261 results on '"General principles"'
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2. Criminal Law Reform in Indonesia: Implementation of Law's General Principles into Living Law.
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Yuherawan, Deni Setya Bagus, Juita, Subaidah Ratna, Yulianti, Rina, Soraya, Joice, and Anggraeny, Kurnia Dewi
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CRIMINAL law reform ,CUSTOMARY law ,CRIMINAL law ,CRIMINAL codes ,INTERNATIONAL law ,COUNTRIES - Abstract
The living criminal code must comply with and not clash with the broad principles of law accepted by civilised countries, according to Article 2 paragraph (2) of the Draught Criminal Code. As mentioned above, the broad concepts of law recognised by civilised nations are utilised to evaluate the current criminal law system. This essay explains, qualifies, and emphasises the importance of applying universal legal concepts to the general principles of law recognised by civilised nations and incorporating them into criminal law to improve it. Locally implemented customary law makes up live criminal law. A civilised nation recognises general legal concepts in international law, which international bodies apply globally. The two concepts seem disconnected, rendering them unsuitable as touchstones and separate concepts. Basic legal concepts in civilised countries' general principles of law and living criminal law are the link between the two. Extending and qualifying legal notions is the biggest challenge in implementing the law. [ABSTRACT FROM AUTHOR]
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- 2024
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3. KEY CHARACTERİSTİCS OF AUTONOMY, CONFİDENTİALİTY, BENEFİCENCE, NON-MALEFİCENCE, JUSTİCE AND PRİVACY PRİNCİPLES İN MEDİCAL LAW WİTHİN THE CONTEXT OF HUMAN RİGHTS.
- Author
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Fazail, Ismayilova Parvina
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INFORMED consent (Medical law) ,JUSTICE ,MEDICAL laws ,HUMAN rights ,MEDICAL decision making ,PATIENTS' rights - Abstract
The principles of law play a crucial role in shaping the legal system of a society and ensuring the rights and freedoms of its citizens. This article explores the importance of general principles of law in establishing the rule of law and guaranteeing human rights, with a focus on the principles of medical law. The article highlights the key principles of medical law, including autonomy, beneficence, non-maleficence, justice, and confidentiality, and examines their role in providing ethical and legal guidelines for healthcare professionals. Additionally, the article discusses the influence of international human rights law on the development of sectoral principles of medical law, with a particular emphasis on the 2005 UNESCO Declaration on Human Rights and Bioethics. The article also addresses the issue of responsibility in medical practice, including the legal liabilities of healthcare professionals and the importance of obtaining informed consent from patients. Through an analysis of international legal instruments, court decisions, and domestic legislation, the article aims to provide a comprehensive understanding of the principles of medical law and their significance in protecting the rights and well-being of patients. Mainly, in the article author explores the key characteristics of autonomy, informed consent, confidentiality, beneficence, non-maleficence, justice, and privacy within the context of medical law and human rights. Autonomy, the right to make decisions about one's own body and medical treatment, is essential in medical ethics and is protected by human rights laws. Informed consent, the process of providing all necessary information to patients so they can make decisions about their medical care, is a fundamental aspect of patient autonomy. Confidentiality, the duty to protect patients' personal information, is crucial for maintaining trust between patients and healthcare providers. Beneficence, the duty to act in the best interest of the patient, and non-maleficence, the duty to do no harm, are two key principles that guide ethical medical practice. Justice, the fair and equal distribution of healthcare resources, is also essential in ensuring that all patients receive the care they need. Privacy, the right to control one's personal information, is another important aspect of medical ethics and human rights. By understanding and upholding these key characteristics, healthcare providers can ensure that patients' rights are respected and protected in the medical setting. [ABSTRACT FROM AUTHOR]
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- 2024
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4. АКТУАЛІЗАЦІЯ ПРИНЦИПІВ ЗДІЙСНЕННЯ ДЕРЖАВНОГО ФІНАНСОВОГО КОНТРОЛЮ У СФЕРІ ОБІГУ БЮДЖЕТНИХ КОШТІВ В УКРАЇНІ
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А. В., Пиріг
- Abstract
This scientific article is dedicated to the principles of state financial control in the sphere of budget funds circulation in Ukraine. It reveals such general concepts: principles of state financial control, content of the principles of state financial control, general principles, special principles. The purpose of the scientific article is to study the principles of state financial control in the sphere of budget funds circulation in Ukraine and their systematization, based on their legal regulation. The article emphasizes that state financial control in the sphere of budget funds circulation, like any activity, is carried out in compliance with certain initial provisions, basic requirements, rules and standards that apply to all processes that occur during such activity - principles. In the course of the study, the author's interpretation of the principles of state financial control in the sphere of budget funds circulation as the basic rules according to which the measures of state financial control are carried out, which is carried out by authorized subjects with the aim of ensuring legal, effective, economical and resultative formation, distribution, management and use of state (local) resources by the controlled institution. It is noted that the principles not only allow to understand the basic rules of state financial control, but also give the opportunity to reveal its essence, contribute to the identification of gaps in the industry legislation and the elimination of collisions in the relevant regulatory legal acts. Considered and generalized existing scientific views on the classification of principles of state financial control. The need for systematization of the principles of state financial control, based on their legal regulation, into general and special is argued. The author concluded that the general principles of state financial control in the sphere of budget funds circulation in Ukraine include the principles of: legality, respect for the rights and freedoms of any subjects, competence, optimal combination of powers (representatives of the state), efficiency, promptness; to special - continuity, ensuring the unity of state policy, openness, transparency, publicity and taking into account public opinion, expediency, single leadership, political impartiality and independence; confidentiality; completeness and continuity of checks, compensation for damages and responsibility of guilty officials for committed violations, objectivity, impartiality, balance, economy. [ABSTRACT FROM AUTHOR]
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- 2024
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5. Discrimination in the Age of Algorithms—Is EU Law Ready?
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Cîrciumaru, Alexandru, Poorter, Jurgen de, Series Editor, Van der Schyff, Gerhard, Series Editor, Stremler, Maarten, Series Editor, De Visser, Maartje, Series Editor, van Oirsouw, Charlotte, editor, de Poorter, Jurgen, editor, Leijten, Ingrid, editor, and van der Schyff, Gerhard, editor
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- 2024
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6. The Freedom of Association as Seen by the International Administrative Tribunals.
