scholarly journals EPISTEMIC MODALITY: A CORPUS-BASED ANALYSIS OF EPISTEMIC MARKERS IN EU AND POLISH JUDGMENTS

2019 ◽  
Vol 41 ◽  
pp. 39-70
Author(s):  
Dariusz KOŹBIAŁ
Keyword(s):  
Epistemic Modality ◽  
Frequent Use ◽  
Patterns Of Use ◽  
The Supreme Court ◽  
Polish Language ◽  
Primary Dimension ◽  
High Level ◽  
High Salience ◽  
Judicial Argumentation ◽  
The Eu

The aim of this paper is to establish the repertoire and distribution of verbal and adverbial exponents of epistemic modality in English- and Polish-language judgments passed by the Court of Justice of the EU (CJEU) and non-translated judgments passed by the Supreme Court of Poland (SN). The study applies a model for categorizing exponents of epistemicity with regard to their (i) level (high-, medium- and low-level of certainty, necessity or possibility expressed by the markers; primary dimension), (ii) perspective (own vs. reported perspective), (iii) opinion (based either on facts or beliefs) and (iv) time (the embedding of epistemic markers in sentences relating to the past, present or future) (contextual dimensions). It examines the degree of intra-generic convergence of translated EU judgments and non-translated national judgments in terms of the employment of epistemic markers, as well as the degree of authoritativeness of judicial argumentation, and determines whether the frequent use of epistemic markers constitutes a generic feature of judgments. The research material consists of a parallel corpus of English- and Polish-language versions of 200 EU judgments and a corpus of 200 non-translated domestic judgments. The results point to the high salience and differing patterns of use of epistemic markers in both EU and national judgments. The frequent use of high-level epistemic markers boosts the authoritativeness of judicial reasoning.

Wykładniki modalności w wyrokach Trybunału Sprawiedliwości UE i Sądu Najwyższego RP – analiza korpusowa

2021 ◽  
pp. 78-101
Author(s):  
Dariusz Koźbiał
Keyword(s):  
The European Union ◽  
Modal Verbs ◽  
Court Of Justice ◽  
Frequent Use ◽  
Raising Awareness ◽  
The Supreme Court ◽  
Reference Corpus ◽  
Polish Language ◽  
The Republic ◽  
Degree Of Convergence

The aim of this paper is to investigate the distribution of exponents of modality in the justifications of judgments passed by the Court of Justice of the European Union (CJEU) and judgments passed by the Supreme Court of the Republic of Poland (SN) in the post-accession period of 2011 to 2015. In particular, the paper aims to establish the degree of convergence between translated EU judgments and non-translated national judgments in terms of the employment of modality markers. The research material consists of a large corpus of Polish-language versions of 897 judgments passed by the Court of Justice (CJ), 384 judgments passed by the General Court (GC), a corpus of 2564 non-translated judgments delivered by the SN, and a reference corpus of contemporary Polish (NKJP). The quantitative data point to the high salience and divergent distribution of a number of various markers in both EU and national judgments, such as the value-laden modal verbs należy [(one) must/should] and trzeba [(one) should/must]. It is argued that the frequent use of markers of modality constitutes a generic feature, as it raises the perceived level of authoritativeness of judicial argumentation. The findings may contribute to raising awareness of language patterns which involve the expression of modal stance.

scholarly journals Aircraft Requirements for Sustainable Regional Aviation

Aerospace ◽  
2021 ◽  
Vol 8 (3) ◽  
pp. 61
Author(s):  
Dominik Eisenhut ◽  
Nicolas Moebs ◽  
Evert Windels ◽  
Dominique Bergmann ◽  
Ingmar Geiß ◽  
...  
Keyword(s):  
Systems Engineering ◽  
System Level ◽  
Policy Initiative ◽  
The European Union ◽  
Calculation Methods ◽  
Figures Of Merit ◽  
Performance Requirements ◽  
High Level ◽  
Different Levels ◽  
The Eu

