Prosodic features are some of the most salient features of dialect variation in Norway. It is therefore no wonder that the switch in prosodic systems is what is first recognized by caretakers and ...scholars when Norwegian children code-switch to something resembling the dialect of the capital (henceforth Urban East Norwegian, UEN) in role-play. With a focus on the system of lexical tonal accents, this paper investigates the spontaneous speech of North Norwegian children engaging in peer social role-play. By investigating F0 contours extracted from a corpus of spontaneous peer play, and comparing them with elicited baseline reference contours, this paper makes the case that children fail to apply the target tonal accent consistent with UEN in compounds in role-play, although the production of tonal accents otherwise seems to be phonetically target like UEN. Put in other words, they perform in accordance with UEN phonetics, but not UEN morpho-phonology.
Since Francovich it seems the damages remedy has become The Remedy for individuals suffering economic loss by reason of EU law infringements by Member States. There is however an alternative to ...damages in private enforcement of EU law, in fact an antecedent to Francovich: Restitution by reason of a breach of EU law. Nonetheless, the criteria for restitution from a Member State, by reason of its breach of WU law, still remain neglected in comparison to the close attention and debates surrounding the criteria for the damages action against Member State. The purpose of this contribution is thus to identify and to discuss the distinctive elements of restitution as a remedy in the event of a breach of EU law by a Member State. Focus is on the very criteria that constitute legal basis for a claim of restitution from a Member State under EU law and the extent to which those criteria should be governed by EU law or by national law. Less attention is devoted to exceptions from liability to make restitution, although their existence in the case law is duly noted. The criteria identified in the case law are (1) the existence of a substantive right conferred on the claimant by EU law, (2) the existence of a payment from the claimant, collect by or on behalf of Member State, (3) the incompatibility of the basis of that payment with EU law, and ((4) that the payment follows as an inevitable consequence of the breach of EU law by the Member State. Case law hints on the more precise legal content of the criteria are examined in an attempt to shed light on their proper interpretation and application. It is noted that the second and the third criteria cannot, on the basis of existing case law, be defined with precision. In that connection it is discussed whether the second criterion should be subdivided into two criteria: Impoverishment of the claimant and enrichment of the Member State. As regards to the fourth criterion it is noted that it is uncertain whether it applies at all. Finally it is submitted that some of the difficulties could be overcome if the Court of Justice were to distinguish clear cases of repayment of charges levied by a Member State institution or agency in breach of EU law from more difficult cases of possible liability by reason of the enrichment of Member States.
This paper investigates the variation in and development of a set of morphological variables in a register known to be used by Norwegian children when engaging in role play. In this register they ...code-switch to something resembling the standard or Oslo variety for their in-character role utterances. The variation across variables, subjects, and age is demonstrated and discussed, and although most variables are used in the standard variants, their rates vary. A fitted binomial generalised mixed effect analysis on the most frequent variables shows that the rate of standard variants increases significantly as an effect of age.
This volume in the Swedish Studies in European Law series, produced by the Swedish Network for European Legal Studies, heralds the new harmonised regime of private enforcement of EU competition law. ...In 2013, the Commission issued a Communication and Practical Guide to the quantification of harm in antitrust litigation and a Recommendation on collective redress. In 2014, the long-awaited Directive on actions for damages for infringements of EU competition law was finally adopted. In 2016, the Commission is expected to issue guidelines on the passing-on of overcharges. This book examines these recent developments and offers the perspectives of judges, officials, practitioners and academics. With a preface by Judge Carl Wetter of the General Court, the book explores five different themes. In section one, the main policy issues and challenges are presented. In section two, the new regime is placed in the bigger picture of recent EU law developments. In section three, the nexus between private enforcement and transparency is investigated. A comparative perspective is offered in section four, by looking into private enforcement in five Member State jurisdictions. Finally, issues relating to causation, harm and indirect purchasers are explored in section five.
The proper functioning of the EU financial market is protected by public actors, both national and supranational, who are responsible for rulemaking and for supervision of investment firms and other ...private actors. At the same time, the effectiveness of the EU legal system requires vigilance from private actors such as investment firms and their clients, who may invoke their rights before national authorities and courts. This means that investment firms have a dual role within the system, as subjects of control and enforcement, as well as agents in the maintenance of the rule of law. This book brings together a group of scholars with expertise in different legal disciplines, but a shared interest in the EU internal market and its development. It is intended to integrate a modern study of the form and function of EU rulemaking in the internal market after the financial crisis with an evaluation of core aspects of rulemaking in the financial market and, in this way, to provide a cross-cutting treatment of EU law. The book focuses on the regulatory framework in MiFID II and MiFIR, and the following thematic questions: what are the legal mechanisms for accountability, and what is the role of investment firms in the operation of those mechanisms?; what are the implications of the answers to the previous question for EU law and the EU legal system?; how do the findings contribute to the understanding of the concept of accountability?
We address the question whether speakers activate different grammars when they encounter linguistic input from different registers, here written standardised language and spoken dialect. This ...question feeds into the larger theoretical and empirical question if variable syntactic patterns should be modelled as switching between different registers/grammars, or as underspecified mappings from form to meaning within one grammar. We analyse 6000 observations from 26 high school students from Tromsø, comprising more than 20 phonological, morphological, lexical and syntactic variables obtained from two elicited production experiments: one using standardised written language and one using spoken dialect as the elicitation source. The results suggest that most participants directly activate morphophonological forms from the local dialect when encountering standardised orthographic forms, suggesting that they do not treat the written and spoken language as different grammars. Furthermore, the syntactic variation does not track the morphophonological variation, which suggests that code/register-switching alone cannot explain syntactic optionality.
EU Competition Litigation Strand, Magnus; Bastidas, Vladimir; Iacovides, Marios C
2019, 2019-05-16
eBook, Conference Proceeding
Odprti dostop
All EU Member States have now transposed Directive 2014/104/EU on damages actions for breaches of competition law into national law. The Directive (and the soft-law instruments accompanying it) not ...only marks a new phase for private enforcement of competition law but also, more generally, provides a novel and thought provoking instance of EU harmonisation of aspects of private law and civil litigation. Following up on a previous volume in the Swedish Studies in European Law series, published in 2016, this open access book offers contributions from top practitioners and scholars from all over Europe, who present and discuss first experiences from the implementation of the new damages regime in various jurisdictions. Topics covered include theoretical and practical reflections on the state of private enforcement in Europe, the balancing of conflicting interests pertaining to public and private enforcement of competition law respectively, and specific legal issues such as causation and the estimation of harm. The authors explore problems solved, problems created, and future challenges in the new regime of private enforcement of competition law in Europe, offering predictions as to issues that may have to be settled through recourse to the European Court of Justice. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Studies Network.
These are glory days for anyone interested in private enforcement of EU competition law. Until Courage, liability in damages for a breach of EU competition law was generally a matter to be decided on ...the basis of applicable national law. The idea of adopting harmonizing EU legislation on damages actions has been contemplated since the 1960s, but it was only pursuant to Courage, where the European Court of Justice famously held that it must be "open to any individual to claim damages for loss caused to him by a contract or by conduct liable to restrict or distort competition," that the Commission began seriously to address the issue. Here, Strand explores competition damages betwixt and between past and future.
This is a case note on Cogeco , a judgment of the European Court of Justice copncerning a damages claim for an infringement of competition law. Cogeco is important, in the sense that it was the ...first case on private enforcement of EU competition law since the advent of the new private enforcement regime, and since it connects the past and future of private enforcement. While it is doubtful whether certain aspects of the case will offer useful guidance under the new regime, in other aspects Cogeco should become an important precedent.