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Petrović, Dražen
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ADMINISTRATIVE courts ,INTERNATIONAL courts ,CIVIL law ,CIVIL rights ,CIVIL service - Abstract
Rules governing international civil service as compared with national law are not always clear. The ways that international administrative tribunals protect the principle of the freedom of association and identified the rights by which this principle is manifested and realised are interesting as the realisation of those rights is not always obvious in international organizations. The right to organise, the right to strike, the right to be consulted and the collective bargaining are not words that can be found in constituent documents of international organizations. But they are indispensable for proper function of the organizations. The case law of the tribunals, which this article wishes to present, thus contributes to creating a harmonious workplace for officials of international organizations. [ABSTRACT FROM AUTHOR]
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- 2024
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7. منشأ الزامآور فراقراردادی قواعد حقوق بشری.
- Author
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احمد مؤمنیراد and باقر روزبهانی
- Abstract
Undoubtedly, human rights are among the achievements of modern international law. One of the most controversial topics in this field is the binding origin of its rules. It is obvious that those human rights rules that have a contractual origin are accepted by the signatories. But the problem starts precisely from the fact that some subjects of international law (international organizations) are not members of human rights treaties, except in exceptional cases such as the European Union, and in case of violation of the mentioned provisions, they will not be held responsible. To solve this problem, it is necessary to find a non-contractual source which can cover all subjects of international law, especially international organizations. [ABSTRACT FROM AUTHOR]
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- 2024
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8. Key Characteristics of Autonomy, Confidentiality, Beneficence, Non-maleficence, Justice and Privacy principles in Medical Law within the Context of Human Rights
- Author
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Parvina Fazail Ismayilova
- Subjects
Legal system ,general principles ,“primum non nocere” ,privacy ,human dignity ,international obligations ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
The principles of law play a crucial role in shaping the legal system of a society and ensuring the rights and freedoms of its citizens. This article explores the importance of general principles of law in establishing the rule of law and guaranteeing human rights, with a focus on the principles of medical law. The article highlights the key principles of medical law, including autonomy, beneficence, non-maleficence, justice, and confidentiality, and examines their role in providing ethical and legal guidelines for healthcare professionals. Additionally, the article discusses the influence of international human rights law on the development of sectoral principles of medical law, with a particular emphasis on the 2005 UNESCO Declaration on Human Rights and Bioethics. The articlealsoaddressestheissueof responsibility in medical practice, including the legal liabilities of healthcare professionals and the importance of obtaining informed consent from patients. Through an analysis of international legal instruments, court decisions, and domestic legislation, the article aims to provide a comprehensive understanding of the principles of medical law and their significance in protecting the rights and well-being of patients. Mainly, in the article author explores the key characteristics of autonomy, informed consent, confidentiality, beneficence, non-maleficence, justice, and privacy within the context of medical law and human rights. Autonomy, the right to make decisions about one’s own body and medical treatment, is essential in medical ethics and is protected by human rights laws. Informed consent, the process of providing all necessary information to patients so they can make decisions about their medical care, is a fundamental aspect of patient autonomy. Confidentiality, the duty to protect patients’ personal information, is crucial for maintaining trust between patients and healthcare providers. Beneficence, the duty to act in the best interest of the patient, and non-maleficence, the duty to do no harm, are two key principles that guide ethical medical practice. Justice, the fair and equal distribution of healthcare resources, is also essential in ensuring that all patients receive the care they need. Privacy, the right to control one’s personal information, is another important aspect of medical ethics and human rights. By understanding and upholding these key characteristics, healthcare providers can ensure that patients’ rights are respected and protected in the medical setting.
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- 2024
- Full Text
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9. A Critical Analysis of the General Principles of Sentencing under the Criminal Law Doctrine and Their Application by the Supreme Court of the Russian Federation
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L. R. Safin
- Subjects
criminal law doctrine ,criminal law sanctions ,assignment of punishment ,general principles ,personalization of punishment ,History of scholarship and learning. The humanities ,AZ20-999 - Abstract
This article highlights the need to enhance the procedures for determining guilt through criminal law. The study is based on a careful analysis of the legal standards laid down in the Criminal Code of the Russian Federation and key academic sources of the Russian criminal law. Potential solutions were offered to address the contentious matters within the criminal law doctrine. According to the obtained results, when the Plenum of the Supreme Court of the Russian Federation voices its stance on a number of issues regarding sentencing, it occasionally surpasses its powers conferred by the Constitution of the Russian Federation. It was established that the general principles of sentencing are such regulations that apply to all types of offenses, regardless of the type, nature, or gravity of the crime committed. The scope of these regulations extends beyond Article 60 of the Criminal Code of the Russian Federation and specifies its provisions. Another batch of standards includes regulations governing the rules and procedures for imposing certain types of penalties, as well as their specificity for certain criminal behaviors.
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- 2024
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10. General Principles of Code
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Nadya Purtova and Diletta Huyskes
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regulation of algorithms ,general principles ,amplification ,automation ,law of everything ,Electronic computers. Computer science ,QA75.5-76.95 - Abstract
The General Data Protection Regulation has been seen as an omnibus law which potentially addresses all Internet-related problems. Yet, concerns have been raised about the broad scope of the GDPR that might be overreaching its capacity. Calls have been made to create a scalable and more targeted system of legal protection against digital wrongs. General principles governing the design and use of software should be at the foundation of such a scalable system. While automation via code is often an aspect of existing societal problems, software affordances amplify non-technology-specific problems in a unique way.
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- 2024
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11. 75 Years of Progressive Legal Development by the International Law Commission: The Contribution to Regulation of Search and Rescue of Refugees and Migrants at Sea.
