Artículos de revistas sobre el tema "Procedural prerogatives"

EU Law–Vertical competence review of EU secondary law–Court of Justice control of the exercise of EU legislative powers–Strict procedural review of EU legislation–Standard of judicial review and intensity of judicial review–Judicial review as a safeguard of federalism–Constitutional review of EU legislation–Proportionality, subsidiarity and principle of conferral–Balance between the EU legislator’s prerogatives and the need to ensure that EU legislation conforms to the precepts of EU law–Distribution of competences between Member States and the EU

Conflict over presidential nominations has grown more acrimonious in recent decades. Senators have increasingly exploited their procedural prerogatives to block or delay nominations that they oppose. In this article, we utilize a newly collected dataset on holds placed by Republican senators to explore the usage and effect of obstructive tactics on nominations in the 100th to 104th Congresses (1987-1996). We find that nominees subject to a hold see a significant delay in disposition of their nomination, but we do not find evidence that holds regularly prevent nominees from being confirmed by the Senate.

AbstractThe following contribution interprets the ICJ decision on the case Jurisdictional Immunities of the State in a broader picture. The article focuses on the cause of action underlying the domestic civil claims, i.e. the primary rules providing for individual rights. Indeed, the traditional view, which conceives immunity as a ‘procedural’ rule, vigorously upheld by the Court, is not the only way to address this topic. In our view, state immunity is a substitute for other more sensitive questions, namely the definition of ‘state’, its prerogatives, and the individuals as right holders under international law. This approach points out a different rationale under state immunity, leading to major practical consequences in terms of the assessment of international jurisdiction.

The article examines the place and role of the Constitutional Court in the system of public powers in the doctrinal understanding of the concept of human rights and constitutionalism. The Constitution of the Russian Federation establishes the basic constitutional and legal principles that are fundamental to substantive and procedural law. Judicial constitutional review, as the experience of European countries shows, is the most effective in protecting the Constitution. The principles of law applied to the doctrinal assessment of the place and role of the Constitutional Court in the system of public powers constitute a rather dynamic legal concept. The methodology is based on the legal system, public relations, and the political-state course, which, like all fundamental ideas, change, affect legal awareness and establish new requirements for legal regulation and the formation of an appropriate mechanism. The article concludes that the most important condition for the implementation of the prerogatives of the judiciary to administer justice in the consideration and resolution of specific cases, with emphasis on the study and evaluation of evidence. It is the evidence that serves as the basis of information for the court's findings in the case.

The South African Protection of Investment Act 2015 is a strong response to the perceived inadequacy of investment treaties, which are facing growing criticism for their unbalanced character, the undue restrictions on policy space and the shortcomings of the mechanism for the settlement of disputes. While other states have opted for a revision of their treaty models (i.e. India), concluded innovative BITs (i.e. the BIT between Morocco and Nigeria, not yet in force) or preferred facilitation agreements (i.e. Brazil), South Africa has taken a different route based on the assumption that domestic legislation is more appropriate than international legal instruments to regulate foreign investment. The Act is firmly anchored to the Constitution and provides a level of substantive and procedural protection that efficiently preserves South African sovereign prerogatives, but definitely falls short of that commonly ensured under international investment treaties. While states obviously need to balance the private and public rights and obligations at stake with a view to pursuing their economic and social development policies, it remains to be seen whether the drastic reduction in the protection of foreign investors operated by the Act was unavoidable and what impact it may have on the flow of foreign investment to South Africa. The article ultimately reflects on the implications of the Act from the standpoint of the protection enjoyed by foreign investors under both customary international law and investment treaties currently binding South Africa.

The concept and legal nature of public administration have been analyzed. The analysis of research works has allowed to state that the term "public administration" is considered in two aspects - structural and procedural (or functional) where public administration should be understood as executive bodies, local self-government bodies, as well as entities endowed by the state with public administration functions that perform public administration functions and whose purpose is to ensure the interests of the state and society as a whole, and their activities carried out within the law. The principles of administrative and legal regulation of public administration in Ukraine and the concepts, principles of administrative and legal regulation of public administration have been studied. The author has found out that the essential features of public administration are: public administration is subordinated to political power (i.e., parliament, head of state); public administration ensures the implementation and application of laws (i.e., implements the political decisions of parliament); public administration acts (should act) in the public interest; public administration is endowed with the prerogatives of public authority (that is, powers that allow mandatory instructions to be given to individuals). While the system of central executive bodies consists of the ministries of Ukraine and other central executive bodies the system of central executive bodies is a component of the system of executive bodies, the highest body of which is the Cabinet of Ministers of Ukraine. The local state administration is a local executive body and is part of the system of executive bodies. The local state administration, within the limits of its powers, exercises executive power on the territory of the respective administrative-territorial unit, as well as exercises the powers delegated to it by the relevant council.

1. Dieci anni di cambiamenti all'insegna dell'ideologia sicuritaria2. Prioritŕ alle vittime e lotta contro la reiterazione dei reati sessuali3. La repressione della delinquenza minorile4. L'ampliamento delle ipotesi di reato e l'aggravamento delle pene5. Il rafforzamento delle prerogative dei servizi di polizia6. Le modifiche della detenzione provvisoria e della procedura d'istruzione7. Le rivoluzioni silenziose: una nuova filosofia del sistema penale8. La modernizzazione e la specializzazione della giustizia penale9. Le sollecitazioni contraddittorie della fase di esecuzione delle pene.

The need to relieve the Romanian judicial system from the large number of cases, coupled with the assignment of specific prerogatives to certain people, bodies or institutions regarding the settlement of certain disputes, has resulted in the extension of arbitration as a significant way of settling litigations of a private nature.This article presents some issues referring to arbitration in Romania, and then analyze, from the perspective of the New Romanian Code of Civil Procedure, the features of a settlement pronounced as a result of ad-hoc domestic-law arbitration, called arbitral decision, stressing elements of novelty and essential changes brought to it.

The position of applicants for judicial review has been drastically ameliorated by the new Order 53. It has removed all those disadvantages, particularly in relation to discovery, that were manifestly unfair to them and had, in many cases, made applications for prerogative orders an inadequate remedy if justice was to be done … Now that those disadvantages to applicants have been removed and all remedies for infringements of rights protected by public law can be obtained upon an application for judicial review, as can also remedies for infringements of rights under private law if such infringements should also be involved, it would in my view as a general rule be contrary to public policy, and as such an abuse of the process of the court, to permit a person seeking to establish that a decision of a public authority infringed rights to which he was entitled to protection under public law to proceed by way of an ordinary action and by this means to evade the provisions of Order 53 for the protection of such authorities.(per Lord Diplock in O'Reilly v. Mackman [1983] 2 A.C. 237 at 285)

The tax control practiced by the services of the general direction of the taxes is the ultimate guarantor of tax compliance. It aims to understand all breaches of tax and accounting legislation. Instead, it creates a sort of mistrust and reluctance due, first by the legal uncertainty of the texts governing the tax audit. And second, to the exorbitant prerogatives of auditors. The general direction of the taxes has adopted a new vision that shows the taxpayer as a true partner that should benefit from a number of safeguards, given the substantial powers of the Tax Administration favor to the introduction of the charter of the taxpayer. This document is very criticized by experts due to not bringing much to our tax legislation, except that it summarizes the various guarantees of the General Tax Code (GTC ), became mandatory handed , together with the notice of audit , on pain of the uselessness of the entire verification process.

