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(Series Information) European Papers - A Journal on Law and Integration, 2024 9(1), 131-144 | European Forum Insight of 18 June 2024 | (Table of Contents) I. The citizenship of the Union: an evolving, slippery ground. - II. The case-law concerning the loss of the EU citizenship. - ii.1. Case-law overview: characterization and main features. - ii.2. Legal principles of EU citizenship law established by the Court. - III. The proportionality test and its effectiveness. - iii.1. Individual examination. - iii.2. Effective possibility to recover the nationality ex tunc. - IV. Individual examination and due process rights: information and reasonable time. - V. Concluding Remarks | (Abstract) The judgment in Stadt Duisburg, concerning the loss of German (and, thus, EU) citizenship in the context of naturalization proceedings, adds a new chapter to the “judicial saga” of loss of a Member State’s citizenship and compatibility of its national measures with EU law. This Insight focuses on such a case-law of the Court of Justice (“ECJ” or “the Court”), which reflects the compromise between the “untouchable” State sovereign competence in nationality matters and the gradual consolidation of a “procedural armour” assisting the loss of the EU citizenship and the rights attached thereto. Building on this assumption, the Insight retraces and examines the main principles of EU citizenship law elaborated by the Court via its case-law, inaugurated with its 2010 leading case Rottmann, and complemented with the latest additions of the 2024 judgment in Stadt Duisburg. The main idea emerging from this jurisprudence is that, essentially, the competence to establish criteria for the loss of nationality is, and remains, firmly in the Member States’ hands. Its exercise, though, is increasingly made contingent on the respect of basic, legal principles of EU procedural law, i.e., proportionality, effectiveness and due process of law. In other words, the ECJ does not intervene on the substantial side of the Member States’ competence (the “if”), but rather on the procedural one (the “how”), thereby influencing its concrete exercise.

Copyright of Revista Digital de Derecho Administrativo is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

With the aim of strengthening the didactic capacity of teachers in the Frenchspeaking Belgium in the teaching of proportionality, we designed a distance training course. The training lasted four weeks and benefited a total of 93 teachers. To evaluate the effectiveness of this training, we administered a pre-test and a post-test, assessing respectively the teachers' self-efficacy, their feeling of confidence in the didactic field and their satisfaction with the training. The results showed a significant improvement in teachers' confidence and self-efficacy. These positive results underline the importance and relevance of offering further online training courses focusing on the teaching of proportionality, with the aim of optimizing teachers' pedagogical skills in this specific mathematical area.

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(2), 853-878 | Article | (Table of Contents) I. Dual-track proceedings and the current scope of protection. – II. The need for a clear notion of “idem”. – III. The “sufficiently close connection in substance and time”: ECtHR case-law post A and B v Norway. – IV. The “sufficiently close connection in substance and time”: the unspoken balancing act engaged in by the ECtHR and an alternative criterion to assess whether there was a duplication of proceedings. – V. Lis pendens and ne bis in idem. – VI. Conclusion. | (Abstract) This Article analyses the issue of the compatibility with the ne bis in idem principle of the double-track sanctioning systems present in various European legal orders in the light of the case-law of the European Court of Human Rights and the Court of Justice of the European Union. In particular, after a reconstruction of the most significant case-law after the famous ruling A and B v. Norway, three main critical points are brought into focus: the divergences between the national and European case-law on the interpretation of the notion of idem factum, the difficult practical application of the close connection test between proceedings developed by the European Court of Human Rights, which can be seen as the precipitate of an unsatisfactory balancing act of opposing interests, and the possible extension of the ne bis in idem principle also to cases of lis pendens.

