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Relevant bibliographies by topics / Administration of (Canon law)

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Academic literature on the topic 'Administration of (Canon law)'

Author: Grafiati

Published: 4 June 2021

Last updated: 31 July 2024

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Journal articles on the topic "Administration of (Canon law)"

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Świto, Lucjan. "Economic Activity in the Church – the Penal Dimension. Comments on the Amendment to Canon 1376 CIC." Biuletyn Stowarzyszenia Kanonistów Polskich 33, no. 36 bis (November 21, 2023): 263–78. http://dx.doi.org/10.32077/bskp.7974.

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The 1983 Code of Canon Law does not contain any norms regulating the economic activity of ecclesiastical juridic persons. This does not mean, however, that canon law has no regard for that. The ecclesiastical legislator’s concern for the supervision of economic activity is expressed in the regulation of rather complex ways of managing church property, including the special act of its alienation, and determination of penal sanctions for violating the relevant rules. The penal norm of Canon 1377 that was previously in force, penalizing the alienation of church property without the requisite permission, has now been significantly extended. Pope Francis, reforming Book VI of the Code of Canon Law, expanded the scope and principles of penal liability for economic abuses by redacting Canon 1376 anew. The norm of this provision penalises the offence of misappropriating or preventing the gaining of benefits from church goods (which was previously absent from the Code) and the offence of performing unlawful acts in the administration of church goods (which has been significantly extended). Reflecting on the penal aspect of administration of church property, the article attempts to answer the following questions: What are these offences? What was the legislator’s intention? What is the essence of the penal law reform in the area at hand?

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Alexandrowicz, Piotr. "Nowe szaty króla – uwagi nad książką Krzysztofa Burczaka." Krakowskie Studia z Historii Państwa i Prawa 16, no. 4 (2023): 533–58. http://dx.doi.org/10.4467/20844131ks.23.043.19037.

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The Emperor’s New Clothes – Remarks on Krzysztof Burczak’s Book The review essay of the book on quinque compilationes antiquae by Krzysztof Burczak offers a critique of the scope and method applied to the research on the sources of medieval canon law within this monograph. The two objectives or hypotheses of the book are too broad and were not properly justified. The research was based on limited and outdated methods. The approach to the sources of quinque compilationes did not take into account the complicated history of the transmission of canon law texts. The author overlooked the relevance of the science of canon law (e.g., glosses) and application of compilations in courts which were crucial for defending his claims. Unfortunately, the book proves that the state and quality of the history of universal canon law in Poland resembles the emperor’s new clothes.

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Kiczka, Karol. "O poglądach naukowych Profesora Jana Bocia." Opolskie Studia Administracyjno-Prawne 16, no. 1 (2) (May 31, 2019): 159–69. http://dx.doi.org/10.25167/osap.1136.

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Professor Jan Boć conducted important and extensive research. Some arrangements contained in his achievements have entered the canon of administrative law and science of administration. The Professor is a continuator and builder of the Wroclaw School of Administrative Law.

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Szuromi, Szabolcs Anzelm. "Canon Law Manuscripts in the Medieval Abbey of St. Germain des Prés." Archiv für katholisches Kirchenrecht 185, no. 2 (April 23, 2019): 390–404. http://dx.doi.org/10.30965/2589045x-1850202.

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Summary This work is an overview on those medieval canon law manuscripts which still testify the literary culture of the Benedictine Abbey of St. Germain des Prés. For the reconstruction of its original collection, have been used the material of two important libraries, i.e. Paris, Bibliothèque Nationale and the National Library of St. Petersburg. This description can give an outline on the original medieval library, focusing on its canon law material. The analyzed manuscripts testify not only the ownership by this very abbey, but a flourishing canon law activity in several fields of the ecclesiastical institutionalized life wherein they were used on the day-to-day basis. The several hands and many supplements or inscriptions show well the application of canonical norms for instruction, for cases at the ecclesiastical tribunal, for the interpretation of administration sacraments and sacramentals, particularly regarding the matrimonial and penitential service of the faithful.

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Coleman, Janet. "The Two Jurisdictions: Theological and Legal Justifications of Church Property in the Thirteenth Century." Studies in Church History 24 (1987): 75–110. http://dx.doi.org/10.1017/s0424208400008251.

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With the revival of Roman and the development of canon law in the twelfth century a doctrine of supreme and universal jurisdiction began to be expounded with increasing vigour by the papacy. By the thirteenth century those learned in Roman and canon law began to distinguish in more subtle ways between jurisdiction on the one hand and holy orders on the other; between the capacity to make law and to discover law; between legislating and adjudicating; and, most importantly, between ruling and owning. Jurisdiction had become one of a cluster of terms used to define aspects of rulership, authority, prelacy, and imperium. It combined the idea of rightful administration with the legitimate and authoritative use of coercive force.