Recently, the new Green Deal policy initiative was presented by the European Union. The EU aims to achieve a sustainable future and be the first climate-neutral continent by 2050. It targets all of the continent’s industries, meaning aviation must contribute to these changes as well. By employing a systems engineering approach, this high-level task can be split into different levels to get from the vision to the relevant system or product itself. Part of this iterative process involves the aircraft requirements, which make the goals more achievable on the system level and allow validation of whether the designed systems fulfill these requirements. Within this work, the top-level aircraft requirements (TLARs) for a hybrid-electric regional aircraft for up to 50 passengers are presented. Apart from performance requirements, other requirements, like environmental ones, are also included. To check whether these requirements are fulfilled, different reference missions were defined which challenge various extremes within the requirements. Furthermore, figures of merit are established, providing a way of validating and comparing different aircraft designs. The modular structure of these aircraft designs ensures the possibility of evaluating different architectures and adapting these figures if necessary. Moreover, different criteria can be accounted for, or their calculation methods or weighting can be changed.

Behavioural Economic Influences on Primary Market Disclosure – The Case of the EU Regulation on European Crowdfunding Service Providers

2021 ◽  
Vol 18 (3) ◽  
pp. 428-463
Author(s):  
Konstantinos Serdaris
Keyword(s):  
Service Providers ◽  
Preliminary Evaluation ◽  
Full Disclosure ◽  
Content Quality ◽  
Platform Governance ◽  
Capital Markets Union ◽  
Alternative Means ◽  
High Level ◽  
Start Ups ◽  
The Eu

Abstract On 5 October 2020, as part of the Capital Markets Union (CMU) project, the European Parliament adopted, in second reading, Regulation (EU) 2020/1503 on European crowdfunding service providers for business (‘ECSP Regulation’). This Regulation, which shall apply as of 10 November 2021, consists of rules which aim at improving access to crowdfunding for EU businesses in need of capital, particularly start-ups, while, at the same time, providing a high level of protection to investors. To attain that it builds on three sets of measures: clear rules on information disclosures for project owners and crowdfunding platforms; rules on platform governance and risk management; and a coherent approach to supervision and enforcement. The focus of this article is on the disclosure-related set of provisions. Its aim is to demonstrate how the new rules embrace a more behavioural approach to primary market disclosure which, in contrast to the paradigm of full disclosure, focuses on the content, quality and framing of disclosure as an alternative means of enabling informed and, thus, allocatively efficient investment decisions. In a second step, it seeks to provide a preliminary evaluation of these measures both from a practical and a normative perspective.

scholarly journals Snus and snus-like nicotine products moving across Nordic borders: Can laws protect young people?

2021 ◽  
pp. 145507252199570
Author(s):  
Marjut Salokannel ◽  
Eeva Ollila
Keyword(s):  
Public Health ◽  
Young People ◽  
Health Impact ◽  
The Public ◽  
European Court ◽  
Wide Availability ◽  
Personal Use ◽  
Health Studies ◽  
High Level ◽  
The Eu

Background: Use of snus and snus-like nicotine products is increasing, in particular among young people, in several Nordic countries and Estonia, while snus is legally on the market only in Sweden and Norway. Snus is available in a great variety of tastes and packaging particularly catering for young users. Recently, strong snus-resembling nicotine pouches have emerged on the market. This research investigates the regulatory means to counteract this development. Methods: European Union (EU) and national tobacco control legislation, case law of the European Court of Justice (CJEU) and relevant public health studies are analysed. Results: The research finds that the judgement of the CJEU relating to the sale of snus on Finnish ferries has not been enforced. Permitted large traveller imports for personal use have contributed to wide availability of snus in Finland. Even if the legislation in Sweden is in conformity with the exemption it obtained in the Accession Treaty, the public health impact of snus use for young people in its neighbouring countries has become considerable. Nicotine pouches, -which are not regarded as medical products in terms of medicine legislation, lack harmonised EU-wide regulation. Controlling smuggling across open borders is challenging. Conclusions: The legislation at the EU and national levels should be able to protect young people from new tobacco and nicotine products. It is urgent to harmonise regulation relating to new tobacco and nicotine products taking as a base a high level of protection of health as required in the Treaty on the Functioning of the EU.

