Enhancing the Common European Asylum System and Alternatives to Dublin. CEPS Liberty and Security in Europe No. 83/September 2015

Upon request by the LIBE committee, this study examines the reasons why the Dublin system of allocation of responsibility for asylum seekers does not work effectively from the viewpoint of Member States or asylum-seekers. It argues that as long as it is based on the use of coercion against asylum seekers, it cannot serve as an effective tool to address existing imbalances in the allocation of responsibilities among Member States. The EU is faced with two substantial challenges: first, how to prevent unsafe journeys and risks to the lives of people seeking international protection in the EU; and secondly, how to organise the distribution of related responsibilities and costs among the Member States. This study addresses these issues with recommendations aimed at resolving current practical, legal and policy problems.

Elements of a complex but still incomplete puzzle: an assessment of the EU(-Turkey) summit. CEPS Post-Summit Analysis, 21 March 2016

The March 2016 EU Summit was yet another attempt to make progress on managing the EU’s migration/refugee crisis. In this post-summit analysis, Janis A. Emmanouilidis argues that the EU-Turkey deal, which foresees a return of migrants from Greece to Turkey and a direct resettlement of Syrians from Turkey to the EU on the grounds of a ‘1-for-1’ scheme, is a key and necessary element in a very complex puzzle trying to stop ‘irregular routes’ of migration. The ultimate success of this agreement is by no means certain, but it has the chance to reduce the number of people arriving at the shores of Europe. However, this would neither settle the crisis nor will it provide an adequate response to those in need of international protection. The ‘humanitarian imperative’ requires that the EU-Turkey deal is complemented by a much more ambitious direct resettlement scheme and other long-term measures as part of a comprehensive plan aiming to balance ‘solidarity and security’ in an effort to sustainably overcome the crisis.

Start looking South: The refugee convention 50 years on

A review essay on books by (1) Efika Feller, Volker Turk, & Frances Nicholson (Eds), Refugee Protection in International Law: UNHCR's Global Consultations on International Protection (Cambridge, UK: Cambridge U Press, 2003); (2) Niklaus Steiner, Mark Gibney & Gil Loescher (Eds), Problems of Protection: The UNHCR, Refugees and Human Rights (New York: Routledge, 2003); & (3) Joanne Van Selm, Khotine Kamanga, John Morrison, Aninia Nadig, Sanja Spoljar-Vrzina, & Loes Van Willigen (Eds), The Refugee Convention at Fifty: A View from Forced Migration Studies (Maryland, Lexington, 2003).

A negociação coletiva como instrumento de efetividade do direito fundamental à igualdade

Equality as a principle and as a legal rule, integrates brazilian constitutional order since the Constitution of 1891, constituting the target always be sought, built and promoted by the state and society as a whole. Also e xs urgem for protection of equality and non - discrimination, declarations and international treaties, mostly ratified by Brazil. The international protection of human beings with intrinsic value began in the UN Declaration of 1948, which declared the equality of all men in rights and dignity, followed by more specific international documents, in a growing movement of ratification of international standards protection of human rights occurs after the atrocities during the Second World War. Within the Internation al Labour Organisation (ILO), the theme of equality and non - discrimination in employment relationships integrates one of its main conventions, to No. 111, ratified by Brazil since 1965, which aims to eliminate discrimination in respect of employment and oc cupation. In this context, lies the collective bargaining work, with her normative instruments arising from the collective agreement and the agreement recognized constitutionally and with full ability to create and establish standards and conditions for de tails of suitable work for each occupational category and economic having the unions the power and duty to use them as a means of effecting the postulates of equality and non - discrimination in employment relationships, filling gaps in state law and / or su pplementing it, molding them to existing events in the capital - job. Driven by greater freedom contained in the Constitution of 1988, trading, and with it, the private collective autonomy, in fact, have included the issue of equality and the right to differ ence between clauses created, scheduled to affirmative action and sealing exclusionary conduct, and reported some positive outcomes, such as greater diversity in work and training followed by admission of persons with disabilities environment. These attitu des of union entities and employers should be broadened because corroborate the fulfillment of constitutional requirements for compliance with the international declarations, adapting them to the reality of labor relations and contributing to the construct ion of equality in the pursuit of social justice with the recognition of the right to be different with respect to the inherent dignity of the human condition.

