Vorinsolvenzlicher Restrukturierungsrahmen für Deutschland unter dem Einfluss der EU-Restrukturierungsrichtlinie

2022 ◽  
Author(s):  
Jan Singer
Keyword(s):  
Minimally Invasive ◽  
Evaluation Process ◽  
Cost Effective ◽  
Legal Framework ◽  
The Political ◽  
Political Pressure ◽  
Cost Effective Alternative ◽  
Insolvency Proceedings ◽  
First Time ◽  
The Eu

Under the political pressure of the COVID-19 pandemic, the German legislature implemented the EU Restructuring Directive at record speed with the StaRUG, thus creating for the first time a legal framework for corporate restructuring outside of insolvency proceedings. This study examines the highly topical transposition act in terms of its practical suitability and, on the basis of remaining regulatory gaps, develops an alternative doctrinal and structural approach that initiates further reform debates in the upcoming evaluation process. The author concludes that, de lege ferenda, German restructuring law should be enriched by a minimally invasive contractual framework that offers SMEs in particular a quick and cost-effective alternative.

scholarly journals OVERVIEW OF LEGAL FRAMEWORK OF PUBLIC PRIVATE PARTNERSHIPS IN ALBANIA

2017 ◽  
Vol 5 ◽  
pp. 699-704
Author(s):  
Ermira Lleshi
Keyword(s):  
Legal Framework ◽  
Institutional Capacity ◽  
Public Private Partnerships ◽  
Transport Sector ◽  
The Political ◽  
Political Environment ◽  
Government Agencies ◽  
Potential Benefits ◽  
Eu Directives ◽  
The Eu

Albania has made positive steps in improving the legal framework of Public Private Partnerships (PPPs) and the political environment. The laws have encountered several amendments in the last 10 years, but there is still room for improvement. Albania has incorporated the EU directives and the UNCITRAL recommendations into PPPs legislation and we have to admit the effectiveness of the law 125/2013 “On concessions and public private partnership.” This paper aims to present a view of the actual legal and sublegal framework of PPPs in our country and to note the development of this sector in potential benefits for both sectors, private and public.Moreover, judicial quality has improved in Albania even though there is room for further improvement. Moreover, there has been noticed a strengthening of institutional capacity due to co-ordination of consultants and external advisers, but government agencies are at the early stages of developing PPPs. The political environment for PPPs is favourable, especially in the energy and transport sector. Further improvement is required in the transparency and fairness of procedures in practice.

scholarly journals ARTICLE 7 PROCESS AND DEMOCRATIC BACKSLIDING OF HUNGARY AND POLAND. DEMOCRACY AND THE RULE OF LAW

2020 ◽  
pp. 57-85
Author(s):  
Łukasz ZAMĘCKI ◽  
Viktor GLIED
Keyword(s):  
Rule Of Law ◽  
The Political ◽  
Eastern European ◽  
Council Of Europe ◽  
Checks And Balances ◽  
The Rule Of Law ◽  
History Of ◽  
Eastern European Countries ◽  
First Time ◽  
The Eu

This paper examines developments in Poland following the 2015 elections and in Hungary since 2010, which included the gradual destruction of democratic institutions, challenges to the rule of law, as well as to the system of checks and balances. The authors consider the Ziblatt–Levitsky model (2018) as a meaningful framework for the analysis of the way in which the power structure was reshaped and have based their research on the classification set out in this model. Our objective is to present the political changes that took place in the two Central-Eastern-European countries during the last decade that resulted in the process under Article 7 being used for the first time in the history of the EU. The paper conclusion is that the path of de-democratization of Hungary and Poland is seen from the perspective of the EU and Council of Europe, as similar one. In actions taken toward both countries, the EU concerns mostly the principle of the rule of law.

Denitrification with methanol in tertiary filtration at wastewater treatment plant Zürich-Werdhölzli

1997 ◽  
Vol 36 (1) ◽  
pp. 165-172 ◽  
Author(s):  
G. Koch ◽  
H. Siegrist
Keyword(s):  
Wastewater Treatment ◽  
Wastewater Treatment Plant ◽  
Wastewater Treatment Plants ◽  
Treatment Plant ◽  
Cost Effective ◽  
Normal Operation ◽  
Yield Coefficient ◽  
Cost Effective Alternative ◽  
The Eu

In co-ordination with the EU-guidelines the large wastewater treatment plants in Switzerland have to be extended with enhanced nitrogen removal. Denitrification in tertiary filtration is a cost-effective alternative to extended denitrification in the activated sludge system, which needs additional reactor volume. At the wastewater treatment plant Zürich-Werdhölzli full-scale experiments of denitrification with methanol in tertiary filtration were performed during a summer and a winter campaign of 4 months each. For this purpose one of the original 22 filter cells was equipped with a methanol dosage. At temperatures of 12-15°C rates of denitrification of about 1.0 kgN m−3 d−1 are attained. After main backwashing, denitrification is significantly reduced. Frequent backwashings (several times per day) led to methanol breakthroughs due to biofilm loss. The yield coefficient YCOD was 0.4 kg CODX kg−1 CODme. In spite of methanol dosage the quality of the filter effluent was very good during normal operation in the winter campaign. Accumulation of the nitrite intermediate product was observed in summer at temperatures of 20-22°C.

