Starting from 2009, national courts of the EU Member States for the first time gained a “real” right to request the EU Court of Justice for preliminary rulings in asylum matters. First judgments of this Court demonstrate equivocal tendencies: some are blaming the Court for incompetence in asylum matters, others believe that the adoption of authoritative decisions at the European level will assist in developing consistent practice of applying asylum law in the European Union, something that failed at international level (...) due to absence of a single authoritative body to provide guidance on interpretation and application of the 1951 Refugee Convention. Considering that the judgments of the EU Court are part of the EU law, the Member States should develop their national asylum law with due regard being taken to those judgments. By the beginning of 2012, the Court has issued eight judgments on the interpretation of various problematic issues of EU asylum law. This Article analyses the jurisprudence of the EU Court in asylum cases, related to the granting of refugee status and subsidiary protection. It also provides a critical evaluation of those judgments. The main objective of the Article is to familiarise the relevant Lithuanian institutions and lawyers with the first judgments of the EU Court in asylum cases and encourage discussions concerning the application of rules established by the Court in the Lithuanian context. Due to limited size, this Article presents the analysis of two EU Court judgments adopted on interpretation of the 2004 Qualification Directive: Elgafaji v. The Netherlands (2009) dealing with granting of subsidiary protection, and Abdulla and others v. Bundesrepublik Deutschland (2010), dealing with cessation of refugee status. The value of those judgments first of all lies in the guidance they provided to the Member States on such concepts as: protection in a situation of an armed conflict, agents of protection, effectiveness of protection; as well as determination of a relationship between refugee status and subsidiary protection, relationship of the Qualification Directive with the European Convention on Human Rights and Fundamental Freedoms (ECHR), also cessation of protection. Elgafaji decision, while quite liberal with regard to persons seeking international protection, is not so liberally applied in the Member States’ practice and does not in itself guarantee positive outcome of the application of a concrete individual fleeing from an armed conflict, or a liberal approach to granting subsidiary protection in the Member States. Based on Elgafaji judgment it is clear that: Art. 15(b) of the Qualification Directive correspond to Art. 3 ECHR, while Art. 15(c) provides additional protection and in that it expands the Member States’ obligations beyond the ECHR to provide protection to persons fleeing in situations of armed conflict. While not every person arriving from an armed conflict situation would automatically fall under the granting of subsidiary protection, in certain exceptional situations indiscriminate violence may amount to individual threat without invoking personal circumstances. The EU Court departed from the individualisation requirement applied by the European Court of Human Rights in Art. 3 cases and did not also rely on international humanitarian law, by introducing a “sliding scale” formula for establishing an individual threat in armed conflict situation instead. This formula addressed the alleged internal discrepancy between “individual threat” and “indiscriminate violence”. The Abdulla decision brought in the human rights and law enforcement perspectives to the interpretation of cessation clauses, however it represents a rather superficial approach in the context of the analysed concepts (e.g. towards effectiveness of protection provided by the multinational armed forces) and is likely to be incompatible with the latest legislative trends in the EU asylum instruments (e.g. determination of refugee status and subsidiary protection by means of a single procedure) and the recent jurisprudence under the ECHR (e.g. failure to ensure a minimum standard of living may violate the ECHR). (shrink)

Straipsnis nagrinėja, kaip Shaunas Gallagheris sprendžia fenomenologijos ir natūralizmo suderinamumo klausimą. Pirmoje dalyje aptariamas Gallagherio tyrimų atspirties taškas: fenomenologinės kūno schemos sampratos pritaikymas interpretuojant trečiojo asmens prieiga gautus duomenis. Antroje dalyje aptariamas bendras Gallagherio fenomenologijos natūralizavimo projektas: argumentai už tai, kad į natūralistinę programą būtų įtrauktos ne paskiros fenomenologų įžvalgos, bet metodiškas pirmojo asmens prieigos taikymas. Trečioje dalyje aptariami argumentai prieš fenomenologijos natūralizavimą. Teigiama, kad pagrindinė problema fenomenologiją ir natūralizmą derinančiam filosofui – mąstymo fenomenologijos natūralizavimas. Galiausiai bandoma apibrėžti fenomenologijos (...) natūralizavimo projekto perspektyvas. (shrink)

