In Search for the European solidarity: The rule of law within the European Union in the framework of constitutional pluralism

The dissertation examines the rule of law within the European Union in the theoretical framework of constitutional pluralism. The leading lines of constitutional pluralism are examined with relation to the traditional and prevailing, monistic and hierarchical conceptions on how to perceive legal orders in Europe. The theoretical part offers also historical perspective by highlighting some of the turning points for the Union constitutional legal order in the framework of European integration. The concept of rule of law is examined in legal terms and its meaning to the Union constitutional constellation as a constitutional principle and a common value is observed. The realization of the rule of law at supranational and national level is explored with a view to discover that recent developments in some of the Member States give rise to concern about the viability of the rule of law within the European Union. It is recognized that the inobservance of the rule of law at national level causes a threat to the supranational constitutional legal order. The relationship between the supranational and national legal orders is significant in this respect and therefore particularly the interaction between the Court of Justice of the European Union (hereinafter the ECJ) and the Member States’ (constitutional/supreme) courts takes focus. It is observed that functioning dialogue between the supranational and national courts based on mutual respect and judicial deference is an important prerequisite for the realization of the rule of law within Europe. In order to afford a concrete example, a recent case C-62/14 Gauweiler v Deutscher Bundestag is introduced and analysed in relation to the notorious relationship between the Federal Constitutional Court of Germany and the ECJ. The implications of the ECJ’s decision in Gauweiler v Deutscher Bundestag is assessed with reference to some of the pressing issues of constitutionalism within Europe and some institutional aspects are also brought forward. Lastly, the feasibility of constitutional pluralism as a theoretical setting is measured against the legal reality of today’s Europe and its many constitutions. The hierarchical idea of one ultimate source of power, stemming from the traditional approaches to legal systems, is then assessed with relation to the requirement of the realization of the rule of law within the European Union from the supranational and national point of view.

Scouring uncharted waters – managing outbound open innovation in maritime industry

This thesis discusses the unexplored opportunities of open innovation, with a special focus on outbound open innovation. The extant literature indicates that the field of outbound open innovation still lacks of research, and especially the managerial issues lack of practicality. Also, the applicability to SME’s and traditional fields has been argued. The purpose of this study is to investigate how the outbound open innovation activities can be managed in maritime industry. By combining existing literature from the field of open innovation and innovation management, this study suggests first a theoretical management model, and contributes how it can be applied to industry- and company specifics; and then develops a practical model by constructing from the case company’s current management processes. As a result, the study synthesises a theoretical model of how the outbound open innovation activities can be managed. This model positions the outbound open innovation activities, the theoretical concepts found from the literature review, R&D processes, and the outbound open innovation implementation stages identified by previous research; and thus responses the need for practical steps for any company planning outbound open innovation activities. Practical tool for managers is also provided by identifying issues that are applied to industry- and company specifics. Then, open-ended case study questions are formulated accordingly and expert interviews selected by chain referral sampling, are conducted. Interviews provide information for the current management processes. By identifying the best practices and main challenges it is possible to outline and evaluate current outbound open innovation management processes and strategic choices in it. The researcher considers also the networks and their spheres of influences for the actors, activities and resources in the processes. Thus, the study provides a novel approach, and practical tools for the researchers and practioners in the field of open innovation. All in all, the study has come up that outbound open innovation is applicable to maritime industry; and the case company indeed has perfected its processes as cost-effective as possible, and so found its balance between the costs and benefits. However, several issues for future development are pointed out, and the study offers proposals for theory building. Findings are piloting in kind, but provide several theoretical and managerial implications, and reveal new research needs for the field.

Parental and Successor Liability in EU Competition Law Infringements

Under EU competition law, parent companies may be held jointly and severally liable for the competition law infringements committed by their subsidiaries. The possibility of holding parent companies liable demonstrates a significant exception from the idea of separate legal entities. However, it is not the only deviation developed under EU competition law. In cases, where the legal entity responsible for the anti-competitive conduct has changed its form, liability can be attributed to the new operator, in particular, to its successor. The principles of legal certainty and legitimate expectations are issues that surround the doctrines of parental and successor liability. The aim of this thesis is to present a comprehensive comparative analysis of the parental and successor liability doctrines and to clarify the conditions under which it is possible to attribute liability for the infringements of EU competition law. The main purpose is therefore to demonstrate the problems related to the allocation of liability and to discuss whether these liability principles, established to assure the effective enforcement of the EU competition rules, are good solutions. The research methods used in this thesis are the legal dogmatic approach and the comparative law approach. The former enables the possibility of using the case law and legislation as a framework in which the difficulties concerning the application of parental and successor liability can be discussed while the latter ensures the comparison of the characteristics and judgments. The doctrines of parental and successor liability are both well established, but the application practice has caused several difficulties. These problems derive from, inter alia, the broadness and disjointed developed of the doctrines. There has been much recent case law dealing with these issues and having the potential to open up a considerable risk and to allocate strict liability for parent and successor companies.