scholarly journals Politicization and conflict in the relationship with the European Union: an analysis of Italian Prime Ministers' parliamentary speeches

2020 ◽  
pp. 1-24
Author(s):  
Eugenio Salvati
Keyword(s):  
European Union ◽  
Negative Attitude ◽  
Point Of View ◽  
The Political ◽  
Political Elites ◽  
The European Union ◽  
Sharp Criticism ◽  
First Time ◽  
The Relationship ◽  
The Eu

Abstract In recent years, the relationship between Italy and the European Union (EU) has worsened due to the emergence of an increasingly negative attitude towards the question of European integration. The growth in citizens' disaffection with, and hostility towards, the political elites is part of a more general trend witnessed throughout the EU. From this point of view, an understanding of whether, and in what way, the role of Prime Minister (PM) has been affected by this change of perspective, especially following the various crises affecting the EU in the last 10 years, would be worthwhile we believe. This article examines the political positions of all PM during the so-called Second Republic (1994–now), by means of a longitudinal content analysis. This analysis reveals that after 2008, and for the first time in the history of the Italy–EU relationship, PMs' speeches have included sharp criticism of the EU. In particular, two PMs (Renzi and Conte) have clearly rejected those conditionality mechanisms implied by the EU. The results of this study confirm the start of a phase of strong conflict/politicization in regard to the EU and its institutional functioning. This article contributes to the broader literature concerning the study of the relationship between political elites and the EU, by focusing for the first time not simply on party leaders but on one of the most important institutional roles in the Italian political system (the Presidenza del Consiglio).

The EU Whistleblower Directive and its Transposition: Part 1

2020 ◽  
pp. 203195252096909
Author(s):  
Simon Gerdemann ◽  
Ninon Colneric
Keyword(s):  
European Union ◽  
Regulatory Elements ◽  
Legal Framework ◽  
Policy Debate ◽  
The European Union ◽  
Member States ◽  
Depth Analysis ◽  
European Union Legislation ◽  
First Time ◽  
The Eu

On 16 December 2019, Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law entered into force (hereinafter: Whistleblower Directive; WBD). Based on a Commission proposal of 23 April 2018 and accompanied by an intensive policy debate, the final version of the Directive represents the most far-reaching piece of European Union legislation in the field of whistleblowing law to date, both in terms of depth and scope of regulation. The Member States of the European Union are now obliged to transpose the Directive’s provisions essentially by 17 December 2021. For most Member States, this will mark the first time they will adopt a comprehensive whistleblowing law. Hence, the transposition of the WBD will bring with it various challenges, but also multiple opportunities to improve the current legal framework and its practical implications, both of which are discussed in this two-part article series.  Part 1 of the series will first discuss the Directive’s background and the main regulatory elements, followed by an in-depth analysis of its material and personal scope as well as the general conditions for whistleblower protection.

scholarly journals PROBLEMS OF TOLERANCE/INTOLERANCE IN THE POLITICAL SPHERE OF ESTONIA AND LATVIA

2020 ◽  
Vol 3 (2) ◽  
pp. 147-153
Author(s):  
Nataliya M. Khoma
Keyword(s):  
Hate Speech ◽  
Comparative Method ◽  
Legal Framework ◽  
The Political ◽  
Quality Of Democracy ◽  
Same Sex Couples ◽  
Baltic Countries ◽  
Liberal Democratic ◽  
The Eu

The aim of the article is to study the problems of intolerance in the Young Democracies of the EU on the example of Estonia and Latvia. The article is prepared on the basis of methodologies of neo-institutionalism, axiological (value) approach and comparative method. It has been proven that at the institutional level in Estonia and Latvia there is an understanding of the importance of preventing and combating intolerance. At the same time, in practice in these states there are manifestations of intolerance. An urgent problem is the rise of hate speech in political discourse. Tolerance towards members of sexual minorities remains acute, especially in Latvia. There has been some progress by Estonia in combating intolerance with regard to legalization for same-sex couples in civil partnerships. It is noted that the level of intolerance of Estonian society is significantly influenced by the political course of the ruling party EKRE. The author of the article argues that the voting of a significant number of Estonians and Latvians for parties that support anti-Semitic, xenophobic, homophobic, neo-racism, misogynistic ideas, shows the lack of stability of liberal-democratic values in the political and legal culture of the population. The state policy of the analyzed Baltic countries on combating intolerance covers only a part of the problems, and a number of others are silenced or openly ignored. The legal framework of Estonia and Latvia is not fully in line with EU law. Some EU recommendations on minimizing situations conducive to the spread of intolerant practices have not been implemented by Estonia and Latvia. As the range of problems of the quality of democracy in the EU countries has been steadily expanding in the last decade, their study remains a relevant area for political science. The article is theoretical in type using empirical data.

