Academic literature on the topic 'Effectiveness and applicability of constitutional standards'

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Journal articles on the topic "Effectiveness and applicability of constitutional standards"

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Pilving, Ivo. "Parallele Anwendbarkeit von Grundrechtecharta der EU und nationalen Grundrechten." Juridica International 28 (September 30, 2018): 9–16. http://dx.doi.org/10.12697/ji.2018.28.02.

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Pursuant to its Article 51 (1), the EU Charter of Fundamental Rights covers the implementation of EU law. Since 2014, the Estonian Supreme Court has applied the assumption that the Charter, in principle, does not preclude parallel applicability of national-level fundamental rights in areas subject to EU law, although the primacy, unity, and effectiveness of EU law must not be compromised thereby. The Member State's margin of appreciation should not be considered a precondition for the relevance of national fundamental rights. Even mandatory norms of EU law, which inevitably require certain nat
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Pilving, Ivo. "Parallele Anwendbarkeit von Grundrechtecharta der EU und nationalen Grundrechten." Juridica International 28 (November 13, 2019): 9–16. http://dx.doi.org/10.12697/ji.2019.28.02.

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Pursuant to its Article 51 (1), the EU Charter of Fundamental Rights covers the implementation of EU law. Since 2014, the Estonian Supreme Court has applied the assumption that the Charter, in principle, does not preclude parallel applicability of national-level fundamental rights in areas subject to EU law, although the primacy, unity, and effectiveness of EU law must not be compromised thereby. The Member State's margin of appreciation should not be considered a precondition for the relevance of national fundamental rights. Even mandatory norms of EU law, which inevitably require certain nat
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Meron, Theodor, and Allan Rosas. "A Declaration of Minimum Humanitarian Standards." American Journal of International Law 85, no. 2 (1991): 375–81. http://dx.doi.org/10.2307/2203074.

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The readers of this Journal are familiar with the difficulties experienced in protecting human dignity in situations of internal violence that fall below the thresholds of applicability of international humanitarian instruments but within the margin of public emergency; the governments directly concerned often promote this interpretation of such situations, enabling them to invoke the derogations clauses of international human rights instruments. These difficulties are compounded by the inadequacy of the nonderogable provisions of human rights instruments, the weakness of international monitor
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Черепанова, Вера, and Vera Cherepanova. "International Anticorruption Standards: Classification, Benefits and Shortcomings, Further Development Prospects." Auditor 3, no. 9 (2017): 48–57. http://dx.doi.org/10.12737/article_59bf8d93027607.31144561.

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Th is paper assesses the proliferation of international anticorruption initiatives, standards, and guidelines. A comprehensive classification of different types of standards with regards to their applicability to anticorruption compliance program set-up is provided. Based on the analysis of benefits and shortcomings of standards, a conclusion is made that in the absence of a clear regulatory framework the effectiveness and efficiency of standards is limited, since they lack accountability per se.
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Ogleznev, V. V. "Contextual definitions and their applicability in the language of law." Actual Problems of Russian Law, no. 3 (May 4, 2019): 11–20. http://dx.doi.org/10.17803/1994-1471.2019.100.3.011-020.

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Contextual definitions within the framework of modern logics and philosophy of science are widely used and explained. Moreover, they have acquired an independent epistemological meaning, along with other types of definitions. However, in the humanities, their applicability has been questioned and challenged many times. The author, on the contrary, substantiates the premise that the effectiveness of contextual definitions, in particular in the legal language, is not lower, and sometimes even much higher than the effectiveness of generic definitions. In a contemporary, especially western legal s
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Gashi, Ardrit. "The constitutional protection of property: The case of Kosovo." SEER 22, no. 1 (2019): 53–66. http://dx.doi.org/10.5771/1435-2869-2019-1-53.