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Dusil, Stephan. "Pfarrliche Vermögensorganisation zwischen Kirche und Staat: Kirchenpflegen (Kirchenfabriken) in Württemberg im 19. und beginnenden 20. Jahrhundert." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 108, no. 1 (July 1, 2022): 243–83. http://dx.doi.org/10.1515/zrgk-2022-0006.

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Abstract The Administration of Ecclesiastical Goods between State and Church: Fabricae Ecclesiae in Wuerttemberg in the 19th and 20th centuries. Since the Middle Ages, fabricae ecclesiae served to finance the erection and the maintenance of churches. The Church claimed to freely administer these goods, even if lay men often served as administrators. In the 19th century, the Kingdom of Wuerttemberg took over control of these goods and ordered the state municipality, assisted by local clerics, to govern them. In 1887, the king of Wuerttemberg started a process to separate ecclesiastical from secular goods. After WWI, the fabricae ecclesiae in Wuerttemberg were administered entirely by the Catholic Church. This contribution analyses this evolution from three perspectives, namely universal canon law, state law in Wuerttemberg, and particular canon law. It thereby highlights the tension between self-administration and state control of ecclesiastical goods, especially in the 19th century, and points to the fact that even the Catholic Church was part of the secular ruler’s authority over the church.

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ŚWITO, LUCJAN. "Akty zarządzania dobrami doczesnymi." Prawo Kanoniczne 58, no. 3 (January 18, 2017): 105. http://dx.doi.org/10.21697/pk.2015.58.3.05.

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The Code of Canon Law (Corpus Iuris Canonici, CIC), in its version enacted by Pope John Paul II, employs diverse terminology when refer- ring to acts of administration of goods. Can. 1277 of CIC refers to “acts of administration which are more important” and “acts of extraordinary administration”, while the provision of 1281 §1 and §2 of CIC points out the dierence between “acts of ordinary administration” and “acts which exceed the limit and manner of ordinary administration”. Although the terminology adopted in the Code of Canon Law clearly marks the dierence, it does not dene these terms and does not provide any list of these acts. Scholars do not provide much opinion in this matter either, leaving the issue for consideration by particular legislation and legal practice. However, the exact denition of dierences between the above-mentioned acts of admi- nistration is of great practical importance for the validity of acts related to the administration of ecclesiastical property. e article presented herein, based on an analysis of Can. 1277 and Can. 1281 §1, and §2 of CIC, indicates the existing dierences in terminology, and underlines the urgent need to develop a list of extraordinary acts of administration of ecclesiastical goods to ensure the stability of this kind of legal action, and draws attention to the criteria by which acts of extraordinary administration should be formulated.

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Bell, Gary F. "Religious Legal Pluralism Revisited – The Status of the Roman Catholic Church and Her Canon Law in Singapore." Asian Journal of Comparative Law 7 (2012): 1–37. http://dx.doi.org/10.1017/s2194607800000600.

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AbstractBy religious legal pluralism we usually mean state-recognised legal pluralism, such as the kind of legal pluralism implemented in Singapore through the Administration of Muslim Law Act. But there is also religious legal pluralism outside State recognition and enforcement. Many religions have very long legal traditions which have survived, often without much support or official recognition by States (Jewish law, for example). In this paper we shall look at one such tradition, the canon law of the Latin Church of the Roman Catholic Church and its implementation by the Church in Singapore, including the establishment of very busy ecclesiastical tribunals in Singapore to administer disputes relating to the possible nullity of religious marriages, for example. The hope is that this example of Canon Law in Singapore will show that there can be very detailed and formal religious laws implemented by formal institutions such as tribunals outside the ambit of the State.

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Loftus, Sue. "Suitable men to enter the episcopate in Late antique Gaul: Ideal and reality." Journal of the Australian Early Medieval Association 10 (2014): 23–46. http://dx.doi.org/10.35253/jaema.2014.1.2.

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Beside the complicated composition of military and political authority in the successor kingdoms in Gaul in the sixth century there was another power that regulated many of the lives of the community, that of ecclesiastical power. Much of the authority and the achievements of a Gallo-Roman bishop were dependent on his suitability for office. The defining characteristics a candidate was expected to have were found in contemporary church canon law. Canons referring to the requirements for episcopal office were frequent and often reworded and repeated at consecutive councils, indicating both the importance and perhaps the disregard for specific qualifications. This paper discusses both the perceived requirements for episcopal office and the men who were considered suitable and were eventually chosen. The discussion focusses on the period prior to the nomination and the election of the candidate to a bishopric. Evidence of the suitability of these men is demonstrated most clearly through a comparative study of canon law and contemporary narrative sources, hagiography, letters, and poetry. In the late fifth and in the sixth centuries the selection of a new type of man to episcopal office was complicated as a consequence of dwindling Roman power in the West and the subsequent establishment of the autonomous successor kingdoms. Career options became more limited. Aristocratic men who would normally have entered public office in the local or provincial Roman administration now chose instead to enter the ecclesiastical hierarchy, seeing it as an alternative career path holding comparable authority. But were they canonically suitable?

