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Registos: 1 - 10 de um total de 266
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Título: Why do we need concrete measures for victims at EU level? : a view from the coalface
Autor(es): Carmen Rasquete, Ana Ferreira, Frederico Moyano Marques
Notas: Bibliografia pág. 128-129
Resumo: Every year, 75 million people—constituting approximately 15 % of the entire EU population—become direct victims of crime in the European Union (Commission Staff Working Paper Impact Assessment, COM (2011) 274 final). These numbers are so enormous that it is difficult even to picture what they really mean, and how devastating that reality is. These numbers should by themselves inspire the need for change. Victims of crime remain outside the core of the judicial systems of most of EU Member States. The triangular relationship between the offender, the state and the victim of the criminal offence is still a two-way path, with the victim regarded as a secondary player. A shift in this paradigm is urgently needed and the Directive of the European Parliament and the Council establishing minimum standards on the rights, support and protection of victims of crime is a step towards a harmonised acceptance of this vision. Efforts have been made in this direction over time. Yet, in the wake of numerous new laws, a greater effort to promote cooperation, and even a considerably more pro-active approach by the European Commission, there is still a long way to go. The difference in the treatment accorded to victims in various different Member States is appalling. For instance, access to justice continues to differ immensely between different EU countries. Vindicating the right to information remains one of the most challenging battles any victim has to endure. The protection accorded is not yet sufficient and the rights and needs of victims have not ceased to be disregarded over and over again
Publicado em: In: ERA Forum. - Trier. - V. 15, n.º 1 (jun. 2014), p. 119-129
Assuntos: Vítima | Apoio à vítima
Veja também: Rasquete, Carmen | Ferreira, Ana | Marques, Frederico Moyano
Localização: PP.249 (CEJ)

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Título: When must national judges raise european law issues on their own motion?
Autor(es): Tadeusz Erecinski
Resumo: This article discusses lhe Polish legal framework for raising issues ex officio in civil procedure, and how this interacts with requirements laid down by lhe European Court of Justice that certain issues of European Union law be raised on lhe national judge's own motion. The article looks at how lhe Polish courts have complied with lhe case-Iaw of lhe European Court of Justice in this respect.
Publicado em: In: ERA Forum. - Trier : ERA, [2000]- . - V. 11, Nº 4 (Fev. 2011), p. 525-529
Assuntos: Tutela jurisdicional | Aplicação do direito | União Europeia | Polónia
Veja também: Erecinski, Tadeusz
Localização: PP.249 (CEJ)

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Título: When Cives Europae became bargaining chips : free movement of persons in the Brexit negotiations
Autor(es): Adam Łazowski
Resumo: This article aims at taking stock of the Brexit developments thus far and provides the readers with an analysis of how, broadly understood, immigration has contributed to the results of the referendum and what role it plays in the negotiations between the EU and the UK
Publicado em: In: ERA Forum. - Trier. - V. 18, n.º 4 (junho 2018), p. 469-491
Assuntos: Brexit | Imigração | Livre circulação | Acordo de retirada
Veja também: Łazowski, Adam
Localização: PP.249 (CEJ)

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Título: The way forward : the implementation of the EU agenda for the rights of the child
Autor(es): Margaret Tuite
Resumo: The pursuit of the implementation of child-friendly justice in the EU conforms to the core values of the European Union. This article provides an overview of EU activities on child-friendly justice and points to a need to focus on implementation aspects: on the collection of data to underpin, measure and monitor implementation at regular intervals, and on the value and benefits of interdisciplinary and multidisciplinary cooperation and coordination, including training
Assuntos: União Europeia | Direito da criança | Interesse superior da criança | Protecção de menores
Veja também: Tuite, Margaret
Localização: PP.249 (CEJ)

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Título: Virtual and cryptocurrencies : regulatory and anti-money laundering approaches in the European Union and in Switzerland
Autor(es): Thomas A. Frick
Resumo: Cryptocurrencies and virtual currencies gained prominence in 2017 and 2018. The European Union has closely observed developments but has not been proactive in regulating this new phenomenon. In the Fifth Anti-Money Laundering Directive, a definition of virtual currencies was introduced to EU law for the first time. Reports published by the European Securities and Markets Authority and by the European Banking Authority, both in 2019, provide further clarification on the approach being taken at EU level. Switzerland has been at the forefront of crypto developments. The Swiss approach to regulating the crypto world is different from the approach taken e.g., in Malta and Liechtenstein and may serve as an additional inspiration for EU regulators
Publicado em: In: ERA Forum. - Trier. - V. 20, n.º 1 (julho 2019), p. 99-112
Assuntos: Moeda virtual | Branqueamento de capitais | Financiamento colaborativo | Suiça
Veja também: Frick, Thomas A.
Localização: PP.249 (CEJ)

