Search results for "proportionality"
showing 10 items of 36 documents
Management of Distribution Risks and Digital Transformation of Insurance Distribution—A Regulatory Gap in the IDD
2021
The Insurance Distribution Directive (IDD) aims to regulate insurance distribution in the EU regardless of distribution channels and means. Although new technologies affect insurance distribution, the IDD does not explicitly regulate this digital transformation. Insurers and intermediaries must comply with detailed business conduct rules that aim to counteract distribution risks. However, the IDD exempts ancillary insurance intermediaries from its scope when they meet certain conditions. The article highlights the regulatory framework on insurance, requiring insurers and intermediaries to address distribution risks, and analyses how this exemption affects the management of distribution risk…
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…
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…
Make It or Break It: The Break-Through Rule as a Break-Through for the European Takeover Directive?
2003
The break-through concept is the most recent idea to break the deadlock with respect to EU takeover legislation. As devised by the High-Level Group of Company Law Experts, chaired by the Dutch Jaap Winter, the break-through concept would do away with two of the most important types of impediments to takeovers within EU member states. The first part of the paper explores the break-through concept in some detail, particularly with respect to its premises, its two guiding principles - exclusive shareholder decisionmaking and proportionality, - and the justifications given by the Group for the proposed interventionist rules. The second part of the paper is dedicated to an analysis of the econom…
Relations between the cohesive energy, atomic volume, bulk modulus and sound velocity in metals
2011
By analysing the experimental data available in the literature, it has been found that the bulk modulus B of metals is proportional to the cohesive energy density Ec/V. For metals which start to melt having the close packed structure A1 or A3 the proportionality factor in the forementioned correlation is distinctly greater than that for metals melting from the A2 type structure. The existence of the correlation between the bulk modulus and the cohesive energy density leads to another, hitherto unrevealed correlation between the sound velocity, cohesive energy and the molar mass of metals: u2 ~ Ec/μ.
Fiscal flows in Europe: The redistributive effects of the EU budget
2000
Fiscal Flows in Europe: The Redistributive Effects of the EU Budget. — In this paper we analyze the redistributive effects of the EU budget among European countries, exploring the relationship between income and fiscal flows, both in per capita terms. Using a new data set on EU budgets from 1986 to 1998, we find that the EU budget has a redistributive effect, though only on its expenditure side. The most redistributive expenditure category is the Regional Fund, followed by the Social Fund and by the guarantee section of the EAGGF. All of them have become increasingly redistributive in time. Total budgetary revenues show only proportionality with income. As regards the net financial balance,…
Perceived effectiveness, restrictiveness and compliance with containment measures against the Covid-19 pandemic: an international comparative study i…
2021
National governments took action to delay the transmission of the coronavirus (SARS-CoV-2) by implementing different containment measures. We developed an online survey that included 44 different containment measures. We aimed to assess how effective citizens perceive these measures, which measures are perceived as violation of citizens’ personal freedoms, which opinions and demographic factors have an effect on compliance with the measures, and what governments can do to most effectively improve citizens’ compliance. The survey was disseminated in 11 countries: UK, Belgium, Netherlands, Bulgaria, Czech Republic, Finland, India, Latvia, Poland, Romania, and Sweden. We acquired 9543 unique r…
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…
¿Hay límites a la regresividad de derechos sociales?
2016
La constatación de modificaciones legislativas que afectan negativamente al objeto y alcance de derechos sociales y que dan lugar a retrocesos de los mismos plantea importantes cuestiones sobre sus condiciones de posibilidad. En este artículo se sostiene la tesis de acuerdo con la cual los retrocesos o la reversibilidad de los derechos sociales son decisiones normativas limitadas fundamentalmente por dos expedientes, garantías o salvaguardas. El primero es la posibilidad de determinar un contenido esencial para los derechos sociales. El segundo radica en situar el peso de la justificación de la decisión en la identificación de la legitimidad del fin de la norma. Ambos conducen, en el ámbito…
Fundamental rights and the proportionality principle
2017
The paper assesses the widespread use of the test of proportionality in fundamental rights adjudication. While constitutional and human rights courts all over the world appear to be consistently engaged in deploying the test of proportionality in order to assess the permissibility of a given rights limitation, this approach is under severe criticism insofar as it is considered an attack to the very idea of fundamental rights. The paper will discuss this criticism of the use of proportionality, and will provide a defense of its use by courts in light of some basic features of the contemporary discourse of fundamental rights. El artículo evalúa el uso generalizado de la prueba de proporcional…