Dissertations / Theses on the topic 'Preliminary references'

Although social policy was once perceived to be solely within the purview of the nation state, there has been a move toward a more European social policy. The European Court of Justice for the European Communities (‘Court of Justice’ or ‘Court’) determines the scope of European law and how it affects national welfare states. The court’s decisions will affect not only the national law of the member states with regard to social policy but also the direction of European social policy as it expands. However, the ECJ does not choose the policy areas in which it makes its decisions, but instead reacts to the preliminary references that are sent by the national courts of the Member States. These preliminary references from the Member States will set the Court’s agenda. Preliminary references are unevenly distributed across the Member States of the EU, and some Member States’ preliminary references are concentrated in particular policy areas. The jurisprudence of the Court, and consequently the social policy of the EU, could be steered by this uneven distribution. This thesis will answer the threshold question of why scholars of social policy should care about the Court of Justice, with a legal analysis of some key themes in the Court’s decisions in the area of social policy. It will then employ a mixed methods research design to explain the variation in rates of social policy preliminary references from the EU-15. First, a Time Series Cross-Section (TSCS) model will be used to test a series of hypotheses generated from the literature, and three novel hypotheses, in a dataset of social policy preliminary references from the EU-15 from 1996 to 2009. Next, a Qualitative Comparative Analysis (QCA) (Ragin 2000) will group the variables that were found to be significant into sets of conditions, or ‘causal pathways,’ that lead to higher and lower rates of social policy preliminary references. Finally, two qualitative case studies will be conducted, in the UK and France. Analysis of documentary evidence and 25 expert interviews in the two member states and at the Court of Justice will further explain and illuminate the differing usage of preliminary reference process. The analysis of the mixed methods is integrated in the final stage. Implications for the direction of EU law related to social policy and the future development of European social policy will be considered in the concluding chapter.

CoordenaÃÃo de AperfeiÃoamento de NÃvel Superior
A presente pesquisa tem como objetivo propor uma noÃÃo preliminar de coerÃncia/coesÃo, considerando-a como um fenÃmeno que se constitui de uma conjunÃÃo de fatores abstraÃdos nÃo apenas da superfÃcie textual, e que, portanto, nÃo deve ser tomada como uma caracterÃstica inerente ao conteÃdo semÃntico do texto, e, sim, como o resultado de uma construÃÃo feita pelos interlocutores, numa situaÃÃo interativa dada pela atuaÃÃo de uma sÃrie de fatores de ordem cognitiva, situacional e interacional. Neste trabalho, os conceitos de coerÃncia e de coesÃo textual sÃo tidos como sendo um sà fenÃmeno, as duas faces de uma mesma moeda, coerÃncia/coesÃo, capaz de propiciar o sentido de um texto para quem o reconstrÃi. Para a reconsideraÃÃo teÃrica, (re)analisamos como podem contribuir para a constituiÃÃo da coerÃncia/coesÃo os fatores de textualidade propostos por Beaugrande e Dressler (1981) e os fatores de coerÃncia propostos por Koch e Travaglia (2008); os processos referenciais a partir da classificaÃÃo de CustÃdio Filho (2006) e de Cavalcante (2011); os estudos acerca da sequÃncia argumentativa composicional, descrita por Adam (1992); as âmeta-regrasâ de continuidade, progressÃo, nÃo contradiÃÃo e relaÃÃo, propostas por Charolles (1978); assim como as discussÃes acerca da aplicaÃÃo da noÃÃo de tÃpico discursivo em redaÃÃes escolares, desenvolvida por Alencar (2009). Os resultados apontam que todos esses fatores, em conjunto, devem ser considerados na avaliaÃÃo da coerÃncia/coesÃo de um texto. Isso fez com que analisÃssemos 20 redaÃÃes de natureza dissertativo-argumentativa dos alunos prÃ-universitÃrios. Dentre outros resultados, observamos como as expressÃes referenciais poderiam proporcionar alguns fatores geradores da coerÃncia/coesÃo propostos, tais como a continuidade textual, a progressÃo textual, a nÃo contradiÃÃo, entre os elementos internos e externos ao texto, alÃm da continuidade ou descontinuidade do tÃpico discursivo a ser seguido ao longo da estrutura textual.
The present research aims to propose a preliminary notion of on the concept of cohesion/coherence, considering it a phenomenon constituted of a conjunction of different facts abstracted not only from the textual surface, and therefore cannot be taken as an inherent characteristic of the text semantic content, but as the result of a construction made by the interlocutors, in a situation of interaction created for the actuation of vary factors of cognitive, situational and interactional types. In this research, the concepts of cohesion and coherence are taken as a singular phenomenon, both faces of a coin, coherence/cohesion, capable of propitiate the meaning of a text to the one who rebuilds it. To the theoretical reconsideration of our work, we (re)analyzed how several issues can contribute to the conceptualization of coherence/cohesion, they are: the factors of textuality proposed by Beaugrande and Dressler (1981); the factors of coherence by Koch and Travaglia (2008); the referential processes in the classification of CustÃdio Filho (2006) and Cavalcante (2011); the studies about compositional argumentative sequence described by Adam (1992); the âmeta-rulesâ of continuity, progression, non-contradiction and relation proposed by Charolles (1978); besides the discussions on the application of the notion of discursive topic in written productions by Alencar (2009). The results from these studies suggest that all these factors, together, must be taken into consideration at the moment that the coherence/cohesion of a written text is being evaluated. This made that we analyzed 20 (twenty) written productions of a dissertative-argumentative type, from students in the third year of high-school, university applicants. Among other results, we have observed how the referential expressions could provide some generative factors of coherence/cohesion proposed, such as the textual continuity, the textual progression, the non-contradiction, between the internal and external elements of the text, besides the continuity or discontinuity of the discursive topic to be followed along the textual structure.