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(2), 741-754 | European Forum Insight of 21 November 2023 | (Table of Contents) I. Introduction and an overview of the salient facts - II. The status of power infrastructures under international humanitarian law - II.1. Rising to the occasion: pushing for a narrower definition of military objectives - II.2. Can “dual-use objects” be indispensable to the survival of the civilian population? - III. The application of the principle of proportionality in case of attacks against dual-use objects: towards a more stringent standard? - IV. Concluding remarks | (Abstract) The wave of attacks launched by Russia against Ukraine’s power infrastructures since October 2022 represents one of the most debated and peculiar aspects of the current international armed conflict between the two countries. Although these types of attacks cannot be labelled as unprecedented nor understudied given their frequent occurrence in situations of armed conflict, some of the legal issues that they raise remain to this day unresolved and deserve to be further analysed and discussed. After setting the scene and providing an overview of the most salient facts, the present Insight will reflect on the so-called “dual-use” status of these targets, starting with questioning what this status entails and whether it is always correct to assume that the civilian function of dual-use objects does not figure into whether the object is a military objective for targeting purposes. After challenging this broadly permissive reading of art. 52(2) of Additional Protocol I to the Geneva Conventions, this Insight will turn to the application of the principle of proportionality in case of attacks against dual-use objects, supporting the view that this remains, to this day, the most promising - although not necessarily the only - option to accord greater protection to civilians from effects of attacks against facilities that are key to their survival.

Proportionality in mathematics occupies an important place not only in teaching but also in everyday life. Roblin (2015) tells us that it is not an easy thing to teach. This article aims to understand teachers' teaching methods in proportionality. To achieve this, a questionnaire distributed to primary and secondary school teachers will allow us to analyze their conceptions and their declared practices when teaching proportionality and this, according to their level of teaching: primary or secondary. Our results show that the level of difficulty of teaching proportionality perceived by the teachers is high. Our analyses will be followed by a discussion and recommendations for the training and teaching of proportionality.

(Series Information) European Papers - A Journal on Law and Integration, 2021 6(3), 1527-1551 | Article | (Table of Contents) I. Introduction: when European and constitutional law collide. – II. Constitutional pluralism and the idea of an appeal court. – III. From Karlsruhe to Luxembourg and back: OMT and PSPP. – IV. The many faces of proportionality. – V. Proportionality in the PSPP decision of the FCC. – VI. Discussion. – VII. Conclusion: a way out of constitutional pluralism? | (Abstract) In May 2020, for the first time in its history, the Federal Constitutional Court (FCC) of Germany declared Union acts as being ultra vires. According to the FCC, the European Central Bank (ECB) and the Court of Justice of the European Union (CJEU) had acted beyond their mandates because they did not apply strong proportionality standards to the ECB’s Public Sector Purchase Programme (PSPP). The resulting stalemate within constitutional pluralism has revived the discussions about loyalism within constitutional pluralism and about the possible introduction of an appeal court with the “final say” over constitutional conflict. This Article shows that, contrary to the assessment of some critics, the controversial ruling of the Federal Constitutional Court was within the bounds of loyal behavior within constitutional pluralism. As the analysis of the PSPP conflict also shows, a European super-judicial authority would reach its limits the more we move from the surface to the core of the struggles between European and national constitutional law. The different readings of proportionality are difficult to bridge, and the mutually exclusive claims about the nature of the supremacy of European law are not accessible to compromise at all. We should therefore not expect too much from an appeal court, if it were introduced.

Respect for the right to privacy is an imperative in a democratic society, which is imposed on both individuals and state authorities. The rule is to respect the right to private life, and the infringment of this right is the exception. Such an exception is also the possibility to take biological samples from certain persons, in order to determine the genetic profile, provided by Law 76/2008 on the organization and functioning of the National Judicial Genetic Data System. Like any infringement of the exercise of a fundamental right or freedom, the possibility of taking biological samples must be strictly framed. This frame is achieved through the conditions deriving from art. 53 of the Romanian Constitution and art. 8 par. 2 of the European Convention on Human Rights. The most important conditions for such a restriction are necessity and proportionality. The task of verifying compliance with these two conditions is shared. On the one hand, the task lies with the legislator, who, when adopting or amending the law providing for the possibility of taking biological samples, will make an abstract assessment of the two conditions. On the other hand, the task belongs to the judicial bodies (judge or criminal investigation body) that order the taking of evidence. They shall carry out a concrete analysis in the light of the circumstances of the case and determine whether the measure is necessary and proportionate.