Vínculo empregatício: interpretação judicial do direito fundamental à relação de emprego protegida e seus efeitos

The Federal Constitution, in Article 1, sections III and IV, lifted the work as the foundation of the Federative Republic of Brazil, including work as a social guarantee in Article 6, listing in its Article 7 minimal guarantees role with respect to social rights of workers. Although elevated to constitutional rights, these social rights of workers have in the judicial interpretation of the characteristic elements of the employment relationship, sometimes a mismatch with the legal and constitutional order, when, in deciding not ponder such elements, causing damage economic and social benefits to all workers, thus affecting the very constitutional basis of worker protection, there is therefore situations in which there must be part of unavailability of rights by the employee. Therefore, identifying the characteristic elements of employment, means allow immediate legal finding about possible illegality perpetrated by the employer, precisely because the sentence recognizes be merely declaratory noting, therefore, the elements that make up the juridical system normative in order to establish the characterization of employment in step with the effective observance and guarantee of social rights and therefore the employer's performance limiter as pertains to hiring and employee dismissal. This point is it's main element of this work, which is fundamental for the exegesis of the theme to limit the autonomy of the will. There is no denying, therefore, the need to extend the effects of these guarantees in the employment contract. In this context, therefore, jumping the guarantees of employees, embodied in particular in the Consolidation of Labor Laws, and especially in the Federal Constitution and international protection instruments to ensure the fundamental right to secure employment relationship, where technological advancement, social and economic, reflect directly, such as the parassubordinação, and claiming more and more systematic resolutions, especially when evidence gaps' values, which elevate the debate about the need for increased use of precedents of order to support the judgments, often beset with aspects of unconstitutionality, all in compliance with the integration of standards, seeking legal enforcement of this bond and providing legal certainty, there emerged, so the essence of the theme: discuss to what extent the distortion of employment limits the effectiveness of social rights and what its legal effects, since the constitutional standard for social guarantees protects equally worker admission.

Sistemas de cálculo, análise e operação virtual: interferências de campos elétricos e magnéticos produzidas por estações radio base de acesso múltiplo por divisão de código em banda larga - WCDMA

In this work it was developed mathematical resolutions taking as parameter maximum intensity values for the interference analysis of electric and magnetic fields and was given two virtual computer system that supports families of CDMA and WCDMA technologies. The first family were developed computational resources to solve electric and magnetic field calculations and power densities in Radio Base stations , with the use of CDMA technology in the 800 MHz band , taking into account the permissible values referenced by the Commission International Protection on non-Ionizing Radiation . The first family is divided into two segments of calculation carried out in virtual operation. In the first segment to compute the interference field radiated by the base station with input information such as radio channel power; Gain antenna; Radio channel number; Operating frequency; Losses in the cable; Attenuation of direction; Minimum Distance; Reflections. Said computing system allows to quickly and without the need of implementing instruments for measurements, meet the following calculated values: Effective Radiated Power; Sector Power Density; Electric field in the sector; Magnetic field in the sector; Magnetic flux density; point of maximum permissible exposure of electric field and power density. The results are shown in charts for clarity of view of power density in the industry, as well as the coverage area definition. The computer module also includes folders specifications antennas, cables and towers used in cellular telephony, the following manufacturers: RFS World, Andrew, Karthein and BRASILSAT. Many are presented "links" network access "Internet" to supplement the cable specifications, antennas, etc. . In the second segment of the first family work with more variables , seeking to perform calculations quickly and safely assisting in obtaining results of radio signal loss produced by ERB . This module displays screens representing propagation systems denominated "A" and "B". By propagating "A" are obtained radio signal attenuation calculations in areas of urban models , dense urban , suburban , and rural open . In reflection calculations are present the reflection coefficients , the standing wave ratio , return loss , the reflected power ratio , as well as the loss of the signal by mismatch impedance. With the spread " B" seek radio signal losses in the survey line and not targeted , the effective area , the power density , the received power , the coverage radius , the conversion levels and the gain conversion systems radiant . The second family of virtual computing system consists of 7 modules of which 5 are geared towards the design of WCDMA and 2 technology for calculation of telephone traffic serving CDMA and WCDMA . It includes a portfolio of radiant systems used on the site. In the virtual operation of the module 1 is compute-: distance frequency reuse, channel capacity with noise and without noise, Doppler frequency, modulation rate and channel efficiency; Module 2 includes computes the cell area, thermal noise, noise power (dB), noise figure, signal to noise ratio, bit of power (dBm); with the module 3 reaches the calculation: breakpoint, processing gain (dB) loss in the space of BTS, noise power (w), chip period and frequency reuse factor. Module 4 scales effective radiated power, sectorization gain, voice activity and load effect. The module 5 performs the calculation processing gain (Hz / bps) bit time, bit energy (Ws). Module 6 deals with the telephone traffic and scales 1: traffic volume, occupancy intensity, average time of occupancy, traffic intensity, calls completed, congestion. Module 7 deals with two telephone traffic and allows calculating call completion and not completed in HMM. Tests were performed on the mobile network performance field for the calculation of data relating to: CINP , CPI , RSRP , RSRQ , EARFCN , Drop Call , Block Call , Pilot , Data Bler , RSCP , Short Call, Long Call and Data Call ; ECIO - Short Call and Long Call , Data Call Troughput . As survey were conducted surveys of electric and magnetic field in an ERB , trying to observe the degree of exposure to non-ionizing radiation they are exposed to the general public and occupational element. The results were compared to permissible values for health endorsed by the ICNIRP and the CENELEC .