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Raźny, Bartosz. "Ethics in the public services – selected aspects." Kultura Bezpieczeństwa. Nauka – Praktyka - Refleksje 38, no. 38 (December 18, 2020): 89–110. http://dx.doi.org/10.5604/01.3001.0014.5943.

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The article discusses various aspects of the theoretical foundations and genesis of the canon of ethics of the Polish public services. A well-functioning public administration is the foundation of the modern state. Working in the public services entails a great deal of responsibility as administration employees must meet certain special requirements. Society expects that the administration, serving its citizenry, act with the common good in mind, which requires that the officials possess a degree of ethical awareness. Officials responsible for decision-making must adhere to applicable laws, in addition to taking into consideration the public interest and the rights of citizens, which frequently leads to conflicts of interest, in particular on the interface of the administration, economy and politics. The purpose of this paper is to present the role of ethics in the functioning of public administration organs in a modern democratic state adhering to the rule of law. Ethical issues are closely related to the legal and institutional aspects of public administration – and should be analysed as such. The article discusses various theoretical and general aspects of the relations between law, morality and ethics, the role of ethics infrastructure in public administration and the institutional and legal instruments used to prevent pathological behaviours.

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Dissertations / Theses on the topic "Administration of (Canon law)"

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O'Toole, Siobhan M. "Conditional conferral in the administration of the sacraments from incentive to reticence /." Theological Research Exchange Network (TREN), 1988. http://www.tren.com.

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Nguyen, Benedict Trung. "The establishment and administration of Catholic cemeteries in the Diocese of La Crosse." Theological Research Exchange Network (TREN), 2002. http://www.tren.com.

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Saviour, Joseph P. "The administration of the sacrament of marriage to the faithful of Syro-Malabar rite in the diaspora." Theological Research Exchange Network (TREN), 2006. http://www.tren.com/search.cfm?p029-0669.

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Beaudet, Christopher J. "The diocesan bishop's non-penal administrative discipline of pastors who harm ecclesiastical communion." Theological Research Exchange Network (TREN) Access this title online, 2005. http://www.tren.com.

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Sammon, Henry Matthew. "Temporal administration in the American province of the Institute of the Marist Brothers of the Schools." Theological Research Exchange Network (TREN) Access this title online, 2005. http://www.tren.com.

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Kabongo, Lukunda Bertrand. "Statut canonique de l'école Catholique au Congo-Zaïre à la lumière du Canon 803." Thesis, University of Ottawa (Canada), 2003. http://hdl.handle.net/10393/28987.

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Toute institution a ses règles de bonne gouvernance qui fixent son champ de compétence et définissent sa nature juridique. Il en est de meme de l'Église catholique et de ses institutions. Les institutions scolaires catholiques sont non seulement soumises aux exigences canoniques qui leur assurent leur catholicité, mais aussi aux lois civiles qui déterminent leur nature. Cette thèse présente les raisons, historiques et actuelles du dysfonctionnement du système scolaire congolais en général et de l'enseignement catholique en particulier. Elle propose aussi les voies qui ouvrent vers une école réellement catholique. Au Congo, l'école catholique est soit privée, soit publique confessionnelle. C'est sous ce dernier aspect que son étude devient intéressante. L'État et l'Église se sont engagés comme collaborateurs sur base de la Convention de gestion signée en 1977. Celle-ci définit le champ de compétence de chacun. Malheureusement, cette convention qui devrait garantir le bon fonctionnement des écoles est aussi source des conflits qui opposent les principaux signataires. Il ne peut en être autrement dans un régime dictatorial ou la volonté d'une seule personne ou d'un groupe de personnes a aussi force de loi. La loi-cadre de l'enseignement national promulguée en 1986, tout en fournissant les éléments valables pour la bonne gestion des écoles, connaît aussi le sort des autres textes juridique Congolais. Les enfants catholique comme tous les autres enfants, ont droit a une éducation saine et intégrale. L'Église comme "mère et éducatrice" se fait le devoir de fonder et de gérer ses propres écoles. Elle donne les éléments formels et substantiels qui déterminent l'identité d'une école qui se veut catholique. Ces éléments fixent les quatre champs de compétence de l'école catholique: qualité de l'enseignement général, qualité de l'enseignement religieux, qualité de l'éducation catholique, implication de l'école catholique dans la mission de l'Église. Comment concilier la législation civile et la législation canonique? L'étude du canon 803 du Code de droit canonique fournit des éléments valables pour un nouveau débat sur la nature juridique des écoles au Congo. C'est le travail que nous avons réalisé dans cette thèse pour l'interêt de tous, parents, élèves, Église et État.

