The present volume offers to the reader a multi-faceted dialogue between noted experts from two major agricultural countries, both founding members of the Word Trade Organisation, each one with different stakes in the great globalisation game: France, the world's second-ranking exporter of agricultural products and headquarters of a number of very active agro-business companies; and India, crossing the one billion population mark while emerging from its traditional protectionism, and legitimately concerned about preserving the interests of its huge farming community and not falling victim to the profit logic of the multinational corporations. After providing the recent historical background of agricultural policies in India and France, the contributors address burning issues related to market and regulation, food security and food safety, the expected benefits from the WTO and the genuine problems raised by the new forms of international trade in agriculture, including the sensitive question of intellectual property rights in bio-technologies. Whatever the differences between the two countries, and eventually their conflict of interests, this informed volume underlines the necessity of moving beyond the North-South divide, in order to address the real challenges of the future; a fair global order in a sector vital for the world, the multi-functionality of agriculture, the access for all to secure and safe food, the preservation of common goods and the ethical dimension of science and technology.
This OECD publication provides statistics on international trade in services by partner country for 33 OECD countries plus the European Union (EU27), the Euro area (EA16), and Hong Kong, China as well as definitions and methodological notes. The data concern trade between residents and non-residents of countries and are reported within the framework of the Manual on Statistics of International Trade in Services.
This book includes summary tables of trade patterns listing the main trading partners for each country and by broad service category. Series are shown in US dollars and cover the period 2005-2009.
The data in this publication are also available on line via www.oecd-ilibrary.org under the title OECD Statistics on International Trade in Services (http://dx.doi.org/10.1787/tis-data-en).
A actividade comercial é vista no mercado através do estabelecimento que o comerciante explora e onde serve os seus clientes.
Esta actividade não se fica porém pela imagem do comerciante no mercado, pois que ela é disciplinada de fora para dentro, no sentido de ver garantidas as posições de outros sujeitos económicos, fornecedores, concorrentes, consumidores.
As Práticas Individuais Restritivas do Comércio (PIRC) constituem por isso um normativo inerente à actividade comercial das empresas e quanto a ela disciplinando o preço, condições de venda e abusos que possam ser praticados no mercado.
O novo regime das PIRC vem actualizar aquela disciplina, merecendo porém criticas, algumas das quais tratadas no livro.
Estrutura da obra:
Parte I
O regime jurídico das práticas individuais restritivas do comércio
Parte II
O comércio
A evolução legislativa do regime jurídico das práticas individuais restritivas do comércio
As práticas restritivas e a concorrência
O preço
A venda
As práticas comerciais restritivas da leal concorrência
Práticas comerciais desleais
Parte III - Legislação avulsa
Lei de autorização legislativa
Constituição da República Portuguesa
Contratos celebrados à distância e contratos ao domicílio e equiparados
Práticas comerciais desleais
Lei orgânica da ASAE
Regime geral das contra-ordenações
Práticas comerciais com redução de preço
Recomendação da comissão
Código comercial
How can Latvia improve the quality and equity of its education system and realise long-term efficiency gains? This report covers the whole education system from early childhood education and care to tertiary education and provides an assessment of Latvia's policies and practices against the best approaches in education and skills across the OECD. This international comparison brings to the fore the many strengths of Latvia's education system, but also highlights the challenges it faces and provides a number of recommendations in response. This report will be of value to Latvia but also policy makers in other countries looking to raise the quality, equity and efficiency of their education systems.
The effective use of school resources is a policy priority across OECD countries. The OECD Reviews of School Resources explore how resources can be governed, distributed, utilised and managed to improve the quality, equity and efficiency of school education.
The series considers four types of resources: financial resources, such as public funding of individual schools; human resources, such as teachers, school leaders and education administrators; physical resources, such as location, buildings and equipment; and other resources, such as learning time.
This series offers timely policy advice to both governments and the education community. It includes both country reports and thematic studies.
