Academic literature on the topic 'Legal person of public law'
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Journal articles on the topic "Legal person of public law"
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Barker, FR, and NDM Parry. "Private property, public access and occupiers’ liability." Legal Studies 15, no. 3 (November 1995): 335–55. http://dx.doi.org/10.1111/j.1748-121x.1995.tb00524.x.
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There is nothing new about legal rules which provide that a person who is in control of land owes a duty of care to entrants thereto. These occupiers’ liability rules are often seen as something primarily to do with tort, but their content and substance are also likely to reveal a good deal about the ‘property policy’ of the legal system in question, in the sense that they will indicate the respective weight and importance attachkd to various kinds of competing claim over land. A legal system containing rules that restrict the circumstances in which those with individual, controlling claims over land owe a duty of care to other persons entering that land would appear to indicate a policy preference for supporting and protecting ‘private property’ claims to land above others. On the other hand, a system which imposes on those controlling land a greater degree of legal responsibility for persons entering thereon may be one based on a policy of recognising, protecting and supporting a range of claims in land beyond those of a narrow, private nature.
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Golts, Edgars. "PRESUMPTION OF INNOCENCE OF LEGAL PERSONS." Administrative and Criminal Justice 4, no. 77 (December 31, 2016): 26. http://dx.doi.org/10.17770/acj.v4i77.2875.
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There is a link between a presumption of innocence and the right to a fair trial. The rights of a legal person, to be regarded as innocent, protection is ensured by the guarantees in law. The Court of Justice has recognized that the right to the presumption of innocence, the legal persons does not apply in the same way as natural persons. The Constitution reinforces the presumption of innocence is to be subject to the right to a fair trial arising from the principle of justice. The Constitution stipulates that the rights of the person may be limited to the benefit of the public, but not the right to the presumption of innocence. In the article the author expresses the conviction, nowadays, the development of such rights, – the environment, animal, unborn children, deceased persons and other types of law; it is obvious that, on the basis of an equity principle, human rights are extended translated and applied. Justice fully embraces the principles of equality law, which allows concluding on the physical and legal persons to equality before the law and the courts.
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Яковлев, Вениамин, Vyeniamin YAkovlyev, Эльвира Талапина, and Elvira Talapina. "Juridical Persons and Subjects of Public Law: in Legal Balance Search." Journal of Russian Law 4, no. 8 (August 8, 2016): 0. http://dx.doi.org/10.12737/20909.
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The joint position of civil and administrative law specialists concerning an opportunity and need to obtain by public law subjects of the juridical person status is presented in this article. Public entity is a civil law subject, but it is presented by its public bodies. Considering features of public authorities as juridical person, authors draw the conclusion about a secondary role of a civil status. The article suggests new classification of administrative law subjects for public and private subjects depending on their role in public administration. The category of the juridical person of public law could be useful to settle the problem of the state “double face” in private relations. At the same time the authors call attention to various and ambiguous prospects of the Russian legislation development in this concept should be employed. The authors have formulated the principle of correct adoption according to which traditional civil concepts have to be accepted by public law in their initial understanding, without distortions, and vice versa.
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Kulik, Marek. "The Local Government Body Member and the Local Government Employee as a Passive Bribery Offender under Polish Criminal Law." Lex localis - Journal of Local Self-Government 18, no. 2 (April 28, 2020): 433–48. http://dx.doi.org/10.4335/18.2.433-448(2020).
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The study addresses the status of a local government body member and a local government employee as a person holding a public function in the meaning of Polish criminal law. In the Polish legal system, a person who holds a public function may be held criminally liable for passive bribery (bribe accepting) defined in Article 229 of the Polish Penal Code. Pursuant to Article 115 § 19 PC, a public officer and persons belonging to several other categories are persons holding a public function, while Article 115 § 13 PC defines the public officer by detailed enumeration of specific persons. The study provides an analysis of these concepts in view of the provisions governing the status of local government officers and persons employed with local government organisational units.
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Szereda, Kamil, and Jolanta Szymańska. "Independent public healthcare unit as an entrepreneur – considerations based on the Act on Medical Activity." Polish Journal of Public Health 125, no. 3 (September 1, 2015): 159–61. http://dx.doi.org/10.1515/pjph-2015-0045.
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Abstract An entrepreneur is someone that engages in a business activity on their own behalf. An entrepreneur might be a natural person, legal person and an organizational unit without legal personality, to which the legal capacity is given by a separate act. Regarding the current legislation, Supreme Court rulings and opinions contained in publications, the authors discuss the legal aspects of entrepreneur’s running an autonomous public health care facility. Since the act on medical activity has become law, both the status of health care facilities and the case law concerning their status as enterprises changed.
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Kharlamov, Valentin. "Criminal Law Interpretation of Victimization Aspect of Domestic Violence." Journal of Russian Law 4, no. 4 (April 11, 2016): 0. http://dx.doi.org/10.12737/18694.
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The article examines criminal-legal features of victimization aspect of domestic violence, presents the analysis of the use in legislation of such terms as “victim” and “injured person”, their legal specifics, reflects debate in criminal law theory about characteristics of victimization aspect. The author provides classification for victims of criminal assault, reveals gaps of the Russian criminal legislation in the sphere of family protection, puts forward proposals for improving the criminal law aimed at harsher punishment for the violation of rights and interests of a family and its members. The author sees a wider scope of persons recognized as victims to be one of the possible ways of improving legal protection of personal interests, accompanied by enshrining relevant public-law mechanisms of protecting rights and interests of “other persons” as victims in the Criminal and Criminal Procedure Codes of Russia. In order to extend the definition of “victim”, the author proposes to differentiate the legal status of the abovementioned category of persons, talking into account the specifics of each of those persons.
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Podaru, Ovidiu, and Andreea-Carla Loghin. "Pârâtul în contenciosul administrativ: istoria romanțată a unei brambureli judiciare." Studia Universitatis Babeş-Bolyai Iurisprudentia 65, no. 3 (March 10, 2021): 5–54. http://dx.doi.org/10.24193/subbiur.65(2020).3.1.
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"The Romanian administrative litigation is distinguished by the lack of unity of opinion on the passive procedural quality and, at the same time, by the existence of an ingrained custom – the possibility of suing the issuing body of the administrative act, as the sole defendant, – a custom currently lacking a particular legal basis. Starting from these premises, the study investigates at a conceptual level and from a diachronic perspective, the evolution of the defendant” in the administrative litigation, concluding that it is necessary to abandon the described custom. The passive procedural quality of the issuing body, even without legal personality, was justified by the doctrinal recognition of the theory of restricted legal capacity (or administrative law capacity) developed by Professor Ilie Iovănaș half a century ago. However, this theory was preceded by a succession of regulations, doctrinal opinions, and jurisprudential solutions, which, on careful analysis, contradicted it rather than substantiate it. Thus, since the interwar period, a distinction has been made between administrative bodies with legal personality and those without legal personality, the general conclusion being that legal personality is the only basis for passive procedural quality. In its absence, the administrative bodies (or, more precisely, the natural persons who held the leading position within them) could stand in court only as representatives of the legal person under public law – the state, the administrative-territorial units, the public establishments. But, even in the political-legal context created by Decree no. 31/1954 regarding natural and legal persons and by Law no. 1/1967 of the administrative contentious, the passive procedural quality was inextricably linked to the legal personality of a public law entity, because regardless of the claim made by the plaintiff, at least one of the defendants had to be a legal entity: insofar as the issuing body the defendant did not have legal personality, it could stand trial only in procedural co-participation with the legal person who ensured its existence (the one that which it depended from a patrimonial point of view). Moreover, in the event of the existence of an appeal for damages, procedural co-participation was necessary because, from a legal point of view, it is inconceivable that an entity without its own patrimony could be legally obliged to satisfy a patrimonial claim made by another legal subject. In conclusion, at the time of its creation, the theory of restricted legal capacity was developed by Proffessor Ilie Iovănaș to substantiate the sufficiency of the concept of administrative capacity (part of legal capacity, along with the civil one) to justify the passive procedural quality of the issuing body. However, with the political-legal changes of 1989, the foreground is suddenly occupied by the concept of unitary local authority a legal person under public law having its own patrimony, the administrative bodies being, at the same time, “depersonalized” (deprived of their legal personality) by their conceptual rethinking. However, in order to justify the passive procedural quality of the issuing body, the doctrine and the jurisprudence are continuing to use the theory of (restricted) administrative capacity, introducing the concept of administrative/public authority through successive laws on administrative litigation facilitating the preservation of this unfortunate custom. Currently, the legal basis that the Romanian doctrine uses to legally substantiate the theory of administrative capacity is related to the notion of public authority, as it is defined by art. 2 para. (1) letter b) of Law no. 554/2004 of the administrative contentious, and then used in the provisions of art. 1 and 13 of the same normative act. This theoretical construction is at least debatable: on the one hand, the notion is incoherent, a source of ambiguity in itself because it unjustifiably (and unfoundedly) assimilates an entity with full legal personality (private law) to one without legal personality (public law), ruining any attempt to bring order in this matter. On the other hand, the inadequacy of that concept results from the fact that it does not resolve all the situations in which, in practice, there would be a need to determine the issuing body of an administrative act. Consequently, taking into account the fact that any type of capacity, regardless of whether it is a material or procedural law, cannot exist, in theory, outside the legal personality, because each type of capacity is only a part of the juridical capacity (general), and the fact that any exception to this capacity must be expressly provided for by law (a procedural one, in the case of the capacity to stand as a defendant before the administrative court), it is undoubted that the only solution theoretically correct and practically risk-free for the plaintiff would be that, regardless of their concrete claim in court, the legal person of public law whose body issued the illegal act, the one that has the power to resolve the plaintiff’s claim must havepassive procedural capacity . This solution is also in line with the principle of security of legal relations (clarity and predictability of the law), especially since a legal person under public law can be recognized as issuing authority. This solution is based, on the one hand, on the provisions of the Romanian Civil Code (art. 218, 219, 221) which, acquiring applicability in the matter of administrative contentious pursuant to art. 28 of Law no. 554/2004 and assimilating from specific points of view the legal person of public law with that of private law, subjecting to the rules of the mandate the relations between the legal person and its bodies, and, on the other hand, those of the Romanian Administrative Code, given that the notion of administrative capacity acquired today, through art. 5 letter o) of the Romanian Administrative Code has an entirely different meaning."
