...IPA (INSTRUMENT PRETPRISTUPNE POMOĆI EVROPSKE UNIJE) PROGRAMI PREKOGRANIČNE SARADNJE – ŠANSA ZA FINANSIRANJE PROJEKATA IZ OBLASTI TURIZMA I ZAŠTITE ŽIVOTNE SREDINE U CRNOJ GORI I ZEMLJAMA ZAPADNOG BALKANA Ljiljana Pjerotić, M.Sc Opština Budva Crna Gora Abstrakt Crna Gora će u periodu od 2007. do 2013. godine u okviru druge komponente IPA učestovati u 4 bilateralna prekogranična programa, Jadranskom prekograničnom programu i 2 transnacionalna programa: Prostor jugoistočne Evrope i Mediteranski Program . Među predloženim prioritetima i ciljevima bilateralnih programa prekogranične saradnje nalaze se i prioriteti koji se odnose na turizam i zaštitu životne sredine, te stoga ovi programi predstavljaju šansu za dodatna ulaganja u ove oblasti kroz realizaciju kvalitetnih projekata. U kojoj mjeri će raspoloživa sredstva biti iskorišćena zavisiće ne samo od kapaciteta državnih institucija da uspješno vode i koordiniraju aktivnosti u toku realizacije programa, već i od sposobnosti potencijalnih korisnika da izrade što veći broj dobrih projektnih predloga koji mogu da budu finansirani iz sredstava prekogranične saradnje. U tom smislu, programi prekogranične saradnje nisu samo šansa, već i izazov za Crnu Goru. Ključne riječi: Instrument pretpristupne pomoći, turizam, Evropska unija, Crna Gora, zapadni Balkan UVOD Proces stabilizacije i pridruživanja (SAP – Stabilization and Association Process) je strategija Evropske unije (EU) prema zemljama zapadnog Balkana...
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...individual by using the concept of “indirect effect” Von Colson v Land Nordrhein-Westfahlen [1984] ECJ Article 5 EC requires Member States to "take all appropriate measures" to ensure fulfilment of Community obligations. And this means that courts must interpret national law so as to ensure the objectives of Directive are achieved. This requires an effective remedy that has a deterrent effect and is adequate in relation to the damage sustained. A Directive cannot of itself impose obligations on private partiesMarleasing SA v La Comercial Internacional de Alimentacion SA [1990] ECJ Therefore, national courts must as far as possible interpret national law in the light of the wording and purpose of the Directive in order to achieve the result pursued by the Directive. This obligation applies whether the national provisions in question were adopted before or after the Directive; national courts were 'required' to interpret domestic law in such a way as to ensure that the objectives of the Directive were achieved. So, courts must do everything possible to interpret domestic law to comply with Community law. State Liability when there is no domestic law on a matter to which a Directive relates or domestic law is totally contrary to EC lawFrancovich v Italy [1991] ECJ Sometimes referred to as the 'Francovich Doctrine' or the 'Francovich Principle'....
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...Economic Development The Galveston, Texas economic development group was looking for new ways to attract new jobs and businesses and to retain existing jobs and businesses. They discovered that food processing plants have big economic spin-offs for small and medium-sized communities. In this case, a national food processing chain was looking to expand its operations, but is requesting that the city purchase its current building to enable it to build a new facility in the community to accommodate the expansion. The plant estimates that sales will increase by $20 million. All sales are purchased outside of the municipality. Once the plant opens, it’s expected to employ 250 workers with an average hourly wage of $15.00 per hour. Direct Impact The size of the proposed construction project was 50,000 square feet, with a per square foot cost of $100, which generated $5,000,000.00 in construction business generated by this project. A construction multiplier of 1.5 x the $5,000,000.00 would generate $7,500,000.00 in total construction benefits for the city. Expansion of the processing plant is projected to be a $30,000,000 contribution to the City of Galveston’s economy. Attracting and maintaining this type of business within the city would have tremendous impact on the local economy. Another direct effect included the 300 construction workers staying at 300 different hotel rooms at a rate of $75.00 per night, an immediate impact on the local hotel economy of $22,500.00. Furthermore...
