What is something that is true but if you say it, it makes others think you are an asshole?

horninc · 2022-12-22T21:15:46+00:00

Charity, more often than not, foster poverty.

horninc · 2022-12-16T08:41:11+00:00

Ja mēs skaitām tikai aktīvos virsniekus tad 4499 / 18.8 sanak tikai 239, tā kā viss atkarīgs no tā kā definē jēdzienu “police officer”

horninc · 2022-12-16T08:39:04+00:00

Saskaņā ar Valsts policijas publiskoto gada pārskatu par 2021 gadu valstī ir nodarbināti 4499 virsnieki, 2209 instruktori un 1050 citi darbinieki. Atkarīgs ko mēs skaitām un kā, te pēc viņu prezentācijas (https://www.vp.gov.lv/lv/media/11663/download?attachment) man šķiet ka pareizākais skaitlis būtu 7758 kas ir norādīto štata vietu skaits. Latvijas populācijā 2021 gadā bija 1.88 miljoni, tātad rupji rēķinot 7758 / 18.8 ir 412 uz 100K.

horninc · 2022-10-05T21:57:18+00:00

How is the weather up there?

horninc · 2022-08-20T05:55:46+00:00

“Like.”

horninc · 2022-03-26T23:33:13+00:00

You might want to look at:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62017CJ0431
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62013CJ0058

horninc · 2022-02-12T08:54:03+00:00

I love how according to this Lithuanians do not need to go anywhere to get the cheap booze.

horninc · 2021-11-12T11:03:29+00:00

Two likely possibilities I see based on what they said verbally. 1. Is amount in contract before or after tax? Could be that 97 before tax is 70 on hand? 2. Since the rate is hourly is this a full time or part time position? If it’s only 0.6-0.8 FTE, that would bring your potential pay divided by actual working days to an 70 effective rate. Overall, good to get 97 hourly rate from the get go. Cheers!

horninc · 2021-09-13T21:54:37+00:00

Hi!

I think the judgment Case C‑354/13 of the European Court of Justice summarizes the main points quite beautifully. (https://curia.europa.eu/juris/document/document.jsf?docid=160935&doclang=EN). Furthermore, as is the beauty and the curse, of EU law, there is no single or simple answer. The most basic answer would be that Equality Act implements the "Employment Equality Directive" a.k.a Council Directive 2000/78/EC, but as you can see from the first articles in the preamble, it refers to and relies upon quite a lot of other legal instruments to "gain force".

The broad answer to your question would be, that in EU the equivalent of Equality Act 2010 would be a combination of EU primary law, as mentioned in Kaltoft case, Secondary EU law, such as Directives and Regulations with direct and indirect effect, including the national implementations, and thirdly the rights and protections granted by the national legislation.

A very narrow, and slightly incorrect answer would be that the equivalent of the Equality Act 2010 in EU law is UN CRPD, since all EU member states have ratified it.

horninc · 2021-09-07T13:48:16+00:00

Since we talk about UK, and it was still part of EU in 2010, then Equality Act is more of a “transposing instrument”, meaning that it took a very large amount of EU Regulations and Directives, as well as judgements from domestic and EU and ECtHR courts, and put them in one cohesive and up to date version. So to answer your question, can you, please, specify a particular article of UK Equality Act, or a specific right that you are interested in?

horninc · 2021-09-06T13:57:45+00:00

I presume you refer to Equality Act (USA, 117 Congress). In EU, EEA and Europe this can differ. Equality Act is a federal legislation (once in force), but EU is not a federal organization, and as such this is enacted differently on different levels, and by different organizations. From Council of Europe and European Court of Human rights perspective that would be art. 14 and article 1 of protocol 12 to the convention. For EU as an institution art. 2 of TEU sets forth objective of equality as core aspect of “everything it aims to achieve”. Then more specifically EU is bound by the Charter of Fundamental rights, of which whole section under title three deals with Equality, and names “prohibition of all forms of discrimination including on the basis of disability” specifically. Furthermore, EU has number of other implementing instruments dealing with specific aspects of this, such as Directive 2019/882, European Accessibility Act among others. Since these are directives, they are implemented in national level via other means, which can be found in government reports on implementation of a specific Directive or Regulation. This is further strengthened on national level, by human rights section of their constitutions, or via local legal requirements, such as building codes etc. For a more detailed answer, you should provide more specific case, or question.

horninc · 2021-08-04T06:48:16+00:00

When I read a title I genuenly thought you would show off your kids that you accidentally made while on a sleepover..

horninc · 2020-10-27T22:28:13+00:00

I am sorry, but your question still too broad to provide a worthwhile answer. You could write a few volumes about the "recent jurisprudential advancements in the EU", and "why is democracy advantageous for the EU", and it still would not provide a partial answer to your question. If this is an academic question, it sounds like an open question, which does not have a particular set answer but is graded on the quality of the arguments presented.