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Sienkiewicz, Tomasz. "THE NEED FOR RESEARCH ON PUBLIC SUBJECTIVE RIGHTSOF PERSONS WITH DISABILITIESFROM THE PERSPECTIVE OF POLISH ADMINISTRATIVE LAW." Review of European and Comparative Law 28, no. 1 (March 15, 2017): 41–65. http://dx.doi.org/10.31743/recl.4310.
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When dealing with citizens, public administration has numerous opportunities for abuse of its privileged position. The study of public subjective rights of disabled persons in public law is important because the relation under administrative law is not an equal relation. The state is always the stronger party. When a party to this relation is a person with a dysfunction of the body, a situation is created which is highly unfavourable for this person because of the natural tendency of the state system (including public authorities) to use its privileged position. This can result in actual discrimination of persons with disabilities. The purpose of the law is the common good and welfare of individual persons. Respecting the welfare of persons with disabilities in the public law guarantees the realization of the common good. One can not create the law while ignoring the rules governing human life. As Petrażycki wrote, “the highest good to which we should strive in policy in general and legal policy in particular – is the moral development of man and the rule of highest rational ethics among human beings, namely, the ideal of love” (Petrażycki, 1968, translation mine).
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Tabaszewski, Robert. "The Status of an Academic Teacher as a Public Officer. Comments in the Context of the Law on Higher Education and Science." Białostockie Studia Prawnicze 25, no. 4 (December 1, 2020): 173–86. http://dx.doi.org/10.15290/bsp.2020.25.04.12.
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Abstract The subject of this article is the legal status of an academic teacher as a person discharging a public function under the applicable Law on Higher Education and Science of 20 July 2018. It examines whether and to what extent the current regulation has affected the sphere of rights and obligations of an academic teacher who is a public official in special situations. In particular, the legal status of academic teachers and the status of public school teachers are compared. The author shows that the Law on Higher Education and Science does not contain a provision explicitly granting an academic teacher the status of a person performing a public function. This status is recognised in the rulings of common and administrative courts. Lawyers also recognise that an academic teacher, as a person employed at a university, that is, a unit with public funds, performs public functions. The article also describes the degree of legal responsibility of an academic teacher towards other entities.
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Kadriu, Alban. "CRIMINAL LIABILITY OF LEGAL PERSONS IN R. OF MACEDONIA." Knowledge International Journal 28, no. 6 (December 10, 2018): 1947–52. http://dx.doi.org/10.35120/kij28061947a.
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Otherwise the subject of justice of a person with whom a person earns from his birth, a legal person is a product of the written law. In general, a legal entity is usually an organization that has ownership, economic activity, operational management, property and liability of its obligations with that property. Legal persons have their own will, their property they own and are responsible for their actions, which allows not being confused with the property of the people who founded it, nor of the will of all the people who work in it. Legal persons have an important role in everyday life. They are present and active in every field, because the legal system recognizes them as subjects of law.As an artificial creation created by law, a legal person also serves to create different collective goals and interests in society. However, it is important to note that all organizations, associations, institutions, etc., which exist today in the Republic of Macedonia, which have the property and organization of people working there, are not considered as legal entities. For this, the organization, company or the status of a legal person or the same should be foreseen in the state legal order. Criminal law in a country must, above all, serve the citizens, namely to assure their personal security and respect for human rights and fundamental freedoms, with proper functioning and due respect, above all of state bodies, but also of others. to enable citizens a peaceful life on the one hand, and on the other hand, the state will provide opportunities and a range of tools for maintaining the peace and well-being of citizens.From this we can conclude that if the offense is committed outside of the authority given to a natural person in this case the legal person can not be held responsible, but if the same case and despite being carried out outside the authorization is carried out in favor of the person legal entity in this case the legal person appears as an accomplice in the crime and to decide on his responsibility is the sufficient fact that the benefits he takes for himself or shares with his bailiff, noting the fact that the legal person and the person in charge of the person are collaborators of crime.From the criminal liability, the only excluded is the country by simple reason which would be illogical or with other words the state only accounts for themselves and their actions, while local governments are responsible only for offenses committed outside their public powers.
Dissertations / Theses on the topic "Legal person of public law"
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Armas, Diéguez Silvana Lorena. "The Impediment for Public Procurement with the Linked Legal Entity." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/119166.
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This paper analyzes from a constitutional perspective, applying the test of proportionality about limiting rights, the impediment to hiring those associated corporations, through individuals, with those legal persons which has imposed a sanction temporary or permanent disqualification from government contracts. From this framework of study, the author finds that the interference on freedom of contract is disproportionate because it violates the principle of causality and strict liability, by attributing to a third party (legal person linked) consequences for the actions made to it by a different legal entity.El presente trabajo analiza desde una perspectiva constitucional, aplicando el test de proporcionalidad en la limitación de los derechos, el impedimento para la contratación de aquellas personas jurídicas vinculadas, a través personas naturales, con aquellas personas jurídicas a las cuales se las ha impuesto una sanción de inhabilitación temporal o definitiva para contratar con el Estado. A partir de dicho marco de estudio, la autora considera que la injerencia sobre la libertad de contratación es desproporcionada en razón a que vulnera el principio de causalidad y la responsabilidad objetiva, al atribuirle a un tercero (persona jurídica vinculada) las consecuencias por las acciones realizadas por una persona jurídica distinta a ella.
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Weber, Hedda Anne. "Comparison of the legal protection standards of HIV-infected public employees in Canada and the United States." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30334.
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This thesis examines the legal protection of public employees who are HIV-infected or have AIDS in Canada and the United States. Emphasis is placed on the dealing with mandatory HIV-testing schemes in each country. To this end, the first section presents medical facts about the disease itself, the transmission risks, and testing methods as ethical considerations about HIV-testing schemes. The second section addresses the protection standards guaranteed by the Constitution of the United States and compares them to the standards set out by the Canadian Charter of Rights and Freedoms . Finally, the third section compares protection offered under the Rehabilitation Act of 1973, the Americans with Disabilities Act, and the Canadian Human Rights Act.
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Mavedzenge, Justice Alfred. "An analysis of how Zimbabwe’s international legal obligation to achieve the realisation of the right of access to adequate housing, can be enforced in domestic courts as a constitutional right, notwithstanding the absence of a specific constitutional right of every person to have access to adequate housing." Thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/28353.
