Elements of Nature Relocated the Work of Studio Granda
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Constitutional/Judicial Resistance to European Law in Iceland. Sovereignty and Constitutional Identity Vs. Access to Justice Under the EEA Agreement
Constitutional/judicial resistance to European Law in Iceland. Sovereignty and constitutional identity vs. access to justice under the EEA Agreement Professor M. Elvira MENDEZ-PINEDO1 Abstract In the context of occasional constitutional resistance to international and European Union (EU) law in other countries, we find a similar tension in Iceland vis-à-vis the European Economic Area (EEA) Agreement and the Icelandic constitutional/statutory domestic system (EEA Act 2/1993). The authority and effectiveness of EEA law seem disregarded with negative consequences for the judicial protection of individual rights. The EFTA Surveillance Authority (ESA) sent official letters to Iceland in 2015, 2016 and 2017. In its view, in too many recent cases, the Supreme Court has discarded and set aside validly implemented EEA law in order to give precedence to conflicting Icelandic law. In some cases, individuals have no proper remedy to exercise their European rights (State liability for judicial breaches of EEA law not admissible). It is uncertain at this time whether actions for infringement of EEA law will be brought by ESA to the EFTA Court. This study reviews this sort of judicial, legislative and/or constitutional resistance to EEA law in Iceland and argues that the use of concepts such as sovereignty (public international law) and constitutional identity (EU law) can never justify the denial of access to justice and effective judicial protection under the EEA Agreement. Keywords: Iceland, European Economic Area law, constitutional resistance, access to justice. JEL Classification: K10, K33, K40 1. Introduction The European Economic Area (EEA) Agreement2 extends the internal market and other EU policies to three non-EU neighbouring countries. -
National Risk Assessment
2019 National Risk Assessment Money Laundering and Terrorist Financing National Commissioner of the Icelandic Police 1 April 2019 National Risk Assessment of Money Laundering and Terrorist Financing Table of Contents Preface Infrastructure Legal environment, police services, and monitoring Methodology Consolidated conclusions Risk classification summary Predicate offences Cash Company operations Financial market Specialists Gambling Trade and services Other Terrorist financing References 2 Preface Iceland is probably not the first country coming to mind when most people discuss money laundering and terrorist financing. In an increasingly globalised world, however, Iceland is nowhere near safe against the risks that money laundering and terrorist financing entail. Nor is it exempt from a duty to take appropriate and necessary measures to prevent such from thriving in its area of influence. In September 1991, Iceland entered into collaboration with the Financial Action Task Force (FATF), which is an international action group against money laundering and terrorist financing. FATF has issued instructions on the measures member states shall take in response to the threat stemming from money laundering and terrorist financing. FATF's instructions have become global guidelines. For example, the European Union's directives have been in accordance with these guidelines. By joining FATF, Iceland obligated itself to coordinating its legislation with the action group's instructions. Regarding this, FATF's evaluation in 2017-2018 revealed various weaknesses in the Icelandic legislation. Iceland began responding, which, for example, entailed legalising the European Union's 4th Anti-money Laundering Directive. In accordance with the requirements following from FATF Recommendation no. 1, the above directive assumes that all member states shall carry out a risk assessment of the main threats and weaknesses stemming from money laundering and terrorist financing within the areas each member state controls. -
Constitutional Bill
