Die dienstrechtliche Fürsorgepflicht in der Rechtsprechung des Gerichts für den öffentlichen Dienst der Europäischen Union

2019 ◽  
Author(s):  
Ulrich Reithmann

This work offers a profound insight into the development and background of today’s EU civil service law. It analyses the recent judgements of the EU courts concerning the duty of care as a part of the reciprocal duties of both employer and employee, and forms groups of application. This analysis is based on the review of the complete jurisprudence of the Civil Service Tribunal (CST), and on its interpretation, aiming at a consistent understanding of the duty of care. This work offers the practitioner of law all necessary information on content and rank of the duty of care in relation to the other rules and principles of law. The author, on the basis of studies and professional experience in Munich, Strasbourg, Paris and Brussels, has been working and publishing in the field of civil service law, European law and EU civil service law for more than 20 years, and has published a series of reviews on the complete jurisprudence of the CST.

Author(s):  
Ariane Bogain ◽  
Florence Potot

In an era of increased globalisation, the need for a sense of belonging and an identity is becoming more pressing. The way nations form images of others and, conversely, conscious or unconscious images of themselves is becoming increasingly important as these images impact on public opinion and on political and decision-making discourse. With the development of supranationalism in Europe, the age-old notion of European identity has come more and more to the fore. Conflicting interpretations and a general disinclination to consider the matter leave the notion of European identity as polysemic as ever. Furthermore, the expansion of the EU has contributed to blurring this notion, so much so that in the collective psyche, it has become closely linked to the membership of the European Union and it is proving sometimes difficult to dissociate one from the other. In this context, the debate surrounding Turkey’s membership of the EU gives an insight into prototypical and stereotypical representations of Europe. As the controversy has been particularly salient in France, the aim of this study is to explore the European self-conceptions and images of the other through the example of France’s opposition to Turkey’s membership of the EU. For this purpose, opinion polls and the Press will be used as forms of narrative in order to highlight these representations and how they have evolved in time. The first part of the study will concentrate on the arguments put forward to justify the opposition to Turkey joining the EU. The second part will then evaluate how the image of the other contributes to the prototypical representation French citizens have of Europe.


Author(s):  
Primrose E.R. Kurasha

In this investigation, I will compare and contrast the UNCITRAL model law on cross-border insolvency law (hereafter referred to as ‘UNCITRAL model law’) with the EU Insolvency Regulation against the backdrop of various sources or dispensations of cross-border insolvency law. In this comparison, I will highlight the similarities and differences between the two, as well as discuss the other sources in depth, as they largely inform my research. My main aim in including the other sources in this comparative study is to provide deeper insight into these two sources of international cross-border insolvency law, as provided for by academics and sages in the field of insolvency law. These other sources include legislation, common law, treaties and regional dispensations.


Author(s):  
Ilias Kapsis

This chapter focuses on the Court of Justice of the European Union (CJEU), the judicial arm of the European Union. The CJEU consists of three courts: the Court of Justice, the European General Court, and the Civil Service Tribunal. Its mission is to ensure that ‘in the interpretation and application’ of the treaties of the Union ‘the law is observed’. The chapter first traces the history of the CJEU before discussing issues of structure and procedure, the extent of the Courts' jurisdiction, and their role in the promotion of European integration. It then considers the criticism directed at the CJEU for the way it exercises its judicial powers, and more specifically the reaction of member states to its ‘judicial activism’. It concludes with an assessment of the main challenges facing the EU courts.


Author(s):  
Caroline Naômé

Chapter 1 describes the ECJ’s situation in the 1980s and the negotiations which led to the creation of the Court of First Instance and the transfer of certain areas of jurisdiction from the Court of Justice to that court. Those changes in the EU Court structure created the need for an additional legal remedy: the ‘appeal’. The appeals system was then adjusted to accommodate later developments, such as the creation of the Civil Service Tribunal and the recast of the Rules of Procedure of the Court of Justice. Nowadays, it is the reform of the General Court which has the greatest impact on appeals before the Court of Justice.