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...SIA Corporation Case: Problem: - SIA employees see that techonology enhancement thru knowledge-sharing system within their organization will be a threat for them in loosing their jobs. - Employees think that sharing of knowledge with colleagues is not for the best interest of everyone in the organization. - Highly specialized knowledge was kept by each individual for job security purposes since plenty of lay off are happening within the insurance industry. Key Objectives: - To make employees take part in the new system being implemented by the organization. - To improve knowledge sharing within the organization. - To make employees feel that the directives is for the benefits of all employees and not for the company’s interest. Alternative Courses of Action: - Meet with each Department Heads and encourage them that this new system will make each individual lives easier. - Do informational campaign to the whole organization, set expectations and FAQs regarding this new system. - Seek for Management’s approval to inform employees that this new system will not be the approach to use for minimizing /lay off of employees but instead will help everyone make their jobs easier, at the same time, will improve employees knowledge within the organization. Recommendation: - I recommend that for the company to be able to implement this new knowledge system, Management should do an Informational campaign first within the organization ensuring that this is just a part of the learning...
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...1. Introduction 1.1 definition of Law: [MASS NOUN] (Often the law) The system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties: The purpose of this report is to evaluate the purpose of Alternative Dispute Resolution (ADR) paying particular reference to the serves that Acas provides. The extent of its success as a way of resolving disputes outside of formal judicial process. Furthermore this report will look into why European Law has more power over United Kingdom’s domestic law. And lastly the two employment rules a new business in the UK is required to conform too. This will be followed with a conclusion. 1. Purpose of Alternative Dispute Resolution (ADR) The work environment is one tough place to be as it is very difficult to avoid any type of conflict that can arise between work colleagues or with the employer and employee. For this reason it is valuable for an organisation to have a resolution of work place conflict, safeguarding this is very effective for employees and employers as well as members of the business shareholders Teague et al (2012). The main issues that are faced in the work place are usually disputes occurring in work groups or sometimes involving people in work groups these are usually to the way someone is doing their job, personality clash the difference in age, race could also be a cause for work conflict. Teague et al (2012). The conflicts...
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...European Social Law Essay “In Western European societies, the dissociation between labour law and the law governing markets, which resulted in the emancipation of the former [from the latter], has been of significant relevance” (Antoine Lyon Caen, translation from “Droit Communautaire du marché v.s. Europe sociale”) Discuss whether and to what extent the ECJ's judgements in Viking, Laval, and Rüffert make it difficult to uphold the division between labour law on the one hand and the law of the (internal) market on the other hand, which - according to Lyon Caen - has been characteristic of labour law in Western Europe so far. Dissociation between labour law and law governing markets Labour law emanicapted from law governing markets Is it difficult to uphold labour law? and law of internal market? Balance the two? Introduction Balance the application of the EU's free movement rules (in particular the right to work and provide services in another member state) with the maintenance of different national social systems How will these freedoms affect trade union rights such as the right to collective action and collective bargaining? For a long time there has been a tendancy to look upon the EC as a guarantor of labour and social rights (particularly by the UK) Globalisation poses threats to national protection of labour law. Creates pressure for race to the bottom. So, supranational action is needed to defeat this pressure (justification for...
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...jurisprudence of the European Courts. In the Pierre Fabre case, the Court seems to have changed its approach to the subject, as, analysing a ‘de facto’ ban on online sales, it passed from the traditional ‘effects’ analysis of these systems to their qualification as restrictions ‘by object unless objectively justified’. The legal result is unaltered as the usual criteria of competition analysis are still adopted, but new perspectives could have been potentially opened in their interpretation. Furthermore, the article also takes into account the Court’s assertion that ‘the aim of maintaining a prestigious image is not a legitimate aim for restricting competition’, which represents another aspect of the judgment in apparent contrast with the settled case law. In both instances, it presents possible explanations consistent with the tradition. Finally, it underlines the significance of the ruling in relation to the controversial topic of internet selling. I. Introduction The topic of selective distribution systems has been explored in many authoritative academic works.1 Yet, it is still important and highly debated, not only because 1 See Alison Jones and Brenda Sufrin, EU Competition Law (OUP 2014); Maher M. Dabbah, EC and UK Competition Law (CUP 2004); Richard Whish and David Bailey, Competition Law (7th edn, OUP 2012); Joanna Goyder, EU Distribution Law (Hart Publishing 2011); Vivien Rose and David Bailey (eds), Bellamy and Child: European Union Law of Competition...
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...While sharing characteristics with other types of records, personnel records have some special characteristics; importance, sensitivity, longevity, quantity and ownership. We will base this report in the company called CASTELLON SA, manufacturing factory with more than 250 employees. NOTE TO THE CASTELLON SA HR DIRECTOR ABOUT WHY RECORDING, ANALYSING AND USIN HR DATA IS IMPORTANT I. Two reasons why organisations need to collect HR data. Collecting and recording HR data is vitally important to our organisation. We need to keep certain records, some because the law requires them, and some for company’s internal purposes. Being a production factory we have to ensure we are in compliance with Health and Safety laws and regulations ensuring that all staff is maintaining high health and safety awareness. To avoid any act of discrimination in our company and to prove that the company is adhering to UK’s current law and legislation we have to implement the Data Protection Act to our data collection policies. The HR data collection could help in our company’s overall performance measurement process. The data collected enable managers to make sound decisions more effectively. Some of the benefits of data collection are; helps identify or confirm a problem that exists; allows us to work with facts and empirical data; provides information with which to measure the success of implemented improvements. Another example could also be to monitor employee absence levels across the organisation...
