Search results for: European Research Council

Authors: Liav Orgad

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This article challenges one of the most fundamental propositions in the democratic theory that the majority culture is protected merely by the forces of democracy and thus needs no special legal protection. By describing changes in the patterns of migration to Europe, in the face of the European society, and in the world as a whole, the Article demonstrates that the majority culture is no longer automatically protected by the forces of democracy. It claims that the changing reality is not adequately addressed by political theory and human rights law and advances the promotion of a new concept—'cultural majority rights'.

Keywords: European migration, European demography, democratic theory, majority rights, integration

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Authors: Revaz Tabatadze

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This research aims to describe and analyze the intricacies of curriculum development within the broader context of general education reforms undertaken in Eastern European Countries. Importantly, this study is the first of its kind, examining Georgian and Ukrainian National Curriculum documents locally and internationally. The significance of this research lies in its potential to guide the Ministry of Education and Science of the mentioned countries in revising existing curriculum documents to address contemporary challenges in general education. The findings will not only benefit post-Soviet countries but also offer insights for nations facing curriculum development and effectiveness issues. By examining the peculiarities of curriculum development amid globalization, this research aims to contribute to overcoming educational challenges at both local and international levels. This study defines key concepts related to curriculum, distinguishing between intended, implemented, and attained curricula. It also explores the historical context of curriculum development in Georgia and Ukraine from 1991 to 2021, highlighting changes in teacher standards and teacher certification examinations. The literature review section emphasizes the importance of curriculum development as a complex and evolving process, especially in the context of globalization. It underscores the need for a curriculum that fosters critical thinking, problem-solving, and collaboration skills in students. In summary, this research offers a comprehensive examination of curriculum development in Georgia and Ukraine, shedding light on the challenges and opportunities in the age of globalization, with potential implications for educational systems worldwide.

Keywords: curriculum development, general education reforms, eastern European countries, globalization in education

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Authors: Achilles Kameas, Eleni Georgakakou, Anna Lisa Amodeo, Aideen Quilty, Aisling Malone, Roberta Albertazzi, Moises Carmona, Concetta Esposito, Ruben David Fernandez Carrasco, Carmela Ferrara, Francesco Garzillo, Mojca Pusnik, Maria Cristina Scarano

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While researchers, especially in academia, study and research the phenomena of inclusion of sexual minority and gender marginalized groups, seldom the European Higher Education Institutions (HEI) act on lowering the cultural and educational barriers to their proactive inclusion. The challenge in European HEIs is that gender, and sexual orientation discrimination remains an issue not adequately addressed. Following a mixed methods research design of quantitative and qualitative research techniques and tools, which is applied in five (5) European countries (Italy, Greece, Ireland, Slovenia, and Spain) and that combines desk research, evaluation, and weighting processes for a Matrix-based on Objective indicators and Survey for students and staff of the HEI to gauge the perception of inclusiveness in the HEI context, XENIA HEI Inclusiveness Index is an instrument that will allow universities to gauge and assess their inclusiveness in the domain of discrimination and exclusion based on gender identity and sexual orientation. The index will allow capturing the depth and reach of policies, programmes, and initiatives of HEIs in tackling the phenomena and dynamics of exclusion of LGBT+ (lesbian, gay, bisexual, trans, and other marginalized groups on the basis of gender and sexual identity) and cisgender women exposed to the risk of discrimination.

Keywords: gender identity, higher education, LGBT+ rights, XENIA inclusiveness index

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Authors: Craig Wight

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This presentation will identify the key findings from a recent netnographic discourse analysis of social media content generated in response to visits to three iconic European Holocaust Heritage sites: Ann Frank’s House in Amsterdam, the Netherlands, the Auschwutz-Birkenau Memorial Museum and Memorial in Poland, and the Jewish Museum in Berlin, Germany. Four major discourses are identified under the headings of Holocaust heritage as social memory, reactions to Holocaust heritage, obligation and ritual, and transgressive visitor behaviour. Together, these discourses frame the values, existential anxieties, emotions, priorities, and expectations of visitors. The findings will interest those involved in the planning and management of Holocaust heritage for tourism purposes since they provide unique access to an archive of unmediated visitor feedback on European Holocaust heritage experiences.

Keywords: foucault, european holocaust heritage, discourse analysis, netnography, social media, dark tourism

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Authors: Francesco Paolone

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This paper investigates the role of Operating Cash Flow (OCF) and accruals in firm valuation analyzing financial statement information from the largest European companies and evaluating their relation to firm market value. Using a dataset of 500 largest European companies in 2018, the study investigates the relative value-relevance of equity, net income and operating cash flow (OCF). Findings show that the cash flow measure has the same explanatory power and intensity as equity and earnings to explain the market value. This study contributes to the debate on the value relevance of OCF incremental to book value and earnings. It also extends the literature, showing that OCF has information content (value relevance) superior to earnings and book value in the main European markets (Bepari et al., 2013). Finally, the study provides a support that accounting method choice may confuse investors, who have reduced confidence in accounting earnings and book value; in other words, nowadays European investors rely more on cash flows instead of accruals numbers.