The purpose of this study was to investigate preliminary psychometric normative data of an English dynamic assessment of narrative language for a group of diverse school-age students with and without language disorder. This study included 364 diverse students with and without language disorder ranging from kindergarten through 6th grade. Students were confirmed as having a language disorder if they had an existing active IEP for language, and scores below a certain cutoff point on a nonword repetition (NWR) task and the narrative language measure (NLM). English language proficiency was investigated, and students were classified as being a dual language learner (DLL) based on student, teacher, or parent report of diverse home language, and poor performance on an English narrative language assessment. Participants were administered a nonword repetition task (NWR), the Narrative Language Measure (NLM), and the Dynamic Assessment of Oral Narrative Discourse (the DYMOND). Data were analyzed within groups of typically developing students and students with a language disorder to identify statistically different mean modifiability and posttest scores given various demographic factors. Results of this study indicate that modifiability and posttest scores for typically developing students were not found to be statistically different given gender or school location, however, significant differences were noted given grade and level of English proficiency or DLL status. The group of students with a disorder demonstrated no statistically different mean modifiability scores given any demographic factor. Students with a language disorder demonstrated significantly different mean posttest scores given school location and English proficiency and DLL status. Results from this study are consistent with previous dynamic assessment research in demonstrating excellent classification accuracy in culturally and linguistically diverse (CLD) populations. Students may benefit from a norm-referenced dynamic assessment of narrative language in order to provide less-biased standardized forms of assessment for CLD populations.

The purpose of this analysis was to construct a preliminary scale of reference values for reactive strength index-modified (RSImod). Countermovement jump data from 151 National Collegiate Athletic Association (NCAA) Division I collegiate athletes (male n = 76; female n = 75) were analyzed. Using percentiles, scales for both male and female samples were constructed. For further analysis, athletes were separated into four performance groups based on RSImod and comparisons of jump height (JH), and time to takeoff (TTT) were performed. RSImod values ranged from 0.208 to 0.704 and 0.135 to 0.553 in males and females, respectively. Males had greater RSImod (p < 0.001, d = 1.15) and JH (p < 0.001, d = 1.41) as compared to females. No statistically significant difference was observed for TTT between males and females (p = 0.909, d = 0.02). Only JH was found to be statistically different between all performance groups. For TTT no statistical differences were observed when comparing the top two and middle two groups for males and top two, bottom two, and middle two groups for females. Similarities in TTT between sexes and across performance groups suggests JH is a primary factor contributing to differences in RSImod. The results of this analysis provide practitioners with additional insight as well as a scale of reference values for evaluating RSImod scores in collegiate athletes.

The thesis deals with the preliminary reference procedure. There is outlined not only the characteristic of this procedure or its evolution, but also the interpretation of the term "court or tribunal of a Member State" or the Exceptions to the Duty to Refer. The following chapters are concerned with the statistical curiosities of the preliminary reference procedure or the ways of how to make this procedure more efficient. The last chapter is analysing the preliminary reference procedure from the Czech law's point of view. It deals with some Czech institutions as courts of the Member State, procedural aspects of this procedure or study of the Czech preliminary references. It also contains some cases of The Constitutional Court of the Czech Republic regarding with this procedure.