During the thirteenth and fourteenth centuries, the manor courts of medieval England were evolving into formal legal bodies with written records and standard procedures. An important reason for this development was that lords needed to protect their prerogatives, which were endangered from above by the king's increasing authority expressed in the royal courts and common law, and from below by peasants who actively sought greater freedom. Lords met these challenges to their authority by altering the law and practice of the manor courts to reinforce the institution of villeinage. This is particularly true of the land law enforced in the manor courts.

The duty to justify judicial decisions is provided in art. 93, item IX, of the Federal Constitution of 1988, so that the judge must demonstrate the reasons that led him to proclaim a decision. Thus, the presentstudy intends to addressthe need for justification of judicial decisions, a requirement already enshrined in the Charter, which with the new civil procedural code, reaffirm this prerogative in the name of legal certainty. Based on bibliographical research, one can be concluded that the need for justification of judicial decisions, also foreseen in infraconstitutional legislation, is seen as one of the mechanisms to guarantee legal certainty,so that itseeks to confermore predictability and rationality.

This article purports to analyze the role conferred to the requesting State in domestic extradition procedures. Despite the existence of a judicial control over extradition, the majority of States included in this study continue to view extradition as a political prerogative of the executive and leave the requesting State with little or no means to defend its request. This article argues in favor of the consolidation of the role of judicial authorities in the determination of extradition requests, along with a reinforcement of the requesting State’s ability to participate in this process.

Mexicans during the early national era actively grappled with identifying, clarifying, and defining core republican political values, principles, and doctrines. Throughout the first federal republic (1824-1835), the central republic (1835-1846), the second federal republic (1846-1853), and into the years of the Revolution of Ayutla (1853-1855) and the Wars for Reform (1858-1861), defining and protecting individual rights, delimiting the rights and prerogatives of corporations and their members, and limiting the power of the state became the fundamental challenges Mexicans confronted as they endeavored to create a republican political society and their own republican political culture. As in many, if perhaps not all, countries in transition from a corporate model to a republican model, the issues polarized public opinion; and militant elements procured arms and pursued civil war, not just once but several times. Simultaneously, el pueblo mexicano actively clamored for justice. Because of that clamoring, jurists, litigants, legislators, and executives all came to recognize that colonial jurisprudence was no substitute for new and innovative republican jurisprudence. The men on the Mexican Supreme Court of Justice persistently counselled politicians that extant jurisprudence contained their competence and impeded them from administering justice when individuals, corporations, and local and national government officials sought protection from perceived wrongs. Significantly, in seeking protection from perceived wrongs, in seeking justice, el pueblo mexicano initiated defining those values, principles, and doctrines that ultimately could unify the society and mystify and mythicize the meaning of the nation.

AbstractThis paper examines the legality and limits of security detention in armed conflict situations. It particularly investigates the issues of whether the protection of national security is a legitimate ground to restrict the right to liberty of persons in situations of international or non-international armed conflict, and if so, what are the limits to a State's prerogative to restrict the right to liberty of individuals suspected of threatening its national security. On the basis of a thorough analysis of the relevant extant rules of international law regulating warfare, the paper concludes that security detention is permissible in armed conflict situations regardless of whether the nature of the conflict is international or non-international. However, the prerogative of a State to impose security detention is circumscribed by a plethora of fundamental substantive and procedural safeguards against arbitrariness that are provided in the different rules of international humanitarian law and international human rights law. These safeguards affirm that the search for absolute security is neither desirable nor attainable and that the mere invocation of security concerns does not grant an absolute power to restrict or suspend the liberty of individuals in armed conflict situations. Whenever it is imposed, security detention should be preventive in nature, and must aim at safeguarding the basic national security interests of a State from serious, future, direct and imminent threats related to the armed conflict situation. Detainees should also be able to challenge its legality before a competent organ at the initial or later stage of the detention through a system of periodic review.

Governments are increasingly using artificial intelligence to improve workflows and services. Applications range from predicting climate change, crime, and earthquakes to flu outbreaks, low air quality, and tax fraud. Artificial agents are already having an impact on eldercare, education, and open government, enabling users to complete procedures through a conversational interface. Whether replacing humans or assisting them, they are the technological fix of our times. In two experiments and a follow-up study, we investigate factors that influence the acceptance of artificial agents in positions of power, using attachment theory and disappointment theory as explanatory models. We found that when the state of the world provokes anxiety, citizens perceive artificial agents as a reliable proxy to replace human leaders. Moreover, people accept artificial agents as decision-makers in politics and security more willingly when they deem their leaders or government to be untrustworthy, disappointing, or immoral. Finally, we discuss these results with respect to theories of technology acceptance and the delegation of duties and prerogatives.

PurposeThe paper investigates the closure mechanisms and strategies of exclusion concerning the establishment and subsequent functioning of the Collegio dei Rasonati, the professional body of accountants that was established in Venice in 1581 and operated until the end of the 18th century.Design/methodology/approachThe research design offers a critical longitudinal explanation of the emergence of the Collegio dei Rasonati as a professional body in the context of Venetian society by relying on the social closure theory elaborated by Collins (1975); Parkin (1979) and Murphy (1988).FindingseThe Collegio dei Rasonati was established to overcome the prerogatives of a social class in accessing the accounting profession. However, the pre-existing professional elites enacted a set of social closure strategies able to transform this professional body into a stronghold of their privileges.Research limitations/implicationsAs virtually all of the evidence concerning the admission examinations has been lost over time, the investigation is restricted to the study of the few examples that have survived. The main implication of the study concerns the understanding of some dynamics leading to neutralize attempts to replace class privileges with a meritocratic system.Originality/valueThe research investigates the structure of the rules of social closure revealing the possibility of an antagonistic relationship between different co-existing forms of exclusion within the same structure. Moreover, it highlights that a form of exclusion can be made of different hierarchical levels.

This article outlines the difficulties which were felt to exist in the prerogative orders of certiorari, mandamus and prohibition in the United Kingdom, despite important developments which had taken place in their use. It describes in detail the recommendations of the Law Commission and the changes introduced both by Rules of Court and legislation. The former procedures are replaced by an application for judicial review, though the basis upon which relief is granted remains substantially the same. Recent cases show the way in which the new procedure has developed. Distinctions are drawn between the test to be applied on the application for leave and on the final hearing, and between the proceeding by way of judicial review to challenge the acts of public authorities and actions where purely private rights are claimed. This article shows the way in which the possibility of exceptions to this latter distinction has been established and suggests that the ambit of the new procedure is still in course of development.

