Legislated Rights Webber, Grégoire; Yowell, Paul; Ekins, Richard ...
02/2018
eBook
The important aspects of human wellbeing outlined in human rights instruments and constitutional bills of rights can only be adequately secured as and when they are rendered the object of specific ...rights and corresponding duties. It is often assumed that the main responsibility for specifying the content of such genuine rights lies with courts. Legislated Rights: Securing Human Rights through Legislation argues against this assumption, by showing how legislatures can and should be at the centre of the practice of human rights. This jointly authored book explores how and why legislatures, being strategically placed within a system of positive law, can help realise human rights through modes of protection that courts cannot provide by way of judicial review.
The principle of mutual recognition represents one of the brilliant creations of the Court of Justice of the European Union, which has significantly contributed to the achievement of the free ...movement of goods, in the absence of the approximation of national laws, and which is impressive even today by its depth and vocation to extend to new fields of European integration. Mutual recognition is one of the efficient solutions in order to have unity in diversity and also common objectives to reach. We find the principle of mutual recognition in the sphere of the fundamental freedoms of the internal market and in very different domains of the internal market too. Judicial cooperation in civil and criminal matters uses this principle in order to ensure the free movement of judgements and the effectiveness of criminal proceedings. The application of the principle in very different fields has illustrated its utility, as well as the particularities of each area. By observing these particularities, we can better understand the European integration specificity in various fields and its challenges. Our research is descriptive, explanatory and comparative, being accompanied by the relevant case law of the Court of Justice of the European Union.
This book offers a comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights. The analysis covers national courts' ...judicial dialogue from different regions of the world, including Eastern Europe, Latin America, Canada, Nigeria and Malaysia. The text is complemented by studies on specific subject matters such as LGTBI people's and asylum seekers' rights that further contribute to a better understanding of factors that stimulate or hold back judicial dialogue, and by first hand insights of domestic and European Court of Human Rights judges into their courts' involvement in judicial dialogue. The book features contributions from leading scholars and judges, whose combined perspectives provide an interesting and timely study.
In order to achieve the objectives of integration policies, one of the crucial activities of the European Community was to ensure the approximation of laws of the Member States to the extent ...necessary for the functioning of the common/internal market. In this field, the adoption of the Lisbon Treaty has not brought along any significant changes. The substantive provisions conferring competence may be added, deleted or modified, as part of another common policy that contributes to the functioning of the internal market, without requiring changes in the procedural rules of the law approximation policy itself. Moreover, primary law includes several provisions on law approximation, without giving sufficient indication of any comprehensive definition of this concept, providing only a general and vague normative framework. For this reason, it was the judicial interpretation of the rules of cross-community policy of the approximation of legislation that came to complete the provisions of the treaties in a creative and evolutionary manner. In order to explain and analyse this evolution, this paper will first focus on the nature of the provisions on law approximation set by the treaties and then examine how those provisions were interpreted and completed by the Court of Justice.
In the NanoDefine project ('NanoDefine') approach a characterisation method includes both sample preparation and analysis with a defined measurement technique. To ensure repeatability, the sample ...preparation should be done according to Standard Operation Procedures (SOPs). The aim of this report, part 3 of the NanoDefine Manual, is to present the twenty-three SOPs developed within NanoDefine to facilitate and harmonise the particle size distribution measurements. These SOPs have been developed for different purposes, leading to different the types of SOPs that are gathered in this document.
The NanoDefine methods manual Mech, Agnieszka; Rauscher, Hubert; Babick, Frank ...
2020, Letnik:
29876
Journal Article
Odprti dostop
The overall goal of the NanoDefine project was to support the implementation of the EC Recommendation for a Definition of Nanomaterial (2011/696/EU) (EC NM Definition). The project has developed an ...integrated approach, which allows identifying any material as falling within or outside the EC NM Definition. Data, knowledge and tools developed, generated and/or evaluated in the project form the bases of the NanoDefiner Framework, e-tool and the NanoDefine Methods Manual. All these instruments are a result of a collaborative work of project partners, and development of NanoDefine Methods Manual and the NanoDefiner Framework were led by the JRC. The NanoDefiner Framework, e-tool and Methods Manual were developed in the context of the EC Recommendation for a definition of nanomaterial, which provides a common basis for regulatory purposes across all areas of European Union policy. The definition or core parts of it have been enacted in EU legislation, (e.g. REACH, Biocidal Products Regulation, Medical Devices Regulation). Therefore development of appropriate methods and approaches to understand if a material meets the criteria laid down in the EC NM Definition is of key importance both for industry, stakeholders and regulators. The objective of the NanoDefiner Framework is to provide the industry, stakeholders and regulators with information and procedures to decide, for particulate materials, whether they fulfil the EC's Recommendation on a Definition of Nanomaterial (2011/696/EU).
In the NanoDefine project ('NanoDefine') approach a characterisation method includes both sample preparation and analysis with a defined measurement technique. To ensure repeatability, the sample ...preparation should be done according to Standard Operation Procedures (SOPs). The aim of this report, part 3 of the NanoDefine Manual, is to present the twenty-three SOPs developed within NanoDefine to facilitate and harmonise the particle size distribution measurements. These SOPs have been developed for different purposes, leading to different the types of SOPs that are gathered in this document.
