Hauptgegenstand der Arbeit ist das Schengener Informationssystem der ersten Generation, SIS. Dargestellt werden zunächst der Weg zu einem elektronischen europaweiten Fahndungssystem, die rechtlichen Rahmenbedingungen dieses Fahndungssystems und seine Funktionsweise. Daran anschließend folgt die Prüfung der Verletzung des Demokratieprinzips beim Zustandekommen des Schengener Durchführungsübereinkommens und bei seiner Transformation in innerstaatliches Recht. Weitere Prüfungspunkte sind die Notwendigkeit eines Gesetzes nach Art. 24 Abs. 1 Grundgesetz bei der Umsetzung in innerstaatliches Recht sowie die Vereinbarkeit der Fahndungskategorie der Verdeckten Registrierung nach Art. 99 Schengener Durchführungsübereinkommen mit Art. 8 der Europäischen Grundrechte-Charta.  Während in der Arbeit eine Verletzung von Demokratieprinzip und Art. 24 Absatz 1 Grundgesetz nicht festgestellt werden kann, bestehen im Hinblick auf die Vereinbarkeit mit Art. 8 der Europäischen Grundrechte-Charta unter verschiedenen Gesichtspunkten durchgreifende Bedenken.  Die Arbeit schließt mit einem Ausblick auf das Schengener Informationssystem der zweiten Generation, SIS II, sowie einer Zusammenfassung und einer Bewertung ab.

This research is an enquiry to find an electoral formula that conforms to Canadian constitutional values. Three core values that are pertinent to the issue of electoral systems are identified: democracy, diversity, and efficiency. Each of these core values is divided into different aspects. These aspects will form the backbone of the evaluation of different electoral systems in this work. I will begin with an evaluation of the plurality model of elections, which is currently used in Canada. I will demonstrate that many of the attributes of the current system are not in tune with Canadian constitutional values, in particular with the progressive interpretation that the Supreme Court of Canada has given to the right to vote as enshrined in Section 3 of the Canadian Charter of Rights and Freedoms. Although the interpretation of the right to vote will be the main thrust of the constitutional scrutiny in this work, attention will also be given to other pertinent rights such as equality rights, minority rights, and the freedom of expression. Next, I will examine provincial electoral reform initiatives that were initiated in five Canadian provinces. All of these initiatives - three of which were put to referenda and eventually defeated - proposed adopting a variant of proportional representation. Accordingly, I will evaluate proportional systems according to the intended values. I will conclude that these systems have problems of their own and they also cannot strike a fine balance between competing values. In the final stage, I will make a new proposal for elections to the Canadian Parliament. First, I will demonstrate that majority systems are better candidates to attain the envisioned values. Then I will introduce a new variant of the majority model, which I call a majority-preferential two-round variant. I will demonstrate that this new variant will outperform the other variants in the attainment of values if adopted for elections to the House of Commons. Finally, I will argue that the combination of a House of Commons elected through the majority-preferential formula and a proportionally elected Senate will result in a more balanced approach to the relevant constitutional values.

本研究以日商在台子公司為個案，探討多國企業核心流程之動態演化與創新研究。分析個案子公司的演化與創新過程，本研究從子公司的組織、母子公司關係、子公司角色、以及其核心流程，發現以下五點： 一. 對子公司的組織管理，母公司運用彈性的管理導向，有助於發揮子公司資源與能力。 二、母公司與子公司互相依存的關係，得以讓母公司可善用地主國的優勢，提昇多國企業整體營運的績效；亦能減少多國企業管理上的困難，甚至有助於多國企業的創新速度。 三、子公司的領導統御的務實化與主動性，有助於專業化資源與能力的提高。透過角色的改變，可擴大國際職責的參與機會。 四、相對於各行其是的多國企業，具有整合執行能力的子公司，可以為多國企業創造價值，並成為知識流通的來源。 五、子公司的動態演化，有助於多國企業的當地知識來源及國際化的拓展。 / This thesis has used Japanese subsidiary in Taiwan as case to study the dynamic evolution and innovation through the core process of MNC. From the view point of the organization control of alleged subsidiary, relationship of parent-subsidiary, subsidiary role in MNC, and its core process of subsidiary, we conclude the major findings are： (1). For the purpose of organization management, Parent company of MNC has adopted the flexible managerial patterns to facilitate subsidiary’s capability and its resources accumulation. (2). Relationship between parent and its subsidiary is interdependence. This kind of relationship helps Parent company who can utilize the net ownership advantages of host country to increase the total operational performance of MNC. It also helps to reduce the management difficulty toward subsidiary of MNC and even helps to increase the speed of innovation. (3). Top management of subsidiary shows their management skill with realistic and takes initiative in helping subsidiary to increase its capability and resources. Through the change of charter or its strategic roles, subsidiary can expand its participation of international responsibility. (4). Compare with other MNCs, subsidiary which has the capability of global integration can generate value-creation activities for MNC. Subsidiary will become the source of knowledge flow for its parent company. (5). The core process of subsidiary with dynamic evolution provides MNC with domestic knowledge. This evolution also helps MNC in internationalization development.