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The Constitution of Zimbabwe of 2013 does not expressly guarantee every person a right to have access to adequate housing. However, the Government of Zimbabwe has an international legal obligation to achieve the progressive realisation of the right to have access to adequate housing by everyone in the country. This obligation is derived from art 11 (1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). Zimbabwe is a dualist state and therefore, this obligation is not directly or automatically enforceable as municipal law in Zimbabwe. It can be enforced in domestic courts only if it has been enacted into legislation or if it is entrenched as a constitutional obligation. The absence of a specific constitutional right, guaranteed for everyone to have access to adequate housing, thus raises the concern that the government may not be held accountable, in the domestic courts, to comply with its international legal obligation to ensure that everyone enjoys access to adequate housing. There is a national housing crisis in Zimbabwe that is characterised by an acute shortage of adequate housing, mass forced evictions and unfair discrimination in the allocation of housing facilities by government. There is therefore an existing need to compel government to comply with and fulfil its international legal obligations relating to the right of every person to have access to adequate housing. In the absence of an explicit constitutional guarantee of such a right, it is necessary to find alternative constitutional rights which citizens and individuals in Zimbabwe can rely on to compel Government to comply with and fulfil its international legal obligations that arise from art 11 (1) of the ICESCR. The Constitution of Zimbabwe expressly guarantees for everyone the following rights; the fundamental freedom from arbitrary evictions, the right to life, the right to equality and the children’s right to shelter. The scope of each of these rights can be interpreted broadly to include some of the duties that ordinarily arise from the right to have access to adequate housing. Therefore, these rights can be applied together to enforce the international legal duty of the state to ensure the progressive realisation of the right to have access to adequate housing by everyone in Zimbabwe.
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Becerra, Farfán María Hilda. "The Public Procurement Administrative Court in the Period 2012-2014." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/119043.
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This article shows the results of the Public Procurement Administrative Court’s performance from 2012 to 2014, mainly referred to opportunity and predictability on resolutions issuing process, supporting on statistics the evolution of the caseload as well as the time record of closing the procedures related to matters of Administrative Court’s jurisdiction which had a direct effect on the public procurement contracts’ efficiency.Additionally, we go through some Plenary Chamber Rulings, witch jointly with uniform interpretation criteria are the best mechanism to ensure equality in law application and thus institutional framework of Public Procurement Administrative Court.En el presente artículo, se muestran los resultados de la gestión del Tribunal de Contrataciones del Estado en los años 2012 a 2014, referidos, principalmente, a la oportunidad y predictibilidad en la emisión de resoluciones.Apoyada de algunos datos estadísticos, se muestra la evolución de la carga procesal del Tribunal de Contrataciones y los tiempos de atención de los procedimientos de competencia del Tribunal y que inciden, directamente, en la eficiencia de la compra pública. Asimismo, se revisan algunos de los Acuerdos de Sala Plena emitidos, que junto a criterios de interpretación uniforme, son el mejor mecanismo para garantizar la igualdad en la aplicaciónde la ley y por tanto, la institucionalidad del Tribunal de Contrataciones del Estado.
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Shi, Silu. "Les structures administratives territoriales de l'Etat en Chine." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D053.
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Dans l’image traditionnelle, la Chine est un État unitaire typiquement centralisé. Un tel concept, même à l’ère de Mao Zedong, n’est pas très précis, car à l’époque, la Chine a quand-même connu au moins trois cycles de déconcentration/centralisation. Alors, après la réforme d’«ouverture vers l’extérieur» par Deng Xiaoping, la Chine a établi des relations contrastées entre le central et le local. Deng Xiaoping a adopté une décentralisation des compétences par les mesures administratives et transfère les « intérêts » à l’échelon local, ce qui induit une grande latitude pour ce dernier, en particulier, en matière de développement de l’économie. Ainsi, une décentralisation non institutionnalisée a conduit l’échelon local à devenir de facto une entité administrative qui maîtrise les ressources et les compétences au nom de l’État, plutôt qu’obéissant aveuglément au central. Derrière ce changement, on voit l’émergence et la force motrice des intérêts locaux, avec une décentralisation approfondie, les gouvernements locaux ont reçu beaucoup plus de pouvoirs discrétionnaires, surtout pour ce qui concerne les affaires locales, et en même temps, à travers la maîtrise des ressources et des pouvoirs, les gouvernements locaux possèdent les «jetons» dans la négociation avec le gouvernement central, ayant pour objet et effet d’exprimer les intérêts locaux et d’influencer les décisions du central. Pour maintenir sa primauté, le gouvernement central a adopté une centralisation sélective pour faire face à cette décentralisation de facto afin d’arriver à un équilibre entre le central et le local. Cependant, une décentralisation non institutionnalisée, principalement à travers les négociations pour atteindre un équilibre entre les deux précédents, semble une approche qui n’est toujours pas stable, de telle sorte que la recherche d’une normativité des relations entre le central et le local est devenue un objectif à long termeIn the traditional image, China is a typically centralized unitary country, such a concept, even in the era of Mao Zedong, is not very precise, because at that time, China has even experienced at least three cycles of decentralisation/centralisation. So, through the reform and open by Deng Xiaoping, China has formed contrasting relations between central and local. Deng Xiaoping has adopted decentralization through administrative measures to decentralize the power and transfer “interests” to the local government, so that, the local government has a major initiative, in particular, in the development of the economy. Thus, the non-institutional decentralization leads the local government to become de facto an administrative entity which controls resources and power in the name of the central government. So the local government is not just obeying the central government like before. Behind this change is the emergence and the driving force of local interests. With a deep decentralization, the local governments have received much more discretionary power, especially in the local affairs and at the same time, through the control of resources and powers, the local governments have the “bargain chip” to negotiate with the central government, so that they could express local interests and influence the decisions of the central government. In order to maintain central authority, the central government has adopted a selective centralization for this de facto centralization, so as to achieve a balance between the central government and the local government. However, the non-institutional decentralization mainly through negotiation to achieve a balance between the two preceding ones, seems to be an approach that is still not stable, so that the search for a normativity of relations between central and local has become a long-term goal
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Astudillo, Meza Guillermo, and Montes Sandra Jiménez. "Compliance Programs as a Mechanism to Fight Corruption: Special Reference to Self-Regulation of Companies." Derecho & Sociedad, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/118648.
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This article analyzes the influence self-regulation has had in the recent years as a law instrument that helps monitor corporate organizations, as well as its consequences in the fight against public corruption through corporate compliance programs.El presente artículo analiza la influencia que en los últimos años ha tenido el fenómeno de la autorregulación para el derecho como mecanismo de supervisión de las organizaciones empresariales y sus implicancias en la lucha contra la corrupción pública a través de los programas de cumplimiento para las empresas.
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Yuksek, Murat. "Legal Framework Comparison Of Public Procurement Law With State Procurement Law." Master's thesis, METU, 2005. http://etd.lib.metu.edu.tr/upload/2/12605854/index.pdf.
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This thesis makes the comparison of legal frameworks of the two Procurement Laws, the New Public Procurement Law (4734) and the Ex-State Procurement Law (2886) respectively. As a result of this comparison, it is seen that a lot of provisions starting from tender notice time limits to the awarding of contracts, have been changed substantially by the introduction of Turkish Public Procurement Law. Besides this comparison, the related procurement directive on construction works in European Community, namely EEC 93/37 is analyzed through the topics pertinent to the New Public Procurement Law, from which it is observed that there are both similar and different application regarding tender process in this directive when compared with the provisions of Turkish Public Procurement Law on construction works. This thesis study also aims to put forward the conception of Turkish contractors about the New Public Procurement Law by means of a questionnaire containing 15 questions. From the results of questionnaire, it is seen that majority of the contracting companies have a positive attitude towards the New Public Procurement Law although some provisions of the Law do not meet the expectations
of the companies.
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DeMeola, Zachariah J. "The Corporate Person: How U.S Courts Transformed a Legal Phantom into a Powerful Citizen." W&M ScholarWorks, 2015. https://scholarworks.wm.edu/etd/1539626779.
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Huapaya, Tapia Ramón. "Concept and Legal Regime of Public Service in the Peruvian Public Law." IUS ET VERITAS, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/122803.
