Carl Grossmann Verlag

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We are publishing books of all disciplines in STM, Law and Economics both in print and online as open access.

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Carl Grossmann Publishers has established for monographs the following peer review workflow:

1. Formal check of the submitted manuscript by publisher’s desk editor: formal quality, scientific approach, and consistency.
2. After approval: Review of the manuscript by desk editor at the publisher.
3. After approval by desk editor: The manuscript is forwarded to an external expert in the field.
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b. Publication after revision (with minor changes)
c. No publication and rejection
6. Feedback about final decision to the author.

In case of the publication of graduate works, the quality assessment is provided by the university as defined by faculty.

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Browse results: Found 17

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Les conditions d’admission et de séjour des travailleurs hautement qualifiés dans l’UE - Une analyse de la Directive Carte Bleue

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ISBN: 9783941159129 Year: Pages: 352 DOI: 10.24921/2017.94115913 Language: French
Publisher: Carl Grossmann Verlag
Subject: Political Science --- Law
Added to DOAB on : 2017-09-05 11:02:15
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This work focuses on the Blue Card Directive, not as a specific instrument, but as an integral part of the EU Immigration Policy Framework. Such an approach is necessary, given the sector-based approach and the legislative patchwork adopted by the EU in the field of Immigration Policy. Moreover, EU law on migration is a new but a very dynamic field which is constantly evolving. Therefore, the project not only analyses the key definitions, central themes and legal issues of the Directive but also examines its interaction and tries to establish some connections with the other EU instruments on legal migration into the EU, most of them adopted on the so-called sector-based approach (Single Permit Directive, Family Reunification Directive, Long-term Residents Directive, Researchers, Students and Others Directive, etc.). In particular, the project tries do draw a parallel between some of the Blue Card Directive provisions and the jurisprudence of the European Court delivered for similar notions or legal problems contained in the others instruments. Furthermore, the work addresses other specific issues such us : mobility, the problem of an “ethical recruitment” of highly skilled workers, the volumes of admission (to be set by the Member States), the maintaining of national schemes for highly qualified migrants besides the EU Blue Card and the integration of migrants already admitted in the Member States.

Crisis at the WTO

Authors:
Book Series: sui generis ISBN: 9783941159402 978394115941 Year: Pages: 172 DOI: 10.24921/2019.94115941 Language: English
Publisher: Carl Grossmann Verlag
Subject: Political Science --- Law
Added to DOAB on : 2019-11-01 11:21:02
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Since 2017, the United States has blocked all appointments to the Appellate Body of the World Trade Organization (WTO), thereby threatening to destroy the WTO's dispute settlement system, one of the most active dispute settlement systems in international law and a central pillar of the multilateral trading system. The United States justifies its blockage with allegations of judicial overreach, claiming that the Appellate Body in its jurisprudence has not complied with the WTO treaties.

Keywords

Law --- International Law --- WTO Law --- Recht --- Völkerrecht --- WTO-Recht

Enforcing Human Rights of Palestinians in the Occupied Territory

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Book Series: sui generis ISBN: 9783941159310 9783941159303 Year: Pages: 448 DOI: 10.24921/2018.94115931 Language: English
Publisher: Carl Grossmann Verlag Grant: Swiss National Science Foundation (SNSF) - OAPEN-CH
Subject: Law
Added to DOAB on : 2019-01-17 11:41:38
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"The situation in Palestine has influenced the deployment of international human rights law and international humanitarian law. The impact of longterm Israeli occupation and the rule of the Palestinian Authority in the Occupied Territory is multifaceted. Despite the various research on Palestine, human rights, and the rule of law, few studies have been conducted on the enforcement mechanisms of human rights in Palestine. This study examines the applicability of international human rights and humanitarian laws as well as domestic laws to assess the contribution of these directives in protecting the fundamental human rights of Palestinians in the Occupied Territory. It conducts an in-depth case study of three basic rights: the right to movement, the right to property, and the right to equality and non-discrimination in the Occupied Territory. The study further examines the role of the Palestinian High Court of Justice and the Israeli Supreme Court in implementing domestic and international laws. In this regard, the study examines the major laws which are invoked, in certain circumstances, to limit the ability of Palestinians to confiscate, expropriate, and destruct their private property, and to implement discriminatory practices against them. The study further examines whether the available international and domestic mechanisms are effective, and if not, it suggests modifications upon which a functional national and international system could be built. The findings of the research demonstrate that international human rights treaties and international humanitarian law conventions are de facto and de jure applicable in the Occupied Territory. As a result of the aforementioned in-depth study cases, it can be concluded that human rights violations against Palestinians in the Occupied Territory are committed by the Palestinian Authority and the Israeli government. In addition, the Palestinian and the Israeli judiciaries have failed to grant Palestinians reasonable protection or a just remedy, and they are dysfunctional and politically driven. The study concludes with a proposal for new mechanisms for Palestinians to redress human rights violations. The further outcomes of this study argue that neither international human rights nor humanitarian law guarantee full protection for Palestinians. Hence, the implication of the findings indicates that the regulations of international human rights and humanitarian laws, which were made by the powers of the nineteenth century with their colonial provisions, might not fit to the present complications of the current challenges to international law in Palestine. The goal is to promote a re-thinking approach to the employment of human rights to serve all people in an efficient and well-organized system. The scope of this study is not meant to grant Palestinians favorable treatment in the multilateral international system, but to achieve just and successful remedies for victims of human rights violations."