This paper argues against the most important theoretical foundations which Walter Block uses to defend his thesis that Evictionism legitimizes indirectly deadly evictions of a progeny while simultaneously forbidding abortion. It begins by presenting Block’s Gentleness principle and Rothbard’s principle Proportionality separately. Then, it compares both principles to analyze how satisfactorily each of them deals with some important general problems of libertarian legal theory. The ‘bubble gum theft’ scenario is the main tool for this comparison because both authors uses ‘petty theft’ examples to illustrate their respective principles. This paper’s conclusions are as follows: First, every moment of crime is interconnected. Second, proportionality applies to every moment of crime. Third, that Block’s so-called ‘gentleness principle’ is not only redundant to proportionality, but also cannot be a libertarian principle for two reasons: (1) it implies positive rights and obligations; (2) it presupposes a deterrence penology. This paper is the first in a series of three in an attempt to reform the standard libertarian stance on abortion.

(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 801-829 | Article | (Table of Contents) I. Introduction. - II. The preliminary reference of the German Constitutional Court and the preliminary ruling of the Court of Justice. - III. Not ultra vires! The problematic reasoning of the German Constitutional Court. - III.1. The attempt to redefine the methods of interpretation of EU law: The misconstruction of the role of proportionality. - III.2. The attempt to redefine the methods of interpretation of EU law: The misconstruction of the intensity of the proportionality review. - III.3. Breaking the promise of exercising the ultra vires review in a cooperative and European friendly way. - IV. On the role of central banking and the relationship between economic and monetary policy. - IV.1. The applicable measure of judicial review over the policy measures of the European Central Bank. - IV.2. The existence of an overlap between monetary and economic policy and the role of the European Central Bank. - V. Concluding observations. | (Abstract) In its famous PSPP judgment, the German Federal Constitutional Court activated for the first time its ultra vires doctrine and declared that both the Secondary Markets Public Sector Asset Purchase Programme of the Europe-an Central Bank and its interpretation by the CJEU violated the proportionality requirements by not examining in a comprehensive and substantiated manner the economic policy effects that its practical implementation inevitably entails. However, this judgment is based on a manifestly erroneous interpretation of the relationship be-tween the principles of proportionality and conferral and constitutes a concealed attempt to redefine the methods of interpretation of EU law and to impose the traditional perception of the constitutional court about the role of central banking and the existence of an absolute and inviolable separation between monetary and economic policy. At the same time, the constitutional court breaks its promise to exercise its ultra vires review in a cooperative spirit and fails to exhaust the institutional means that were available to it in order to resolve the matter in a legally appropriate and amicable manner that would not essentially amount to a precarious attempt to adjudicate economics.

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 estimations comes from the 2011, 2015 and 2016 last three Spanish general elections. The basic contribution of the paper is an empirical one as it provides a new example that institutions matter for results.

This paper is written to articulate in a summary form 14 evidently-known essential and personalistic principles from the teachings of St. Thomas Aquinas needed, especially by Pope Francis, to understand a third period of neo-Thomism we are now in: Born-again, or Ragamuffin, Thomism. It maintains that, without application of these principles to the Church’s “new evangelization,” this movement will fail. With that failure the Church will be unable to halt the cultural suicide in which the West is presently engaged.

In order to effectively prevent the COVID-19 Pandemic, for the first time in the history of the Republic of North Macedonia by decision of the President of the Republic on March 18, 2020, a state of emergency was established, which in addition to intensified measures to protect public health, also implied the introduction of a special legal regime whose basic characteristics are: deviation from the constitutional principle of separation of powers and taking over by the Government of legislative powers and the opportunity to limit basic human rights and freedoms and to take intervention measures by the executive power in economics, education, labor relations, and other spheres of social life. In this regard, the declaration of a state of emergency has activated the constitutional authority of the Government to perform its legislative function. Unlike other constitutions that regulate in more detail the powers of the Government, parliamentary control, enactment of decrees with the force of law and other regulations, as well as the restriction of human rights in a state of emergency, the Constitution of North Macedonia does not contain special provisions on the government powers, except enacting decrees with the force of law. Due to such a constitutional gap, the question remains whether such regulations remain in the legal system even after the state of emergency ceases. The Constitution of North Macedonia only stipulates that the authorization of the Government to adopt decrees with the force of law lasts until the end of the state of emergency, which is decided by the Parliament, without considering the situation when the state of emergency is declared not by the decision of Parliament but by the decision of the President of the Republic. With this paper authors by explaining the principle of the Rule of Law as a generally accepted International and European standard in such situations, using: normative legal method, comparative legal method, intentional, systematic and objective interpretive methods, will focus on the specific analysis of the judicial control of decrees with the force of law by the Constitutional Court of North Macedonia, in terms of, to what extent the principle of proportionality was respected in the adoption of such decrees which derogated existing laws in order to protect the public health of citizens.