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Basteyns, Margaret M. Wildeman. "Canon 517 [par.] 2 and the lay pastoral administrator some canonical considerations /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Śniosek, Jarosław. "Hierarchical recourse a remedy for injuries suffered from administrative acts /." Theological Research Exchange Network (TREN), 2007. http://www.tren.com/search.cfm?p029-0693.

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Huber, Matthew Patrick. "Pastoral administrator of a parish according to canon 517 [par.] 2 implementation in the dioceses of Region XII /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Lewis, Ryan P. "The prerogatives of the diocesan administrator in the exercise of governance." Theological Research Exchange Network (TREN) Access this title online, 2004. http://www.tren.com.

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Books on the topic "Administration of (Canon law)"

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Moneta, Paolo. La giustizia nella Chiesa. Bologna: Il mulino, 2002.

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Moneta, Paolo. La giustizia nella Chiesa. Bologna: Il mulino, 1993.

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Martín, Julio García. Il decreto singolare. Roma: EDIURCLA, 2004.

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Pontificia Università della Santa Croce and Catholic Church. Pontificium Consilium de Legum Textibus, eds. Towards future developments in penal law: U.S. theory and practice : a symposium held under the auspices of the Pontifical Council for Legislative Texts at the Pontifical University of the Holy Cross, Rome, March 5-6, 2009. Montréal: Wilson & Lafleur, 2010.

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Pérez-Madrid, Francisca. Derecho administrativo sancionador en el ordenamiento canónico: Una propuesta para su construcción. Pamplona: Ediciones Universidad de Navarra, 1994.

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Amann, Thomas A. Der Verwaltungsakt für Einzelfälle: Eine Untersuchung aufgrund des Codex iuris canonici. St. Ottilien: EOS Verlag Erzabtei, 1997.

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Balbi, Raffaele. La sentenza ingiusta nel Decretum di Graziano. Napoli: Jovene Editore, 1990.

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Grazian, Francesco. La nozione di amministrazione e di alienazione nel Codice di diritto canonico. Roma: Pontificia università gregoriana, 2002.

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Eduardo, Baura, Canosa Javier, and Pontificia Università della Santa Croce. Facultà di diritto canonico., eds. La giustizia nell'attività amministrativa della Chiesa: Il contenzioso amministrativo. Milano: Giuffrè, 2006.

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Nwagwu, Mary Gerard Anna. Judicial and administrative processes in the church: Certain special processes. Port Harcourt: Catholic Institute of West Africa, 2004.

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Book chapters on the topic "Administration of (Canon law)"

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Musson, Anthony. "The Influence of the Canon Law on the Administration of Justice in Late Medieval England." In Der Einfluss der Kanonistik auf die europäische Rechtskultur, 325–44. Köln: Böhlau Verlag, 2014. http://dx.doi.org/10.7788/boehlau.9783412216993.325.

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Brundage, James A., John Marenbon, Paul Thom, André Goddu, Christophe Grellard, Stephen F. Brown, Cary J. Nederman, et al. "Canon Law." In Encyclopedia of Medieval Philosophy, 189–91. Dordrecht: Springer Netherlands, 2011. http://dx.doi.org/10.1007/978-1-4020-9729-4_113.

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Brundage, James A. "Canon Law." In Encyclopedia of Medieval Philosophy, 325–28. Dordrecht: Springer Netherlands, 2020. http://dx.doi.org/10.1007/978-94-024-1665-7_113.

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Eichbauer, Melodie H. "Law in the Early Christian Church." In Medieval Canon Law, 7–18. 2nd ed. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003156734-2.

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Eichbauer, Melodie H. "Introduction." In Medieval Canon Law, 1–6. 2nd ed. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003156734-1.

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Eichbauer, Melodie H. "Decretal Collections and the Decretalists." In Medieval Canon Law, 66–83. 2nd ed. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003156734-6.

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Eichbauer, Melodie H. "Canonical Courts and Procedure." In Medieval Canon Law, 100–121. 2nd ed. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003156734-8.

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Eichbauer, Melodie H. "Canon Law amid the Eleventh-Century Reform Efforts." In Medieval Canon Law, 35–50. 2nd ed. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003156734-4.

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Eichbauer, Melodie H. "Gratian and the Decretists." In Medieval Canon Law, 51–65. 2nd ed. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003156734-5.

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Eichbauer, Melodie H. "The Impact of Canon Law on Western Societies1." In Medieval Canon Law, 145–56. 2nd ed. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003156734-10.

