913 resultados para Fundamental rights. Democratic state law. The company claim punitive. Excess. Failure


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Universidad de Las Palmas de Gran Canaria. Facultad de Ciencias del Mar. Trabajo Fin de Título para la obtención del Graduado en Ciencias del Mar ; 2013-2014

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This study deals with the protection of social rights in Europe and aims to outline the position currently held by these rights in the EU law. The first two chapters provide an overview of the regulatory framework in which the social rights lie, through the reorganisation of international sources. In particular the international instruments of protection of social rights are taken into account, both at the universal level, due to the activity of the United Nations Organisation and of its specialized agency, the International Labour Organization, and at a regional level, related to the activity of the Council of Europe. Finally an analysis of sources concludes with the reconstruction of the stages of the recognition of social rights in the EU. The second chapter describes the path followed by social rights in the EU: it examines the founding Treaties and subsequent amendments, the Charter of Fundamental Social Rights of Workers of 1989 and, in particularly, the Charter of Fundamental Rights of the European Union, the legal status of which was recently treated as the primary law by the Treaty of Lisbon signed in December 2007. The third chapter is, then, focused on the analysis of the substantive aspects of the recognition of the rights made by the EU: it provides a framework of the content and scope of the rights accepted in the Community law by the Charter of Fundamental Rights, which is an important contribution to the location of the social rights among the fundamental and indivisible rights of the person. In the last section of the work, attention is focused on the two profiles of effectiveness and justiciability of social rights, in order to understand the practical implications of the gradual creation of a system of protection of these rights at Community level. Under the first profile, the discussion is focused on the effectiveness in the general context of the mechanisms of implementation of the “second generation” rights, with particular attention to the new instruments and actors of social Europe and the effect of the procedures of soft law. Second part of chapter four, finally, deals with the judicial protection of rights in question. The limits of the jurisprudence of the European Union Court of Justice are more obvious exactly in the field of social rights, due to the gap between social rights and other fundamental rights. While, in fact, the Community Court ensures the maximum level of protection to human rights and fundamental freedoms, social rights are often degraded into mere aspirations of EU institutions and its Member States. That is, the sources in the social field (European Social Charter and Community Charter) represent only the base for interpretation and application of social provisions of secondary legislation, unlike the ECHR, which is considered by the Court part of Community law. Moreover, the Court of Justice is in the middle of the difficult comparison between social values and market rules, of which it considers the need to make a balance: despite hesitancy to recognise the juridical character of social rights, the need of protection of social interests has justified, indeed, certain restrictions to the free movement of goods, freedom to provide services or to Community competition law. The road towards the recognition and the full protection of social rights in the European Union law appears, however, still long and hard, as shown by the recent judgments Laval and Viking, in which the Community court, while enhancing the Nice Charter, has not given priority to fundamental social rights, giving them the role of limits (proportionate and justified) of economic freedoms.

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The surprising discovery of the X(3872) resonance by the Belle experiment in 2003, and subsequent confirmation by BaBar, CDF and D0, opened up a new chapter of QCD studies and puzzles. Since then, detailed experimental and theoretical studies have been performed in attempt to determine and explain the proprieties of this state. Since the end of 2009 the world’s largest and highest-energy particle accelerator, the Large Hadron Collider (LHC), started its operations at the CERN laboratories in Geneva. One of the main experiments at LHC is CMS (Compact Muon Solenoid), a general purpose detector projected to address a wide range of physical phenomena, in particular the search of the Higgs boson, the only still unconfirmed element of the Standard Model (SM) of particle interactions and, new physics beyond the SM itself. Even if CMS has been designed to study high energy events, it’s high resolution central tracker and superior muon spectrometer made it an optimal tool to study the X(3872) state. In this thesis are presented the results of a series of study on the X(3872) state performed with the CMS experiment. Already with the first year worth of data, a clear peak for the X(3872) has been identified, and the measurement of the cross section ratio with respect to the Psi(2S) has been performed. With the increased statistic collected during 2011 it has been possible to study, in bins of transverse momentum, the cross section ratio between X(3872) and Psi(2S) and separate their prompt and non-prompt component.

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In this thesis, my work in the Compact Muon Solenoid (CMS) experiment on the search for the neutral Minimal Supersymmetric Standard Model (MSSM) Higgs decaying into two muons is presented. The search is performed on the full data collected during the years 2011 and 2012 by CMS in proton-proton collisions at CERN Large Hadron Collider (LHC). The MSSM is explored within the most conservative benchmark scenario, m_h^{max}, and within its modified versions, m_h^{mod +} and m_h^{mod -}. The search is sensitive to MSSM Higgs boson production in association with a b\bar{b} quark pair and to the gluon-gluon fusion process. In the m_h^{max} scenario, the results exclude values of tanB larger than 15 in the m_A range 115-200 GeV, and values of tanB greater than 30 in the m_A range up to 300 GeV. There are no significant differences in the results obtained within the three different scenarios considered. Comparisons with other neutral MSSM Higgs searches are shown.