Dissertação de Mestrado Integrado em Medicina Veterinária
Dada a crescente procura do coelho como animal de companhia e maior cuidado por parte dos tutores – que reflete uma contínua evolução na quantidade e qualidade da informação disponível –, a longevidade destes animais aumentou. Apesar de este aspeto ser positivo, acarreta um aumento no número de casos de doenças tipicamente geriátricas, entre elas a cardíaca. Visto que a radiografia é um exame prático e pouco dispendioso, e a alteração das dimensões cardíacas é um dos sinais de doença cardiovascular, a análise radiográfica da silhueta cardíaca representa uma ferramenta complementar de diagnóstico valiosa para o clínico, tornando-se premente aprofundar o conhecimento nesta área. Esta dissertação pretende contribuir para o estudo radiográfico da silhueta cardíaca do coelho, ao explorar métodos de aferir a normalidade do seu tamanho – o índice cardiovertebral (VHS), o rácio cardioesternal (RCE), o rácio entre o tamanho do coração e a altura da entrada da cavidade torácica (RAT) e o rácio cardiotorácico (RCT) –, estabelecendo intervalos de referência para os mesmos, bem como investigar a importância de um bom posicionamento neste tipo de análise. Para tal, foram realizadas radiografias torácicas a vinte e quatro coelhos, sob anestesia geral, nas projeções ventrodorsal e lateral direita. Os intervalos de referência obtidos resultaram de imagens radiográficas nas quais o animal foi meticulosamente posicionado, ao passo que o estudo de posicionamento efetuado consistiu na comparação destas imagens com outras, dos mesmos animais, onde não foi utilizado qualquer tipo de contenção física. Determinou-se um VHS de referência entre 6.5 a 8.2 vértebras; para o RCE um intervalo de 1.26 a 1.76; para o RAT de 2.80 a 3.56; e para o RCT de 0.42 a 0.76. A altura da entrada da cavidade torácica foi a estrutura anatómica que apresentou correlação mais forte com o tamanho da silhueta cardíaca, tornando o RAT o método preferencial entre os considerados. O RCT não demonstrou ser uma boa ferramenta para uso nesta espécie, visto que a largura do tórax não revelou associação significativa com a da silhueta cardíaca. Constatou-se que um posicionamento pouco cuidadoso pode influenciar a medição do eixo longo da silhueta cardíaca, na projeção lateral direita, bem como o resultado do VHS, reforçando a importância de um bom posicionamento na realização de exames radiográficos desta índole.
ABSTRACT - Preliminary study of the radiographic reference values for the cardiac silhouette in the rabbit (Oryctolagus cuniculus) – The influence of positioning - Given the growing search for rabbits as pets and greater care on behalf of owners – which reflects the continuous evolution in the amount and quality of available information –, the lifespan of these animals is now longer. Even though this is a positive aspect, it carries a rise in the number of cases of typically geriatric diseases, being cardiac disease amongst them. Since radiography is a practical and inexpensive exam and the change in cardiac size is one of the signs of cardiovascular disease, the radiographic analysis of the cardiac silhouette represents a valuable complementary diagnostic tool for the clinician, making the improvement of knowledge about this subject an urgent matter. This thesis aims to contribute to the radiographic study of the rabbit’s cardiac silhouette, by exploring methods to evaluate its size – the vertebral heart score (VHS), the cardiosternal ratio (RCE), the ratio between heart size and the height of the thoracic inlet (RAT) and the cardiothoracic ratio (RCT) –, establishing reference intervals for them, as well as investigating the importance of a good positioning in this kind of analysis. To achieve this, chest radiographs from twenty-four rabbits were taken, under general anaesthesia, in the ventrodorsal and right lateral projections. The reference intervals were calculated using radiographic images in which the animal was meticulously positioned, while the positioning study consisted in comparing these images with others, from the same animals, where no physical restraint was used. The determined reference values were a VHS between 6.5 and 8.2 vertebrae; an RCE from 1.26 to 1.76; RAT from 2.80 to 3.56; and RCT between 0.42 and 0.76. The height of the thoracic inlet was the strongest correlated anatomical structure with the cardiac silhouette’s size, making RAT the preferred method amongst the ones considered. The RCT didn’t prove to be a useful tool for this species, since the thoracic width didn’t show a significant association with the cardiac silhouette’s width. It was found that a careless positioning can influence the cardiac silhouette’s long axis measurement in the right lateral projection, as well as the VHS result, emphasizing the importance of good positioning while performing this kind of radiographic exam.
N/A

Procédure de juge à juge non contentieuse, le renvoi préjudiciel consiste en une voie de droit qui permet à toute juridiction nationale d’interroger la Cour de justice de l’Union européenne sur l’interprétation du droit de l’Union et sur la validité des actes des institutions européennes. Laissée à la discrétion des juridictions nationales, ou parfois imposée, cette procédure n’est enfermée dans aucun délai particulier. Se pose alors la question du temps, envisageable de différents points de vue, qu’il s’agisse des parties, de la juridiction nationale à l’origine du renvoi et de la Cour de justice en charge du traitement.Il s’agit d’un sujet tout à la fois récurrent et d’actualité, dans la mesure où, notamment, la procédure préjudicielle d’urgence a vu le jour récemment et où les statistiques de la Cour de justice ne cessent de rendre compte des efforts déployés sans relâche pour diminuer les délais de procédure. De même, le nouveau règlement de procédure de la Cour de justice s’efforce de rendre cette procédure aussi célère que possible. La procédure préjudicielle se prête particulièrement à une étude introduisant la dimension temporelle pour de nombreuses raisons. Pour n’en citer qu’une : le délai de la réponse préjudicielle s’ajoute aux délais nationaux, ce qui, selon la position de la juridiction de renvoi, au sein de son ordre, et selon le type de procédure pendant, ouvre de vastes pistes de réflexion. Il ne s’agit pas d’expliquer la procédure préjudicielle uniquement par des considérations d'ordre temporel, mais d’observer cette procédure en prenant en compte les différentes manières dont le temps, au sens juridique du terme, joue un rôle dans cette procédure.Cette thèse développe ainsi deux idées principales : la prise en compte du temps préjudiciel par les juridictions nationales (partie I) et la prise en compte du temps préjudiciel par la Cour de justice (partie II)
As a non-litigious court procedure, the reference for a preliminary ruling is a legal remedy that enables any national court or tribunal to refer questions to the Court of Justice of the European Union on the interpretation of Union law and on the validity of acts of the European institutions. Upon discretion of national courts, or sometimes imposed to them, this procedure is not locked up within any particular time frame. This raises the question of time, which may be regarded from different points of view, whether it is one of the parties, of the national court at the origin of the referral, or of the Court of Justice in charge of the processing. The subject is both recurrent and topical, since, in particular, the urgent preliminary ruling procedure has recently emerged and because the statistics of the Court of Justice show constant and countless efforts to reduce the length of the proceedings. Similarly, the new Rules of Procedure of the Court of Justice endeavour to make this procedure as fast as possible.The preliminary ruling procedure is particularly suitable for a study introducing the temporal dimension for many reasons. To mention only one: the time for the preliminary ruling procedure comes in addition to the national duration of the trial. This suggests many lines of thought, considering the position of the referring court, within its order, and depending on the different types of courts in general. The goal of the reflexion is not of explaining the preliminary ruling procedure solely by temporal considerations, but of observing this procedure taking into account the different ways in which time, in the legal sense of the term, plays a role in this procedure.This thesis thus develops two main ideas: the taking into account of the prejudicial time by the national courts (or judges) (part I) and the taking into account of the prejudicial time by the Court of justice (part II)