Yhteistyön ongelmat kahden oppilaitoksen välillä – Case: Kotka Maritime Centre

Tämän tutkimuksen tarkoituksena oli selvittää kahden oppilaitoksen, Kymenlaakson ammattikorkeakoulun ja Etelä-Kymenlaakson ammattiopiston merenkulkualan koulutusten, välisiä yhteistyöongelmia. Tutkimus rajattiin koskemaan täydennyskoulutus- ja simulaattorikeskusyhteistyön ongelmia. Yhteistyössä oli todettu olevan ongelmia, ja tutkimuksella selvitettiin ongelmat ja luotiin toimenpide-ehdotuksia ongelmien ratkaisemiseksi. Tutkimus toteutettiin puolistrukturoiduin haastatteluin, johon haastateltiin yhteensä 22 henkilöä molemmista oppilaitoksista. Tutkimuksen runko luotiin teoreettisen viitekehyksen mukaisesti organisaatioiden välisen yhteistyön elementeistä. Haastattelujen analysoinnissa käytettiin sisällönanalyysiä. Tutkimuksen perusteella löydettiin useita ongelmia yhteistyössä. Kolme keskeisintä ongelmaa olivat henkilösuhteissa esiintynyt luottamuspula ja henkilökemiat, johtamisen puute sekä roolien ja työtehtävien epäselvyys. Työtä ongelmien korjaamiseksi tulee olemaan, mutta ne ovat ratkaistavissa luomalla tarkemmat suuntaviivat yhteistyölle ja lisäämällä vuorovaikutusta kokoontumisten avulla. Molemmilla oppilaitoksilla oli tulevaisuuteen tähtäävä näkemys yhteistyön lisäämisestä ja kehittämisestä.

Finnish Maritime Personnel's Conceptions on Safety Management and Safety Culture

The purpose of this thesis is to explore Finnish maritime personnel’s conceptions of safety management and its relationship with the concept of safety culture. In addition, the aim is to evaluate the impact of the ISM Code on the prevailing safety culture in the Finnish shipping business. A total of 94 interviewees and seven Finnish shipping companies were involved in this study. Thematic interviews were applied as the main research method for the study. The results were analysed qualitatively. The results indicate that maritime safety culture can simultaneously demonstrate features of integration, differentiation and ambiguity. Basically, maritime personnel have a positive attitude towards safety management systems since they consider safety management beneficial and essential in general. However, the study also found considerable criticism among the interviewees. The interviewed maritime personnel did not criticise the ISM Code as such, yet they criticised the way the ISM Code has been applied in practise. In order to understand the multiple perspectives of safety culture more comprehensively, multiple theoretical perspectives and methodological approaches are needed. This study indicates that safety culture and the impacts of the ISM Code should not be unambiguously studied solely quantitative methods or qualitative methods. By examining safety culture from several methodological and theoretical perspectives, one may gain a more versatile and holistic overview of safety culture.

Annales du sauvetage maritime

1915/07/01 (A50)-1915/12/31.

Annales du sauvetage maritime

1912/10 (A47,T47,FASC4)-1912/12.

Annales du sauvetage maritime

1899 (ANNUAIRE).

Annales du sauvetage maritime

1911/04 (A46,T46,FASC2)-1911/06.

Annales du sauvetage maritime

1913/07 (A48,T48,FASC3)-1913/09.

Annales du sauvetage maritime

1900/04 (A35,T35,FASC2)-1900/06.

Annales du sauvetage maritime

1916/07/01 (A51)-1916/12/31.

Annales du sauvetage maritime

1925/01 (A60)-1925/06.

Annales du sauvetage maritime

1935/01/01-1935/06/30.

Annales du sauvetage maritime

1908/01 (A43,T43,FASC1)-1908/03.