How can the Netherlands move its school system "from good to great"? This report draws on international experience to look at ways in which the strong Dutch school system might go further still on the path to excellence. Clearly the Dutch school system is one of the best in the OECD, as measured by PISA and PIAAC and is also equitable, with a very low proportion of poor performers. The report therefore proposes an incremental approach to reform, building on strengths while responding to some emerging challenges. The Netherlands should strengthen the quality of early childhood education and care, revisit policies related to early tracking with more objective testing and track decisions, and enhance the permeability of the system. It should develop the professionalism of teachers and school leaders through enhanced collective learning and working, while at the same time strengthening accountability and capacity in school boards. This report will be valuable not only for the Netherlands, but also to the many other education systems looking to raise their performance who are interested in the example of the Netherlands.
More than ever, students need to engage with mathematical concepts, think quantitatively and analytically, and communicate using mathematics. All these skills are central to a young person's preparedness to tackle problems that arise at work and in life beyond the classroom. But the reality is that many students are not familiar with basic mathematics concepts and, at school, only practice routine tasks that do not improve their ability to think quantitatively and solve real-life, complex problems.
How can we break this pattern? This report, based on results from PISA 2012, shows that one way forward is to ensure that all students spend more "engaged" time learning core mathematics concepts and solving challenging mathematics tasks. The opportunity to learn mathematics content - the time students spend learning mathematics topics and practising maths tasks at school - can accurately predict mathematics literacy. Differences in students' familiarity with mathematics concepts explain a substantial share of performance disparities in PISA between socio-economically advantaged and disadvantaged students. Widening access to mathematics content can raise average levels of achievement and, at the same time, reduce inequalities in education and in society at large.
The effective use of school resources is a policy priority across OECD countries. The OECD Reviews of School Resources explore how resources can be governed, distributed, utilised and managed to improve the quality, equity and efficiency of school education.
The series considers four types of resources: financial resources, such as public funding of individual schools; human resources, such as teachers, school leaders and education administrators; physical resources, such as location, buildings and equipment; and other resources, such as learning time.
This series offers timely policy advice to both governments and the education community. It includes both country reports and thematic studies.
Highly qualified and competent teachers are fundamental for equitable and effective education systems. Teachers today are facing higher and more complex expectations to help students reach their full potential and become valuable members of 21st century society. The nature and variety of these demands imply that teachers, more than ever before, must be professionals who make decisions based on a robust and updated knowledge base.
This publication presents research and ideas from multiple perspectives on pedagogical knowledge - the knowledge of teaching and learning - and the changing nature of the teaching profession. It provides a modern account of teachers' professional competence, and how this relates to student learning. The report looks at knowledge dynamics in the teaching profession and investigates how teachers' knowledge can be measured. It provides precious insights into 21st century demands on teacher knowledge.
This volume also offers a conceptual base for a future empirical study on teachers' knowledge. It will be a useful resource for those interested in understanding the different factors underlying high quality teaching through examining and outlining the complexity of the teaching profession. In particular, this publication will be of interest to teacher educators, educational leaders, policy makers and the research community.
Da extrema importância do direito policial no Estado de direito resulta a necessidade do seu estudo aprofundado.
Este Manual é uma exposição da polícia nas suas diferentes manifestações e organizações, da sua atividade e do seu regime jurídico
e que proporciona uma visão de conjunto do direito policial, nas perspetivas histórico-evolutiva, comparada, ordenacional e das forças de odem e segurança públicas.
Está dividido em quatro partes: A Parte I, onde é feita uma aproximação aos conceitos de polícia e uma análise histórica e comparatística da evolução da polícia ao longo dos tempos em diferentes sociedades; a Parte 2, dedicada às forças de segurança na sua relação com a Administração Pública, os tribunais e os entes privados; e a Parte 3, relativa à atuação policial em geral; e a Parte 4, dedicada à atuação das forças de segurança em especial. Fez-se um amplo e recorrente uso de notas de rodapé, com diversas intenções sobretudo com a preocupação de clarificação e complementação do texto principal.
