scholarly journals El Proceso de Modernización del Lenguaje Jurídico en el RU, EEUU y España y su Reflejo en el Lenguaje Utilizado por los Jueces

2017 ◽  
Vol 4 ◽  
pp. 85-101
Author(s):  
Mariana Relinque
Keyword(s):  
European Union ◽  
Legal Profession ◽  
The European Union ◽  
Legal Practice ◽  
Plain Language ◽  
Legal Language ◽  
Western Countries ◽  
Almost All

Resumen: El lenguaje jurídico tradicional se ha caracterizado por ser un lenguaje hermético, rebuscado y difícil de comprender. Sin embargo, debería poder expresarse con claridad, pues no tiene como destinatarios únicos a los juristas, sino también a los ciudadanos. De esta forma, han surgido movimientos en prácticamente todos los países occidentales para conseguir la simplificación del lenguaje jurídico. Los países de habla inglesa son los que más han avanzado en este campo, especialmente los Estados Unidos. En la Unión Europea se redactan los documentos de acuerdo con las normas del lenguaje jurídico simplificado. En España se ha avanzado muy poco en este tema, ya que a pesar de que se han puesto en marcha varias iniciativas desde el Gobierno, ninguna se ha visto reflejada en la práctica.Abstract: Traditional legal language has been described as cluttered, wordy and difficult to understand. However, legal language should be clear and correct, since it is not only the language of the legal profession, but it is also used to communicate with citizens. Thus, movements campaigning against legalese started to appear in almost all the Western countries. At present, Plain English movements have been the most successful ones, especially in theUnited States. In the European Union, documents are written following the rules of plain language. InSpain, despite different governmental initiatives, plain Spanish is not used in legal practice. 

scholarly journals Slovenian legal language from the standpoint of a Slovenian language expert

Linguistica ◽  
2013 ◽  
Vol 53 (2) ◽  
pp. 227-236 ◽  
Author(s):  
Andreja Žele
Keyword(s):  
European Union ◽  
Regular Language ◽  
Language Use ◽  
Legal Order ◽  
The European Union ◽  
Parallel Study ◽  
Legal Practice ◽  
Legal Language ◽  
Legal Norms ◽  
Legal Texts

The paper draws attention to the current issues of legal language use within oneʼs own language, in this case Slovenian. We use specific cases to point out the additional semantic stress on legal terminology, word-formational variations and their (non-)acceptability, the need to take into consideration grammatical categories such as semantic definiteness in adjectives, and perfective and imperfective aspects in verbs and gerunds, as well as the (non-)justification of conversions within multiword legal terms. In this regard it is established that whatever is ambiguous in legal terminology is at the same time also wrong. Comment is made on the lexico-grammatical response of legal Slovenian to the inclusion of concepts of the transnational legal order, i.e. the legal order of the European Union. The analysis uses Slovenian legal texts and translated legal texts all approved by the competent legal institutions for linguistic analysis and the legal lexis which had already been included in language-oriented discussions. According to the issues presented, the study of law (i.e. legal norms, legal science and legal practice) reveals a constant need, or rather impetus, to introduce a parallel study course dealing with regular language based and linguistic updates of legal Slovenian.

Fixing, Adjusting, Regulating, Protecting Human Rights - The Shifting Uses of Regularisations in the European Union

2011 ◽  
Vol 13 (3) ◽  
pp. 297-316 ◽  
Author(s):  
Albert Kraler
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
The European Union ◽  
Human Rights Law ◽  
Irregular Migrants ◽  
National Human ◽  
Almost All ◽  
Human Rights Based Approach ◽  
The Eu

AbstractAlmost all Member States in the European Union currently make use, or in the past have made use of some form of regularisation of irregular immigrants, although to greatly varying degrees, in different ways and as a rule only reluctantly. A distinct feature of recent regularisations has been the shift towards a humanitarian justification of regularisation measures. In this context, regularisation has become reframed as an issue of the protection of irregular migrants’ human rights. As a result, regularisation has to some extent also been turned from a political tool in managing migration into an issue of international, European and national human rights law. While a human rights framework indeed offers a powerful rationale and at times compelling reasons why states ought to afford a legal status to irregular migrants, I argue that a human rights based approach must always be complemented by pragmatic considerations, as a human rights based justification of regularisation alone will be insufficient to find adequate responses to the changing presence of irregular migrants in the EU, not all of which can invoke human rights based claims to residence.

scholarly journals Data Sharing Under the General Data Protection Regulation

Hypertension ◽  
2021 ◽  
Vol 77 (4) ◽  
pp. 1029-1035
Author(s):  
Antonia Vlahou ◽  
Dara Hallinan ◽  
Rolf Apweiler ◽  
Angel Argiles ◽  
Joachim Beige ◽  
...  
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Research Approach ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Protection Legislation ◽  
General Data ◽  
Almost All

