Academic literature on the topic 'Administrative lawsuit'
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Journal articles on the topic "Administrative lawsuit"
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Bimasakti, Muhammad Adiguna. "LAWSUIT IN ADMINISTRATIVE COURT AFTER ADMINISTRATIVE PROCEEDINGS BASED ON PERMA NO. 6 OF 2018." Jurnal Hukum dan Peradilan 8, no. 3 (December 12, 2019): 458. http://dx.doi.org/10.25216/jhp.8.3.2019.458-480.
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The enactment of Law No. 30 of 2014 concerning Government Administration very much changes the paradigm of the proceedings in the State Administrative Court. One of the fundamental things is about administrative proceedings as pre-litigation proceedings. Under Article 75 of Law No. 30 of 2014 concerning Government Administration, citizens who feel disadvantaged by a Government’s Decision or Action can file an administrative proceedings, and then file a lawsuit in the Administrative Court. Regarding this regulation, two interpretations arise regarding the obligation of administrative proceedings as pre-litigation proceedings. One party argues that the administrative proceedings as pre-litigation proceedings must be carried out before filing a lawsuit in the Court, and the other argues this is not mandatory. For a period of four years, the interpretation of the obligation of administrative proceedings as a pre-litigation proceedings in Law No. 30 of 2014 concerning Government Administration is floating in the realm of discourse. It was only on December 4th, 2018 that the Supreme Court issued a Supreme Court Regulation (PERMA) No. 6 of 2018 concerning Guidelines for Resolving Disputes Regarding Government Administration After Administrative Proceedings, finally the Supreme Court dictates that administrative proceedings as a pre-litigation proceedings is a must. However, the PERMA does not regulate fundamental things regarding lawsuit after administrative proceedings, namely, who will be seated as the defendant, and what is the object of the lawsuit. In addition, there are also a number of things that needed to be reviewed regarding the arrangements in the PERMA, such as regarding the deadline for a lawsuit in the Court.
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Swasono, Andri, and Gunarto Gun. "TINJAUAN YURIDIS PERMASALAHAN DAN AKIBAT HUKUMNYA ATAS KEPUTUSAN MAJELIS PENGAWAS NOTARIS SEBAGAI OBJEK GUGATAN DI PENGADILAN TATA USAHA NEGARA." Jurnal Akta 4, no. 1 (March 10, 2017): 91. http://dx.doi.org/10.30659/akta.v4i1.1751.
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Research with a title “Juridical Review The Problems And The Legal Consequences Of The Decision Of Notary Supervisory Board As The Object Of Lawsuit In Administrative Court” examine the issues arising from the decision issued by the notary supervisory board whether it is a state administrative decision.The decision of the notary supervisory board is an administrative decision which can be used as the object of lawsuit in state administrative court as referred to in the terms of the state administrative decision, namely a written stipulation issued by the agency / officials of state administration which contains administrative legal action based on laws and regulations, which is a concrete, individual, and final, and have a legal effect on a person or civil legal entity.To be able to become the object of a lawsuit after first ensured it is not a state administrative decision which is exempted as meant in Article 2 and Article 49, and shall be ensured that all administrative efforts have been taken.Keywords: notary supervisory board, state administrative decision, object of lawsuit.
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Zhu, Lan, Lei Li, and Jinghe Lang. "The attitudes towards defensive medicine among physicians of obstetrics and gynaecology in China: a questionnaire survey in a national congress." BMJ Open 8, no. 2 (February 2018): e019752. http://dx.doi.org/10.1136/bmjopen-2017-019752.
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ObjectiveThe study aimed to determine prevalence, patterns and risk factors of defensive medicine by obstetricians and gynaecologists across China.DesignThis is a questionnaire survey by written and on-line interview for participants.ParticipantsAmong 1804 registered physicians participating at the 2017 Congress of Chinese Obstetricians and Gynecologists Association in Chengdu City, Sichuan Province, China, from 17 to 20 August 2017, 1486 participants (82.4%) responded the survey.Main outcome measuresParticipants’ strongly disagreed/disagreed and strongly agreed/agreed options were compared to determine specific factors contributing to their preferences towards defensive medicine.ResultsIn the whole cohort of 1486 participants, 903/1486 (60.8%), 283/1486 (19.0%) and 170/283 (60.1%) participants had experienced at least one medical dispute, lawsuit or loss of a lawsuit, respectively; and 1284 (86.4%) participants had witnessed their colleagues exposed to medical disputes, lawsuits or loss of a lawsuit. Generally, 62.9% of the participants strongly agreed or agreed with defensive medicine. Gender, administration duty, employment hospital, education status, subspecialty, exposure to any medical disputes, lawsuits or loss of a lawsuit, and colleagues’ experiences were independent risk factors relevant to participants’ preferences about defensive medicine in a multivariate model. Participants were more prone to accept or endorse defensive medicine if they were female physicians; without administrative duties; working in non-tertiary hospitals; with an undergraduate degree; with any exposure to medical disputes, lawsuits or loss of a lawsuit; or having witnessed colleagues’ similar experiences.ConclusionsAbout two-thirds of Chinese physicians practising obstetrics and gynaecology in our survey agreed with the practice of defensive medicine, but they had diverse preferences and understanding of specific practices, harms of defensive medicine and physician’s roles.
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Sugiharto, Hari, and Bagus Oktafian Abrianto. "PERLINDUNGAN HUKUM NON YUDISIAL TERHADAP PERBUATAN HUKUM PUBLIK OLEH PEMERINTAH." Yuridika 33, no. 1 (February 8, 2018): 41. http://dx.doi.org/10.20473/ydk.v33i1.7280.
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The enactment of Law Number 30 of 2014 on Government Administration had given the changes to the authority of the State Administrative Court. There are two mechanism of the case investigation in the State Administrative Court in providing legal protection against a lawsuit or petition filed by the public. The first mechanism is to file a lawsuit directly to the State Administrative Court. The second mechanism is to resolve internal disputes within the government before filing a lawsuit to the Administrative Courts. There are two mechanisms of the case investigation prove that the existence of discrimination for people who seek justice in the case investigation system in the State Administrative Court. This research focus on an issues first the nature of public legal action by the government in government administration and second Ratio legis non-judicial legal protection against public legal acts by the government. The results which have to be achieved are to provide the prescription of essential truth. There are several problems approach used in this study, such as statute approach, conceptual approach, and case approach.
