scholarly journals Atliekų sąvoka: probleminiai aspektai

Teisė ◽  
2009 ◽  
Vol 72 ◽  
pp. 176-197
Author(s):  
M Artynas Vasiliauskas
Keyword(s):  
European Union ◽  
Legal Definition ◽  
Legal Translation ◽  
Per Se ◽  
The Moment ◽  
Definition Of ◽  
The Impact

Straipsnyje analizuojami pagrindiniai probleminiai aspektai, susiję su galiojančiuose teisės aktuose įtvirtinta atliekų sąvoka. Daugiausia dėmesio sutelkta į sąvokos vertimo netikslumus ir į tai, kokią įtaką šie netikslumai turi teisės teoretikams ir praktikams taikant atliekų sąvoką. Autorius analizuoja keturis Europos Sąjungos teisės aktus, kuriuose pateikiama atliekų sąvoka. Šiuose teisės aktuose lietuvių kal­ba atliekų sąvoka yra pateikiama vis kitaip, nors kitomis kalbomis minėta sąvoka iš esmės nekinta. Be to, straipsnyje ieškoma geriausio termino pagrindiniam atliekų sąvokos elementui, t. y. momentui, nuo kurio daiktai ar medžiagos tampa atliekomis, apibūdinti, nes visuose analizuojamuose dokumentuose pateikiami skirtingi šį elementą apibūdinantys terminai. Taip pat aptariama kol kas negausi Lietuvos teismų praktika, aiškinant atliekų sąvoką ir atskleidžiami sunkumai, su kuriais teismai gali susidurti, tai­kydami netikslią atliekų sąvoką. Straipsnyje siūloma atliekų sąvoka, atitinkanti analizuotuose Europos Sąjungos dokumentuose kitomis kalbomis pateiktą sąvoką. The article discusses some problematic aspects of the legal definition of waste. The article is focused on the irregularities of the legal translation of this definition into Lithuanian and on the impact of these irregularities to legal scientists and lawyers. Four European Union legal acts, which define waste, are analysed. In each of these legal acts (Lithuanian translation) the definition of waste is different, despite the fact that the definition of waste per se practically does not change. Furthermore, the search for the best term defining the principle element of the definition of waste, i.e. for the moment when a material or an object become waste, is conducted. This search is determined by the fact that in each of the analysed legal acts in Lithuanian this moment is defined differently, however, this term does not change in the legal acts in other languages. The article also discusses Lithuanian courts’ cases (they are still not great in number) which explain the legal definition of waste and enumerates the difficulties that the courts may encounter in applying the legal definition of waste. The definition of waste which corresponds to the sense of the analysed legal acts is proposed.

scholarly journals La inteligencia artificial y el cuerpo humano digital: a la búsqueda del habeas data.

2020 ◽  
Vol 6 (2) ◽  
pp. 200-224
Author(s):  
Simona Fanni
Keyword(s):  
European Union ◽  
Human Body ◽  
Data Privacy ◽  
The European Union ◽  
European Union Law ◽  
Major Work ◽  
The Moment ◽  
Definition Of ◽  
Digital Human ◽  
The Impact

The title of Günther Anders’ major work “The obsolescence of man” seems to capture the essence of the challenges that the impact of artificial intelligence on the human body poses for jurists, namely, the definition of a modern Magna Charta for the digital human body, aimed at addressing the habeas data. Privacy, informational self-determination and identity need to be properly protected in the digital era. UNESCO, the European Union and the Council of Europe are developing important responses at the moment, and they can also rely on some interesting legal tools that can be found in their respective frameworks, which can be used for dealing with the challenges under consideration. In this respect, the purpose of the present study is to analyse the current and future legal scenario under international law and European Union law, both de iure condito and de iure condendo, in search of the habeas data.

De structuur van de besluitvorming in de Raad van de Europese Unie

Res Publica ◽  
1994 ◽  
Vol 36 (3-4) ◽  
pp. 381-398
Author(s):  
Jan Beyers
Keyword(s):  
Decision Making ◽  
European Union ◽  
Functional Approach ◽  
Council Decision ◽  
Working Groups ◽  
Definition Of ◽  
The Impact ◽  
The Way

In spite of its importance in European Union decision making, research on the functioning of the Council is scarce (Wessels, 1991). Based on empirical findings this article gives some new insights in the way Council decision making is institutionalized. The first part focusses on the characteristics of Council working groups and the different positions of actors in the decision making network. Our findings confirm the definition of the Council as a highly bureaucratized institution. Interesting is that the diversity of tasks of the different actors(working groups, Coreper, CSA etc.) strengthens the impact of national administrations in Council decision making. The second part explores the reasons for this impact. This article adds to the functional approach, which over-emphasizes the adaptive character of the Council, the perception of the Council as an intergovernmental component in a supranational system.

