321 resultados para Insider
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Proyecto Insider
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The aim of this paper is to analyse the proposed Directive on criminal sanctions for insider dealing and market manipulation (COM(2011)654 final), which represents the first exercise of the European Union competence provided for by Article 83(2) of the Treaty on the Functioning of the European Union. The proposal aims at harmonising the sanctioning regimes provided by the Member States for market abuse, imposing the introduction of criminal sanctions and providing an opportunity to critically reflect on the position taken by the Commission towards the use of criminal law. The paper will discuss briefly the evolution of the EU’s criminal law competence, focusing on the Lisbon Treaty. It will analyse the ‘essentiality standard’ for the harmonisation of criminal law included in Article 83(2) TFEU, concluding that this standard encompasses both the subsidiarity and the ultima ratio principles and implies important practical consequences for the Union’s legislator. The research will then focus on the proposed Directive, trying to assess if the Union’s legislator, notwithstanding the ‘symbolic’ function of this proposal in the financial crisis, provides consistent arguments on the respect of the ‘essentiality standard’. The paper will note that the proposal raises some concerns, because of the lack of a clear reliance on empirical data regarding the essential need for the introduction of criminal law provisions. It will be stressed that only the assessment of the essential need of an EU action, according to the standard set in Article 83(2) TFEU, can guarantee a coherent choice of the areas interested by the harmonisation process, preventing the legislator to choose on the basis of other grounds.
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v. 1. Diagnosing management problems -- v. 2. Analysis guides.
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This paper is about care, insider positions and mothering within feminist research. We ask questions about how honest, ethical and caring can we really be in placing the self into the research process as mothers ourselves. Should we leave out aspects of the research that do not fit neatly and how ethical can we claim to be if we do? Moreover, should difficult differences, secrets and silences that emerge from the research process and research stories that might 'out' us as failures be excluded from research outcomes so as to claim legitimate research? We consider the use of a feminist methods as crucial in the reciprocal and relational understanding of personal enquiry. Mothers invest significant emotional capital in their families and we explore the blurring of the interpersonal and intrapersonal when sharing mothering experiences common to both participant and researcher. Indeed participants can identify themselves within the process as 'friends' of the researcher. We both have familiarity within our respective research that has led to mutual understanding of having insider positions. Crucially individuals' realities are a vital component of the qualitative paradigm and that 'insider' research remains a necessary, albeit messy vehicle in social research. As it is we consider a growing body of literature which marks out and endorses a feminist ethics of care. All of which critique established ways of thinking about ethics, morality, security, citizenship and care. It provides alternatives in mapping private and public aspects of social life as it operates at a theoretical level, but importantly for this paper also at the level of practical application.
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