Copyright of Annales de la Faculté de Droit d'Istanbul is the property of Annales de la Faculte de Droit d'Istanbul and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

When analyzing the exceptions to inalienable nature of human rights, we refer to two categories of rights: absolute rights, which are not to be infringed under any circumstances, and relative rights, the exercise of which may be restricted in certain situations that have been strictly prescribed. The issue that gives rise to legal debates is related to the conditions imposed by Article 53 of the Constitution, which provides that the restriction be prescribed “by law”, be “required in a democratic society” and “proportionate to the situation having caused it.”

In order to prevent the risk of serious damage to the environment which is uncertain due to current scientific and technical knowledge, the precautionary principle has been established under Article 30, paragraph 8, of law No03-10 of 19 July 2003. In this study, we will address the legal requirements to apply the precautionary principle, the difficulties facing the judiciary as well as the moral and natural persons in its application and then the research on the legal mechanisms to activate precautionary principle.

While Aristotle’s and St. Thomas’s teachings about economics are often ridiculed today, this article argues that actually what they had to say about this issue, especially about the nature of sound currency, backed up by force of law, is quite profound. According to both of them, sound money plays an essential role in the preserving commutative justice within States. By so doing, it preserves communication between talented people who make qualitatively unequal contributions to a State’s continued existence and welfare.

This study deals with the principle of proportionality in corporation law. Even if the proportionality stems from public law, it has invaded different branches of private law, but without being analyzed in detail in corporation law. This study also focuses on Tunisian law with an openness to French law, its inspiration source. In corporation law, the proportionality has two aspects: it is mathematical and linked to a goal. The mathematical aspect of the proportionality is reflected in compliance with the shareholder’s prerogatives with his participation in the capital, so that he could protect his investment and thereby the interests of the company. The proportionality, which is linked to the purpose, is expressed by two ideas: the adequacy of the means used with the purposes in mind and the search of the balance of interests. Some authors think that the mathematical proportionality gave way to the proportionality linked to a purpose. We do not share this opinion and we have tried to show that it is exaggerated. In fact, despite the exceptions to the mathematical proportionality, it is still surviving and should be maintained, because it translates the shareholder’s spirit of cooperation (affectio societatis). This study has deepened the proportionality linked to the purpose, defending its enhancement, since it has a relation with the good corporate governance.

This study deals with the principle of proportionality in corporation law. Even if the proportionality stems from public law, it has invaded different branches of private law, but without being analyzed in detail in corporation law. This study also focuses on Tunisian law with an openness to French law, its inspiration source. In corporation law, the proportionality has two aspects: it is mathematical and linked to a goal. The mathematical aspect of the proportionality is reflected in compliance with the shareholder’s prerogatives with his participation in the capital, so that he could protect his investment and thereby the interests of the company. The proportionality, which is linked to the purpose, is expressed by two ideas: the adequacy of the means used with the purposes in mind and the search of the balance of interests. Some authors think that the mathematical proportionality gave way to the proportionality linked to a purpose. We do not share this opinion and we have tried to show that it is exaggerated. In fact, despite the exceptions to the mathematical proportionality, it is still surviving and should be maintained, because it translates the shareholder’s spirit of cooperation (affectio societatis). This study has deepened the proportionality linked to the purpose, defending its enhancement, since it has a relation with the good corporate governance.

(Series Information) European Papers - A Journal on Law and Integration, 2018 3(2), 563-600 | Article | (Table of Contents) I. Introduction. - II. Fundamental freedoms and fundamental rights in EU law. - III. Comparability of the case law of the Court of Justice and the US Supreme Court on conflicts of rights. - IV. Criticisms related to the Court of Justice case law. - IV.1. Hierarchy. - IV.2. Balancing by the Court of Justice. - IV.3. Fundamental freedoms and social rights. - V. The case law of the US Supreme Court. - V.1. Hierarchy. - V.2. Balancing. - V.3. The right to take collective action and economic activity. - VI. An alternative approach in EU law. - VI.1. An alternative judicial method for solving conflicts between fundamental freedoms and fundamental rights. - VI.2. Legislation for solving conflicts of rights. - VII. Conclusions. | (Abstract) This Article analyses how the Court of Justice decides on conflicts between fundamental freedoms and fundamental rights in the EU. The practice of the Court will be compared with similar cases from the practice of the US Supreme Court where rights protecting economic activity and other rights come to conflict. This comparison demonstrates that the challenges faced by the Court of Justice regarding conflict of rights cases are not peculiar. The relevant case law of the Court has been the subject of criticism. The criticisms raised in relation to the way of resolving conflicts of rights by the Court of Justice could be eliminated either by the refinement of judicial argumentation of the Court or, following the example of US law, by legislation.