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One of the main constitutional legal protections in Kosovo is that applying to property. The Constitution guarantees this and it can therefore be realised at the Constitutional Court. Problems regarding the protection of property have, for many reasons, been a continuous feature of Kosovan institutions and society, notably after 1999. Therefore, this topic, both in the light of the constitutional provisions and in interaction with the standards and interpretations of the European Court of Human Rights, constitutes a highly important one for analysis. This article presents aspects of the requir
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Kwiecień, Roman. "The Primacy of European Union Law over National Law Under the Constitutional Treaty." German Law Journal 6, no. 11 (2005): 1479–95. http://dx.doi.org/10.1017/s2071832200014450.

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The primacy of Community law over national law of the EC/EU Member States was recognized as one of the constitutive principles of the Community legal order as early as before the signing of the Treaty establishing a Constitution for Europe on 29 October 2004. The primacy principle together with the principles of direct effect and of uniform applicability are believed to constitute not only the foundation of effectiveness of the Community legal order but also play the role of the pillars of the unofficial European Constitution. The primacy principle is even seen as the embodiment of actual tran
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Trusova, A. V., and S. G. Klimanova. "Reporting randomized trials of psychological and psychosocial interventions: consort-spi 2018." V.M. BEKHTEREV REVIEW OF PSYCHIATRY AND MEDICAL PSYCHOLOGY, no. 3 (October 11, 2020): 41–49. http://dx.doi.org/10.31363/2313-7053-2020-3-41-49.

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Randomized controlled trial (RCT) is a “gold standard” evidence-based approach to the assessment of psychological and psychosocial interventions; the results of RCT provide an opportunity to give a scientifically grounded decision about the effectiveness and the applicability of intervention. The current biopsychosocial approach requires the necessity of having precise, comprehensive, and transparent reports about conducting RCT in medicine, as well as psychological and psychosocial interventions, including psychotherapy. The unified standards for reporting RCT’s results were developed by the
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Esmail, Laura C., Rebecca Barasky, Brian S. Mittman, and David H. Hickam. "Improving Comparative Effectiveness Research of Complex Health Interventions: Standards from the Patient-Centered Outcomes Research Institute (PCORI)." Journal of General Internal Medicine 35, S2 (2020): 875–81. http://dx.doi.org/10.1007/s11606-020-06093-6.

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Abstract Introduction Complex health interventions (CHIs) are increasingly studied in comparative effectiveness research (CER), and there is a need for improvements in CHI research practices. The Patient-Centered Outcomes Research Institute (PCORI) Methodology Committee (MC) launched an effort in 2016 to develop formal guidance on this topic. Objective To develop a set of minimal standards for scientifically valid, transparent, and reproducible CER studies of CHIs. The standards are intended to apply to research examining a broad range of healthcare interventions including delivery system, beh
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Sawasdipanich, Nantaga, Supa Puektes, Supaporn Wannasuntad, et al. "Development of healthcare facility standards for Thai female inmates." International Journal of Prisoner Health 14, no. 3 (2018): 163–74. http://dx.doi.org/10.1108/ijph-07-2017-0032.

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Purpose The purpose of this paper is to develop and evaluate the Standards of Healthcare Facility for Thai Female Inmates (SHF-TFI) through healthcare service improvement. Design/methodology/approach This research and quality improvement project was comprised of three phases. Surveying healthcare facilities and in-depth interviews with female inmates as well as prison nurses were employed in Phase I. Expert reviews and public hearing meetings were used for developing the SHF-TFI in Phase II. Satisfaction questionnaires, focus group interviews of the female inmates, and in-depth interviews with
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Dissertations / Theses on the topic "Effectiveness and applicability of constitutional standards"

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Silva, Caio Cesar Guzzardi da. "A omissão inconstitucional na jurisprudência do Supremo Tribunal Federal." Pontifícia Universidade Católica de São Paulo, 2011. https://tede2.pucsp.br/handle/handle/5564.