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Ali, Muhammad, Ardilafiza Ardilafiza, and Jonny Simamora. "BENCHMARK FOR DETERMINATION OF FORCED MONEY IN EXECUTION OF STATE ADMINISTRATIVE COURT JUDGMENT." Bengkoelen Justice : Jurnal Ilmu Hukum 10, no. 1 (June 8, 2020): 40–53. http://dx.doi.org/10.33369/j_bengkoelenjust.v10i1.11353.
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The purpose of this research is to study about Benchmark Determination of the Administrative Court Decision Execution Forced In. Research methods used in this thesis is a research type normative and descriptive analytical research specifications, and approaches used, namely, the approach Law and approach cases. From the research we concluded that since when the claimant may apply for money of enforced at the time of the initial filing a lawsuit to the Administrative Court, for their money forced / Dwangsom in a decision of the State Administrative Court, it is motivated by a petition of Plaintiff in the lawsuit to beg loading money forced / Dwangsom Defendant if lost and wayward implement administrative court ruling, benchmark application is the amount of money forced the ruling stating Plaintiff granted, judgment and decision condemnatoir who has obtained permanent legal force. Because implementing administrative court ruling is always Agency / Administrative Officers are still active, more effective and efficient if the imposition of forced currency / dwangsom taken / deducted from salaries / allowances officials concerned each month. So it is not charged to the State finances forced money order imposing sanctions / dwangsom and administratively feasible, must be followed by concrete implementing regulations relating to money forced / dwangsom to sync with the Administrative Court Act and the Law on Government Administration.
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Kosasih, Ade. "PENYELESAIAN SENGKETA KEPEGAWAIAN AKIBAT PENJATUHAN HUKUMAN DISIPLIN." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 4, no. 2 (July 7, 2018): 111. http://dx.doi.org/10.29300/mzn.v4i2.1015.
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Abstract: An understanding of the rights and efforts that civil servants can take in facing employment disputes arising from the imposition of disciplinary punishment of civil servants, needs to be improved in order to avoid the act of arbitrariness (or willekeur) or action beyond the authority (ultra vires) conducted by the organ of state administrative office. The mechanisms and stages of dispute resolution in the field of personnel, has a variety of channels based on disciplinary violations committed, types of sentences handed down, and the level of position of officials who are authorized to punish. These channels, some through the Administrative Objections and Administrative Appeals. If only through Administrative Objection, then the next stage is the filing of a lawsuit to the State Administrative Court, whereas if the stages are through Administrative Appeals, the first level lawsuit shall be submitted to the Administrative High Court as a first instance court.
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Purnomo, Wahyu, Rr Herini Siti Aisyah, Thoriq Mulahela, and Xavier Nugraha. "Analysis of Lawsuit Against the Factual Action which Conducted by Military after Law Number 30 Year 2014 Concerning Government Administration." Unram Law Review 4, no. 1 (April 21, 2020): 17–25. http://dx.doi.org/10.29303/ulrev.v4i1.107.
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The enactment of law Number 30 of 2014 on Government Administration has caused a paradigm shift under development of state administration decision (in short term known as KTUN). By virtue of article 87 of Law number 30 year 2014, KTUN was not only on the written form, but it can also be a factual act. This causes a change in the absolute competence of lawsuit on factual actions taken by the government from the district administrative court (PTUN). It is arises a question whether Article 87 of Law number 30 year 2014 also applies to claims for factual actions committed by the military. The formulation of problems in this research are 1) The position of a lawsuit against factual actions committed by the military before Law number 30 year 2014 and 2) the claim position against factual actions committed by the military after Law Number 30 Year 2014. This research is a doctrinal research by using a statute approach and conceptual approach. The result of the analysis found that the KTUN paradigm have change under Law number 30 year 2014, which does not affect the absolute competence of lawsuits for factual actions carried out by military, though a government were excluded as mentioned on Article 2 of Law Number 9 of 2004 on Amendments of Law Number 5 of 1986 concerning State Administrative Court. It was confirmed under Article 87 of Law 30/2014, which grammatically states that the only changes to the KTUN are those in Law 51/2009, Law 10/2004, and Law 5/1986. The application of lex specialist pictured under the act number 30 year 2014 which regulated the administrative decision by the government, however concerning the military only regulated under the act number 31 year 1997. Further, the absolute competence on handling the legal factual action by the military since the implementation of law number 30 year 2014 is still held in the district court.
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Gomes, Vanessa Santana, and Tânia Alves Amador. "Studies published in indexed journals on lawsuits for medicines in Brazil: a systematic review." Cadernos de Saúde Pública 31, no. 3 (March 2015): 451–62. http://dx.doi.org/10.1590/0102-311x00219113.
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The aim of this systematic review was to identify and characterize articles in indexed scientific journals with quantitative data surveys on administrative or legal proceedings for access to medicines. The SciELO, LILACS, MEDLINE via PubMed, Embase, and Scopus databases were used. We identified 45 articles, of which 17 were selected. The larger studies, each covering between 2,000 and 2,927 lawsuits, were done in the states of São Paulo, Rio de Janeiro, and Santa Catarina, Brazil. Eleven studies specified the type of legal representation, of which six examined cases with public attorneys and five with private attorneys. Only two studies reported whether the lawsuit was individual or class action, and in both the claims were individual. Since the majority of the medicines requested in the lawsuits were medium to high-cost, the review indicates that lawsuits contributed to the incorporation of these drugs into current pharmaceutical care in Brazil.
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Dianti, Anak Agung Tias Sandya, Anak Agung Sagung Laksmi Dewi, and I. Nyoman Sujana. "Upaya Perlawanan sebagai Akibat Pernyataan Dismissal oleh Ketua Pengadilan Tata Usaha Negara (Studi Kasus di Pengadilan Tata Usaha Negara Denpasar)." Jurnal Konstruksi Hukum 1, no. 2 (October 28, 2020): 260–65. http://dx.doi.org/10.22225/jkh.2.1.2592.260-265.
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The State Administrative Court (PTUN) is held to resolve conflicts of interest that cause disputes between State Administrative Bodies or Officials and citizens. The object of the dispute becoming the authority of PTUN is a written stipulation issued by a State Administration Agency or Official which causes legal consequences and harm to a person or legal entity in a civil manner which is included in the definition of a State Administrative Decree and contained in Article 2 of Law No.5 1986. This study focuses on the resolution of resistance efforts as a result of dismissal statements by the Chairman of the State Administrative Court and the basis for consideration of the Panel of Judges in deciding the case. To achieve this goal, exploration with this research is carried out using a qualitative research design. The results show that the PTUN Law which is used as a reference in stating a lawsuit can be processed or not through the screening stage, which will then be examined and decided by the appropriate Judge, appointed by the Chief Justice with a short procedure. If the plaintiff’s resistance is accepted, the dismissal determination does not pass by the head of the court is canceled. Furthermore, the subject of the lawsuit will be examined and decided according to an ordinary procedure, and vice versa, if the verzet is rejected by the panel of judges examining it, the plaintiff can no longer take legal action. In deciding cases of resistance action as a result of dismissal, it is stated that the decision on the object of the dispute is included in the category of decisions that are exempt from being a State Administrative Decree.