This work aims to study the ecology of the knowledge proportionality on the curricular references from the state of Pernambuco (Brazil), in elementary school and in high school. Qualitative research of documents, which allows for the analyses of the institutional approach to the knowledge proportionality under the Anthropologic Theory of Didatics. Therefore, we have identified the existence of an institutional approach between the knowledge proportionality and the reference analyzed. We have found different places that constitute the habitats of this knowledge and have identified its activities on different niches. [ABSTRACT FROM AUTHOR]

Copyright of Recherches en Sciences de Gestion is the property of ISEOR and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This analysis of the ethical issues raised by the relationship between caregiver and patient is based on the history of psychiatry and sensitivity to the ethical tensions that run through the field of psychiatry and mental health. Taking a step back from the injunction to treat well, not fetishizing it, adopting a holistic approach, equipping ourselves to counter the stigmatization and self-stigmatization that so often accompany psychic and/or psychosocial disability, and inviting reflection on proportionality in mental health are all ethical priorities that are insufficiently invested in psychiatric clinics., (Copyright © 2023 Elsevier Masson SAS. All rights reserved.)

(Series Information) European Papers - A Journal on Law and Integration, 2016 1(3), 1205-1213 | European Forum Insight of 29 November 2016 | (Table of Contents) I. Les faits de l'affaire au principal. - II. Le raisonnement de la Cour de justice. - III. L'évolution de la jurisprudence de la Cour de justice en matière de nom. - IV. Les particularités de l'arrêt Bogendorff von Wolffersdorff. | (Abstract) In a recent ruling (judgment of 2 June 2016, case C-438/14, Bogendorff von Wolffersdorff) concerning the recognition in a Member State of the name and surname of a dual national, freely chosen in another Member State and containing a number of tokens of nobility, the Court of Justice focused on the proportionality of the refusal of recognition justified on public policy grounds. In spite of the analogies with Sayn-Wittgenstein, and, in particular in spite of the fact that the refusal to recognise the name was aimed at guaranteeing the principle of equality before the law, enshrined in the German law and in article 20 of the Charter of fundamental rights, the Court underlined the peculiarities of the concrete situation, leaving to the referring court the assessment of the proportionate nature of the practice at issue.

(Series Information) European Papers - A Journal on Law and Integration, 2016 1(2), 741-749 | European Forum Insight of 20 August 2016 | (Table of Contents) I. Introduction. - II. The facts. - III. Legal analysis. - III.1. Art. 114 TFEU as a legal ba-sis: business as usual. - III.2. The Tobacco Products Directive and fundamental rights: the balance tilts in favour of the protection of human health. - III.3. Are measures mani-festly inappropriate? The proportionality test applied to tobacco products. - IV.4. The ob-ligation to motivate under EU law: what is the approach followed by the Court of Justice? - IV. Conclusions. | (Abstract) On 4 May 2016, the Court of Justice of the European Union delivered its judgment in the case Philip Morris. For the first time, the reasoning of the Court does not focus exclusively on internal market issues but, instead, includes an analysis on fundamental rights and the principles of proportionality and subsidiarity. Following the approach adopted by Advocate General Kokott in December 2015, the Court of Justice considers the Tobacco Products Directive to be in accordance with EU law. A new approach towards the Tobacco Products Directive seems to be emerging in which the protection of human health is increasingly taken into account. This judgment was delivered in the same period as the European institutions made public their decision not to renew the anti-smuggling deal with Philip Morris and the ICSID Arbitral Tribunal delivered its award of 8 July 2016 in the case Philip Morris and Abal Hermanos v. Oriental Republic of Uruguay, in which Uruguay won a complaint brought against its tobacco regulations. From this perspective, there seems to be a common understanding that effective measures have to be taken to combat tobacco consumption.