Revised translation 11.12.2012 by Anna Yates, certified translator Constitutional Bill for a new constitution for the Republic of Iceland From the majority of the Constitutional and Supervisory Committee (VBj, ÁI, RM, LGeir, MSch, MT). Preamble We, the people of Iceland, wish to create a just society with equal opportunities for everyone. Our different origins enrich the whole, and together we are responsible for the heritage of the generations, the land and history, nature, language and culture. Iceland is a free and sovereign state which upholds the rule of law, resting on the cornerstones of freedom, equality, democracy and human rights. The government shall work for the welfare of the inhabitants of the country, strengthen their culture and respect the diversity of human life, the land and the biosphere. We wish to promote peace, security, well-being and happiness among ourselves and future generations. We resolve to work with other nations in the interests of peace and respect for the Earth and all Mankind. In this light we are adopting a new Constitution, the supreme law of the land, to be observed by all. Chapter I. Foundations Article 1 Form of government Iceland is a Republic governed by parliamentary democracy. 1 Article 2 Source and holders of state powers All state powers spring from the nation, which wields them either directly, or via those who hold government powers. The Althing holds legislative powers. The President of the Republic, Cabinet Ministers and the State government and other government authorities hold executive powers. The Supreme Court of Iceland and other courts of law hold judicial powers. -
Marla J. Koberstein
Master‘s thesis Expansion of the brown shrimp Crangon crangon L. onto juvenile plaice Pleuronectes platessa L. nursery habitat in the Westfjords of Iceland Marla J. Koberstein Advisor: Jόnas Páll Jόnasson University of Akureyri Faculty of Business and Science University Centre of the Westfjords Master of Resource Management: Coastal and Marine Management Ísafjörður, February 2013 Supervisory Committee Advisor: Name, title Reader: Name, title Program Director: Dagný Arnarsdóttir, MSc. Marla Koberstein Expansion of the brown shrimp Crangon crangon L. onto juvenile plaice Pleuronectes platessa L. nursery habitat in the Westfjords of Iceland 45 ECTS thesis submitted in partial fulfillment of a Master of Resource Management degree in Coastal and Marine Management at the University Centre of the Westfjords, Suðurgata 12, 400 Ísafjörður, Iceland Degree accredited by the University of Akureyri, Faculty of Business and Science, Borgir, 600 Akureyri, Iceland Copyright © 2013 Marla Koberstein All rights reserved Printing: Háskólaprent, Reykjavik, February 2013 Declaration I hereby confirm that I am the sole author of this thesis and it is a product of my own academic research. __________________________________________ Student‘s name Abstract Sandy-bottom coastal ecosystems provide integral nursery habitat for juvenile fishes, and threats to these regions compromise populations at this critical life stage. The threat of aquatic invasive species in particular can be difficult to detect, and climate change may facilitate the spread and establishment of new species. In 2003, the European brown shrimp Crangon crangon L. was discovered off the southwest coast of Iceland. This species is a concern for Iceland due to the combination of its dominance in coastal communities and level of predation on juvenile flatfish, namely plaice Pleuronectes platessa L., observed in its native range. -
Hunting Reindeer in East Iceland
Master’s Thesis Hunting Reindeer in East Iceland The Economic Impact Stefán Sigurðsson Supervisors: Vífill Karlsson Kjartan Ólafsson University of Akureyri School of Business and Science February 2012 Acknowledgements The parties listed below are thanked for their contribution to this thesis. Vífill Karlsson, consultant and assistant professor, department of business administration, University of Akureyri, for his patience and outstanding work as supervisor. Kjartan Ólafsson, lecturer, faculty of humanities and social sciences, University of Akureyri, for his work and comments as supervisor. Guðmundur Kristján Óskarsson, lecturer, department of business administration, University of Akureyri, for his assistance when processing statistics. Jón Þorvaldur Heiðarsson, lecturer, department of business administration, University of Akureyri, and researcher, Research Center University of Akureyri, for his comments. Ögmundur Knútsson, lecturer, department of business administration, University of Akureyri, for his comments. Steinar Rafn Beck, advisor, department of natural resource sciences, for valuable information when working on this master thesis. Bjarni Pálsson, divisional manager, Department for natural resource sciences, for valuable information when working on this master thesis. Rafn Kjartansson, translator and language reviewer of this work. Astrid Margrét Magnúsdóttir, director of Information Services, University of Akureyri, for her comments on documentation and references. ---------------------------------------------------------- Stefán Sigurðsson ii Abstract Tourism in Iceland is of great importance and ever-growing. During the period 2000- 2008 the share of tourism in GDP was 4.3% to 5.7%. One aspect of the tourist industry is hunting tourism, upon which limited research has been done and only fragmented information exists on the subject. The aim of this thesis is to estimate the economic impact of reindeer hunting on the hunting area. -
