Search results for "fundamental"
showing 10 items of 535 documents
El Tribunal de Justicia de la Unión Europea como garante de derechos constitucionales en los Estados: la doctrina Taricco
2021
In which scenario can the Court of Justice of the European Union appear as guarantor of the fundamental rights contained in the Constitution of a State of the Union? The analysis of the CJEU in the M.A.S. and M.B., in a preliminary ruling raised by the Italian Corte costituzionale, following the previous Taricco case, gives the CJEU the opportunity to draw this scenario, in a matter related to the criminal prescription in relation to value-added tax.Summary:I. Consecutive processes. II. Ivo Taricco case: principle of primacy. 1. Conformity with Union Law 2. Consequences of the incompatibility with the Law of the Union 3. Fundamental rights. III. M.A.S. and M.B. case: constitutional rights. …
Human Rights and Substantive Equality in the Adjudication of Ethnic Practices
2016
With the development of human rights and anti-discrimination law, courts have increasingly been called upon to protect ethnicity related practices from general criminal and civil sanctions. These ‘claims of culture’ have so far been addressed with remarkable inconsistency, leading to popular fears of unlimited normative pluralism and targeted legislative measures. Compounding such controversies, philosophical approaches to multiculturalism have mostly been concerned with policy and offered vague or distorted portrayals of judicial challenges. This article seeks to fill the gap by exploring how the legal standard of substantive equality might structure the courts’ approach to a range of case…
Rights with limits: biocultural rights - between self-determination and conservation of the environment
2015
Kabir Bavikatte has recently argued that a new 'basket' of group rights is emerging from the interpretation of multilateral environmental agreements, domestic law and case law, and from shifts in the development discourse and the struggles of communities. He refers to this new set of rights as 'biocultural rights' and defines them as being all the rights of indigenous peoples and local communities required to secure their stewardship role over their lands and waters. Biocultural rights build on two foundations: the self-determination and cultural diversity of indigenous peoples and local communities, and the conservation of the environment. This article suggests that the second foundation i…
First-forbidden transitions in reactor antineutrino spectra
2019
© 2019 American Physical Society. We study the dominant forbidden transitions in the antineutrino spectra of the fission actinides from 4 MeV onward using the nuclear shell model. Through explicit calculation of the shape factor, we show the expected changes in cumulative electron and antineutrino spectra. Relative to the allowed approximation this results in a minor decrease of electron spectra above 4 MeV, whereas an increase of several percent is observed in antineutrino spectra. We show that forbidden transitions dominate the spectral flux for most of the experimentally accessible range. Based on the shell model calculations we attempt a parametrization of forbidden transitions and prop…
The anomalous magnetic moment of the muon in the Standard Model
2020
We are very grateful to the Fermilab Directorate and the Fermilab Theoretical Physics Department for their financial and logistical support of the first workshop of the Muon g -2 Theory Initiative (held near Fermilab in June 2017) [123], which was crucial for its success, and indeed for the successful start of the Initiative. Financial support for this workshop was also provided by the Fermilab Distinguished Scholars program, the Universities Research Association through a URA Visiting Scholar award, the Riken Brookhaven Research Center, and the Japan Society for the Promotion of Science under Grant No. KAKEHNHI-17H02906. We thank Shoji Hashimoto, Toru Iijima, Takashi Kaneko, and Shohei Nis…
The alhambra photometric system
2010
Aparicio Villegas, Teresa et al.
OS ECJ-TF 1/2018 on the Compatibility of Limitation-on-Benefits Clauses with the EU Fundamental Freedoms
2018
This article deals with compatibility of limitation-on-benefits (LoB) clauses with the EU fundamental freedoms, based on decisions of the European Court of Justice (ECJ). The context of this statement is the Commission's infringement procedure against the Netherlands with regard to the LoB clause in the Japan-Netherlands Income Tax Treaty (2010) and the inclusion of a simplified optional LoB clause in the BEPS Multilateral Instrument.
Reassessing Accuracy Rates of Median Decisions
2007
We show how Bruno de Finetti''s fundamental theorem of prevision has computable applications in statistical problems that involve only partial information. Specifically, we assess accuracy rates for median decision procedures used in the radiological diagnosis of asbestosis. Conditional exchangeability of individual radiologists'' diagnoses is recognized as more appropriate than independence which is commonly presumed. The FTP yields coherent bounds on probabilities of interest when available information is insufficient to determine a complete distribution. Further assertions that are natural to the problem motivate a partial ordering of conditional probabilities, extending the computation …
Quadratic ${\mathcal P}{\mathcal T}$-symmetric operators with real spectrum and similarity to self-adjoint operators
2012
It is established that a -symmetric elliptic quadratic differential operator with real spectrum is similar to a self-adjoint operator precisely when the associated fundamental matrix has no Jordan blocks.This article is part of a special issue of Journal of Physics A: Mathematical and Theoretical devoted to ‘Quantum physics with non-Hermitian operators’.
CGCG 480-022: A Distant Lonesome Merger?
2006
[EN]We present a complete analysis, which includes morphology, kinematics, stellar populations, and N-body simulations, of CGCG 480-022, the most distant (cz = 14,317 km s-1) isolated galaxy studied so far in such detail. The results all support the hypothesis that this galaxy has suffered a major merger event with a companion of ~0.1 times its mass. Morphology reveals the presence of a circumnuclear ring and possibly further ring debris. The radial velocity curve looks symmetrical, while the velocity dispersion increases with radius, reaching values that do not correspond to a virialized system. Moreover, this galaxy deviates significantly from the fundamental plane and the Faber-Jackson r…