- Author
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Billing, Fenella
- Subjects
INTERNATIONAL unification of law ,SEARCH & rescue operations ,INTERNATIONAL obligations ,APPLICABLE laws ,INTERNATIONAL courts ,RESCUE work - Abstract
This doctrinal study examines how the work of the International Law Commission (ILC) has contributed to the 'progressive development' of general international law relevant to regulating rescue and disembarkation of refugees and migrants found at sea. The ILC's texts on interpretation and implementation of international obligations, state responsibility, fragmentation and harmonization of international law, and the status of certain principles of general international law, including jus cogens and general principles of law, and the principle of good faith, present legal parameters for the regulation of States and international cooperation that can assist in clarifying the applicable law for maritime search and rescue operations. In conducting its own doctrinal examinations of international law and gathering evidence of the practice of States and other actors in the international community, the ILC contributes by analysing, clarifying, and systemizing important topics of general international law. However, state implementation of international obligations in connection with the rescue of refugees and migrants frequently falls short of the legal interpretations of the ILC, particularly as they relate to respect for and protection of human rights at sea. Therefore, in addition to finding new strategies to directly connect with States and international organizations of States, the ILC remains reliant on the mutual following of national and international courts and tribunals, and its mutual contribution in scholarship, to encourage States to live up to binding commitments under international law. [ABSTRACT FROM AUTHOR]
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- 2024
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12. ОСНОВНІ ПРИНЦИПИ ОБРОБКИ ТА ЗАХИСТУ ПЕРСОНАЛЬНИХ ДАНИХ
- Author
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В. С., Галінкіна
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The development of an information society that prefers quick and remote resolution of issues, including on the Internet, raises the issue of protecting information and data disseminated and provided by personal data subjects. People do not want to transmit personal information without a clear understanding that it will be protected and not used, or to transfer it unnecessarily to third parties, because most of this information is identifying and personal, and in some cases even «sensitive». In this case, persons who transfer, process, or store personal data must be guided by legal grounds that determine the course of such actions. The fundamental concepts that must be followed in any operations with personal data are the principles. Principles are the basic framework that everyone in this process must adhere to, and failure to do so entails legal liability. The institute of personal data protection is relatively new, therefore, with the development of this institute, legislation at various levels develops and improves the basic provisions and general principles of personal data protection. At present, the general principles of personal data processing and protection can be summarised as: transparency, fairness, lawfulness, purpose limitation, data minimisation, data accuracy, data retention period limitation, data security and the princ iple of accountability. Such principles are enshrined in the General Data Protection Regulation and meet the main goal, namely to define the standards on the basis of which personal data should be collected, processed, transferred, stored, and destroyed. The existence of such principles and, most importantly, their consolidation in regulatory legal acts that are binding for all and are primarily necessary to preserve and not restrict the right to privacy and the right to protection of personal data, the right to privacy. The general principles of legitimate operations with personal information provide for notification of the person who provides his/her personal data about the purpose of processing and all the details concerning future actions with the provided information and regulation, limitation and determination of liability for violation of the principles of processing and protection of personal data for the person who further carries out the specified operations. [ABSTRACT FROM AUTHOR]
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- 2024
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13. Система принципів як правових інструментів, що сприяють досягненню завдань координаційної функції адміністративно-правового забезпечення координації суб’єктів протидії корупції.
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Г. Ю., Лук’янова
- Abstract
The coordination function of the State in combating corruption is the level of manifestation of the State influence in social relations and the main activity of the State, which consists in coordinating actions between different elements of the State apparatus in combating corruption, in coordinating actions between the State apparatus and non-governmental actors of the social system, in streamlining social and public administration relations, directing them towards achieving common goals or interests, and in which the method of direct imperative control is used rather than the method of coordinating actions in relation to based on common interests and/or competencies, in accordance with the principle of striving for ideal performance. Anti-corruption activities can only be effective if the principles of coordination of anti-corruption actors are established at the regulatory level and the principles of administrative and legal support for coordination of anti-corruption actors are established, which is due to the need for quick and complete coordination and its effective implementation. The need to study the principles of administrative and legal regulation of the State’s coordination function in combating corruption is due to the existence of gaps in the theoretical plane of law cognition and limited scientific substantiation. That is why the issues related to administrative and legal regulation of the State’s coordination function in combating corruption are relevant for research, and its principles are among the key ones in this context. In general, the coordination role of the state is hardly ever considered through the prism of principles. Given the extremely low level of scientific attention to the issue of administrative and legal support for the coordination of anticorruption actors, its essence, features and directions, one of the priority tasks should be to define a system of principles of this institution as the basic and initial idea of the entire system of state influence on social relations. Even today, the principles of administrative and legal support for the coordination of anti-corruption actors are not yet considered fundamental categories, as many scholars still perceive them in the abstract and separately from practical activities. [ABSTRACT FROM AUTHOR]
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- 2024
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14. Türk Kültür Tarihinde Mecelle: Küllî Kaidelerinin Eğitim Açısından Analizi.
- Author
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ÖZKAN, Hakan and ERDEM, Cavit
- Abstract
Copyright of RumeliDE Journal of Language & Literature Research / RumeliDE Dil ve Edebiyat Araştırmaları Dergisi is the property of RumeliDE Uluslararasi Hakemli Dil & Edebiyat Arastirmalari Dergisi and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
15. General principles of coercive medical measure application: concepts and basic criteria
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A. M. Yashсhenko
- Subjects
personalization ,coercive medical measures ,impact ,general principles ,selection of medical measures ,change of medical measures. ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
The article is devoted to the study of the general principles of coercive medical measure application and formulation of the author's own generalized conclusions on this basis, aimed at further development of the scientific idea of such coercive measures of criminal law impact personalization and improvement of their practice implementation through compliance of law enforcement entities with certain rules or criteria. It has been noted that one of the shortcomings of the general principles regulatory certainty of coercive medical measures application is that the current criminal legislation of Ukraine does not have an article that would separately enshrine such general principles or rules. In this regard, the author has proposed own definition of general principles of coercive medical measures application concept and a variant of its regulatory definition in a separate article of the current criminal legislation of Ukraine.
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- 2023
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16. General Guidelines for Urban Design in Seismic-Prone Regions
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Bahrainy, Hossein, Bakhtiar, Ameneh, Angelidou, Margarita, Editorial Board Member, Farnaz Arefian, Fatemeh, Editorial Board Member, Batty, Michael, Editorial Board Member, Davoudi, Simin, Editorial Board Member, DeVerteuil, Geoffrey, Editorial Board Member, González Pérez, Jesús M., Editorial Board Member, Hess, Daniel B., Editorial Board Member, Jones, Paul, Editorial Board Member, Karvonen, Andrew, Editorial Board Member, Kirby, Andrew, Editorial Board Member, Kropf, Karl, Editorial Board Member, Lucas, Karen, Editorial Board Member, Maretto, Marco, Editorial Board Member, Modarres, Ali, Editorial Board Member, Neuhaus, Fabian, Editorial Board Member, Nijhuis, Steffen, Editorial Board Member, Aráujo de Oliveira, Vitor Manuel, Editorial Board Member, Silver, Christopher, Editorial Board Member, Strappa, Giuseppe, Editorial Board Member, Vojnovic, Igor, Editorial Board Member, Yamu, Claudia, Editorial Board Member, Zhao, Qunshan, Editorial Board Member, Bahrainy, Hossein, and Bakhtiar, Ameneh
- Published
- 2022
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17. Supremacy, the Uniformity of EU Law, and the Principle of Equality
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Klamert, Marcus
- Subjects
supremacy ,primarcy ,equality ,uniformity ,non-discrimination ,unity ,internal market ,general principles ,Law ,Law of Europe ,KJ-KKZ - Abstract
Despite being one of the pivotal principles of European Union law, there still is no consensus on the rationale for the supremacy of the law of the European Union over the law of the Member States. There is also not much discussion on the repeated claims in case law that Union law must have uniform application in the Member States. This paper suggests that both supremacy and uniformity can be understood as preventing the discrimination of indi-viduals that would be caused by the divergent application of Union law in the Member States. In this respect, Member state-centred non-discrimination, now provided in Article 4(2) TEU on the equality of Member States, (merely) complements individual-centred non-discrimina-tion, anchored in Article 18 TFEU and Article 21 CFR. Moreover, this paper discusses how these two standards relate to what is referred to as the unity of the internal market.