4 Tribal Constitutionalism and Historic Claims: The Impact of Claims Settlement on Tribal Membership Governance in Australia and New Zealand

2010 ◽  
Author(s):  
Gover Kirsty
Keyword(s):  
New Zealand ◽  
Land Claims ◽  
Native Title ◽  
Legal Definition ◽  
Definition Of ◽  
The Impact ◽  
Official Recognition

In Australia and New Zealand, the official recognition of tribes occurs alongside the settlement of land claims. This chapter investigates the scope of tribal autonomy in membership governance in Australia and New Zealand, based on the membership rules contained in institutions established to manage tribal rights to land and territory: New Zealand Treaty Settlement Entities (TSEs) and Australian Registered Native Title Bodies Corporate (PBCs). Claims settlement processes impact on tribal membership governance by requiring a legal definition of the class of beneficiaries, and by prescribing formal membership criteria. Thereafter tribes have the capacity (within certain limitations) to alter their membership criteria to exclude legal beneficiaries from tribal membership. The result is a distinction between the class of people entitled to benefit from a settlement or determination, and persons entitled, as a matter of tribal law and custom, to be recognized as members of the tribe. The categories are imperfectly aligned. This chapter examines the strategies used by tribes and states to overcome the resulting impasses.

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.

Unregulated Algorithmic Trading: Testing the Boundaries of the European Union Algorithmic Trading Regime

2020 ◽  
Vol 6 (2) ◽  
pp. 270-305
Author(s):  
Clara Martins Pereira
Keyword(s):  
European Union ◽  
Equity Markets ◽  
Algorithmic Trading ◽  
Market Quality ◽  
Financial Instruments ◽  
The European Union ◽  
New Type ◽  
Definition Of ◽  
The Impact ◽  
Trading Regime

Abstract Trading in modern equity markets has come to be dominated by machines and algorithms. However, there is significant concern over the impact of algorithmic trading on market quality and a number of jurisdictions have moved to address the risks associated with this new type of trading. The European Union has been no exception to this trend. This article argues that while the European Union algorithmic trading regime is often perceived as a tough response to the challenges inherent in machine trading, it has one crucial shortcoming: it does not regulate the simpler, basic execution algorithms used in automated order routers. Yet the same risk generally associated with algorithmic trading activity also arises, in particular, from the use of these basic execution algorithms—as was made evident by the trading glitch that led to the fall of United States securities trader Knight Capital in 2012. Indeed, such risk could even be amplified by the lack of sophistication of these simpler execution algorithms. It is thus proposed that the European Union should amend the objective scope of its algorithmic trading regime by expanding the definition of algorithmic trading under the Markets in Financial Instruments Directive (MiFID II) to include all execution algorithms, regardless of their complexity.

scholarly journals Migrations in Europe: Fears due to the enlargement of the EU to the East

Stanovnistvo ◽  
2003 ◽  
Vol 41 (1-4) ◽  
pp. 131-145
Author(s):  
Mirjana Morokvasic
Keyword(s):  
European Union ◽  
Migration Policy ◽  
Buffer Zone ◽  
The European Union ◽  
Eastern Border ◽  
Eastern European Countries ◽  
The Moment ◽  
Restrictive Measures ◽  
The Impact ◽  
The Eu

The European Union is confronted with the biggest enlargement in its history: ten states, among them eight middle European - the so called "buffer zone" in the new European migration landscape - will become members in 2004. Other candidates hope to join in the coming years. For all Eastern and Eastern European countries, including those that are not candidates, the end of the bi-polar world meant a hope of "return to Europe". When shifting its borders to the East, the European Union both includes and excludes. The final objective to achieve Europe as "a space of freedom, security and justice", is conditioned by the capacity and necessity to control the migratory flows. The prospect of free circulation for the citizens of the new Union members entails also fears: the EU countries are afraid of the consequences the enlargement would have on migratory flows from the countries of the Central and Eastern Europe and which transit through that area. The perception of migrants as a threat inspired the conditions that the Union imposed on the candidate countries concerning migration policy issues and which mostly focus on the protection of its Eastern borders. For the future Union members however, protecting of the thousand of kilometers of their Eastern border, implies a number of quite different problems. These countries are afraid of the impact the restrictive measures they are obliged to implement would have both on many economic and family ties which have been maintained since the socialist period and on more recently engaged cooperation with the neighbours which are not candidates. The challenge of enlargement is different therefore for the EU members, for the candidate countries and for those who are for the moment excluded from the process. The fears do not seem to be always grounded. Thus, the impact of enlargement which, it was feared, could have been so destabilizing for the Union because of potentially large migration flows, is more likely to be destabilizing for the new candidate countries, especially concerning their relations with their neighbours excluded from the enlargement process.