The aim of this thesis is catch a comprehensive procedure of the Czech republic during the defense of national interests in proceedings before the Court of Justice of the EU. First the thesis characterizes methods of the Agent during his representation of the Czech republic before institutions of the EU. After that the thesis characterizes the most important institution for the thesis, the Court of Justice of the EU. In thesis reader can read about the most important references for a preliminary ruling, that the Czech republic took part in. The second largest chapter deals with Infrigement proceedings. The thesis ends with summary of others proceedings.

Paradoxalement peu étudiée, la subsidiarité juridictionnelle constitue une dimension essentielle de l’intégration européenne, tant il est acquis que les ordres juridiques de la Convention européenne des droits de l’homme et de l’Union européenne sont fondés sur la compétence de principe du juge national et la compétence subsidiaire du juge européen dans l’application et le respect de leurs droits respectifs. La subsidiarité juridictionnelle y joue en effet un rôle essentiel du fait des fonctions de répartition et de régulation des compétences juridictionnelles qu’elle occupe. Cette recherche se propose donc, dans un premier temps, d’identifier la subsidiarité juridictionnelle afin de prendre la mesure de son rôle dans l’intégration européenne. La crise juridictionnelle qui bouleverse la construction européenne conduit ensuite à réinterroger les relations entretenues entre la subsidiarité juridictionnelle et l’intégration européenne. Si la première était jusqu’alors une condition de l’existence et du fonctionnement de la seconde, l’exercice de la subsidiarité juridictionnelle est au cœur des revendications nationales, qui en exigent le rééquilibrage à leur profit. Face à l’engorgement des prétoires des Cours européennes et à la contestation nationale à leur encontre, les solutions opérationnelles sont donc recherchées dans la subsidiarité juridictionnelle. La régulation du contentieux qu’elle permet doit ainsi s’effectuer au bénéfice des deux niveaux de juridiction. Cette recherche propose donc, dans un second temps, d’observer l’exercice ambivalent dont la subsidiarité juridictionnelle fait l’objet dans ce contexte de crise, et qui confirme, sur des fondements nouveaux, son caractère indispensable à la poursuite de l’intégration européenne
Paradoxically little studied, judicial subsidiarity constitutes an essential dimension of European integration, as the legal orders of the European Convention of Human rights and of the European Union are based on the jurisdiction of principle of the national judge and the subsidiary jurisdiction of the European judge in the application and respect of the law issued from them. Indeed, judicial subsidiarity plays an essential role due to its functions of distribution and regulation of jurisdiction. This research therefore proposes, first of all, to identify judicial subsidiarity to assess its role in European integration. The judicial crisis disrupting the European construction then leads to re-examine the relationship between judicial subsidiarity and European integration. While the former was until then a condition of the existence and functioning of the latter, the exercise of judicial subsidiarity is now at the core of national demands, who require a rebalancing to their advantage. In the face of bottlenecks observed in European courtrooms and the national contestation against them, operational solutions are sought in judicial subsidiarity. The regulation of litigation that it enables thus must be carried out for the benefit of both levels of jurisdiction. This research therefore proposes, as a second step, to examine the ambivalent exercise of judicial subsidiarity in this context of crisis, which confirms, on new grounds, its indispensable character for the pursuit of European integration

碩士
東吳大學
音樂學系
91
【Concertino Pianissimo】 concluded the three preceding periods of Dr. Yang’s career in music composition, that demonstrates his introspection and maturation of his music and life. We can now distinguish accordingly how the transformation of Yang’s ideological trend goes from composition of musical autonomy to the practice of symbolic sign in heteronomy. Based on 【Concertino Pianissimo】 as musical text, and its music as symbol of the musician’s expression to his contemplation of life, in this dissertation, the author was trying to explore even the most insignificant sentiment and reminiscence carried out in the music, and how the musician employed sign and form to create a masterpiece so self-conscious and yet so moving. To excavate into the root of the music, this dissertation took Ernst Cassirer’s symbolisms as theoretical foundation, to exploit the hidden meaning within the signs. In the mean while, the author also involved rational explanation of form and straightforward conception, in order tot perceive the spiritual content of the signs. Human are animals of signs. The realization and creation of signs depend on the process of recollection. In other words, we need the recollection of signs in order to look into ourselves, and to search for our true selves. Art is certainly not the only prospect of the signal recollection. But through the works of artists, the inspiration stimulated by our daily lives are able to present themselves as poetic form of signs, this creation of art leads us to more in depth insight and awareness. We are thus able to perceive the most significant and most complicated commotion of our minds through the symbolic meanings behind the signs. 1.Johannes Brahms: Academic Festival Overture, Op. 80 2.Felix Mendelssohn: Violin Concerto, e minor, Op.64 3.楊聰賢: 西北有高樓 (世界首演) 4.Wolfgang Amadeus Mozart: Symphony No. 39, E-flat Major, K. 543