Fälle zum Verwaltungsrecht

Authors:
ISBN: 9783941159396 9783941159389 Year: Pages: 340 DOI: 10.24921/2020.94115939 Language: German
Publisher: Carl Grossmann Verlag
Subject: Law
Added to DOAB on : 2019-10-22 11:21:02
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The present case repertory on administrative law is the first openly licensed case repertory in German jurisprudence. It wants to carry the idea of ​​free educational materials (so-called "Open Educational Resources") into the area of ​​the jurisprudential educational literature as a "lighthouse project" and to encourage imitation. It accompanies the textbook "Administrative Law in the Exam", also published in 2019, and enriches this concrete case study. Administrative Law Cases presents the audit-relevant administrative law on the basis of 16 major cases, which could also be reviewed in exams in this form.The detailed solutions are accompanied by an introduction to the expert review and the examination procedures for the most important application and application types of the VwGO The contents of the open access textbook "Administrative Law in the Exam" can be used to train the practical work with facts in exams with the case repetition The publisher Nikolas Eisentraut is a researcher at the Department of Law of Freie Universität Berlin and Alumni of Wikimedia , the Stifterverband and the Volkswagen Foundation funded Fellow Program Free Knowledge, within the framework of which this Fallrepetitorium has emerged.

Das Herkunftslandprinzip der E-Commerce-Richtlinie und seine Auswirkung auf die aktuelle Mediengesetzgebung in Deutschland

Authors:
Book Series: Schriftenreihe Medientheorie & Medienrecht ISBN: 9783941159471 Year: Pages: 160 DOI: 10.24921/2020.94115947 Language: German
Publisher: Carl Grossmann Verlag
Subject: Law
Added to DOAB on : 2020-06-04 23:57:54
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Are Germany's current efforts to implement strict national legal requirements for social networks based in other EU member states compatible with the country of origin principle? Are there exceptions to which the federal and state legislators can rely on media, network and youth protection law? Or do the German regulations and proposed regulations violate European law? The first volume of the new series on Media Law & Media Theory examines the issues, taking into account the case law of the ECJ and the communications of the EU Commission.

Introduction to Swiss Law

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Book Series: sui generis ISBN: 9783941159242 9783941159242 Year: Pages: 452 DOI: 10.24921/2018.94115924 Language: English
Publisher: Carl Grossmann Verlag
Subject: Law
Added to DOAB on : 2018-09-11 11:01:04
License: Carl Grossmann Verlag

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What are the origins of direct democracy in Switzerland? How does the Swiss judiciary function? What are the principles of Swiss civil, contract and administrative law? What is the role of public service broadcasting in the political decision making process? What are the leading cases in tax law? What forms of euthanasia are legal in Switzerland? In this introduction 13 legal scholars of the University of Zürich Law Faculty try to answer these questions and give the reader an overview of Swiss public, private and criminal law. As the first comprehensive introduction to Swiss law in English, it is addressed to both lawyers from abroad and incoming students.

Normstabilisierung und Schuldvorwurf

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Book Series: sui generis ISBN: 9783941159181 Year: Pages: 530 DOI: 10.24921/2018.94115919 Language: German
Publisher: Carl Grossmann Verlag
Subject: Law
Added to DOAB on : 2018-04-17 11:01:55
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This work examines the nature of criminal responsibility, and thereby the very heart of criminal law theory. The analysis exposes the relevance of criminal law and punishment for the stabilization of norms within society. This allows to determine the function of placing blame and of the principle of culpability. Thus, this thesis offers in-depth insights into the mechanism and elements of the attribution of individual responsibility. The main finding is that only culpability and the consideration of its elements, which are defined in this work, are capable of functionally determining punishment (i.e., in accordance with the necessity of punishment for the stabilization of norms).