Keywords: Cash Flow Statement, Value Relevance, Accounting, Financial Statement Analysis

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Authors: Anand K. Patel

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Background: Patients with COPD have decreased pulmonary functions, which in turn reflect on their day-to-day activities. Objectives: To assess the correlation between functional vital capacity (FVC) and forced expiratory volume in one second (FEV1) with 6 minutes walk test (6MWT). To correlate the Borg rating for perceived exertion scale (Borg scale) and Modified medical research council (MMRC) dyspnea scale with the 6MWT, FVC and FEV1. Method: In this prospective study total 72 patients with COPD diagnosed by the GOLD guidelines were enrolled after taking written consent. They were first asked to rate physical exertion on the Borg scale as well as the modified medical research council dyspnea scale and then were subjected to perform pre and post bronchodilator spirometry followed by 6 minute walk test. The findings were correlated by calculating the Pearson coefficient for each set and obtaining the p-values, with a p < 0.05 being clinically significant. Result: There was a significant correlation between spirometry and 6MWT suggesting that patients with lower measurements were unable to walk for longer distances. However, FVC had the stronger correlation than FEV1. MMRC scale had a stronger correlation with 6MWT as compared to the Borg scale. Conclusion: The study suggests that 6MWT is a better test for monitoring the patients of COPD. In spirometry, FVC should be used in monitoring patients with COPD, instead of FEV1. MMRC scale shows a stronger correlation than the Borg scale, and we should use it more often.

Keywords: spirometry, 6 minute walk test, MMRC, Borg scale

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Authors: Norbert Tribl

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European contemporary scientific public opinion considers the concept of constitutional identity as a highlighted issue. Some scholars interpret the matter as the manifestation of a conflict of Europe. Nevertheless, constitutional identity is a bridge between the Member States and the EU rather than a river that will wash away the achievements of the integration. In accordance with the opinion of the author, the main problem of constitutional identity in Europe is the undetermined nature: the exact concept of constitutional identity has not been defined until now. However, this should be the first step to understand and use identity as a legal institution. Having regard to this undetermined nature, the legal-theoretical examination of constitutional identity is the main purpose of this study. The concept of constitutional identity appears in the Anglo-Saxon legal systems by a different approach than in the supranational system of European Integration. While the interpretation of legal institutions in conformity with the constitution is understood under it, the European concept is applied when possible conflicts arise between the legal system of the European supranational space and certain provisions of the national constitutions of the member states. The European concept of constitutional identity intends to offer input in determining the nature of the relationship between the constitutional provisions of the member states and the legal acts of the EU integration. In the EU system of multilevel constitutionalism, a long-standing central debate on integration surrounds the conflict between EU legal acts and the constitutional provisions of the member states. In spite of the fact that the Court of Justice of the European Union stated in Costa v. E.N.E.L. that the member states cannot refer to the provisions of their respective national constitutions against the integration. Based on the experience of more than 50 years since the above decision, and also in light of the Treaty of Lisbon, we now can clearly see that EU law has itself identified an obligation for the EU to protect the fundamental constitutional features of the Member States under Article 4 (2) of Treaty on European Union, by respecting the national identities of member states. In other words, the European concept intends to offer input for the determination of the nature of the relationship between the constitutional provisions of the member states and the legal acts of the EU integration.

Keywords: constitutional identity, EU law, European Integration, supranationalism

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Authors: Noemi Bessa Vilela

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The citizenship of the European Union nowadays established under article 20/1 of the Treaty on the Functioning of the European Union has been a hallmark of the EU’s political integration since the adoption of the Maastricht Treaty. Initially received with some doubt regarding what it would mean to be a European citizen, and what would happen to individual national citizenships, the Union’s citizenship appears to have been relegated at present times to a secondary position in relation to other, more pressing, economic and market policies. Notwithstanding the veritable myriad of specific rights and freedoms attributed to citizens of the Union, it is not hard to understand that, given the importance of citizenship as a true cohesion policy at its core, somewhere along the way the Union has failed in its mission of giving its citizens a feeling of European identity, along with the values it so bravely wants to defend and promote. In fact, notwithstanding the ever-so-permanent presence of the blue and yellow flag next to national flags, and the elections to European Parliament, most citizens have no idea of the relevance of EU law as an integral part of their legal heritage. In fact, it is safe to state, while the majority of traveling nationals are aware of i.e. their right to freely move in between Member-States, most overlook the fact that this is a result of their status as EU citizens. We have now arrived at a crossroad between accepting the law as it is, or to create new possibilities. The question raised is whether the citizens of UK may, or may not, and shall or shall not, keep the EU citizenship.