Association of the Individualizing and Binding Moral Foundations with Conceptions of Motherland in Russia

2021 ◽  
pp. 107-127
Author(s):  
O.A. Sychev ◽  
◽  
K.I. Belousov ◽  
Keyword(s):  
Content Analysis ◽  
Online Survey ◽  
Necessary Condition ◽  
Moral Foundations ◽  
Moral Norms ◽  
Positive Image ◽  
Russian Version ◽  
Moral Content ◽  
Frequent Use ◽  
High Level

Patriotism and attitude to the motherland attract much interest of researchers in the field of social sciences, although psychological foundations of these phenomena have not been sufficiently studied. On the basis of Moral Foundations Theory (by J. Haidt) we hypothesized that the characteristics of the moral sphere may be associated with some ideas about the motherland. In particular, binding moral foundations (including loyalty, authority and purity) which are more typical for conservatives should support positive patriotic ideas about the homeland. The low level of binding moral foundations can be related with a critical attitude towards the motherland, the presence of negative assessments of their country. This assump-tion is supported by the results of past studies of patriotism among individuals with different ideological views. The individualizing moral foundations dominating among liberals can be associated with a less global and narrower view of the motherland, which is linked with con-cepts of “family” and “home” rather than “society” or “country”. The aim of this study was to analyze the association between the individualizing and binding moral foundations with the content of ideas about the motherland. The important task of the study was to develop the Russian version of the moral foundations dictionary, which is necessary for analyzing the moral content of ideas about the motherland. To test the hypotheses we conducted a paper-pencil and online survey, obtained data included the answers on Moral Foundations Question-naire and textual answers characterizing the image of the motherland. The sample comprised 831 people (72% women) from 11 regions of Russia. Text responses were processed via com-puter content analysis in the LIWC program (by J. Pennebaker) using the moral foundations dictionary (all categories) and the general dictionary (10 categories most relevant to the prob-lem). To analyze the relations between the results of content analysis and MFQ questionnaire we calculated correlations of the individualizing and binding moral foundations with the presence or absence of each category in the participants’ responses. The results of the correlation analysis indicate that the individualizing moral foundations supports relatively narrow ideas about the motherland, associated with family and home, while people with a high level of binding moral foundations associate the motherland mostly with society and religion. Binding moral founda-tions support a positive image of the motherland, which is manifested in the more frequent use of positive assessments and avoidance of negative evaluations. Persons with a high level of binding moral foundations tend to ignore negative phenomena in the country, reflecting a violation of the individualizing moral norms (care and fairness). In particular, they less often mention violations of human rights and the poverty of the country's inhabitants. The necessary condition analysis revealed the effect of binding moral foundations as a necessary but insuffi-cient condition for maintaining a positive image of the motherland and the absence of negative ideas about it.

scholarly journals Different families, same love: Challenges of the 2008

Temida ◽  
2009 ◽  
Vol 12 (1) ◽  
pp. 47-68
Author(s):  
Zorica Mrsevic
Keyword(s):  
Family Relations ◽  
Sex Partners ◽  
Same Sex ◽  
Member States ◽  
Eu Member States ◽  
Legal Provisions ◽  
The Supreme Court ◽  
Balkan Region ◽  
And Gender ◽  
The Eu

The year 2008 by all means will be remembered by several events, which contributed to significant progress in the domain of legal recognition of various aspects of same sex communities. There were also several initiatives contributing to making the political will necessary for legal changes. The most visible one probably was the May recognition of same sex marriage by the Supreme Court of California, which was valid only 5 months before it was cancelled by the referendum held in November 2008. Since this American state has 38 million inhabitants, more than the whole Balkan region, the event was visible by the whole world. The paper provides further analysis of mostly European events, e.g. decisions of European courts in Strasbourg and Luxembourg, political interventions by the EU Parliament Intercrop, releases of the ILGA-Europe, gay pride marches, other public activities, e.g. exhibition in the EU Parliament regarding the International Day of Human Rights, adoption of various documents relevant for the EU member states and permanent changes in internal legal provisions of the member states. The UN Declaration against discrimination on the ground of sexual orientation and gender identity concluded the year. The paper also comprises analysis of a few typical cases of implementation of family relations among same sex partners.