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Осадчий, А. Ю. "ПРАВО НА ЗВЕРНЕННЯ З АДМІНІСТРАТИВНИМ ПОЗОВОМ." Наукові праці Національного університету “Одеська юридична академія” 13 (May 14, 2019): 400–409. http://dx.doi.org/10.32837/npnuola.v13i0.287.
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Стаття присвячена розгляду права на звернення з адміністративним позовом як елемента права на судовий захист в адміністративному судочинстві, обставин, з якими пов'язується його виникнення та реалізація.
The article is devoted to the right to appeal with an administrative lawsuit as an element of the right to judicial protection in the administrative court proceedings, the circumstances, which binds of its occurrence and implementation.
Dissertations / Theses on the topic "Administrative lawsuit"
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Nuchprayool, Bajrawan. "L'accès au juge administratif en Thaïlande." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32004.
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La Constitution du Royaume de Thaïlande de 2007 prévoit une refonte des juridictions administratives avec la séparation de la juridiction judiciaire afin d’assurer la protection des libertés du citoyen face à la puissance publique et de réparer les préjudices causés par l'administration. L’accès au prétoire du juge reste subordonné à un ensemble de règles procédurales. Toutefois, la simplicité des règles semble dominer à première vue, puisque suffit une demande écrite, sans l’obligation d’intervention d’un avocat. Ainsi, la procédure inquisitoire confère au juge l'initiative de la poursuite et la recherche des preuves incombe à l’administration.Dans un contexte marqué par un bouleversement des principes régissant l’accès au juge administratif, la question de l’accès au juge rencontre en pratique de nombreuses limitations issues de la multiplication des règles procédurales ainsi que de l’interprétation du juge. Tel est le cas, notamment, ainsi que le démontre cette thèse, des exigences relatives à la qualité, à la capacité à agir du requérant ou du « cercle de l’intérêt ». Cette mise en perspective des aspects fondamentaux et techniques du contentieux administratif thaïlandais a été influencée par des pays occidentaux, comme la France. Cette étude sur les dimensions théoriques et pratiques de l’accès au juge administratif en Thaïlande propose une réflexion sur la situation actuelle et future du contentieux administratif comme garant de l’État de droitThe Constitution of the Kingdom of Thailand 2007 defines an overhaul of the administrative courts with the separated jurisdictions in order to protect the fundamental rights and freedom of all citizens against the misused of state power, to repair any damages caused by the administration, and to control the legality of administrative acts. Moreover, the regulations on how to bring the cases to courts are simplified into uncomplicated written form and can be conducted without a lawyer. Since in the inquisitorial system lets the judge to gather evidences as to conduct the investigations with the administration.However, there are some restrictions about bringing cases to courts which included the conditions of the applicant's abilities to act and "the circle of interest to sue". This perspective of the fundamental aspects of administrative lawsuit has been influenced by western countries, including France. This research study both the theoretical and practical dimensions on how to bring cases to administrative courts which reflect current and future situation through the analysis of the Thai and French administrative lawsuit systems
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Mazzuco, Giovana Ribas. "Controle de constitucionalidade no processo administrativo tributário." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2006. http://hdl.handle.net/10183/7473.
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Este estudo aborda a viabilidade de enfrentamento, pela autoridade julgadora em processo administrativo fiscal, do argumento de inconstitucionalidade da lei que determina a exigência do tributo. Procede-se a uma análise crítica, a partir de precedentes dos Conselhos de Contribuintes do Ministério da Fazenda, da solução usualmente adotada, de não-conhecimento da irresignação do contribuinte, sob o fundamento da reserva de jurisdição. A proposta defende a possibilidade de pronunciamento do julgador administrativo, com efeitos para o caso concreto, além de sustentar a hipótese como um direito do contribuinte, à luz da garantia constitucional do devido processo legal e dos princípios da legalidade, da moralidade e da eficiência.This study has the purpose of analyzing how the judge when ruling on administrative and fiscal lawsuits has the possibility of challenging the constitutionality of specific tax laws. Critical analysis has been done based on case laws from Taxpayers Councils at the Treasure Department, unknown taxpayers’ confrontation, and jurisdiction. This paper presents the possibilities the judge has when analyzing the suit and the defendant’s right related to constitutional guarantees concerning the due process of law and the principles of legality, morality and effectiveness.
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Lattanzi, Sérgio Igor. "A prescrição intercorrente no direito tributário." Pontifícia Universidade Católica de São Paulo, 2009. https://tede2.pucsp.br/handle/handle/8610.