Volcanogenic Floods in Iceland: an Exploration of Hazards and Risks
I. VOLCANOGENIC FLOODS IN ICELAND: AN EXPLORATION OF HAZARDS AND RISKS Emmanuel Pagneux *, Sigrún Karlsdóttir *, Magnús T. Gudmundsson **, Matthew J. Roberts * and Viðir Reynisson *** 1 * Icelandic Meteorological Office ** Nordic Volcanological Centre, Institute of Earth Sciences, University of Iceland *** National Commissioner of the Icelandic Police, Department of Civil Protection and Emergency Management 1. Introduction where the recurrence time of eruptions is about 50 years. The largest of these eruptions This publication presents the results from an have caused rapidly rising floods with a exploratory project on the risk assessment of maximum discharge 100–300,000 m3/s (e.g. glacial outburst floods (jökulhlaups) caused Tómasson, 1996; Larsen, 2000; Elíasson et by volcanic eruptions in Iceland. Such floods al., 2006). result from the interaction of hot freshly The largest hazard and risk to life in erupted lava, tephra or hot gases with glacier volcanogenic floods occurs on populated ice and snow on the slopes of volcanoes. slopes of large, steep-sided ice-clad Jökulhlaups related to volcanic activity, volcanoes. This particular environment is caused both directly by volcanic eruptions found in Iceland on the foothills of and indirectly through geothermal activity, Eyjafjallajökull, Snæfellsjökull and Öræfa- are one of the main volcanogenic hazards in jökull volcanoes. The most severe events Iceland (Gudmundsson et al., 2008). Over have occurred at Öræfajökull, which erupted half of all Icelandic eruptions occur in ice in 1362 and 1727. On both occasions the covered volcanoes, resulting either directly or eruptions and the associated floods lead to indirectly in jökulhlaups (Larsen et al., 1998; destruction, devastation and loss of life Larsen, 2002). -
Church Topography and Episcopal Influence in Northern Iceland 1106‐1318 AD
Power and Piety: Church Topography and Episcopal Influence in Northern Iceland 1106‐1318 A.D. By Egil Marstein Bauer Master Thesis in Archaeology Department of Archaeology, Conservation and History University of Oslo Spring 2008 TABLE OF CONTENTS LIST OF FIGURES................................................................................................................................I LIST OF TABLES ..............................................................................................................................III ACKNOWLEDGEMENTS................................................................................................................. V 1 INTRODUCTION ........................................................................................................................ 1 1.1 Presentation of Thesis with Background Information............................................................. 1 1.2 Comparison with Trøndelag, Norway ..................................................................................... 4 1.3 Structure of the Thesis............................................................................................................. 6 2 PREVIOUS RESEARCH ............................................................................................................ 9 3 CHURCH MATERIAL.............................................................................................................. 13 3.1 Churches in the Written Material ......................................................................................... -
Fm A51 Alþingi Rilri>5J International ÓOÐ