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The author proposes a review of the different experiences relating to public services of economic content, both nationally and internationally, and then he analyze its concept and legal framework in national law. to this end, he reviews therecent literature on the subject, the constitutional basis and the relevant case law in order to offer his concept of Guarantor state , linked to the role and concept of public service in the peruvian legal system.El autor propone una revisión de las diferentes experiencias relativas a los servicios públicos de contenido económico, tanto a nivel nacional como internacional, paraluego analizar su concepto y régimen jurídico en el ordenamiento nacional. Para ello, pasa revista a la literatura más reciente sobre la materia, las bases constitucionales y la jurisprudencia más relevante, para así ofrecer su concepto de estado/Administración garante, vinculado al rol y concepto del servicio público en elordenamiento jurídico peruano.
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Gammed, Salem Abd-Arrahman. "The legal aspects of Libyan public international joint ventures." Thesis, University of Strathclyde, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.301437.
Full textBooks on the topic "Legal person of public law"
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EU law and obesity prevention. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2010.
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Loveland, Ian. Housing homeless persons: Administrative law and the administrative process. Oxford: Clarendon Press, 1995.
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(Barrister), Davies Liz, ed. Housing allocation and homelessness. 2nd ed. Bristol: Jordans, 2010.
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barrister, Davies Liz, ed. Housing allocation and homelessness. Bristol: Jordans, 2006.
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Luba, Jan. Housing allocation and homelessness. Bristol: Jordan Publishing Limited, 2012.
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Victoria. Parliament. Public Accounts and Estimates Committee. Report on the appointment of persons to conduct financial and performance audits of the Victorian Auditor-General's Office. [Melbourne]: Government Printer for the State of Victoria, 2002.
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United States. Congress. House. Committee on Government Operations. Government Activities and Transportation Subcommittee. Providing shelter for the homeless on underutilized federal properties pursuant to the McKinney Homeless Assistance Act: Hearing before a subcommittee of the Committee on Government Operations, House of Representatives, One Hundredth Congress, second session, October 13, 1988. Washington: U.S. G.P.O., 1989.
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Subcommittee, United States Congress House Committee on Government Operations Government Activities and Transportation. Providing shelter for the homeless on underutilized federal properties pursuant to the McKinney Homeless Assistance Act: Hearing before a subcommittee of the Committee on Government Operations, House of Representatives, One Hundredth Congress, second session, October 13, 1988. Washington: U.S. G.P.O., 1989.
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United States. Congress. House. Committee on Government Operations. Government Activities and Transportation Subcommittee. Providing shelter for the homeless on underutilized federal properties pursuant to the McKinney Homeless Assistance Act: Hearing before a subcommittee of the Committee on Government Operations, House of Representatives, One Hundredth Congress, second session, October 13, 1988. Washington: U.S. G.P.O., 1989.
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New Jersey. Legislature. Senate. Committee on Law, Public Safety, and Defense. Public hearing before Senate Law, Public Safety, and Defense Committee, Senate bill no. 2992: Requires establishment of mandatory training for fire fighters in the career fire service and makes available such training for persons serving in the volunteer fire service : October 4, 1989, Meeting Room, Louis Bay 2nd Library and Community Center, Hawthorne, New Jersey. Trenton, N.J: The Committee, 1989.
Find full textBook chapters on the topic "Legal person of public law"
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Valderrama, Carlos José. "Investor-State Dispute Prevention: The Perspective of Peru." In Public Actors in International Investment Law, 117–33. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-58916-5_7.
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AbstractThis chapter examines state perspectives on investor-state dispute prevention drawing on the author’s personal experience and practice in Peru’s legal defence team. First, it focuses on identifying risks states experience when confronted with investor-state dispute settlement. Next, the chapter turns to particular experiences and general considerations regarding dispute prevention. Finally, it concludes with some recommendations for the implementation of certain dispute prevention practices.
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Kurki, Visa. "Legal Person." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–5. Dordrecht: Springer Netherlands, 2020. http://dx.doi.org/10.1007/978-94-007-6730-0_810-1.
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Ziekow, Jan. "Administrative Procedures and Processes." In Public Administration in Germany, 163–83. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-53697-8_11.
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AbstractA process-oriented approach sees public administration as an interconnection of information, communications, interactions and decisions. It establishes the process organisation that shows the state ‘in action’ and complements the administrative and personnel side of public administration. While the term administrative processes can be understood as a generic term for this procedural side of the administration, according to the German understanding, procedures are processes with which the administration works towards citizens and companies and in which these face the administration with their own rights. Characteristic of these procedures vis-à-vis persons outside the administration is a high degree of juridification by administrative procedure law. The legal status of the citizen vis-à-vis the administration is very strong in Germany. In recent years, also influenced by New Public Management thought, great efforts have been made to optimise the procedural side of public administration. The chapter presents significant tools and approaches of this process thinking.
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Fukui, Hideo. "Real Estate and the Legal System of Japan." In New Frontiers in Regional Science: Asian Perspectives, 3–7. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-15-8848-8_1.
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AbstractIn Part I, entitled Real Estate and the Legal System, we analyze owner-unknown land issues, land acquisitions, and real estate auctions.The use and value of real estate such as land and buildings are significantly affected by public laws and regulations related to urban planning and construction, the environment, and taxation; for example, contract laws such as the Act on Land and Building Leases; private laws regulating torts, collateral enforcement, and so on; tax laws that regulate transfer taxes, ownership taxes, and transaction taxes; and regulations surrounding land use and urban infrastructure development. This paper discusses, therefore, the relationships between these laws and real estate, identifies problems in the laws associated with real estate in Japan, and proposes improvements.First, in recent years, owner-unknown land issues have become a serious concern in Japan. The Japanese registry does not always reflect the actual rightful owner, primarily because such registration is only a perfection requirement in civil law and registration involves a great deal of time and money. For example, because a large extent of land is registered to owners from nearly 100 years ago, it has changed hands many times through inheritance, which means that today, it is extremely difficult to determine the actual owner (inheritor) without spending a great deal of time and money. However, if the profits to be obtained from the land do not justify such expense, the land remains unused as “owner-unknown land.”Buying and selling land under Japanese civil law requires an agreement from all landowners including in the case of shared ownerships; therefore, even if the land has high returns, if it is “owner-unknown land,” it cannot be used effectively. With a focus on unknown-owner land, in this section, four writers provide multifaceted perspectives on the causes thereof, the defects in the current system, and the possible solutions.Eminent domain, the system which allows the acquisition of land against the land owner’s will for public projects, is widely institutionalized in many countries. It works to mitigate the owner-unknown land issues as far as lands are acquired by public projects.Further, real estate auctions are often held when liens are placed on land and/or residences for housing loan defaults. The Japanese civil auction system, which was institutionalized at the end of the nineteenth century, stipulates that a tenancy that is behind on a mortgage may resist a purchase unconditionally as long as the mortgage default period is within 3 years (short-term lease protection system/former Civil Code Article 395). This system was intended to avoid the unstable use of mortgaged properties and to promote the effective use of real estate; however, because the majority of users and the beneficiaries of this system were in fact anti-social groups, it was used to demand money unjustly from debtors and buyers, thus preventing the effective use of the mortgaged properties.When the protection of short-term leases was abolished in 2004, these types of interferences are said to have decreased drastically. However, successful bids for auctioned real estate properties continue to be lower than in general transactions. Therefore, here, we provide a quantitative analysis of these situations and propose further auction system improvements.Below, we introduce the outlines of each theory in Part I.
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Halliday, Simon. "Public Law." In Integrating Socio-Legal Studies into the Law Curriculum, 141–60. London: Macmillan Education UK, 2012. http://dx.doi.org/10.1007/978-1-137-01603-4_8.
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Grimes, Richard. "Incorporating PLE into the law school." In Public Legal Education, 79–104. Milton Park, Abingdon, Oxon; New York, NY: Routledge, 2021. | Series: Emerging legal education.: Routledge, 2021. http://dx.doi.org/10.4324/9781003103110-4.
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McLaughlin, Susan. "The company as a distinct and legal person." In Unlocking Company Law, 81–120. 4th edition. | Abingdon, Oxon ; New York, NY : Routledge, [2018] | Series: Unlocking the law: Routledge, 2018. http://dx.doi.org/10.4324/9780203702741-3.
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Prodromou, Zena. "Public procurement under European Union law." In Architect’s Legal Handbook, 143–54. Tenth edition. | Milton Park, Abingdon, Oxon; New York, NY: Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.4324/9780429279546-15.
