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Publizistische Freiheit und Persönlichkeitsschutz - zu den Grenzen der Verwertbarkeit realer Biografien

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ISBN: 9783940344489 Year: Language: German
Publisher: Universitätsverlag Göttingen
Subject: Law
Added to DOAB on : 2011-11-04 00:00:00
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Publishing of diaries and biographies is a lucrative business, fictional texts are always looking close to real people and events that a market for the "sale" of life stories has become established. The development of law against this practice is fallen behind. The present study focuses on two questions circles. The first focus is on the systematization of the decision parameters and the derivation of concrete responses from the basics of intellectual property law.

Rechtliche Rahmenbedingungen von Open Access-Publikationen

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ISBN: 9783938616451 Year: Language: German
Publisher: Universitätsverlag Göttingen
Subject: Law --- Computer Science
Added to DOAB on : 2011-11-04 00:00:00
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Even earlier than other sectors of society, science was confronted with the Internet as a new communication medium. Yet it has lasted several years until the Internet has gained reputation as a publication medium for scientists. This development is accompanied by an increasing concentration on the side of scientific publishers, which has lead for some disciplines to almost monopolistic situations. Conversely, the financial resources to purchase and provide access to scientific publications are shrinking on the side of the customers - libraries and researchers, but also other sectors of the public. This results in a disastrous spiral, known as the so-called "publication crisis." As one solution to this crisis new publication concepts using the internet have emerged. They are characterized by the fact that they provide access to scientific works largely free and unrestricted - Open Access. This book "Legal Framework for Open Access" is designed as a practical guide and aims to help authors who want to publish Open Access. The content includes: Introduction to Open Access • Facts on Copyrights • Open Access in Universities • Open Access Licenses • Technical protection measures and Open Access • Retrodigitalisation issues • Liability of institutional repositories for archived Open Access publications • Implications regarding competition law • Public legal and organizational framework for Open Access

Die Gemeinsame Stelle nach dem ElektroG - Rechtsstellung, Organisation und Aufgaben sowie Rechtsschutz gegen ihre Akte

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ISBN: 9783863952563 Year: Language: German
Publisher: Universitätsverlag Göttingen
Subject: Law
Added to DOAB on : 2016-06-21 11:02:52
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The Electrical and Electronic Equipment Act (ElektroG) that took effect in 2005 follows an independent method as opposed to the conventional execution carried out by state authorities with regards to the legal execution. It commits the producer of electrical and electronic equipment to the establishment of a private law Clearing House (Gemeinsame Stelle) and assigns it numerous tasks to be carried out on its own responsibility. The significance of the Clearing House for the implementation of the Electrical and Electronic Equipment Act is heightened by the fact that it assumes additional sovereign tasks assigned to it within the scope of the designation. This unusual double function is applied to the task at hand and illuminates the status and organisation of Stiftung Elektro-Altgeräte-Register that is set up as Clearing House. The task furthermore examines the most important tasks in practice of producer registration and the coordination of WEEE collection, as well as the thus far little researched task of specifying the equipment types important for implementation. The work is rounded off by a chapter dedicated to the issues of legal protection against the measures of Stiftung Elektro-Altgeräte-Register, particularly in its function as designated agency.

Rechtsschutz und Grenzen des Rechtsschutzes in der Verwaltung und in der Verfassung