5/15/2014 FOAcasetext fm A51 Alþingi rilri>5J International ÓOÐ. ynodí Erindi m Þ N 2/tw a J l y í » Labour FromotmgjobSp kommdagur fy.S- 2 ö H Organization protecting ptople NORMLEX Information System on Internationa! Labour Standards Search | User guide Definitive Report - Report No 330, March 2003 Case No 2170 (lceland) - Complaint date: 22-JAN-02 - Closed Display in: French - Spanish Goto: INTRODUCTION | A The complainants’ aliegations | B.The Government’s repíy | C. The Committee’s concíusions I The Committee's recommendations Allegations: The complaxnants allege that the Government unduly interfered in trade union activities by enacting a law whereby a legal strike was prohibited and compulsory arbitration imposed on the parties to an interest dispute. 8 5 5 - The complaints are set out in a communication from the Icelandic Federation of Labour (its Icelandic acronym being ASÍ) dated 22 January 2002 aswell asin a communication from the Merchant Navy and Fishing Vessel Officers Guild (its Icelandic acronym being FFSI) dated 24 January 2002. In communications dated respectively 30 January and 1 February 2002, the Mternational Transport Workers’ Federation (ITF) and the International Confederatiön of Free Trade ITnions (ICFTU) expressed the wish to be associated with the complaint presentedby the FFSI. 856. The Government replied in communicationsdated 3 September 2002 and3 March 2003. 857- Iceland has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), andthe Right toOrganise and Collective Bargaining Convention, 1949 (No. 98). _______________ A . The compiainants’ allcgations_________________ 8 5 8 , Ih itscomplaint dated22 January 2002, the ASÍailegesthat thepassing by theAlthing (Iceland’s Parliament) ofthe Act on físhermen’s wages andterms (etc.) No. -
An Analysis of the Icelandic Supreme Court Judgement on the Health Sector Database Act Dr Renate Gertz *
Volume 1, Issue 2, June 2004 An analysis of the Icelandic Supreme Court judgement on the Health Sector Database Act * Dr Renate Gertz Abstract Six years after the Icelandic Health Sector Database Act came into force, the Supreme Court of Iceland as court of appeal was asked to give a judgement on the constitutionality of the Act. The appellant had unsuccessfully applied to the Director General of Public Health to prevent the transfer of her deceased father’s medical records to the Health Sector Database. The court of first instance, the Reykjavik District Court, dismissed the case for lack of legal standing. The Icelandic Supreme Court decided that the appellant had legal standing due to the fact that from the data related to hereditary characteristics of her father information about the plaintiff herself could be inferred. The Icelandic Supreme Court further discussed privacy and data protection issues with regard to the Health Sector Database, coming to the conclusion that the one-way encryption system was a sufficiently safe mechanism for data protection, but that due to the richness of data to be entered into the Health Sector Database, individuals could be identifiable. DOI: 10.2966/scrip.010204.241 © Renate Gertz 2004. This work is licensed through SCRIPT-ed Open Licence (SOL) . * Research Fellow, AHRB Centre, School of Law, University of Edinburgh. Acknowledgement: The author would like to thank Dr G T Laurie for his advice. Any mistakes, of course, are the author’s own. (2004) 1:2 SCRIPT-ed 242 1. Introduction November 27, 2003 was a triumphant day for the opponents of the Icelandic Health Sector Database project. -
Iceland's Fifth Periodic Report on Implementation of the International
Iceland’s Fifth Periodic Report on Implementation of the International Covenant on Civil and Political Rights Pursuant to Article 40 of the Covenant Government of Iceland Ministry of Justice and Human Rights April 2010 1 CONTENTS Paragraphs I. GENERAL OBSERVATIONS 1 - 57 1. Introduction 1 – 3 2. Analysis of the European Commission of Iceland's current situation with respect to human rights and democracy 4 – 6 3. The status of the Covenant in Icelandic law and its effect on legislation and judicial practice 7 – 14 4. Legislation in fields coming under the scope of the Covenant 15 5. International agreements ratified or signed by Iceland 16 6. Conclusions of the European Court of Human Rights in cases against Iceland 17 – 19 7. Views of the Human Rights Committee concerning communication No. 1306/2004 and measures taken 20 – 27 8. Recommendations made by Human Rights Committee in its concluding observations of 2005 28 - 57 II. INFORMATION RELATING TO INDIVIDUAL PROVISIONS OF PARTS I, II AND III OF THE COVENANT 58 – 205 Article 1 58 – 59 Article 2 60 – 65 Article 3 66 – 82 Article 4 83 Article 5 84 Article 6 85 – 86 Article 7 88 – 93 Article 8 94 – 99 Article 9 100 – 107 Article 10 108 – 114 Article 11 115 Article 12 116 – 117 Article 13 118 – 126 Article 14 127 – 147 Article 15 148 – 149 Article 16 150 Article 17 151 – 155 Article 18 156 – 163 Article 19 164 – 166 Article 20 167 2 Article 21 168 - 170 Article 22 171 - 177 Article 23 178 – 180 Article 24 181 – 188 Article 25 189 - 193 Article 26 194 - 198 Article 27 199 – 204 3 Iceland’s Fifth Periodic Report on the Implementation of the International Covenant on Civil and Political Rights Pursuant to Article 40 of the Covenant I. -