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- 2022
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18. Zasady ogólne postępowania kontrolnego prowadzonego przez Rzecznika Praw Obywatelskich.
- Author
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KRAWIEC, GRZEGORZ
- Abstract
Copyright of Rocznik Administracji Publicznej is the property of Jagiellonian University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
19. New Challenges for the Union’s Treaty-Making Powers and Common Values in Implementing Its Agreements
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Müller-Graff, Peter-Christian, Lorenzmeier, Stefan, editor, Petrov, Roman, editor, and Vedder, Christoph, editor
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- 2021
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20. PEMANTAPAN DIMENSI ETIKA DAN ASAS SEBAGAI PENGUATAN SISTEM HUKUM LINGKUNGAN DI INDONESIA
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Himas Muhammady Imammullah El Hakim
- Subjects
general principles ,legal ethic ,environmental law ,Comparative law. International uniform law ,K520-5582 - Abstract
Humans as social beings who use the environment make the law an instrument of regulation and protection. Laws relating to the environment itself systemically provide both general and specific regulation. However, environmental law instruments still require further development through strengthening of the ethical dimension. Ethics as one of the norms that can be codified and processed through the judiciary can strengthen the implementation of environmental law. The study was conducted by means of a literature study and analysis in order to find ethical positions and opportunities in the environmental law system. The Job Creation Act which directly changes the politics of environmental law certainly presents its own challenges. This development requires encouragement from other systems, one of which is ethics by presenting a positive ethical system as a law of ethics, both code of ethics and court of ethics. ethical law system that specifically regulates environmental law then requires general principles so that the ethical law instrument can take shape and be applied properly. There are several general principles of environmental law ethics, including the principle of clarity of purpose, the principle of independence, the principle of justice, the principle of certainty, the principle of benefit, the principle of balance, the principle of openness and the principle of protection. The challenge of implementing the general principles of environmental law ethics is in both substantial and formal dimensions that can be encouraged by the holders of power as constitutional mandates in the context of realizing the ideals of the state through the implementation of the mandate of the MPR Decree VI/MPR/2001 concerning the Ethics of the Nation's Life.
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- 2021
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21. Reflections on principlism and Neoconstitutionalism. The so-called constitutionalisation of rights
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Juan Carlos Cassagne
- Subjects
jurisprudence ,legal system ,general principles ,public law ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
This analysis article describes the process of constitutionalization of law and argues around how neoconstitutionalism ends up appropriating the technique of general principles (sometimes deforming its meaning), whatever the philosophical sign of its cultivators (inclusive or exclusive positivists). The article states that it has occurred and continues to occur within inclusive positivism and analytical jurisprudence.
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- 2021
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22. The Manifestations of the EU Rule of Law and its Contestability: Historical and Constitutional Foundations.
- Author
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GROUSSOT, XAVIER and ZEMSKOVA, ANNA
- Abstract
Copyright of Journal of Constitutional History / Giornale di Storia Costituzionale is the property of Giornale di Storia Costituzionale (Journal of Constitutional History) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
23. General Principles of Code
- Author
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Purtova, Nadya, Huyskes, Diletta, Purtova, Nadya, and Huyskes, Diletta
- Abstract
The General Data Protection Regulation has been seen as an omnibus law which potentially addresses all Internet-related problems. Yet, concerns have been raised about the broad scope of the GDPR that might be overreaching its capacity. Calls have been made to create a scalable and more targeted system of legal protection against digital wrongs. General principles governing the design and use of software should be at the foundation of such a scalable system. While automation via code is often an aspect of existing societal problems, software affordances amplify non-technology-specific problems in a unique way.
