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Major threats to the Spanish Constitutional Court’s independence and authority have come, first, from political parties and the media and, second, by the Catalonian secession movement. The authority and the legitimacy of the Constitutional Court were tested in the stormy
proceedings on the Statute of Autonomy of Catalonia of 2006 that ended in 2010 and, above all, in the period of 2013–2017, when successive acts directed at the secession of were recurrently Catalonia challenged before the Court and subsequently overturned, and to stop the continued disobedience its rulings the of Court was given extended execution powers for its judgments. These new powers include the temporary replacement of any authority or public official that does not comply with a Court’s ruling and the ordering of a substitutive execution through the central government. The Court declared the new powers to be consistent with the Constitution (with three dissenting votes by four constitutional judges) and it even used them for the first time to enforce its prohibition of the referendum on the independence of Catalonia of 1 October 2017. Nevertheless, the Venice Commission has raised doubts about the opportunity of those powers, which are unusual in European constitutional jurisdiction models. At the end, the Court’s powers were not enough to stop the Catalonian secession process, and on 27 October 2017 the state government implemented the federal coercion clause and suspended Catalonian autonomy until new elections were held.
Subject of this publication is torture as an interrogational instrument in criminal proceedings from a legal history point of view. Thereby, the paper at hand is the continuation of Volume I (published in 2014, number 68 of the Legal Policy Forum).
Volume II covers the following historical periods: Late Middle Ages and Early Modern Age; the latter ending with the 18th century as the so called Century of Enlightenment, being the actual beginning of the Modern Age in criminal law and criminal procedure law.
The paper ends with critical remarks against the predominant view that the torture's reign of terror in the former inquisitionsprozess merely was the inevitable consequence of the unreasonable kaw on evidence applicable at that time.
This doctoral thesis examines intergenerational knowledge, its antecedents as well as how participation in intergenerational knowledge transfer is related to the performance evaluation of employees. To answer these questions, this doctoral thesis builds on a literature review and quantitative research methods. A systematic literature study shows that empirical evidence on intergenerational knowledge transfer is limited. Building on prior literature, effects of various antecedents at the interpersonal and organizational level regarding their effects on intergenerational and intragenerational knowledge transfer are postulated. By questioning 444 trainees and trainers, this doctoral thesis also demonstrates that interpersonal antecedents impact how trainees participate in intergenerational knowledge transfer with their trainers. Thereby, the results of this study provide support that interpersonal antecedents are relevant for intergenerational knowledge transfer, yet, also emphasize the implications attached to the assigned roles in knowledge transfer (i.e., whether one is a trainee or trainer). Moreover, the results of an experimental vignette study reveal that participation in intergenerational knowledge transfer is linked to the performance evaluation of employees, yet, is susceptible to whether the employee is sharing or seeking knowledge. Overall, this doctoral thesis provides insights into this topic by covering a multitude of antecedents of intergenerational knowledge transfer, as well as how participation in intergenerational knowledge transfer may be associated with the performance evaluation of employees.
Subject of this publication is torture as an interrogational instrument in criminal proceedings from a legal history point of view. Thereby, the author makes a distinction between torturing the accused on the one hand and, on the other hand, torture as an instrument to force a witness' incriminating testimony against third parties (in German: Zeugenfolter), torture as a means to avert dangers (lifesaving torture), torture as an additional cruelty to the accused's punishment (in German: Straffolter), and corporal punlishment for lying in a court. Only the first manifestation, namely torturing the accused intending to extort his confession, is the real subject of this paper.
Although geographically it belongs to Europe, as far as the constitutionality control of the statutory provisions is concerned, Greece follows the American system. That means that there is no Constitutional Court and, on the contrary, every court (even those of first instance) are entitled, and indeed obliged, to control the constitutionality of the laws (Articles 87 par. 2 and 93 par. 4 of the Greek Constitution). The Greek Courts examine only the substantial and not the formal constitutionality of the statutory provisions. If a court comes to the result of the unconstitutionality, then the statutory provision is not annulled and removed from the legal order, but it is not applied by the court in the relevant court procedure. The only – rather rare – case where a statutory provision is erga omnes annulled is when this is ordered by a decision of the Highest Special Court (Article 100 of the Greek Constitution), following a disagreement between two of the three highest Courts, namely between Symvoulio tis Epikrateias (highest Administrative Court), Areios Pagos (Cassations Court in Civil and Criminal procedures) and Elegtiko Synedrio (Court of Audit).
The presentation is going to examine the origins of the Greek system of the constitutionality control. It will also focus on the advantages and disadvantages of the Greek system and on the scientific and political discussion. Last but not least, the presentation will examine the role of the Council of State, which, although formally not a Constitutional Court, in practice issues the vast majority of the court decisions which accept the unconstitutionality of statutory provisions.
This dissertation is dedicated to the analysis of the stabilty of portfolio risk and the impact of European regulation introducing risk based classifications for investment funds.