The modern hospice movement emerged in the 1960s as a grassroots social movement that attempted to restore an holistic and contextualised approach to the care of people at the end of life. This approach embraced the lived experience of the dying person at the centre of care across physical, emotional, social and spiritual domains of life. To achieve this, the care of dying people was largely removed from mainstream health care systems to promote more holistic and socially contextualised dying. In recent decades, the evolution of palliative care demonstrates the gradual return of palliative care services to the mainstream. It has been asserted that, in this process, palliative care services have progressively abandoned the social context of dying people, increasing instead an emphasis on "physical care [while] simultaneously de-emphasizing psychological, social and spiritual care" (Kellehear, 1999a, p.76). Kellehear and others have proposed that the repositioning of palliative care within mainstream health care systems has increased a focus upon illness and disease at the expense of health and wellbeing. Subsequently, conventional palliative care services have been criticised for not adequately locating end of life care within the social contexts in which death and dying take place. In an attempt to address this problem, Australian sociologist Allan Kellehear proposed an approach to end of life care that brought together the core concerns of palliative care with the principles and practices of health promotion (Kellehear, 1999b). Whilst their congruence is not immediately apparent, these two fields have been increasingly examined for their potential benefits in the provision of end of life care. In the current policy climate in Australia, there is an imperative to consider how end of life support services might be improved through adopting a health promoting palliative care approach. The aim of this study has been to investigate the integration of health promotion principles and practice by a selected palliative care service by examining the qualitative impact of this change on the organisation. Specifically, it endeavoured to identify the factors that advanced or impeded this integration by examining how the structures and processes of, and outcomes for, the organisation reflected a health promoting approach. To meet these aims, this study undertook an in-depth examination of the implementation of a health promoting palliative care model by a community based palliative care organisation. Based in a constructionist-interpretivist paradigm, a mixed-method (QUAL+quant), instrumental case study research design was utilised to capture multiple perspectives of the implementation process. Data collection comprised examination of 127 organisational documents, 32 in-depth interviews with staff, volunteers and consumers, 5 focus groups with staff and volunteers, and 25 carer questionnaires. Qualitative data were subject to thematic analysis, with supplementary quantitative data analysed to generate descriptive statistics. The findings demonstrated a large number of complex and interrelated enabling and impeding factors to the implementation in the case study site. These factors have been grouped into four key themes which have been examined in light of the aims of this study and the issues identified in a comprehensive review of the literature. This study found that: ◦ Conceptual congruence between health promotion and palliative care was a fundamental starting point in the implementation of a health promoting palliative care model. ◦ Where conceptual congruence was clear, activities associated with the model that were regarded as beyond conventional approaches to palliative care core business were viewed favourably by stakeholders and were less likely to encounter resistance within the organisation. ◦ When systematic approaches to organisational change, such as quality improvement systems, were rigorously applied, the impact of the transition upon stakeholders was qualitatively less. ◦ Where this transition had been effectively made, consumers, staff, volunteers and members of the wider community were seen to benefit. This study adds to the current discourse regarding the intersection between end of life support and health promotion, and provides insight into how palliative care organisations might undertake the transition from conventional models to a health promoting palliative care approach.