2D Color-Intensity Representation of Ultrasonic Thickness Gauge Measurements

2020 ◽  
pp. 1192-1198
Author(s):  
M.S. Mohammad ◽  
Tibebe Tesfaye ◽  
Kim Ki-Seong
Keyword(s):  
Cost Effective ◽  
The Other ◽  
Thickness Gauge ◽  
Color Intensity ◽  
Digital Readout ◽  
Flat Surfaces ◽  
Video Cameras ◽  
Wide Range ◽  
Cost Effective Alternative ◽  
Ultrasonic Thickness

Ultrasonic thickness gauges are easy to operate and reliable, and can be used to measure a wide range of thicknesses and inspect all engineering materials. Supplementing the simple ultrasonic thickness gauges that present results in either a digital readout or as an A-scan with systems that enable correlating the measured values to their positions on the inspected surface to produce a two-dimensional (2D) thickness representation can extend their benefits and provide a cost-effective alternative to expensive advanced C-scan machines. In previous work, the authors introduced a system for the positioning and mapping of the values measured by the ultrasonic thickness gauges and flaw detectors (Tesfaye et al. 2019). The system is an alternative to the systems that use mechanical scanners, encoders, and sophisticated UT machines. It used a camera to record the probe’s movement and a projected laser grid obtained by a laser pattern generator to locate the probe on the inspected surface. In this paper, a novel system is proposed to be applied to flat surfaces, in addition to overcoming the other limitations posed due to the use of the laser projection. The proposed system uses two video cameras, one to monitor the probe’s movement on the inspected surface and the other to capture the corresponding digital readout of the thickness gauge. The acquired images of the probe’s position and thickness gauge readout are processed to plot the measured data in a 2D color-coded map. The system is meant to be simpler and more effective than the previous development.

Politični položaj na Slovenskem leta 1919

2020 ◽  
Vol 20 (2020) (2) ◽  
pp. 359-394
Author(s):  
Jurij Perovšek
Keyword(s):  
State Government ◽  
The State ◽  
The Political ◽  
Liberal Party ◽  
New Era ◽  
Party Organisation ◽  
Western Border ◽  
Historical Phenomenon ◽  
First Time ◽  
Similar Development

For Slovenes in the Kingdom of the Serbs, Croats and Slovenes the year 1919 represented the final step to a new political beginning. With the end of the united all-Slovene liberal party organisation and the formation of separate liberal parties, the political party life faced a new era. Similar development was showing also in the Marxist camp. The Catholic camp was united. For the first time, Slovenes from all political camps took part in the state government politics and parliament work. They faced the diminishing of the independence, which was gained in the State of Slovenes, Croats and Serbs, and the mutual fight for its preservation or abolition. This was the beginning of national-political separations in the later Yugoslav state. The year 1919 was characterized also by the establishment of the Slovene university and early occurrences of social discontent. A declaration about the new historical phenomenon – Bolshevism, had to be made. While the region of Prekmurje was integrated to the new state, the questions of the Western border and the situation with Carinthia were not resolved. For the Slovene history, the year 1919 presents a multi-transitional year.

A Confrontation between Two Doctrines: The Birth of Struggle for Hegemony in Hebrew Children's Literature during the 1930s and 1940s

2008 ◽  
Vol 1 (2) ◽  
pp. 139-155 ◽  
Author(s):  
YAEL DARR
Keyword(s):  
Children's Literature ◽  
Educational System ◽  
Single Channel ◽  
Children’S Literature ◽  
The Political ◽  
Literary Creation ◽  
History Of ◽  
High Level ◽  
First Time ◽  
Literary Quality

This article describes a crucial and fundamental stage in the transformation of Hebrew children's literature, during the late 1930s and 1940s, from a single channel of expression to a multi-layered polyphony of models and voices. It claims that for the first time in the history of Hebrew children's literature there took place a doctrinal confrontation between two groups of taste-makers. The article outlines the pedagogical and ideological designs of traditionalist Zionist educators, and suggests how these were challenged by a group of prominent writers of adult poetry, members of the Modernist movement. These writers, it is argued, advocated autonomous literary creation, and insisted on a high level of literary quality. Their intervention not only dramatically changed the repertoire of Hebrew children's literature, but also the rules of literary discourse. The article suggests that, through the Modernists’ polemical efforts, Hebrew children's literature was able to free itself from its position as an apparatus controlled by the political-educational system and to become a dynamic and multi-layered field.

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