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Bobbitt, Philip. "Public International Law." In A Companion to Philosophy of Law and Legal Theory, 103–18. Oxford, UK: Wiley-Blackwell, 2010. http://dx.doi.org/10.1002/9781444320114.ch5.
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Tzortzatou, Olga, and Anastasia Siapka. "Mapping the Biobank Landscape in Greece." In GDPR and Biobanking, 291–307. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-49388-2_16.
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AbstractThe biobank landscape in Greece is mainly defined by tissue and data collections created in the course of clinical practice whose samples are subsequently repurposed for research. Given that there is no specific Greek biobank law, these collections have been so far governed through provisions drawn from the domestic civil and constitutional legal armamentarium concerning (biomedical) research as well as soft and hard EU and international laws. This chapter provides an empirical overview of the biobank landscape in Greece, describing existing biobanks and tissue collections potentially used for research in a non-exhaustive manner. Next, it explores how the Greek Law on the Protection of Personal Data envisages individuals’ rights in the context of biobanking research and how these rights are weighted against the public interest. Finally, it evaluates the potential impact of the GDPR on biobanking in Greece.
Conference papers on the topic "Legal person of public law"
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Dranishnikova, Angela, and Ivan Semenov. "LEGAL ESSENCE OF ANCIENT PROVERBS AND SAYS AND THEIR SOCIAL SIGNIFICANCE." In Current problems of jurisprudence. ru: Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02032-6/075-081.
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The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.
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Imamović-Čizmić, Kanita, Elma Kovačević-Bajtal, and Lejla Ramić. "COMPETITION LAW IN BOSNIA AND HERZEGOVINA: HOW READY WE ARE FOR THE CHALLENGES OF THE MODERN AGE?" In International Jean Monnet Module Conference of EU and Comparative Competition Law Issues "Competition Law (in Pandemic Times): Challenges and Reforms. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18820.
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Bosnia and Herzegovina, having an extremely complex state system and at the same time being a developing country and economy in transition with a commitment to membership in the European Union, faces numerous challenges in adapting national legislation to the acquis communautaire. One of the key segments of the introduction of European standards is the establishment of an effective mechanism for the protection of competition in legislative and institutional terms. With the adoption of the Competition Law in 2005, which brings new solutions and is largely in line with the acquis, Bosnia and Herzegovina has made a significant step forward from the previous state of legal irregularity in this important segment. However, sixteen years of the enforcement of the BiH Competition Law have shown certain shortcomings regarding the particular solutions contained in it. These shortcomings concern the part of the provision of the law that regulates procedural issues, but also the functioning of the authority responsible for the protection of competition in Bosnia and Herzegovina and it can be assumed that these are obstructive elements in response to the challenges of COVID-19 pandemic. In order to follow the international trends, companies in BiH have entered into a process of business digitalization, which, however, being accelerated due to COVID-19 pandemic, has created many challenges before the Council of Competition of BiH as the authority responsible for public enforcement of the competition law. The aim of this paper is to question the extent to which COVID-19 pandemic has affected the work of the Council of Competition BiH, as well as to address some of the particular issues it has faced before the pandemic, including growing market concentration, growing power of digital platforms, protectionism, consumer vulnerability and consequent loss of public confidence. In order to meet the set research goals, the first part of the paper will present an analysis of the legal solutions in the context of the legal and institutional aspect of competition protection and will provide an overview of the situation regarding the digitalization of business operations in Bosnia and Herzegovina. The second part of the paper will provide an analysis of the work of the Council of Competition of BiH with special reference to the period of declaring the pandemic COVID-19.
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Đurđić-Milošević, Tamara. "TESTAMENTARY FORMALITIES IN THE TIME OF PANDEMIC." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18314.
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The formalism in testamentary law is a result of the need to protect the freedom of testamentary disposition and the authenticity of the last will of the testator. Proposed formalities are supposed to serve multiple purposes in testamentary law: evidentiary, cautionary and protective. Having in mind the level of modern society development and technologies, as well as the new challenges we face with today (such as pandemics, natural disasters, etc.), the question arises: whether the prescribed formalities in testamentary disposition are justified in terms of purposes they are suposed to serve? Modern testamentary law is characterized by the trend of liberalization of testamentary forms, mitigation of formalities, abolition of certain obsolete forms of testament, but also introduction of new forms dictated by new social and economic, political circumstances and new requirements of legal trade mortis causa. The experience with the Covid pandemic confirmed the importance of these issues. The state of the pandemic indisputably restricts the freedom of testation in several directions: limited contacts prevent the presence of notaries or judges as representatives of public authorities as a mandatory element of form in public testamentary forms, and the possibility of their composition; it is impossible or difficult to ensure the presence of testamentary witnesses in allographic testament and thus difficult to implement the principle of unitu actu as a key feature of the testamentary form; finally, illiterate people and people with disabilities remain deprived of the opportunity to exercise their constitutionally guaranteed freedom of testing due to being unable to make an holographic legacy, as their sole option available within the extraordinary circumstances of a pandemic, due to above mentioned restrictions. As the basic purpose of the testamentary right is to enable a testamentarily capable person to manifest his last will in whatever circumstances he finds himself, extraordinary circumstances during a pandemic indisputably restrict the freedom of testing. The new pandemic circumstances have prompted the legal public to think in the following directions: whether there is a need to introduce new forms of testament during a pandemic (as was done in Spain, which regulated testament during a pandemic); should certain elements of the form of the will be modernized (e.g. allow the possibility of the participation of the witness of the will in the process of making the will online via audio-video link) ?; and finally, should the door be opened to the digitalization of the will and the possibility of compiling an electronic will and mark the beginning of a new era of testamentary law? These and related issues are the subject of analysis in this paper, and will be viewed through the prism of comparative legislation, with special emphasis on the legislation of the countries of the Roman legal tradition that precedes the form of bequest during a pandemic. In order to determine the guidelines for further development of testamentary law and its rationalization, the situation in common law countries will be pointed out, and some examples from their case law will be analyzed, considering that a significant step towards digitalization of testamentary law has already been made in these legal systems. Based on this comparative analysis, which implies the application of primarily comparative law and dogmatic methods, as well as axiological through a new approach to the testamentary form, we try to determine whether testamentary forms and formalities are harmonized with the needs of modern society, especially in pandemics. Finally, at the end of the paper, the author tries to give proposed solutions in the direction of reforming the testamentary formalities de lege ferenda, trying to establish a balance between legal certainty and freedom of testing.
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Avcı, Mustafa. "Treatise about Confiscation without Expropriation According to Turkish Law." In International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.01144.
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In the Turkish law, the most characteristic example of de facto action is confiscation without expropriation. A certain case is defined as confiscation without expropriation when an immovable property belonging to someone was occupied by the Administration for being used in public service and the occupation is not based on an expropriation procedure established in accordance with the rules and principles specified in the legislation. In that vein, it has been accepted that de facto confiscation resulting from unlawful acts of the Administration does not differ from wrongful acts of private persons, and thus such administrative acts should be subject to ordinary jurisdiction just like in the case of damages arising from wrongful acts of private persons. However, confiscation without expropriation is not always of this nature. In certain cases, although a given immovable property is not exposed to a de facto confiscation without expropriation, it may have been specified as a green area on the zoning plan. In such a case, the owner’s authorities deriving from property rights will be restricted. This situation may be considered a legal confiscation without expropriation. This study investigates the dualist structure resulting from the temporary Article 6 of the Law no. 2942 on Expropriation amended by Article 21 of the Law no. 6487 and the temporary Article 7 added to the Law of Expropriation by Article 22 of the same Law.
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Krštenić, Jasmina. "USLUGE I VLADAVINA PRAVA - neka pitanja iz oblasti prava mora i svojevrsnih usluga državama u duhu vladavine prava -." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujevcu, 2021. http://dx.doi.org/10.46793/uvp21.993k.
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Giving attention to the legal relations in special international public law branch which its existence connects to the biggest part of the Planet, unresearched completely, it is absolutely important for modern way of living. In a period of questioning of boundaries and possibilities of future existence of ancient principles of legitimate rule, we need to pay attention to, at least for a glance, issues which tangle the subjects of legal relations regulated by rules under law of the sea. Lot of people use sea routes, a certain part of population of continental states uses the benefits of the sea although they do not ask themselves about order and way of functioning that huge system which demands obeying rules defined on international level. Struggle to reach an agreement was long and difficult, results are visible and used, and agreed terms and established rules, could be changed. It is important to know certain circumstances, some demands and the essence of the agreement reached. The sea as a road, the source of life, and this time, the source of international rules governing legal order on sea’s surface and endless depths. We will get acquainted with the basics of the law of the sea and some sorts of sea related services. We will consider some problems and ways of solving these problems with the provision of proposed guidelines for future action within the framework of the international law of the sea.