Keywords: Brexit, democracy, EU citizenship, EU law, TFUE

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Authors: Cosmas Nathanailides, Fotini Kakali, Kostas Karipoglou

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The filleting yield and the chemical composition of farmed sea bass (Dicentrarchus labrax); rainbow trout (Oncorynchus mykiss) and meagre (Argyrosomus regius) was investigated in farmed fish in NW Greece. The results provide an estimate of the quantity of fish required to produce one kilogram of fillet weight, an estimation which is required for the operational management of fish processing companies. Furthermore in this work, the ratio of feed input required to produce one kilogram of fish fillet (FFCR) is presented for the first time as a useful indicator of the ecological footprint of consuming farmed fish. The lowest lipid content appeared in meagre (1,7%) and the highest in trout (4,91%). The lowest fillet yield and fillet yield feed conversion ratio (FYFCR) was in meagre (FY=42,17%, FFCR=2,48), the best fillet yield (FY=53,8%) and FYFCR (2,10) was exhibited in farmed rainbow trout. This research has been co-financed by the European Union (European Social Fund – ESF) and Greek national funds through the Operational Program "Education and Lifelong Learning" of the National Strategic Reference Framework (NSRF) - Research Funding Program: ARCHIMEDES III. Investing in knowledge society through the European Social Fund.

Keywords: farmed fish, flesh quality, filleting yield, lipid

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Authors: Cesar A. Nava-Gaxiola, C. Barrado

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Harmonized with SESAR (Single European Sky Research) initiatives, a new concept related with airspace structures have been introduced in Europe, the Free Route Airspace. The key of free route is based in an airspace where users may freely plan a route between a defined entry and exit waypoint, with the possibility of routing via intermediate points, the free route flights remain subject to air traffic control (ATC) for the established separations. Free route airspace does not present anymore fixed airways to airspace users, as a consequence it brings a new paradigm for managing safe separations of aircrafts inside these airspace blocks . Nowadays, several European nations have been introduced the concept, some of them in a complete or partial stage, but finally offering limited benefits to airspace users for this condition. This research evaluates the future scenario of free route implementation across Europe, considering a unique airspace block configuration with a complete upper airspace with free route. The paper is centered in investigating the benefits for airspace users, and the study of possible increments of Air Traffic Controllers task loads with a full application. In this research, fast time simulations are carrying out for discovering how much flight time and distance aircrafts can save with an overall free route establishment. In the other side, the paper explains the evolution of conflicts derivate from possible separation losses between aircrafts in this new environment. Free route conflicts can emerges in any points of the airspace, requiring a great effort for solving it, in comparison with fixed airways, where conflicts normally were found by controllers in known waypoints, and they solved using the fixed network as reference. The airspace configuration modelled in this study take into account the actual navigation waypoints structure, moving into a future scenario, where new ones waypoints are added and new traffic flow patterns appears. In this sense, this research explores the advantages and unknown difficulties that a large scale application of free route concept can carry out in the European airspace.

Keywords: ATC conflicts, efficiency, free route airspace, SESAR

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Authors: Chema Segovia, Pau Díaz-Solano, Tony Ramos Murphy

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The PALIMPSEST project, funded by Horizon 2020 and associated with the New European Bauhaus, aims to revitalize sustainability practices in heritage landscapes through co-creation processes led by creative agents. Specifically, PALIMPSEST focuses on the pivotal roles of architecture, design, and art in addressing sustainability challenges. The project aims to demonstrate that these creative disciplines can generate a distinctive kind of value while addressing environmental needs, enhancing societal engagement, supporting foresighting activities, and increasing awareness. In the summer of 2023, Palimpsest launched an open call to select the teams that will lead the development of three creativity-based sustainability processes in three different pilot cities: Jerez de la Frontera (Spain), Lodz (Poland), and Milan (Italy). The call received 141 applications. Through a survey conducted among the candidates and an in-depth analysis of their proposals, we assessed the level of engagement that European creative agents have in tackling sustainability challenges, as well as their alignment with the principles advocated by the New European Bauhaus.

Keywords: arts, architecture, co-creation, design, new European Bauhaus, sustainability

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Authors: G. Cinelli, T. Tollefsen, P. Bossew, V. Gruber, R. Braga, M. A. Hernández-Ceballos, M. De Cort

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In 2006, the Joint Research Centre (JRC) of the European Commission started the project of the 'European Atlas of Natural Radiation'. The Atlas aims at preparing a collection of maps of Europe displaying the levels of natural radioactivity caused by different sources (indoor and outdoor radon, cosmic radiation, terrestrial radionuclides, terrestrial gamma radiation, etc). The overall goal of the project is to estimate, in geographical resolution, the annual dose that the public may receive from natural radioactivity, combining all the information from the different radiation components. The first map which has been developed is the European map of indoor radon (Rn) since in most cases Rn is the most important contribution to exposure. New versions of the map are realised when new countries join the project or when already participating countries send new data. We show the latest status of this map which currently includes 25 European countries. Second, the JRC has undertaken to map a variable which measures 'what earth delivers' in terms of Rn. The corresponding quantity is called geogenic radon potential (RP). Due to the heterogeneity of data sources across the Europe there is need to develop a harmonized quantity which at the one hand adequately measures or classifies the RP, and on the other hand is suited to accommodate the variety of input data used to estimate this target quantity. Candidates for input quantities which may serve as predictors of the RP, and for which data are available across Europe, to different extent, are Uranium (U) concentration in rocks and soils, soil gas radon and soil permeability, terrestrial gamma dose rate, geological information and indoor data from ground floor. The European Geogenic Radon Map gives the possibility to characterize areas, on European geographical scale, for radon hazard where indoor radon measurements are not available. Parallel to ongoing work on the European Indoor Radon, Geogenic Radon and Cosmic Radiation Maps, we made progress in the development of maps of terrestrial gamma radiation and U, Th and K concentrations in soil and bedrock. We show the first, preliminary map of the terrestrial gamma dose rate, estimated using the data of ambient dose equivalent rate available from the EURDEP system (about 5000 fixed monitoring stations across Europe). Also, the first maps of U, Th, and K concentrations in soil and bedrock are shown in the present work.