Dissertação de mestrado em Direito da União Europeia
O presente trabalho buscará efetuar uma investigação relativa ao mandado de injunção e ao reenvio prejudicial enquanto mecanismos que (podem atuar) como operativos de um controle de constitucionalidade e que poderão ter a virtualidade de possibilitar uma maior participação democrática no contexto jurisdicional brasileiro e da União Europeia. A pesquisa se insere na área de concentração do PPGD da UNISC, na linha de pesquisa do Constitucionalismo Contemporâneo, assim como das pesquisas realizadas na Uminho no mestrado em Direito da União Europeia, mais especificamente na linha de Investigação “Estudos em Direito da União Europeia”. Esta se estenderá até a análise da forma como ambos os mecanismos contribuem, ou podem contribuir, para o alargamento e defesa da democracia, na sua dimensão material, relacionada com a efetivação dos direitos fundamentais em cada contexto. Assim, o problema da pesquisa se concentrará nos seguintes questionamentos: 1) O mandado de injunção e o reenvio prejudicial funcionam eficientemente como mecanismos de fiscalização da constitucionalidade? Do mesmo modo, podem eles laborar materialmente como garantidores de direitos fundamentais proclamados em cada uma das ordens jurídicas chamadas à colação? 2) tais mecanismos servem como instrumentos tendentes ao aprofundamento do exercício democrático? A hipótese a ser trabalhada nesta pesquisa está assente na ideia de que, enquanto o reenvio prejudicial funciona como um mecanismo essencial para o exercício de algum controle de constitucionalidade a nível da União, nomeadamente em termos de fiscalização concreta, incidental e difusa, através do controle de validade que possibilita, contribuindo ainda para o estabelecimento de um judicial review sui generis, o mandado de injunção, em especial pela forma como foi tratado pelo legislativo e pelos posicionamentos adotados pelos tribunais, vai em sentido contrário, ou ao menos, não tem alcançado os mesmos êxitos que o reenvio prejudicial. No mesmo sentido, se buscará delinear os contornos que ambos os institutos possuem em seus ordenamentos jurídicos, de forma a demonstrar a capacidade que têm, ou poderiam ter, enquanto viabilizadores de uma participação democrática por meio da busca pela efetivação de direitos e garantias fundamentais trazidas pelos respetivos textos constitucionais que se encontram nas duas latitudes em apreço. Para responder aos questionamentos delineados na presente pesquisa, será utilizado o método hipotéticodedutivo, bem como utiliza-se o método de procedimento monográfico, pois disserta-se minuciosamente a respeito do tema eleito. Finalmente, emprega-se a técnica de pesquisa bibliográfica pela documentação indireta, pela qual se buscam elementos para a investigação do tema em livros especializados, em artigos científicos constantes de revistas jurídicas e no normativo pátrio e europeu. Os resultados apontam que o mandado de injunção não tem servido aos fins originalmente traçados, bem como pouco tem auxiliado os brasileiros na busca e efetivação de direitos fundamentais e no alargamento da participação democrática, já o reenvio prejudicial, mesmo com algumas amarras e dentro de algumas limitações, tem servido bem como mecanismo de controle abstrato de constitucionalidade, e possibilitado, ainda que indiretamente, que os cidadãos europeus participem do jogo democrático a nível da União.
The present work will seek to investigate the injunction and the reference for a preliminary ruling as mechanisms that (may act) as operatives of a constitutional control and which may have the potential to allow greater democratic participation in the Brazilian and European Union jurisdictional context. The research is related to the concentration area of the PPGD of UNISC, in the research line of Contemporary Constitutionalism of the program, as well as the research carried out at Uminho in the European Union Law Master, more specifically in the Research in Studies in European Union law. The research extends to an analysis of how the two factors contribute, or contribute, to the increase and defense of democracy, in its material dimension, with the realization of fundamental rights in each context. Thus, the research problem focuses on the following questions: 1) Do the injunction and the reference for a preliminary ruling function effectively as mechanisms for reviewing constitutionality? Likewise, they may laboring materially as guarantors of fundamental rights proclaimed in each of the jurisdictions called into play? 2) Do these mechanisms serve as instruments to deepen the democratic exercise? The hypothesis to be worked on in this research is based on the idea that, while preliminary ruling acts as an essential mechanism for the exercise of some constitutionality control at Union level, namely in terms of concrete, incidental and diffuse supervision through of validity that makes it possible, contributing to the establishment of a judicial review sui generis, the injunction, especially for the way it was treated by the legislature and the positions adopted by the Courts, goes in the opposite direction, or at least it achieved the same success as the preliminary reference. Similarly, it will seek to outline the contours that both institutions have in their legal systems, in order to demonstrate the ability they have, or could have, as enablers of democratic participation by seeking the enforcement of rights and guarantees brought by the respective constitutional texts that are in the two latitudes under consideration. To answer the questions outlined in this research, the hypothetical-deductive method will be used, as well as the method of monographic procedure, because it is thoroughly discussed about the chosen theme. Finally, we use the technique of bibliographical research through indirect documentation, which seeks elements for the investigation of the theme in specialized books, scientific articles in legal journals and in the national and European regulations. The results indicate that the injunction has not served the originally intended purposes, as well as has not helped the Brazilians in the search and implementation of fundamental rights and in the broadening of democratic participation, while the preliminary references, even with some strings attached and within. Some limitations have served well as a mechanism for abstract control of constitutionality and have enabled, albeit indirectly, European citizens to participate in the democratic game at Union level.

