This article relies on the premise that to understand the significance of Open Access Repositories (OARs) it is necessary to know the context of the debate. Therefore, it is necessary to trace the historical development of the concept of copyright as a property right. The continued relevance of the rationales for copyright interests, both philosophical and pragmatic, will be assessed against the contemporary times of digital publishing. It follows then discussion about the rise of Open Access (OA) practice and its impact on conventional publishing methods. The present article argues about the proper equilibrium between self-interest and social good. In other words, there is a need to find a tool in order to balance individuals’ interests and common will. Therefore, there is examination of the concept of property that interrelates justice (Plato), private ownership (Aristotle), labour (Locke), growth of personality (Hegel) and a bundle of rights that constitute legal relations (Hohfeld). This examination sets the context for the argument. |
Search result: 8 articles
Year 2019 xArticle |
|
Journal | Erasmus Law Review, Issue 2 2019 |
Keywords | property, intellectual creation, open access, copyright |
Authors | Nikos Koutras |
AbstractAuthor's information |
Case Reports |
2019/41 A question of age discrimination (NL) |
Journal | European Employment Law Cases, Issue 4 2019 |
Keywords | Age discrimination |
Authors | Claire Huijts |
AbstractAuthor's information |
The Supreme Court found that the Court of Appeal did not properly examine whether the difference of treatment of employees based on a social plan may be justified. |
Article |
An Important Planning Instrument: Strategic Environmental Assessment (EU Directive 2001/42). |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2019 |
Keywords | environmental impact assessment, Directive 2001/42, strategic planning, assessment of plans, environmental report |
Authors | Ludwig Krämer |
AbstractAuthor's information |
Directive 2001/42 requires the elaboration of an environmental impact assessment, before certain national, regional or local plans or programs related to the environment are adopted. The paper presents the content of the Directive and summarizes the case-law of the CJEU on the Directive. Furthermore, it raises a number of legal questions hitherto left undiscussed by the European courts. |
Case Reports |
2019/30 The religious ethos and differences of treatment in employment on grounds of belief (EU) |
Journal | European Employment Law Cases, Issue 3 2019 |
Keywords | Religious discrimination |
Authors | Andrzej Marian Świątkowski |
AbstractAuthor's information |
The author discusses the recent ECJ judgments in the cases Egenberger and IR on religious discrimination. |
Article |
Split Offer and Homogeneous Response in BelgiumThe Conceptual and Empirical Limitations of (De)Nationalization |
Journal | Politics of the Low Countries, Issue 2 2019 |
Keywords | (de-)nationalization, voting behaviour, party offer, voter response, methodological nationalism |
Authors | Luana Russo, Kris Deschouwer and Tom Verthé |
AbstractAuthor's information |
By examining the Belgian case, this article aims to show that methodological nationalism is strongly present in the literature on nationalization of party offer and voting behaviour. In nationalization studies, Belgium is often presented as a typical example of a denationalized country. This is true for the party offer, as it is de facto split between the two language groups since the 1980s, and therefore also voter response at the national level. However, voter response within each separate subnational party system is very homogeneous and shows interesting differences between these party systems that inform us about important electoral dynamics. We argue, on the basis of our results, that rather than stretching the concept of nationalization, it is preferable and justified to treat the concepts of nationalization of the party offer and homogenization of voter response as analytically distinct and not as two sides of the same coin. |
Article |
Constitutional Narcissism on the Couch of PsychoanalysisConstitutional Unamendability in Portugal and Spain |
Journal | European Journal of Law Reform, Issue 3 2019 |
Keywords | unamendable/ eternity clauses, de jure and de facto constitutional change, constitutional narcissism, foundational design, helicopter founding fathers, constitutional alma mater |
Authors | Catarina Santos Botelho |
AbstractAuthor's information |
Comparing the Portuguese Constitution, which has the longest unamendable clause in the world, with the silence of the Spanish Constitution regarding the language of eternity is indeed a fascinating exercise. Each state’s quantum of constitutional change seems to be quite different. One can wonder how two neighbouring states that share a heavy history of right-wing dictatorships and transitioned to democracy forty years ago opted for such dissimilar constitutional designs. However, appearances are often misleading, and an effort should be done to unveil this curious mismatch. |
Article |
|
Journal | European Journal of Law Reform, Issue 3 2019 |
Keywords | constitutional amendments, constitutional law, constitutional politics, constitutionalism, entrenchment clauses, eternity clauses |
Authors | Michael Hein |
AbstractAuthor's information |
‘General entrenchment clauses’ are constitutional provisions that make amendments to certain parts of a constitution either more difficult to achieve than ‘normal’ amendments or even impossible, i.e., legally inadmissible. This article examines the origins of these clauses during the American Revolution (1776-77), their migration to the ‘Old World’, and their dissemination and differentiation on the European continent from 1776 until the end of 2015. In particular, the article answers three questions: (1) When, and in which contexts, did general constitutional entrenchment clauses emerge? (2) How have they migrated to and disseminated in Europe? (3) Which constitutional subjects do such clauses protect, and thus, which main functions do they aim to fulfil? |
Article |
Better Regulation and Post-Legislative Scrutiny in the European Union |
Journal | European Journal of Law Reform, Issue 2 2019 |
Keywords | parliaments, post-legislative scrutiny, better regulation, European Union, legislation, regulation, democracy |
Authors | Davor Jancic |
AbstractAuthor's information |
This article analyses the manner in which the EU’s Better Regulation Agenda impacts pre-legislative and post-legislative scrutiny by national parliaments, as two important dimensions of their function of democratic control over EU decision making. To this end, the article critically assesses the institutional arrangements and procedures foreseen under the Commission’s 2015 Better Regulation package and examines the 2017 review of the Better Regulation Agenda, which is a fresh push towards its enhancement. The article is structured as follows. After an overview of the legal grounding and evolution of better regulation in EU law, the analysis surveys the implications for parliaments of the Juncker Commission’s package of reforms, which are laid out in a Communication and implemented through a set of guidelines, a refurbished toolbox for practitioners, a revised Regulatory Fitness and Performance Programme (REFIT), and an Interinstitutional Agreement on Better Lawmaking adopted in 2016. On this basis, the article discusses post-legislative scrutiny of EU legislation on its own merits as well as from the perspective of its relationship with pre-legislative scrutiny. The latter is important since it is the most efficient way for parliaments to influence the contents of EU policies. The article concludes that the Better Regulation Agenda maintains the status quo in domestic parliamentary participation in EU affairs and misses the opportunity to fortify the latter’s European embeddedness. |