251 research outputs found

    To Justifie the Wayes of God to Men:Limits to the court's powers of interpretation

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    It has long been claimed in academic discussion that it should be possible for public interest organizations to initiate legal proceedings directly at an EU level. However, so it is argued, the only actor standing in the way of this development is the Court of Justice of the EU, as it has since 1963 interpreted EU law in such a way that it is in essence impossible for the public interest to defend itself before the Court. This presupposes a complete freedom for a court to determine which parties are able to address it. This complete freedom is however illogical, as the concept of standing, which is at issue here, is an important nexus in every legal order where historical and cultural developments meet. This PhD thesis attempts to provide insight into which factors actually limit a court, specifically the EU’s court, in interpreting standing requirements. By building on the work of Professor Feldman, the thesis argues that in the development of the European Economic Community into the European Union, it has always been an explicit choice by all parties involved to make it impossible for the Court to grant public interest organizations standing. However, I argue that when the Court sees and opportunity, when the Aarhus Convention and the Treaty of Lisbon enter into force, it uses these changed circumstances to give the public interest a chance. Not via a direct route, but by requiring Member States to make access to national courts as easy as possible

    To Justifie the Wayes of God to Men:Limits to the court's powers of interpretation

    Get PDF
    It has long been claimed in academic discussion that it should be possible for public interest organizations to initiate legal proceedings directly at an EU level. However, so it is argued, the only actor standing in the way of this development is the Court of Justice of the EU, as it has since 1963 interpreted EU law in such a way that it is in essence impossible for the public interest to defend itself before the Court. This presupposes a complete freedom for a court to determine which parties are able to address it. This complete freedom is however illogical, as the concept of standing, which is at issue here, is an important nexus in every legal order where historical and cultural developments meet. This PhD thesis attempts to provide insight into which factors actually limit a court, specifically the EU’s court, in interpreting standing requirements. By building on the work of Professor Feldman, the thesis argues that in the development of the European Economic Community into the European Union, it has always been an explicit choice by all parties involved to make it impossible for the Court to grant public interest organizations standing. However, I argue that when the Court sees and opportunity, when the Aarhus Convention and the Treaty of Lisbon enter into force, it uses these changed circumstances to give the public interest a chance. Not via a direct route, but by requiring Member States to make access to national courts as easy as possible

    To Justifie the Wayes of God to Men:Limits to the court's powers of interpretation

    Get PDF

    Oxytocin and state attachment responses to secure base support after stress in middle childhood

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    We tried to replicate the finding that receiving care increases children’s oxytocin and secure state attachment levels, and tested whether secure trait attachment moderates the oxytocin and state attachment response to care. 109 children (9-11 years old; M = 9.59; SD = 0.63; 34.9% boys) participated in a within-subject experiment. After stress induction (Trier Social Stress Test), children first remained alone and then received maternal secure base support. Salivary oxytocin was measured eight times. Secure trait and state attachment were measured with questionnaires, and Secure Base Script knowledge was assessed. Oxytocin levels increased after receiving secure base support from mother after having been alone. Secure state attachment changed less. Trait attachment and Secure Base Script knowledge did not moderate oxytocin or state attachment responses to support. This might mean that, regardless of the attachment history, in-the-moment positive attachment experiences might have a beneficial effect on trait attachment development in middle childhood.info:eu-repo/semantics/publishedVersio
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