The paper wants to highlight some accounting practices in the early stage of the adoption of accrual accounting in Higher Education Institutions. The accounting reform was one of the core aspects of a process of enforced hybridization of HE institutions. Exogenous and endogenous (organizational) issues emerge, that undermine transparency and comparability of accounting information. Based on structured interviews in 14 Italian universities, the paper provides evidences of the main aspects that hinder the transparency and the comparability of accounting information with the risk to deprive the new accounting rules of their potential for change. Resistance to change could be observed, resulting in a partial or distorted adoption of the new accounting rules: some practices, in particular, aimed at safeguarding the interests of a particular group. The paper propitiates further research based on case studies aiming at understanding how public organizations tend to design internal accounting procedures that preserve the prerogatives of particular groups within the organization. The research overturns the rhetoric of the adoption of managerial practices for the enhancement of efficiency, effectiveness and economy by showing how organizations shape these practices in order to keep the status quo unchanged.

The paper investigates the features of government control over public property based on hierarchical subordination of the participants of the property regulation.The paper deals with the property prerogatives of federal ministries, federal services and federal agencies based on the powers of the owner of items of federal immovable and movable property transferred to the competence of federal unitary and state enterprises under the authority of economic management and operational management. The author justifies the public dominance of the powers to use and dispose of property assigned to the control of federal unitary and state enterprises.Regulation based on the right of operational management is the main property power of the Federal Ministry as opposed to the right of economic management that always operates as its additional public property power, usually mediated by the function of normative regulation. The power of property regulation assigned to the competence of federal ministries does not affect exclusively the management of public immovable and movable property under the authority of the federal and regional executive bodies, but also the competence of administrative bodies of local government to administer municipal property. Unlike the property powers of federal ministries usually mediated by their exclusive regulatory functions, federal services in the areas of law enforcement are endowed with significant mandatory powers providing for the extrajudicial seizure of immovable property from the rightful owner (Federal Security Service, Rosgvardia, Federal Customs Service) who is an offender or a person suspected of committing an offense. In cases under consideration, exercising authority entails termination of the right of ownership in full or the establishment of extrajudicial legal restrictions in relation to the use and disposal of items of non-public immovable property.Municipal property regulation is conditioned solely in the context of whether it meats the needs of local government and, unlike state property regulation, does not pursue the purpose of ensuring national interests in the areas of economy, industry, administrative-political activity. The author has investigated the features of municipal unitary and state enterprises regulation on the basis of property powers transferred to them by an executive administrative municipal body. The paper has paid considerable attention to the delegation of state property powers to local governments, as well as ensuring financial self-sufficiency of municipalities.Municipal property regulation, based on the powers of economic management and operational management, is predetermined solely by hierarchical subordination of public entities property relations and is determined by the requirements of administrative legislation.Property regulation in federal cities endowed with the powers of the constituent entity of the Federation is based on the dominance of the state regulation and limitation of the powers of municipal bodies in terms of ownership, use and disposal of urban immovable property, movable property, financial assets.

The challenges encountered and discussions generated during the review process of the manuscripts submitted to the Variety Trials category of HortTechnology have revealed the need to review issues encountered during manuscript preparation and to provide flexible guidelines for authors and reviewers. Using a question/answer format, this manuscript discusses issues related to data collection and statistical methods available to compare varieties. Clear objectives and conclusions, adequate plot size, careful selection of entries, and sound statistical procedures are considered essential. Several additional factors (following standard production practices, using multiple seed sources, reporting analysis of variance table and mean square error, reporting multiyear/multilocation trials) are regarded as desirable, with different degrees of desirability, depending on the crop. These flexible guidelines should be viewed as recommendations for authors and reviewers rather than requirements. While defining the state-of-the-art in variety trialing is of interest to all those involved, it may be difficult to achieve when resources are limiting. It is ultimately the prerogative and responsibility of the author(s) to ensure that the work is scientifically sound.

As medicine continues to advance our understanding of and knowledge about the complex and multifactorial nature of cancer, new major technological challenges have emerged in the design of analytical methods capable of characterizing and assessing the dynamic heterogeneity of cancer for diagnosis, prognosis and monitoring, as required by precision medicine. With this aim, novel nanotechnological approaches have been pursued and developed for overcoming intrinsic and current limitations of conventional methods in terms of rapidity, sensitivity, multiplicity, non-invasive procedures and cost. Eminently, a special focus has been put on their implementation in liquid biopsy analysis. Among optical nanosensors, those based on surface-enhanced Raman scattering (SERS) have been attracting tremendous attention due to the combination of the intrinsic prerogatives of the technique (e.g., sensitivity and structural specificity) and the high degree of refinement in nano-manufacturing, which translate into reliable and robust real-life applications. In this review, we categorize the diverse strategic approaches of SERS biosensors for targeting different classes of tumor biomarkers (cells, nucleic acids and proteins) by illustrating key recent research works. We will also discuss the current limitations and future research challenges to be addressed to improve the competitiveness of SERS over other methodologies in cancer medicine.

AbstractContemporary music historians have shown how taxonomic divisions of humanity—constructed in earnest within European anthropologies and philosophies from the Enlightenment on—were reflected in eighteenth- and nineteenth-century theories of musical-cultural evolution, with complex and intellectualized art music forms always shown as transcending base and bodily rhythm, just as light skin supposedly transcended dark. The errors of old and now disreputable scholarly approaches have been given much attention. Yet scientifically oriented twenty-first-century studies of putatively Afro-diasporic and, especially, African American rhythmic practices seem often to stumble over similarly racialized fault lines, the relationship between “sensory” music, its “intelligent” comprehension, and its analysis still procedurally and politically fraught. Individual musical sympathies are undermined by methods and assumptions common to the field in which theorists operate. They operate, too, in North American and European university departments overwhelmingly populated by white scholars. And so this article draws upon and tests concepts from critical race and whiteness theory and asks whether, in taking “black rhythm” as its subject, some contemporary music studies reinscribe what the sociologists Tukufu Zuberi and Eduardo Bonilla-Silva have called “white logic”: a set of intellectual attitudes, prerogatives, and methods that, whatever the intentions of the musicologists concerned, might in some way restage those division practices now widely recognized as central to early musicology.

One of the key principles of the modern legal state (Rechtsstaat) is the right of all citizens to seek judicial protection against unlawful acts of government officials. It stems from the fundamental principle of the rule of law that asserts that all citizens, including state officials, are equal before the law and have the right to a fair trial. Within this legal framework a distinct field of law, “administrative justice,” governs public litigation against state officials. Its domain of jurisdiction reflects complex philosophical and legal distinctions between the public and private spheres in the modern state. As legal scholars and philosophers continuously redefine the boundary between the public and private spheres, the prerogatives of government officials over the rights of private citizens continue to evolve. The key questions in the debate are as follows. Should the state guarantee an undisputed precedence of citizens’ rights over administration or should it protect its officials from widespread litigation and therefore grant them a certain degree of immunity? Should ordinary courts and laws decide disputes between government officials and private individuals, or should the state provide separate norms, judges, and procedures for administrative litigation? Should punishment for misuse of administrative power be equal to that of the breach of civil or criminal laws? Who and to what extent should be made liable for any damages incurred through misuse of administrative power?