2020 ◽  
Vol 17 (3) ◽  
pp. 586-632
Author(s):  
Graham Butler

The EU treaties allow the Union legislature to establish specialised courts within the institution of the Court of Justice. This possibility was inserted by the Treaty of Nice, and by 2005, the Union’s first and only specialised court to date was established—the Civil Service Tribunal (‘CST’). The judicial architecture of the Union has undergone transformative changes in recent years, and as part of the reforms, the CST was abolished in 2016, marking an abrupt end to the Union’s brief use of specialised courts. This article offers an interim post-mortem of specialised courts, examining the Union’s experimentalism with a three-tier judicial institution by focusing on two unique features. Firstly, the role of judges at specialised courts; and secondly, the review procedure that may be undertaken by the Court of Justice. The article contemplates the future of specialised courts, drawing some constitutional lessons that can be learnt from this brief experiment.


Babel ◽  
2017 ◽  
Vol 63 (6) ◽  
pp. 861-889
Author(s):  
Jeffrey Killman

Abstract Vocabulary is often considered one of the most difficult aspects of translating legal texts, and finding reliable textual supports is often a challenge too. This study presents the results of an experiment to use, as often as possible, multilingual EU resources with versions in Spanish and English as textual supports for a large sample of vocabulary that warranted research when the author was involved in translating into English a voluminous text of judgment summaries produced by the Supreme Court of Spain. In the majority of cases it was indeed possible to find high quality translations in EUR-Lex (Access to European Law) and IATE (InterActive Terminology for Europe), signaling, on the one hand, significant legal language overlap possibilities between the EU and Spain and, on the other, great potential for employing the former’s linguistic resources in the translation of the latter’s legal texts. Moreover, this study analyzes the results with an eye to linking the different types of vocabulary items that were searched to the different types of textual supports they were found in, to see how different kinds of supports (a collection of texts and their translations, such as EUR-Lex, or a multilingual terminological resource, such as IATE) might pair well with different kinds of vocabulary items. In this way the study also addresses some of the different opinions surrounding using online collections of texts and their translations (i.e. multilingual corpora) vs. multilingual terminological resources.


2016 ◽  
pp. 66-81
Author(s):  
Marek Rewizorski

This paper offers explanatory insight into the normative basis for the European Union’s participation in the G20, club of international cooperation perceived as a hub in the system of global governance. Despite a number of provisions of treaties, opinions and judgments of the ECJ governing the external dimension of the EU activity, presence of the EU in the G20 is based on informal basis, and its effectiveness is determined by arrangements between the Commission and the European Council. By investing in the paranormative model of representation in the G20, based on obscure delimitation of competences between the European Council and the Commission, the EU moved towards solutions that can be described as anomalies in a situation where each of the other members of the group strives to give its policy the greatest clarity and decisiveness.


Author(s):  
Stefan Scherbaum ◽  
Simon Frisch ◽  
Maja Dshemuchadse

Abstract. Folk wisdom tells us that additional time to make a decision helps us to refrain from the first impulse to take the bird in the hand. However, the question why the time to decide plays an important role is still unanswered. Here we distinguish two explanations, one based on a bias in value accumulation that has to be overcome with time, the other based on cognitive control processes that need time to set in. In an intertemporal decision task, we use mouse tracking to study participants’ responses to options’ values and delays which were presented sequentially. We find that the information about options’ delays does indeed lead to an immediate bias that is controlled afterwards, matching the prediction of control processes needed to counter initial impulses. Hence, by using a dynamic measure, we provide insight into the processes underlying short-term oriented choices in intertemporal decision making.