Keywords: Europe, natural radiation, mapping, indoor radon

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Authors: Congrui Chen

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The European Court of Human Rights (hereinafter ECtHR) delivered its judgment of just satisfaction on the case of Cyprus v. Turkey, ordering a lump sum of 9,000,000 euros as the just compensation. It is the first time that the ECtHR applied the Article 41 of just compensation in an inter-state case, and it stands as the highest amount of just compensation awarded in the history of the ECtHR. The Cyprus v. Turkey case, which represents the most crucial contribution to European peace in the history of the court. This thesis uses the methodologies of textual research, comparison analysis, and case law study to go further on the following two questions specifically:(i) whether the just compensation is applicable in an inter-state case; (ii) whether such just compensation is of punitive nature. From the point of view of general international law, the essence of the case is the state's responsibility for the violation of individual rights. In other words, the state takes a similar diplomatic protection approach to seek relief. In the course of the development of international law today, especially with the development of international human rights law, States that have a duty to protect human rights should bear corresponding responsibilities for their violations of international human rights law. Under the specific system of the European Court of Human Rights, the just compensation for article 41 is one of the specific ways of assuming responsibility. At the regulatory level, the European Court of Human Rights makes it clear that the just satisfaction of article 41 of the Convention does not include punitive damages, as it relates to the issue of national sovereignty. Nevertheless, it is undeniable that the relief to the victim and the punishment to the responsible State are two closely integrated aspects of responsibility. In other words, compensatory compensation has inherent "punitive".

Keywords: European Court of Human Right, inter-state cases, just satisfaction, punitive damages

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Authors: Ioannis I. Αngeli

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Worldwide and mainly in the European Union, many standards, regulations, models and systems exists for the evaluation and identification of stakeholders’ requirements of individual universities and higher education (HE) in general. All systems are targeting to measure or evaluate the Universities’ Quality Assurance Systems and the services offered to the recipients of HE, mainly the students. Numerous surveys were conducted in the past either by each university or by organized bodies to identify the students’ satisfaction or to evaluate to what extent these requirements are fulfilled. In this paper, the main results of an ongoing 6-year joint research will be presented very briefly. This research deals with an in depth investigation of student’s satisfaction, students personal requirements, a cup analysis among these two parameters and compares different universities. Through this research an attempt will be made to address four very important questions in higher education establishments (HEE): (1) Are there any common requirements, parameters, good practices or questions that apply to a large number of universities that will assure that students’ requirements are fulfilled? (2) Up to what extent the individual programs of HEE fulfil the requirements of the stakeholders? (3) Are there any similarities on specific programs among European HEE? (4) To what extent the knowledge acquired in a specific course program is utilized or used in a specific country? For the execution of the research an internationally accepted questionnaire(s) was used to evaluate up to what extent the students’ requirements and satisfaction were fulfilled in 2012 and five years later (2017). Samples of students and or universities were taken from many European Universities. The questionnaires used, the sampling method and methodology adopted, as well as the comparison tables and results will be very valuable to any university that is willing to follow the same route and methodology or compare the results with their own HHE. Apart from the unique methodology, valuable results are demonstrated from the four case studies. There is a great difference between the student’s expectations or importance from what they are getting from their universities (in all parameters they are getting less). When there is a crisis or budget cut in HEE there is a direct impact to students. There are many differences on subjects taught in European universities.

Keywords: quality in higher education, students' requirements, education standards, student's survey, stakeholder's requirements, mechanical engineering courses

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Authors: Albert Acheampong, Tamer Elshandidy

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We investigate the extent to which sustainability disclosure from the narrative section of European banks’ annual reports improves analyst forecast accuracy. We capture sustainability disclosure using a machine learning approach and use forecast error to proxy analyst forecast accuracy. Our results suggest that sustainability disclosure significantly improves analyst forecast accuracy by reducing the forecast error. In a further analysis, we also find that the induction of Directive 2014/95/European Union (EU) is associated with increased disclosure content, which then reduces forecast error. Collectively, our results suggest that sustainability disclosure improves forecast accuracy, and the induction of the new EU directive strengthens this improvement. These results hold after several further and robustness analyses. Our findings have implications for market participants and policymakers.

