The Child as Damage in the Light of Austrian Law

2016 ◽  
Keyword(s):  
Austrian Law

scholarly journals Transposition of European Guidelines for Energy Communities into Austrian Law: A Comparison and Discussion of Issues and Positive Aspects

Energies ◽  
2021 ◽  
Vol 14 (13) ◽  
pp. 3922
Author(s):  
Bernadette Fina ◽  
Hubert Fechner
Keyword(s):  
Renewable Energy ◽  
Electricity Market ◽  
Clean Energy ◽  
Detailed Comparison ◽  
Regulatory Framework ◽  
Policy Makers ◽  
European Guidelines ◽  
Subsequent Discussion ◽  
Grid Operators ◽  
Austrian Law

The Renewable Energy Directive and the Electricity Market Directive, both parts of the Clean Energy for all Europeans Package (issued in 2019), provide supranational rules for renewable energy communities and citizen energy communities. Since national transpositions need to be completed within two years, Austria has already drafted corresponding legislation. This article aims at providing a detailed comparison of the European guidelines and the transposition into Austrian law. The comparison not only shows how, and to what extent, the European guidelines are transposed into Austrian law, but also helps to identify loopholes and barriers. The subsequent discussion of these issues as well as positive aspects of the Austrian transposition may be advantageous for legislators and policy makers worldwide in their process of designing a coherent regulatory framework. It is concluded that experts from different areas (i.e., project developers, scientists concerned with energy communities, energy suppliers and grid operators) should be closely involved in the law-making process in order to introduce different perspectives so that a consistent and supportive regulatory framework for energy communities is created.

scholarly journals Development of a Tool to Analyze the Economic Viability of Energy Communities

2021 ◽  
Vol 6 ◽  
pp. 28
Author(s):  
Fernando Carreras ◽  
Gerald Steinmaurer
Keyword(s):  
Smart Grids ◽  
Economic Viability ◽  
Test Case ◽  
Computational Tools ◽  
Energy Flows ◽  
Global Cost ◽  
Trade Prices ◽  
Operative Costs ◽  
Austrian Law ◽  
Effective Analysis

Energy Communities (EC) are an instrument to improve the efficiency and autarky of Smart Grids by increasing the local consume of the energy locally produced. Energetic (energy flows, CO2 emissions) and economic (operative costs, acquisition and maintenance of technologies) aspects of all components of the EC must be evaluated to quantify the participation of the EC to achieve the proposed goal. Effective analysis of EC must account for numerous complexities and uncertainties, requiring advanced computational tools. The main contribution of this paper is the introduction of a software package to analyze the viability of ECs focused on the particularities imposed by the new Austrian law for renewable energies, which optimizes the energy flows between all participants. The results of the test case show more than a 14.2% reduction of global cost. At the same time, all participants achieve better results operating inside of the EC than alone. The range of cost reductions varies between 2.75% and 51%. The spread of these reductions opens a question about a fair and optimal way to set trade prices inside of the EC for future works.

scholarly journals The Effect of Enforceability

Lexonomica ◽  
2021 ◽  
Vol 13 (1) ◽  
pp. 17-28
Author(s):  
Bettina Nunner-Krautgasser
Keyword(s):  
Member State ◽  
European Law ◽  
Member States ◽  
Coercive Measures ◽  
Res Judicata ◽  
Performance Judgments ◽  
Austrian Law ◽  
The Eu

In this paper, the author focuses on the effect of enforceability, in particular in relation to Austrian law. However, insights into German and European law are also provided. Enforceability is an effect of a judgment which is basically only granted to performance judgments. Declaratory and constitutive decisions (with the exception of the decision on costs) are not enforceable as such. As a result, the order for performance contained in the judgment can be enforced by state coercive measures. Enforceability occurs upon termination of the performance period. Enforceability is neither a consequence of, nor necessarily coincides with, res judicata. The introduction of the Brussels Ia Regulation has fundamentally changed the system of enforcement of foreign decisions. Decisions given in the EU Member State and enforceable in that State are now enforceable in another Member States without the need for a declaration of enforceability.

Bilingual, Inclusive, Mixed-Age Schooling in Vienna

2019 ◽  
pp. 133-148
Author(s):  
Silvia Kramreiter ◽  
Verena Krausneker
Keyword(s):  
Bilingual Education ◽  
Sign Language ◽  
Hard Of Hearing ◽  
Current Model ◽  
Teaching Philosophy ◽  
Age Classes ◽  
Austrian Law ◽  
Mixed Age ◽  
Individual Placement

In 1993 Austrian law established the option of co-enrollment of pupils with and without disabilities. Simultaneously, the first endeavors with bimodal bilingual schooling of deaf and hard-of-hearing pupils started. This chapter summarizes Austrian experiences with bimodal bilingual education since the 1990s and offers information about its legal and political backdrop. Various models in different regions are summarized, with a focus on Vienna. The current model practiced in Vienna is described in detail: it is bilingual and inclusive, encompasses pupils of mixed ages, and has a progressive teaching philosophy. In Austria, these models always include two teachers per classroom. Mixed-age classes are the answer to low numbers of DHH pupils, and the resulting group inclusion is an alternative to the (socially and linguistically problematic) practice of individual placement of one deaf, sign language-using pupil. The chapter concludes with a discussion of the benefits of and prerequisites for successful bimodal bilingual co-enrollment.

Compulsory Portion and Other Aspects of Family Protection in Austria

2020 ◽  
pp. 233-267
Author(s):  
Christiane Wendehorst
Keyword(s):  
Family Members ◽  
Major Reform ◽  
The Law ◽  
Law Of Succession ◽  
Austrian Law ◽  
Close Family ◽  
Consistent Approach

The Austrian law of succession boasts some rather strong mechanisms for overriding a will in the interest of surviving family members. Taken together, the law of compulsory portion, the various statutory legacies, and the maintenance claims significantly reduce a testator’s freedom to pass on his or her property as the testator deems appropriate. Yet, Austrian law does not necessarily ensure that all close family members obtain minimum levels of subsistence, as the group of individuals entitled to family protection benefits is small and more or less restricted to the surviving spouse or registered partner and descendants. The position of the surviving spouse or registered partner has been continuously strengthened over the years but there is still an unfortunate discrepancy between what a surviving spouse or partner is entitled to upon death as compared with the situation upon divorce. The existing patchwork of mechanisms does not seem to have created significant problems, but still it is fair to say that the Austrian law of family protection lacks a consistent approach. This is still true after major reform in 2015, which to some extent restricted entitlements under the law of compulsory portion but also introduced further compulsory benefits. Most conspicuously, the new ‘care legacy’ may entail sweeping changes for smaller estates, and it may well happen that the whole estate goes to one or several caring family members, with heirs possibly even having to pay out of their own pockets.

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