O interesse do direito policial resulta, antes de mais, da necessidade de garantir condições de ordem e segurança públicas e os direitos e liberdades dos cidadãos. Esta necessidade, aliada à omissão doutrinária e ao deficiente quadro legislativo vigente em Portugal, são razões suficientes para destacar o interesse deste importante ramo de direito.
Mais do que simplesmente justificado, este Manual vem ao encontra da urgência de investigação nesta área jurídica em Portugal. Público alvo:
O direito policial interessa ao legislador, aos investigadores, aos profissionais do direito, especialmente advogados e magistrados, aos estudantes de direito e muito particularmente a todos aqueles que no dia a dia estão encarregados de aplicar a lei policial. Interessa igualmente ao cidadão em geral, não só porque assegura as condições de exercício dos direitos e liberdades, mas também porque incide simultaneamente sobre a limitação desse mesmo exercício. Assim, da extrema importância do direito policial no Estado de direito resulta a necessidade do seu estudo aprofundado.
Experiencia artística y vital de la incomunicación, la de Felisberto Hernández (Montevideo 1902-1964), es, sobre todo, reflejo conjetural de la soledad, en cuanto desarraigo de lo sublime, y manifestación inconclusa del rotundo fracaso humano y estético, existencial y ético, de la que se premura por actualizar las lecturas, un grupo de sus lectores apasionados, amigos de su literatura, deslumbrados día tras día por esas grandes mentiras que revelan las más auténticas verdades, cual son las narradas por el gran montevideano. Afanosos por actualizar la lectura desde la perspectiva de medio siglo que ha transcurrido entre su ocultamiento definitivo del mundo de los mortales, a demostración de que el afán de Felisberto por no ser nada, por no representar a nadie es, quizá, el modo más trivial y denso, más auténtico y legal, de ser y estar en el mundo. Esta certidumbre lo condujo a inventar narraciones con un único objetivo: develar, desvelar y fabular el mundo en hechos estéticos perdurables. Tan duraderos que hoy mueven a interpretaciones y lecturas inéditas como las que se presentan en este libro, de escritores, críticos y académicos invitados por las Universidades de Milán y de Bérgamo convocados por las funambelescas y sabias ocurrencias de Felisberto. Para inventar con él cómo, sin proponérselo o sin saberlo, alteraba la percepción y la visión, desencadenaba al subconsciente, torturaba al inconsciente, agudizaba la irreversibilidad de la lógica, tergiversaba su ciudad y al ser. Al hacer visible lo invisible, liberando la mente de la jaula de lo real, que es espantoso y no maravilloso, tanto cuanto la desesperanza y el abismo, y con humor del más negro, Felisberto subvertía el orden antinatural de las cosas. Y lograba renovar su única y más auténtica verdad: la poesía: el más útil y versátil instrumento para hacer memoria, para atajar, hoy, el avance de la vulgaridad y la obscenidad de la in-cultura neo-liberal.
The effective use of school resources is a policy priority across OECD countries. The OECD Reviews of School Resources explore how resources can be governed, distributed, utilised and managed to improve the quality, equity and efficiency of school education.
The series considers four types of resources: financial resources, such as public funding of individual schools; human resources, such as teachers, school leaders and education administrators; physical resources, such as location, buildings and equipment; and other resources, such as learning time.
This series offers timely policy advice to both governments and the education community. It includes both country reports and thematic studies.
The effective use of school resources is a policy priority across OECD countries. The OECD Reviews of School Resources explore how resources can be governed, distributed, utilised and managed to improve the quality, equity and efficiency of school education.
The series considers four types of resources: financial resources, such as public funding of individual schools; human resources, such as teachers, school leaders and education administrators; physical resources, such as location, buildings and equipment; and other resources, such as learning time.
This series offers timely policy advice to both governments and the education community. It includes both country reports and thematic studies.