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Título: Victims’ protection within the context of trafficking in human beings and European Union standards
Autor(es): Evelyn Probst
Resumo: In the context of European Union standards, our understanding of victims’ protection has to be redefined. Unconditional support for trafficked persons is manifested in EU Directive 2011/36/EU. Yet, both the right to and access to psycho-social counselling, to residence permits and to compensation is hindered through an inconsistent international legal framework. Victims’ rights have to be at the centre of victims’ protection, with a focus on their individual vulnerabilities and needs. Therefore this paper argues that victims’ protection of trafficked persons has to be understood in a broader safety frame
Publicado em: In: ERA Forum. - Trier. - V. 19, n.º 3 (março 2019), p. 357-367
Assuntos: Protecção das vítimas | Autorização de residência | Apoio à vítima | Tráfico de pessoas
Veja também: Probst, Evelyn
Localização: PP.249 (CEJ)

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Título: VAT and electronic commerce : the new rules as a means for simplification, combatting fraud and creating a more level playing field?
Autor(es): Marta Papis-Almansa
Resumo: Removing obstacles to e-commerce in the Single Market and ensuring effective taxation in the context of the digital economy has been high on the political agenda both in the European Union and beyond. Recently the VAT rules on cross-border e-commerce have gone through a thorough modernisation with a package of new provisions in the EU VAT legislation coming into effect as of 2019 and 2021. Further measures with the objective of laying down solid foundations for an effective, fair, simple and fraud-resistant taxation of e-commerce transactions have been envisaged. This article helps to navigate a complex set of new provisions and offers reflections on whether the new rules will achieve their objective
Publicado em: In: ERA Forum. - Trier. - V. 20, n.º 2 (outubro 2019), p. 201-223
Assuntos: Direito europeu | Comércio electrónico
Veja também: Papis-Almansa, Marta
Localização: PP.249 (CEJ)

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Título: The use of illegally obtained evidence in criminal cases : a brief overview
Autor(es): Joachim Meese
Notas: Bibliografia pág. 308-309
Resumo: The existence of an evidentiary exclusionary rule plays a vital role in almost all legal systems. This rule requires that illegally obtained evidence is “excluded” from the case file and withheld from the judges. While commentators generally agree that such a rule is indispensable in a modern and fully functioning criminal law system, much controversy exists as to the exact extent and context of such an exclusionary rule. More precisely a fragile balance has to be found between on the one hand protecting fundamental human rights and on the other hand ensuring justice. In most countries the application of the exclusionary rule has weakened in recent times: most legal systems shifted their focus and placed more emphasis on the importance of ensuring justice. Those legal systems nowadays allow for exclusionary rules which accept prosecutors to continue to use evidence during trials in spite of the fact that it was obtained illegally or, in some cases, even unconstitutionally. Such a view seems to be irreconcilable with the human rights enshrined in, for instance, the European Convention on Human Rights. Still, an analysis of the jurisprudence of the European Court on Human Rights shows that the Court seems to be hesitant to take a strong position in the matter and prefers to leave the interpretation of the exclusionary rule up to the discretion of the member states. Only in the most flagrant cases of illegally obtained evidence (for instance evidence obtained through torture or inhumane treatment) the Court has intervened and concluded that such evidence cannot be allowed
Publicado em: In: ERA Forum. - Trier. - V. 18, n.º 3 (setembro 2017), p. 297-309
Assuntos: Direito penal | Regra de exclusão | Procedimento comparativo
Veja também: Meese, Joachim
Localização: PP.249 (CEJ)

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Título: The United Nations Convention on the rights of persons disabilities : an introduction
Autor(es): Shivaun Quinlivan
Resumo: The European Union for the first time ratified an international human rights treaty: The United Nations Convention on the Rights of Persons with Disabilities. Such ratification will undoubtedly impact on EU law, and importantly on the position of people with disabilities in Europe and further afield. The Convention has been described as embodying the '"paradigm shift" , being revolutionary and ground breaking. This paper will assess the content of the Convention, addressing the innovative general principles, the means of implementation as well the substantive rights contained in the Convention.
Publicado em: In: ERA Forum. - Trier : ERA, [2000]- . - V. 13, Nº 1 (Jun. 2012), p.71-85
Assuntos: Direitos do homem | Convenção Europeia dos Direitos do Homem | Deficiente | Pessoas com deficiência | Discriminação
Veja também: Quinlivan, Shivaun
Localização: PP.249 (CEJ)

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Título: Undertakings caught in the crossfire : US sanctions on Iran vs. the EU Blocking Regulation and possible compensation as State aid
Autor(es): Michael Jürgen Werner, Julia Kampouridi, Laura Ryzgelyte
Resumo: This articles sets out the regimes applicable in the United States and the European Union in relation to trade with Iran, as a result of the USA’s withdrawal from the Iran nuclear deal and the EU’s response. These regimes create conflicting obligations on non-US undertakings. On this basis, it is possible to envisage that EU Member States would adopt measures to compensate undertakings for damages suffered as a result of continuing to trade with Iran. This article analyses whether this would fall foul of EU State aid rules and provides guidance regarding the design of any such schemes to prevent their prohibition thereunder
Publicado em: In: ERA Forum. - Trier. - V. 20, n.º 1 (julho 2019), p. 63-79
Assuntos: Auxílio estatal | Retirada dos EUA do acordo nuclear | Compensação | Regulamento de bloqueio da UE | Estados Unidos da América | Irão
Veja também: Werner, Michael Jürgen | Kampouridi, Julia | Ryzgelyte, Laura
Localização: PP.249 (CEJ)