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Conference papers on the topic "Administration of (Canon law)"

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Pétiová, Veronika. "Riešeniu problému nedostatku farárov v platnom kánonickom práve správou farností in solidum." In Naděje právní vědy 2022. University of West Bohemia, Czech Republic, 2023. http://dx.doi.org/10.24132/zcu.nadeje.2022.480-486.

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The Church is increasingly facing the problem of a shortage of priests, and there is the expectation that this problem will grow in the future. In some countries many parishes are already without a priest and this situation needs to be addressed. The current Code of Canon Law offers the possibility of parish administration in a so-called solidarity way. In this paper we would like to analyse the institute of parish administration in solidum, which is found only in the current Code of Canon Law, whereas the previous legislation did not recognise this institute. At the same time, we want to gain insight from the experience of some countries that use this model of parish pastoral care, in contrast to the Slovak dioceses, which only take an exceptional approach to it. It is anticipated that in a couple of decades, due to the need for a shortage of priests, there will be a growing need to address the staffing of parishes in this way as well.

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Rapajić, Milan. "ADMINISTRATION CONTRACTS." In International scientific conference challenges and open issues of service law. Vol. 2. University of Kragujevac, Faculty of law, 2024. http://dx.doi.org/10.46793/xxmajsko2.305r.

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n the paper, the author deals with the topic of administration contacts, as the broadest category of contracts concluded by the state. In this sense, the term "administrative contracts" is narrower than the term "administration contracts". By the way, the administrative contract became a legal category with the adoption of the Law on General Administrative Procedure from 2016. Based on this Law, the administrative contract is concluded only when it is determined by a special law. The author expresses his opinion that the domestic legislator has not characterized any management contract as an administrative contract. The paper compares administration contracts - public procurement contracts, public service entrustment contracts and public-private partnership contracts with administrative contracts, analyzes their legal nature, but nevertheless concludes that despite the similarity of these administration contracts with administrative contracts, they are not administrative contracts

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Gavriș, A. E. "Public Administration in Reconstruction." In TOPICAL ISSUES OF SOCIAL SCIENCE UNDER MARTIAL LAW IN UKRAINE. Baltija Publishing, 2024. http://dx.doi.org/10.30525/978-9934-26-428-3-42.

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Agustina, Enny. "The Action of Public Law by Agency or Officer State Administration that Violates the Law: State administrative law perspective." In Proceedings of the First International Conference on Administration Science (ICAS 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/icas-19.2019.9.

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Melnyk, I. V. "Principles of the implementation of law enforcement functions by public administration entities in Ukraine." In PUBLIC ADMINISTRATION: EUROPEAN DEVELOPMENT STRATEGIES. Baltija Publishing, 2021. http://dx.doi.org/10.30525/978-9934-26-045-2-36.

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Suleimanova, M. I. "The Institute of Administrative Procedure is a novel in interaction with subjects of public administration." In THE LATEST LAW DEVELOPMENTS. Baltija Publishing, 2024. http://dx.doi.org/10.30525/978-9934-26-432-0-23.

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Pavlovskis, Germans. "Pacta sunt servanda principa attīstība romiešu tiesībās." In Latvijas Universitātes 81. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2023. http://dx.doi.org/10.22364/juzk.81.05.

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The article provides a scientific insight into the sources of Article 1587 of the Civil Law of the Republic of Latvia and their role in the development of pacta sunt servanda principle. The article presents an insight into evolvement of pacts in Roman law and during the reception of Roman law, including an assessment of the influence of canon law on the development of the pacta sunt servanda principle as a basis of the principle of freedom of contract and its role in overcoming the numerus clausus principle in Roman contract law. Finally, an analysis of particular law sources is presented, demonstrating a common approach to the reception of Roman law in the south-west of Germany and the Baltic provinces.

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Lukashuk, V. V. "Principles of administrative tort law: general theoretical characteristics." In DIGITAL TRENDS AND ANTI-CORRUPTION REFORMS IN PUBLIC ADMINISTRATION. Baltija Publishing, 2023. http://dx.doi.org/10.30525/978-9934-26-369-9-12.

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Zeng, Chen. "Determination of Schools' Responsibility in School Accidents From the Prospective of Comparative Law Between Chinese Law and Korean Law." In Proceedings of the 4th International Conference on Economy, Judicature, Administration and Humanitarian Projects (JAHP 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/jahp-19.2019.46.

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Bagan, Vladislav Vladimirovich. "THE SYSTEM OF CHURCH LAW IN THE CANONICAL HERITAGE OF ARCHPRIEST MIKHAIL ALBOV." In Themed collection of papers from Foreign International Scientific Conference «Trends in the development of science and Global challenges» Ьу НNRI «National development» in cooperation with AFP. April 2023. - Managua (Nicaragua). Crossref, 2023. http://dx.doi.org/10.37539/230415.2023.30.96.003.