2014 ◽  
Vol 1 (1) ◽  
pp. 47-56
Author(s):  
Milan Palat

Bu çalışmanın amacı, Türkiye’den göç ve Almanya’nın ekonomik göstergeleri arasındaki ilişkiyi, nicel metot yöntemleri kullanarak değerlendirmektir. Türkiye’nin belirsiz Avrupa ile bütünleşme beklentilerine rağmen  Avrupa Birliğinin köklü üyelerine olan Türk göçü devam edecektir. Çok sayıda Türk azınlığın yaşadığı ve hayat standartlarının yüksek olduğu Almanya, Hollanda ve Fransa’ya  büyük bir göç dalgası gerçekleşebilir. Çalışmanın istatistiksel bölümünün sonuçları, toplam göç ile gayri safi yurtiçi hasıladaki büyüme arasında pozitif, toplam göç ile işsizlik arasındaki negatif ve tahmin edilen bağımlılık yönüyle uygunluk içerisinde olan toplam göç ile aylık gelir arasında pozitif ilişki olduğunu göstermektedir. Türkiye’den göçle işsizlik arasındaki ilişki, toplam göçle olan ilişkiden daha düşüktür. Ancak, Almanya’daki yabancı mevcudiyeti ile Türkiye’den göç arasında bir ilişki bulunmaktadır. Bu durum, var olan göçmen topluluğunun olduğu yerin, yeni göçmenleri, köken bağlarına dayanarak cezbetmesi ve maliyet- riskler sebebiyle göçün düşük seviye de olduğuna dayanan kuramsal Ağ teorisi görüşü ile uygunluk göstermektedir. Göç ve işsizlik arasında gözlenen ilişki, Almanya’ya göçün  işgücü piyasasında talepte meydana gelen değişime karşılık geldiği gerçeğini göstermektedir. İşsizlik ve göç olgularının meydana geliş zamanlarında bir aralık  olsa bile  göç, Alman emek pazarında var olan dengesizliklerin azaltılmasında nispeten etkili bir mekanizma gibi görünmektedir. ENGLISH TITLE & ABSTRACTTurkish Immigration to the European Union: The Case of GermanyThe objective of the paper was to evaluate the relationships between immigration from Turkey and economic indicators in Germany using  quantitative methods. Despite Turkey’s unclear European integration prospects, it is predicted that Turkish immigration to  established member countries of the EU will continue. The strongest waves may flow to Germany, Netherlands or France, where numerous Turkish minorities are already present and where the living standards are high. Results from the statistical analysis of the paper showed a positive correlation between immigration total and the growth of gross domestic product. On the other hand, a negative correlation of immigration total and unemployment was found and a positive relationship between immigration total and income total which is in agreement with the expected dependency direction. With regards to  immigration from Turkey it is less correlated to unemployment than immigration total. But there is a correlation between immigration from Turkey and the stock of foreigners in Germany This is in accordance with the theoretical concept of network theory where an existing community of migrants keeps attracting new migrants because the costs and risks associated with migration are lower, thanks to established linkages to the country of origin. The observed correlation of migration and unemployment points to the fact that immigration to Germany responds to changes in demand in the labour market. Even though a time lag may occur in the case of unemployment and immigration, migration appears to be a relatively effective mechanism to offset existing imbalances in German labour markets. 


2011 ◽  
Vol 29 (supplement) ◽  
pp. 283-304 ◽  
Author(s):  
Timothy R. Brick ◽  
Steven M. Boker

Among the qualities that distinguish dance from other types of human behavior and interaction are the creation and breaking of synchrony and symmetry. The combination of symmetry and synchrony can provide complex interactions. For example, two dancers might make very different movements, slowing each time the other sped up: a mirror symmetry of velocity. Examining patterns of synchrony and symmetry can provide insight into both the artistic nature of the dance, and the nature of the perceptions and responses of the dancers. However, such complex symmetries are often difficult to quantify. This paper presents three methods – Generalized Local Linear Approximation, Time-lagged Autocorrelation, and Windowed Cross-correlation – for the exploration of symmetry and synchrony in motion-capture data as is it applied to dance and illustrate these with examples from a study of free-form dance. Combined, these techniques provide powerful tools for the examination of the structure of symmetry and synchrony in dance.


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