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Abdullah, Yahya. "Judicial oversight of applications submitted to the administration is a reason for its development." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp191-212.
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"The administration performs a great task in the life of modern societies, through its intervention to satisfy public needs through the establishment and management of public utilities that aim to achieve the public interest and respond to the requirements and necessities of daily life, as well as protecting public order, and regulating the relationship between them and individuals with constitutional and legal texts, as well as The organizational rules that lay down the general framework for public liberties and individual rights, all to prevent them from practicing any activity outside the framework of legality. Originally, the administration is not obligated to issue its decisions in a specific form, as it is free to choose the external form of these decisions, unless the law requires it otherwise. This requires that the decision be embodied in an external form in order for individuals to know the will of the administration and to adjust their behavior according to its requirements. However, the implementation of this rule on its launch, may negatively affect the rights of individuals, because the administration may sometimes deliberately remain silent about deciding the requests submitted to it, or it may neglect at other times to respond to these requests. Existence of apparent decisions in an external legal form, meaning that the matter remains in the hands of the administration, if it wants it will respond to the requests of individuals, and if it wants to be silent, which constitutes a waste of their rights, a violation of the principle of equality, and confiscation of the right to litigation guaranteed by the constitution, it requires protection of individuals from the inconvenience of the administration And the abuse of their rights, and put an end to the neglect of employees and their indifference to the requests or grievances submitted to them, in addition to the fact that the requirements of the public interest require that the administrative staff exercise the powers entrusted to them by law at the present time. ( ) For these justifications, the legislator intervened in many countries, including France, Egypt, Lebanon and Iraq, to suppose that the administration had announced its will, even if it remained silent or silent about deciding on the request presented to it, and this resulted in an implicit administrative decision of rejection or approval. As a result of the large number of state intervention in the economic and social fields in recent times, it has led to the multiplicity and diversity of state agencies and institutions, and the public administration often does not provide its services to individuals except at the request of individuals. Therefore, it may be difficult for individuals to identify a competent administrative authority to submit their request to. to get those services. He makes a mistake and submits it to a non-competent administrative body. When this authority is silent and does not transfer the request to its competent authority, and the legal period granted to the administration to respond to their requests has passed, individuals resort to the judiciary, and submitting the request to the non-competent authority prevents the judiciary from accepting their claim, which wastes their rights and thus harms them. Therefore, the administrative judiciary in many countries has extended its control over this case to consider the application submitted to a non-competent administrative body as if it was submitted to its competent authority, given that the state is a single public legal person. Accordingly, the request submitted to any party starts from the legal period available to the administration to meet the requests of individuals and in its absence the implicit administrative decision of rejection or acceptance arises. Accordingly, we will study the jurisprudence of the French, Lebanese, Egyptian and Iraqi judiciary in this study. The importance of the study lies in the implications of the subject of requests submitted to the administration, the delay in their completion, the silence of the administration, and the consequent effects and exposure to the rights of individuals. And that it will show how to confront this silence, neglect and intransigence of the administration. The idea of implicit administrative decisions, resulting from the administration’s silence on the requests submitted to it, is an effective means, which makes the administration more positive and enables individuals to confront the administration’s silence, and prevents its intransigence, arbitrariness or neglect. The problem of the research is that can silence be an expression of the will? How do individuals protect themselves from the actions of the administration, and who guarantees its non-bias, arbitrariness and deviation? Does submitting the application to a non-competent body protect the rights of individuals? ? And the extent of judicial oversight on the authority of the administration.? And the extent of the compatibility and divergence of the positions of the administrative judiciary in France, Lebanon, Egypt and Iraq regarding this.? From the above in explaining the importance of the study and its problem, we can deduce the scope of the study, which is the study of judicial control over the requests submitted to the administration by taking an overview of the nature of the requests, their types and distinguishing them from others, and the position of each of the legislation, the judiciary and jurisprudence from it. The research consists of two sections, the first deals with the nature of the request and what is related to it, and the second is judicial control over the applications submitted to the administration, as follows"
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Laukyte, Migle. "AI as a Legal Person." In ICAIL '19: Seventeenth International Conference on Artificial Intelligence and Law. New York, NY, USA: ACM, 2019. http://dx.doi.org/10.1145/3322640.3326701.
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Cavalcante de Melo, Thamyres, and Bianca Gomes da Silva Muylaert Monteiro de Castro. "Affirmative action and justice policies: an analysis of the understanding of law course students about the legal reservation of places for access to higher education." In 7th International Congress on Scientific Knowledge. Perspectivas Online: Humanas e Sociais Aplicadas, 2021. http://dx.doi.org/10.25242/8876113220212440.
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Affirmative actions reflect the ideal of achieving equal opportunities and represent the realization of cultural transformations in order to reduce the effects of historically accumulated inequalities. Such actions are capableof implementing greater representation of minority groups in the most diverse domains of public and private activity. In the case of quotas instituted to guarantee minority access to higher education, the reservation of places is one of the forms of social justice that tries to guarantee a minimum level of education for the most disadvantaged, trying to compensate and equalize the opportunities for access to education. This research aimed to analyze the perception of students in the ISECENSA Law course about the affirmative action policy, with an emphasis on the quota modality that promotes the legal reserve of places for the so-called “minorities”. Therefore, the methodology used was qualiquantitative and had as its starting point the bibliographical review to situate the quota policy as an object in the field of socio-legal studies. Documentary analysis of laws on the subject was carried out, as well as field research, through which the questionnaire was used as a data collection instrument to verify the position of ISECENSA law students on the quota policy and to identify whether the students understand the meaning of the quota policy. Thus, 115 questionnaires were applied to students from the 1st to the 5th period of the Isecensa Law course and the data collected showed the students' concern with Social Justice, even with the initial lack of knowledge about the concept of “affirmative action”. In this way, it was possible to analyze the perception of law students at ISECENSA regarding the quota policy and also to promote awareness of the reasons and effects of the implementation of that policy. It is expected then, to contribute to the humanization of educational institutions by encouraging diversity in order to build a society that respects difference, seeking to achieve peace and equality
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LADYCHENKO, Viktor. "INFORMATION POLICY IN THE ENVIRONMENTAL SPHERE IN THE CONTEXT OF SUSTAINABLE DEVELOPMENT OF UKRAINE AND THE EU." In RURAL DEVELOPMENT. Aleksandras Stulginskis University, 2018. http://dx.doi.org/10.15544/rd.2017.218.
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The purpose of this research is to develop a legal mechanism for ensuring the right to access environmental information to ensure sustainable development of society. In the context of our study we developed an understanding of information human rights - the right to collect, disseminate, use and preserve environmental information is fundamental and natural. We understand information human rights as a group of rights with a center around freedom of information, the right to environmental information, the right to communication in environmental sphere, the right to access to environmental information that is public or socially significant, the right to privacy, and the protection of personal data. In the EU, access to environmental information is regulated by Directive 2003/4/EC (Aarhus Convention, 1998). Citizens of the EU have the right to receive this information within one month from the moment they ask and not to mention why they need it. In addition, public authorities are required to actively disseminate information on environmental information at their disposal. In Ukraine defined system of a jurisdiction whose collection includes different types of environmental information and formation of information on environmental policy. But the issue of public administration in the field of environmental protection is currently split between different executive bodies; there is no united information policy and the body responsible for it. There is no obligation for the authorities to inform the population even in crisis situations. This study will form the legal framework to ensure the right of access to environmental information in Ukraine by introducing the position of Information Commissioner - an official, the competence of which includes monitoring of compliance of information law with information policy in the environmental field.
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Mehmetaj, J. "INTERNATIONAL PUBLIC LAW AND ALBANIA LEGAL SYSTEM." In V International Youth Conference "Perspectives of Science and Education". Prague: Premier Publishing s.r.o., 2019. http://dx.doi.org/10.29013/v-conf-usa-6-183-189.
