Suchergebnisse

This study seeks to shed light on the prohibition of abuse of rights in Article 17 ECHR in order to contribute to a more coherent interpretation of this provision. To that aim it studies the abuse clause from different perspectives. First, it looks at the historical background of the provision to examine what motivated the drafters to include this prohibition. Then it moves on to the case law of the European Commission of Human Rights and the European Court of Human Rights and to legal doctrine, revealing the difficulties and inconsistencies in the current interpretation of the abuse clause. Next, it analyses the interpretation of prohibitions of abuse in other human rights documents to see whether parallels can be drawn with the interpretation of Article 17 ECHR. Subsequently, it addresses the concepts of "abuse of rights" and "militant democracy" and examines the extent to which they offer a framework for understanding the abuse clause. Based on the insights obtained from these different perspectives, this study puts forward a proposal as to how Article 17 ECHR can best be applied in the future

How does the European Commission in monitoring the implementation of European directives? When grabs the Commission and the national execution deviates from the policy as laid down in a directive, and when not? And what are the reasons? In the article 'Is Big Brother Watching? Oversight Commission on the National Implementation of EU Directives' looks at those questions. Adapted from the source document.

In this article we show why a major initiative announced by the European Commission in 2006 to reform the EU anti-dumping policy after two years of very intense political activity became bogged down in a fully preserving the legislative status quo. Adapted from the source document.

Introduction:The foregoing chapters of this book have demonstrated the extent to which national civil servants are involved in EU-related activities, and the dynamics of national administrative activities in the context of the EU. This chapter shifts the focus from national civil servants working on the European Union to national civil servants working for the European Union. This is a class of national civil servants for whom finding a balance between national and European interests in their work is a permanent, although sometimes implicit feature of their daily professional activities. The duality of national and European roles is perhaps the most exacerbated for the seconded national experts (SNEs), i.e. national civil servants who are temporarily working for EU institutions, in particular those seconded to the European Commission.2 On the one hand, Commission SNEs have to be loyal to the Commission and represent European interests in this supranational organ of the EU. On the other hand, their employer is still the member-state government, and they are expected to return to their home organization after their secondment term ends. The SNEs are thus practically torn between two employers: their daily employer under whose supervision they work (the Commission) and the national employer who sent them on the secondment and continues to pay their salaries (the member-state).

If we want to share data, the long-term storage of those data in a trustworthy digital archive is an essential condition. Trust is the basis of storing and sharing data. That trust must be present in the various stakeholders involved. Certification of digital archives can make an important contribution to the confidence of these stakeholders in the digital archives. Ten years ago DANS was assigned the task of developing a Seal of Approval for digital data to ensure that archived data can still be found, understood and used in the future. In 2009 this Data Seal of Approval (DSA) was transferred to an international body, the DSA Board, which has managed and further developed the guidelines and the peer review process ever since. The objectives of the DSA are to safeguard data, ensure high quality and guide reliable management of data for the future without requiring implementation of new standards, regulations or heavy investments. The DSA contains 16 guidelines for applying and verifying quality aspects concerning the creation, storage, use and reuse of digital data. Based on feedback from data archives that applied for a DSA and different case studies we have gained some insight into the benefits of DSA. Still, the impact of having the Seal is not easy to measure. Seal holders usually refer to qualitative benefits in the form of increased awareness of the value of their repositories to their communities, funders and publishers. Ten years down the line we can safely state that the Data Seal of Approval has proven its added value. If we try to look five years into the future, what can we expect? There are different developments: a growing interest in DSA among European research infrastructures, the collaboration between DSA and the ISCU World Data System under the umbrella of the RDA (Research Data Alliance) and the European Commission is showing a growing interest in certification services. The success of DSA also provides the challenge to further professionalize the DSA organization in the coming years, this to enable its community to continue to grow.