This chapter examines the different legal remedies available under EU law for the legal persons whose position has been affected by the acts adopted by the EU institutions as a part of the different legal instruments built in order to counter the economic crisis. This will be done through an analysis of the recent case law of the Court of Justice, structured in three steps. In the first step, we will examine the possibility to obtain the annulment of the act, having regard of the main legal instrument provided by the Treaties for this purpose (the action for annulment in Art. 263 of the TFEU). In the second step, we will explore the possibility of invoking in front of the Court of Justice an action for damages against the institution concerned. In the third, concluding step, we will look at the remedies at national level, looking at two cases where the Court of Justice has scrutinized the validity of implementing national measures in light of EU law.
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Mark Thomas and Lucy Cradduck
This chapter explores the psychomotor skills associated with governing oral moot performance. It connects mooting’s psychomotor domain to mooting’s cognitive domain and explores how the two domains and their skill sets are interrelated and mutually dependent. Engaging with limited existing literature, the authors develop a taxonomy that can be used to support the development of mooting specific psychomotor skills.
David Banister, Yannick Cornet, Moshe Givoni and Glenn Lyons
David Banister, Yannick Cornet, Moshe Givoni and Glenn Lyons critique the commodification of travel time savings in transport planning and project appraisal. They ask for less focus on travel time and, instead, that consideration should be given to the door-to-door journey, the experience of travel and type of activities at the destination. A case study of high speed rail is used to discuss the issues. The concept of reasonable travel time is developed, reflecting a difference between useful and non-useful travel.
O. Yul Kwon
Chapter 2 examines Korea’s economic development, economic policies, and economic institutions from the 1960s to today and their impact on society and social trust. Korean state-led economic policy played the pivotal role for the economy and society. Korea’s dirigiste policy paradigm, which focussed on economic growth, was successful until it caused the 1997 financial crisis. In response to the crisis, policy paradigm shifted from dirigisme to a liberalised and market-oriented economy, causing drastic economic reforms to be undertaken. Behind the façade of rapid economic growth, society has become dysfunctional and a drag on economic development, indicating that social progress is not only desirable in its own right, but an ineluctable element for economic progress. For the nation’s objective of sustainable and equitable social and economic development, policy should focus on the dynamic relationship between economic development and social trust.
Jan Scheurer and Carey Curtis
Jan Scheurer and Carey Curtis examine socio-spatial equity and transit investment in Melbourne. Following inner-urban gentrification trends over several decades, Australia’s larger cities show a strong pattern for socio-economically disadvantaged groups to reside at the urban fringe, where they are also transport-disadvantaged. Spatial data compares socio-economic disadvantage against indicators of public transport accessibility to illustrate how current public transport investment programs in Melbourne could be modified and expanded to address spatial inequalities. It is argued that a greater geographical reach of high-quality public transport and of opportunities for low-car living must coincide with dedicated housing affordability programs if a reversal of social-spatial disparities is to occur.
Performance requirements (PRs) are in essence measures host country governments take in exercising the right to regulate foreign investors and their investments, promoting the benefits of foreign investments to sustainable development in the host country. There is controversy over whether or not and to what extent PRs should be prohibited owing to the dual feature of PRs and the non-conclusive results of empirical effectiveness assessments of PRs. The regulation of PRs by international investment treaties should take into account the right of the host country to regulate, and a general prohibition with various exceptions balancing rights and obligations between the host and the home country may be the best approach to tackle the issue. The WTO commitments concerning PRs that China has made may it difficult for the country to develop its PRs policy.
Mohd M. Billah, Ezzedine GhlamAllah and Christos Alexakis
An insurance practice under Islamic Law and teachings possesses certain fundamental characteristics upon which an insurance contract is to be held valid. A Takaful insurance policy aims at achieving the pleasure of Allah (swt) through the concept of mutual help and cooperation with the goal of providing material assistance against an unexpected future damage, loss or peril. An insurance policy remains valid if none of its aspects contradicts with the Shari’ah principles. The sources of the Islamic insurance contract can mainly be divided into two categories, general sources and specific sources. The general sources of Islamic Law begin with the Holy Qur’an and the Sunnah or the Tradition of the Holy Prophet (saw). These are regarded as the principal sources of Islamic Law. Other secondary sources of Islamic Law should strictly be based on these two primary sources.
Technological innovation is only one of many kinds of innovation. It is also one of the many terms coined to make use of the concept of innovation. In recent years, the concept gave rise to a plethora of terms like social innovation, sustainable innovation, responsible innovation and the like as alternatives to industrial and technological innovation. I call these terms X-innovation. How can we make sense of this semantic extension? Why do these terms come into being? What drives people to coin new terms and what do they want to achieve? The story is one of appropriation and contestation. On one hand, people appropriate a word (innovation) for its value-laden character and because of what they can do with it. A word with such a polysemy as innovation is a multi-purpose word. It works in the public mind (imaginaries) and among policy-makers. It also contributes to scholars’ citation records. On the other hand, people contest a term (technological innovation) because of its hegemonic connotation. They coin alternative ones that often become a brand.
Aslı Ü. Bali and Hanna Lerner
The chapter reviews some of the key questions that arise in constitution-writing concerning the relationship of state and religion, including in religiously-divided societies. We begin by addressing the question of why the regulation of religion-state relations in constitutions presents a distinctive set of issues worthy of study. While religiously-divided societies have received comparatively less scholarly attention, compared with ethnically-divided societies, there is a growing agreement that the issues raised by religious divisions may require distinct strategies in terms of institutional design and other potential strategies. Second, we analyze the differences between constitutional debates that occur under two distinct types of religious divisions - inter-religious divisions between different religious groups and intra-religious divisions between more conservative and more liberal members of the same religion. We discuss the different sets of constitutional tools that constitutional drafters have developed in addressing the two types of religious divisions and the conflicts they engender. Finally, we turn to canvassing some of the constitutional design tools that have emerged from cases outside of the western context where religion is a central axis of constitutional debate. The growing comparative work on constitution making in societies marked by religious conflict reveals a variety of constitutional strategies, which we have divided into three categories, each with its own advantages and limitations: (A) institutional solutions such as federalism, special groups rights, power sharing or other institutional design tools which often applied in the context of inter-religious tensions, (B) incrementalist strategies including avoidance, ambiguity, deferral and nonjusticiability which are often used by drafters to address intra-religious conflicts, and (C) legal pluralism, which even if not formally entrenched in written constitutions, may be regarded as an essential constitutional strategy for both inter- and intra-religious conflicts.