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Made available in DSpace on 2016-04-26T20:20:05Z (GMT). No. of bitstreams: 1 Caio Cesar Guzzardi da Silva.pdf: 1080101 bytes, checksum: 8206fa1a2638204e2260d894d2ba2eed (MD5) Previous issue date: 2011-05-24<br>The objective of this work is to study theories about the effectiveness and applicability of the constitutional law and to ascertain the treatment of omission unconstitutional by the Supreme Court. Also, is to review the efficiency or inefficiency of the legal instruments that seek to ensure maximum effectiveness of the constitution. The hypothesis is that there is a gap between the pr
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Books on the topic "Effectiveness and applicability of constitutional standards"

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Capaldo, Giuliana Ziccardi. Novelty in ECtHR Case Law on Torture, But It Is Not Enough—Reopening Domestic Proceedings to End Impunity. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190848194.003.0001.

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This editorial focuses on the violation of the jus cogens principle of non-impunity for acts of torture as occurred in the Cestaro v. Italy case, where the perpetrators went unpunished due to the statute of limitations. The Italian Supreme Court failed to apply this principle of global constitutional law. Nor did the ECtHR implement effective remedies against impunity. The author proposes reopening time-barred criminal proceedings as a useful tool against impunity to give full effect to ECtHR jurisprudence supporting the generally recognized principle of the non-applicability of statutory limi
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Book chapters on the topic "Effectiveness and applicability of constitutional standards"

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Aghaegbunam Onodugo, Vincent, and Nkeiru Hope Ezeadichie. "Future Planning of Global South Cities with Inclusive Informal Economic Growth in Perspective." In Sustainability in Urban Planning and Design. IntechOpen, 2020. http://dx.doi.org/10.5772/intechopen.89145.

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Current urbanization trends and projections clearly indicate that the global South cities, especially of Asia and Africa, would be at the receiving end of about 80% of the expected 2.7 billion increase in urban population between 2010 and 2050. These trends and projections make it imperative for the future planning of the global South cities to step out of the box, away from the traditional planning systems, and begin to adopt inclusive and innovative planning approaches that would efficiently tackle the current and emerging urban realities in these cities rather than sticking to rigid planning standards that ignore realities, generate continuous conflict, and fail to take advantage of the potentials of these urbanization consequences, especially the resilient informal economy. The chapter examines the urbanization trends and one of its major challenges in global South cities; informal economic activities, the planning implications of these informal economic activities, various approaches that have been adopted by different governments and the effectiveness or otherwise of the approaches in tackling the challenges of informal economy. The chapter also focuses on the successful planning approaches that have been implemented with a view to portraying the key lessons that can ensure its applicability in other global South cities facing similar challenges.
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Sliusar, Svitlana, and Ludmila Levaieva. "IMPROVING THE PROVISION OF PUBLIC SERVICES IN THE UNITED TERRITORIAL COMMUNITIES IN THE CONTEXT OF DECENTRALIZATION." In Priority areas for development of scientific research: domestic and foreign experience. Publishing House “Baltija Publishing”, 2021. http://dx.doi.org/10.30525/978-9934-26-049-0-10.

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In the context of the reform of decentralization in Ukraine, which envisages a set of changes, the main purpose of which is the transfer of significant powers and budgets from State bodies to local self-government bodies, the issue of providing high-quality public services to local self-government bodies is extremely important. To do this, you need to first of all not only create the constitutional and legal foundations for improving the quality of public services provided by local authorities, but also expand their number. Methodology. During the writing of the paper, the following research methods were used: the search for available methodological and scientific literature, comparison, clarification of causal relationships, systematization, analysis of documentation and results of researchers' work on the problem of the conducted research and expert evaluation. Results. These processes require not only the renewal or improvement of the elements of the management system that do not function properly, but also a radical transformation of the mechanisms of the state, in particular legal and organizational and functional, ensuring the processes of regulation of decentralization, which is an important factor in achieving the effectiveness of public administration. Practical implications. This issue becomes even more relevant not only from the rosbalanciousness of the system of regulation of procedural elements in the relations of state and local authorities with citizens, but also because of the lack of a slender, clear and understood ideology of such relations, built on the principles of equality, openness and the rule of law. The solution to this problem is especially important in the context of the formation of civil society – it is the quality of administrative services and the qualification of their provision that is evidence of the attitude of the entire mechanism of state power to the person, the degree of respect for his rights and freedoms. Value/originality. The paper proposes to adopt a code "On public services" in order to improve public relations in the provision of public services by subjects of public administration, analyzed legal and regulatory acts on the basis of which local authorities provide public services, as well as legislative acts that define standards for the provision of public services.
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Conference papers on the topic "Effectiveness and applicability of constitutional standards"

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Kostalova, Jana, and Libena Tetrevova. "Application of project management methods and tools with respect to the project life cycle and the project type." In Business and Management 2016. VGTU Technika, 2016. http://dx.doi.org/10.3846/bm.2016.03.