Um trabalho de grande atualidade que tem por base um dissertação apresentada no curso de pósgraduação sobre o tema Direito Penal Fiscal/Evasão Fiscal. O autor expressa a sua visão quanto à necessidade do combate sem tréguas à Evasão e Fraude Fiscais e analisa a vertente legal do Direito Penal Fiscal como instrumento e aliado nesse mesmo combate. Evidencia ainda a actuação permissiva dos governos, com os RERT I, II, III, com a operação furacão e monte branco e revela informação quantitativa quanto ao impacto da Evasão e Fraude Fiscais nas contas públicas. Estrutura da obra Breve resenha histórica com evolução legislativa Contraordenações fiscais e crimes fiscais Razões para a criminalização do ilícito fiscal grave Criminalização do ilícito fiscal no Direito comparado As penas privativas da liberdade O Decreto-Lei 20-A/90, de 15 de janeiro, e o Decreto-Lei 15/2001, de 5 de junho Momento e lugar da prática da infração fiscal Atuação em nome de outrem e responsabilidade penal das pessoas coletivas Penas principais e penas acessória Concurso de crimes fiscais e de crimes comuns A prescrição do procedimento criminal Outros crimes O RGIT A evasão e fraude fiscais em Portugal O Orçamento de Estado para 2013 e a sua interferência no âmbito do rgit e Evasão e Fraude Fiscais.
The media play a crucial role in the protection of human rights. They expose human rights violations and offer an arena for different voices to be heard in public discourse. Free, independent and pluralistic media are a core element of any democracy. However, the power of the media can also be misused to the extent that the very functioning of democracy is threatened. Some media outlets have been turned into propaganda megaphones for those in power. Others have been used to incite xenophobic hatred and violence against minorities and other vulnerable groups.Now the phenomenon of social media presents us with a range of fresh challenges. Blogs, video and social networking sites have become a key forum for political debate and organisation - so much so that they have provoked counter-responses from some repressive states. While there is a need to ensure better protection of personal integrity in social media, the right to freedom of expression must not be undermined.The purpose of this publication is to contribute to a more thorough discussion on media developments and their impact on human rights in a constantly changing media landscape. Eight experts were invited to contribute their personal assessments of trends and problems. They have not shied away from addressing controversial issues or providing far-reaching suggestions. Together their texts indicate that there is a need for stronger protection of media freedom and freedom of expression in Europe today. These are clearly topics of paramount importance which demand serious public debate.
P.I.E-Peter Lang S.A., Éditions Scientifiques Internationales
10 July 2017
9782807604186
Recent years in Europe have been marked by efforts to introduce changes in labour law in order to boost employment, reduce labour costs and increase flexibility of national labour markets. The increased international competition has led to major labour law reforms in some European countries but the majority of national developments still indicate a rather limited reformist approach. Evolutionary rather than revolutionary efforts were initiated to balance the wage-setting mechanisms and to soften the dismissal law protection to create room for flexibility, to increase employment by promoting atypical forms of employment, to accommodate legal regulations to technological advances and the new types of economy. Accompanying social security measures intended to improve the efficiency of active labour market policies.
The current selection of academic contributions intends to provide an overview of recent developments in the legal regulation of labour markets in Eastern and Western European countries. The authors' contributions could not cover all the aspects of the current state of recent reformist efforts on the labour markets. However, by picturing separate developments in different European countries, it intends to assist in identifying regional similarities. Furthermore, it provides opportunities for exchange of ideas, experiences and practices for shaping labour law both at European and national level.
Companies today must consider and comply with competition law in their daily business management. The financial and reputational risks for breaching such rules are severe and the success of many merger and acquisition projects depends very much on it. While competition law rules become increasingly sophisticated, business people are still expected to comply with it. Rather than giving a theoretical approach that can be found in a typical practitioner’s book or textbook, «Day-to-Day competition law: a practical guide for businesses» is genuinely a practical book.
The interaction between theory and practice is the main feature of the book. Major competition law issues are explained in a jargon-free manner and summarized in a nutshell at the end of each chapter. Not only will the reader gain an understanding of competition law rules, but also will gain a better understanding on how a company can behave and what to do if it is subject to an investigation by the competition authorities. This practical guidance may serve as a platform for designing internal in-house rules governing behaviour in relation to competition law, and may also trigger a revision of such rules in light of some of the issues raised by the authors. While a particular focus is drawn on the EU – as the EU competition law system is replicated in a large number of countries around the world – reference to differing rules and other key jurisdictions such as the United States is also made.
