Search results for "proportionality"
showing 10 items of 36 documents
Liberalización de los servicios transfronterizos en el Derecho de la Unión Europea
2020
SummaryI. Liberalization of services. II. Case of Matteo Peralta 1. Applicable Legislation 2. Situation of domestic law 3. Freedom of services 4. Flag discrimination. 5. Restrictions on services 6. Freedom of establishment. 7. Measures of equivalent effect 8. Free competition. III. Case of Alpine Investments. 1. Scope of services. 2. Restriction of origin 3. Jurisprudence Keck and Mithouard 4. Justification of the restriction 5. Need for the measure IV. Conclusions. Bibliography.AbstractThe study addresses the methodology conceptual system and argumentative structure used by the European Union Court in the analysis of the liberalization or free provision of cross-border services between …
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…
Case of Monopolies at Stake
2005
In this chapter, our purpose is to illustrate the complexity of the outcomes of technological change and the concerns of regulators in the European gambling markets. In 2002, the Finnish Betting and Tipping Company, Veikkaus, estimated, that Finns’ Internet gambling decreased its turnover of betting by 10%. Such leakage is a reason why politicians in different states are considering imposing restrictions of online gambling to other parties of the gambling process, such as Internet service providers, banks, and credit card companies. On the other hand, one possible way to caulk the leakage could be to improve the returns of the players, but this has an adverse effect on the social and politi…
How Electoral Institutions Change the Influence of World Trade Integration on Trade Policies
2014
World integration levels influence opportunity costs of maintaining restrictive national trade policies. In an integrated world, restrictive trade policies are more costly than in a context of low overall levels of world market integration. We argue that policy makers can be expected to react to these varying incentives to liberalize the trade regimes of their countries, yet do so not in a uniform fashion across countries. Rather, the responsiveness to changes in levels of world trade integration is conditional upon the electoral system the country in question employs. This is due to the fact that opportunity cost considerations increase in importance with a) the degree to which policy make…
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.
Note critiche sui nuovi reati a tutela del patrimonio culturale: incoerenze normative e questioni aperte
2022
Il presente contributo analizza la recente riforma in materia di tutela penale dei beni culturali. Lungi però dal voler fornire un quadro generale della stessa, l’articolo si concentra esclusivamente su due profili problematici, entrambi presumibilmente figli di una non adeguata ponderazione delle scelte di incriminazione. Sotto un primo profilo, si analizzano le possibili censure di irragionevolezza sanzionatoria della recente normativa se paragonata alla disciplina prevista dalla legge n. 45/2009. In aggiunta, l’attenzione è rivolta alle possibili carenze in punto di contrasto al fenomeno del traffico di beni culturali, vagliando criticamente la scelta di criminalizzazione della condotta …
Occupazione militare e tutela della proprietŕ privata
2012
Moving from the complementary relationship between International Humanitarian Law and International Human Rights Law, this article analyses the issue of private property in occupied territory from the civilians perspective. In the attempt to verify if contemporaneous practice has modified customary international law obligations of Occupying Powers, the Author highlights the complex and heterogeneous evolution of the protection of the right to private property. On the one hand, practice confirms the strengthening of its safeguard by the extensive interpretation of the absolute prohibition on confiscation, forbidding an occupying power to take "permanent" measures of dispossession and de fact…
Axiomatic characterization of the weighted solidarity values
2014
Abstract We define and characterize the class of all weighted solidarity values . Our first characterization employs the classical axioms determining the solidarity value (except symmetry ), that is, efficiency , additivity and the A-null player axiom , and two new axioms called proportionality and strong individual rationality . In our second axiomatization, the additivity and the A-null player axioms are replaced by a new axiom called average marginality .
On Introducing Proportionality in American Presidential Elections: An Historical Analysis, 1828-2008
2011
It is well known that the President of the United States is elected by the Electoral College and not directly by the population. Every time a candidate who does not win the most popular votes is elected President, detractors of the Electoral College call for its abolishment and supporters extol its undoubtedly merits. This article investigates what would have happened if a solution halfway between both extremes (a direct national election and the current system) had been used in historical Presidential elections; namely, a proportional rule with thresholds to assign electors in each state. This system would generate electoral colleges closer to popular will, reduce the risk of electing a mi…
Key Electoral Institutions and Rules Influencing Proportionality and Partisan Bias in Spanish Politics
2021
The current paper focuses on the Spanish electoral rules governing political competition for the central “Congreso de los Diputados”. It is well-documented that the system as a whole has traditionally favoured one or the other of the two main political parties (PP and PSOE) at the expense of proportionality and the remaining political parties. This paper focuses on some key Spanish electoral rules and investigates how much the observed biases could be altered by introducing some alternative rules taken from the Swedish electoral system, ceteris paribus. Measures of disproportionality are made through the Loosemore–Hanby index and the Gallagher index. The electoral raw data used for our esti…