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2022 ◽  
Author(s):  
Crina Mihaela Verga ◽  
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This paper is a study of the infringement procedure, as it is regulated at EU level. Thus, we first analyze the existing legal framework on the matter. The implementation of this procedure in various Member States of the European Union and its consequences are then presented. Last but not least, the article refers to a series of aspects regarding the fields in which the procedure was directed against Romania since its integration into the EU. The purpose of the essay is to present in detail Romania's situation regarding the violation of EU’s law.Thus, a comparative presentation throughout time of the number of such proceedings launched against the Romanian state was made.A relevant case in which Romania was tried and convicted was also presented in detail.The large number of cases launched in 2021 highlights the delays registered by Romania on the matter. The measures ordered by the Romanian government through the elaborated the Annual Transposition Plan-2021must be carefully and systematically implemented. Romania could also consider and effectively apply the examples of good practice from the other EU’s member states. The historical and the comparative methods used in this presentation reveal both the similarities between the application of this procedure in the EU Member States under review as well as the differences and its succession in time. The article is important not only for the scientists, but also for the practitioners to dispose all the necessary measures that are required.


2021 ◽  
Vol 24 (3) ◽  
Author(s):  
Gustavo Betarte ◽  
Maximiliano Cristiá ◽  
Carlos Luna ◽  
Adrián Silveira ◽  
Dante Zanarini

Formal methods (FM) are mathematics-based software development methods aimed at producing ``code for a nuclear power reactor''. That is, due application of FM can produce bug-free, zero-defect, correct-by-construction, guaranteed, certified software. However, the software industry seldom use FM. One of the main reasons for such a situation is that there exists the perception (which might well be a fact) that FM increase software costs. On the other hand, FM can be partially applied thus producing high-quality software, although not necessarily bug-free. In this paper we outline some FM related techniques whose application the cryptocurrency community should take into consideration because they could bridge the gap between ``loose web code'' and ``code for a nuclear power reactor''. We include relevant case studies in the area of cryptocurrency.


2021 ◽  
Author(s):  
Satu Heikkilä

Every year, the European Court of Human Rights delivers a large number of judgments, adding to its already extensive case-law. This makes it difficult for people outside the Court to know which cases are the most relevant and break new ground for fair trial issues. This book seeks to respond to that need by focusing on the most important cases and aims to make the content of Article 6 accessible in order to best serve readers' every-day practical legal needs The cases are selected following the Court's Jurisconsult's opinion of their jurisprudential interest. In addition, the book includes a number of other cases that raise issues of general interest, establish new principles, or develop or clarify the Court's existing case-law. The case summaries draw the readers' attention to the essential points, allowing them to focus on the jurisprudential significance of a particular case. A clear structure utilising detailed heading helps the reader to quickly find the relevant case-law. <br><br><i>Right to a Fair Trial: A Practical Guide to the Article 6 Case-Law of the European Court of Human Rights</i> is a comprehensive, easy-to-use and up-to-date reference book which provides a useful source of information for the practitioners, theorists and students in the field of human rights.


2021 ◽  
Author(s):  
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Patrick Holland

<p>This Master of Interior Architecture design research project proposes that a derelict cargo ship within one of the ship breaking yards of Chittagong, Bangladesh can be reused to accommodate the sites workers and act as a vehicle through which an interior intervention can be used to explore the significance and value of a derelict cargo ship. A design response that acknowledges the context of the site will allow for the exploration of the derelict cargo ship as a viable space for reuse and interior intervention.  As relevant case studies suggest there is a contemporary trend to reuse abandoned and derelict spaces. The implementation of derelict cargo ships as a viable spaces could provide a new perspective on the contemporary tendency to adaptively reuse these types of structures. This speculative research project explores ways in which one such structure could be investigated for interior intervention.   A derelict ship in the shipbreaking yards of Chittagong will become the shell in which a speculative, interior design solution will be explored. This will investigate the viability and significance of the adaptive reuse of cargo ships for the site’s context and the wider built environment. It will allow for a deeper understanding of the implications of inhabiting cargo ships.</p>


2021 ◽  
Author(s):  
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Patrick Holland

<p>This Master of Interior Architecture design research project proposes that a derelict cargo ship within one of the ship breaking yards of Chittagong, Bangladesh can be reused to accommodate the sites workers and act as a vehicle through which an interior intervention can be used to explore the significance and value of a derelict cargo ship. A design response that acknowledges the context of the site will allow for the exploration of the derelict cargo ship as a viable space for reuse and interior intervention.  As relevant case studies suggest there is a contemporary trend to reuse abandoned and derelict spaces. The implementation of derelict cargo ships as a viable spaces could provide a new perspective on the contemporary tendency to adaptively reuse these types of structures. This speculative research project explores ways in which one such structure could be investigated for interior intervention.   A derelict ship in the shipbreaking yards of Chittagong will become the shell in which a speculative, interior design solution will be explored. This will investigate the viability and significance of the adaptive reuse of cargo ships for the site’s context and the wider built environment. It will allow for a deeper understanding of the implications of inhabiting cargo ships.</p>