Preliminary References in Civil and European procedural law JUDr. Štangová Eva 1 Abstract (EN) The main purpose of this doctoral thesis was to provide an comprehensive analysis of the Preliminary questions under Slovak and Czech national legislations and to provide the same analysis of Preliminary questions under Treaties and Legislation of European Union Law (hereinafter referred to as "Union law"). This analysis shall cover both, Slovak and Czech code of judicial procedure which have the same numerical designation as Act No. 99/1963 Coll. and are known as Code of civil procedure (hereinafter referred to as OSP) in Slovakia and Code of civil procedure (hereinafter referred to as OSŘ) in the Czech Republic as well. The research in this thesis is structurally divided into 5 independent chapters. Using bellow stated research methods and science procedures; each part focuses on different context of preliminary questions. The first two chapters focus the historical context, concept, importance and scope of the preliminary questions under legislation of Czech and Slovak Republic. This chapter also outlines the normative legal regulations of these issues in the "de lege lata" status. At the same time, the author pays more attention to the eligibility of preliminary questions to be considered as preliminary ones,...

碩士
國立臺灣大學
工業工程學研究所
101
Knowledge management is a maturing management tools. Its significant mentions in literature started from three decades ago, in 1970s. Knowledge management is repeatedly reported brings financial and competitive advantage. There are even awards (Most Admired Knowledge Enterprises or MAKE) given to best knowledge-based practice companies. Since we have evidenced the strong power of knowledge management from publications and reports, in this thesis, we are going to explore what knowledge management (KM) is from various researchers’ point of view and definition, what are key success factors (KSFs), what KSFs really determine the successful implementation of it. Moreover, we also studied the implementation reference models. This study of KM implementation reference models are accompanied with fruitful types of knowledge-management related resources. This thesis comprises two papers, each with different subtopic of KM. The first portion is about the classification of key success factors of knowledge management and knowledge sharing into MAKE Award’s criteria and what are the implications. The last portion portrays knowledge management implementation reference models from experts’ point of view.

碩士
國立臺灣師範大學
國際時尚高階管理碩士在職專班
107
In 2017, the retail industry in Taiwan faced political and economic factors such as a slowdown in revenue growth, one flexible day off per week, and raise in basic wages. This caused pressure on management and rising operation costs. Changes in consumer demand and consumption patterns are also directly impacting operation results of retail channel. For footwear retail industry, international brands such as Nine West (U.S. brand), Belle (Chinese Brand), and Daphne (Taiwan brand) are all facing with bankruptcy liquidation, delisting and/or revenue plunging situation. Taiwanese shoe brands need to be wary and quickly finding out reasons of success and failure, as well as core values and how to adapt to volatile markets, in order to survive in the rapid changing world. The author has more than one decade of employment service in A.S.O, which is one of the leading shoe retail channels in Taiwan. In this report, the author use A.S.O as real case study, to explore possibilities and options in diversifying commodity products to create customized personal services, developing and communicating health-values with professional consultants, upgrading retail layout and store service models, and innovating foot care with long-term R & D, which eventually help innovating and transforming the company for long-sustaining success in the footwear retail market. The author categorize the exploration study into three core transformation strategies - innovative research and development, optimization store experience, and upgrading service touching points. Finally, hope this practical case study can provide guidelines and suggestions for successful transformation of Taiwan's traditional footwear retailing, and help to promote the development of health consciousness in the service industry as well as creating new retail propositions for the New Retailing era to come.

Dissertation submitted in partial fulfillment of the academic requirements for the Master of Technology Degree: Graphic Design, Durban Institute of Technology, 2004.
This project has investigated African graphic systems, both writing systems and systems of symbolic graphics. These systems are commonly used in Graphic Design, but those of African origin have been largely ignored in both the applied discipline, and in its History and Theory. The project has attempted to explain this in historical and theoretical terms: its motivation is described in terms of countering the exclusion of African visual culture in the face of historical and ideological factors such as colonialism and globalisation. The project's research aims were to collect as much information as feasible on these systems; and to classify them according to such criteria as their language or cultural group, their location, and the functional nature of the systems. From this body of information a smaller number of representative systems were selected for further description and discussion, in order to highlight the variety of systems existing in Africa, their historical development, and techniques and materials used. These selected systems were then used as inspiration and raw material for a body of applied Graphic Design work, which is intended to provide a visual introduction to the material, and to promote and advocate the revaluation of this cultural material. Information has mainly been gathered by means of library and internet search, in order to establish approximately the extent of the literature in the public sphere. Because of the obscurity of most of this information, it has been gathered from such other disciplines as Linguistics, Anthropology, or History. The project has established the existence of a large number of graphic symbols and systems, and gathered a body of literature and references about them. Many are poorly documented, if at all, and even those for which extensive literature
M