This document is Part 2 ("Evaluation of methods") of the NanoDefine Methods Manual. It is based on the results of a comprehensive study performed within the NanoDefine project ('NanoDefine') of the ...available measurement techniques, which are candidates for performing a reliable analysis of the number-based size distribution of a particulate material, with the goal to identify nanomaterials according to the European Commission recommendation on the definition of nanomaterial1. NanoDefine was executed under the European Community's Seventh Framework Programme (FP7/2007-2013) under Grant Agreement n° 604347. Based on the performance criteria established in NanoDefine the potential measurement techniques were evaluated (i) according to studies available in the literature, (ii) in a comparative interlaboratory study with selected real world materials ("NanoDefine priority materials"), as well as (iii) through the expertise of the NanoDefine consortium partners. The detailed information on the evaluation process is presented in NanoDefine Technical Reports which can be found on the project website at http://www.nanodefine.eu/index.php/nanodefine-publications/nanodefine-technical-reports. This document discusses most of the available size measurement techniques for nanomaterials. The different types of the methods that allow the determination of size and size distributions are explained and an overview of techniques and their capabilities is presented in user-friendly overview tables. These tables provide the reader with a possibility for quick selection of the method(s) which may be appropriate for the characterisation of given material. For the final selection of the method(s) to be employed it is highly recommended to use the detailed performance tables. These are described in the four main sections of the report. Each section introduces one of the four types of methods: counting, fractioning, spectroscopic ensemble and integral methods and explains the basic principles of that type of method as well as its performance, advantages and disadvantages. This report presents the outcomes of the evaluation in two types of tables per method: one table that presents general performance information highlighting also advantages and disadvantages of the technique. The second table provides additional and very detailed information on the capabilities of the method.
The NanoDefine methods manual Mech, Agnieszka; Rauscher, Hubert; Babick, Frank ...
2020, Letnik:
29876
Journal Article
Odprti dostop
The overall goal of the NanoDefine project was to support the implementation of the EC Recommendation for a Definition of Nanomaterial (2011/696/EU) (EC NM Definition). The project has developed an ...integrated approach, which allows identifying any material as falling within or outside the EC NM Definition. Data, knowledge and tools developed, generated and/or evaluated in the project form the bases of the NanoDefiner Framework, e-tool and the NanoDefine Methods Manual. All these instruments are a result of a collaborative work of project partners, and development of NanoDefine Methods Manual and the NanoDefiner Framework were led by the JRC. The NanoDefiner Framework, e-tool and Methods Manual were developed in the context of the EC Recommendation for a definition of nanomaterial, which provides a common basis for regulatory purposes across all areas of European Union policy. The definition or core parts of it have been enacted in EU legislation, (e.g. REACH, Biocidal Products Regulation, Medical Devices Regulation). Therefore development of appropriate methods and approaches to understand if a material meets the criteria laid down in the EC NM Definition is of key importance both for industry, stakeholders and regulators. The objective of the NanoDefiner Framework is to provide the industry, stakeholders and regulators with information and procedures to decide, for particulate materials, whether they fulfil the EC's Recommendation on a Definition of Nanomaterial (2011/696/EU).
This document is Part 2 ("Evaluation of methods") of the NanoDefine Methods Manual. It is based on the results of a comprehensive study performed within the NanoDefine project ('NanoDefine') of the ...available measurement techniques, which are candidates for performing a reliable analysis of the number-based size distribution of a particulate material, with the goal to identify nanomaterials according to the European Commission recommendation on the definition of nanomaterial1. NanoDefine was executed under the European Community's Seventh Framework Programme (FP7/2007-2013) under Grant Agreement n° 604347. Based on the performance criteria established in NanoDefine the potential measurement techniques were evaluated (i) according to studies available in the literature, (ii) in a comparative interlaboratory study with selected real world materials ("NanoDefine priority materials"), as well as (iii) through the expertise of the NanoDefine consortium partners. The detailed information on the evaluation process is presented in NanoDefine Technical Reports which can be found on the project website at http://www.nanodefine.eu/index.php/nanodefine-publications/nanodefine-technical-reports. This document discusses most of the available size measurement techniques for nanomaterials. The different types of the methods that allow the determination of size and size distributions are explained and an overview of techniques and their capabilities is presented in user-friendly overview tables. These tables provide the reader with a possibility for quick selection of the method(s) which may be appropriate for the characterisation of given material. For the final selection of the method(s) to be employed it is highly recommended to use the detailed performance tables. These are described in the four main sections of the report. Each section introduces one of the four types of methods: counting, fractioning, spectroscopic ensemble and integral methods and explains the basic principles of that type of method as well as its performance, advantages and disadvantages. This report presents the outcomes of the evaluation in two types of tables per method: one table that presents general performance information highlighting also advantages and disadvantages of the technique. The second table provides additional and very detailed information on the capabilities of the method.
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