a new era of public protest began in 1999 with the Seattle World Trade Organization demonstrations, and continued through the 2011 Occupy Wall Street protests and the 2013 Gezi Park insurrection in Istanbul. This new era of demonstrations differed from movements that had come before in the understanding of politics employed by the protesters, reconstructing popular imaginations about the future, bringing about a reconsideration of politics, its domain, and time itself.This article investigates the Occupy Gezi movement that began in Gezi (...) Park and led to the occupation of Istanbul’s Taksim Square. I examine the events through Hannah Arendt’s analysis of the Hungarian Revolution. Arendt’s five criteria for.. (shrink)

[1] Ḥeleḳ ha-moʻadim -- [2] Ḥeleḳ parashiyot ha-Torah -- ḥeleḳ 3. Be-ʻinyene midot.

On sayings and teachings of 11th century Fatimid Caliph.

Civil rights; human rights; law; philosophical aspects; idealism, German; philosophy, German.

An exploration of the features and methods of Imāmī exegesis. Principally, it offers a description and analysis of the major tenets of Imāmī doctrine, as reflected in the earliest Imāmī works of exegesis and related sources, up to the Major Occultation of the twelfth Imam in 329/941.

An academic anthology on Jewish studies and education in memory of dr. Avraham Zalkin.

ḥelek 1. kolel beʼurim ʻal pereḳ ha-haḳdamah le-Shaʻar ha-yiḥud ṿeha-emunah. "Ḥanokh la-naʻar" --.

Islamic education; philosophy; Ghazzālī, 1058-1111; criticism.

This is the first complete English translation of the Jami al-hikmatayn, written in Persian, the final, and crowning, work of the great poet, philosopher, and Ismaili missionary Nasir-i Khusraw (1004-1077). Twin Wisdoms Reconciled was written at the request of the emir of Badakhshan 'Abu al-Ma'ali 'Ali ibn Asad' who was perplexed by the questions in a long philosophical ode written a century earlier by Abu al-Haytham Jurjani, an obscure Ismaili author. The ode consists of a series of some 90 questions (...) on a wide range of subjects, from logic and metaphysics to medicine, cosmology, and physics, as well as esoteric Ismaili doctrine. Nasir-i Khusraw's text takes the form of a commentary on certain astutely selected lines. Twin Wisdoms Reconciled represents yet another example of the author's lifelong endeavour to transform Persian philosophical prose into a deft and nuanced instrument of expression. The work has not been as extensively studied as Nasir-i Khusraw's other major theological and philosophical treatises, all written in his final exile in Badakhshan, in part perhaps because of its textual difficulties. Twin Wisdoms Reconciled survives in a single manuscript of dubious accuracy in the Aya Sofya collection, Suleymaniyye Library, Istanbul. The present translation is based on the critical edition of the text produced by Henry Corbin and Mohammed Mo'in in 1953, but with frequent reference to the unique original manuscript. Twin Wisdoms Reconciled represents an endeavour to reconcile two apparently opposed forms of knowledge: the knowledge accorded by revelation and exegesis and the knowledge gained by reason. Seeing that "the bazaar of wisdom" stands empty because of the mutual incomprehension of traditional theologians and Aristotelian philosophers, Nasir-i Khusraw stepped boldly forward to reinvigorate that desolate marketplace. His final work, written in 1070, is thus a testimony as well as an exposition of his mature thought. (shrink)

Nasir Khusraw was a leading Ismaili poet and theologian-philosopher of the Fatimid period whose writings have had a major formative influence on the Ismaili communities of Iran, Afghanistan and Central Asia. The bulk of his surviving work was produced in exile in a remote mountainous region of Badakhshan where he sought refuge from persecution in his native district of Balkh. This is the first of his doctrinal treatises to be translated into English. Consisting of a series of 30 questions and (...) answers, it addresses some of the central theological and philosophical issues of his time from an Ismaili perspective, ranging from the creation of the world and the nature of the soul to the questions of human free will and accountability in the afterlife. (shrink)