- Published
- 2024
24. The Principle of Proportionality of Criminal Offences and Penalties Between EU Law and the ECHR
- Author
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Grossio, L, TANCREDI, ANTONELLO, GROSSIO, LORENZO, Grossio, L, TANCREDI, ANTONELLO, and GROSSIO, LORENZO
- Abstract
La tesi propone uno studio sistematico del principio di proporzionalità dei reati e delle pene fra il diritto dell'Unione europea e la CEDU, volto a verificare la sussistenza di una convergenza tra i due sistemi circa la sua teorizzazione e applicazione. Sul piano metodologico, l’analisi consiste in uno studio qualitativo basato sulla metodologia analitico-dogmatica e si articola in due parti consequenziali. La prima parte mira a definire una concettualizzazione della proporzionalità dei reati e delle pene, la quale si caratterizza per una complessa intersezione tra la dimensione europea e penale della proporzionalità. A tal fine, il capitolo 1 offre una sistematizzazione della dimensione europea della proporzionalità. Quest'ultima consiste nel paradigma teorico comune che caratterizza la proporzionalità nell'ambito del diritto dell'Unione europea e della Convenzione EDU, la cui matrice è costituita dal test trifasico di adeguatezza, necessità e proporzionalità stricto sensu. Successivamente, il capitolo 2 giunge ad una teorizzazione del principio di proporzionalità dei reati e delle pene risultante dell'intersezione tra la dimensione europea e quella penale della proporzionalità. Quest'ultima è caratterizzata da una dicotomia tra proporzionalità prospettiva e retrospettiva, la quale implica a una teorizzazione a doppio livello. Il test trifasico si arricchisce così di due scrutini di secondo livello, che comportano una valutazione della proporzionalità dei reati e delle pene rispetto al raggiungimento di un sufficiente effetto deterrente (proporzionalità prospettiva) e alla gravità della condotta (proporzionalità retrospettiva). Il principio è dunque di natura ibrida, in quanto combina le caratteristiche distintive della dimensione europea e penale della proporzionalità. La seconda parte si concentra sull'applicazione del principio nella prassi legislativa e giudiziaria. In particolare, il capitolo 3 analizza la valutazione di proporzionalità ef, The thesis proposes a systematic study of the principle of proportionality of criminal offences and penalties between EU law and the ECHR. In particular, it aims to ascertain whether there is a common understanding of the principle’s theorisation and application between the two systems. The analysis consists of a qualitative study based on an analytical-dogmatic methodology and is divided into two parts. The first one aims to define a conceptualisation of proportionality of criminal offences and penalties. This principle entails an uneasy intersection between two dimensions of proportionality: the European and the criminal law one. Chapter 1 offers a systematisation of the European principle of proportionality. The latter consists of the common theoretical pattern characterising proportionality under EU law and the ECHR, whose matrix consists of the threefold suitability, necessity and proportionality stricto sensu test. Then, Chapter 2 theorises the principle of proportionality of criminal offences and penalties as resulting from the intersection between European and criminal law proportionality. The latter dimension features a dichotomy between the prospective and retrospective understanding of proportionality, which gives rise to a double-layered theorisation. In the criminal law domain, the threefold test is enriched with two secondary schemes, involving an assessment of the proportionality of criminal offences and penalties vis-à-vis, respectively, the attainment of a genuine dissuasive effect and the seriousness of the wrongdoing. The principle is thus hybrid, as it combines the distinctive features of the European and criminal law dimensions of proportionality. The second part focuses on the hybrid principle’s application in legislative and judicial practice. In particular, Chapter 3 analyses the EU legislature’s proportionality assessment in the approximation of domestic substantive criminal law, as well as the CJEU one within judicial review over these har
- Published
- 2024
25. General principles of developing novel radioprotective agents for nuclear emergency
- Author
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Jicong Du, Pei Zhang, Ying Cheng, Ruling Liu, Hu Liu, Fu Gao, Chunmeng Shi, and Cong Liu
- Subjects
General principles ,Radioprotective agents ,Toll like receptors ,PHD-HIF oxygen Sensing signaling pathway ,Nuclear emergency ,Medical physics. Medical radiology. Nuclear medicine ,R895-920 - Abstract
With the rapid application of nuclear energy and radiological technology in national economy and military field, the risk of nuclear accidents increases as well. Exposure to irradiation causes severe damages to the human body, and radioprotective agents are required for medical protection. To find the safe and effective radioprotective agents is the key for nuclear emergency. Recently, Toll like receptors (TLRs) and PHD-HIF oxygen sensing signal pathway have been extensively studied for radioprotection. Great progress has been made in this field and a number of radioprotective agents have been found. In this review, we have summarized recent findings of radioprotective roles of TLRs signaling pathway and PHD-HIF signaling pathway and discussed the general principles of developing novel radioprotective agents. These findings will provide opportunities for developing new strategies to prevent IR-induced injuries in public health events.
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- 2020
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- View/download PDF
26. Human Dignity in San Marino
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Cucè, Tania, Becchi, Paolo, editor, and Mathis, Klaus, editor
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- 2019
- Full Text
- View/download PDF
27. PANORÁMICA JURISPRUDENCIAL SOBRE EL DERECHO DE ACCESO A LA INFORMACIÓN PÚBLICA EN EL ÁMBITO EUROPEO.
- Author
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PÉREZ CONCHILLO, ELOÍSA, MANTILLA DE LOS RÍOS, PABLO CRUZ, GONZÁLEZ MORO, ALICIA, GALDÁMEZ MORALES, ANA, and SIERRA RODRÍGUEZ, JAVIER
- Subjects
FREEDOM of information ,EUROPEAN Union law ,EUROPEAN law ,EXCEPTIONS (Law) ,LEGAL judgments ,JUDGE-made law - Abstract
Copyright of Revista de Derecho Politico is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
- Full Text
- View/download PDF
28. Information and Its Role in Hunter-Gatherer Bands
- Subjects
archaeology ,research ,archaeological research ,hunter-gatherer societies ,small-scale ,ethnography ,linguistics ,evolutionary ecology ,theoretical perspectives ,general principles ,methodologies - Abstract
Information and Its Role in Hunter-Gatherer Bands explores the question of how information, broadly conceived, is acquired, stored, circulated, and utilized in small-scale hunter-gatherer societies, or bands. Given the nature of this question, the volume brings together a group of scholars from multiple disciplines, including archaeology, ethnography, linguistics, and evolutionary ecology. Each of these specialties deals with the question of information in different ways and with different sets of data given different primacy. The fundamental goal of the volume is to bridge disciplines and subdisciplines, open discussion, and see if some common ground-either theoretical perspectives, general principles, or methodologies-can be developed upon which to build future research on the role of information in hunter-gatherer bands.Series: Ideas, Debates, and Perspectives 5
- Published
- 2011
29. Aspects of perioperative pain management in orthopedic and trauma surgery?
- Author
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Jerosch, Jörg and Pogatzki-Zahn, Esther
- Abstract
This article describes to current recommendations on perioperative pain management. First the general principles are presented according to the german AWMF guideline (S3 guideline - Behandlung akuter perioperativer und posttraumatischer Schmerzen; Registriernummer 001-25). Furtheron the procedure specific techniques are described. [ABSTRACT FROM AUTHOR]