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Previous issue date: 2009-06-01This paper aims at consolidating the understanding of the possible application of the institute of the intercurrent prescription in tributary judiciary and administrative lawsuits. The basic support for our conclusions will be the prescribed constitutional foundations (principles) that will reinforce the possible application of the institute. We shall demonstrate the position of our courts concerning the subject, and we shall comment on the afore-mentioned decisions, which will make the reader to thing the theme over. We shall find discordant positions both in jurisprudence and doctrine, but we shall try to clear up eventual divergences with the principles of deontic logic, particularly the one concerning non-contradiction. We shall se that from the beginning the tendency of different cultures and countries has been not to eternalize legal relationships. Thus, leaving from this viewpoint we shall reach the conclusion that there is a possibility of application of the intercurrent prescription found both in the legal lawsuit (a long-established matter in our Courts) and in the administrative process (a matter not yet accepted by our Courts). Nonetheless, some of the reasons leading the Judiciary Power to understand the application of the intercurrent prescription in a lawsuit can be used to support its application in an administrative lawsuit. We shall present the most recurrent doctrines involving the subject, regardless of the scarcity of works on the matter concerning its application in tributary law, and we shall also propose a few solutions all through our paper. Finally, we shall make it clear that our paper does not intend to present definitive solutions, but simply to lead readers to consider the theme from a serious viewpoint. We see this paper as a guide for further discussions, and any suggestions will certainly be most welcome
O presente trabalho objetiva sedimentar o entendimento da possibilidade de se aplicar o instituto da prescrição intercorrente nos processos judiciais e administrativos tributários. Tomaremos como ponto central para sustentar nossas conclusões os enunciados prescritivos constitucionais basilares (princípios) que irão reiterar a idéia da possibilidade da aplicação do instituto. Demonstraremos o posicionamento de nossos Tribunais em relação à matéria e iremos tecer comentários sobre referidas decisões que irão fazer com que o leitor reflita sobre o tema. Encontraremos posições dissonantes tanto na jurisprudência quanto na doutrina, entretanto tentaremos dissolver eventuais divergências, utilizando-nos dos princípios da lógica deôntica, especialmente o da não contradição. Veremos que desde os primórdios, a tendência das diferentes culturas e países é a da não eternização das relações jurídicas. Assim, partindo desse ponto de referência desaguaremos nas conclusões de que há, sim, a possibilidade da aplicação da prescrição intercorrente tanto no processo judicial (matéria sedimentada em nossos Tribunais) quanto no procedimento administrativo (matéria não acatada, ainda, de forma majoritária em nossos Tribunais). Entretanto, as razões que levaram o Poder Judiciário a entender a aplicação da prescrição intercorrente no processo judicial poderão, parte delas, ser usadas para sustentar a sua aplicação na seara do procedimento administrativo. Demonstraremos as doutrinas mais atualizadas sobre o assunto, apesar da escassez de obras sobre a matéria em relação a sua aplicação no direito tributário e daremos sugestões de solução no curso do trabalho. Finalmente, esclarecemos que não queremos com o presente trabalho dar soluções definitivas, mas fazer com que o leitor possa refletir sobre o tema sob uma perspectiva séria. Entendemos o presente trabalho como um norte para futuras discussões, sendo certo que qualquer sugestão será muito bem vinda
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Abramovicius, Alexandra Cruz. "Análise do impacto orçamentário de tratamentos medicamentosos solicitados por demandas judiciais e administrativas em um hospital universitário." Universidade de São Paulo, 2018. http://www.teses.usp.br/teses/disponiveis/17/17139/tde-25072018-102419/.
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A Constituição Federal estabelece, no seu Artigo 196, que a saúde é direito de todos e dever do Estado e que esse direito deve ser garantido mediante políticas sociais e econômicas que visem à redução do risco de doença e de outros agravos e ao acesso universal e igualitário às ações e serviços para sua promoção, proteção e recuperação. Esse direito constitucional foi regulamentado pela Lei nº 8.080/1990 que, dentre outras ações, estabeleceu que o Sistema Único de Saúde devesse ser estruturado de forma a garantir assistência terapêutica integral, inclusive Assistência Farmacêutica(6). No âmbito do SUS, as ações do Ministério da Saúde em relação à Assistência Farmacêutica têm sido pautadas pela Política Nacional de Assistência Farmacêutica (PNM) aprovada pelo Conselho Nacional de Saúde em 2004 (BRASIL, 2004a), objetivando promover ações, não somente para a ampliação do acesso, mas principalmente para a promoção do uso racional dos medicamentos e insumos para a saúde A judicialização da saúde é um fato que há duas décadas vem conquistando força normativa e efetividade. A jurisprudência acerca do direito a saúde e ao fornecimento de medicamentos é um exemplo emblemático do que se vem a afirmar. As normas constitucionais deixaram de ser percebidas como integrantes de um documento estritamente político, mera convocação a atuação do Legislativo e do Executivo, e passaram a desfrutar de aplicabilidade direta e imediata por juízes e tribunais. Nesse ambiente, os direitos constitucionais em geral, e os direitos sociais em particular, converteram-se em direitos subjetivos em sentido pleno, comportando tutela judicial especifica. A intervenção do Poder Judiciário, mediante determinações à Administração Pública, para que forneça gratuitamente medicamentos em uma variedade de hipóteses, procura realizar a promessa constitucional de prestação universalizada do serviço de saúde O envolvimento do Poder Judiciário na esfera política, denominado pela doutrina de judicialização, é um fenômeno observado nas democracias contemporâneas,especialmente nos países em que o Poder Judiciário realiza o controle de constitucionalidade das leio). Recentemente, as decisões judiciais nas ações para fornecimento de medicamentos também foram estudadas como uma forma de interferência do Poder Judiciário na política de saúde. Entretanto, essa forma de intervenção judicial é diferente da tradicionalmente estudada. As referidas decisões judiciais indicam um novo formato de judicialização no qual o Poder Judiciário se sobrepõe ao Poder Executivo na escolha de fornecer este ou aquele medicamento, sob o fundamento de assegurar o direito à saúde Os problemas de gestão da Assistência Farmacêutica relacionados à judicialização da saúde não se restringem à entrega de medicamentos incorporados ou não nas listas oficiais públicas. Há características específicas desta demanda, que vem exigindo um tipo de atuação do gestor, administrativa e judicial, diferenciada para responder às ordens judiciais, evitar o crescimento de novas demandas e preservar os princípios e as diretrizes do SUS Há ponderações sobre os efeitos negativos do fenômeno da judicialização da saúde sob três principais ângulos. O primeiro aponta que o deferimento absoluto de pedidos judiciais pode aprofundar as iniquidades de acesso no sistema público de saúde, infringindo princípio do SUS, uma vez que favorece aqueles que têm maior possibilidade de veicular sua demanda judicialmente, em detrimento dos que não possuem acesso à justiça; igualmente apontam para o possível comprometimento do princípio da integralidade, uma vez que ações de cunho individual não são estendidas aos demais portadores da mesma condição patológica que poderiam se beneficiar do objeto da demanda. O segundo refere-se às dificuldades na gestão da AF, propriamente dita, uma vez que a ágil resposta às demandas judiciais, não previstas no planejamento dos serviços, faz com que alguns deles criem uma estrutura \"paralela\" para seu acompanhamento, se utilizem de procedimentos de compra