Keywords: sustainability disclosure, machine learning, analyst forecast accuracy, forecast error, European banks, EU directive

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Authors: Pikria Vardosanidze

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This presentation entitled ”Higher Education Quality Culture – Case Study: Georgia”is concerned with an urgent and crucial issue. Located at the crossroads of Europe and Asia, Georgia is a transnational, post-soviet country. And it is conditioned the peculiarity of our education system. Higher education in Georgia has an extensive history and a challenging period of development consisting of several phases, especially noteworthy of which are 1918 and 1991, marking there storation of Georgia’s independence. Georgia joined the Bologna Process in 2005. Given its geopolitical location, Georgian culture has developed, and still pursues the path of development against the background of the Western and Eastern cultures. Furthermore, socio-politically and culturally, it represents part of Europe. It is of particular interest how post-Soviet states develop in terms of education. What is the path to the European integration for Georgia as a post-Soviet country? How developed is the higher education quality culture in Georgia? And, what should be done in the future? It is important to answer these questions. The research carried out in the field of education is characterized by a certain specificity as does the post-colonial research. The field of education contributes to the development of democratic society as well as to the European integration, the Eastern Partnership and so on. What is crucial for the educational system, apart from transparency and democratization, is the improvement of the quality of education which is one of the most powerful tools dictating the need for a doctoral research as such. As for the research method, the comparative method of research, and the qualitative research are applied.

Keywords: internationalization, higher education, policies, Georgia

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Authors: Hubert Feiglstorfer

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The technique of making terrazzo has been known since ancient times. During the Roman Empire, known as opus signinum, at the time of the Renaissance, known as composto terrazzo marmorino or at the turn of the 19th and 20th centuries, the use of terrazzo experienced a common use in Europe. In Asia, especially in the Himalayas and the Tibetan highlands, a particular floor and roof manufacturing technique is commonly used for about 1500 years, known as arga. The research question in this contribution asks for technical and cultural-historical synergies of these floor-making techniques. The making process of an arga floor shows constructive parallels to the European terrazzo. Surface processing by grinding, burnishing and sealing, in particular, reveals technological similarities. The floor structure itself, on the other hand, shows differences, for example in the use of hydraulic aggregate in the terrazzo, while the arga floor is used without hydraulic material, but the result of both techniques is a tight, water-repellent and shiny surface. As part of this comparative study, the materials, processing techniques and quality features of the two techniques are compared and parallels and differences are analysed. In addition to text and archive research, the methods used are results of material analyses and ethnographic research such as participant observation. Major findings of the study are the investigation of the mineralogical composition of arga floors and its comparison with terrazzo floors. The study of the cultural-historical context in which both techniques are embedded will give insight into technical developments in Europe and Asia, parallels and differences. Synergies from this comparison let possible technological developments in the production, conservation and renovation of European terrazzo floors appear in a new light. By making arga floors without cement-based aggregates, the renovation of historical floors from purely natural products and without using energy by means of a burning process can be considered.

Keywords: European and Asian crafts, material culture, floor making technology, terrazzo, arga, Tibetan building traditions

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Authors: Zahra A. Al Nasser, Domenico Campa

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This paper investigates board of directors and firms’ ownership structure on non-financial companies listed in Gulf Cooperation council (GCC) countries using data from 2009 to 2013. The overall result of the study is that board size and board meeting have increased over years. Additionally, all combined committee variables have improved as well as audit committee size, audit committee meeting and audit committee experience have improved over the years. Furthermore, Oman is the only country that has not shown any statistically significant change in value of its associated variables.

Keywords: corporate governance, GCC countries, board of directors, ownership structure

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Authors: Matjaž Šraml, Marko Renčelj, Tomaž Tollazzi, Chiara Gruden

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Road safety is a worldwide issue with numerous and heterogeneous factors influencing it. On the side, driver state – comprising distraction/inattention, fatigue, drowsiness, extreme emotions, and socio-cultural factors highly affect road safety. On the other side, the vehicle state has an important role in mitigating (or not) the road risk. Finally, the road environment is still one of the main determinants of road safety, defining driving task complexity. At the same time, thanks to technological development, a lot of detailed data is easily available, creating opportunities for the detection of driver state, vehicle characteristics and road conditions and, consequently, for the design of ad hoc interventions aimed at improving driver performance, increase awareness and mitigate road risks. This is the challenge faced by the i-DREAMS project. i-DREAMS, which stands for a smart Driver and Road Environment Assessment and Monitoring System, is a 3-year project funded by the European Union’s Horizon 2020 research and innovation program. It aims to set up a platform to define, develop, test and validate a ‘Safety Tolerance Zone’ to prevent drivers from getting too close to the boundaries of unsafe operation by mitigating risks in real-time and after the trip. After the definition and development of the Safety Tolerance Zone concept and the concretization of the same in an Advanced driver-assistance system (ADAS) platform, the system was tested firstly for 2 months in a driving simulator environment in 5 different countries. After that, naturalistic driving studies started for a 10-month period (comprising a 1-month pilot study, 3-month baseline study and 6 months study implementing interventions). Currently, the project team has approved a common evaluation approach, and it is developing the assessment of the usage and outcomes of the i-DREAMS system, which is turning positive insights. The i-DREAMS consortium consists of 13 partners, 7 engineering universities and research groups, 4 industry partners and 2 partners (European Transport Safety Council - ETSC - and POLIS cities and regions for transport innovation) closely linked to transport safety stakeholders, covering 8 different countries altogether.

