Hasil untuk "Law of Europe"

Machiko Hatsuda, Ondrej Hulık, William D. Linch et al.

A-theory realizes U-duality symmetry by extending the string worldsheet to a higher dimensional brane worldvolume, in which the worldvolume and the spacetime belong to different representations of the exceptional group. The closure of the brane Virasoro algebra requires the Gauss law constraint. The Gauss law constraint promotes spacetime coordinates to gauge fields and extends the string worldsheet into the brane worldvolume. While the Virasoro constraint is used to reduce the spacetime coordinate, the Gauss law constraint is used to reduce both the worldvolume and the spacetime coordinates. As in conventional gauge theories, the treatment of the Gauss law constraint is a technically important aspect of the quantization of A-theory. We show that the string solution is only consistent solution of the Gauss law dimensional reduction condition for D=3 and 4 cases. This result implies that the physical symmetry of the theory is two-dimensional conformal symmetry, suggesting that the theory admits a string-like quantization. We further construct a string solution that is covariant under the exceptional group symmetry. The relation between this solution and the constant charge parameter appearing in the exceptional σ-model is also discussed.

Thomas Gergen

Philipp Glaum, Fabian Neumann, Tom Brown

The European North Sea has a vast renewable energy potential and can be a powerhouse for Europe's energy transition. However, currently there is uncertainty about how much offshore wind energy can be integrated, whether offshore grids should be meshed and to what extent offshore hydrogen should play a role. To address these questions, we use the open-source energy system optimization model PyPSA-Eur to model a European carbon-neutral sector-coupled energy system in high spatial and temporal resolution. We let the model endogenously decide how much offshore wind is deployed and which infrastructure is used to integrate the offshore wind. We find that with point-to-point connections like we have today, 310 GW offshore wind can be integrated in the North Sea. However, if we allow meshed networks and hydrogen, we find that this can be raised to 420 GW with cost savings up to 15 billion euros per year. Furthermore, we only observe significant amounts of up to 75 GW of floating wind turbines in the North Sea if we have offshore hydrogen production. Generally, the model opts for offshore wind integration through a mix of both electricity and hydrogen infrastructure. However, the bulk of the offshore energy is transported as hydrogen, which is twice as much as the amount transported as electricity. Moreover, we find that the offshore power network is mainly used for offshore wind integration, with only a small portion used for inter-country transmission.

Szilvia Köbel

The Hungarian parliament ratified the Fundamental Law of Hungary on the 25th of April 2011, and adopted a new church policy the very same year: Act CCVI of 2011 on the right to freedom of conscience and religion and the legal status of churches, denominations and religious communities, also knowns as the Ecclesiastical Act, short: EHTV. The preamble of the Fundamental Law refers to the Christian traditions of Hungary and the role Christianity played in binding the nation together. The in-effect preamble of the EHTV declares the ideological neutrality of the state and establishes four different legal classifications and rules for religious communities. In 2018 (7th amendment), Article R) of the Fundamental Law was expanded by some paragraphs. The terms “Christianity” and “creation” (genesis) were newly introduced into the Fundamental Law only through the amendments. In my study I wish to talk in the context of historical lineage about the 7th and 9th amendments, and their relevancy to fundamental rights in the jurisprudential (legal theory and practice) context of a neutral or Christian state.

Beatriz Pérez de las Heras

El año 2024 supondrá un tiempo de cambio político e institucional en la Unión Europea. Este proceso se iniciará con las elecciones al Parlamento Europeo el 9 de junio. La convocatoria electoral europea supondrá, no sólo la renovación de la composición política de la institución parlamentaria, sino también de la Comisión Europea, cuya constitución como nuevo ejecutivo europeo deberá estar ultimada para el 1 de noviembre. Además, coincidiendo con los comicios europeos, el Consejo Europeo presentará la Agenda Estratégica de la UE 2024-2029, en la que se definirán las principales prioridades políticas para los próximos cinco años. Entre ellas, se incluyen la seguridad y defensa, la energía, la migración, la resiliencia y competitividad, la cooperación mundial y la ampliación. Mientras tanto, la crisis energética y las tensiones geopolíticas generadas por la guerra en Ucrania y el conflicto en Gaza siguen determinando la agenda europea durante este año 2024. Con estas perspectivas de cambio y en un contexto geopolítico todavía inestable y complejo, este número misceláneo 70/2024 de Cuadernos Europeos de Deusto incluye diversas contribuciones que inciden en algunas de estas cuestiones que perfilan la actualidad europea. Este primer ejemplar de 2024 incluye también las habituales crónicas de jurisprudencia y de actualidad europea que firman nuestros fieles y valiosos colaboradores, David Ordóñez Solís y Beatriz Iñarritu.