In this article we examine a particular aspect of the doctor-patient relationship — that of consent to treatment procedures — from three perspectives: ethics, sociology of medicine, and the Common Law. The legal deliberation and judgments are considered within the first two perspectives. Ethics provide us with ideal standards such as personal autonomy or the sanctity of life, whereas the sociological perspective focuses on the actuality of the doctor-patient relationship in terms of knowledge and mystification or power and dependence. In our analysis of the cases, including a spate of recent decisions, we note how the rhetoric of patient autonomy in the leading House of Lords cases has not followed through into the later crisis-handling judgments. We argue that the practical model for these decisions is not the rhetoric of autonomy but the prerogative jurisdiction of wardship: the infantilised patient. We argue that there is an aspect of professional collusion here between lawyers and doctors, which exemplifies much of the sociological literature as well as the individual constituted as subject, rather than citizen, in English jurisprudence. We suggest a number of reforms for the situation we have criticised.

The pivotal judgments on dismissals at the behest of a third party – East Rand Proprietary Mines Ltd v UPUSA, Lebowa Platinum Mines v Hill, NUMSA v Hendor Mining Supplies a Division of Marschalk Beleggings (Pty) Ltd, TSI Holdings (Pty) Ltd v NUMSA, NUPSAW obo Mani v National Lotteries Board and NUMSA v High Goal Investments t/a Chuma Security Services – deeply implicate discrimination in all its manifestations, accountability, gendered precariousness and social justice. This contribution explores the focal questions raised in recent times concerning the fairness of a dismissal at the instance of a third party. First, there are fundamental points relating to the constitutional and statutory protection of security of employment. Secondly, there are those familiar problems often associated with substantive and procedural fairness that surface here under the guise of questioning the disciplinary power of the employer. In this context, inroads into managerial prerogative and disciplinary procedure are amplified where there has been no fault on the part of the employee and no breakdown of the trust relationship, or where the employee has been disciplined, but not dismissed and the employer did not want to terminate the employee’s employment but was coerced by the third party to do so. Thirdly, there is the thorny issue of the reason behind the third-party demand and the related issue of intolerability caused by the targeted employee. And finally, there is the issue of striking in support of a demand for dismissal of a co-employee.

MicroRNAs (miRNAs) are short RNA sequences involved in posttranscriptional gene regulation. Their experimental analysis is complicated and, therefore, needs to be supplemented with computational miRNA detection. Currently computational miRNA detection is mainly performed using machine learning and in particular two-class classification. For machine learning, the miRNAs need to be parametrized and more than 700 features have been described. Positive training examples for machine learning are readily available, but negative data is hard to come by. Therefore, it seems prerogative to use one-class classification instead of two-class classification. Previously, we were able to almost reach two-class classification accuracy using one-class classifiers. In this work, we employ feature selection procedures in conjunction with one-class classification and show that there is up to 36% difference in accuracy among these feature selection methods. The best feature set allowed the training of a one-class classifier which achieved an average accuracy of ~95.6% thereby outperforming previous two-class-based plant miRNA detection approaches by about 0.5%. We believe that this can be improved upon in the future by rigorous filtering of the positive training examples and by improving current feature clustering algorithms to better target pre-miRNA feature selection.

The scuttlebutt is already churning out projections about what the post COVID-19 work environment might look like. While we get ‘old-school’ in tackling challenges, we may also want to consider getting ‘tech savvy’ in regards to oral health delivery via teledentistry for prior consultation ultimately decreasing footfall in OPDs. The COVID-19 outbreak serves as both a reminder and an opportunity to assist. This is an ever evolving dynamic situation, and recommendations discussed herein are based on the best currently available information. However, the decision of the treatment of patients still rests with the individual practitioner. The blanket instruction is to dodge all aerosol related procedures in dental setups. It’s dentist prerogative to install all fail-safes and perform restorative procedure requiring AGPs with all efforts to mitigate the risk of transmission of the SARS-Cov-2 virus and for minimal working times with the appropriate PPE and infection control protocols. Even when not using AGPs, it is important that robust infection control measures are employed as this isn’t a perfect world, and we’re still in the throes of a pandemic, making it imperative to cultivate the right mind-set within ourselves. The intent of the present review is to consider changes in the clinical oral and maxillofacial surgery and orthodontic workflow and, allow for a smoother transition, with less risk to our patients and healthcare personnel.

The Impact of Covid-19 on Society and Law: Selected Aspects of Polish and European Legislation In our research approach, we have focused on the negative influence of SARS-Cov-2 on European society and legislation. This topic concerns each one of us. The pandemic has become an enormous challenge for the legislator. We look at how recent regulations has been affecting functioning of society or respecting human rights, concluding that they were at risk with no sign of improvement. We discuss some key issues related to human rights and Polish legislation onCOVID-19, i.e. the Ordinance of the Minister of Health of 20 March 2020 or Regulations of the Council of Ministers of 31 March 2020. Those acts, for instance, included prohibitions on personal movement, with the exception of for the purpose of performing work and business tasks as well as satisfying necessary daily need, which was a major limitation of freedom. Closing most work places, in turn, violated second-generation human rights. We also mention the financial penalties and their unsuitability given other punishments for unlawful acts. In addition, we describe two ways of receiving fines, classified and characterised based on competent decision-making authorities. The new procedures entail extended prerogatives granted to the police. As result, the problem appears of interpretation of human rights as well as possible infringements of fundamental human rights. Our article contains a short description of difficulties related to the presidential election in the context of the coronavirus pandemic. To ensure a comprehensive analysis of therese arch problem, we have compared Polish legislation with legal solutions adopted by other counties.

The Impact of Covid-19 on Society and Law: Selected Aspects of Polish and European Legislation In our research approach, we have focused on the negative influence of SARS-Cov-2 on European society and legislation. This topic concerns each one of us. The pandemic has become an enormous challenge for the legislator. We look at how recent regulations has been affecting functioning of society or respecting human rights, concluding that they were at risk with no sign of improvement. We discuss some key issues related to human rights and Polish legislation onCOVID-19, i.e. the Ordinance of the Minister of Health of 20 March 2020 or Regulations of the Council of Ministers of 31 March 2020. Those acts, for instance, included prohibitions on personal movement, with the exception of for the purpose of performing work and business tasks as well as satisfying necessary daily need, which was a major limitation of freedom. Closing most work places, in turn, violated second-generation human rights. We also mention the financial penalties and their unsuitability given other punishments for unlawful acts. In addition, we describe two ways of receiving fines, classified and characterised based on competent decision-making authorities. The new procedures entail extended prerogatives granted to the police. As result, the problem appears of interpretation of human rights as well as possible infringements of fundamental human rights. Our article contains a short description of difficulties related to the presidential election in the context of the coronavirus pandemic. To ensure a comprehensive analysis of therese arch problem, we have compared Polish legislation with legal solutions adopted by other counties.