Keywords: advanced driver assistant systems, driving simulator, safety tolerance zone, traffic safety

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Authors: Laszlo Vari

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In the digital age, the spread of the mobile world and the nature of the cyberspace, offers many new opportunities for the prevalence of the fundamental right to free expression, and therefore, for free speech and freedom of the press; however, these new information communication technologies carry many new challenges. Defamation, censorship, fake news, misleading information, hate speech, breach of copyright etc., are only some of the violations, all of which can be derived from the harmful exercise of freedom of expression, all which become more salient in the internet. Here raises the question: how can we eliminate these problems, and practice our fundamental freedom rightfully? To answer this question, we should understand the elements and the characteristic of the nature of freedom of expression, and the role of the actors whose duties and responsibilities are crucial in the prevalence of this fundamental freedom. To achieve this goal, this paper will explore the European practice to understand instructions found in the case-law of the European Court of Human rights for the rightful exercise of freedom of expression.

Keywords: collision of rights, European case-law, freedom opinion and expression, media law, freedom of information, online expression

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Authors: Pedro Mario Gonzalez Jimenez

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The novelties introduced by the last Notice on agreements of minor importance tighten the application of the ‘De minimis’ safe harbour in the European Union. However, the undetermined legal concept of effect on trade between the Member States becomes importance at the same time. Therefore, the current analysis that the jurist should carry out in the European Union to determine if an agreement appreciably restrict competition under Article 101 of the Treaty on the Functioning of the European Union is double. Hence, it is necessary to know how to balance the significance in competition and the significance in effect on trade between the Member States. It is a crucial issue due to the negative delimitation of restriction of competition affects the positive one. The methodology of this research is rather simple. Beginning with a historical approach to the ‘De Minimis Rule’, their main problems and uncertainties will be found. So, after the analysis of normative documents and the jurisprudence of the Court of Justice of the European Union some proposals of ‘Lege ferenda’ will be offered. These proposals try to overcome the contradictions and questions that currently exist in the European Union as a consequence of the current legal regime of agreements of minor importance. The main findings of this research are the followings: Firstly, the effect on trade is another way to analyze the importance of an agreement different from the ‘De minimis rule’. In point of fact, this concept is singularly adapted to go through agreements that have as object the prevention, restriction or distortion of competition, as it is observed in the most famous European Union case-law. Thanks to the effect on trade, as long as the proper requirements are met there is no a restriction of competition under article 101 of the Treaty on the Functioning of the European Union, even if the agreement had an anti-competitive object. These requirements are an aggregate market share lower than 5% on any of the relevant markets affected by the agreement and turnover lower than 40 million of Euros. Secondly, as the Notice itself says ‘it is also intended to give guidance to the courts and competition authorities of the Member States in their application of Article 101 of the Treaty, but it has no binding force for them’. This reality makes possible the existence of different statements among the different Member States and a confusing perception of what a restriction of competition is. Ultimately, damage on trade between the Member States could be observed for this reason. The main conclusion is that the significant effect on trade between Member States is irrelevant in agreements that restrict competition because of their effects but crucial in agreements that restrict competition because of their object. Thus, the Member States should propose the incorporation of a similar concept in their legal orders in order to apply the content of the Notice. Otherwise, the significance of the restrictive agreement on competition would not be properly assessed.

Keywords: De minimis rule, effect on trade, minor importance agreements, safe harbour

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Authors: Kurt Willems

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The right to education is a fundamental human right, which has been entrenched in many international and regional treaties and national constitutions. Nevertheless, practice shows that many obstacles impede easy access to quality education for refugees. Overall, the material effects of international human rights legislation on improving (irregular) migrants’ access to social rights in the European countries have remained limited due to the lack of guarantees on effective incorporation in the municipal legal order and due to the lack of effective enforcement mechanisms. After the recent refugee crisis in Europe, this issue has grown in importance. The presentation aims to give a brief overview of the most important issues impeding the effective enforceability of the right to education for refugees. I. Do refugees fall within the scope of application of the relevant human rights treaties and to which extent can they invoke human rights treaties in domestic courts to set aside domestic legislation? II. How is the justiciability of the right to education organized in those treaties? III. What is the legal answer to questions raised in practice when dealing with the influx of refugees in Europe: (i) can refugees be placed in separate schools or classes until they can follow the regular curriculum?; (ii) can higher school fees be asked from pupils without legal documents?; (iii) do refugees have a right to be taught in their own native language until they learn to speak the national language? To answer the above questions, the doctrinal and comparative legal method will be used. The normative framework, as interpreted within Europe, will be distilled from the recent and relevant international treaties and European law instruments (in particular the Convention on the Rights of the Child, the European Convention on human rights, the European Social Charter and the International Covenant on Economic, Social and Cultural Rights) and their underlying policy documents, the legal literature, the (limited) European jurisprudence, and the general comments to those treaties. The article is mainly descriptive in nature. Its aim is to serve as a summary of the legal provisions, case law and legal literature on the topic of the right to education for refugees. The research shows that the reasons for the delicate enforceability of the rights to and the rights in education are multifold. The research will categorize the different contributing factors under the following headings: (i) problems related to the justiciability of international law as such; (ii) problems specifically related to the educational field; (iii) problems related to policy issues in the refugee debate. By categorizing the reasons contributing to the difficult enforceability of the right to education and the rights in education for refugees, this research hopes to facilitate the search for solutions to this delicate problem.