Full textReports on the topic "Legal person of public law"
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Tostes, Rogelio. Public law and its techniques: semantic adaptations in catalan legal practice (13th-14th centuries). Edicions de la Universitat de Lleida, 2021. http://dx.doi.org/10.21001/itma.2021.15.11.
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Cachalia, Firoz, and Jonathan Klaaren. A South African Public Law Perspective on Digitalisation in the Health Sector. Digital Pathways at Oxford, July 2021. http://dx.doi.org/10.35489/bsg-dp-wp_2021/05.
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We explored some of the questions posed by digitalisation in an accompanying working paper focused on constitutional theory: Digitalisation, the ‘Fourth Industrial Revolution’ and the Constitutional Law of Privacy in South Africa. In that paper, we asked what legal resources are available in the South African legal system to respond to the risk and benefits posed by digitalisation. We argued that this question would be best answered by developing what we have termed a 'South African public law perspective'. In our view, while any particular legal system may often lag behind, the law constitutes an adaptive resource that can and should respond to disruptive technological change by re-examining existing concepts and creating new, more adequate conceptions. Our public law perspective reframes privacy law as both a private and a public good essential to the functioning of a constitutional democracy in the era of digitalisation. In this working paper, we take the analysis one practical step further: we use our public law perspective on digitalisation in the South African health sector. We do so because this sector is significant in its own right – public health is necessary for a healthy society – and also to further explore how and to what extent the South African constitutional framework provides resources at least roughly adequate for the challenges posed by the current 'digitalisation plus' era. The theoretical perspective we have developed is certainly relevant to digitalisation’s impact in the health sector. The social, economic and political progress that took place in the 20th century was strongly correlated with technological change of the first three industrial revolutions. The technological innovations associated with what many are terming ‘the fourth industrial revolution’ are also of undoubted utility in the form of new possibilities for enhanced productivity, business formation and wealth creation, as well as the enhanced efficacy of public action to address basic needs such as education and public health.
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Cachalia, Firoz, and Jonathan Klaaren. Digitalisation, the ‘Fourth Industrial Revolution’ and the Constitutional Law of Privacy in South Africa: Towards a public law perspective on constitutional privacy in the era of digitalisation. Digital Pathways at Oxford, July 2021. http://dx.doi.org/10.35489/bsg-dp-wp_2021/04.
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In this working paper, our focus is on the constitutional debates and case law regarding the right to privacy, adopting a method that is largely theoretical. In an accompanying separate working paper, A South African Public Law Perspective on Digitalisation in the Health Sector, we employ the analysis developed here and focus on the specific case of digital technologies in the health sector. The topic and task of these papers lie at the confluence of many areas of contemporary society. To demonstrate and apply the argument of this paper, it would be possible and valuable to extend its analysis into any of numerous spheres of social life, from energy to education to policing to child care. In our accompanying separate paper, we focus on only one policy domain – the health sector. Our aim is to demonstrate our argument about the significance of a public law perspective on the constitutional right to privacy in the age of digitalisation, and attend to several issues raised by digitalisation’s impact in the health sector. For the most part, we focus on technologies that have health benefits and privacy costs, but we also recognise that certain technologies have health costs and privacy benefits. We also briefly outline the recent establishment (and subsequent events) in South Africa of a contact tracing database responding to the COVID-19 pandemic – the COVID-19 Tracing Database – a development at the interface of the law enforcement and health sectors. Our main point in this accompanying paper is to demonstrate the value that a constitutional right to privacy can bring to the regulation of digital technologies in a variety of legal frameworks and technological settings – from public to private, and from the law of the constitution to the ‘law’ of computer coding.
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Ashley, Caitlyn, Elizabeth Spencer Berthiaume, Philip Berzin, Rikki Blassingame, Stephanie Bradley Fryer, John Cox, E. Samuel Crecelius, et al. Law and Policy Resource Guide: A Survey of Eminent Domain Law in Texas and the Nation. Edited by Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, 2017. http://dx.doi.org/10.37419/eenrs.eminentdomainguide.
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Eminent Domain is the power of the government or quasi-government entities to take private or public property interests through condemnation. Eminent Domain has been a significant issue since 1879 when, in the case of Boom Company v. Patterson, the Supreme Court first acknowledged that the power of eminent domain may be delegated by state legislatures to agencies and non-governmental entities. Thus, the era of legal takings began. Though an important legal dispute then, more recently eminent domain has blossomed into an enduring contentious social and political problem throughout the United States. The Fifth Amendment to the United States Constitution states, “nor shall private property be taken for public use, without just compensation.” Thus, in the wake of the now infamous decision in Kelo v. City of New London, where the Court upheld the taking of private property for purely economic benefit as a “public use,” the requirement of “just compensation” stands as the primary defender of constitutionally protected liberty under the federal constitution. In response to Kelo, many state legislatures passed a variety of eminent domain reforms specifically tailoring what qualifies as a public use and how just compensation should be calculated. Texas landowners recognize that the state’s population is growing at a rapid pace. There is an increasing need for more land and resources such as energy and transportation. But, private property rights are equally important, especially in Texas, and must be protected as well. Eminent domain and the condemnation process is not a willing buyer and willing seller transition; it is a legally forced sale. Therefore, it is necessary to consider further improvements to the laws that govern the use of eminent domain so Texas landowners can have more assurance that this process is fair and respectful of their private property rights when they are forced to relinquish their land. This report compiles statutes and information from the other forty-nine states to illustrate how they address key eminent domain issues. Further, this report endeavors to provide a neutral third voice in Texas to strike a more appropriate balance between individual’s property rights and the need for increased economic development. This report breaks down eminent domain into seven major topics that, in addition to Texas, seemed to be similar in many of the other states. These categories are: (1) Awarding of Attorneys’ Fee; (2) Compensation and Valuation; (3) Procedure Prior to Suit; (4) Condemnation Procedure; (5) What Cannot be Condemned; (6) Public Use & Authority to Condemn; and (7) Abandonment. In analyzing these seven categories, this report does not seek to advance a particular interest but only to provide information on how Texas law differs from other states. This report lays out trends seen across other states that are either similar or dissimilar to Texas, and additionally, discusses interesting and unique laws employed by other states that may be of interest to Texas policy makers. Our research found three dominant categories which tend to be major issues across the country: (1) the awarding of attorneys’ fees; (2) the valuation and measurement of just compensation; and (3) procedure prior to suit.
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Foster, Jessica. Survey of Legal Mechanisms Relating to Groundwater Along the Texas-Mexico Border. Edited by Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, April 2018. http://dx.doi.org/10.37419/eenrs.groundwateralongborder.
Full textAbstract:
The purpose of this study is to present a factual picture of the multiple groundwater governance frameworks that cover the same transboundary aquifers on the Texas-Mexico border. The study can then serve as a foundation to support future research and as a reference for those sharing groundwater resources on the border to use in considering whether and how to coordinate management. Currently, Texas A&M School of Law, the Bush School of Government and Public Service at Texas A&M University, and the Texas Water Resources Institute are collaboratively pursuing a larger interdisciplinary project, and the study presented in this report is part of that concerted endeavor. First, the project establishes a study area, then identifies who are the stakeholders in the area, and finally summarizes the various rules each entity applies to groundwater. The study area selected is based on the aquifers identified in the 2016 study noted above (see Figure 1). Although there is currently no formal agreement between governments or users in Mexico and Texas for managing the reservoirs that cross underneath the international border, this survey represents a preliminary step in addressing the larger problems that the absence of a cooperative groundwater management framework presents. All of the institutional approaches employed in the various jurisdictions surveyed here model features from which developing management approaches could draw. Equally, noting gaps in the institutional approaches themselves and the ad hoc groundwater withdrawals occurring outside the reach of those institutions illustrates potential value in engaging local users in Texas’ and Mexico’s respective groundwater governance arrangements.
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S. Abdellatif, Omar. Localizing Human Rights SDGs: Ghana in context. Raisina House, June 2021. http://dx.doi.org/10.52008/gh2021sdg.