En même temps que le traité de Lisbonne conférait valeur juridique contraignante à la charte des droits fondamentaux de l’Union européenne, il créait, par l’article 67, paragraphe 1, du traité sur le fonctionnement de l’Union européenne, une obligation pour l’Union et les États membres de respecter les droits fondamentaux dans la construction de l’espace de liberté de sécurité et de justice. Parce qu’il vise chacune des normes composant cet espace, ce commandement interroge particulièrement dans l’espace judiciaire européen en matière civile et commerciale où les règles de coordination des ordres juridiques nationaux sont partiellement réfractaires à l’influence des droits fondamentaux. La polysémie de la notion de respect permet d’envisager divers modes d’articulations de la charte et du droit de l’espace judiciaire européen en matière civile et commerciale. Si le principe hiérarchique paraît la modalité la plus évidente pour assurer le respect de la charte, il s’avère inapte à y parvenir, tant par lui-même que par le contexte spécifique d’application de la charte qu’impose l’espace judiciaire européen. Aussi conviendrait-il d’y substituer un mode d’articulation plus souple, la combinaison, afin de conformer la construction de l’espace sous étude à l’article 67, paragraphe 1, du traité sur le fonctionnement de l’Union européenne. / When the treaty of Lisbon gave Charter of Fundamental Rights of the European Union its legally binding force, it gave rise, in article 67, paragraph 1, of the Treaty on the Functionning of the European Union, to a legal obligation to respect fundamental rights while building the Freedom, Security and Justice Area. As this legal obligation concerns all the rules of this space, it raises questions in the European Judicial Area in civil and commercial matter where rules coordinating national legal systems are partially resistant to the influence of fundamental rights. Polysemy of the notion of respect make it possible to consider different ways for the Charter and the European Judicial Area law to interact. If the hierarchical principle seems to be the most obvious way to ensure the respect of the Charter, it transpires to be inappropriate by itself and because of the specific context fort the application of the Charter commanded by the European Judicial Area. So, it would be more convenient to substitue the hierarchical principle with a more supple way of interaction, the combination, so as to conform the studied space to the article 67, paragraph 1, of the Treaty on the Functionning of the European Union.

In recent decades tourism has asserted its importance as the biggest employer and foreign exchange earner in both the developing and developed countries. Consequently, there has been increasing attention to tourism development as a strategy to stimulate economic growth, local economic development and poverty alleviation, especially in the developing countries. This study was undertaken with the objective of determining the direct benefits of the growth in tourism to the local communities in the vicinity of protected areas in South Africa's Mpumalanga Province. The tourism sector is strategically located within the economic mainstream as it links easily with other sectors of the economy such as agriculture, hospitality, transport and entertainment. It has added advantages, including the fact that the tourist product is consumed at the destination. This offers local communities opportunities in job creation, skills development, economic empowerment and social development. The study found that meaningful involvement of local communities in the tourism industry through ownership of tourism-related enterprises was almost non-existent. There were no meaningful linkages between the industry and the local communities other than the communities' supply of unskilled labour. There were also no programmes aimed at harnessing the phenomenal growth in South Africa's tourism for the economic empowerment of local communities. The economic empowerment of local communities need not be achieved through the ownership of tourism-related enterprises only, but may also include shareholding, outsourcing, affirmative procurement and social responsibility programmes by the industry.The continued marginalisation of the local communities by the tourism industry was attributed to unsatisfactory progress with the industry's transformation. The launch of the Tourism Black Economic Empowerment Charter and Scorecard in 2005 provided impetus for the transformation of South Africa's tourism industry. However, more work still needs to be done in the identified areas of ownership and control of tourism-related businesses, distribution of tourism benefits and the development of tourism-related skills and entrepreneurial culture in local communities. The role of the private sector in stimulating community involvement in tourism is particularly important. The private sector is singled out because of government policy that tourism development would be regulated by government and be private-sector driven. Furthermore, the private sector has the capacity and the resources to mobilise, not only to improve the attractiveness and marketing of a destination and the overall management of the tourism industry, but also to build thriving local communities. / Development Studies / D. Litt. et Phil. (Development Studies)

The purpose of the study was to determine how professional nurses perceive their roles in patient centered care in various units, in three regional hospitals in Mpumalanga Province. The main objectives of this study were to determine * whether the working environment in provincial hospitals is supportive of patient centered care * what factors could hinder the provision of patient centered care * the extent to which patient centered care is provided to patients in provincial hospitals * professional nurses' perception of their role in patient-centered care The researcher used the descriptive exploratory method. A questionnaire with closed and open-ended questions was used to collect data from professional nurses in the three hospitals. Seventy- two (72) respondents returned the completed questionnaires. The findings indicated that the professional nurses perceived patients' and nurses' lack of knowledge as the biggest hindrance to patient centered care. Patients and relatives seemed to be less involved in their own care and the lack of information given to patients by professional nurses subsequently contributed to patients' inability to make / Health Studies / M.A. (Health Studies)