(Series Information) European Papers - A Journal on Law and Integration, 2016 1(1), 287-297 | European Forum Insight of 16 April 2016 | (Table of Contents) I. Introducción. - II. Los hechos. - III. Apreciación jurídica de la Abogado General. - III.1. Admisibilidad. - III.2. Cuestiones de fondo. - III.2.1. El artículo 114 TFUE como base jurídica para adoptar la Directiva. - III.2.2. Proporcionalidad y derechos fundamentales. - III.2.3. Poderes delegados. - III.2.4. Principio de subsidiariedad. - IV. Conclusiones. | (Abstract) On 23 December 2015, Advocate General Kokott delivered her Opinion in three cases challenging the validity of Directive 2014/40/EU. Although the Court of Justice of the European Union (CJEU) had already ruled on the legal basis to adopt the former Tobacco Products Directive, new questions arose with the adoption of this new piece of legislation. The focus is now on the proportionality of the measures and on the alleged violation of the subsidiarity principle. Moreover, fundamental rights seem to be playing a more prominent role in the interpretation of EU rules. Therefore, it is interesting to comment on some of the most important arguments put forward by Advocate General Kokott and to highlight the importance that the confirmation of these Opinions through the rulings of the CJEU can have on the EU health policy.

The legal regime of the right to the protection of personal data is of particular concern in the context of the technological developments that have as a consequence the increased collection and exchange of such data. Information technology and its development constitute forms of evolution of society, but this evolution must take place within the limits of and with respect for fundamental rights as regulated by States’ Constitutions and the relevant international documents. Having regard to the dynamics of these phenomena, timely and continuous adaptation of the legislation is undoubtedly difficult. As a result, an important role in the definition and guarantee of the right to the protection of personal data and the reconciliation with other fundamental rights that also need to be protected is played by national courts (particularly the constitutional courts) and international courts, obliged to carry out an evolutionary and at the same time consistent approach in this matter. The judges’ dialogue is thus the key to ensuring an effective protection of fundamental rights that need to be reconciled.

Asked to pick a single representative ‘German’ piece for a discourse on ‘Law and Literature’ one almost inevitably ends up with Kleist’s tale Michael Kohlhaas. It seems to be the literary incarnation of the German stance vis-à-vis the law. It is all about horses; it could just as well be about dogs. Kohlhaas fights a devastating battle, using legal means and outright violence, even warfare, for their recovery in good shape. Victorious eventually with his legal actions, he is happy to trade in his own life for this victory, thus giving an extreme example for the nice line between being in the right and pursuing this position with disproportionate rigour. Of course, the interpretations of Michael Kohlhaas (which, in its complete version, dates of 1810) have varied from epoch to epoch as well as from reader to reader. It is not possible to rehearse the bulk of ‘Kohlhaas literature’. In comparing legal cultures, it might be of interest to look into the question why such a somber story on the law forms part and will continue to form part of the German cultural heritage. Si se tiene que elegir un único representante “alemán” para una ponencia sobre “derecho y literatura”, es inevitable optar por la obra de Kleist, Michael Kohlhaas. Parece la encarnación literaria de la posición alemana hacia el derecho. El libro trata de caballos; también podría tratar sobre perros. Kohlhaas libra una batalla devastadora usando medios legales y la violencia pura y dura, incluso la guerra, para que se recuperen en buena forma. Finalmente resulta ganador mediante acciones legales, está contento de dedicar su propia vida para conseguir esta victoria, dando así un ejemplo extremo de la línea que existe entre tener la razón y seguir esta posición con un rigor desproporcionado. Por supuesto, las interpretaciones de Michael Kohlhaas (publicado en 1810) han variado de una época a otra, y de un lector a otro. No es posible revisar el grueso de la “literatura sobre Kohlhaas”. Al comparar las culturas legales, podría ser interesante estudiar la razón por la que una historia tan sombría sobre el derecho forma parte y va a continuar formando parte del patrimonio cultural alemán. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2523819