Keywords: right to education, refugees, discrimination, enforceability of human rights

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Authors: Julia Gurol

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Why do we observe a shift towards convergence in EU-China security interests? While contradicting attitudes towards key principles of inter-state and region-to-state relations, including state sovereignty, territorial integrity, and intervention policies have ever since hindered EU-China inter-regional cooperation beyond the economic realm, collaboration in peace and security issues is now becoming a key pillar of European-Chinese relations. In addition, the Belt and Road Initiative as most ambitious Chinese foreign policy project explicitly touches upon several European foreign policy and security preferences. Based on these counterintuitive findings, this paper traces the process of convergence of Sino-European security interests. Drawing on qualitative text analysis of official Chinese and European policy papers and documents from the establishment of diplomatic relations in 1975 until today, it assesses the striking change over time. On this basis, the paper uses theories of neo-functionalism, inter-regionalism, and securitization and borrows from constructivist views in International Relations’ theory, to expound possible motives for the change in Chinese and respectively European preferences in the security realm. The results reveal interesting insights into the decisive factors and motives behind both countries’ foreign policies. The paper concludes with a discussion of further potential and difficulties of EU-China security cooperation.

Keywords: belt and road initiative, China, European Union, foreign policy, neo-functionalism, security

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Authors: Genevieve Zingg

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Since the onset of the 2015 ‘refugee crisis’ in the European Union (EU), migrant deaths have overwhelmingly occurred in the Mediterranean Sea. However, far less attention has been paid to the startling number of injuries, deaths, and allegations of systematic human rights violations occurring within European refugee camps. Most troubling is the assertion that injuries and deaths in EU refugee camps have occurred as a result of negligent management and poor access to healthcare, food, water and sanitation, and other elements that comprise an adequate standard of living under international human rights law. Using available evidence and documentation, this paper will conduct a thorough examination of the causes of death and injury in EU refugee camps, with a specific focus on Greece, in order to identify instances of negligence or conditions that amount to potential breaches of human rights law. Based on its analysis, this paper will subsequently explore potential legal avenues to achieving justice and accountability under international human rights law in order to effectively address and remedy inadequate standards of living causing wrongful death or injury in European refugee camps.

Keywords: European Union, Greece, human rights, international human rights law, migration, refugees

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Authors: Reka Zsuzsanna Mathe

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The globalization and the Europeanization have significantly contributed to a change in the role of the nation-states. The global economic crisis, the climate changes, and the recent refugee crisis, are just a few among many challenges that cannot be effectively addressed by the traditional role of the nation-states. One of the main roles of the states is to solve collective action problems, however due to their changing roles; apparently this is getting more and more difficult. Depending on political culture, collective action problems are solved either through cooperation or conflict. The political culture of Central and Eastern European (CEE) countries is marked by low civic participation and by a weak civil society. In this type of culture collective action problems are likely to be induced through conflict, rather than the democratic process of dialogue and any type of social change is probably to be introduced by social movements. Several studies have been conducted on the social movements of the CEE countries, yet, it is still not clear if the most significant social movements of the region tend to choose rather the cooperative or the conflictual way as action strategy. This study differentiates between a national and a European action field, having different social orders. The actors of the two fields are the broadly understood civil society members, conceptualized as social movements. This research tries to answer the following questions: a) What are the norms that best characterize the CEE countries’ social order? b) What type of actors would prefer a change and in which areas? c) Is there a significant difference between the main actors active in the national versus the European field? The main hypotheses are that there are conflicting norms defining the national and the European action field, and there is a significant difference between the action strategies adopted by social movements acting in the two different fields. In mapping the social order, the study uses data provided by the European Social Survey. Big data of the Global Data on Events, Location and Tone (GDELT) database offers information regarding the main social movements and their preferred type of action. The unit of the analysis is the so called ‘Visegrad 4’ countries: Poland, Czech Republic, Slovakia and Hungary and the research uses data starting from 2005 (after the European accession of these four countries) until May, 2017. According to the data, the main hypotheses were confirmed.

Keywords: big data, Central and Eastern Europe, civil society, GDELT, social movements

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Authors: Ahmed Farouk Radwan, Sheren Mousa

Abstract:

There are many laws and regulations governing the use of new and social media in the United Arab Emirates. During the past few years, the importance of using these platforms in the fields of media and government communication has increased, as well as at the level of individual use. In 2016, the National Media Council Law was issued to regulate traditional and new media field, and gave the council the power to oversee and undertake the media affairs in the state. NMC is mandated to: Develop the UAE’s media policy, Draft media legislation and ensure its execution and Prohibited media content ,Co-ordinate the media policy between the emirates in line with the UAE’s domestic and foreign policy, Ensure support for the federation and project national unity. All media organizations in the UAE must comply with the regulations and rules issued by council. Social media influencers have to be licensed by NMC if they accept paid ads to be published on their accounts. The study explores other laws concerning of new media and social media regulations and ethics including Combatting Cybercrimes law, Combating Discrimination and Hatred law, The Government Guidelines for social media users in the UAE, The Guidelines for the practices of electronic participation and social networking, Copyright Law, and Child Rights Law. The study clarifies the legal articles, items and standards in all these laws which related with the new media and social platforms and also determines the prohibited digital practices and the cultural norms governing it.