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The presented article is an analysis of the church-legal views of the Russian canonist Archpriest Mikhail Albov. Despite the creation by Father Mikhail of one of the authoritative lecture courses on church law, the legacy of MP Albov remains poorly understood. The presented article uses the historical-critical method, which allows to give an objective picture of the teaching activities and the canonical heritage of Archpriest Mikhail Albov in St. Petersburg educational institutions. Higher educational institutions of St. Petersburg in the second half of the 19th century became one of the main scientific centers for the development of the academic discipline "canon law". This article is relevant because it tries to reveal the scientific achievements of an influential pre-revolutionary canonist, undeservedly forgotten by today's academic researchers.

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Reports on the topic "Administration of (Canon law)"

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Peixoto Gomes, Larissa, James Downe, and Manon Roberts. Reform of electoral law and practice. Wales Centre for Public Policy - Cardiff University, March 2022. http://dx.doi.org/10.54454/20220325.

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The WCPP was asked to research how changes in electoral administration have affected turnout internationally, to inform Welsh Government decisions in this area and suggest possible areas of improvement. There were four areas of focus: Candidate and agent safety Innovative electoral practice Campaign finances and spending Early voting The role of electoral management bodies was also analysed.

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Kokurina, O. Yu. VIABILITY AND RESILIENCE OF THE MODERN STATE: PATTERNS OF PUBLIC-LEGAL ADMINISTRATION AND REGULATION. Kokurina O.Yu., February 2022. http://dx.doi.org/10.12731/kokurina-21-011-31155.

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The modern understanding of the state as a complex social system allows us to assert that its resilience is based on ensuring systemic homeostasis as a stabilizing dynamic mechanism for resolving contradictions arising in society associated with the threat of losing control over the processes of public administration and legal regulation. Public administration is a kind of social management that ensures the organization of social relations and processes, giving the social system the proper coordination of actions, the necessary orderliness, sustainability and stability. The problem of state resilience is directly related to the resilience of state (public) administration requires a «breakthrough in traditional approaches» and recognition of «the state administration system as an organic system, the constituent parts and elements of which are diverse and capable of continuous self-development». Within the framework of the «organizational point of view» on the control methodology, there are important patterns and features that determine the viability and resilience of public administration and regulation processes in the state and society. These include: W. Ashby's cybernetic law of required diversity: for effective control, the degree of diversity of the governing body must be no less than the degree of diversity of the controlled object; E. Sedov’s law of hierarchical compensations: in complex, hierarchically organized and networked systems, the growth of diversity at the top level in the structure of the system is ensured by a certain limitation of diversity at its lower levels; St. Beer’s principle of invariance of the structure of viable social systems. The study was supported by the RFBR and EISI within the framework of the scientific project No. 21-011-31155.

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Lewis, Dustin, and Naz Modirzadeh. Taking into Account the Potential Effects of Counterterrorism Measures on Humanitarian and Medical Activities: Elements of an Analytical Framework for States Grounded in Respect for International Law. Harvard Law School Program on International Law and Armed Conflict, May 2021. http://dx.doi.org/10.54813/qbot8406.