Full textAbstract:
In September 2015, Ghana along all UN member states endorsed the Agenda 2030 Sustainable Development Goals (SDGs) as the cardinal agenda towards achieving a prosperous global future. The SDGs are strongly interdependent, making progress in all goals essential for a country’s achievement of sustainable development. While Ghana and other West African nations have exhibited significant economic and democratic development post-independence. The judiciary system and related legal frameworks, as well as the lack of rule law and political will for safeguarding the human rights of its citizens, falls short of considering violations against minorities. Will Ghana be able to localize human rights related SDGs, given that West African governments historically tended to promote internal security and stability at the expense of universal human rights? This paper focuses on evaluating the commitments made by Ghana towards achieving Agenda 2030, with a particular focus on the SDGs 10 and 16 relating to the promotion of reduced inequalities, peace, justice and accountable institutions. Moreover, this paper also analyzes legal instruments and state laws put in place post Ghana’s democratization in 1992 for the purpose of preventing discrimination and human rights violations in the nation. The article aims to highlight how Ghana’s post-independence political experience, the lack of rule of law, flaws in the judiciary system, and the weak public access to justice are obstacles to its effective localization of human rights SGDs. Those obstacles to Ghana’s compliance with SDGs 10 and 16 are outlined in this paper through a consideration of human rights violations faced by the Ghanaian Muslim and HIV minorities, poor prison conditions, limited public access to justice and the country’s failure to commit to international treaties on human rights. Keywords: Ghana, human rights, rule of law, security, Agenda 2030
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Jones, Nicole S. 2018 Impression, Pattern and Trace Evidence Symposium. RTI Press, May 2018. http://dx.doi.org/10.3768/rtipress.2018.cp.0006.1805.
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From January 22 to 25, 2018, RTI International, the National Institute of Justice (NIJ) and the Forensic Technology Center of Excellence (FTCoE) held the 2018 Impression, Pattern and Trace Evidence Symposium (IPTES) in Arlington, VA, to promote collaboration, enhance knowledge transfer, and share best practices and policies for the impression, pattern, and trace evidence forensic science communities. NIJ and FTCoE are committed to improving the practice of forensic science and strengthening its impact through support of research and development, rigorous technology evaluation and adoption, effective knowledge transfer and education, and comprehensive dissemination of best practices and guidelines to agencies dedicated to combating crime. The future of forensic sciences and its contribution to the public and criminal justice community is a motivating topic to gather expertise in a forum to discuss, learn, and share ideas. It’s about becoming part of an essential and historic movement as the forensic sciences continue to advance. The IPTES was specifically designed to bring together practitioners and researchers to enhance information-sharing and promote collaboration among the impression, pattern, and trace evidence analysts, law enforcement, and legal communities. The IPTES was designed to bring together practitioners and researchers to enhance information sharing and promote collaboration among impression, pattern, and trace evidence analysts, law enforcement, and legal communities. This set of proceedings comprises abstracts from workshops, general sessions, breakout sessions, and poster presentations.
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Bolton, Laura. Criminal Activity and Deforestation in Latin America. Institute of Development Studies (IDS), December 2020. http://dx.doi.org/10.19088/k4d.2021.003.
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This review examines evidence on criminal deforestation activity in Latin America (particularly, but not exclusively the Amazon) and draws from the literature on the lessons learned in combatting criminal deforestation activity. This review focuses on Brazil as representative of the overwhelming majority of literature on criminal activity in relation to deforestation in the Amazon. The literature notes that Illegal deforestation occurs largely through criminal networks as they have the capacity for coordination, processing, selling, and the deployment of armed men to protect operations. Bribery, corruption, and fraud are deeply ingrained in deforestation. Networks may bribe geoprocessing experts, police, and public officials. Members of the criminal groups may become council members, mayors, and state representatives. Land titles are fabricated and trading documentation fraudulent. The literature also notes some interventions to combat this criminal deforestation activity: monitoring and law enforcement; national systems for registry and monitoring; legal enforcement for compliance of environmental law; International agreements and action; and Involving indigenous communities in combatting deforestation.
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Battakhov, P. P. MAIN PROVISIONS OF SOCIAL ENTERPRISE IN RUSSIA. DOICODE, 2020. http://dx.doi.org/10.18411/2276-6598-2020-58823.
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This article discusses the concept of the social orientation of activity and the entrepreneurial approach at the level of the Russian Federation, including a number of aspects of the legal regulation of public relations between organizations of state power and social entrepreneurs. The main problem of the study is the study of the sequence of the assignment of the status of a social enterprise by the authorities Russia at the federal level. Currently, the question is being raised about the adoption of a separate federal legislative act "On the development of small and medium-sized enterprises in the Russian Federation." The introduction of the relevant law is necessary, since the reasons are the basis for the inevitability of consideration of public problems and the adoption of relevant official documents in all regions of the Russian Federation.
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HEFNER, Robert. IHSAN ETHICS AND POLITICAL REVITALIZATION Appreciating Muqtedar Khan’s Islam and Good Governance. IIIT, October 2020. http://dx.doi.org/10.47816/01.001.20.
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Ours is an age of pervasive political turbulence, and the scale of the challenge requires new thinking on politics as well as public ethics for our world. In Western countries, the specter of Islamophobia, alt-right populism, along with racialized violence has shaken public confidence in long-secure assumptions rooted in democracy, diversity, and citizenship. The tragic denouement of so many of the Arab uprisings together with the ascendance of apocalyptic extremists like Daesh and Boko Haram have caused an even greater sense of alarm in large parts of the Muslim-majority world. It is against this backdrop that M.A. Muqtedar Khan has written a book of breathtaking range and ethical beauty. The author explores the history and sociology of the Muslim world, both classic and contemporary. He does so, however, not merely to chronicle the phases of its development, but to explore just why the message of compassion, mercy, and ethical beauty so prominent in the Quran and Sunna of the Prophet came over time to be displaced by a narrow legalism that emphasized jurisprudence, punishment, and social control. In the modern era, Western Orientalists and Islamists alike have pushed the juridification and interpretive reification of Islamic ethical traditions even further. Each group has asserted that the essence of Islam lies in jurisprudence (fiqh), and both have tended to imagine this legal heritage on the model of Western positive law, according to which law is authorized, codified, and enforced by a leviathan state. “Reification of Shariah and equating of Islam and Shariah has a rather emaciating effect on Islam,” Khan rightly argues. It leads its proponents to overlook “the depth and heights of Islamic faith, mysticism, philosophy or even emotions such as divine love (Muhabba)” (13). As the sociologist of Islamic law, Sami Zubaida, has similarly observed, in all these developments one sees evidence, not of a traditionalist reassertion of Muslim values, but a “triumph of Western models” of religion and state (Zubaida 2003:135). To counteract these impoverishing trends, Khan presents a far-reaching analysis that “seeks to move away from the now failed vision of Islamic states without demanding radical secularization” (2). He does so by positioning himself squarely within the ethical and mystical legacy of the Qur’an and traditions of the Prophet. As the book’s title makes clear, the key to this effort of religious recovery is “the cosmology of Ihsan and the worldview of Al-Tasawwuf, the science of Islamic mysticism” (1-2). For Islamist activists whose models of Islam have more to do with contemporary identity politics than a deep reading of Islamic traditions, Khan’s foregrounding of Ihsan may seem unfamiliar or baffling. But one of the many achievements of this book is the skill with which it plumbs the depth of scripture, classical commentaries, and tasawwuf practices to recover and confirm the ethic that lies at their heart. “The Quran promises that God is with those who do beautiful things,” the author reminds us (Khan 2019:1). The concept of Ihsan appears 191 times in 175 verses in the Quran (110). The concept is given its richest elaboration, Khan explains, in the famous hadith of the Angel Gabriel. This tradition recounts that when Gabriel appeared before the Prophet he asked, “What is Ihsan?” Both Gabriel’s question and the Prophet’s response make clear that Ihsan is an ideal at the center of the Qur’an and Sunna of the Prophet, and that it enjoins “perfection, goodness, to better, to do beautiful things and to do righteous deeds” (3). It is this cosmological ethic that Khan argues must be restored and implemented “to develop a political philosophy … that emphasizes love over law” (2). In its expansive exploration of Islamic ethics and civilization, Khan’s Islam and Good Governance will remind some readers of the late Shahab Ahmed’s remarkable book, What is Islam? The Importance of Being Islamic (Ahmed 2016). Both are works of impressive range and spiritual depth. But whereas Ahmed stood in the humanities wing of Islamic studies, Khan is an intellectual polymath who moves easily across the Islamic sciences, social theory, and comparative politics. He brings the full weight of his effort to conclusion with policy recommendations for how “to combine Sufism with political theory” (6), and to do so in a way that recommends specific “Islamic principles that encourage good governance, and politics in pursuit of goodness” (8).