (155) questionnaires were developed and distributed to the staff members relevant to the subject matter of the study. Out of distributed questionnaire, (144) responded questionnaires only were collected from respondents. The number of questionnaires analyzed was (135) and a T-test has been used to test the hypotheses. The results of the study showed that there is a statistically significant correlation on the existence of the commitment of the Boards of Directors of the Jordanian Listed Companies to the disciplines of audit committees’ formation and their mechanisms of work. The results also demonstrated the existence of impact of this commitment on the governance of these companies. The commitments to these controls and their work mechanisms have been developed to enhance corporate governance in Jordanian companies.

scholarly journals Domniemania i fikcje prawne w ogólnym postępowaniu administracyjnym. Wybrane zagadnienia

2019 ◽  
Vol 28 (4) ◽  
pp. 125
Author(s):  
Maciej Podleśny
Keyword(s):  
Subject Matter ◽  
Administrative Procedure ◽  
Objective Truth ◽  
The Subject ◽  
Administrative Proceedings ◽  
Legal Fictions ◽  
The Impact

<p class="Standard">The subject of the article was to discuss the institutions of presumptions and legal fictions applicable in the general administrative procedure. Due to the complexity of the problem, the author has attempted to only analyse selected issues relating to the subject matter hereof. The study identifies situations in which the discussed institutions are established, describes their substance, function and the objective for which they were introduced. The impact presumptions and legal fictions on the validity of objective truth in the course of administrative proceedings have been demonstrated and the values underlying their introduction to the Code of Administrative Procedure have been discussed.</p>

Judicial Protection Under the Constitution

2004 ◽  
Vol 1 (1) ◽  
pp. 108-111 ◽  
Author(s):  
Spyridon Flogaitis ◽  
Andreas Pottakis
Keyword(s):  
Organisational Structure ◽  
Modus Operandi ◽  
High Court ◽  
National Courts ◽  
Locus Standi ◽  
Court Of Justice ◽  
Judicial Protection ◽  
The Impact ◽  
The Eu ◽  
Draft Constitution

The challenges for the system of judicial protection of the EU spring from two main developments: first, the enlargement of the EU, which inevitably affects all institutions of the Union, most notably their organisational structure and modus operandi, second, the deepening and widening of the areas falling within the scope of competences of the EU. Article I-28 Draft Constitution states that the Court of Justice of the EU shall include the ECJ, the High Court and specialised courts. These courts, together with the national courts of all levels, constitute the intricate nexus offering judicial protection in the EU. The issues that dominated debates on the reform of the system of judicial protection varied from the amendment of Article 230.4 EC on the locus standi of applicants, to the impact of the incorporation of the Charter of Human Rights and to the competences of the ECJ in the areas of the second and third pillar. They all relate to the deepening and widening of the Union through this Draft Constitution.

Innovative mechanisms in the financial accounting system of the enterprise

2021 ◽  
Vol 39 (6) ◽  
Author(s):  
Yuriy Sigidov ◽  
Oksana Akulich ◽  
Nadezhda Chapkina ◽  
Alexander Kokorev ◽  
Lyubov Melnikova
Keyword(s):  
Subject Matter ◽  
System Analysis ◽  
Financial Accounting ◽  
Accounting System ◽  
Accounting Systems ◽  
Qualitative Understanding ◽  
Innovative Solutions ◽  
Current Economic Situation ◽  
The Subject ◽  
The Impact

The relevance of the subject matter of scientific research is determined by the importance of introducing innovative solutions in the activities of modern enterprises in various sectors of the economy in general and the need for a detailed study of various aspects of the impact of innovative mechanisms in ensuring the full functioning of the financial accounting systems of the enterprise in particular. In this context, the purpose of the study is to investigate the role and functions of innovative mechanisms in the financial accounting system of an enterprise, regardless of its field of activity, with an assessment of the effectiveness of the implementation of such innovative mechanisms and methods. The leading approach in this study is the method of system analysis, which allows performing a structured review of various aspects of the subject matter, in terms of identifying the main patterns of implementation of innovative solutions and mechanisms in the activities of the financial accounting system of the enterprise. The results of this study reflect the essence of the research performed and clearly demonstrate the sequence of development and subsequent implementation of innovative mechanisms in the activities of the relevant systems of modern enterprises; the final conclusions of this study are formulated based on the obtained results. The results and conclusions of this study are of significant practical value for specialists working in the financial accounting system of enterprises, regardless of their specific affiliation to certain areas of economic activity, in terms of providing a qualitative understanding of the need to introduce innovative mechanisms in the financial accounting structures of these enterprises, in order to reduce unjustified losses in the activities of these enterprises and increase the overall level of their economic efficiency in the current economic situation.

Geographical Indications for agricultural products and foodstuffs in the EU: to what extent does the protection level match the scope of the subject matter?