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For at least a decade, States, humanitarian bodies, and civil-society actors have raised concerns about how certain counterterrorism measures can prevent or impede humanitarian and medical activities in armed conflicts. In 2019, the issue drew the attention of the world’s preeminent body charged with maintaining or restoring international peace and security: the United Nations Security Council. In two resolutions — Resolution 2462 (2019) and Resolution 2482 (2019) — adopted that year, the Security Council urged States to take into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities, including medical activities, that are carried out by impartial humanitarian actors in a manner consistent with international humanitarian law (IHL). By implicitly recognizing that measures adopted to achieve one policy objective (countering terrorism) can impair or prevent another policy objective (safeguarding humanitarian and medical activities), the Security Council elevated taking into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities to an issue implicating international peace and security. In this legal briefing, we aim to support the development of an analytical framework through which a State may seek to devise and administer a system to take into account the potential effects of counterterrorism measures on humanitarian and medical activities. Our primary intended audience includes the people involved in creating or administering a “take into account” system and in developing relevant laws and policies. Our analysis zooms in on Resolution 2462 (2019) and Resolution 2482 (2019) and focuses on grounding the framework in respect for international law, notably the U.N. Charter and IHL. In section 1, we introduce the impetus, objectives, and structure of the briefing. In our view, a thorough legal analysis of the relevant resolutions in their wider context is a crucial element to laying the conditions conducive to the development and administration of an effective “take into account” system. Further, the stakes and timeliness of the issue, the Security Council’s implicit recognition of a potential tension between measures adopted to achieve different policy objectives, and the relatively scant salient direct practice and scholarship on elements pertinent to “take into account” systems also compelled us to engage in original legal analysis, with a focus on public international law and IHL. In section 2, as a primer for readers unfamiliar with the core issues, we briefly outline humanitarian and medical activities and counterterrorism measures. Then we highlight a range of possible effects of the latter on the former. Concerning armed conflict, humanitarian activities aim primarily to provide relief to and protection for people affected by the conflict whose needs are unmet, whereas medical activities aim primarily to provide care for wounded and sick persons, including the enemy. Meanwhile, for at least several decades, States have sought to prevent and suppress acts of terrorism and punish those who commit, attempt to commit, or otherwise support acts of terrorism. Under the rubric of countering terrorism, States have taken an increasingly broad and diverse array of actions at the global, regional, and national levels. A growing body of qualitative and quantitative evidence documents how certain measures designed and applied to counter terrorism can impede or prevent humanitarian and medical activities in armed conflicts. In a nutshell, counterterrorism measures may lead to diminished or complete lack of access by humanitarian and medical actors to the persons affected by an armed conflict that is also characterized as a counterterrorism context, or those measures may adversely affect the scope, amount, or quality of humanitarian and medical services provided to such persons. The diverse array of detrimental effects of certain counterterrorism measures on humanitarian and medical activities may be grouped into several cross-cutting categories, including operational, financial, security, legal, and reputational effects. In section 3, we explain some of the key legal aspects of humanitarian and medical activities and counterterrorism measures. States have developed IHL as the primary body of international law applicable to acts and omissions connected with an armed conflict. IHL lays down several rights and obligations relating to a broad spectrum of humanitarian and medical activities pertaining to armed conflicts. A violation of an applicable IHL provision related to humanitarian or medical activities may engage the international legal responsibility of a State or an individual. Meanwhile, at the international level, there is no single, comprehensive body of counterterrorism laws. However, States have developed a collection of treaties to pursue specific anti-terrorism objectives. Further, for its part, the Security Council has assumed an increasingly prominent role in countering terrorism, including by adopting decisions that U.N. Member States must accept and carry out under the U.N. Charter. Some counterterrorism measures are designed and applied in a manner that implicitly or expressly “carves out” particular safeguards — typically in the form of limited exceptions or exemptions — for certain humanitarian or medical activities or actors. Yet most counterterrorism measures do not include such safeguards. In section 4, which constitutes the bulk of our original legal analysis, we closely evaluate the two resolutions in which the Security Council urged States to take into account the effects of (certain) counterterrorism measures on humanitarian and medical activities. We set the stage by summarizing some aspects of the legal relations between Security Council acts and IHL provisions pertaining to humanitarian and medical activities. We then analyze the status, consequences, and content of several substantive elements of the resolutions and what they may entail for States seeking to counter terrorism and safeguard humanitarian and medical activities. Among the elements that we evaluate are: the Security Council’s new notion of a prohibited financial “benefit” for terrorists as it may relate to humanitarian and medical activities; the Council’s demand that States comply with IHL obligations while countering terrorism; and the constituent parts of the Council’s notion of a “take into account” system. In section 5, we set out some potential elements of an analytical framework through which a State may seek to develop and administer its “take into account” system in line with Resolution 2462 (2019) and Resolution 2482 (2019). In terms of its object and purpose, a “take into account” system may aim to secure respect for international law, notably the U.N. Charter and IHL pertaining to humanitarian and medical activities. In addition, the system may seek to safeguard humanitarian and medical activities in armed conflicts that also qualify as counterterrorism contexts. We also identify two sets of preconditions arguably necessary for a State to anticipate and address relevant potential effects through the development and execution of its “take into account” system. Finally, we suggest three sets of attributes that a “take into account” system may need to embody to achieve its aims: utilizing a State-wide approach, focusing on potential effects, and including default principles and rules to help guide implementation. In section 6, we briefly conclude. In our view, jointly pursuing the policy objectives of countering terrorism and safeguarding humanitarian and medical activities presents several opportunities, challenges, and complexities. International law does not necessarily provide ready-made answers to all of the difficult questions in this area. Yet devising and executing a “take into account” system provides a State significant opportunities to safeguard humanitarian and medical activities and counter terrorism while securing greater respect for international law.

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Schuster, Christian. Strategies to Professionalize the Civil Service: Lessons from the Dominican Republic. Inter-American Development Bank, September 2014. http://dx.doi.org/10.18235/0010594.