This book is written to appeal to business people, as well as non-specialized in-house lawyers, and all those who wish to understand competition law in a clear and practical way. The authors’ experience in the field of competition law ranges from leading investigations on behalf of competition authorities to applying competition law in a major global company in its daily activities, and advising multinational clients of one of the world’s leading law firms. It is this professional insight which provides the reader with an invaluable inside view of all aspects of competition law, from the way authorities think to the impacts competition law has on businesses.
This book introduces the reader to key legal provisions and case-law related to the procedural and substantive issues that may arise in damages litigation for breach of anti-competitive agreements and abuses of a dominant position prohibitions.
For the past decade, academic publications have focused on the proposal for a Directive on damages actions, then the Directive 2014/104/EU of 26 November 2014 itself, and finally the transposition texts. However, this understandable interest should not lead to overlook the fact that the Directive has been applied very little until now. This is mainly due to its application ratione temporis. In addition to the fact that Member States only transposed the Directive between the end of 2016 and 2018, Article 22 of the Directive provides that the substantive rules contained in the Directive cannot be applied to infringements subsequent to the national laws transposing them, while the procedural rules of the Directive apply to proceedings commenced on or after 26 December 2014. Thus, it is prior domestic law that continues to govern the vast majority of cases before national courts in the "Pre-Directive era." In addition, a number of issues of the utmost importance have not been addressed by the Directive, such as questions of international jurisdiction or the quantification of "interests." For these reasons, it seemed necessary not to limit this book to commenting on the Directive, important as it is, but to go beyond it.
Directed by Rafael Amaro, this book contains the contributions from leading academics, attorneys, jurists and economists in the field of the private enforcement of competition law. It is composed of thematic chapters dealing with matters such as applicable law in international litigation, limitation, quantification of damages, from both a European Union and a national perspective, as well as national chapters presenting the state of play in several European States.
P.I.E-Peter Lang S.A., Éditions Scientifiques Internationales
7 November 2012
9783035262292
Since 2001, `quality of employment' has been at the core of the political, academic and practical agenda, and has fed a wide-ranging debate. For the first time, a scientific work takes stock of the legal and normative understanding of quality of employment in Europe. In order to develop an interdisciplinary dialogue, the book underlines the importance of law in the debate on quality of employment and suggests how European concepts and tools might be adapted to enrich scientific reflection by employing a rigorous legal approach. To this end, the authors analyse the relevance of the concept of quality of employment in international, European and comparative law, examining a range of topics such as collective and labour rights, social security, non-discrimination and equality at work. Lastly, the authors examine the topic from the `Capabilities' perspective, proposing concrete and realistic paths for maintaining the European concept of quality of employment and European social Law in the framework of the ILO Decent Work Agenda.
Il s'agit des travaux écrits du congrès mondial des huissiers de justice.
Lors de ce congrès (qui se déroule tous les 3 ans) qui se tient à Dubaï fin novembre on désire donner un aperçu de la profession au travers du monde et des pays. Il s'agit de montrer ici particulièrement quel a été l'impact du Covid et de quelle manière la profession a réagie surtout au niveau de la digitalisation. Il s'agit de montrer que l'humain n'est pas dissociable de la digitalisation dans une matière aussi sensible que l'exécution forcée.
Il s'agit de la première fois pour l'UIHJ de publier un ouvrage distribué au congrès qui sera disponible à la vente. Les résultats des travaux qui amènent à cet ouvrage sont cruciaux et important pour l'avenir de notre profession. L'expérience qui existe au sein de chacun des 93 membres de l'UIHJ est une richesse dont tout le monde doit s'inspirer dans un domaine aussi sensible que l'exécution forcée.