The General Data Protection Regulation (GDPR) became binding law in the European Union Member States in 2018, as a step toward harmonizing personal data protection legislation in the European Union. The Regulation governs almost all types of personal data processing, hence, also, those pertaining to biomedical research. The purpose of this article is to highlight the main practical issues related to data and biological sample sharing that biomedical researchers face regularly, and to specify how these are addressed in the context of GDPR, after consulting with ethics/legal experts. We identify areas in which clarifications of the GDPR are needed, particularly those related to consent requirements by study participants. Amendments should target the following: (1) restricting exceptions based on national laws and increasing harmonization, (2) confirming the concept of broad consent, and (3) defining a roadmap for secondary use of data. These changes will be achieved by acknowledged learned societies in the field taking the lead in preparing a document giving guidance for the optimal interpretation of the GDPR, which will be finalized following a period of commenting by a broad multistakeholder audience. In parallel, promoting engagement and education of the public in the relevant issues (such as different consent types or residual risk for re-identification), on both local/national and international levels, is considered critical for advancement. We hope that this article will open this broad discussion involving all major stakeholders, toward optimizing the GDPR and allowing a harmonized transnational research approach.

The Municipal Map in Portugal

2019 ◽  
pp. 275-292
Author(s):  
Barbara Luize Iacovino Barreiros
Keyword(s):  
European Union ◽  
The European Union ◽  
Member States ◽  
Territorial Structure ◽  
Territorial Organization ◽  
Consequent Reduction ◽  
Almost All ◽  
Large Groups ◽  
Do So

The municipality is the basic territorial organization for almost all the Member States of the European Union and has approximately the same attributions in all these. Even so, the territorial structure of municipalities differs in each of the Member States, and it is possible to group them into two large groups: those that have implemented reforms with a consequent reduction in the number of these entities and those with a high number of municipalities. Although Spain is a neighbor of Portugal and Portugal gets some influences from France, in fact the territorial organization of municipalities corresponds to very different realities. Through this research you can see that Portugal did reform its municipalities while France and Spain failed to do so. However, they all recognize that there is a need to reform the territorial structure of municipalities.

Introduction

2019 ◽  
pp. 1-7
Author(s):  
Mitchell A. Orenstein
Keyword(s):  
European Union ◽  
Political Polarization ◽  
Delayed Response ◽  
Eastern European ◽  
The European Union ◽  
The West ◽  
Western Countries ◽  
The Core ◽  
Hybrid War

This introductory chapter outlines the core argument of the book: that as Russia ramped up its hybrid war on the West starting around 2007, politics in Western countries has become more similar to politics in the vulnerable “lands in between.” Russia’s hybrid war on the West has contributed to political polarization by promoting extremist parties and creating a sense that every election presents voters with a “civilizational choice” between Russia and the West or authoritarianism and democracy. Paradoxically, many of the leaders that rise to the top in these conditions are those who find ways to profit from both sides. They benefit from the sponsorship of pro-Russia and pro-Western interests to enrich themselves in the process. The plan of this book is simple. It starts with exploring the nature of Russia’s hybrid war on the West and the West’s delayed response. Then it shows how this conflict shapes the politics of the lands in between, Central and Eastern European member states of the European Union, and core Western countries.

A Limited Survey of Heavy Metal Concentrations in Fresh and Frozen Cuttlefish Ink and Mantle Used As Food

2018 ◽  
Vol 81 (2) ◽  
pp. 290-294 ◽  
Author(s):  
Daniele Conficoni ◽  
Leonardo Alberghini ◽  
Elisa Bissacco ◽  
Barbara Contiero ◽  
Valerio Giaccone
Keyword(s):  
Heavy Metal ◽  
European Union ◽  
Heavy Metal Contamination ◽  
Freezing Process ◽  
The European Union ◽  
Limit Of Quantification ◽  
Metal Concentrations ◽  
Heavy Metal Concentrations ◽  
Fresh Products ◽  
Almost All