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Drawing on a case study of recent reforms in the Dominican Republic, this technical note derives lessons about strategies to professionalize the civil service. As in other countries with less professionalized civil services, the Dominican Republic's political economy is biased against reform: promises of public employment tend to be important to successful electoral mobilization. Nonetheless, passage of a new public service law and its partial implementation were achieved. The case study finds that the construction of a broad societal coalition demanding reform may account for this puzzle. For legislative approval, alliance formation extended to not only traditional reform allies, such as the international community, NGOs, business associations, the media, progressive governing legislators and a politically influential minister, but also novel allies, including opposition parties. Reform implementation was fostered by the periodic and well-publicized societal monitoring of an achievable set of reform objectives aligned with the strategic priorities of the Ministry of Public Administration. As a result, political incentives were tilted towards legal reform passage and incremental compliance in civil service subsystems such as organizational structures, information systems and training not perceived as threatening to core electoral mobilization interests, yet not in more politically contentious subsystems, such as recruitment and selection. The case study underscores the desirability of constructing broad societal coalitions to enable civil service professionalization particularly in contexts where potential societal veto actors with vested interests, such as public sector unions, are largely absent. It also underscores the continued weight of political economy constraints in conditioning the subsystems in which civil service reform implementation may be achieved.

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Mahdavian, Farnaz. Germany Country Report. University of Stavanger, February 2022. http://dx.doi.org/10.31265/usps.180.

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Germany is a parliamentary democracy (The Federal Government, 2021) with two politically independent levels of 1) Federal (Bund) and 2) State (Länder or Bundesländer), and has a highly differentiated decentralized system of Government and administration (Deutsche Gesellschaft für Internationale Zusammenarbeit, 2021). The 16 states in Germany have their own government and legislations which means the federal authority has the responsibility of formulating policy, and the states are responsible for implementation (Franzke, 2020). The Federal Government supports the states in dealing with extraordinary danger and the Federal Ministry of the Interior (BMI) supports the states' operations with technology, expertise and other services (Federal Ministry of Interior, Building and Community, 2020). Due to the decentralized system of government, the Federal Government does not have the power to impose pandemic emergency measures. In the beginning of the COVID-19 pandemic, in order to slowdown the spread of coronavirus, on 16 March 2020 the federal and state governments attempted to harmonize joint guidelines, however one month later State governments started to act more independently (Franzke & Kuhlmann, 2021). In Germany, health insurance is compulsory and more than 11% of Germany’s GDP goes into healthcare spending (Federal Statistical Office, 2021). Health related policy at the federal level is the primary responsibility of the Federal Ministry of Health. This ministry supervises institutions dealing with higher level of public health including the Federal Institute for Drugs and Medical Devices (BfArM), the Paul-Ehrlich-Institute (PEI), the Robert Koch Institute (RKI) and the Federal Centre for Health Education (Federal Ministry of Health, 2020). The first German National Pandemic Plan (NPP), published in 2005, comprises two parts. Part one, updated in 2017, provides a framework for the pandemic plans of the states and the implementation plans of the municipalities, and part two, updated in 2016, is the scientific part of the National Pandemic Plan (Robert Koch Institut, 2017). The joint Federal-State working group on pandemic planning was established in 2005. A pandemic plan for German citizens abroad was published by the German Foreign Office on its website in 2005 (Robert Koch Institut, 2017). In 2007, the federal and state Governments, under the joint leadership of the Federal Ministry of the Interior and the Federal Ministry of Health, simulated influenza pandemic exercise called LÜKEX 07, and trained cross-states and cross-department crisis management (Bundesanstalt Technisches Hilfswerk, 2007b). In 2017, within the context of the G20, Germany ran a health emergency simulation exercise with representatives from WHO and the World Bank to prepare for future pandemic events (Federal Ministry of Health et al., 2017). By the beginning of the COVID-19 pandemic, on 27 February 2020, a joint crisis team of the Federal Ministry of the Interior (BMI) and the Federal Ministry of Health (BMG) was established (Die Bundesregierung, 2020a). On 4 March 2020 RKI published a Supplement to the National Pandemic Plan for COVID-19 (Robert Koch Institut, 2020d), and on 28 March 2020, a law for the protection of the population in an epidemic situation of national scope (Infektionsschutzgesetz) came into force (Bundesgesundheitsministerium, 2020b). In the first early phase of the COVID-19 pandemic in 2020, Germany managed to slow down the speed of the outbreak but was less successful in dealing with the second phase. Coronavirus-related information and measures were communicated through various platforms including TV, radio, press conferences, federal and state government official homepages, social media and applications. In mid-March 2020, the federal and state governments implemented extensive measures nationwide for pandemic containment. Step by step, social distancing and shutdowns were enforced by all Federal States, involving closing schools, day-cares and kindergartens, pubs, restaurants, shops, prayer services, borders, and imposing a curfew. To support those affected financially by the pandemic, the German Government provided large economic packages (Bundesministerium der Finanzen, 2020). These measures have adopted to the COVID-19 situation and changed over the pandemic. On 22 April 2020, the clinical trial of the corona vaccine was approved by Paul Ehrlich Institute, and in late December 2020, the distribution of vaccination in Germany and all other EU countries

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