For more than a century discussions of the relationship between the operatic stage and the socio-political scene of the Risorgimento have relied almost exclusively on serious operas (particularly those of Giuseppe Verdi) and especially on the period after 1848. Roger Parker's recent revision of Verdi's ostensibly exclusive role as "Bard of the Risorgimento" provides an opportunity to reassess the politics of Italian opera during this period, considering also other composers and works. The purpose of this study is to discuss the interaction between opera and the Risorgimento in a group of comic works composed between the revolutions of 1831 and 1848, focusing in particular on the representation and implications of national identity in Luigi Ricci's Il nuovo Figaro(1832) and in two Italian versions of Donizetti's La Fille du rgiment (1840), as well as on the significance of military themes. Furthermore, relevant cases of censorship in these and other comic works are examined. These operas uncover numerous affinities with the political discourse in contemporary serious melodrama, showing that warlike themes, choruses, and other statements of patriotism were not a prerogative of Verdi's operas, nor an exclusive feature of the serious genre. Their authors used conventional buffa procedures, such as modern European settings and encoded allegories of national character, in ways that reveal connections with the tensions and aspirations of the Risorgimento. A better knowledge of this repertory can only improve our understanding of the politics of opera during this crucial period of Italian history.

Private correspondence between Rome and England in the fifteenth century is not unknown but is usually to be found among the business papers of proctors permanently resident at the Curia, such as William Swan and Thomas Hope. By contrast, the three letters printed below were written by an occasional visitor to Rome, charged with a specific errand. They tell us more about England than Italy, and more about the everyday concerns of a moderately successful clerical careerist than the procedures of the papal court, but they are unusual and valuable precisely for that reason. The author of these letters was Master Robert Thornton. A canon lawyer in the service of Archbishop Kempe, he began his career as an advocate in the prerogative court of York and, during the 1440s, established himself as one of the mainstays of the diocesan administration there: he acted as commissary-general to the court of York and official of the absentee archdeacon of York, besides serving on many ad hoc commissions. By the time these letters were written, Thornton's diligence in the archbishop's service had brought him several desirable benefices: already perpetual vicar of Silkstone (Yorkshire, West Riding), he became rector of Almondbury (Yorkshire, West Riding) in 1451 and was presented by William Bothe, Kempe'ssuccessor as archbishop, to a prebend at St. John's, Chester, in the following year. It was his membership of Kempe' familia that, indirectly, set him on the road to Rome. In May 1452 he was dispatched with a bundle of papers and sixteen marks in cash to pursue the claims of John Berningham, resident canon and treasurer of York, to the vacant deanery.

When the German Federal Constitutional Court pronounced itself on the constitutionality of the Treaty of Lisbon, its general reasoning on the character of the European Union sounded familiar. In its judgment, the Court recalls that the German Basic Law is a Europe-friendly constitution: its Preamble and its Article 23, regarding European integration, allow, and in fact prescribe, Germany's participation in the establishment of a united Europe. However, the Court also stresses the paramount position of the member states, their peoples, and their national parliaments in the institutional architecture of the EU. Already in its Maastricht Case, the Court had put an emphasis on institutional guarantees regarding the conditions under which sovereign competences may be conferred upon the EU from its constituent member states. The Lisbon Case builds upon the Maastricht doctrine, but now adds concrete instructions to the German legislature: whenever the EU institutions wish to apply certain strategic decisions under the Treaty of Lisbon, the German government may agree to them only after the two national legislative chambers, the German Federal Parliament (Bundestag) and the German Federal Council of States (Bundesrat), have given their prior approval. The national statute that regulates this must (and will) be changed accordingly before Germany may ratify the Treaty of Lisbon. The strategic decisions in question mainly concern what the Court considers to be, or at least potentially to be, de facto treaty amendment procedures by which EU institutions may dynamically expand their competences or change decision-making rules without having to resort to the regular ratification procedure for new treaties. The most prominent example is the so-called passerelle (or simplified treaty revision procedure), allowing the European Council unanimously, and with the European Parliament's assent, to introduce qualified majority voting and co-decision in areas where this does not yet apply. National parliaments are informed six months in advance and each of them may cast a binding veto, but ordinary positive ratification in all member states is not required. Also for the application of the flexibility clause, allowing for EU action to attain EU goals in the absence of a specific legal basis, the German Constitutional Court requires prior bicameral approval by the national legislature. The Court rejects the idea of future treaty amendment by tacit consent, because that would undermine the prerogatives of the national legislature and, essentially, German sovereign statehood. At the risk of sounding corny, we may therefore dub the Lisbon Case “Solange III,” after the two previous Solange Cases, and summarize it as follows: As long as (or, solange, in German) the European Union is not a federal state but comprises constituent member states, the people, through the national legislature, must consciously legitimize European integration step by step. The partially enhanced flexibility of future treaty reforms envisaged under the Treaty of Lisbon is, as far as Germany is concerned, undone. But what about the other member states? Where does the Lisbon case put Germany on the European map of parliamentary democracy? How do the ratification procedures on which the German Court insists compare with the procedures of national parliamentary oversight as they exist in the rest of the Union? The present article shall put the envisaged German procedures in a comparative perspective. But first it shall reflect on some of the main features of the judgment itself.

Emboldened by the Spitzenkandidaten process, the new European Commission emerges as the most political yet. The Commission asks EU citizens to judge its operation by its ability ‘to deliver solutions to the big issues that cannot be addressed by the Member States alone’. The Better Regulation Package translates this political commitment into an actionable approach assuring EU citizens that the Commission will remain ‘big on big things, small on small things’. To deliver on this promise, the Commission extends the Impact Assessment system, renews its consultation procedures and adds a few institutional mechanisms so as to enhance its ‘ability to deliver’ throughout the policy cycle. But in order to do so the Commission needs to bind – and somehow control – the European Parliament and the Council, on the one hand, and the Member States, on the other, in relation to their commitment to openness, participation and evidence-based policymaking. While legitimate, this attempt raises serious doubts about the compatibility of this reform with the principle of separation of powers and, in particular, that of institutional balance. A closer look at the Better Regulation Package reveals an entirely new understanding of the Commission's own prerogatives and the way it intends to exercise its legislative and regulatory powers. And this in spite of the apparent continuity between the new and old Better Regulation initiatives and the instruments it had chosen to attain the declared objectives. With a view to lay out a future research agenda on EU Better Regulation, this article identifies the most immediate questions raised by the publication of the Package and makes a first timid attempt at addressing some of them. It aims at determining how much better, if any, is the new Better Regulation Package. It does so by discussing, first, the major novelties enacted by the Commission within its own Better Regulation system and, second, those proposed in the framework of the IIA on Better Regulation.