não usuais na administração pública e tenham maior gasto na aquisição destes medicamentos. O terceiro refere-se à segurança do paciente em razão de possíveis prescrições inadequadas, mesmo que de medicamentos já selecionados e incorporados no SUS, e, em especial, na prescrição de \"novos\" medicamentos e/ou \"novas\" indicações terapêuticas para os quais as evidências científicas ainda não se encontram bem estabelecidas. Tais fatos podem favorecer a introdução e utilização de novas tecnologias de forma acrítica, e, por vezes, sob forte influência da indústria farmacêutica(13,14,15). É importante destacarque parte dos medicamentos \"novos\" não representa real ganho em eficácia terapêutica, mas podem, inclusive, adicionar eventos adversos inesperados. O uso de medicamentos sem registro sanitário ou fora das indicações para as quais foram registrados (uso off label) pode também significar riscos à saúde(9). Dessa forma, no caso de soluções que envolvam recursos públicos e políticas sociais, torna-se necessária a adoção de critérios racionais e uma análise de cada hipótese posta, não se podendo adotar uma única solução para todas as situações nas quais se requer o fornecimento de medicamentosThe Federal Constitution stablishes in its Article 196 that it is a right of all the rights and duties of the State and that it is the right to be guaranteed by social and economic policies aimed at reducing the risk of disease and other diseases and universal access and Equality of actions and services for promotion, protection and recovery. This constitutional right was regulated by Law No. 8,080 / 1990, which, among other actions, established the Unified Health System should be structured in such a way as to guarantee comprehensive therapeutic care, including Pharmaceutical Assistance (6). The judicialization of health is a fact that for two decades has been gaining normative force and effectiveness. The case law on the right to health and the supply of medicines is an emblematic example of what is being said. The constitutional norms are no longer perceived as part of a strictly political document, merely calling the Legislative and the Executive, and enjoy direct and immediate applicability by judges and courts. In this environment, constitutional rights in general, and social rights in particular, have become subjective rights in full sense, with specific judicial protection. The intervention of the Judiciary, through determinations to the Public Administration, to provide free medication in a variety of hypotheses, seeks to realize the constitutional promise of universalized provision of the health service The involvement of the Judiciary in the political sphere, denominated by the doctrine of judicialization, is a phenomenon observed in contemporary democracies, especially in countries where the Judicial Power controls the constitutionality of the law. Recently, judicial decisions in drug supply actions have also been studied as a form of interference by the Judiciary in health policy. However, this form of judicial intervention is different from that traditionally studied. These judicial decisions indicate a new form of judicialization in which the judiciary overrides the executive branch in choosing to provide this or that medicine, on the grounds of ensuring the right to health The problems of management of the Pharmaceutical Assistance related to the judicialization of health are not restricted to the delivery of drugs incorporated or not in the public official lists. There are specific characteristics of this demand, which requiresa type of managerial, administrative and judicial action, differentiated to respond to judicial orders, avoid the growth of new demands and preserve the principles and guidelines of the SUS
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Barker, Maria Teresita. "Patent litigation involving colleges and universities: an analysis of cases from 1980 - 2009." Diss., University of Iowa, 2011. https://ir.uiowa.edu/etd/1201.
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The purpose of this study is to identify trends and issues related to college and university involvement in patent litigation. The study found 568 reported cases between 1980 through 2009. From this initial set of cases, detailed review identified 171 patent-related lawsuits involving a college or university. A three-pronged approach to analysis was then conducted. First, analysis focused on characteristics of the parties involved in litigation. Second, the types of patents at issue were analyzed. Third, the procedural and substantive results of the lawsuits were analyzed to identify patterns of activities which contributed to the university involvement in the lawsuit. The 85 universities identified in this study were most often public research universities suing corporations for infringement in order to protect their rights in a university-owned patent. These corporations were most frequently competitors of a corporation with whom the university had an existing licensing agreement. While most of the universities in this study were involved in only one lawsuit, a select few were involved in multiple lawsuits with five universities involved in one-fourth of the lawsuits in the cases identified. All the patents included in this study were utility patents, with pharmaceutical patents being the most common subject of litigation. About one-fourth of the lawsuits were decided for procedural reasons and more than one-third had indeterminate dispositions. When the court issued a substantive ruling, it was most often based on the technical requirements of patent law. When the universities' opposing party had an existing relationship with the university (patent licensees, research partner, faculty, staff, and students) the university was as often the plaintiff as it was the defendant. These cases provided the most salient lessons for university administrators looking to minimize the institution's risk of future patent litigation. The study concludes with recommendations focused on activities for a campus technology transfer office, as well as on ways to work with constituent groups of faculty, staff, and students to minimize the risk of future patent litigation.
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Jackson-McCoy, Sonja Renee. "A Study of the Rita Geier Case: Efforts to Desegregate Three State Universities in Tennessee from 1990-2006." Digital Commons @ East Tennessee State University, 2008. https://dc.etsu.edu/etd/2004.
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This study focuses on a 2-phase assessment of the desegregation of selected public postsecondary institutions under the Tennessee Board of Regents (TBR) [Tennessee State University and University of Memphis] and the University of Tennessee systems [University of Tennessee-Knoxville]. The 1st phase involved obtaining and analyzing the annual reports, court cases, legal journals, articles, and books concerning the 1968 Sanders v. Ellington case (better known as Geier v. Alexander); the 1984 Geier Stipulation of Settlement that mandated a desegregation plan; and the implementation of the 2001 Geier Consent Decree. The study also examines enrollment of black students in selected historically white institutions and white students enrolled in the selected historically black institution for the years 1985 (1 year after the 1984 Geier Stipulation of Settlement) through 2006 (5 years after the Geier Consent Decree and the same year the case was dismissed). The 2nd phase of this study involved interviewing administrators and principal actors responsible for the planning of, implementation of, and compliance with the Geier Stipulation of Settlement of 1984. The study reveals degrees of compliance or noncompliance with the Stipulation of Settlement of 1984 as well as the 2001 Consent Decree and examines more successful and less successful efforts to increase minorities enrolled and employed as faculty staff and administrators on each campus.
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Jimenez, Priscilla da Costa Lima. "CNJ e judicialização: o reconhecimento do poder de atuação do CNJ pelo STF e suas consequências na judicialização." Pontifícia Universidade Católica de São Paulo, 2014. https://tede2.pucsp.br/handle/handle/6464.