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...Sovereignty is used to describe the idea of the power of law making unrestricted by any legal limit, Parliamentary sovereignty is part of the uncodified constitution of the United Kingdom. It dictates that Parliament can make or unmake any laws as it is the ultimate legal authority in the UK. Parliament is still sovereign as it can make law on any matter and it has legislative supremacy. However parliamentary sovereignty can be questioned due to the membership of the European Union and the Human Rights Act. Parliament can make laws on any matter due to Dicey in ‘Law of the Constitution (1885).’ He said that ‘in theory Parliament has total power. It is sovereign'. He states a number of reasons as to how this is possible. Firstly Dicey points out that Parliament can pass laws on any subject without legal restriction therefore it is sovereign. This principle is a result of the election of the Members of Parliament (MPs), by the electorate which gives them authority to represent and pass legislation on their behalf. Parliament being able to make laws on any matter can be traced back to the Bill of Rights 1689 where it was said that the monarch alone could not pass or repeal laws without Parliament's consent. Parliament is also free to modify its own makeup and authority. This is confirmed in the Parliament Acts of 1911 and 1949 which removed the veto powers of the House of Lords and the Life Peerages Act 1958 which apart from giving the Prime Minister flexibility to modify the composition...
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...Preliminary questions 2 Judgment of the European Court of Justice 3 Order 5 Summary 6 Bibliography 6 Introduction European Union law implements the provisions of EU treaties and initiatives. It establishes a series of rights and demands that are recognized by EU member states' national judiciaries. EU law is governed by the European Court of Justice (ECJ), which has a unique role in developing a European identity and influencing national governments. The ECJ was originally set up under the Treaty of Paris (1951) and its competences have gradually expanded under the Treaties of Rome (1957), Maastricht (1992), Amsterdam (1997), Nice (2001) and Lisbon (2007). Legal precedents established by the ECJ have played a large role in shaping the development of EU law. The case of Costa vs. ENEL in 1964 for example ruled that in the case of a clash between EU and national law, EU law is the higher authority, thus establishing the supremacy of the ECJ. So now I am going to describe the details of this case. Background of the case M. F. Costa, a lawyer practicing in Milan claimed that he is not under an obligation to pay the amount of an invoice (1,925 Italian lire) which was demanded from him in respect of the supply of electricity by the ENTE NAZIONALE PER L’ENERGIA ELETTRICA (ENEL). He objected to do this payment before a Justice of the Peace (who was competent in first and last resort by virtue of the amount involved) claiming that the law of December 6 1962 nationalizing the...
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...Primacy principle is central to understanding the unique nature of the European Union Legal Order”, there are a few things we must first understand as this statement actually asks us three questions. Firstly what is the “unique nature” of the European Union (EU) Legal Order? Second, what is the supremacy or primacy principle? And finally, how important is the supremacy or primacy principle in achieving the goals of the European Union Legal Order? In my answer I will not separate these issues out, but instead I will attempt to answer the question with these issues in mind. According to Hendrik Jan van Eikema Hommes “if a multiplicity of legal rules displays a juridical unity, we can speak of a legal order or a legal system.” The European Union represents a supranational legal order within the specific fields delegated to the institutions and the competence of the community. This supranational federation is a new political entity which works above the individual national governments which make up its membership. The European Union is considered unique in this respect due to the level of integration which raises the Union from being merely an international agreement to being a supranational entity. Martin Steinfield describes the EU is a “federal order of sovereign states that has to grapple with legal political and economic relations in the wider world”. He also argues that “mixity” is at the heart of the European Union since the union must balance the integrity of its own new legal...