The first paper examines the relationship between portfolio size and the stability of mutual fund risk measures, presenting evidence for economies of scale in risk management. In a unique sample of 338 fund portfolios we find that the volatility of risk numbers decreases for larger funds. This finding holds for dispersion as well as tail risk measures. Further analyses across asset classes provide evidence for the robustness of the effect for balanced and fixed income portfolios. However, a size effect did not emerge for equity funds, suggesting that equity fund managers simply scale their strategy up as they grow. Analyses conducted on the differences in risk stability between tail risk measures and volatilities reveal that smaller funds show higher discrepancies in that respect. In contrast to the majority of prior studies on the basis of ex-post time series risk numbers, this study contributes to the literature by using ex-ante risk numbers based on the actual assets and de facto portfolio data.
The second paper examines the influence of European legislation regarding risk classification of mutual funds. We conduct analyses on a set of worldwide equity indices and find that a strategy based on the long term volatility as it is imposed by the Synthetic Risk Reward Indicator (SRRI) would lead to substantial variations in exposures ranging from short phases of very high leverage to long periods of under investments that would be required to keep the risk classes. In some cases, funds will be forced to migrate to higher risk classes due to limited means to reduce volatilities after crises events. In other cases they might have to migrate to lower risk classes or increase their leverage to ridiculous amounts. Overall, we find if the SRRI creates a binding mechanism for fund managers, it will create substantial interference with the core investment strategy and may incur substantial deviations from it. Fruthermore due to the forced migrations the SRRI degenerates to a passive indicator.
The third paper examines the impact of this volatility based fund classification on portfolio performance. Using historical data on equity indices we find initially that a strategy based on long term portfolio volatility, as it is imposed by the Synthetic Risk Reward Indicator (SRRI), yields better Sharpe Ratios (SRs) and Buy and Hold Returns (BHRs) for the investment strategies matching the risk classes. Accounting for the Fama-French factors reveals no significant alphas for the vast majority of the strategies. In our simulation study where volatility was modelled through a GJR(1,1) - model we find no significant difference in mean returns, but significantly lower SRs for the volatility based strategies. These results were confirmed in robustness checks using alternative models and timeframes. Overall we present evidence which suggests that neither the higher leverage induced by the SRRI nor the potential protection in downside markets does pay off on a risk adjusted basis.
The vision of a future information and communication society has prompted leading politicians in the United States, the European Union and Japan to influence or even lead the economic and social transition in the context of an active technology policy. The technological development of society, however, is a product of a complex interplay of technological, economic and socio-political constraints. These constraints limit the political decision-making and implementation abilities. Moreover, facts and information are continuously changing during a paradigmatic technological, economic and social shift, which limits political decision-making abilities. This study compares political decision-making to promote computer-mediated communications in the Triad since the beginning of the 1980s, on four levels: the development of a political vision, the long-term aims and strategies, technology policy (e.g. the promotion of technological development and competition policy) and regulatory policy (e.g. universal access, protection of privacy and intellectual property). While technology policy tends to be uncontroversial, during a paradigmatic shift regulatory policy is difficult and lengthy. Nevertheless, the inclusion of interest groups, which rise during this paradigmatic shift and which are close to the technologies and their societal consequences, help to aid decision-making processes. In this context, politics in the United States has been more successful that in the European Union and especially Japan. Although this study predates the rise of eCommerce over the Internet, it addresses many of the themes underlying it. Of these themes, many remain politically unsettled, both on national, supranational and especially international levels. For example, for encryption and secure payments, which are necessary for eCommerce, no international standards do yet exist. The issue of taxation has hardly been opened for discussions. In sum, this study does not only offer a historical overview of the development of the Internet, but it also discusses issues of continuing present concern.
The study at hand deals with madness as it is represented in English Canadian fiction. The topic seemed most interesting and fruitful for analysis due to the fact that as the ways madness has been defined, understood, described, judged and handled differ quite profoundly from society to society, from era to era, as the language, ideas and associations surrounding insanity are both strongly culture-relative and shifting, madness as a theme of myth and literature has always been a excellent vehicle to mirror the assumptions and arguments, the aspirations and nostalgia, the beliefs and values, hopes and fears of its age and society. Thus, while the overall intent of this study is to elucidate some discernible patterns of structure and style which accompany the use of madness in Canadian literature, to investigate the varying sorts of portrayal and the conventions of presentation, to interpret the use of madness as literary devices and to highlight the different statements which are made, the continuity, variation, and changes in the theme of madness provide an informing principle in terms of certain Canadian experiences and perceptions. By examining madness as it represents itself in Canadian literature and considering the respective explorations of the deranged mind within their historical context, I hope to demonstrate that literary interpretations of madness both reflect and question cultural, political, religious and psychological assumptions of their times and that certain symptoms or usages are characteristic of certain periods. Such an approach, it is hoped, might not only contribute towards an assessment of the wealth of associations which surround madness and the ambivalence with which it is viewed, but also shed some light on the Canadian imagination. As such this study can be considered not only as a history of literary madness, but a history of Canadian society and the Canadian mind.