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ISBN: 9783902638519 Year: Pages: 140 Seiten DOI: 10.26530/OAPEN_437230 Language: German
Publisher: Jan Sramek Verlag Grant: Austrian Science Fund - D 4368
Added to DOAB on : 2013-03-27 11:50:04
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The starting point for my thesis, or rather the revised version of my thesis, was the fact that parties in a civil, criminal or administrative case have no legal entitlement either to the launch of judicial review proceedings (Normprüfungsverfahren) by the Austrian constitutional court (VfGH) or to the submission of questions of interpretation to the ECJ. The absence of any such legal entitlement raises the question of whether a party could not obtain a remedy by taking the direct route using an Individualantrag or individual application to the constitutional court in accordance with Art 139 or Art 140 B-VG (Austrian Federal Constitutional Act). In practice, however, this route is frequently blocked by the strict prerequisites for admissibility and formal requirements governing an individual application. This paper analyses whether the rigid admission procedure truly reflects the aim of the constitution/legislator. The focus of this paper is thus a detailed analysis of the Individualantrag. In the event of failure to obtain a mandatory preliminary ruling from the ECJ, VfGH practice recognises that this constitutes violation of the Austrian right to a hearing before an impartial and competent judge (Recht auf den gesetzlichen Richter). The thesis/the revised version of this thesis highlights a further interpretation of the above right to a hearing, an interpretation under which unlawful failure to launch a judicial review also constitutes breach of this right. Furthermore, the paper examines whether Art 13 ECHR (Right to an effective remedy) and Art 6 ECHR (Right to a fair trial) are also violated in the two aforementioned cases. Established case law states that claims for state liability on the grounds of state contravention of Community law are to be brought under the constitutional court's Kausalgerichtsbarkeit or jurisdiction for monetary claims against public bodies for which there is no other remedy, in accordance with Art 137 B-VG. In the light of this, this paper looks in detail at why unlawful failure to launch judicial review proceedings can also result in claims for state liability.It also uncovers shortcomings in legal remedy in the implementation of EU law. In the context of the above topics, which form the core of my thesis/the revised version of my thesis, the paper will introduce the system of legal remedy under the Austrian federal constitution including the key ordinary and extraordinary remedies under sovereign, public administration (Hoheitsverwaltung), briefly address legal remedy under private law administration (Privatwirtschaftsverwaltung), and finally outline other institutions with responsibility for legal relief such as the Volksanwaltschaft (Austrian Ombudsman Board) and the Rechnungshof (Austrian Court of Auditors).

Diversità e discorso giuridico. Temi per un dialogo interdisciplinare su diritti e giustizia in tempo di transizione

Authors: --- --- --- --- et al.
Book Series: Historia del Derecho ISSN: 22555137 ISBN: 9788490859810 Year: Volume: 48 Pages: 287 Language: Italian
Publisher: Universidad Carlos III de Madrid. Figuerola Institute of Social Science History
Subject: Law
Added to DOAB on : 2016-11-02 12:07:43
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The relationship between law and diversity was difficult and dialectical throughout the centuries of the legal modernity. Yet to mark its routes it was not a concern for diversity since at the core of its developments there was the issue of individual before the social issue. As a matter of fact, diversity was considered extensively in modern law, but always in an instrumental way. At present this juridical approach shows some limitations, especially in the taking into account the link with the problem of protection of fundamental and human rights. Therefore, it seems appropriate to open a discussion on the issue, assuming diversity, despite its plurality of meanings, as a single topic area from which to start questioning the law. This volume is an attempt in this direction. Taking its cue from these statements and adopting a multidisciplinary perspective, it aims to explore aspects of the complex relationship between law and diversity, assuming as a framework of reference the problem of rights and justice.--------È in un continuo e sofferto rapporto dialettico che diritto e diversità si sono reciprocamente inseguiti lungo i secoli della modernità giuridica. Eppure non è stata una preoccupazione per la diversità a segnarne gli itinerari. Di essa il diritto moderno si è molto occupato ma in chiave sempre strumentale, avendo posto al centro dei suoi svolgimenti la questione dell’individuo prima che della società. Al contempo la fase attuale evidenzia una certa usura degli strumenti giuridici tradizionali e un limite complessivo di tale approccio al problema, soprattutto se si considerano i nessi della questione con la tutela dei diritti fondamentali e umani. Appare, dunque, opportuno avviare una riflessione complessiva sulla questione, assumendo la diversità, pur nella sua pluralità di valenze, come ambito tematico unitario e come categoria a partire dalla quale interrogare il diritto. Il presente volume, costituisce un tentativo in tale direzione. Esso - prendendo le mosse da tali constatazioni e avvalendosi di molteplici punti di vista disciplinari - si propone di esplorare aspetti del complesso rapporto tra diritto e diversità, assumendo come cornice di riferimento la questione dei diritti e della giustizia.

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