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...1 Reconsidering Baron and Kenny: Myths and Truths about Mediation Analysis Xinshu Zhao* Professor and Director Center for Research in Journalism and Mass Communication University of North Carolina and Chair Professor and Dean School of Communication, Hong Kong Baptist University zhao@unc.edu John G. Lynch, Jr.* Roy J. Bostock Professor of Marketing Fuqua School of Business Duke University Durham, NC 27708 Tel: (919)-660-7766 john.lynch@duke.edu Qimei Chen* Shidler Distinguished Professor Chair/Associate Professor of Marketing Shidler College of Business University of Hawaii at Manoa C303, 2404 Maile Way, Honolulu, HI 96822 Tel: (808) 956-8921 Fax: (808) 956-9886 qimei@hawaii.edu Manuscript #08-0083-2, re-submitted to Journal of Consumer Research, June 2009 * The authors contributed equally to this article. This study was supported in part by a UNC-CH Research Council Grant #3-12818, UNC-CH School of Journalism and Mass Communication Summer Grants for Research, 20012007, and grants from NICHD (R24 HD056670, Henderson PI) and UNC-CH Center for AIDS Research (#07-1191, Brown PI). The authors also wish to thank James R. Bettman, Jane D. Brown, Gavan Fitzsimons, Rhonda Gibson, Joe Bob Hester, Joel Huber, Laurence W. Jacobs, Chuanshu Ji, Wagner Kamakura, Gary McClelland, Carl Mela, Andres Musalem, Jonathan Levav, Jason Roos, Woochoel Shin, Stephen Spiller, Rick Staelin, Ning Mena Wang, William D. Wells, Stacy Wood, and seminar participants at the...
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...bs_bs_banner European Law Journal, Vol. 19, No. 6, November 2013, pp. 759–778. © 2013 John Wiley & Sons Ltd., 9600 Garsington Road, Oxford, OX4 2DQ, UK and 350 Main Street, Malden, MA 02148, USA ACTA and the Enforcement of Copyright in Cyberspace: the Impact on Privacy Iryna Ievdokymova* Abstract: As the reach of the Internet expands, governments increasingly seek to introduce initiatives aimed at controlling individuals’ online activity. One such initiative, aimed, inter alia, at introducing enhanced online copyright enforcement standards, is the Anti-Counterfeiting Trade Agreement (ACTA). The paper analyses a possible effect of Art. 27(3) of the agreement on the data protection and privacy rights, as spelled out in the EU legal order. Firstly, the EU legal framework on Internet surveillance for copyright enforcement will be addressed. Next, the principles and safeguards applicable to data processing in the context of communications surveillance will be illustrated with reference to the jurisprudence of the European Court of Human Rights. It will be argued that ACTA, if interpreted broadly and implemented without safeguards, would provide an incentive for graduated response systems, which, as it will be shown on the example of the French graduated response, may trump privacy rights on a massive scale. I Introduction Could cyberspace be considered a zone of liberty, for the most part unrestrained by government regulation and intrusion into individual rights...
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...that is definitely true for profitability, customer satisfaction may not always benefit from the lack of regulation. Taxis are a great example of this. Without some regulation, the locally oligopolistic companies have little to no incentives to improve their services. Just a few years ago, a smoking taxi driver was more common than credit card payment or air conditioning in a cab. The Taxi Act of Budapest (with some, and not total regulation) quickly changed all that. On the other end of the spectrum are government-owned, monopolistic giants, such as the Post. Sluggish service provided by unmotivated employees at a high price make waiting in line at the Post office one of the most dreadful errands. A national corporation in many European countries, the postal sector is crying out for deregulation. Just the threat of EU directives liberalizing the postal service market had the staff of the Hungarian Post quickly jumping to their feet, experimenting with what they believed were costumer-friendly innovations like selling candy bars on the spot. Well... it’s a step. All in all, I believe the job of regulators is to provide a framework that allows for fair competition and to...
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...1- Introduction The aim of this paper is to provide an explanation why nowadays the European Union has such a strong Court of Justice (the Court). The paper is composed of four main parts. In the first part we will present a brief overview of the evolution of the Court of Justice through time. The second part deals with the creation of the legal doctrines as a means of empowerment of the Court. In the third part we will discuss the cooperation between the national courts and the Court, and finally the last part is dedicated to the relations between Member States and the Court. It should be noted that in each part of the paper we will bring arguments and various examples to develop a structured and complete answer. 2- The Court of Justice through time The European Court of Justice (Court of Justice under the Treaty of Lisbon ) was created in 1951 as the judicial body of the European Coal and Steel Community. It is based in Luxembourg and is composed of 27 judges, one from each Member State. They are appointed by their Member States for a renewable period of 6 years. The judges are assisted by eight Advocates-General whose main task is to deliver legal opinions. At the beginning the Court of Justice had only three limited functions: • To ensure the administrative compliance of the Member States with the rules of the treaties, • To resolve the disputes in case the EU laws are vague, • To keep the Commission and the Council of Ministers from exceeding their authority...
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