The Higher Education Act is a long-awaited legal act. A number of uncompleted attempts to prepare it have been undertaken in the course of the last three years. So far without success. Having been and still being a matter of highest social priority, the renewed effort to create and subsequently to enact this act is welcome as a worthwhile and a highly productive endeavor. Welcome also are the main innovations offered by this act, particularly its conspicuous consistency with the Bologna Declaration and other internationally launched and accepted documents. The draft act follows the international documents tracing down the paths of the future development of the educational systems of the European countries and providing for their mutual compatibility. A number of other positive contributions of the draft act are singled out, such as introducing clear and rigorous criteria and procedures for accreditation and quality control, introducing a wide coverage of arts and sciences as a precondition for an institution of higher education to qualify as a university, flexibility in the regime of studying including the domestic and international mobility of the students and requirement for the schools of higher education to have large cores of permanently employed teaching staff. A much larger part of the paper is, however, devoted to critical commentaries. To begin with, the draft is produced without any participation of the private universities, which is seen as a form of discrimination. The organizational pattern of a university is laid out with insufficient clarity and the status of departments (faculties) is particularly short of precision and even contradictory. The draft seems to be laden with the old bias towards excessive and potentially disastrous centralization, drastically reducing the decision making capacity of the system. The treatment of the property of the departments (faculties) is found inconsistent and legally unfounded. Inconsistency is also revealed in a number of prerogatives of the university vis-a-vis its departments and vice versa.

The subject. The reorganization of the district police in Siberia in the second half of the XIX century is comprehensively examined in the article on the basis of pre-revolutionary legislation. Special attention is paid to the organizational and legal issues of the activities and structure of the district police.The purpose of the paper is to confirm or disprove hypothesis that the practice of implementing legislative innovations on the status of internal affairs bodies in Siberia in the 19th century was characterized by systematic seizures and violations.The theoretical and methodological basis of the study includes the principles of historical knowledge – objectivity, historicism, alternative and social approach. These principles let use an unbiased approach to the analysis of the studied problems, as well as a critical attitude to the sources.The main results and scope of their application. The author concludes that the powers of the police bodies in the region had their own specifics and were much broader than in the central provinces of the Russian Empire. Reorganization of the general police in Siberia in the second half of the XIX century changed the structure and method of staffing the Ministry of Internal Affairs. It was not principled, but rather external. Returning to the forgotten traditions of the organization and activities of the police, it is important to take full account of the historical experience that has been accumulated over the centuries. It is also necessary, taking into account modern realities, to take a fresh look at the already known facts and events in order to overcome old myths and misconceptions and prevent the birth of new ones.Conclusions. The police reform of 1867 in Siberia left almost unchanged the limits of power, the distribution of duties, procedures, responsibility and accountability of the general police. A large range of prerogatives remained for the police. In addition, many police officers continued to work the old-fashioned way, trying to ignore changes in the current legislation. The legislator failed to put the Siberian internal Affairs bodies in the strict framework of the law, it was recognized by local leaders and visiting auditors.

OBJECTIVE To analyze the access and utilization profile of biological medications for psoriasis provided by the judicial system in Brazil.METHODSThis is a cross-sectional study. We interviewed a total of 203 patients with psoriasis who were on biological medications obtained by the judicial system of the State of Sao Paulo, from 2004 to 2010. Sociodemographics, medical, and political-administrative characteristics were complemented with data obtained from dispensation orders that included biological medications to treat psoriasis and the legal actions involved. The data was analyzed using an electronic data base and shown as simple variable frequencies. The prescriptions contained in the lawsuits were analyzed according to legal provisions.RESULTS A total of 190 lawsuits requesting several biological drugs (adalimumab, efalizumab, etanercept, and infliximab) were analyzed. Patients obtained these medications as a result of injunctions (59.5%) or without having ever demanded biological medication from any health institution (86.2%), i.e., public or private health services. They used the prerogative of free legal aid (72.6%), even though they were represented by private lawyers (91.1%) and treated in private facilities (69.5%). Most of the patients used a biological medication for more than 13 months (66.0%), and some patients were undergoing treatment with this medication when interviewed (44.9%). Approximately one third of the patients discontinued treatment due to worsening of their illness (26.6%), adverse drug reactions (20.5%), lack of efficacy, or because the doctor discontinued this medication (13.8%). None of the analyzed medical prescriptions matched the legal prescribing requirements. Clinical monitoring results showed that 70.3% of the patients had not undergone laboratory examinations (blood work, liver and kidney function tests) for treatment control purposes.CONCLUSIONS The plaintiffs resorted to legal action to get access to biological medications because they were either unaware or had difficulty in accessing them through institutional public health system procedures. Access by means of legal action facilitated long-term use of this type of medication through irregular prescriptions and led to a high rate of adverse drug reactions as well as inappropriate clinical monitoring.

The article reveals the description experience of practical work for junior schoolchildren educating culture of mental work. The cornerstone of any educational concept is the idea of ​​intellectual development of the pupil who finds ways to solve it in different methods, technologies, didactic and educational models. Traditionally, the intellectual development of the student is considered to be the prerogative of didactics. Meanwhile, without mental education it is impossible to form a proper level of intelligence of a child, because didactics equips the individual with applied tools for learning about the world, and successful use of knowledge, skills, abilities and competencies in everyday life is impossible without emotional experience, reflection on personal achievements and development. That helps in organizing, regulating human activities in the world. Modern pedagogical science has an integrated approach in defining the concept of learning ability - it combines the personal characteristics of the student with the semantic and procedural basis of learning and is interpreted as a regulatory universal learning action, mastery of which ensures success in cognitive activity at all stages and levels of education. In a wider context, universal learning activities are considered to be as the ability of the individual to self-development and self-improvement through conscious and active assimilation of social experience. In this sense, they can be correlated with the concept of "culture of mental work", which means a quality that is manifested not only in education but also in other activities – such as playing and working. The purpose of forming a culture of mental work is to develop the child's readiness to implement various activities in society and the biological environment and the formation of a holistic picture of the world, which is constantly recognized and enriched with new intellectual and emotional aspects of meaning. Methodical aspects of mental work culture formation of the younger schoolchildren discover forms of the organization of educational activity of pupils; selection of exercises and tasks that help the child to understand the purpose of each intellectual operation, to comprehend it and integrate it into a holistic system of operations and to master the algorithm of action; development by schoolchildren of own algorithms of educational actions. Such exercises include reflexive tasks, solving puzzles, composing short texts with explanations, establishing analogies, composing riddles and crossword puzzles, problem tasks