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Previous issue date: 2014-06-26The subject of this paper is due to the concern about the recognition of and respect to the power of the National Justice Council (Conselho Nacional de Justiça CNJ), be it as the administrative-strategic, budgetary-financial and disciplinary controller of the Judicial power; be it as the responsible for the progression and development of Justice in society. Being this study an exploratory research, the author sought to develop a broad empirical study in order to give rise to theoretical studies on the matter. To that extent, aiming at understanding the dynamics of recognition and respect to the powers of CNJ by the Judicial power and by the society and at measuring the impact of the creation of the CNJ in the number of lawsuits that discuss those before the Supreme Court (Supremo Tribunal Federal STF), the author has decided to research the lawsuits in which the STF acknowledged the powers of the CNJ in the first place and afterwards, research (i) the lawsuits that challenge these powers even after their recognition and try to measure the continuity or not of the respect to these powers; and (ii) the lawsuits that challenge these powers before their recognition by the STF, in order to enable the discussion around the judicial costs and benefits of the recognition of the powers of the CNJ
A escolha do tema do presente trabalho deve-se à preocupação com o reconhecimento e respeito aos poderes do Conselho Nacional de Justiça CNJ, seja como controlador administrativo-estratégico, orçamentário-financeiro e disciplinar do Poder Judiciário; seja como responsável direto pelo avanço e desenvolvimento da Justiça perante a sociedade. Sendo uma pesquisa investigativa, buscou-se desenvolver um estudo empírico bastante amplo a fim de fomentar estudos teóricos sobre a matéria ora desenvolvida. Para tanto, pretendendo entender a dinâmica de reconhecimento e respeito aos poderes do CNJ pelo Judiciário e pela sociedade e, ainda, mensurar o impacto da criação do CNJ no número de processos que os discutem perante o STF, resolveu-se pesquisar as ações judiciais em que primeiro o STF reconheceu os poderes do CNJ para logo depois, pesquisar (i) as ações judiciais questionando esses poderes mesmo após o seu reconhecimento, intentando mensurar a continuidade ou não do respeito a esses poderes reconhecidos; e (ii) as ações judiciais questionando esses poderes antes de seu reconhecimento pelo STF, a fim de possibilitar a discussão sobre os custos e os benefícios judiciais do reconhecimento dos poderes do CNJ
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Albo, Rasmus. "God redovisningssed i redovisningsrätten : - revisorns ansvar." Thesis, Högskolan i Skövde, Institutionen för handel och företagande, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:his:diva-20168.
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Bakgrund: Bokföringslagen (1999:1078) och Årsredovisningslagen (1995:1554) är de två primära lagarna som finns inom området redovisning och revision. Dessa lagar är vad som kallas för ramlagar varför det förekommer hänvisningar i lagen till god redovisningssed. År 1976 myntades begreppet god redovisningssed (prop. 1975:104) sedan dess har god redovisningssed utvecklats med anledning av ett flertal myndigheter och organisationer. Uppsatsen fokuserar på tillgångsvärdering i relation till god redovisningssed. Vad som är intressant för uppsatsen är i de fall förenligheten med god redovisningssed blivit ifrågasatt av Skatteverket samt de fall det konstaterats att god redovisningssed inte förelegat och på vilket sett det påverkar revisorns ansvar. Syfte: Syftet är att belysa spänningen som uppstår mellan parterna i rättsprocesser vid skilda meningar om årsredovisningens förenlighet med god redovisningssed avseende tillgångsvärdering samt att belysa det ansvar revisorn bär när det görs gällande att god redovisningssed inte förelegat. Vidare syftar uppsatsen till att bidra med att klargöra vad som ansetts utgöra god redovisningssed vid tillgångsvärderingen och vilka ståndpunkter som varit mest centrala i perspektivet av prejudikatinstanser. Metod: Uppsatsen har genomförts med en kvalitativ metod. Vad som varit relevant är den text som återfinns i de rättsfall som utgör empirin däri det går att utläsa parternas tolkning, domstolens resonemang och avgörande varför dokument utgjort datakällan. Då rättsfall varit aktuella har även den traditionella rättskälleläran beaktats i syfte att kunna förstå de tolkningar som skett av domstolarna. Slutsats: Slutsatserna som presenteras i uppsatsen baseras på vad som framkommit av den använda analysmodellen i förhållande till respektive rättsfall. På så vis ges en skriftlig förklaring på vad som anses utgöra god redovisningssed vid tillgångsvärdering under vissa förutsättningar och omständigheter. Därtill beskrivs också vilket ansvar en revisor bär i fråga om felaktigheter vid utförandet av en revision. Bland samhälleliga och etiska aspekter lyfts ett resonemang kring redovisnings- och revisionsbranschen kopplat till förtroende.Background:The Accounting Act (1999:1078) and the Annual Accounts Act (1995:1554) are the two primary laws that exist in accounting and auditing. These laws are what are called framework laws, which is why there are references in the law to generally accepted accounting principles (GAAP). In 1976, the concept GAAP was coined (prop. 1975: 104) since then, GAAP has been developed due to several authorities and organizations. The thesis focuses on asset valuation in relation to GAAP. What is interesting for the thesis is in cases where the compatibility with GAAP has been questioned by the Swedish Tax Agency and in cases where it has been established that GAAP did not exist and in what way it affects the auditor's responsibility. Purpose: The purpose is to shed light on the tension that arises between the parties in legal proceedings in different opinions about the annual report's compatibility with good accounting practice regarding asset valuation and to highlight the auditor's responsibility when it is claimed that GAAP did not exist. Furthermore, the thesis aims to help clarify what is considered as GAAP in asset valuation and which positions have been most central in the perspective of the judicial body. Method: The thesis has been carried out with a qualitative method. What has been relevant is the text that is found in the legal cases that constitute the empirical data in which it is possible to read the parties' interpretation, the court's reasoning and deciding therefore documents have been the data source. As lawsuits have been relevant, the traditional doctrine of legal sources has also been relevant to understand the interpretations made by the courts. Conclusion: The conclusions presented in the essay are based on what has emerged from the analysis model used in relation to the respective legal case. In this way, a written explanation is given of what is considered as GAAP in asset valuation under certain conditions and circumstances. In addition, it also describes the responsibility an auditor bears in relation to errors in performing an audit. Among societal and ethical aspects, a reasoning about the accounting and auditing industry linked to trust is highlighted.
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Pang, Chen Fu, and 陳富邦. "Competitor lawsuit of Administrative Law-Focus on Right Protection Mechanism." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/k3rf7r.
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Huang, Yi-Ping, and 黃伊平. "The Study on the Administrative Discretion and the Judicial Review in Nuclear Power Lawsuits." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/98hwg4.
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碩士國立臺北大學
法律學系一般生組
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In recent years, the nuclear power lawsuits have become more noticed. When the events involve science and technology, the Legislators often use the overbreadth of the legal concept to stipulate the law. And the Administrative authority may be acknowledged to have certain degree of discretion. So how the courts review in the cases become an important issue. In Chapter 2, I introduce the conventional academic and practical field about the certain degree of discretion and the judicial review. The standards of judicial review provided from interpretation number 553 are followed by the courts. But the standards may not totally respond to the nuclear lawsuits. In Chapter 3, I discuss about the cases from the courts in Japan and to realize about the academic discussing. From the perspective of Japanese law, it can be found out that the courts tend to be more positive after the 311 nuclear event. In Chapter 4, I give some perspective to the issue and to provide some suggestions on the administrative discretion and the judicial review in nuclear power Lawsuits. First of all, the judicial review may be restricted because of the administrative discretion. But it can still get some positive adjust to face the changing. Second, the standards of judicial review provided from interpretation number 553 need more developments. Third, the courts in Japan seem to tend to review positively in the nuclear lawsuits. Finally, the administrative procedures should be able to let the people to participate. And the experts participating in the nuclear lawsuits may contribute to the judicial review.