La loi applicable aux transferts de biens virtuels

Thèse réalisée en cotutelle avec l'université Paris1-Sorbonne

Teoretycznoprawne aspekty operacjonalizacji ochrony praw człowieka w państwie z perspektywy globalnego systemu prawa (Zarys problematyki)

The article is devoted to the presentation of the outline of the concept of operationalization of human rights taking place in the states involved in the system of international protection of those rights. The concept of operationalization of protection is a collective term for a series of processes that lead to the establishment of legal provisions protecting human rights, and to transfer this abstract construct to specific societies. It includes both the decision-making processes of extralegal (uprising idea, its conceptualization, social issues and change the perception of axiology of society, cultural aspects) and legal (lawmaking and law application processes in the aspect of human rights and the impact of international institutions on them) character. The essence of the process of operationalization is providing effective protection of human rights in a state. The concept is set primarily on the consequences of membership of Poland in the system of the Council of Europe.

La loi applicable aux transferts de biens virtuels

Thèse réalisée en cotutelle avec l'université Paris1-Sorbonne

La migración infantil indocumentada de Centroamérica, un desafío a la reformulación de la política migratoria de Estados Unidos. Estudio de caso de Honduras (2010-2014)

El siguiente estudio de caso analiza la influencia de la llegada de la migración infantil indocumentada centroamericana en la reformulación de la política migratoria de Estados Unidos en el período 2010-2014. Enfocándose en el caso de Honduras para dar a conocer y analizar las causas que crean las dinámicas migratorias por parte de los menores, este trabajo analiza como la llegada de estas poblaciones genera ciertos efectos en el proceso de toma de decisión de las políticas internas de los Estados Unidos. Por un lado, para resaltar las características del fenómeno migratorio, se utilizan las teorías de redes sociales y la teoría push and pull. Por otro, mediante los conceptos de Sensibilidad y Vulnerabilidad expuestos en la teoría de la Interdependencia Compleja de las Relaciones Internacionales, como también el concepto de Seguridad Societal propuesto por Barry Buzan se estudia el nivel de influencia del fenómeno infantil en el gobierno norteamericano.

A comparison of model laws as a starting point for the development of an enforceable international consumer protection regime

This article is concerned primarily with an examination and comparison of select aspects of the model international consumer protection laws proposed by the United Nations (UN), the European Union (EU), and the Organisation for Economic Co-operation and Development (OECD), using the Trade Practices Act 1974 (Australia) as a basis for examination and comparison. As a secondary consideration, it also broadly examines the content of, and differences between, the model laws. The motive for this article is that any future enforceable international consumer protection regime (possibly in the form of an international treaty or convention) would need to take into account the UN, EU and OECD guidelines. A cross-comparison of those model laws, and a comparison of them with the consumer protection provisions of a well established national consumer protection law, should provide a useful starting point for the development of such a regime. The 'select aspects' of the model laws in question are the various provisions of those laws which could relate to situations involving the wrong delivery or non-delivery of goods.

Uprootedness and the protection of migrants in the International Law of Human Rights

The article attempt to demonstrate the evolution of international law in connected to the subject of the forced immigrants'. The author supported by several texts, cases and resolutions of the regional level, through interamerican court and European court, and the global level, through the international court. It's shown the evolution that occurred in international law in millennium turn over, which recognize the immigrants' rights. However, it's stressed the necessity of the development of those laws connected to the theme e the recognition, from the States; the importance of law's that effort to ensure the respect to human rights relative to the immigrants and their families.

Employment Protection, International Specialization, and Innovation

We develop a model to analyse the implications of firing costs on incentives for R&D and international specialization. The Key idea is paying the firing cost, the country with a rigid labor market will tend to produce relatively secure goods, at a late stage of their product life cycle. Under international trade, an international product cycle emerges where, roughly, new goods are first produced in the low firing cost country will specialize in 'secondary innovations', that is, improvements in existing goods, while the low firing cost country will more specialize in 'primary innovation', that is, invention of new goods.

Employment protection, international specialization and innovation

We develop a model to analyse the implications of firing costs on incentivesfor R&D and international specialization. The Key idea is paying the firingcost, the country with a rigid labor market will tend to produce relativelysecure goods, at a late stage of their product life cycle.Under international trade, an international product cycle emerges where,roughly, new goods are first produced in the low firing cost country willspecialize in 'secondary innovations', that is, improvements in existinggoods, while the low firing cost country will more specialize in 'primaryinnovation', that is, invention of new goods.