Introduction. The transition to the program budget in the public finance sector, the strengthening of the fight against corruption and offenses in the budget sphere attach particular importance to the problems of improving the management of financial resources. In this regard, the problem of efficient formation and spending of budgetary funds is relevant. Purpose.The purpose of the article is to reveal the essence of the state financial control in the budget sphere and develop practical proposals for its development. Results.The main problems of the state financial control in Ukraine should include: the fiscal nature of the overwhelming majority of control procedures; absence of system control, where the main is further control, and the procedures of preliminary and ongoing control are rather weak and unregulated; not awareness of the importance of internal financial control both in the system of management of public finances and managers of enterprises, institutions, organizations; the low level of effectiveness of the administrative penalty mechanism, when the amount of the fine for misuse or illegal use of budget funds is considerably less than the amount of budget funds that the state loses due to abuse of officials and can not provide full compensation for these losses; growth of financial irregularities in the use of budget funds; unregulated activity and cross-section of the functions of the subjects of financial control; weak interaction between externaland internal control bodies. The formation of the mechanism for its implementation should be based on a set of principles that reflect the main properties of the system being created in the scientific, methodological, legal and organizational aspects. It is this hierarchy of structuring that is justified and rational. The group of scientific and methodological principles include the following: systemic, complexity, purposefulness, continuity. The set of legal principles includes: legality, unity, prerogative of national interests. Our organizational principles include: parity, objectivity and competence, budget efficiency, preventive, interaction between public authorities and local self-government. In the process of forming a mechanism for the implementation of financial control must take into account its dual economic orientation. First, it must ensure the rational use of financial resources, which is expressed in minimizing budget expenditures. Secondly, the effectiveness of control activities manifests itself in the strictly targeted use of state resources with high economic efficiency of the corresponding investments. Thus, the criterion for evaluating the rationality of the implementation of financial control is the quantitatively expressed correlation between the target consumption of public funds and the stable replenishment of budgetary resources. Conclusion. The current practice of conducting financial audits confirms the existence of complex problems in the budget sphere. The following typical violations such as non-targeted, unlawful and inefficient spending of public funds are fairly common. At present, in the arsenal of controlling bodies, largely outdated forms and methods of audits and audits prevail. Their focus is mainly on identifying the facts of violations, and not the reasons for their occurrence, which does not contribute to successfully overcoming the disadvantages of using budget funds. A transition to a higher level of quality control and revision work with the use of modern instruments of monitoring and auditing, achievements of domestic and foreign economic science is necessary. Continuing scientific research, it is advisable to focus on the mechanisms of using new approaches to the management of the system of state financial control bodies as a practical tool for ensuring the efficiency of spending budget funds.

The judicial system of commercial (arbitration) courts of Ukraine has undergone a difficult path of formation and approval. An active process of creating the system of arbitration courts in Ukraine began in 1991, with the adoption by the Verkhovna Rada of Ukraine of the Law of Ukraine ‘On the Arbitration Court’. This law defined the prerogatives of the arbitration court as one of the branches of the judiciary designed to administer justice in commercial relations. The main peculiarity of the arbitration court as a part of the judiciary was its specialization. Today we are the witnesses of the final stage of the reform of commercial courts and commercial justice as a whole within the adoption of the Law of Ukraine ‘On the Judiciary and Status of Judges’ in 2016. Within current judicial reform in Ukraine, not only the organization of the courts itself, but also the procedure for reviewing commercial cases has changed. The main novels of commercial justice, analysed in this paper, are the following: reflection of the main purpose of the CPC and the basic principles, among which there are new ones: proportionality and case management; more complete implementation of the principles of publicity and openness, etc.; introduction of electronic justice; differentiation of proceedings; determining the written statements of the participants of the case and the written form of the proceedings; improvement of the procedure of proof in the case, as well as distribution of court costs in the case, taking into account the main elements of case management and the need to ensure the principle of cooperation between the court and the parties in the case; as well as the prevention of confusion with procedural rights in the process and the settlement of a dispute with the participation of a judge. Keywords: commercial justice, main purpose of the CPC, proportionality, case management, publicity and openness

Despite judicial pronouncements that the source of government power, whether statutory or prerogative, should not affect judicial review, Canadian courts respond much more tentatively when asked to review exercises of prerogative powers than exercises of statutory powers. Courts (1) define prerogative powers in a way that makes it difficult to precisely articulate their existence and scope; (2) frequently avoid judicially reviewing exercises of prerogative powers by applying peculiar justiciability tests; and (3) when they do engage in judicial review, generally limit themselves to a conservative form of procedural review. This article proposes that courts reform judicial review of the exercise of prerogative powers by (1) adopting a principled approach to defining prerogative powers that starts with distinguishing the Crown’s prerogative powers from its natural person powers; (2) abandoning peculiar interest-based and subject matter justiciability tests in favour of a test that turns on the nature of the question, and maintaining a subject matter justiciability test only for exercises of prerogative powers that are integral to the democratic process; and (3) applying standard principles of administrative law to judicial review of the existence, scope, and exercise of prerogative powers.