Keywords

law --- criminal law --- recht

Die Praxis der bedingten Entlassung aus dem Strafvollzug

Authors:
Book Series: sui generis ISBN: 9783941159365 Year: Pages: 456 DOI: 10.24921/2019.94115937 Language: German
Publisher: Carl Grossmann Verlag
Subject: Law
Added to DOAB on : 2020-02-12 11:21:04
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The decision on conditional release from prison (Art. 86 – 89 SCC) is one of the most important decisions in the Swiss criminal justice system. At stake are both the freedom of the convicted person, who is to be given a chance of reintegration by the conditional release, and the security of the general public, which must be protected against the commission of further criminal offences. Despite its significance for convicted persons and the society as a whole, the practice of conditional release is scarcely discussed in Swiss literature: What is the procedure for conditional release? How do the opinions of the parties involved in the procedure influence its outcome? How do the persons responsible for conditional release exercise the discretion left to them by the law? The clarification of these issues seems all the more important given that in recent decades the number of conditional release decisions has decreased and there are considerable cantonal differences. The focus of the dissertation is on the process of decision-making by the responsible authorities in Switzerland, in particular the implementation of the right to be heard, as well as the criteria which influence the decision on the conditional release of offenders. The research is based on a representative sample of 943 criminal files from the cantons of Berne, Fribourg, Lucerne and Vaud, which are evaluated using statistical methods (logistic regression). The results of the investigation show that the responsible authorities select only a few aspects from a large number of case characteristics that largely determine their decision-making process. The decision is strongly influenced by the residency status of the convicted person, his criminal record and the opinion of the prison authorities. The legal prognosis is therefore primarily based on static factors from the past, whereas dynamic factors which the convicted person or the involved actors could influence are more secondary. In addition, it emerges that the temporal and cantonal differences in the release rates do not relate to a differing prison population, as it most often assumed, but to a different way of implementing the law and appreciating the profile of prisoners – following a more restrictive or liberal understanding and practice of the release decision – depending on time and canton. The study shows as well that there is no uniform practice for the procedure: the use of risk assessment tools, the opinions of the prison management or the organisation of the right to be heard are extremely disparate and therefore the right of the sentenced person to an equal and fair trial is not guaranteed to the same extent everywhere. The work concludes with a legal classification of the findings as well as with criminal policy considerations and proposals for a more precise reformulation of Art. 86 SCC. These should contribute to a more harmonious and broader application across cantonal borders and therefore strengthen conditional release as an efficient instrument of crime prevention.

Rechtliche Voraussetzungen der Nutzung von Open-Source-Software in der öffentlichen Verwaltung, insbesondere des Kantons Bern

Authors: --- ---
ISBN: 9783941159150 Year: Pages: 200 DOI: 10.24921/2017.94115916 Language: German
Publisher: Carl Grossmann Verlag
Subject: Computer Science --- Law
Added to DOAB on : 2017-09-05 11:02:15
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The work has been authored by 3 experts in enforcement law to analyse whether an administration or government may release software as open source.

Der Schutz der öffentlichen Ordnung und Sicherheit im Rahmen der internationalen Schutzgewährung

Authors:
ISBN: 9783941159044 9783941159051 Year: Pages: 324 DOI: 10.26530/OAPEN_624830 Language: German
Publisher: Carl Grossmann Verlag Grant: Swiss National Science Foundation (SNSF) - OAPEN-CH - 170367
Subject: Law
Added to DOAB on : 2017-02-13 17:23:52
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Europe is currently facing one of the biggest influx of refugees and displaced people since the end of the wars in the Balkans. At the same time, there has also been an increase in terroristic attacks in recent years. States seem to fear a correlation between these two developments, and refugees and asylum seekers are increasingly seen as risks to national security. This doctoral thesis contains a thorough analysis of those provisions of the EU Asylum Qualification Directive which aim to address these concerns, and allow for the exclusion of certain persons from international protection, the restriction of their status rights, or even the revocation or ending of protection. It argues that it is possible and imperative to uphold the standards of international refugee and human rights law even in the face of exacerbated security concerns of the Member States.

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