scholarly journals Working in tandem: Proportionality and procedural guarantees in EU immigration law

2019 ◽  
Vol 20 (1) ◽  
pp. 89-110
Author(s):  
Johan Rochel
Keyword(s):  
General Principle ◽  
Point Of View ◽  
Immigration Law ◽  
Legal Regime ◽  
Application Procedure ◽  
Ethical And Legal Considerations ◽  
Principle Of Proportionality ◽  
Immigration Ethics ◽  
Practical Implications ◽  
First Admission

AbstractThis Article aims at highlighting theoretical and practical issues around the application of the general principle of proportionality in EU immigration. It focuses on the application procedure foreseen by the Single Permit Directive by proposing an argument that combines proportionality and procedural guarantees. This Article has two main objectives: First, it explains why and how the general principle of proportionality is applicable to first admission applications. In this context, the Single Permit Directive—adopted as an important piece of the emerging EU legal regime on immigration—will represent a common theme for our reflections and a timely example on the practical implications of the argument presented in this Article. Second, it explores an important dimension of the legal-philosophical relevance of proportionality as applied to immigration. This specific Article might be apprehended from the point of view of a larger debate on the meaning of discretion in immigration law. It connects to the field of immigration ethics, a field in which legal scholars should become more active. As will be shown, ethical and legal considerations on immigration should work closely together, thereby improving current regulations and their implementation.

Towards a Legal Turn in the Ethics of Immigration

2017 ◽  
Vol 4 (1) ◽  
pp. 31-55 ◽  
Author(s):  
Johan Rochel
Keyword(s):  
Point Of View ◽  
Immigration Law ◽  
Research Fields ◽  
Ethical Debate ◽  
Law And Ethics ◽  
Normative Practice ◽  
Principle Of Proportionality ◽  
New Research ◽  
Promising Development ◽  
Migration Law

This contribution presents the case for a ‘legal turn’ in the ethical debate on immigration. The legal turn is an invitation directed mainly at philosophers to take law as a normative practice seriously, to draw upon the normative resources which it entails and to look for cooperation opportunities with legal scholars. In the continuation of the debates on the ethics of immigration, this legal turn represents an important opportunity for philosophy to gain more relevance in the legal and political realms by affirming its capacity to inspire and guide concrete legal evolutions. This piece proposes both a methodological argument on how to make room for the contributions made by ethical theory within a legal argument and an exemplification of this innovative approach as a way to uncover new research fields for both immigration law and ethics. This legal turn represents a promising development of the consistency-based approach used widely by philosophers arguing from the point of view of liberal and democratic values and highlighting inconsistency in immigration policy. The legal turn pleads for a new locus for ethical investigation (namely immigration law) and proposes a methodology labelled as a ‘normative reflexive dialogue’. The potential of this dialogue will be exemplified through the principle of proportionality, a decisive principle for migration law and ethics.

scholarly journals The draft of the Regulation (EC) No 852/2004: food safety culture under new administration

2021 ◽  
Author(s):  
Sigune Lopp ◽  
Joel M. Goebelbecker ◽  
Patrick C. Ruff
Keyword(s):  
Food Safety ◽  
Safety Culture ◽  
General Principle ◽  
Evaluation System ◽  
Point Of View ◽  
New Development ◽  
Food Safety Culture

AbstractThe current draft of Regulation (EC) 852/2004 promotes a food safety culture as a general principle. The various stakeholders evaluate this planned new development quite differently. While this is very welcome from a scientific point of view, there are still considerable objections from stakeholders of the area for implementation and monitoring. The challenge is how to integrate the principles into industry, and to measure and verify their effectiveness. In this article, the dimensions of food safety culture are illustrated, and an evaluation system is outlined.

