THE ROLE OF THE NATIONAL JUDGE IN EUROPEAN STATE AIDS SECTOR

The article analyses the role and powers of the national judge in the context of State Aids litigation in light of the EU Commission＇s policy adopted in 2009. By analysing the EU Commission＇s policy designed to stimulate the interest of privates to claim judicial protection in front of the national Judge and the judgements of the European Court of Justice, the paper illustrates benefit and problems arising from the enforcement of EU Law in the domestic courts. The paper is focused on the role of the national judge in European state aids sector analyzing the state aids from the national Judge＇s perspective. It is highlighted that the judicial tools are available for the national judge to address the EU Commission and the EU Courts in order to receive support, if needed. Considering that the national Judge cannot analyse State aid＇s compatibility with the EU market-- because this competence belongs only to the EU Commission--it is of the outmost importance that the national judiciary is aware of its role. The EU jurisprudence illustrates that control of legitimacy operated by the Commission and the formal control operated by the national Judge are separate, but complementary to each other. The intervention of the national Judge is to reduce the anti-competitive effect of illegal supports supplied. The role of the national Judge appears very large as he enjoys some precautionary duties--such as the interruption of the aid＇s allocation and the revocation of it--and some curative duties--as the compensation for damages condemning the Member State or the beneficiary.     

Animals In Law: Introduction

This essay opens the Special Issue of the International Journal for the Semiotics of Law dedicated to Animality, entitled “Animals in Law”. It focuses on revealing the principal issues faced in the volume, by positioning the contributors’ works into the general theoretical perspectives which shape the social discourse over animals.     

Long-distance nationalism and belonging in the Libyan diaspora (1969–2011)

ABSTRACT

The article explores the significance of the Libyan diaspora for the politics of the homeland and for nation-building in Libya before the 2011 revolution. The focus is on the migratory flows of Libyan nationals from Libya that resulted in the formation of the Libyan diaspora between 1969 and 2011. The historical analysis of the migratory flows, with a focus on long-distance nationalism projects enacted by opposition groups in exile, is combined with the empirical analysis of the micro-interactional social mechanisms at work in the diaspora that suffuse the everyday lives of individuals. The historical and empirical analysis of the case of the Libyan diaspora provides an opportunity to unpack the mutually constitutive relationship between concepts of nation, nation-state, nationalism and belonging in the context of transnational processes in the twenty-first century.     

The role of individual differences in understanding and predicting workplace safety

While U.S. colleges and universities ponder their mission, vision, values, and virtues, researchers at a large, urban, Catholic, patron-identity university actively engaged in empirical assessments of “who we say we are.” In this themed issue, faculty, undergraduate, and graduate students are a research team engaged in quantitative and qualitative analysis of their school's mission identity and mission-driven activities. Results from several sets of studies around student perceptions and impact of mission are presented and discussed. School administrators and those interested in community engagement impacts on students may find these articles useful and informative.     

Criminal Theory and Critical Theory: Husak in the Age of Abolition

Law and Philosophy - Political theorists imagine a world without government (“a state of nature”) in order to assess the legitimacy of existing states. Some thinkers, such as...     

Forensic implications of respiratory derived blood spatter distributions

The nature of blood aerosols produced in physiological studies of an upright subject expiring small volumes through straws, spitting and mouthing sounds, and a semi-prone subject spitting through a bloody mouth or snorting through a single nasal orifice and by a simplified physical model of the respiratory system were investigated. Each manoeuvre produced many hundreds of droplets of a range of size, the vast majority being less than 1mm diameter. Droplets under 1mm dia. travelled over 1m - much further than could be expected if their flight was ballistic, like that of impact spatter. Respired blood aerosol properties are explained in terms of established mechanics of airflow shear induced aerosol production and the fluid mechanics of exhaled air movement.