Suriye’de 2011 yılından beri devam etmekte olan iç savaş, silahlı çatışma hukukuna göre, uluslararası nitelikte olmayan bir silahlı çatışmadır. Suriye, rejime karşı çeşitli saiklerle savaşmakta olan Özgür Suriye Ordusu, El-Nusra Cephesi ve Irak ve Şam İslam Devleti gibi muhalif yapılanmaların askeri ve siyasi varlıklarına son vermek adına, bu unsurlara karşı devletin silahlı kuvvetleri vasıtasıyla savaşın başından beri güç kullanmaktadır. Çatışmanın tarihsel, sosyal, dinsel ve mezhepsel nedenleri ile aktörlerin siyasi motivasyonları ve amaçları çeşitli bilimsel yayınlarda geniş ölçüde incelenmiştir. Ancak savaşın uluslararası hukukun önemli bir dalı olan silahlı çatışma hukuku açısından değerlendirilmesine yönelik çalışmalar literatürde yok denecek kadar azdır. Bu makale sözkonusu boşluğu doldurmak için yazılmış olup, amacı, Suriye iç savaşında silahlı çatışma hukukunun temel kaynağı olan Cenevre Sözleşmeleri’nin ihlalini araştırmaktır. Makalede ortaya konan görüşe göre, Baas rejimi, silahlı çatışma hukukunun beş temel prensibi olan ayırt etme, askeri gereklilik, orantılılık, gereksiz acıya sebebiyet vermeme ve insani davranış ilkelerini ihlal etmiştir.

The paper argues the criminal law notion of ultima ratio is an instance of a broader constitutional law principle of proportionality. However, ultima ratio is not the only principle relevant in a constitutional assessment of criminalization. The role of ultima ratio is to impose limitations on criminalization. But constitutional doctrines also exist which call for criminalization and might even be seen as establishing a criminalization obligation. The paper examines three constitutional counter weights to ultima ratio. The first of these is discussed in the context of state constitutions. This is the cluster of the interrelated constitutional doctrines of the horizontal effect of fundamental rights and the protective duty of the state, as well as the understanding of collective security as a basic right. These doctrines are analysed in the light of the praxis of the German Constitutional Court and the Finnish Constitutional Law Committee. The two other constitutional counterweights are discussed at the level of the transnational, European constitution. These are the principles of precaution and effectiveness. Este artículo defiende que el concepto de ultima ratio es una instancia más amplia del principio de proporcionalidad dentro del derecho constitucional. Sin embargo, el ultima ratio no es el único principio relevante en la valoración constitucional de la criminalización. El papel del ultima ratio es imponer límites a la criminalización. Pero también existen doctrinas constitucionales que exigen la criminalización e incluso dan pie a entender que obligan a establecer una pena. El documento examina tres contrapesos constitucionales al ultima ratio. En primer lugar, se analiza en el contexto de las constituciones estatales. Este es el conjunto de las doctrinas constitucionales interrelacionadas entre el efecto horizontal de los derechos fundamentales y el deber de protección del Estado, así como la asunción de la seguridad colectiva como un derecho fundamental. Estas doctrinas se analizan a la luz de la praxis de la Corte Constitucional de Alemania y del Comité de Derecho Constitucional Finlandés. Los otros dos contrapesos constitucionales, los principios de precaución y eficiencia, se discuten en el ámbito de la constitución transnacional europea. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2200869

The present study seeks to analyze the unconstitutionality of Article 18, I, “a” of Supplementary Law nº 75/93 and Article 41, Clause XI of the Law 8.625 / 1993. Those devices enable the prosecution, even as accusatory body, to take a seat on the same plane as the judge, while the defense is in lower and farther plan. This paper intends to demonstrate that this scenic layout injures the principles of equality, isonomy, proportionality, fairness, due process, parity and ample defense, which is not consistent with the model of a democratic state.

Este artículo presenta algunos procedimientos y estrategias geométricas utilizadas por un grupo de artesanos del municipio de Guacamayas en Boyacá, Colombia. Así mismo, se expone un análisis geométrico de algunosdiseños presentes en la cestería que elabora la comunidad y, finalmente se hace una reflexión sobre la importancia de la integración de conocimientos matemáticos extraescolares al currículo escolar.