scholarly journals Support Schemes in Renewable Energy: Commentary to Judgment of the Court (Fifth Chamber) of 13 September 2017, ENEA S.A. v. Prezes Urzędu Regulacji Energetyki

2018 ◽  
Vol 2 (1) ◽  
pp. 171-183
Author(s):  
Nevin Alija
Keyword(s):  
European Union ◽  
Renewable Energy ◽  
European Commission ◽  
Environmentally Friendly ◽  
Preliminary Ruling ◽  
The European Union ◽  
Court Of Justice ◽  
The Supreme Court ◽  
Financial Penalty ◽  
The Eu

In its September 13th 2017 decision,1 the Court of Justice of the European Union (CJEU) decided on a request for a preliminary ruling by the Supreme Court of Poland (Sąd Najwyższy) in proceedings between ENEA S.A. (ENEA) and the president of the Urzędu Regulacji Energetyki (Office for the regulation of energy, URE) on the imposition by the latter of a financial penalty on ENEA for breach of its obligation to supply electricity produced by cogeneration. The judgment of the Court of Justice follows many decisions of the European Commission and judgments of the EU courts assessing the involvement of State resources in support schemes in energy, particularly with the aim of switching towards more environmentally friendly sources. This case reaffirms that support schemes may, in certain circumstances, fall outside the scope of the EU State aid rules.

scholarly journals In Search for the Scope of Main Subject Matter within Article 4(2) of Directive 93/13 after Andriciuc. Practical Consequences of the General CJEU Pronouncements

2020 ◽  
Vol 9 (2) ◽  
pp. 127-146
Author(s):  
Piotr Sitnik
Keyword(s):  
Supreme Court ◽  
Subject Matter ◽  
Focal Point ◽  
Recent Case ◽  
Swiss Franc ◽  
Main Subject ◽  
Control Practice ◽  
The Supreme Court ◽  
Unfair Terms ◽  
The Eu

The paper delves into the intricacies surrounding the ‘main subject matter’ requirement with a view to delineating its scope by reference to CJEU jurisprudence. Specifically, regard is had to the recent case of Andriciuc, its dictum and potential ramifications it may have for the judicial purview in the field of unfair terms control. Practice in recent years has brought to the fore the issue of indexation clauses as the focal point for doctrinal disputes. Comprehensive analyses of the main subject matter have also been carried out by Polish courts at all instances, including that in the Supreme Court, within the context of claims brought by consumers who entered into loans denominated in the Swiss Franc following the events of the so-called ‘Black Thursday’. The paper strives to decode the practical ramifications of the CJEU’s general doctrinal interpretations, offeringsuccinct corollaries pertaining to the compatibility with the EU standard, of the judicial interpretations of Poland’s courts with regard to the concept.

scholarly journals The Interpretive Function of the CJEU and the Interrelationship of EU and National Levels of Consumer Protection

2017 ◽  
Vol 9 (2) ◽  
pp. E-180-E-215 ◽  
Author(s):  
Geraint Howells ◽  
Gert Straetmans
Keyword(s):  
Consumer Protection ◽  
Case Law ◽  
National Courts ◽  
European Consumer ◽  
Court Of Justice ◽  
Correct Information ◽  
Unfair Commercial Practices Directive ◽  
High Level ◽  
Flexible Application ◽  
The Eu