Sniðmát Meistaraverkefnis HÍ
Master’s thesis in Environment and Natural Resources Westfjords and the EarthCheck environmental certificate Cooperation between municipalities and companies Kristín Halldóra Halldórsdóttir Instructor: Helga Ögmundardóttir Graduation month October 2020 1 Westfjords and the EarthCheck environmental certificate Cooperation between municipalities and companies Kristín Halldóra Halldórsdóttir Final thesis submitted in partial fulfilment of a MA degree in Environment and Natural Resources Instructor: Helga Ögmundardóttir 30 ECTS Faculty of Sociology, Anthropology and Folkloristics School of Social Sciences, University of Iceland Graduation October 2020 ii Westfjords and the EarthCheck environmental certificate: cooperation between municipalities and companies This final thesis is submitted in partial fulfilment of a MA degree in Environment and Natural Resources. The thesis may not be copied in any form without the author’s permission. © Kristín Halldóra Halldórsdóttir, 2020 Reykjavik, Iceland, 2020 iii Útdráttur Sveitarfélög á Vestfjörðum hafa fengið starfsemi sína umhverfisvottaða af EarthCheck. EarthCheck vottunin leggur þá skyldu á herðar sveitarfélaganna að bæta frammistöðu sína í umhverfismálum og vinna að sjálfbærri þróun. Íbúar Vestfjarða og fyrirtæki á svæðinu eru ekki skuldbundin til að uppfylla þau viðmið sem EarthCheck setur. Markmiðið með þessari rannsókn er að kanna hversu mikla þekkingu forsvarsfólk fyrirtækja á Vestfjörðum hefur á EarthCheck umhverfisvottuninni auk þess að greina hvaða leiðir eru færar til að hvetja fyrirtæki á Vestfjörðum til að leggja meiri áherslu á umhverfismál. Til að öðlast dýpri skilning á viðhorfum þátttakanda var beitt eigindlegri rannsóknaraðferð. Alls voru tekin 16 viðtöl við starfsmenn fyrirtækja á Vestfjörðum. Þau voru tekin í júlí og ágúst 2020. Niðurstöðurnar gefa til kynna að fyrirtæki á svæðinu hafi ekki mikla þekkingu á EarthCheck umhverfisvottuninni. -
Congress of Local and Regional Authorities of the Council of Europe Refers To: A
32nd SESSION CPL32(2017)06final 29 March 2017 Local democracy in Iceland Monitoring Committee Rapporteurs1: Zdenek BROZ, Czech Republic (L, ECR) Jakob WIENEN, Netherlands (L, EPP/CCE) Recommendation 402 (2017)..................................................................................................................2 Explanatory memorandum ......................................................................................................................4 Summary This report follows the second monitoring visit to Iceland since it ratified the European Charter of Local Self-Government in 1991. It shows that the country has a satisfactory level of local democracy. The report praises recent developments fostering local self-government, including the promotion of the involvement of local authorities in national decision-making and increased inter-municipal co-operation and citizen participation in local authorities. In particular, it underlines that the national and local authorities were able to deal with a major financial crisis and its economic and social consequences without undermining local self-government. Nevertheless, the rapporteurs draw the authorities’ attention to the absence of a clear division of responsibilities between central government and local authorities, the lack of direct applicability of the Charter in the domestic legal system and the fact that the capital, Reykjavik, has not been granted a special status in accordance with Recommendation 219 (2007). Lastly, local authorities still do not have adequate resources for performing all their functions. The Congress recommends that the Icelandic authorities clarify the division of responsibilities between central government and local authorities and pass legislation to give the Charter legal force in Iceland’s domestic legal system. It also urges them to provide local authorities with adequate and sufficient financial resources and grant the city of Reykjavik a special status to take account of its particular needs compared to other municipalities.