The purpose of this study was to evaluate the effectiveness of the committee of preliminary inquiry (in the context of professional conduct committees) of the Health Professions Council of South Africa, with specific reference to maxillo-facial and oral surgery. An evaluation was done of cases that were referred by the committee for preliminary inquiry to this specific professional conduct committee of the Medical and Dental Professions Board. Where necessary, these cases were supplemented by relevant cases from other professional conduct committees. In order to achieve this goal, a comprehensive literature study was conducted on the broad concept of medical and dental misconduct and negligence. Specific attention was paid to the issues of expert testimony and witnesses and consent. Furthermore, a study was conducted to determine the legal framework in which these committees are supposed to function. In the cases where inquiries into the complaints against the registered practitioners followed, a detailed evaluation of the so-called legal process was done, as well as the findings in each case (in the context of the professional conduct committees). The results of this study have shown that the investigative system of the committee for preliminary inquiry preceding professional conduct inquiries into complaints against registered practitioners has certain shortcomings, especially in the more complex cases. The following proposals have been made (in order of most importance): 1. Both the committee for preliminary inquiry and professional conduct committee must abide by the rules of natural justice, as pertained in the Constitution of the Republic of South Africa. 2. Establishment of a Forum of Expert Witnesses that will evaluate all cases of alleged professional misconduct and negligence pertaining to the field of maxillo-facial and oral surgery, after it was evaluated and referred by the Ombudsman. 3. Appointment of a maxillo-facial and oral surgeon as Ombudsman to evaluate all cases brought before the committee for preliminary inquiry pertaining to the field of maxillo-facial and oral surgery. 4. Acceptance of the proposed test of medical negligence, i.e. the ‘reasonable person’s test’, subjected to that of the ‘reasonable specialist’ as standard for evaluation of cases of alleged negligence in maxillo-facial and oral surgery. 5. The proposed patient’s consent form serves as an example of a legitimate patient consent form. It follows that the legal requirements, especially in cases of extensions and deviations of medical interventions, must be adhered to. 6. It is advisable to belong to an organisation providing indemnity cover (such as Medical/Dental Protection Society) in order to receive proper assistance in the handling of these cases of alleged unprofessional/disgraceful conduct. The recommendations consequential to this study would provide a more streamlined, cost- and time effective investigative system to investigate claims of unprofessional conduct for possible further disciplinary action.
Thesis (PhD (Dentistry))--University of Pretoria, 2006.
Maxillo-Facial and Oral Surgery
unrestricted

碩士
國立臺灣大學
工業工程學研究所
92
Because of Time''s resoluiton and better standard level of life, people''s economic activities changed gradually from the industry stage by labor-intensive to the knowledge-intensive. The rich asset or the large land is just one of the competitive advantage of enterprise. If enterprise can use the intellectual capital well and let it become a better weapon, enterprise will become competitive. Because of high manpower turn over rate, enterprise will lose some key knowledge invisibly. These key knowledge are under intense circumstance. They are regarded as important asset because enterprise can''t survive without them. Otherwise, because of the age of information explosion, enterprise must put an emphasis on how to manage and analyize data by information technology. For instance, we have to make data become useful information and transform them into knowledge of organization or employee. Today is at the age of knowledge economy. According to literature review , this research analyized enterprise how to guide data mining technologies based on knowledge management. Taiwan Knoeledge Window aims at knowledge portal in Taiwan and supports the knowledge-sharing platform for the industry, the government, and the research institutes. Constructing knowledge-sharing platform supported by the network will help the storage, the classification, diffusion, and inspiration of knowledge. The main purposes of this research focus on three following conclusion based on Taiwan Knowledge Window: 1.By the way of studying and reviewing literature, this research concludes what are the future trends and the challenges of data mining for knowledge management. 2.This research suggested the method for enterprise how to apply data mining technology which is based on knowledge Management. 3.This research established a general data mining model based on Taiwan Knowledge Window in order to make the enterprise able to follow complete data mining model.

碩士
國立臺灣大學
工業工程學研究所
88
The enhancement, improvement and reengineering of system effectiveness are crucial and essential to any corporation’s continuous endeavor to maintain its competitive advantage. In this study, system can be classified into seven constructs: organization, procedure, human resources, quality, information, knowledge, and technology. This research elaborates on related issues regarding corporate competitiveness enhancement and inter-disciplinary benchmarking among different industrial sectors. In the current phase, the scope of this study mainly covers the above-mentioned seven constructs excluding “knowledge”. The adopted research methodology encompasses the following: questionnaire survey, comprehensive interview, case study, and reference model construction, etc. During the implementation of cultural paradigm shift from conventional one into TQM-oriented, the effort of this research is to find out the inter-relationship between leadership role of top executives and their information requirements. Hence, the objective of this study, based on the former findings, has multi-fold: firstly, to propose a generic planning reference model for implementing an executive quality information system (EQIS); secondly, to construct an information requirement module specifically for the targeted EQIS; in the last place, hopefully to facilitate the development of a top executive decision support system which is dedicated to support the top executives to lead and direct the corporate TQM-related activities. The primary contributions of this study can be outlined as follows: 1.Through benchmarking and analyzing best practices, summarizing key factors for effectively introducing TQM to enhancing corporate competitive advantages, which can be listed in the following: ˙The procedure of cultural paradigm shift pattern from ISO 9000-certified standardization to TQM-introduced and implemented continuous improvement, ˙The study of the influence of corporate organizational climate and structure toward the introduction of TQM, ˙The relationship between manager’s quality consensus and customer satisfaction-oriented management, ˙The study of the impact of the implementation of TQM toward improving company’s competitiveness. 2.Utilizing the corporate quality consensus (CQC) as a measuring mechanism to investigate the TQM perception and self-diagnosis of corporate management level. 3.Propose a generic EQIS-specific information requirement module, and construct an assessment index for enhancing corporate competitive advantage, and thus combine to develop a diagnosis tool for measuring managerial performance The research findings can be used to assist top executives to lead and direct corporate-wide TQM activities, to strengthen the company’s competitive advantage, and to participate the compagain of National Quality Award — the highest quality honor.