Ágoston Mohay

The international responsibility of international organisations and that of the sui generis European Union (EU) is one of the most debated issues of international law. At the heart of the question of international responsibility lies the attribution of conduct and responsibility. On this question, the Articles of the Responsibility of International Organizations (ARIO), a final draft of which was adopted in 2011 but not turned into an international treaty, contain a much-de- bated set of rules arguably based on customary international law. Attribution vis-a-vis the EU is of particular relevance in the context of the European Convention of Human Rights (ECHR), to which the EU is not yet a party but to which it is planning accession, which would allow for external human rights reviews by the European Court of Human Rights. The ECtHR does not necessarily approach international responsibility and attribution in line with the Articles on the Responsibility of International Organizations. This factor is of crucial relevance to the EU – both now and also following its possible accession to the ECHR. This question, however, needs to be nuanced with regard to the special legal nature of the Common Foreign and Security Policy (CFSP) and the acts adopted therein, as this has proven to be one of the deciding points for the negative opinion of the Court of Justice concerning the EU’s accession. This paper first looks at the current state of play, then analyses the viewpoints of the EU Court of Justice reflected in its binding opinion on the original draft accession agreement of the EU to the ECHR, and subsequently examines the renegotiated draft accession agreement – prepared in 2023 – in this regard. The novelties of the renegotiated accession agreement regarding the attribution of CFSP acts are examined in detail, focusing on the reattribution concept proposed by the EU and its relation to the ARIO, highlighting a number of dogmatic problems, including the probable effect of reattribution on access to legal remedies.

Čolović Vladimir Ž.

Overriding mandatory rules represent norms that are directly applied to the legal relationship with the foreign element. These are self-limiting norms, which exclude the application of collision rules, and they, in advance, define the field of their own application. These norms have a stronger legal force than the norms of public order. When we talk about the application of the overriding mandatory rules, we are talking, first of all, about the norms of the state in which the legal relationship is resolved, which means that in their application the lex fori is the starting point. However, there is also the question of a broader understanding of these norms, that is, of their application when they are an integral part of the legal order of the state, whose law is determined as applicable, that is, of the state that is closely connecting to the legal relationship in question. Considering the possibility of applying these norms, which are an integral part of the legal order of another state, the question of their extraterritoriality arises. The paper pays attention to the regulation of these norms in the regulations of the Republic of Serbia and some states, as well as in EU acts. Those acts are Regulation Rome I, which regulates the applicable law to contractual obligations, and Regulation Rome II which regulates the applicable law to non-contractual obligations. Particular attention is paid to distinguishing these norms from the institute of public policy. In this regard, the paper defines the difference between public policy and public interest. The main problem in regulating of the overriding mandatory rules is related to the fact that they are not determined in advance and that their application depends on the court or other authority that makes the decision.

Ilnytslyi Oleh, Boychenyk Ivan

Background: The choice of an effective and appropriate method of protection is one of the most important stages of legal proceedings because it determines the achievement of the proceedings’ goal. Procedural legislation and the practice of its application to unresolved issues have limited methods of protection in cases of the rights and interests of persons to land by courts of different jurisdictions and the possibility of their cross-application. Methods: To obtain reliable and substantiated conclusions, general and special research methods were used, which processed the results of theoretical research on the problems of justice in Ukraine, land law and administrative process, and materials of legal practice in the form of conclusions on international human rights institutions and Ukrainian courts. Results and Conclusions: The study found that when choosing a method of protection for the infringed right, freedom, or interest, courts should consider the direct relationship between the claim for protection, the content of the right, and the nature of the offence. The jurisdictional component of the right to a fair trial presupposes the need for courts to consider the scope of their powers under the Constitution and laws of Ukraine. The concept of expanding the limits of permissible remedies allows administrative courts to use such remedies (general and special), which will ensure the real restoration of the violated rights, for the protection of which the plaintiff appealed to the court. When considering the requirement to protect the right to a certain object of ownership (including land) in an administrative case, the administrative court is authorised to apply substantive remedies, taking into account the material nature of the violated right, as well as whether the violation was committed by a decision, action, or inaction of the subject of power, which legalises the right of a person to the relevant object of property and is beyond the discretion of the authority in the management of public property.