- Published
- 2021
30. Effectiveness of Training Program on "Design & Analysis of Machines Using MATLAB & Motionview".
- Author
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Chaturvedi, Joohi, Rai, Mahima, and Chaturvedi, Renu
- Subjects
- *
MACHINE design , *TEACHING methods , *CONCEPT learning , *REFLECTIVE teaching , *CLASSROOM environment - Abstract
PROBLEM-Training programmes are conducted to increase competency of trainees but effectiveness is not known. In most of the already published papers on training effectiveness measurement is based on learning outcomes and there is no focus on inputs. For continuous improvement in deliverables feedback about inputs is necessary. PURPOSE – Quality depends on customer satisfaction & meeting the expectations of the customer. James Cowan stated the Effectiveness is the ratio of actual to ideal outcome. An ideal outcome from Quality Management perspective is meeting the expectations of the customers. Hence, the purpose of the research paper is to find whether the training programme on Design and Analysis of Machines using Motion view and MATLAB conducted at MNIT Jaipur in collaboration with ATAL(AICTE Training and Learning) Academy was effective in the eyes of the students for whom it was designed. The effectiveness of teaching components like Instruction Material, Teacher, Teaching Methodology, Classroom Environment have an impact on the learning effectiveness so the intention is to formulate a regression model of learning effectiveness. DESIGN/METHODOLOGY/APPROACH – Literature review method was used to find out the basic concepts related to teaching methodology, types of teaching levels general and psychological teaching principles, training methods etc. Infrastructure related environmental conditions required were studied. The research design was of descriptive type as a questionnaire was designed based on literature review to map the effectiveness of above programme in which 15 questions were asked. The sampling type was non random sampling where selection of participants was done by MNIT college and more than 40 participants were selected. On the final day of the training 27 participants were available in the last session who filled the questionnaire and sampling was quota sampling. FINDINGS – Detailed analysis reveals that there are different dimensions which contribute to training effectiveness. A training programme is effective if (a) it meets the expectations of the students (92.59% felt that) (b) it attains the goals of memory, understanding and reflective levels of teaching (80.16,71.07, 60.74 % from sample felt that goals are attained) (c) uniform assessment is there for all participants (37.04, 51.85, 70.37 % feel that diagnostic, formative, summative assessment was conducted) (d) General & Psychological principles of teaching are achieved (77.78 % & 62.96 % of students felt that all General & Psychological principles were attained) (e) Teacher, Instruction Material, Infrastructure, Teaching Methodology, Learning all are effective (85.43, 76.30, 86.17, 72.84, 77.04 % felt that) (f) All topics are covered (81.48% felt that). Note: Sample statistics are given in brackets. PRACTICAL IMPLICATIONS – Effectiveness is the most important measure to find out whether goals are accomplished. The measurement of effectiveness should be done considering inputs, process, output factors and by taking feedback about all the deliverables it can be improved. ORIGINALITY/VALUE – This paper studies factors which probably have an impact on participant expectation fulfilment and highlights many new probable dimensional measures of training effectiveness irrespective of the training subject. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
31. Renal Complications and Their Management After Adult Cardiac Surgery
- Author
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Perrone, Juan M., Cudemus, Gaston, Dabbagh, Ali, editor, Esmailian, Fardad, editor, and Aranki, Sary, editor
- Published
- 2018
- Full Text
- View/download PDF
32. Coagulation Management
- Author
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Lindahl, Jan, Gänsslen, Axel, Gänsslen, Axel, editor, Lindahl, Jan, editor, Grechenig, Stephan, editor, and Füchtmeier, Bernd, editor
- Published
- 2021
- Full Text
- View/download PDF
33. General scientific guidance for stakeholders on health claim applications (Revision 1)1
- Author
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EFSA Panel on Dietetic Products, Nutrition and Allergies (NDA)
- Subjects
guidance ,health claims ,general principles ,scientific aspects ,applications ,Nutrition. Foods and food supply ,TX341-641 ,Chemical technology ,TP1-1185 - Abstract
Abstract Endorsement date 21 January 2021 Implementation date 27 March 2021 The general guidance for stakeholders on the evaluation of Article 13(1), 13(5) and 14 health claims was first published in March 2011. Since then, the Panel on Dietetic Products Nutrition and Allergies (NDA) has completed the scientific assessment of Article 13(1) claims except for claims put on hold by the European Commission, and has assessedadditional health claim applications submitted pursuant to Articles 13(5), 14 and also 19. In addition, comments received from stakeholders indicate that general issues that are common to all health claims need to be further clarified and addressed. This guidance document aims to explain the general scientific principles applied by the NDA Panel for the scientific assessmentof all health claims and outlines a series of steps for the compilation of applications. The general guidance document represents the views of the NDA Panel based on the experience gained to date with the scientific assessment of health claims, and it may be further updated, as appropriate, when additional issues are addressed.The document also aims to inform applicants of newprovisionsin the pre‐submission phase and in the application procedure set out in the General Food Law, as amended by the Transparency Regulation. These new provisions are applicable to all applications submitted as of 27 March 2021. The version of this guidance published in 2016 remains applicable for applications submitted before 27 March 2021.
- Published
- 2021
- Full Text
- View/download PDF
34. General scientific guidance for stakeholders on health claim applications (Revision 1).
- Abstract
The general guidance for stakeholders on the evaluation of Article 13(1), 13(5) and 14 health claims was first published in March 2011. Since then, the Panel on Dietetic Products Nutrition and Allergies (NDA) has completed the scientific assessment of Article 13(1) claims except for claims put on hold by the European Commission, and has assessed additional health claim applications submitted pursuant to Articles 13(5), 14 and also 19. In addition, comments received from stakeholders indicate that general issues that are common to all health claims need to be further clarified and addressed. This guidance document aims to explain the general scientific principles applied by the NDA Panel for the scientific assessment of all health claims and outlines a series of steps for the compilation of applications. The general guidance document represents the views of the NDA Panel based on the experience gained to date with the scientific assessment of health claims, and it may be further updated, as appropriate, when additional issues are addressed. The document also aims to inform applicants of new provisions in the pre-submission phase and in the application procedure set out in the General Food Law, as amended by the Transparency Regulation. These new provisions are applicable to all applications submitted as of 27 March 2021. The version of this guidance published in 2016 remains applicable for applications submitted before 27 March 2021. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
35. General principles of systems
- Author
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Korn, Janos
- Published
- 2018
- Full Text
- View/download PDF
36. The effects of 'legal principles' in resolving the silence of Iranian law (according to Article 3 of the Civil Procedure Act of 2000)
- Author
-
Marjaneh Fayazbakhsh, Abomohammad Asgarkhani, and Seyedbagher Mirabbasi
- Subjects
general principles ,partial principles ,legal rules ,law ,legal opinion ,article 3 of the civil procedure code 2000 ,Islamic law ,KBP1-4860 - Abstract
In each legal system, there are some great concepts (legal principles) that the legislator has inspired by them. No legal system is able to anticipate all the issues and provide solutions for all of them. Therefore, the Iranian legislator in Article 3 of the Civil Procedure Act of 2000, demands that, in the event of a silence or summary of the law, reference should be made to the principles of law, this article discusses that the legislator's purpose of legal principles is not merely general principles of law, but also Also included are the cases of minor legal principles, operational principles, lexical principles, legal rules, and so on, and they can be arbitrarily documented and will play an increasingly important role in creating judicial procedures.