2021 ◽  
Vol 11 (3) ◽  
pp. 270-294
Author(s):  
Kim Van der Borght ◽  
Jianmei Gao ◽  
Xiaoting Song
Keyword(s):  
Human Factors ◽  
Subject Matter ◽  
Agricultural Products ◽  
Production Model ◽  
Geographical Indication ◽  
The European Union ◽  
Protection Level ◽  
Protected Designation Of Origin ◽  
The Subject ◽  
The Eu

To recognize an origin-linked production model and the typicity of the products, the European Union (EU) has introduced the Geographical Indication (GI) protection regime. By requiring that relevant production steps must take place in the defined locale, the regime confers exclusive production rights on the local producers. There are two GI categories in the EU. The first is Protected Designation of Origin (PDO), covering products with a qualitative link to both natural and human factors in the designated region. The second is Protected Geographical Indication (PGI), the scope of which overlaps with PDO and covers products that have a qualitative or reputational link with their regional origin. This article examines whether exclusive rights are necessary and appropriate to fulfil their objectives and argues that these rights, when extended to human factors and reputation, cannot always be justified. It is argued that the overlapping scope of the subject matter undermines the ability of these two GI protection categories to provide transparent and trustworthy information for consumers. Finally, this article proposes to redefine the scope of the subject matter and the protection level for PDO and PGI by approaching the product/origin link from a resource utilization, integration and sustainability perspective. *Corresponding author: [email protected]. The research for this article was partially funded by Vrije Universiteit Brussel/China Scholarship Council Joint Scholarship and the National Social Science Fund of China (Grant No. 16 ZDA236).

Cross-border ties in the light of the EU common market

2020 ◽  
Vol 8 (4) ◽  
pp. 187-205
Author(s):  
Łukasz Wróblewski
Keyword(s):  
Common Market ◽  
Border Regions ◽  
Cross Border ◽  
Production Factors ◽  
The Subject ◽  
The Common ◽  
Economic Ties ◽  
The Impact ◽  
European Regional ◽  
The Eu

Cross-border regional economic ties in the EU have been the subject of numerous studies across various academic fields. A special dose of attention, however, has been paid to the ties between the EU border regions. This is no doubt related to the intensification of European integration, in particular at the regional level. One source of particular impact on border regions is the economy of the common market. Surprisingly enough, this economy has not found its proper reflection in the research on border regions and their problems in the light of the broadly defined European regional studies. As a consequence, it is necessary to carry out an in-depth analysis of the literature on cross-border cooperation and economic integration in order to capture the impact of the single market on cross-border relations. The aim of this paper, therefore, is to analyze the economic determinants of cross-border economic ties between the EU regions. To this end, the text begins with an overview of (1) the key characteristics of the common market, followed by (2) the impact of market economics on the regional ties, with particular emphasis on the border regions. The problem has been illustrated on the basis of the Polish-German borderland. The conducted examinations indicate that the economic ties between border regions vary in intensity. At the same time, the vicinity of the border is often insufficient as a factor ensuring a high degree of intensity in the movement of production factors or business relations across the border. It is market mechanisms rather than the location on the border that comprise the primary determinant in this regard. The primary focus of this study is the movement of production factors. The methodology of this text has been based primarily on the analysis of the subject literature on the notions of market economics, optimum currency area, and the broadly defined European regional studies.

Culture

2020 ◽  
pp. 45-63
Author(s):  
Mbosowo Bassey Udok
Keyword(s):  
Subject Matter ◽  
Human Existence ◽  
Technical Knowledge ◽  
Human Beings ◽  
Cultural Backgrounds ◽  
Patterns Of Behavior ◽  
The Subject ◽  
Similarities And Differences ◽  
Definition Of ◽  
The Impact

Human existence as a whole is attached to a culture. Every human is a member of a group that acts within the framework of patterns of behavior that is unique or peculiar to the group. Each group determines the component of her culture, and culture builds an identity for the group. This chapter is poised to examine definitions of culture across cultural backgrounds to show similarities and differences in articulating the subject matter. It explicates the components of culture which include the product and technical knowledge of human beings in a given environment. The work plunges into the characteristics of culture as socially based. Here, culture is seen as a creation of society and shared among members of the same society and learned through associations with others in the group. The work concludes that though there is no universally acceptable definition of culture, the impact of culture cannot be undermined as its influence is felt across disciplines and communities.

Part V Judicial Review before the Court of Justice of the European Union, 2 Direct Actions and Judicial Review before the Union Courts

2016 ◽  
Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter
Keyword(s):  
European Union ◽  
European Commission ◽  
Judicial Review ◽  
Subject Matter ◽  
State Aid ◽  
Access To Justice ◽  
The European Union ◽  
Court Of Justice ◽  
The Subject

This chapter addresses access to justice in the context of centralized enforcement of EU State aid law and judicial review before the Union courts. The subject matter of litigation is State aid measures adopted in particular by the European Commission as the main supervisory body in this field pursuant to Article 108 TFEU. The term ‘access to justice’ is meant to comprise both the various conditions of standing for bringing direct actions against such measures before the General Court (GC), which essentially comprise actions for annulment (Article 263 TFEU), actions for failure to act (Article 265 TFEU), and actions for damages (Article 268 in combination with Article 340(2) TFEU). The chapter also looks at the nature and the types of acts that are possibly subject to judicial review before the GC.

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