Comparison of the reluctance laminated and solid rotor synchronous machine operating at high temperatures

2019 ◽  
Vol 38 (4) ◽  
pp. 1111-1119 ◽  
Author(s):  
Marcin Lefik ◽  
Krzysztof Komeza ◽  
Ewa Napieralska-Juszczak ◽  
Daniel Roger ◽  
Piotr Andrzej Napieralski
Keyword(s):  
High Speed ◽  
Design Methodology ◽  
Three Dimensional ◽  
Synchronous Machine ◽  
Point Of View ◽  
Heat Sources ◽  
Model Calculations ◽  
Content Type ◽  
Thermal Phenomenon ◽  
Practical Implications

Purpose The purpose of this paper is to present a comparison between reluctance synchronous machine-enabling work at high internal temperature (HT° machine) with laminated and solid rotor. Design/methodology/approach To obtain heat sources for the thermal model, calculations of the electromagnetic field were made using the Opera 3D program including effect of rotation and the resulting eddy current losses. To analyse the thermal phenomenon, the 3D coupled thermal-fluid (CFD) model is used. Findings The presented results show clearly that laminated construction is much better from a point of view of efficiency and temperature. However, solid construction can be interesting for high speed machines due to their mechanical robustness. Research limitations/implications The main problem, despite the use of parallel calculations, is the long calculation time. Practical implications The obtained simulation and experimental results show the possibility of building a machine operating at a much higher ambient temperature than it was previously produced for example in the vicinity of the aircraft turbines. Originality/value The paper presents the application of fully three-dimensional coupled electromagnetic and thermal analysis of new machine constructions designed for elevated temperature.

Economic thought in the 17th and 18th centuries: a linguistic approach

2015 ◽  
Vol 23 (3) ◽  
pp. 260-270
Author(s):  
Iara Vigo de Lima
Keyword(s):  
Economic Thought ◽  
Point Of View ◽  
Content Type ◽  
Front Position ◽  
History Of ◽  
Epistemological Model ◽  
Theory Of Language ◽  
Theory Of Value ◽  
Linguistic Approach ◽  
Practical Implications

Purpose – The purpose of this paper is to analyse Michel Foucault’s new epistemological model regarding an analogy between the theory of language and economic thought in the seventeenth and eighteenth centuries. Design/methodology/approach – Through the scrutiny of language, Foucault intended to demonstrate that some analogies, among different branches of knowledge (interdiscursive practice), allow us to apprehend the underlying configuration of thought regarding ontological and epistemological conditions that have historically determined knowledge. He draws a parallel between four theoretical segments borrowed from general grammar (Attribution, Articulation, Designation and Derivation) and economic thought on wealth. Findings – One of the most remarkable propositions of this approach is that the theory of language and economic thought were epistemologically isomorphic in that context. What the theory of language stated in relation to “attribution” and “articulation” corresponded to the “theory of value” in economic thought. What grammar investigated regarding “designation” and “derivation” was analogous to the “theory of money and trade” in economic thought. The relationships that were – directly and diagonally – identified between and among them led to the conclusion that there was ‘a circular and surface causality’ in economic thought insofar as “circulation” preceded “production”. It was “superficial” because it could not find an explanation for the cause of “wealth”, which was only possible when “production” was placed in the front position of theories. Practical implications – Such an epistemological point of view can inspire other studies in the history of economic thought. Originality/value – This paper offers a perspective on how to think about the history of ontological and epistemological conditions of economic thought.

The inseparable nature of working and learning: peripheral management practice that facilitates employee learning

2014 ◽  
Vol 28 (5) ◽  
pp. 10-12 ◽  
Author(s):  
Jay Andrew Cohen
Keyword(s):  
Management Practices ◽  
Management Practice ◽  
Point Of View ◽  
Management Activity ◽  
Content Type ◽  
Employee Learning ◽  
Frontline Managers ◽  
Social Act ◽  
Practical Implications ◽  
Good Manager

Purpose – This paper aims to look at the peripheral management practice that facilitates employee learning. Such management practices are embedded or inseparable to working and being a good manager. Design/methodology/approach – Point of view. Findings – For many frontline managers and their employees, the separation between working and learning is often not apparent. There appears to be no clear distinction between when they are working and when they are learning. Practical implications – Better development of organizational managers. Originality/value – This paper highlights the informal nature of learning and working and builds on the understanding that much of the learning that occurs at work occurs as part of a social act, often involving managers and their employees. In this way, employee learning that is identified and facilitated by frontline managers is so often entwined in other management activity. Furthermore, this paper outlines some practical actions that organizations can undertake to aid greater frontline management involvement in employee learning.

