Search results for "proportionality"
showing 10 items of 36 documents
Electoral Rules and Proportionality in Spain: Estimating the Impact of some Swedish Rules Through the 2011 Electoral Data
2016
In democratic countries policy making is always framed by many procedures and rules. Some of these rules are particularly critical for allowing more or less proportionality in legislative chambers, though the behavior of political actors also matter. The rules used for technically converting votes into political representatives often exercise such an important role in western countries. In this chapter we provide an estimation of the impact upon proportionality between seats and votes that might have resulted in the 2011 Spanish general elections if some Swedish electoral rules had been applied, ceteris paribus. As we are aware that electoral reforms favouring proportionality may hinder the…
Federalism, Proportionality, and Popular Will in US Presidential Elections: Did Colorado Have the Right Idea?
2015
As is well known, the United States is a federal country composed of 50 states plus the District of Columbia, where the individual states and the country as a whole are each sovereign jurisdictions. This is reflected everywhere in its political-administrative structure, including the election of the US President, who is elected by the Electoral College and not directly by the people; an issue that provokes a confrontation between abolishers of the Electoral College and supporters of the current system each time a candidate not winning the most popular votes is elected President (last time in 2000 elections). Between both extremes, there are intermediate solutions that, while continuing to r…
The Criterion of “Consistent and Systematic Manner” in Free Movement Law
2017
The conflict between the four freedoms and national regulation is not merely about colliding interests but also of colliding values and thus has, potentially, constitutional implications. The conflict has often been phrased as one between national sovereignty and European integration, but is far more than this. It is about marked liberalism and market regulation, the latter constituting the very fundament upon which the European welfare states rest. In settling conflicts between the two constitutional orders—the ordo-liberal and the welfare-state constitutions—the Court of Justice of the European Union (CJEU) applies the proportionality principle. However, the proportionality principle is a…
Licenziamento e rideterminazione della sanzione disciplinare nel lavoro pubblico privatizzato
2020
Il contributo, dopo un’analisi della disciplina sanzionatoria del licenziamento invalido nel pubblico impiego, prende in esame il nuovo art. 63, c. 2 bis, del D.lgs. n. 165/2001. La norma, che attribuisce al giudice il potere di rideterminare la sanzione in caso di difetto di proporzionalità, è oggi una peculiarità della disciplina del lavoro pubblico privatizzato. L’Autore ritiene che questa si ponga in controtendenza con le recenti riforme del lavoro in Italia, in quanto recupera importanti spazi alla discrezionalità giudiziale.
Una propuesta para trabajar la proporción desde el arte
2013
[EN] We present a proposal addressed to students of the first courses of ESO. Through these activities, pupils will work concepts related with proportionality. Our proposal is developed along art history, the students will acquire skills related with proportionality through the uses the artists have done throughout history. Through a route beginning in ancient Egypt and ending in today Athens, students will act as the artists, architects or even tour guides to deal with technical problems and solve them mathematically. Some of the activities have been already implemented in the project Estalmat CV (a mathematic stimulation program for talented students) and later adapted to a conventional c…
Effective-Lagrangian formulation of generalized vector dominance. II
1975
As in a preceding paper we generalize the Lagrangian of Lee and Zumino to include several mutually interacting vector mesons. The treatment is more general in the sense that all possible interactions between the vector mesons, compatible with the field-current proportionality relations, are now discussed. It is moreover demonstrated that also the fields corresponding to the physical vector mesons satisfy a field-current proportionality relation of exactly the same form. Comparison of the different schemes and their implications for the magnetic moments of the vector mesons are discussed.
The Protection of the Right of Freedom on the European Union Level: The European Arrest Warrant and Non-custodial Pre Trial Measures. The Guideline o…
2012
“Protection of fundamental rights in particular must be central to the operation of the system:” this formula, found at the heart of the most recent official assessment of the EAW (2011), perfectly summarizes, in terms of political policy, the progressive shift of emphasis from efficiency and security towards the primacy of the protection of individual rights across the entire field of EU measures restricting individual liberty. The experience gained in terms of the principle of proportionality thus becomes a basic paradigm for the interpretation of the system in terms of applied law. The three levels through which the filter of proportionality has operated in the system of the EAW (multile…
The Protection of the Right of Freedom on the European Union Level: The European Arrest Warrant and Non-custodial Pre Trial Measures. The Guideline o…
2013
"Protection of fundamental rights in particular must be central to the operation of the system": la formula, adoperata al culmine del più recente documento valutativo sull’esperienza del MAE (2011), ben sintetizza, sul piano dell'indirizzo politico, il progressivo spostamento degli accenti logici, dalla prospettiva dell'efficienza e della sicurezza a quella della primazia della tutela dei diritti individuali, dell'intero quadrante delle misure limitative della libertà individuale in ambito UE. I vissuti del principio di proporzionalità divengono, per questa via, paradigmi di fondo per la lettura del sistema in termini di applied law: i tre livelli attraverso i quali il filtro di proporziona…
Il governo tecnocratico della moneta e i crocevia del processo di integrazione europea. Riflessioni alla luce della sentenza Weiss
2021
The well known judgment of the German Constitutional Court in the “Weiss” case has been widely criticized under EU law, mainly because of its being in contrast with a preliminary ruling rendered by the European Court of Justice in 2018. At variance with these criticisms, it is here submitted that such a judgment brings well into focus some institutional ambiguities of the Economic and Monetary Union (EMU); namely, the powers (more and more) exercised by the European Central Bank (ECB) in the field of macroeconomic regulation and control, in spite of (its) not being provided with political legitimacy. Seen in this perspective, the “Karlsruhe” judgment objectively looks as aimed at restoring …
Covid 19, Stato di diritto e Convenzione europea dei diritti dell'uomo: il caso ungherese
2021
In this brief intervention it is submitted that the emergency measures against COVID-19, adopted by the Hungarian Government, infringe the rule of law under the European Convention of Human Rights. First of all, these measures appear to be discriminatory, according to art. 1 of the Convention, insofar as they expressly aim at protecting only Hungarian citizens. Furthermore, they are not “necessary” under article 15, given that they extend to the « legal security and the stability of the national economy ». Thirdly, the measures at stake cannot be deemed proportionate (under art. 15), to the extent that : (a) they are not limited in time ; (b) they provide the government with the power to ex…