- Published
- 2018
- Full Text
- View/download PDF
37. General Principles of Radiation Protection
- Author
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Domenech, Haydee and Domenech, Haydee
- Published
- 2017
- Full Text
- View/download PDF
38. Applicability of the prevalence of the substantial principle over the formal in the Customs Law within the Social State of Law.
- Author
-
BLANCO NAGLE, ERWIN DE JESUS
- Subjects
TARIFF laws ,ADMINISTRATIVE law ,ADMINISTRATIVE procedure ,LEGAL sanctions - Abstract
Copyright of Revista del ICDT is the property of Instituto Colombiano de Derecho Tributario and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2021
39. Identificazione e ruolo delle clausole generali nell’ordinamento dell’Unione europea.
- Author
-
Amalfitano, Chiara and Croci, Filippo
- Abstract
Copyright of Il Diritto Dell'unione Europea is the property of Giappichelli Editore srl and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2021
40. The Relationship Between the Charter and General Principles: Looking Back and Looking Forward.
- Author
-
HANCOX, Emily
- Subjects
- *
DATA protection , *CHARTERS , *LEGAL rights , *CIVIL rights , *JUDGE-made law - Abstract
Article 6 Treaty on European Union sets out two sources of fundamental rights in the EU—the Charter and the general principles of EU law—without specifying a hierarchy between them. Even though the Charter became binding over a decade ago, the Court of Justice of the European Union ('CJEU') is yet to clarify unequivocally how these two sources interact. In this article I argue based upon the relevant legal framework that the Charter ought to replace the general principles it enshrines. This leaves a role for general principles in the incorporation of new and additional rights into the EU legal framework. Such an approach is necessary to ensure that the Charter achieves its aims in enhancing the visibility of the rights protected by EU law, while also providing the impetus for more coherent rights protection within the EU. What an extensive survey of CJEU case law in the field of non-discrimination shows, however, is that the CJEU has struggled to let its general principles case law go, potentially hampering the transformative potential of the Charter. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
41. SUMA EDUCATIONAL FRAMEWORK: THE WAY TO EMBODIED TRANSDISCIPLINARY KNOWLEDGE TRANSFER.
- Author
-
Hristovski, Robert, Balagué, Natàlia, Almarcha, Maricarmen, and Martinez, Pau
- Subjects
PHYSICAL education ,KNOWLEDGE transfer ,CRITICAL thinking - Abstract
Contemporary education, based on a fragmented structure of topics, limits reasoning and critical thinking in students, contributing little to the development of the integrative competencies and knowledge considered essential in modern society. Interdisciplinary approaches give raise to new specialties, but do not reduce the barriers within and between STEM (Science, Technology, Engineering and Mathematics), Humanities and Arts. The proposal of the SUMA (Synthetic Understanding through Movement Analogies) educational framework is applying movement analogies to learn the unifying concepts of science, that is, concepts that persist despite the changes of scientific paradigms or theories, and have a pluri-contextual character. This way, the SUMA framework aims to capitalize on the current perspective of cognitive science that defines cognition as ecological, embodied and enactive, and emphasizes body movement as a means to acquire abstract concepts. After explaining the origins, rationale, ongoing research and supporting tools (learning platform) of the SUMA educational approach, the proposed learning phases illustrate the differences between the more known interdisciplinary physical education and the current approach. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
42. Tumor Imaging
- Author
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Hiorns, Melanie, Arthurs, Owen, Carachi, Robert, editor, and Grosfeld, Jay L., editor
- Published
- 2016
- Full Text
- View/download PDF
43. 'Clash of Titans' 2.0. From Conflicting EU General Principles to Conflicting Jurisdictional Authorities: The Court of Justice and the Danish Supreme Court in the Dansk Industri Case
- Author
-
Elena Gualco
- Subjects
general principles ,charter of fundamental rights of the european union ,supremacy of eu law ,sincere cooperation ,non-discrimination on grounds of age ,Law ,Law of Europe ,KJ-KKZ - Abstract
(Series Information) European Papers - A Journal on Law and Integration, 2017 2(1), 223-229 | European Forum Insight of 26 March 2017 | (Table of Contents) I. Introduction. - II. The Danish Supreme Court's reasoning. - III. The 'selective' supremacy of EU law according to the Danish Supreme Court: is it time to reaffirm Costa v. ENEL?. - IV. The horizontality of the EU Charter of Fundamental Rights. - V. Conclusion. | (Abstract) The present Insight focuses on the reception by the Danish Supreme Court (judgment of 6 December 2016, no. 15/2014, DI acting for Ajos A/S v. The estate left by A.) of the Court of Justice decision in the Dansk Industri case (judgment of 19 April 2016, case C-441/14 [GC]). Instead of disapplying a national provision which was found by the Court of Justice to be inconsistent with the general principle of non-discrimination of grounds of age, the Danish Supreme Court stresses that the Law of Accession of the Kingdom of Denmark to the European Union does not cover general principles of EU law and the national provision cannot be disapplied. The selective approach of the Danish Supreme Court raises a number of concerns which this Insight highlights: first, a clear misunderstanding regarding the functioning of general principles of EU law; second, a violation of the duty of sincere cooperation and the relate doctrine of supremacy of EU law; third, an arguable assessment of the effects of the Charter of Fundamental Rights.
- Published
- 2017
- Full Text
- View/download PDF
44. Codification of Administrative Law in Sweden
- Author
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Ribbing, Michaela, Reichel, Jane, Ribbing, Michaela, and Reichel, Jane
- Published
- 2023
45. General Principles of Skin Cover and Flaps to the Elbow, Forearm, Wrist and Hand
- Author
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Watson, Stewart, Trail, Ian A., editor, and Fleming, Andrew N.M., editor
- Published
- 2015
- Full Text
- View/download PDF
46. International Investment Law and Domestic Investment Rules: Tracing the Upstream and Downstream Flows.
- Author
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Ratner, Steven R
- Subjects
FOREIGN investments ,INVESTMENT laws ,INTERNATIONAL law ,FOREIGN investment laws ,JURISPRUDENCE - Abstract
International investment law and domestic law governing foreign investment strongly influence one another and indeed operate in a relationship of co-dependency or interoperability. Yet the flows between the two bodies of law, and their respective modalities of influence, remain generally unexplored in international legal theory. To shed light on this important phenomenon, this article traces the ways in which international investment law can affect the content of domestic investment law, using theories of international law compliance as a lens for such an understanding. It then proposes a set of pathways by which domestic law can influence the content of international investment rules. International law thus depends upon national law not only for its implementation but for its very content. Indeed, the regime of investment law will not tolerate significant discrepancies between the two. An appreciation of this dynamic is critical to evaluating the prospects of improvements to international investment law and can inform the ongoing discussions among stakeholders to this end. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