O presente artigo objetiva avaliar descritores utilizados em duas pesquisas, na análise de atividades sobre o pensamento proporcional. Ambas partiram dos componentes do raciocínio proporcional divulgados por Post, Behr e Lesh, para suas análises. Por seu objetivo, emprega a metodologia designada de meta-análise qualitativa, conforme Fiorentini e Lorenzato, ao visar resultados que transcendam os daquelas pesquisas. Atingem-se tais propósitos por meio do confronto daquelas pesquisas em sua base teórica, com outros referenciais teóricos propostos por Raymond Duval, Anna Sfard, Geraldo Ávila e Elon Lages de Lima.This article aims to evaluate descriptors used in two researches' analysis of activities on the proportional thinking. Both syudies were based on the proportional reasoning components proposed by Post, Behr and Lesh. According to its objective, this study employs the methodology called qualitative meta-analysis as Fiorentini and Lorenzato show, in order to find results that transcended those researches. The goals are achieves through the confrontation of those researches in their theoretical basis, with other theoretical frameworks proposed by Raymond Duval, Anna Sfard, Geraldo Ávila and Elon Lages de Lima.

En este documento se describen y analizan algunas habilidades, pensamientos y estrategias matemáticas referentes a la maximización de áreas utilizadas por un grupo de ocho (8) modistas que actualmente trabajan en una fábrica de confección de ropa en Bogotá Colombia. Inicialmente se hace una búsqueda de referentes de investigaciones de este tipo, posteriormente se hace una recolección de información por medio de entrevistas, observación no participante, diario de campo y la resolución a situaciones problemáticas del trabajo asociadas con la maximización de áreas, finalmente se hace un análisis y una reflexión de la información recolectada y el proceso llevado a cabo con la población.

According to the precautionary principle and facing the initial uncertainty of the potential seriousness of Covid-19, France has adopted collective measures understood as acceptable despite the deprivation of liberty and the known risks of long confinement on mental health. Such measures should be applied proportionately and cause the least possible harm. Among these, the closure of schools was decided by declination of those appearing in response plans to viral pandemics where children play a major role in the transmission of the disease (e.g. flu). In an unprecedented way, measures and constraints have been taken against the interests of children and to protect a vulnerable group other than the children themselves. From the perspective of children's health, the relationship between health gains from these measures and negative consequences has been unbalanced. The reduction in instruction time has reduced overall academic performance and has had adverse consequences for the socialization and development of children. Confinement has generated more serious domestic accidents, an increase in intra-family violence and marked collateral effects in terms of the mental health of adolescents. Very early on, the various Covid19-related publications showed that children were not the driving force behind this pandemic - If the initial application of collective measures was legitimate, the adaptation of measures at the individual level was out of step with the already known repercussions followed by those observed on the health of the child., (© 2022 Elsevier Masson SAS. All rights reserved.)

Nous étudions l’activité évaluative de dix-huit professeurs stagiaires – professeurs des écoles (enseignement primaire) et professeurs de mathématiques (enseignement secondaire) – confrontés à des productions d’élèves en mathématiques. Les observations réalisées visent principalement l’identification du référent de l’évaluateur. Le dispositif de recherche organisé autour d’une « situation aménagée » permet de proposer des conditions expérimentales analogues pour tous les professeurs. Les analyses réalisées nous amènent à distinguer quatre profils de comportements évaluatifs et à relever plusieurs phénomènes évaluatifs.

The arbitral world is at a crucial point in its historical development, poised between two conflicting conceptions of its nature, purpose, and political legitimacy. Formally, the arbitrator is an agent of the contracting parties in dispute, a creature of a discrete contract gone wrong. Yet, increasingly, arbitrators are treated as agents of a larger global community, and arbitration houses concern themselves with the general and prospective impact of important awards. In this paper, I address these questions, first, from the standpoint of delegation theory. In Part I, I introduce the basic “Principal-Agent” framework [P-A] used by social scientists to explain why actors create new institutions, and then briefly discuss how P-A has been applied to the study of courts. Part II uses delegation theory to frame discussion of arbitration as a mode of governance for transnational business and investment. In Part III, I argue that the International Center for the Settlement of Investment Disputes (ICSID) is presently in the throes of judicialization, indicators of which include the enhanced use of precedent-based argumentation and justification, the acceptance of third-party briefs, and a flirtation with proportionality balancing. Part IV focuses on the first wave of awards rendered by ICSID tribunals pursuant to Argentina’s response to the crushing economic crisis of 2000-02, wherein proportionality emerged, adapted from the jurisprudence of the Appellate Body of the World Trade Organization.