Search results for "AW [Intelligence agency]"
showing 10 items of 651 documents
Die Grenzen der Solidarität
2020
This paper uses the COVID-19 pandemic to reflect on the relationship between governance and solidarity It considers how a social model based on self-regulating individuals has been complemented by a new form of state dirigisme reliant on evocations of solidarity However, this configuration may be approaching the limits of its viability Given that governance relies on the robust internalization and execution of both care and control and on an ethos of renunciation, especially among the middle and upper classes, the paper proposes the need for analyses that better incorporate concepts of social inequality © Vandenhoeck & Ruprecht GmbH & Co KG, Gottingen 2020
Criminal networks analysis in missing data scenarios through graph distances
2021
Data collected in criminal investigations may suffer from issues like: (i) incompleteness, due to the covert nature of criminal organizations; (ii) incorrectness, caused by either unintentional data collection errors or intentional deception by criminals; (iii) inconsistency, when the same information is collected into law enforcement databases multiple times, or in different formats. In this paper we analyze nine real criminal networks of different nature (i.e., Mafia networks, criminal street gangs and terrorist organizations) in order to quantify the impact of incomplete data, and to determine which network type is most affected by it. The networks are firstly pruned using two specific m…
La costituzione dell’European Law Institute e le sue sfide
2012
Traduzione dall’inglese della lezione tenuta dal prof. Reinhard Zimmermann in occasione della nascita dell’European Law Institute. Testo ricco di spunti comparatistici e di una decisa vocazione europeista.
Le commerce équitable et la société civile internationale : une chance pour la mondialisation d'un droit de l'économie solidaire
2003
SUMMARY The international trade law passes through a crisis of legitimacy following the inequitable character of its rules and the irrelevance of its principles to the peculiarities of the North-South relations. Being the legal translation of the capitalist free market economic system, these rules are to protect the mercantile and free trade values. In order to overcome this crisis the movement of fair trade has emerged and has since its origin been supported by members of the international civil society. Fair trade means taking into account the standard of living and the conditions of employment of the marginalized producers in developing countries so as to improve them. This study is an a…
The Puzzle of the New European COMI Rules: Rethinking COMI in the Age of Multinational, Digital and Glocal Enterprises
2019
EU Regulation 2015/848 (Recast) laid down new rules on the debtor’s ‘centre of main interests’ (COMI) both to make it easier to determine international jurisdiction and to prevent a debtor from fraudulently relocating his/her/its COMI from one Member State to another. However, the terms of the litigation concerning the NIKI case and an in-depth analysis of the Recast demonstrate that this operation has been unsuccessful. This paper argues: first, that the new COMI rules contain logical and teleological flaws; secondly, that the prerequisite that the COMI ‘shall be the place […] which is ascertainable by third parties’ is a duplicate of the prerequisite ‘on a regular basis’; thirdly, that th…
The Concept of Worker in European Union Law and Its Application to the New Economic Realities. Is the Reasoned Order of the CJEU in the Case of Food …
2020
The complex interpretation of the concept of worker for European Union law has been caught up, as it could not be otherwise, with the question of digital platforms and the new way of organising labour. In this work, the CJEU's Reasoned Order will be analysed, where for the first time an approach is made to the subject of the concept of worker applied to digital platforms in the field of Union law.
The notion of Organised Crime in eu law
2017
The contribution consider, first, the original multiplicity of national legislative solutions with respect to the crucial issue of ‘punishability’ of criminal organisations; then, identify the common standards under european harmonisation legislation, along with their respective characteristics and problems, in order to finally assess the most recent situation and the effectiveness of EU action in this area. A more general consideration on the nature of harmonisation in this area serve as background: what is at stake is not so much a rule (of EU law), but rather an actual principle (of EU law). As such, it cannot be evaluated in absolute terms of success or failure, of either standards rigi…
A new and controversial scenario in the gathering of evidence at the European level: The proposal for a directive on the European investigation order
2014
In April 2010 a group of EU Member States proposed a Directive on the European Investigation Order, an instrument which, if adopted, will significantly change the way in which evidence is gathered at the EU level. After the failure of the EEW, which focused on the exchange of evidence which had already been gathered, the objective of the new text is to create a single instrument for obtaining all kinds of evidence located in another Member State. The aim of this paper is to examine, within the current framework, the suitability of this new instrument, with particular reference to its impact on the rights of defendants.
Nuovi assetti del diritto inglese: alcune considerazioni
2014
Análisis del despido nulo ex Art. 55.5 ET
2020
En este trabajo se realiza un análisis de la configuración jurídica de la institución recogida en el art. 55.5 ET en relación con la declaración automática de nulidad de los despidos que tengan como móvil alguno de los supuestos relacionados en sus letras a), b) o c), esto es, relativos a la conciliación de la vida familiar y laboral, tanto desde el punto de vista de su conceptuación como nulidad objetiva -sin necesidad de comunicación expresa al empresario-, como desde el punto de vista de su extensión temporal de protección. Para ello, se analiza, en primer lugar, la normativa, tanto a nivel internacional, comunitario y nacional. A continuación, se examina su ámbito de protección, centrán…