Nuno Albuquerque Matos

The European Central Bank has been active since the sovereign debt crisis that struck European Union Member States by putting in place several asset-purchasing programmes such as Outright Monetary Transactions and Public Sector Purchase Programme. As much as these decisions have proven the pivotal importance of this institution within the monetary union, they have also spurred controversy on potentially having exceeded the competences attributed to the Union. The german federal constitutional court heard challenges to both and requested the Court of Justice to decide on their validity within the framework of a preliminary ruling. The decision of the former court to declare the Public Sector Purchase Programme ultra vires —in this way countering the preliminary ruling decision— as well as its argumentation could produce many institutional consequences to both the European Central Bank and Court of Justice of the European Union. Finally, it has shown the limits of European Union integration and will inevitably propel discussions on which way to go in the future: it is time for this discussion to come out from courtrooms into the public sphere. Received:  11 November 2020 Accepted: 26 May 2021

Magdalena Perkowska

The main aim of this paper is to examine whether or not the legal amendments to Polish criminal law for the prevention of illegal immigration were necessary and if so, whether they are proportional to the perceived threat posed by such migration. The paper discusses the implementation of the relevant EU legislation, viz. Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence; Council Directive 2002/90/EC defining the facilitation of unauthorised entry, transit and residence; Directive 2009/52/WE/EC of the European Parliament and of the Council providing for minimum standards on sanctions and measures against employers of illegally resident third-country nationals; and the Council of Europe Convention on the Prevention of Terrorism; and the direct effects of this legislation on Polish criminal law as presented in the Polish Criminal Code (Arts. 264a and 259a k.k.), the aggravation of the penalties in Art. 264 § 3 k.k.; and the institution of Ustawa o skutkach nielegalnego zatrudnienia cudzoziemców nielegalnie przebywających na terytorium Polski (the Act on Liability for the Employment of Illegal Immigrants on Polish Territory). In addition, the article considers the effectiveness of the new criminal provisions, particularly on the basis of the number of convictions.

Banić Milena V.

With a growing environmental degradation and the destruction of natural resources, it is increasingly recognized that criminal law protection is needed as the most repressive measure to protect the environment. This paper considers the criminal law protection of biodiversity in the Republic of Serbia, Republic of Croatia, Montenegro and Bosnia and Herzegovina, with an emphasis on the protection of wild plant and animal species that are particularly vulnerable to overexploitation, including strictly protected and protected wild species and forest ecosystems. The analysis covers various criminal offenses against biodiversity in the context of protection of wild plant and animal species, and discusses the effects of the implementation of relevant regulations. Comparative statistics on criminal charges, as well as accusations and convictions for these crimes in the last decade, indicate a worryingly mild penal policy and a lack of capacity of professionals to act in environmental criminal proceedings. Although statistics indicate that there has been an increase in the reporting of environmental crimes, the number of reported cases remains at a worryingly low level. A large number of criminal charges are rejected, and when criminal proceedings are initiated and conducted, mild criminal penalties are imposed, most often suspended sentences or fines. All this indicates that increasing the knowledge and capacity of professionals is needed in order to improve efficiency of criminal protection against the environment and biodiversity in practice.

Victor De la Pena, Paul Doukhan, Yahia Salhi

Taylor's power law (or fluctuation scaling) states that on comparable populations, the variance of each sample is approximately proportional to a power of the mean of the population. It has been shown to hold by empirical observations in a broad class of disciplines including demography, biology, economics, physics and mathematics. In particular, it has been observed in the problems involving population dynamics, market trading, thermodynamics and number theory. For this many authors consider panel data in order to obtain laws of large numbers and the possibility to fit those expressions; essentially we aim at considering ergodic behaviors without independence. Thus we restrict the study to stationary time series and we develop different Taylor exponents in this setting. From a theoretic point of view, there has been a growing interest on the study of the behavior of such a phenomenon. Most of these works focused on the so-called static Taylor related to independent samples. In this paper, we introduce a dynamic Taylor's law for dependent samples using self-normalised expressions involving Bernstein blocks. A central limit theorem (CLT) is proved under either weak dependence or strong mixing assumptions for the marginal process. The limit behavior of such a new index involves the series of covariances unlike the classic framework where the limit behavior involves the marginal variance. We also provide an asymptotic result for for a goodness-of-fit testing suited to check whether the corresponding dynamical Taylor's law holds in empirical studies. Moreover, we also obtain a consistent estimation of the Taylor's exponent.

Lorenzo Rossi

The first law of black hole mechanics has been the main motivation for investigating thermodynamic properties of black holes. The first version of this law was proved in \cite{Bardeen:1973gs} by considering perturbations of an asymptotically flat, stationary black hole spacetime to other stationary black hole spacetimes. This result was then extended to fully general perturbations, first in the context of Einstein-Maxwell theory in \cite{Sudarsky:1992ty},\cite{Wald:1993ki}, and then in the context of a general diffeomorphism invariant theory of gravity with an arbitrary number of matter fields in \cite{Wald:1993nt},\cite{Iyer:1994ys}. Here a review of these two generalizations of the first law is presented, with particular attention to outlining the necessary formalisms and calculations in an explicit and thorough way, understandable at a graduate level. The open problem of defining the entropy for a dynamical black hole that satisfies a form of the second law of black hole mechanics is briefly discussed.