47. Spre principii generale 2.0: aplicarea principiilor generale ale dreptului Uniunii Europene în societatea digitală.
- Author
-
GROUSSOT, Xavier, ZEMSKOVA, Anna, and GILL-PEDRO, Eduardo
- Subjects
EUROPEAN integration ,INTERNET of things ,MODERN society ,BIG data ,DIGITAL technology ,PERSONAL space ,SOCIAL media in business ,SOCIAL media - Abstract
Copyright of Revista Română de Drept European is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2019
48. Внутрішнє право житлових громад – поняття та принципи
- Author
-
Dominik Tyrawa
- Subjects
внутреннее право товариществ собственников жилья ,общие принципы ,prawo wewnętrzne wspólnot mieszkaniowych ,решения ,житлова громада ,general principles ,загальні принципи ,постанови ,внутрішнє законодавство житлових громад ,товарищество собственников жилья ,zasady ogólne ,wspólnota mieszkaniowa ,the internal law of housing communities ,resolutions ,uchwały ,housing community - Abstract
Zagadnienie prawa wewnętrznego wspólnot mieszkaniowych nie było dotychczas podejmowane w literaturze przedmiotu w sposób kompleksowy. Problematyka ta jest niezwykle ważna z uwagi na to, że ułomnych osób prawnych w naszym kraju jest blisko pięć milionów. Prawo wewnętrzne wspólnot mieszkaniowych to konkretyzacja rozwiązań ustawowych, ale przede wszystkim system ten każdorazowo odzwierciedla specyfikę działania każdej wspólnoty mieszkaniowej z osobna. Są to zwłaszcza uchwały podejmowane przez wspólnotę, ale należy pamiętać też o innych, specyficznych dla tego systemu źródłach. Ich uzupełnieniem są zasady ogólne, których wyróżnienie jest niezwykle istotne, bo dopełnia złożoną problematykę podejmowania przez wspólnotę mieszkaniową uchwał. Niniejsze opracowanie bazuje na najnowszych poglądach doktryny oraz na orzecznictwie sądowym. The issue of the internal law of housing communities has not been dealt with comprehensively in the literature of the subject so far. This issue is extremely important given that there are nearly five million entities without legal personality in our country. The internal law of housing communities is a concretization of statutory solutions, but most importantly, the system each time reflects the specificity of the operation of each housing community separately. These are especially resolutions passed by the community, but other sources specific to this system should also be kept in mind. This issue is complemented by general principles, the distinction of which is extremely important, because it completes the complex issue of resolutions by the housing community. This study is based on the latest views of doctrine and judicial decisions. Питання внутрішнього права житлових громад досі в літературі вичерпно не обговорювалося. Це питання є надзвичайно важливим у зв’язку з тим, що в нашiй державі налічується близько п’яти міль- йонів юридичних осіб з обмеженими можливостями. Внутрішнє право житлових громад є конкретизацією нормативно-правових рішень, але перш за все ця система щоразу відображає специфіку функціонування кожної з житлових громад окремо. Особливо це рішення, прийняті громадою, але слід пам’ятати і про інші джерела, характерні для цієї системи. Вони доповнені загальними правилами, розрізнення яких є надзви- чайно важливим, оскільки завершують комплексне питання прийняття житловою громадою резолюцій. Це дослідження базується на останніх поглядах доктрини та судових рішеннях. Вопрос о внутреннем праве товариществ собственников жилья до сих пор не был всесторонне рассмотрен в литературе. Этот вопрос чрезвычайно важен в связи с тем, что в нашей стране насчитывается около пяти миллионов неполноценных юридических лиц. Внутреннее право товариществ собственников жилья является конкретизацией законодательных решений, но в большей степени эта система отражает специфику деятельности каждого товарищества собственников жилья в отдельности. Это, в частности, решения, принятые товариществами, но следует помнить и о других источниках, специфичных для данной системы. Они дополнены общими правилами, упоминание которых чрезвычайно важно, поскольку дополняет всю сложность вопроса о принятии решений товариществами собственников жилья. Настоящее исследование основано на последних положениях доктрины и судебных решениях.
- Published
- 2022
- Full Text
- View/download PDF
49. Preserving 40% forest cover is a valuable and well‐supported conservation guideline: reply to Banks‐Leite et al.
- Author
-
Arroyo‐Rodríguez, Víctor, Fahrig, Lenore, Watling, James I., Nowakowski, Justin, Tabarelli, Marcelo, Tischendorf, Lutz, Melo, Felipe P. L., Santos, Bráulio A., Benchimol, Maíra, Morante‐Filho, Jose Carlos, Slik, J. W. Ferry, Vieira, Ima C. G., and Tscharntke, Teja
- Subjects
- *
FOREST reserves - Abstract
Banks‐Leite et al. (2021) claim that our suggestion of preserving ≥ 40% forest cover lacks evidence and can be problematic. We find these claims unfounded, and discuss why conservation planning urgently requires valuable, well‐supported and feasible general guidelines like the 40% criterion. Using region‐specific thresholds worldwide is unfeasible and potentially harmful. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
50. INTERNATIONAL AND EUROPEAN LAW PRINCIPLES
- Author
-
Dumitriţa FLOREA and Narcisa GALEȘ
- Subjects
strike ,conflict of interests ,employees ,international law ,international relationships ,sources ,general principles ,Business ,HF5001-6182 - Abstract
We live nowadays a posteriori establishment through institutional treaties and a well-built jurisprudence that set up some of the general treaties. The structure of the European Union as well as the particular nature of the community legal order led to the establishment of some general principles, such as the principle of the institutional balance, the principle of solidarity between member states, the principle of primacy, the principle of the immediate and direct effect of the European law. It is certain that the legal order of the community law has its basis in the legal order of the International public law from which it has continuously delineated. The European communities, as subjects of the International public law are obliged to comply with the general International law, its fundamental principles and its bases, leading to some obligations capable to produce effects in the community legal order. The Court Of Justice of the European Union established as principles applicable in the European law the principles of the International public law, especially when it was called to assert regarding the International relationships of the Community as well as those of the 28 member states, confirming in the matter of the applicability of the treaties, the pacta sunt servanda rule, the principle of the good faith, the legitimate faith or the rebus sic standibus exception, all of them belonging to the custom International law.
- Published
- 2016
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