2021 ◽  
Vol 30 (1) ◽  
pp. 191-208
Author(s):  
Loris Marotti

This article situates the Enrica Lexie award’s stance on the Tribunal’s jurisdiction over the marines’ immunity within the broader debate on the scope of the jurisdiction of international courts and tribunals over incidental questions. After illustrating the Tribunal’s approach to the question at hand, the paper appraises those instances where an international tribunal with limited jurisdiction can decide issues and apply rules that are “external” to its principal jurisdiction. It then focuses on the question of the jurisdiction over incidental issues, which is the most debated avenue for an international tribunal to engage with substantive matters falling outside the scope of the tribunal’s ratione materiae jurisdiction. Finally, the Tribunal’s approach in the Enrica Lexie award is critically assessed against the above debate. It is submitted that, although the award arguably put an end to the longstanding dispute between India and Italy, the Tribunal’s reasoning does not seem to be in line with the conditions for the exercise of jurisdiction over incidental questions as roughly sketched in relevant case law.


Author(s):  
WERNER BLEY ◽  
DANIEL MACIAS CASTILLO

Abstract Let A be an abelian variety defined over a number field k, let p be an odd prime number and let $F/k$ be a cyclic extension of p-power degree. Under not-too-stringent hypotheses we give an interpretation of the p-component of the relevant case of the equivariant Tamagawa number conjecture in terms of integral congruence relations involving the evaluation on appropriate points of A of the ${\rm Gal}(F/k)$ -valued height pairing of Mazur and Tate. We then discuss the numerical computation of this pairing, and in particular obtain the first numerical verifications of this conjecture in situations in which the p-completion of the Mordell–Weil group of A over F is not a projective Galois module.


2021 ◽  
Vol 30 ◽  
pp. 132-139
Author(s):  
Janno Lahe

The jurisprudence and case-law approach of German tort law – and, more broadly, German-school legal thinking in general – has found its way into Estonian case law on torts and into Estonia’s scholarly texts on jurisprudence. From among the catalogue of transplants from German tort law that have reached Estonian law or legal practice, the paper focuses on one whose importance cannot be overestimated: the concept of tort liability based on breach of the general duty to maintain safety. This domain has witnessed remarkable change since the beginning of the 2000s, when an analogous concept of liability was still unfamiliar to many Estonian lawyers. The article examines whether and to what extent the concept of liability based on the general duty to maintain safety has become recognised in Estonian legal practice in the years since. Also assessed is the relevant case law to date, for ascertainment of whether any adoption of an equivalent concept of liability has been successful and, in either event, what problems remain to be resolved. The importance of this issue extends far beyond that of individual questions: the recognition of general duties to maintain safety affects our understanding of the very structure of tort law, of that of the general composition of tort, and of the connections that link the individual prerequisites for tort liability. Furthermore, this constellation influences our thought in the field of tort law more generally and our approach to the cases emerging in real-world legal practice.


2021 ◽  
Vol 4 ◽  
Author(s):  
Rashid Zaman ◽  
Marwan Hassani ◽  
Boudewijn F. Van Dongen

In the context of process mining, event logs consist of process instances called cases. Conformance checking is a process mining task that inspects whether a log file is conformant with an existing process model. This inspection is additionally quantifying the conformance in an explainable manner. Online conformance checking processes streaming event logs by having precise insights into the running cases and timely mitigating non-conformance, if any. State-of-the-art online conformance checking approaches bound the memory by either delimiting storage of the events per case or limiting the number of cases to a specific window width. The former technique still requires unbounded memory as the number of cases to store is unlimited, while the latter technique forgets running, not yet concluded, cases to conform to the limited window width. Consequently, the processing system may later encounter events that represent some intermediate activity as per the process model and for which the relevant case has been forgotten, to be referred to as orphan events. The naïve approach to cope with an orphan event is to either neglect its relevant case for conformance checking or treat it as an altogether new case. However, this might result in misleading process insights, for instance, overestimated non-conformance. In order to bound memory yet effectively incorporate the orphan events into processing, we propose an imputation of missing-prefix approach for such orphan events. Our approach utilizes the existing process model for imputing the missing prefix. Furthermore, we leverage the case storage management to increase the accuracy of the prefix prediction. We propose a systematic forgetting mechanism that distinguishes and forgets the cases that can be reliably regenerated as prefix upon receipt of their future orphan event. We evaluate the efficacy of our proposed approach through multiple experiments with synthetic and three real event logs while simulating a streaming setting. Our approach achieves considerably higher realistic conformance statistics than the state of the art while requiring the same storage.


2021 ◽  
Vol 39 (9) ◽  
Author(s):  
Tatiana H. Fomina ◽  
Volodymyr I. Galagan ◽  
Zhаnnа V. Udovenko ◽  
Serhii Ye. Ablamskyi ◽  
Yana Yu. Koniushenko

This article aims at establishing and emulating the relevant issues surrounding the detention of person presumed of committing a criminal offense outside the territory of Ukraine in respect with the provisions adumbrated by the European Court of Human Rights. The study was conducted through the prism of national legislation and the relevant case law of the European Court of Human Rights. The issues of realization of the detainee's rights, including the right to protection, were considered separately. According to the results of the study, certain ways to improve the provisions of the Criminal Procedure Code of Ukraine have been formulated.


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