Francisco Leonardo Bezerra Martins, José Cláudio do Nascimento

Several populational networks present complex topologies when implemented in evolutionary algorithms. A common feature of these topologies is the emergence of a power law. Power law behavior with different scaling factors can also be observed in genealogical networks, but we still can not satisfactorily describe its dynamics or its relation to population evolution over time. In this paper, we use an algorithm to measure the impact of individuals in several numerical populations and study its dynamics of evolution through nonextensive statistics. Like this, we show evidence that the observed emergence of power law has a dynamic behavior over time. This dynamic development can be described using a family of q-exponential distributions whose parameters are time-dependent and follow a specific pattern. We also show evidence that elitism significantly influences the power law scaling factors observed. These results imply that the different power law shapes and deviations observed in genealogical networks are static images of a time-dependent dynamic development that can be satisfactorily described using q-exponential distributions.

Liam Mazurowski

We show that a Weyl law holds for the variational spectrum of the $p$-Laplacian. More precisely, let $(λ_i)_{i=1}^\infty$ be the variational spectrum of $Δ_p$ on a closed Riemannian manifold $(X,g)$ and let $N(λ) = \#\{i:\, λ_i < λ\}$ be the associated counting function. Then we have a Weyl law $N(λ) \sim c \operatorname{vol}(X) λ^{n/p}$. This confirms a conjecture of Friedlander. The proof is based on ideas of Gromov and Liokumovich, Marques, Neves.

Donald R. Short, William F. Welsh, Jerome A. Orosz et al.

Recently there has been a renewed interest in the power-2 limb darkening law for modeling exoplanet transits. This law provides a better match to the intensities generated by spherical stellar atmosphere models than other 2-parameter laws. To help facilitate a wider use of the power-2 law we correct a minor error and, expanding on previous work, suggest a parametrization that can improve the sampling required by some numerical methods such as MCMC.

Cvik Eva Daniela, Pelikánová Radka Macgregor

For over 50 years, the Common Agricultural Policy (CAP) has been fundamental for European integration, while taking up to 40% of the budget. The new CAP uses various funds and aims at both agricultural production support and rural development. This dichotomy is confirmed by the Treaty on functioning of the EU and developed by various Regulations and Directives. However, are the stated and implied objectives of the primary and secondary EU law under the auspices of the strategy Europe 2020 in compliance? A pioneering holistic Meta-Analysis of the legislative setting, academic treatises and general public perceptions reveals an unexpected byzantine mosaic of expressed and implied objectives, which are hardly to be reconciled. This threat to the new CAP needs to be addressed. Smart, sustainable and inclusive growth demands a reconciliation of efforts and objectives and cannot afford their fragmentation and anti-polarity.

C. J. Law, G. C. Bower, S. Burke-Spolaor et al.

Radio interferometers have the ability to precisely localize and better characterize the properties of sources. This ability is having a powerful impact on the study of fast radio transients, where a few milliseconds of data is enough to pinpoint a source at cosmological distances. However, recording interferometric data at millisecond cadence produces a terabyte-per-hour data stream that strains networks, computing systems, and archives. This challenge mirrors that of other domains of science, where the science scope is limited by the computational architecture as much as the physical processes at play. Here, we present a solution to this problem in the context of radio transients: realfast, a commensal, fast transient search system at the Jansky Very Large Array. Realfast uses a novel architecture to distribute fast-sampled interferometric data to a 32-node, 64-GPU cluster for real-time imaging and transient detection. By detecting transients in situ, we can trigger the recording of data for those rare, brief instants when the event occurs and reduce the recorded data volume by a factor of 1000. This makes it possible to commensally search a data stream that would otherwise be impossible to record. This system will search for millisecond transients in more than 1000 hours of data per year, potentially localizing several Fast Radio Bursts, pulsars, and other sources of impulsive radio emission. We describe the science scope for realfast, the system design, expected outcomes, and ways real-time analysis can help in other fields of astrophysics.

Katarzyna Sójka-Zielińska

Przemówienie Katarzyny Sójki-Zielińskiej

Mikhail Chebunin, Artyom Kovalevskii

We explore a probabilistic model of an artistic text: words of the text are chosen independently of each other in accordance with a discrete probability distribution on an infinite dictionary. The words are enumerated 1, 2, $\ldots$, and the probability of appearing the $i$'th word is asymptotically a power function. Bahadur proved that in this case the number of different words depends on the length of the text is asymptotically a power function, too. On the other hand, in the applied statistics community, there exist statements supported by empirical observations, the Zipf's and the Heaps' laws. We highlight the links between Bahadur results and Zipf's/Heaps' laws, and introduce and analyse a corresponding statistical test.