碩士
國立臺灣師範大學
國際時尚高階管理碩士在職專班
106
Abstract According to the survey report, Taiwan's cosmetics exports in 2016 amounted to USD 660 million, up 16.1%, higher than Taiwan's global export growth rate in 2015. January to April of 2017, up 17.6%, which is also higher than 13.56% for Taiwan's total exports growth rate during same period. Many data show that Taiwan's cosmetics industry is sturdy, and recognized by international brands and markets - potential should not be underestimated. However, with the rapid development of internet and digital technology, the expeditious advancement of e-commerce and physical channels, ever-changing consumer preferences, and changes in the global market, sales-n-services model as well as order processing of traditional beauty (make-up and skin care products) industries are being challenged. The author, with profound knowledge and experience in make-up industry, will give preliminary exploration on what countermeasures that Taiwan's small and medium-sized cosmetics industry can take to overcome the foreseeable tides and industry changes; the author will take Heng Ya Biotechnology Co as an example, to discuss possible transformation directions and strategies. Chapter one is the introduction, including research origin, motivation and purpose. Chapter two discusses the origin and evolution of make-up industry and important trends in products and markets, and from research data reports, analyzes current cosmetics sales in the Middle East, Europe, America, Asia and Taiwan. In Chapter three, the author uses literature review method to explore changes of supply-chain structure in Taiwan make-up industry; Heng Ya Biotechnology Co. is taken as a reference study to explore possible transformation actions. In Chapter four, based on Heng Ya Biotechnology Co’s 60 years of practical experiences, further studies how to develop new market, change product R&D and production process, make organizational adjustment, as well as managing marketing activities – three major transformation strategies are proposed: new R&D, new process, and new market. Chapter five concludes, in the dynamic world, enterprises must innovate, transform and restructure, only those who seize the right timing and take action, will win. Finally, hope this report can provide preliminary guidance to Taiwan’s small and medium-sized make-up OEMs; the suggestive frameworks on what and how to monitor trends and alternative solutions can assist seeking next wave of success in the global make-up industry.

碩士
國立臺灣大學
工業工程學研究所
88
This paper addresses the issue of diversification of the state-owned enterprises under the impact of privatization policy with the aim of enhancing efficiency and achieving competitiveness advantage. In the view of the effect of global trends of liberalization and internationalization, the idea of privatization the state-owned enterprises becomes more popular in 1990s. The conference of National Development in Taipei in December 1996 suggested that the state-owned enterprises should be privatized within five years. Therefore, many firms had fasten their steps to not only execute the policy but develop diversification with the anticipation of smooth transformation and bringing the performance into full play. This study would like to understand the core competencies through the bench marking. The theories and tools applied in this study including: SWOT/PEST analysis, value chain, industry analysis, value management and business process reengineering. This study try to construct a planning reference model of diversification of state-owned enterprises under the impact of privatization policy. This analysis offers the stated-owned enterprises suggestions for applying current resources and technologies to create new niches. Besides, the case from the Taiwan Power Company operating the business related to environment protection is exampled to demonstrate how the practical application of the state-owned enterprises tallies with the planning model mentioned above. The main results of case studies suggested are as followings: 1.Properly transfer the large volume of human capital of state-owned enterprises is the key point of successful diversification. 2.Because there are many specialized capabilities needed for diversification (for example: laws, finance, marketing and professional knowledge), they ought to be trained during the early phase of planning the diversification. 3.Diversification could be applied under the system of the state-owned enterprises until privatization, and after that it should take proper opportunities to set up new firms for growing an enterprise bloc.

No
EU law is not a subject enjoyed by most students but it really does not have to be difficult. Every EU law question is likely to ask you to apply your knowledge of the law to a particular context – either a practical one, as in problem questions, or a more theoretical one, as in essay questions. For both you need to remember that EU law does not exist in isolation but is inextricably linked with the national legal systems of the Member States. The interaction between European law and these systems is crucial to understanding how EU law works. EU law is often considered in a political context and this has become very apparent in the UK following the referendum in June 2016 and the vote for ‘Brexit’. At te time of writing Brexit negotiations are continuing and for now EU law applies as it always has in the UK. Recognising that your political stance is likely to influence your views on EU law is valuable and something which can make your answers stronger, particularly in relation to questions on historical, constitutional or institutional issues.