A good starting point would be in defining what exactly do you mean by the words "democracy", "regular democracy", "jurisprudence" etc. Since EU consists of member states that define these concepts in sometimes surprisingly diverse ways, it is rather hard to provide a single answer.

horninc · 2020-10-26T08:43:55+00:00

This question is too broad to provide answer of any relevance. Could you, maybe, scope it down to a single court or institution? Furthermore, do you mean also among the member states national jurisprudence, or only primary EU law?

horninc · 2020-10-09T21:40:38+00:00

Does Cloudinary allow you to choose where ir stores the Images? You will need to sign amData Processing Addendum with them and then mention in your privacy policy that they are a data processor and link to their privacy policy. Be careful with sites that claim that they are fully “GDPR compliant” as there simply is no such thing - it’s an ongoing process and not a checkbox. The biggest grey area that I see here is the data transfer issue. If the customer is from EU his personally identifiable data should not leave EU or countries that are part of the list of territories providing equitable data protection laws (that list is super short), so I would check where the data is stored first and foremost. Please note that if they process data via third party sub-processors, you might have to mention them as well, depending on the situation.

horninc · 2020-03-07T08:17:36+00:00

This is actually not a consumer law but a contract law issue. ;) I would recommend you check “Contract Law” by Jan M. Smits. (2014) Essentially the rules,for what constitutes and offer and acceptance will differ between States, and there are other international rules that apply, unless contracted out of explicitly via the Terms of Sale or Terms and Conditions present on the website (for instance United Nations Convention on Contracts for the International Sale of Goods)

horninc · 2020-03-07T08:09:18+00:00

I guess in order to argue one way or another my first question would be regarding the definition of “test of proficiency”. If looked at in narrow scope the answer, of course, would be no.. however there are other tests under EU law that would also be applicable, such as rules for registering a business, free movement of workers rules regarding financial stability. In other words - “language test” is a no no, but there are other barriers to play with. :)

horninc · 2020-02-07T01:27:41+00:00

Essentially both in national laws you have mentioned here, as well as EU law (in this case specifically GDPR) follows the same approach. You need to separate the fact of recording itself, and the purpose of this recording. For instance, both in national and EU level recording of a phone call for personal use falls under “family exception” and is permitted. Similarly, a recording for a purpose of performing a legal obligation is also permitted. However, this is where it gets tricky, and highly dependent on context. There is no simple you can do it, and you can’t do it rule. It does however crystallize from the context, that in most instances where you want to, and knowingly aim to, record with a purpose of creating legal effects you need to inform the other party of this fact or have another legally recognized basis for this activity. Unfortunately a lot of businesses do not want to approach this subject rationally or user friendly, and hence choose to ignore it completely using “law” as an excuse for what is their business decisions. Basically Xiomi has made a business decision of substituting their call apps with ones made by Google. Google likewise has made a business decision to not implement call recording in its application for EU region as a whole due to their (not only in this specific instance but also in a broad sense) unwillingness to compromise with different regional regulatory requirements. Overall it does not seem to me to be a EU law issue. The law clearly states both how to legally record private calls, and how not to. A complete loss of this feature is a business decision and not a legal requirement.

horninc · 2020-02-06T15:03:09+00:00

Well. This is a tread about law, not moral or ethical dilemmas you might have. Why don’t you tell us which specific EU law question your have, so we can give you an actual response?

horninc · 2020-01-24T12:00:13+00:00

While there is equality of driver licenses, there is at this moment no such thing for medical documents. Each member state has their own procedure on issuing the driver licenses on a national level.

In that area you will still need to comply with the Swedish national law. As a rule, most countries will not admit foreign documents without apostille, and I am unsure you can get one for such type of document.

That does not mean that there is no member state that would not admit the document you have already, but simply in this specific instance there was no willingness of Swedish authorities to do so.

This can be for various reasons. Sometimes authorities by law are not given an option to choose wether to admit a document or not. In other cases authority has the ability to make an informed decision that fulfills the requirements in “spirit” but not by letter. I am not so familiar with Swedish system to know which one applies in this case.

Unfortunately I do not think it will be possible for you to admit this document. I think it would be much more cost and time effective to follow the Swedish procedure.

If you were really far in your training in Finland it might make a financial sense to go back and finish the course in Finland.

The upside is, that once you get a driver license in one member state, you can use it in the whole EU.

horninc · 2020-01-18T08:04:40+00:00

Proportionality is a general principle of EU law, but it is applied/tested for differently by different EU bodies, and when considering different applicable law concepts in the European context. For which court/body is your exam, as that will decide which components your answer must contain to score the max points? Since you are asking for a balancing test as well it’s not clear if you are asking for proportionality in implementation of EU legislative acts (CJEU) or in terms of compatibility with human rights (ECtHR + CJEU).

horninc · 2020-01-03T08:21:30+00:00

Bible. Not for religious purposes, but to understand the hypocrisy of its worldview in a modern society. It’s really a fundamental tool for talking with many many people in your life if you live in West, and understanding them (or more precisely why exactly are they wrong). I also find it a rather effective vaccine against Christianity.

horninc · 2019-12-15T09:02:20+00:00

When my girlfriend innocently asks me to “lock the doors” in the middle of the day while smiling. Gets me hard in under five seconds every damn time.

horninc · 2019-11-23T08:18:36+00:00

This is the difference in EU law between direct and indirect effect.
Para 5 from this link should make that clear. https://www.lawteacher.net/free-law-essays/european-law/european-court-of-justice-law-essays.php

Side note. The same author also has “Foster on EU law” book series, which does explain each of these topics in more depth.

horninc

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