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This thesis presents an analysis for the search of Supersymmetry with the ATLAS detector at the LHC. The final state with one lepton, several coloured particles and large missing transverse energy was chosen. Particular emphasis was placed on the optimization of the requirements for lepton identification. This optimization showed to be particularly useful when combining with multi-lepton selections. The systematic error associated with the higher order QCD diagrams in Monte Carlo production is given particular focus. Methods to verify and correct the energy measurement of hadronic showers are developed. Methods for the identification and removal of mismeasurements caused by the detector are found in the single muon and four jet environment are applied. A new detector simulation system is shown to provide good prospects for future fast Monte Carlo production. The analysis was performed for $35pb^{-1}$ and no significant deviation from the Standard Model is seen. Exclusion limits subchannel for minimal Supergravity. Previous limits set by Tevatron and LEP are extended.

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Market manipulation is an illegal practice that enables a person can profit from practices that artificially raise or lower the prices of an instrument in the financial markets. Its prohibition is based on the 2003 Market Abuse Directive in the EU. The current market manipulation regime was broadly considered as a big success except for enforcement and supervisory inconsistencies in the Member States at the initial. A review of the market manipulation regime began at the end of 2007, which became quickly incorporated into the wider EU crisis-era reform program. A number of weaknesses of current regime have been identified, which include regulatory gaps caused by the development of trading venues and financial products, regulatory gaps concerning cross-border and cross-markets manipulation (particular commodity markets), legal uncertainty as a result of various implementation, and inefficient supervision and enforcement. On 12 June 2014, a new regulatory package of market abuse, Market Abuse Regulation and Directive on criminal sanctions for market abuse, has been adopted. And several changes will be made concerning the EU market manipulation regime. A wider scope of the regime and a new prohibition of attempted market manipulation will ensure the prevention of market manipulation at large. The AMPs will be subject to strict scrutiny of ESMA to reduce divergences in implementation. In order to enhance efficiency of supervision and enforcement, powers of national competent authorities will be strengthened, ESMA is imposed more power to settle disagreement between national regulators, and the administrative and criminal sanctioning regimes are both further harmonized. In addition, the protection of fundamental rights is stressed by the new market manipulation regime, and some measures are provided to guarantee its realization. Further, the success EU market manipulation regime could be of significant reference to China, helping China to refine its immature regime.

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This review summarizes current evidence based on pertinent literature on low-dose computed tomography angiography (CTA) of the body. Various strategies for optimizing CTA protocols with the aim to lower the radiation dose while maintaining the diagnostic accuracy of the examination are summarized. To date, various publications have demonstrated that CTA of the body can be performed at a low radiation dose while providing high quality information. Nevertheless, a number of questions still need to be answered, including the optimal combination of tube voltage and tube current settings, as well as the appropriate protocol parameters in relation to the body physiognomy and the specific body region imaged.

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Semiempirical molecular orbital calculations have been performed for the first step in the alkaline hydrolysis of the neutral benzoylester of cocaine. Successes, failures, and limitations of these calculations are reviewed. A PM3 calculated transition state structure is compared with the PM3 calculated structure for the hapten used to induce catalytic antibodies for the hydrolysis of cocaine. Implications of these calculations for the computer–aided design of transition state analogs for the induction of catalytic antibodies are discussed.

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Examining congressional superdelegate endorsements in the 2008 Democratic presidential nomination, the authors show that changes in the political context affected the balance of factors in members’ decisions to endorse Clinton or Obama. Specifically, the national standing of the candidates became increasingly important—and local opinion less important—to Obama endorsements even as constituency views became a stronger influence over Clinton endorsements. The findings reveal how constituency considerations affect the elite endorsement choices that shape the presidential nominating process. In addition, the analysis highlights the ways in which members of Congress balance conflicting considerations in a changing political context when an issue plays out over an extended period.

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Examining congressional superdelegate endorsements in the 2008 Democratic presidential nomination, the authors show that changes in the political context affected the balance of factors in members' decisions to endorse Clinton or Obama. Specifically, the national standing of the candidates became increasingly important-and local opinion less important-to Obama endorsements even as constituency views became a stronger influence over Clinton endorsements. The findings reveal how constituency considerations affect the elite endorsement choices that shape the presidential nominating process. In addition, the analysis highlights the ways in which members of Congress balance conflicting considerations in a changing political context when an issue plays out over an extended period.