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The project management theory and standards offer a wide range of project management methods and tools. To ensure the maximum possible effectiveness of application of a particular methods or tools, it is necessary to assess suitability of their application within project life cycle stages, and also their suitability from the point of view of the type of the solved project. The paper authors aimed to identify suitable project management methods and tools, and assess their applicability from the point of view of individual project life cycle stages and from the point of view of the type of the s
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Yoshimoto, Kentaro, Takatoshi Hirota, Hiroyuki Sakamoto, Masato Oshikiri, Kazuya Tsutsumi, and Takeshi Murakami. "Study on Applicability of Master Curve Methodology Using Miniature C(T) Specimen to a Reactor Pressure Vessel With Low Upper Shelf Energy." In ASME 2018 Pressure Vessels and Piping Conference. American Society of Mechanical Engineers, 2018. http://dx.doi.org/10.1115/pvp2018-84994.

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Miniature compact tension (Mini-C(T)) specimen can be an effective tool by utilizing together with Master Curve (MC) methodology for fracture toughness evaluation of irradiated reactor pressure vessel (RPV) steels. Recently, Mini-C(T) specimen has been incorporated into the Japanese standard test method related to MC methodology, JEAC4216-2015 and several studies were found focusing on applicability of Mini-C(T) specimen to irradiated RPV materials. However, there exist some other issues to be resolved considering application to irradiated materials. One of them is violation against the limita
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Van Hardeveld, Thomas. "Risk-Based Management of Rotating Equipment." In 2000 3rd International Pipeline Conference. American Society of Mechanical Engineers, 2000. http://dx.doi.org/10.1115/ipc2000-271.

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There is increasing emphasis on improving the effectiveness of all physical assets, particularly major assets such as rotating equipment where the financial and business consequences of failure are significant. A number of approaches to asset (or maintenance) management have been proposed and attempted with varying degrees of success. Maintenance philosophies such as Total Productive Maintenance, Condition-Based Maintenance and Reliability Centered Maintenance are being heavily promoted by users and consultants alike. However, a consistent and comprehensive solution to business needs has not a
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Ribeiro, A., C. Vilarinho, J. Araújo, and J. Carvalho. "Development of an Integrated Process for Eggshell Valorization." In ASME 2014 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2014. http://dx.doi.org/10.1115/imece2014-38836.

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The current global trend towards more stringent environmental standards, technical applicability and cost-effectiveness, became key factors in the selection of adsorbents. After demonstrating the performance of eggshell-derived adsorbent under a range of lab operating conditions, this work focused the adsorption efficiency of calcined eggshell powder (CEP), in the treatment of wastewaters from different industrial units. In order to do it, the removal of organic material, expressed as chemically oxygen demand (COD), was monitored in leachate wastewaters from sanitary landfill (LLWW) and in mun
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Tomic, Aleksandar, Terry Huang, and Shahani Kariyawasam. "System Wide Risk Assessment in the 21st Century: TransCanada’s Approach." In 2018 12th International Pipeline Conference. American Society of Mechanical Engineers, 2018. http://dx.doi.org/10.1115/ipc2018-78657.

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The US regulations and Canadian standards require that a System Wide Risk Assessment (SWRA) be performed for all pipelines. Typically, an annual SWRA is performed by operators and used to identify high risk sections. Appropriate identification of these high risk sections is expected to avoid significant failures, particularly in higher consequence locations. With current heightened public awareness levels and related regulatory oversight even a failure, such as a rupture, with relatively low safety and environmental consequences is considered undesirable. Post failure analysis often examines S
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