Books on the topic "Administrative lawsuit"
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The litigation explosion: What happened when America unleashed the lawsuit. New York, NY: Truman Talley Books, 1992.
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Olson, Walter K. The litigation explosion: What happened when America unleashed the lawsuit. New York: Dutton, 1991.
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The litigation explosion: What happened when America unleashed the lawsuit. New York: Truman Talley Books-Dutton, 1991.
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Olson, Walter K. The litigation explosion: What happened when America unleashed the lawsuit. New York: Truman Talley Books-Dutton, 1991.
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Burke, Thomas Frederick. Lawyers, lawsuits, and legal rights: The battle over litigation in American society. Berkeley: University of California Press, 2002.
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R, Dunklee Dennis, ed. Anatomy of a lawsuit: What every education leader should know about legal actions. Thousand Oaks, Calif: Corwin Press, 2006.
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United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Oversight and the Courts. Class action lawsuits: Examining victim compensation and attorneys' fees : hearing before the Subcommittee on Administrative Oversight and the Courts of the Committee on the Judiciary, United States Senate, One Hundred Fifth Congress, first session ... October 30, 1997. Washington: U.S. G.P.O., 1998.
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New Jersey. Legislature. General Assembly. Committee on State Government. Public hearing before Assembly State Government Committee: Assembly bill no. 127 (increases membership of Executive Commission on Ethical Standards to fifteen through addition of eight public members); Assembly bill no. 2212 (increases membership of Executive Commission on Ethical Standards to nine through addition of two public members); Assembly bill no. 3296 (establishes the Sexual Harassment Awareness and Respect for Everyone Fund to support grants for sexual harassment training); Assembly bill no. 3297 (clarifies duty of AG to defend certain state employees in cases of sexual harassment); Assembly concurrent resolution no. 138, 1R (proposes a constitutional amendment to prohibit the acting governor from granting clemency); Assembly concurrent resolution no. 157 (requests the State Commisssion of Investigation to conduct an investigation into the payment of state funds to settle a lawsuit against Garabed Haytaian); Assembly resolution no. 243 (declares February 2003 as Black History Month in New Jersey); Assembly resolution no. 247 (declares February 2003 as Black History Month in the state). Trenton, N.J: The Unit, 2003.
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Geoghegan, Thomas. See You in Court: How the Right Made America a Lawsuit Nation. New Press, The, 2009.
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Sherwyn, David, and Paul E. Wagner. "Addressing Employee Lawsuits." In The Cornell School of Hotel Administration on Hospitality, 417–29. Hoboken, NJ, USA: John Wiley & Sons, Inc., 2015. http://dx.doi.org/10.1002/9781119200901.ch27.
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Geng, Baojian, and Qin Yin. "Yuan X v. the People’s Government of Jiangsu Province (Government Information Disclosure)—Determination of the Necessity to Protect Rights in Administrative Lawsuit Concerning Government Information Disclosure." In Library of Selected Cases from the Chinese Court, 351–63. Singapore: Springer Singapore, 2019. http://dx.doi.org/10.1007/978-981-15-0342-9_36.
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Fang, Qiang, and Xiaobing Li. "Waitan Garden." In Power versus Law in Modern China. University Press of Kentucky, 2017. http://dx.doi.org/10.5810/kentucky/9780813173931.003.0003.
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Chapter two shows that the Wuhan homeowners, believing in their legitimate documents and rights, organized committees and fought a tug of war with local governments over compensation. Local officials began taking illegal forceful means to intimidate the homeowners, including secret arrests, detainments, and other covert pressures. After repeated failures in persuading lawyers in both Wuhan and Beijing, the residents finally managed to find two audacious local lawyers to accept their case against the city government. The lawsuit filed collectively by over 100 Wuhan residents became the “first administrative lawsuit in 21st century China.”
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Varga, András Zs. "Administrative Procedure and Judicial Review in Hungary." In Judicial Review of Administration in Europe, 59–61. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867609.003.0009.
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This chapter studies administrative procedure and judicial review in Hungary. Section (1) of Article XXVIII of the Basic Law of Hungary (the Constitution of 2011) regulates the right to a fair trial reproducing the text almost word-for-word as found in Article 6 of the European Convention on Human Rights (ECHR). Consequently, anyone effected by an administrative measure has the (constitutional) right to judicial review. Section (7) guarantees the right to legal remedy against decisions of the courts, the public administration, or other authorities that infringe their rights or demonstrable interests. The two regulations are effective even separately, but their combined effect is that the judicial review of administrative action is an incontestable constitutional right. Administrative courts decide on the legality of the administrative action from the point of view of substantive and procedural administrative law, the judicial review is regulated by Act I of 2017 on the Code on Judicial Review of Administrative Actions, while a lawsuit for damages is heard by the ordinary court in a civil law procedure regulated by Act CXXX of 2016 of the Code of Civil Judicial Procedures.
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DeShields, Scott, and Susan Woodmansee. "Emergency Medical Services, Disaster Medicine, and Legal Issues." In Emergency Medicine, 434–48. Oxford University Press, 2019. http://dx.doi.org/10.1093/med/9780190852955.003.0020.
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There are miscellaneous topics in emergency medicine (EM) that are important to clinical practice and to performance on standardized EM tests, including emergency medical services (EMS), disaster medicine, and legal issues. Most EM physicians work closely with EMS and need to understand the basics of medical control and care in the prehospital setting. Although disasters are, fortunately, rare events, EM physicians need to know the basics of how to respond in such situations because they will often be at the forefront of care. Legal aspects of the practice of medicine are rarely taught in medical school or residency. Unfortunately, many physicians are forced to take a hands-on crash course the first time that they are confronted with a lawsuit, administrative investigation, or other legal inquiry. The legally oriented questions in the chapter will help the learner to become acquainted with some of the basics within the legal realm of medical practice, including the Health Insurance Portability and Accountability Act (HIPAA), informed consent, the Emergency Medical Treatment and Labor Act (EMTALA), malpractice liability, and mandatory reporting.
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"5. Analysis of the Response to Administrative Review (行政复议) and Administrative Lawsuits." In The China Legal Development Yearbook, Volume 2, 193–210. BRILL, 2009. http://dx.doi.org/10.1163/ej.9789004173033.i-408.28.
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Powe, Lucas A. "Immigration." In America's Lone Star Constitution. University of California Press, 2018. http://dx.doi.org/10.1525/california/9780520297807.003.0008.