O objeto desta tese se constitui do estudo comparativo da Carta dos Direitos Fundamentais da União Europeia e da Declaração Sociolaboral do Mercosul, com o propósito de analisar o processo de participação dos governos, dos patrões e dos trabalhadores na definição das Cartas que regulamentam a livre circulação dos trabalhadores em ambos os blocos. O estudo comparativo das Cartas Sociais possibilitou compreender os processos de elaboração das legislações sociais ocorridos em dois blocos de países, com fundamentos históricos singulares, em fases distintas de integração e com experiências diferentes de regulamentação do livre trânsito da força de trabalho. A comparação das Cartas da União Europeia e do Mercosul permitiu assim desenvolver um estudo mais aprofundado sobre as diferenças e as similitudes existentes entre ambas as Cartas, apesar de as datas de sua elaboração serem bastante distanciadas. A pesquisa das assimetrias entre as Cartas visou, pois, identificar e analisar tanto as origens em sua forma quanto em seu conteúdo, considerando que sua concepção e elaboração nasceram de realidades muito diversas, vigentes tanto nos dois blocos, quanto nos países que os compõem, em face de suas peculiaridades históricas, sociais, econômicas, legislativas e geográficas. A análise das Cartas da União Europeia e do MERCOSUL, e sua relação com as novas exigências da política neoliberal, buscou ainda estabelecer os nexos entre elas e a imobilidade do trabalho em ambos os blocos, uma vez que as Cartas não tiveram grande influência quanto ao número de trabalhadores exercendo suas atividades fora de seus respectivos países de origem, evidenciando a mobilidade do capital, das mercadorias e dos serviços em detrimento da mobilidade do trabalho. Esses aspectos vêm corroborar o fato de que a globalização econômica, a própria resistência dos Estados membros, bem como do empresariado, não permitiram ou inviabilizaram a criação de verdadeiras Cartas sociais. / The object of this research is to present a comparative study of the Charter of Fundamental Rights of European Union and Mercosul Sociolaboral Declaration. Our concern was to analyze the participation process of Governments, of bosses and workers about the definition of the Charter regulating the free circulation of workers between the two Blocks. The comparative study of the Social Charters allowed understanding the elaboration processes of the social legislations that happened into the two Communities Blocks, with their particular foundations, with different integration periods and having different experiences on regulation about the free transition of the work force. Comparing the Charter of European Union and Mercosul Sociolaboral Declaration it was possible to develop a deeper study about the differences and the likenesses between the two agreements, in spite of being their elaboration dates very distant in time. The asymmetric research between the Charters aimed to identify and to analyze either the origins in their shape, either in their content, considering that their conception and elaboration were born from very different realities in vigor either in the two Blocks, either in the communities that compose them, because of their historical, social, economic, legislative and geographic peculiarities. The analytic study of European Union as well as Mercosul Charters and their relation with the new demands of neoliberal politics tried to establish the links between them and the immobilization of work into the two Blocks, because the agreement did not have a great influence on the amount of workers doing their activities out of their original countries, showing, that way, the capital, goods and services mobility in detriment of work. Those aspects corroborate the fact that economic globalization, resistance of the Members States and of the managers as a whole did not allow or made nonviable the creation of true Social Charters.

In the first section of the dissertation, strike law in the Netherlands is focused upon. The following issues are inter alia dealt with: the historical background of the strike phenomenon, the right to strike and restrictions on this right, the reluctance of the Dutch legislature to legislate in the field of industrial action, and the directly applicable provisions of the European Social Charter. The second section of the dissertation deals with South African strike law and also starts off with a discussion of the historical background thereof, whereafter the provisions of the 1995 Labour Relations Act are analysed and discussed. The third and last section highlights some of the major differences and points to some similarities between the two legal systems. It concludes that the detailed South African labour legislation does not provide more certainty than the Dutch judge-made law in respect of the law relating to strikes. / Law / LL.M.

The problems concerning the future management of state-aided (Model C) schools fall into two main categories, namely problems intrinsic to the Model C schools and the problem of giving substance to the stated vision of the ANC. Model C schools were seen as a South African model of school self-management. A study of the literature relating to school self-management in general, and how it is practised in various countries, was made and the management of state-aided (Model C) schools was analyzed. A impirical investigation was conducted to ascertain the perceptions of various role-players in school management about their duties and responsibilities in this regard. A model for the self-management of state-aided schools, based on the Caldwell and Spinks' s model, and conforming to various criteria, is proposed. The proposed model is, in the opinion of the researcher, applicable not only to State-aided schools, but to all schools in South Africa as it allows individual schools to accept as much or as little self-management as is consistent with the capacity of their communities to provide effective and efficient service. It also allows schools to accept increases in self-management as their communities gain in management skills and expertise. / Educational Studies / D.Ed. (Educational Management)