scholarly journals The Scope of Academic Freedom Right and the Situation of Scientists in Poland

Interchange ◽  
2021 ◽  
Author(s):  
Monika Stachowiak-Kudła
Keyword(s):  
Higher Education ◽  
Academic Freedom ◽  
Management Model ◽  
Legal Tradition ◽  
Legal Definition ◽  
The Law ◽  
Definition Of ◽  
The Impact

AbstractThe implementation of academic freedom can be difficult both for policymakers and university authorities. A good example of these difficulties is the case of Poland. These difficulties stem from three factors: a weak legal tradition of academic freedom, a lack of legal definition of this freedom and the transition of Polish universities from the collegial to the managerial management model. This article analyzes the impact of these three factors on the situation of Polish scientists. It is very plausible that the introduction of a legal definition of academic freedom to the Law on Higher Education and Science could mitigate the tendency to limit academic freedom in Poland. Such a definition would make it difficult for governments, faculty and university authorities to interfere with this right and make it easier for researchers to assert their rights in court.

scholarly journals Operational Optimization of the Electromechanical System in Non-deterministic Conditions

2020 ◽  
Vol 19 ◽  
Keyword(s):  
Mathematical Model ◽  
Control System ◽  
Technical Problem ◽  
Control Object ◽  
Electromechanical System ◽  
Operational Optimization ◽  
The Moment ◽  
Definition Of ◽  
The Impact ◽  
The Mathematical Model

On the basis of theoretical and practical studies of the electromechanical system, the scientific and technical problem of improving the control system of the electromechanical system during the impact on it of multi-vector perturbations is solved. The result of the study is the integration of differential equations with coefficients dependent on the oscillations of the control object. In the theoretical part, the mathematical model of the electromechanical system was synthesized, which made it possible to investigate ways of minimizing the deviation angles and time intervals required to stabilize the motion of the electromechanical system, which allowed indirectly to realize the associated signal with the stochastic nature of the moment of oscillation of the control object on the coordinate plane. The method of parametric optimization of the mathematical model of the electromechanical system in the function of the angle of inclination is also improved and investigated. Based on the definition of the structure and algorithms of work, the efficiency of the control system of the electromechanical system increases in terms of reducing the stabilization time of the control object.

Political Context and Attitude Change

1987 ◽  
Vol 81 (2) ◽  
pp. 471-490 ◽  
Author(s):  
Michael MacKuen ◽  
Courtney Brown
Keyword(s):  
Attitude Change ◽  
Panel Study ◽  
Political Context ◽  
Political Debate ◽  
Residential Neighborhood ◽  
National Election Study ◽  
The Social ◽  
The Moment ◽  
Definition Of ◽  
The Impact

Political context has an important impact on individual attitude change. This is an analysis of the dynamic effects of contextual variables. Drawing on data taken from the American National Election Study (ANES) panel study, we demonstrate that the environment shapes the way the citizen views politics. While varying in degree, the results hold for a broad (county-level) and a narrow (residential neighborhood-level) definition of the relevant context. The patterns involved suggest that citizens' evaluations of candidates and parties are most directly influenced by what their neighbors are saying at the moment, that is to say, the content of current discussion. In contrast, citizens' self-identification evinces sensitivity to the more stable partisan character of the environment. The results indicate that the impact of social influence is crucially dependent on the nature of contemporary political debate and that the social setting serves as an intervening mechanism in the broader communication system and not merely as an exogenous source for political information.

scholarly journals Pozycja prawna notariusza w sprawach spadkowych o charakterze transgranicznym Glosa do wyroku Trybunału Sprawiedliwości Unii Europejskiej w sprawie C-658/17 WB

2020 ◽  
Vol 27 ◽  
pp. 303-317
Author(s):  
Kinga Konieczna
Keyword(s):  
European Union ◽  
The European Union ◽  
Legal Definition ◽  
Cross Border ◽  
Court Of Justice ◽  
Definition Of ◽  
Legal Classification

The commentary presents an analysis of a thesis presented by the Court of Justice of the European Union in Judgment of 23rd of May 2018. The question referred to the Court in case C-658/17 WB concerned legal definition of a ‚court’ and legal classification of the national deed of certification of succession under the provisions of Regulation(EU) No 650/2012. The Judgment states that notary in Poland that draw up a deed of certificate of succession at the unanimous request of all the parties, does not constitute a ‚court’ within the meaning of that provision. Subsequently, a deed drawn up by such authority does not constitute a ‘decision’ within the meaning of that provision. The Judgment is particularly relevant since its impact extends to national certificates of succession issued by notaries in other countries, that are part of the Latin part notary system. In conclusion it is indicated, that the Judgment rendered by Tribunal, although highly rightful, relates to merely one of numerous issues concerning use of authentic documents in cross-border succession cases.

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