ABSTRACT Cuttlefish ink is consumed as a delicacy worldwide. The current study is the first assessment of heavy metal concentrations in cuttlefish ink versus mantle under different storage methods. A total of 212 samples (64 of fresh mantle, 42 of frozen mantle, 64 of fresh ink, and 42 of frozen ink) were analyzed for the detection of the following heavy metals: arsenic (As), chromium (Cr), iron (Fe), lead (Pb), mercury (Hg), and cadmium (Cd). The median As concentrations were 12.9 mg/kg for fresh mantle, 8.63 mg/kg for frozen mantle, 10.8 mg/kg for frozen ink, and 0.41 mg/kg for fresh ink. The median Cr concentrations were 0.06 mg/kg for fresh mantle and frozen ink, 0.03 mg/kg for frozen mantle, and below the limit of quantification (LOQ) for fresh ink. The median Fe concentrations were 4.08 mg/kg for frozen ink, 1.51 mg/kg for fresh mantle, 0.73 mg/kg for frozen mantle, and below the LOQ for fresh ink. The median Pb concentrations of almost all samples were below the LOQ; only two frozen ink, one fresh ink, one frozen mantle, and one fresh mantle sample exceeded the limit stipulated by the European Union. The Hg concentrations were statistically similar among the four categories of samples; the median Hg concentrations were below the LOQ, and the maximum concentrations were found in frozen ink, at 1.62 mg/kg. The median Cd concentrations were 0.69 mg/kg for frozen ink and 0.11 mg/kg for frozen mantle, fresh mantle and fresh ink concentrations were below the LOQ, and in 11.3% of the tested samples, Cd concentrations were higher than the European Union limit. The probability of samples having a Cd concentration above the legal limit was 35.75 times higher in frozen than in fresh products. Fresh ink had significantly lower concentrations of As, Cr, Fe, and Cd, but the concentrations of Hg and Pb were not significantly different from those of other products. Frozen ink had significantly higher concentrations of Cd, Cr, and Fe, but concentrations of As were lower than those in fresh mantle, pointing out a possible role for the freezing process and for different fishing zones as risk factors for heavy metal contamination.

Conclusion: The Comparative Politics of Reform and Lessons for Ukraine

2016 ◽  
Author(s):  
Henry E. Hale ◽  
Robert Orttung
Keyword(s):  
European Union ◽  
Comparative Politics ◽  
The European Union ◽  
Formal Institutions ◽  
Political Actors ◽  
Western Countries ◽  
Informal Practices ◽  
The Difference

The concluding chapter by Henry Hale and Robert Orttung identifies several common threads running through the chapters in the volume. Among these are the importance of taking into account that formal institutions will not work the same way they do in Western countries thanks to local informal practices, the difference between deeply embedded obstacles to reform and those that are more contingent, the need to focus on long-term solutions, how realistic various reform proposals are in light of the incentives of political actors who have the power to enact them, and the notion that many of the reforms discussed in the volume can reinforce each other. Ultimately, perhaps the single most important driver for change in Ukraine is the European Union.

Spain: A Success Story Shadowed Only by a Poor Productivity Performance

2007 ◽  
Vol 200 ◽  
pp. 87-95
Author(s):  
Matilde Mas ◽  
Javier Quesada
Keyword(s):  
European Union ◽  
Productivity Growth ◽  
Construction Sector ◽  
The European Union ◽  
Success Story ◽  
Spanish Economy ◽  
Multifactor Productivity ◽  
Service Sectors ◽  
Almost All ◽  
Very High

Since joining the European Union in 1986, the performance of the Spanish economy has been quite remarkable, acting as a good example for new entrants of what can be accomplished in twenty years. Its ability to generate employment has been astonishing. Departing from an environment of very high unemployment (close to 25 per cent), Spain has become the country of destination most preferred by immigrants. However, it has also had a scant productivity performance. The main burden on productivity growth lies with the construction sector and almost all private service sectors with the unique exception of the financial sector. Most likely, over the next years, the continuity of the Spanish success will require a reversal of the sources of growth, shifting from labour creation to improvements in multifactor productivity.

scholarly journals Does the Slovak Republic Fulfil European Requirements on Recognition of Foreign Decisions on Custodial Sentences?

2020 ◽  
Vol 20 (2) ◽  
pp. 215-230
Author(s):  
Libor Klimek
Keyword(s):  
European Union ◽  
Slovak Republic ◽  
Mutual Recognition ◽  
Relevant Literature ◽  
Case Law ◽  
Historical Background ◽  
The European Union ◽  
Legal Practice ◽  
National Implementation ◽  
Criminal Matters

Summary Mutual recognition of judicial decisions in criminal matters permits decisions to move from one European State to another. It is a key element for the development of judicial co-operation in criminal matters in the European Union. Its implementation, including recognition of judgments on custodial sentences, was one of the main areas of European Union activity regarding criminal justice. The Slovak Republic has implemented European requirements. The question which begs consideration is whether Slovak national law fulfils such requirements and if they are applicable in Slovak legal practice. The assessment of national implementation of European requirements on recognition of judgments on custodial sentences and its applicability in Slovak legal practice is therefore needed. The paper analyses relevant literature, legislation, case-law and related official documents of the European Union. Moreover, it compares Slovak national law with European requirements. At the outset it briefly assets historical background of the mechanism. In principle, the system works, but there is the possibility for its enhancement..

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