Keywords: media laws, media ethics, new media , UAE

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Authors: Changhong Guo, Shaomei Fang, Yong He

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In this paper, fractional Black-Scholes models for the European option pricing were established based on the fractional G-Brownian motion (fGBm), which generalizes the concepts of the classical Brownian motion, fractional Brownian motion and the G-Brownian motion, and that can be used to be a tool for considering the long range dependence and uncertain volatility for the financial markets simultaneously. A generalized fractional Black-Scholes equation (FBSE) was derived by using the Taylor’s series of fractional order and the theory of absence of arbitrage. Finally, some explicit option pricing formulas for the European call option and put option under the FBSE were also solved, which extended the classical option pricing formulas given by F. Black and M. Scholes.

Keywords: European option pricing, fractional Black-Scholes equations, fractional g-Brownian motion, Taylor's series of fractional order, uncertain volatility

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Authors: Aida Alemany, Laura Ballester, Ana González-Urteaga

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From 2007 subprime crisis to the recent Eurozone debt crisis the European banking industry has experienced a terrible financial instability situation with increasing levels of CDS spreads (used as a proxy of credit risk). This paper investigates whether volatility transmission channels in European banking markets have changed after three significant crises’ events during the period January 2006 to March 2013. The global financial crisis is characterized by a unidirectional volatility shocks spillovers effect in credit risk from inside to outside the Eurozone. By contrast, the Eurozone debt crisis is revealed to be local in nature with the euro as the key element suggesting a market fragmentation between distressed peripheral and non-distressed core Eurozone countries, whereas retaining the local currency have acted as a firewall. With these findings we are able to shed light on the impact of the different crises on the European banking credit risk dynamics.

Keywords: CDS spreads, credit risk, volatility spillovers, financial crisis

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Authors: Dovile Petkeviciute-Barysiene

Abstract:

Legal technologies not only create new ways for accessing and providing legal services but also transform the role of legal practitioners. Both lawyers and users of legal services expect automated solutions to outperform people with objectivity and impartiality. Although fairness of the automated decisions is crucial, research on assessing various characteristics of automated processes related to the perceived fairness has only begun. One of the major obstacles to this research is the lack of comprehensive understanding of what legal actions are automated and could be meaningfully automated, and to what extent. Neither public nor legal practitioners oftentimes cannot envision technological input due to the lack of general without illustrative examples. The aim of this study is to map decision making stages and automation levels which are and/or could be achieved in legal actions related to pre-trial and trial processes. Major legal decisions and judgments are identified during the consultations with legal practitioners. The dual-process model of information processing is used to describe cognitive processes taking place while making legal decisions and judgments during pre-trial and trial action. Some of the existing legal technologies are incorporated into the analysis as well. Several published automation level taxonomies are considered because none of them fit well into the legal context, as they were all created for avionics, teleoperation, unmanned aerial vehicles, etc. From the information processing perspective, analysis of the legal decisions and judgments expose situations that are most sensitive to cognitive bias, among others, also help to identify areas that would benefit from the automation the most. Automation level analysis, in turn, provides a systematic approach to interaction and cooperation between humans and algorithms. Moreover, an integrated map of legal decisions and judgments, information processing characteristics, and automation levels all together provide some groundwork for the research of legal technology perceived fairness and acceptance. Acknowledgment: This project has received funding from European Social Fund (project No 09.3.3-LMT-K-712-19-0116) under grant agreement with the Research Council of Lithuania (LMTLT).

Keywords: automation levels, information processing, legal judgment and decision making, legal technology

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Authors: Thammanoon Raveepong, Craig Wheway

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Originating from a multifaceted research project beginning with the opening of the Green Market at Ban Laow sub-district, Kosum Phisai, Mahasarakham with the support of Kosum Phisai Governor. The project involves key stakeholders related to villagers who have become involved with linking local identity to a more global identity to help ameliorate falling agricultural incomes and casualised work. There have been fifteen formal meetings involving local government stakeholders that took place at the local university, local schools, a public meeting at Ban-Don-Toom and Village meeting shelters. These events hosted 176 local stakeholders consisting of the District Governor, 7 Chairpersons/Heads of the District Development Council, a Health Promotion group, District retired government staff, 4 sub-district local government members, the City Development Council, 2 representatives from Mahasarakham Provincial Culture Council, 4 principles of all local schools, 11 village heads, 15 scholars form local and national universities, 132 villagers and 4 staff from public relation units. The goal of the project was to initiate a variety of local projects including promotion of Local healthy food, farm/homestay accommodation, local uniqueness, Travel guides (in book form and guide youths) and the proposed development of community tourism with the aim to utilise local people and activities to tap into the growing alternative tourism market. This paper aims to document the progress thus far, and the challenges presented working with local communities that have lacked expertise in linking to the global economy to derive economic benefits for their communities.

Keywords: Community-based tourism, community participation, local identity, mahasarakham province

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