Abstract This paper analyses the ways in which the Unfair Contract Terms and Unfair Commercial Practices Directives try to steer a path between imposing a common European standard and allowing national variation. The open wording of the norms and safeguard clauses in both directives allows room for their flexible application. The differentiated role between the Court of Justice, as the interpreter of European law, and the national courts, as the party that applies it, provides a release valve to prevent any direct clashes and allows a subtle way for national perspectives to be reflected. The analysis finds that, irrespective of the underlying level of harmonisation, and with the backing of the European legislator’s intention of ensuring a high level of consumer protection, the CJEU is gradually painting the average European consumer with more realistic features. Here, the case law of the CJEU fulfils a bridging function between the labelling requirements in the Foodstuff Regulation, the transparency requirements in the Unfair Contract Terms Directive and the informed decision requirements in the Unfair Commercial Practices Directive. In these three domains the CJEU recognises that the level of customer attention may be suboptimal, even in the presence of comprehensive and correct information. The CJEU’s approach contributes to more convergence in consumer protection throughout the EU. Yet, in terms of legitimacy, it must be noted that in all cases the CJEU has maintained a clear distinction between interpretation and application. The particular constitutional legal order in which the CJEU operates only allows for a process whereby the contours of a more coherent European consumer protection policy are gradually revealed. In the absence of sufficient legislative guidance at the European and national levels, national courts may be increasingly informed by the case law of the CJEU in an effort to establish clearly desirable common expectations. Those who believe that, in practice, uniformity can be achieved overnight by simply adopting a common maximum norm appear over-optimistic.

scholarly journals Deminutywność, symilatywność i tautologia słowotwórcza w języku doby średniopolskiej (na materiale ze słownika M.A. Troca)

2021 ◽  
Vol LXXVII (77) ◽  
pp. 193-209
Author(s):  
MAREK KASZEWSKI
Keyword(s):  
Foreign Language ◽  
18Th Century ◽  
Word Formation ◽  
Input Language ◽  
The Real ◽  
Linguistic Awareness ◽  
Real Functions ◽  
Polish Language ◽  
High Level

W tekście podejmowana jest problematyka ograniczeń procesu kategoryzacji klas derywatów deminutywnych oraz symilatywnych w dobie średniopolskiej. Celem opracowania było wskazanie potencjalnych przyczyn blokowania procesów kategoryzacyjnych klas historycznych deminutywów oraz symilatywów. W zakresie metodologii i ustaleń terminologicznych wykorzystano osiągnięcia tzw. „katowickiej szkoły słowotwórstwa historycznego”. Głównym źródłem materiału leksykalnego stał się trójjęzyczny dykcjonarz M.A. Troca z 1764 roku (jego III tom, z polszczyzną jako językiem wyjściowym). Świadomość lingwistyczna autora tego słownika, przejawiająca się w sposobie organizacji wyrażeń hasłowych oraz doboru ekwiwalentów wraz z definicjami, rzuciła nowe światło na sposób identyfikowania kategorii deminutywów, symilatywów, a także formacji tautologicznych przez dawnych użytkowników języka. Okazało się, że w drugiej połowie XVIII wieku żadna z tych klas nie wykrystalizowała swoich dominant, zaś czynnikiem, który mógł podtrzymywać ten stan, była obecność w języku znacznej liczby derywatów tautologicznych względem podstawy, budowanych z udziałem wielofunkcyjnych formantów z podstawowymi sufiksalnymi spółgłoskami -k- i -c-. Diminutivity, similativity and word-formation tautology in Middle Polish (illustrated with data from M.A. Troc’s Dictionary) Summary: The text deals with the limitations of the categorization process of the classes of diminutive and similative derivatives in Middle Polish. The aim of the study was to identify the potential reasons for the blocking of the categorization processes of the historical classes of diminutives and similatives. The methodology and terminology used in the paper follows the achievements of the so-called “Katowice school of historical word-formation”. The 1764 trilingual dictionary by M.A. Troc (Volume 3, with Polish as the input language) was the main source of lexical material. Based on the analysis of the presented material, one can conclude that the linguistic awareness of the lexicographer, manifested through the organization of dictionary entries and the choice of foreign equivalents and their definitions, may shed a new light on the categorical system of historical derivatives. In lack of sufficient Polish-language contexts, the translational character of lexicographic sources lets us gain information about the semantic and stylistic value of Polish lexical units on the basis of their foreign equivalents or their foreign-language definitions provided by dictionaries. The category of diminutive names in the second half of the 18th century did not yet crystallize its dominants, and the class of similative names had a similar formal and semantic status. Both classes constituted products of sets that contained derivative units, assuming a diminishing or similative function. The factor that inhibited the process of the crystallization of the dominants in the mentioned classes was the extremely high level of word-formation tautology, which did not allow language users to identify the real functions of multifunctional formants with the basic consonants -k- and -c-.

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