The main hypothesis underlying this article is that although arbitrators are not formally part of national justice systems, they have dealt with questions of EU fundamental rights and the European rule of law standards for quite some time, at least formally since the landmark CJEU judgment in Eco Swiss in 1999. In fact, in all forms of arbitration, be it national or international, taking place in or across (Member) States daily and not necessarily concerning the application by arbitrators of EU law stricto sensu, arbitrators can be seen as guardians of many crucial procedural guarantees that increase parties’ access to justice and advance the European rule of law, or so we wish to argue. This article is an exploratory piece. That is, it combines the format of the state-of-the-art review with the format of conference proceedings through which we present the main activities of the DG Justice TRIIAL project concerning arbitration. Our main goal is three-fold: (1) to advance the discussion on the relationship between the European rule of law and arbitration, (2) to present the main findings stemming from research and training activities within the TRIIAL training workshops on arbitration, and (3) to formulate future research and practical questions on the topic at hand.
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Decisions and business rules are essential Components of an organization. Combined, these components form a basis for securing the implementation of new laws, regulations and internal policies into processes, work instructions and information systems. To ensure proper implementation, business rule types must be taken into account, as the functions per type may be different. The current body of knowledge on decision and business rule management offers some insights into different types of business rules, however, these types are often presented as a secondary focus of a contribution or set in stone without proper evidence supporting these claims. This study therefore aims to explore the different business rule types utilized in the body of knowledge as well as practice. This will form a basis to determine possible overlap and inconsistencies and aid in establishing the functional differences between the defined business rule types. By applying a literature review, semi-structured interviews and secondary data analysis, we observed that the current body of knowledge shows serious diffusion with regards to business rule types, the same holds for practice. Therefore, future research should focus to research these differences in detail with the aim to harmonize the proliferation of business rule types.
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Business Rule Management (BRM) is a means to make decision-making within organizations explicit and manageable. BRM functions within the context of an Enterprise Architecture (EA). The aim of EA is to enable the organization to achieve its strategic goals. Ideally, BRM and EA should be well aligned. This paper explores through study of case study documentation the BRM design choices that relate to EA and hence might influence the organizations ability to achieve a digital business strategy. We translate this exploration into five propositions relating BRM design choices to EA characteristics.
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Copyright enforcement by private third parties – does it work uniformly across the EU? Since the inception of Napster, home copying of digital files has taken a flight. The first providers of software or infrastructure for the illegal exchange of files were held contributory or vicariously liable for copyright infringement. In response, they quickly diluted the chain of liability to such an extent that neither the software producers, nor the service providers could be held liable. Moving further down the communication chain, the rights holders are now requiring Internet Service Providers (ISPs) that provide access to end customers to help them with the enforcement of their rights. This article discusses case-law regarding the enforcement of copyright by Internet Access Providers throughout Europe. At first glance, copyright enforcement has been harmonised by means of a number of directives, and article 8(3) of the Copyright Directive (2001/29/EC) regulates that EU Member States must ensure the position of rights holders with regard to injunctions against ISPs. Problem solved? Case law from Denmark, Ireland, Belgium, Norway, England, The Netherlands, Austria and the Court of Justice of the EU was studied. In addition, the legal practice in Germany was examined. The period of time covered by case law is from 2003 to 2013, the case law gives insight into the differences that still exist after the implementation of the directive.
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This document offers basic information about the European Union and the Council of Europe.
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Snelle technologische ontwikkelingen bieden kansen voor de maritieme sector. Zij maken de scheepvaart efficiënter, veiliger en schoner. De techniek heeft regelgeving en professionals nodig die ook klaar zijn voor de toekomst. Het lectoraat Maritime Law voert praktijkgericht onderzoek uit op de scheidslijn van recht en (maritieme) techniek samen met studenten, docenten, het bedrijfsleven en kennisinstellingen.
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Author supplied Business rules play a critical role in an organization’s daily activities. With the increased use of business rules (solutions) the interest in modelling guidelines that address the manageability of business rules has increased as well. However, current research on modelling guidelines is mainly based on a theoretical view of modifications that can occur to a business rule set. Research on actual modifications that occur in practice is limited. The goal of this study is to identify modifications that can occur to a business rule set and underlying business rules. To accomplish this goal we conducted a grounded theory study on 229 rules set, as applied from March 2006 till June 2014, by the National Health Service. In total 3495 modifications have been analysed from which we defined eleven modification categories that can occur to a business rule set. The classification provides a framework for the analysis and design of business rules management architectures.
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This article focuses on the recent judgment of the Court of Justice, Aranyosi and Caldararu. After conducting a legal analysis on this case, three issues are identified and they are separately discussed in three sections. The aim of this paper is to show the impact of this judgment on public order and public security in Europe on the one hand and on the individual’s fundamental rights, on the other hand. It is going to be argued that even though there are limits to the principle of mutual recognition, this new exception based on fundamental rights establishes a new procedure for non-surrender. Therefore, the Court of Justice creates a non-execution ground which the EU legislator did not intend to include in the Framework Decision on the European arrest warrant. This is explained by looking at the three interconnected notions of Freedom, Security and Justice.
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With the EU struggling to maintain itself, it is highly relevant to look into the drive for and original vision on European unification of its principal architect, Robert Schuman, then French Minister of Foreign Affairs. The Schuman Declaration (1950) gave birth to the EU and procured the longest period of peace among its member states since the Treaty of Verdun (843). This article shows how Schuman’s Catholic faith influenced his life and therefore his politics. His drive to be a faithful instrument of Providence, supported by his origins from Alsace-Lorraine, made him strive towards peace on the European continent. He envisaged a European political integration through economic cooperation at the service of man and his transcendence and rooted in the common European spiritual and cultural heritage. This implied reconciliation, effective solidarity, subsidiarity and supranationality for European common interests through an integration in small steps.
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This article addresses European energy policy through conventional and transformative sustainability approaches. The reader is guided towards an understanding of different renewable energy options that are available on the policy making table and how the policy choices have been shaped. In arguing that so far, European energy policy has been guided by conventional sustainability framework that focuses on eco-efficiency and ‘energy mix’, this article proposes greater reliance on circular economy (CE) and Cradle to Cradle (C2C) frameworks. Exploring the current European reliance on biofuels as a source of renewable energy, this article will provide recommendations for transition to transformative energy choices. http://dx.doi.org/10.13135/2384-8677/2331 https://www.linkedin.com/in/helenkopnina/
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