Par ailleurs nous constatons dans notre profession d'huissier de justice que notre monde est entouré de la digitalisation et qu'on assiste à une émergence de notions que nous avons du mal à cerner tel que Blockchain, AI, Big Data, Machine Learning... au début ces termes ne nous faisaient pas peur, depuis l'apparition de la justice prédictive, des smart contrat qui s'auto exécutent il est temps pour la profession de réagir.
L'ouvrage se veut donc le résultat de cette recherche à travers le monde afin de proposer des pistes et solutions concrètes de quelle manière l'huissier de justice peut-il enrichir la digitalisation dans un monde où on veut le contraire, c'est-à-dire promouvoir la fin des tiers de confiance.
The Global Forum on Transparency and Exchange of Information for Tax Purposes is the multilateral framework within which work in the area of tax transparency and exchange of information is carried out by over 100 jurisdictions which participate in the work of the Global Forum on an equal footing.
The Global Forum is charged with in-depth monitoring and peer review of the implementation of the standards of transparency and exchange of information for tax purposes. These standards are primarily reflected in the 2002 OECD Model Agreement on Exchange of Information on Tax Matters and its commentary, and in Article 26 of the OECD Model Tax Convention on Income and on Capital and its commentary as updated in 2004, which has been incorporated in the UN Model Tax Convention.
The standards provide for international exchange on request of foreseeably relevant information for the administration or enforcement of the domestic tax laws of a requesting party. "Fishing expeditions" are not authorised, but all foreseeably relevant information must be provided, including bank information and information held by fiduciaries, regardless of the existence of a domestic tax interest or the application of a dual criminality standard.
All members of the Global Forum, as well as jurisdictions identified by the Global Forum as relevant to its work, are being reviewed. This process is undertaken in two phases. Phase 1 reviews assess the quality of a jurisdiction's legal and regulatory framework for the exchange of information, while Phase 2 reviews look at the practical implementation of that framework. Some Global Forum members are undergoing combined - Phase 1 plus Phase 2 - reviews. The ultimate goal is to help jurisdictions to effectively implement the international standards of transparency and exchange of information for tax purposes.
All review reports are published once approved by the Global Forum and they thus represent agreed Global Forum reports.
For more information on the work of the Global Forum on Transparency and Exchange of Information for Tax Purposes, and for copies of the published review reports, please visit www.oecd.org/tax/transparency and www.eoi-tax.org.
The Global Forum on Transparency and Exchange of Information for Tax Purposes is the multilateral framework within which work in the area of tax transparency and exchange of information is carried out by over 100 jurisdictions which participate in the work of the Global Forum on an equal footing.
The Global Forum is charged with in-depth monitoring and peer review of the implementation of the standards of transparency and exchange of information for tax purposes. These standards are primarily reflected in the 2002 OECD Model Agreement on Exchange of Information on Tax Matters and its commentary, and in Article 26 of the OECD Model Tax Convention on Income and on Capital and its commentary as updated in 2004, which has been incorporated in the UN Model Tax Convention.
The standards provide for international exchange on request of foreseeably relevant information for the administration or enforcement of the domestic tax laws of a requesting party. "Fishing expeditions" are not authorised, but all foreseeably relevant information must be provided, including bank information and information held by fiduciaries, regardless of the existence of a domestic tax interest or the application of a dual criminality standard.
All members of the Global Forum, as well as jurisdictions identified by the Global Forum as relevant to its work, are being reviewed. This process is undertaken in two phases. Phase 1 reviews assess the quality of a jurisdiction's legal and regulatory framework for the exchange of information, while Phase 2 reviews look at the practical implementation of that framework. Some Global Forum members are undergoing combined - Phase 1 plus Phase 2 - reviews. The ultimate goal is to help jurisdictions to effectively implement the international standards of transparency and exchange of information for tax purposes.
All review reports are published once approved by the Global Forum and they thus represent agreed Global Forum reports.
For more information on the work of the Global Forum on Transparency and Exchange of Information for Tax Purposes, and for copies of the published review reports, please visit www.oecd.org/tax/transparency and www.eoi-tax.org.