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This chapter examines Supreme Court cases that were filed over the issue of immigration in Texas. Undocumented immigrants pay in-state tuition at Texas's public universities. The state led the charge against allowing undocumented parents of American citizens to work legally. In 1975, Texas lawmakers passed legislation allowing school districts to deny admission and therefore education to any student who could neither prove lawful residence in the United States nor pay the requisite tuition. It was clear that the legislature wished to deter illegal immigration. The chapter discusses the legal challenge to this policy, focusing on the case Plyler v. Doe, and Texas's lawsuit against the Obama administration over Deferred Action for Parents of Americans (DAPA), one of two memoranda issued by the president on immigration and deportation.
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Ahmad, Muneer I., and Michael J. Wishnie. "Call Air Traffic Control!" In Crisis Lawyering, 311–39. NYU Press, 2021. http://dx.doi.org/10.18574/nyu/9781479801701.003.0015.
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This chapter explores the challenges of teaching and practicing immigration and civil rights law under the crisis conditions of the Donald Trump administration. Drawing on our experiences as professors engaged in clinical legal education, we examine two matters in which the law clinic we teach has been involved: the first legal challenge to the original Muslim Travel Ban; and the intensive initial days of representation of an individual immigrant who sought sanctuary from deportation. We highlight these two cases in order to demonstrate the different forms that crisis lawyering in the same practice area can take—from a class-action lawsuit challenging national policy, to the multipronged defense of a local resident—and the commonalities that exist across them. In so doing, we aspire to give further definition to what constitutes “crisis lawyering” and to reflect on lessons that may be useful not only for lawyers or clinical teachers but also for other fields.
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Stein, Michael D., and Sandro Galea. "The Census and Public Health." In Pained, 31–32. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197510384.003.0010.
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This chapter describes the importance of the census for public health. The US Constitution mandates that each resident of the country be counted at least every 10 years. As the 2020 census approached, the Trump administration launched an effort to meddle with how to perform this head count, by adding a question about citizenship to the census. This move was roundly criticized by the Census Bureau’s Scientific Advisory committee and became the target of lawsuits. It looked very much like an attempt to depress the 2020 population count in immigrant-rich and predominantly Democratic areas, in advance of redistricting in 2021. Accurate census data are critical for the public's health. These data drive federal grants to states for the Special Supplemental Nutrition Program for Women, Infants, and Children. They guide disaster response and disease outbreak planning. Moreover, the Centers for Disease Control and Prevention (CDC) uses census information to locate geographic areas with low education levels and high poverty rates, so as to expand screening and outreach programs. Thus, these data inform the building of roads, schools, and health centers. As such, political moves to influence the census is a matter of great concern for public health.
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Mike, Valerie. "Understanding Uncertainties in Medical Evidence: Professional and Public Responsibilities." In Acceptable Evidence. Oxford University Press, 1994. http://dx.doi.org/10.1093/oso/9780195089295.003.0012.
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The case of Linda Loerch and her son Peter presented to the Minnesota Supreme Court raises the question of whether legal liability can extend beyond the second generation. During the pregnancy leading to Linda's birth, her mother had taken the synthetic hormone diethylstilbestrol, commonly known as DES. Linda herself has a deformed uterus, and her son Peter, born twelve weeks prematurely, is a quadriplegic afflicted with cerebral palsy. The family is seeking damages for the child's condition from Abbott Laboratories, the manufacturer of the drug taken forty years earlier by his grandmother (MacNeil/Lehrer 1988). The claims of this lawsuit hinge on the evidence available when the drug was prescribed. The case illustrates, with some new ramifications, the interrelated issues of ethics and evidence surrounding the practice of medicine, a major theme of this chapter. The DES story first became national news at a time that marked the rise of the new field of bioethics. The Food and Drug Administration (FDA) issued a drug alert in 1971 to all physicians concerning the use of DES by pregnant women, as an association had been found between the occurrence of a rare form of cancer of the vagina in young women and their mothers' exposure to DES. The drug had been prescribed widely since the 1940s for a variety of medical conditions, including the prevention of miscarriages. It is estimated that during this period four to six million individuals, mothers and their offspring, were exposed to DES during the mothers' pregnancy. The full dimensions of the medical disaster, the subject of continued controversy, have yet to be firmly established. DES daughters are at risk of developing clear cell adenocarcinoma of the vagina, the risk estimated to be one per one thousand by age twenty-four. Ninety percent have a benign vaginal condition called adenosis, and many have other genital abnormalities. They are at higher risk of pregnancy loss and infertility. DES mothers also may be at a higher risk for breast and gynecological cancers, and DES sons may be at an increased risk of genitourinary abnormalities, infertility, and testicular cancer. DES may, as well, have affected fetal brain development, leading to behavioral problems and learning disabilities.
Conference papers on the topic "Administrative lawsuit"
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Ge, Li. "The Evidence Status of Administrative Recognition Opinions in Lawsuit." In Proceedings of the 4th International Conference on Economics, Management, Law and Education (EMLE 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/emle-18.2018.143.
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Özkan, Gürsel. "The Settlement of Compansation Disputes through Peace before Administrative Judiciary." In International Conference on Eurasian Economies. Eurasian Economists Association, 2016. http://dx.doi.org/10.36880/c07.01544.
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According to the Article 13 of the Law No. 2577, even though one must apply to the authorities as a preliminary condition of court case before filing a fully judicial lawsuit in terms of the administrative action, Article 13 of Law No. 2577 with its current form does not provide a contribution to the provision of the pre-trial dispute resolution. The Decree Law No. 659 set up the way for application which would also include the compensation claims arising from administrative actions that were designed according to The Article 13 of Law No. 2577. In this arrangement , the preference is left to the person concerned to make a choice either to refer to peace or not to against losses arising from administrative processes; one is not given the chance to eliminate the loses by means of peace during the process of law after administrative process is cancelled by law; this also prevents us to come to the desired objective because it doesn’t provide adequate legal assurance to the top executives and members of the legal disputes commission for their business and operations.
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Ghanem, Mohamed. "PUBLIC INTEREST LAWSUITS IN ENVIRONMENTAL CASES IN PEOPLE'S REPUBLIC OF CHINA, STUDY IN AMENDMENT OF CIVIL AND ADMINISTRATIVE PROCEDURE LAWS ISSUED IN 2017." In 6th SWS International Scientific Conference on Social Sciences ISCSS 2019. STEF92 Technology, 2019. http://dx.doi.org/10.5593/sws.iscss.2019.1/s02.022.
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