Entrepreneurship and fintech development: comparing reward and equity crowdfunding

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ciro Troise ◽  
Diego Matricano ◽  
Elena Candelo ◽  
Mario Sorrentino
Keyword(s):  
Design Methodology ◽  
State Of The Art ◽  
Methodological Approach ◽  
Point Of View ◽  
Comparative Approach ◽  
Current Debate ◽  
Content Type ◽  
Equity Crowdfunding ◽  
Research Propositions ◽  
Practical Implications

Purpose Starting from the state-of-the-art of Fintech development, this study aims to propose some research propositions comparing reward-crowdfunding (RCF) and equity-crowdfunding (ECF). In this sense, the present research provides a comprehensive analysis of fintech development and – to conceptualize the comparison between RCF and ECF – it focuses on campaigns’ characteristics, aims and post-campaigns scenarios. Design/methodology/approach All the research propositions related to the comparison between RCF and ECF are rooted in dedicated literature. The methodological approach adopted in the present paper can be referred to theorizing. Findings This study suggests that five key elements characterize the development of fintech: regulation, infrastructure, technologies, finance and innovations. The research provides nine propositions: four related to the campaigns’ characteristics; two related to the use of crowdfunding models by entrepreneurs; and three related to the performance of crowdfunded companies. Practical implications By offering nine research propositions, this study is expected to foster and support the investigation of fintech development from an entrepreneurial and managerial point of view. Originality/value To the best of authors’ knowledge, this study is among the first to explore the fintech development and to propose a comparative approach between RCF and ECF. This research contributes to the current debate on fintech development as well as on the comparison between crowdfunding models.

Shadows of the Sun

2020 ◽  
pp. 263-275
Author(s):  
Yin Ker
Keyword(s):  
General Principle ◽  
Spiritual Transformation ◽  
Point Of View ◽  
The Sun ◽  
Film Proposal ◽  
Animated Film ◽  
Static Images

An inscription on a Chinese statue of Amitabha dated 746 AD reads, “As a matter of general principle, the highest truth is devoid of any image. But if there were no image, there would be no possibility for truth to manifest itself. The highest principle is without words. But if there were no words, how could the principle be known?” From the point of view of an art historian and through the example of a short animated film proposal, this essay investigates the ways in which strategies specific to animation, such as narrativity, metaphorical potency, metamorphosis, and most importantly, the capacity to penetrate intangible dimensions, mitigate these challenges. The author argues that animation offers a more efficacious medium than static images and theory in evincing Buddhist dharma; namely, that in the process of depicting Buddhist thought and practice, both the activity and product of animation become sites of merit-making and means of spiritual transformation in themselves.

Physical–spatial–technological environments and successful ageing

2021 ◽  
pp. 43-50
Author(s):  
Clemens Tesch-Römer ◽  
Hans-Werner Wahl ◽  
Suresh I. S. Rattan ◽  
Liat Ayalon
Keyword(s):  
Point Of View ◽  
Successful Ageing ◽  
Term Care ◽  
Lack Of Fit ◽  
Person Environment Fit ◽  
Environment Agency ◽  
External Forces ◽  
Practical Implications ◽  
Practical Sense

In this chapter the authors argue that physical, spatial, and technological environments are relevant to successful ageing both in a conceptual and in a practical sense. Conceptually, efforts towards ageing successfully cannot be discussed separately from the various external forces that serve as constraining or enhancing influences in this respect. From a practical point of view, interventions aimed at improving one’s environment become increasingly relevant as an individual’s resources and reserve capacities dwindle. Environments for ageing successfully may be characterized in terms of person–environment docility vs proactivity, person–environment fit vs lack of fit, and person–environment agency vs belonging. The authors link these concepts with various models of successful ageing and discuss practical implications for housing, long-term care environments, neighbourhoods, municipalities, and use of digital technology.

Sign in / Sign up

Export Citation Format

Share Document