IMPLEMENTAÇÃO DO PROCESSO ELETRÔNICO NA JUSTIÇA ESTADUAL NO RIO GRANDE DO SUL: UMA POLÍTICA PÚBLICA PARA GARANTIR A RAZOÁVEL DURAÇÃO DO PROCESSO IMPLEMENTATION OF THE ELECTRONIC PROCEEDINGS IN THE STATE JUSTICE OF RIO GRANDE DO SUL: A PUBLIC POLICY TO ENSURE THE REASONABLE LENGTH OF PROCEEDINGS Angelica Denise Klein*Fabiana Marion Spengler** RESUMO: O acesso à justiça e a busca pela razoável duração processual são princípios que primam pela efetiva prestação jurisdicional. A inserção do inciso LXXVIII no elenco de direitos e garantias individuais (artigo 5º, CFB) visou, desde o início, a assegurar a razoável duração dos processos, tanto na via administrativa quanto judicial. A partir de então, o Poder Judiciário inseriu alguns sistemas, dentre eles, a informatização do processo judicial, adotando-se procedimentos burocráticos mais céleres, econômicos e eficientes. Assim, a pesquisa versará sobre a análise do processo eletrônico no âmbito da justiça estadual do Rio Grande do Sul como possibilidade de assegurar a razoável duração do processo. Nesse sentido, o problema incide em verificar se a implementação do processo eletrônico no âmbito da justiça estadual aprimoraria o tempo do processo, ensejando a prestação jurisdicional dentro de um tempo exequível. O objetivo de trabalhar tal problema foi estabelecido a partir da análise do relatório do governo brasileiro chamado Justiça em Números, o qual trouxe dados estatísticos do tempo despendido entre o ajuizamento e a sentença, um tempo processual que torna a justiça morosa e deficitária. A justificativa para pesquisar tal problema é a crescente projeção da informatização dos processos judiciais que visam reduzir a distância entre as partes e o processo, aproximando-o, não se dispensando, contudo, as prerrogativas e os princípios constitucionais. O método empregado é o indutivo, pois parte da análise dos dados da Justiça em Números, perfectibilizando-se na pesquisa bibliográfica, de forma predominante, e documental, com referências à legislação federal. PALAVRAS-CHAVE: Razoável duração do processo. Processo eletrônico. Justiça Estadual do Rio Grande do Sul. Justiça Estadual. Justiça em Números. ABSTRACT: Access to justice and the pursuit of reasonable duration are procedural principles that strive for effective adjudication. The insertion of section LXXVIII in the cast of individual rights and guarantees (Article 5 of the Brazilian Constitution) aimed, from the beginning, to ensure the reasonable length of proceedings, both in the judicial and administrative spheres. Since then, the Judiciary inserted some systems, including the computerization of the judicial process, adopting faster, more economical and more efficient bureaucratic proceedings. Thus, the research will focus on the analysis of the electronic procedure in the state court of Rio Grande do Sul as a possibility to ensure the reasonable length of the proceedings. In this sense, the problem focuses on checking if the implementation of the electronic proceedings in the state court would improve the proceedings time, allowing for the adjudication within a feasible time. The aim of working on such problem was established from the analysis of the Brazilian government’s report called Justiça em Números, which brought statistics of the time spent between the filing of the action and the judgment, a procedural time which makes justice slow and deficient. The justification for researching such problem is the growing projection of computerization of legal proceedings, which aim at reducing the distance between the parts and the procedure, bringing it closer to them, without throwing away, however, the prerogatives and constitutional principles. The method employed is the inductive one, since it begins with the analysis of the data of Justiça em Números, improving it with bibliographic research, the predominant form, and documentary research, with references to the federal legislation. KEYWORDS: Reasonable length of proceedings. Electronic proceedings. State Justice of Rio Grande do Sul. State Justice. Justiça em Números (Justice in Numbers). * Mestranda do Programa de Pós-graduação Stricto Sensu em Direito pela Universidade de Santa Cruz do Sul (UNISC). Membro do Grupo de Pesquisa CNPq “Políticas Públicas no Tratamento dos Conflitos”.** Docente dos cursos de Graduação e Pós Graduação da UNISC e UNIJUI. Pós-doutora em Direito pela Università degli Studi di Roma Tre, Itália, e Doutora em Direito pela Universidade do Vale do Rio dos Sinos (UNISINOS).

In the European Union, states can distribute enforcement prerogatives between a supranational agency, over which they exercise equal influence, and a Council of ministers, where power resources mostly vary by country size. What shapes attitudes towards different enforcement designs? States at greater risk of noncompliance should eschew deeper cooperation and prefer procedures over which they can exercise more influence. Employing an original data set of positions on relevant contested issues during the negotiations over fiscal governance rules from 1997 to 2012, we show that governments at greater risk of noncompliance prefer greater discretion and, if they have higher voting power, more Council involvement in enforcement. These factors only partially explain positions on Commission empowerment. Given their greater indeterminacy, attitudes are also shaped by national public opinion.

Large scale agricultural activities in Kenya include maize growing. Farmers plant different varieties of the species Zea mays. Though seed companies provide seeds based on altitudes, maturing periods and yield predictability, it remains the prerogative of the farmer to make choice. Yields from small scale farms are declining at every harvest despite Governments efforts to provide fertilizers at subsidized prices. Though soil acidity levels could be an accounting factor, the maize varieties planted differ in the amounts of macronutrients they remove from soils and yet next seasons’ fertilizer application is uniform. The study sought to determine and compare levels nitrogen, phosphorous, potassium and calcium in stover of maize varieties grown in Lugari, western Kenya. This was with view to inform on macronutrient removal by the different maize varieties. It too was to enable farmers speculate on the possible methods of biomass disposal for some of the methods like burning the stover either as fuel or clearance ignores the need to have an approach that would enable recycling and certainly depletes the soil. Stratified random sampling of both cobs and stalks from farmers in Lugari, western Kenya was done. The samples were dried, milled before wet digestion. The digests were subjected to laboratory analysis using standard AOAC procedures viz avis nitrogen (Kjeldahl’s method), phosphorous (Ascorbic acid method) and both potassium and calcium (Flame photometry) to establish levels of macronutrients. It was established that maize stalks of any given variety had higher levels macronutrients compared to cobs of the same variety. It was too observed that for both stalks and cobs there was significant differences (p< 0.05) between varieties in all macronutrients except phosphorous. The stover from varieties DK, H6213, H614 and pioneer had significantly higher levels than varieties H500, H505, H513 and oduma. It is hoped that the results of this study not only informs of levels of macronutrients retained by the maize stover but also provides basis for sensitization on method of biomass disposal to minimize soil degradation.

Introduction Mentors play a role in real life, just as they do in fiction. They also feature in reality television, which sits somewhere between the two. In fiction, mentors contribute to the narrative arc by providing guidance and assistance (Vogler 12) to a mentee in his or her life or professional pursuits. These exchanges are usually characterized by reciprocity, the need for mutual recognition (Gadamer 353) and involve some kind of moral question. They dramatise the possibilities of mentoring in reality, to provide us with a greater understanding of the world, and our human interaction within it. Reality television offers a different perspective. Like drama it uses the plot device of a mentor character to heighten the story arc, but instead of focusing on knowledge-based portrayals (Gadamer 112) of the mentor and mentee, the emphasis is instead on the mentee’s quest for ascension. In attempting to transcend their unknownness (Boorstin) contestants aim to penetrate an exclusive creative class (Florida). Populated by celebrity chefs, businessmen, entertainers, fashionistas, models, socialites and talent judges (to name a few), this class seemingly adds authenticity to ‘competitions’ and other formats. While the mentor’s role, on the surface, is to provide divine knowledge and facilitate the journey, a different agenda is evident in the ways carefully scripted (Booth) dialogue heightens the drama through effusive praise (New York Daily News) and “tactless” (Woodward), humiliating (Hirschorn; Winant 69; Woodward) and cruel sentiments. From a screen narrative point of view, this takes reality television as ‘storytelling’ (Aggarwal; Day; Hirschorn; “Reality Writer”; Rupel; Stradal) into very different territory. The contrived and later edited (Crouch; Papacharissi and Mendelson 367) communication between mentor and mentee not only renders the relationship disingenuous, it compounds the primary ethical concerns of associated Schadenfreude (Balasubramanian, Forstie and van den Scott 434; Cartwright), and the severe financial inequality (Andrejevic) underpinning a multi-billion dollar industry (Hamilton). As upward mobility and instability continue to be ubiquitously portrayed in 21st century reality entertainment under neoliberalism (Sender 4; Winant 67), it is with increasing frequency that we are seeing the systematic reinvention of the once significant cultural and historical role of the mentor. Mentor as Fictional Archetype and Communicator of ThemesDepictions of mentors can be found across the Western art canon. From the mythological characters of Telemachus’ Athena and Achilles’ Chiron, to King Arthur’s Merlin, Cinderella’s Fairy Godmother, Jim Hawkins’ Long John Silver, Frodo’s Gandalf, Batman’s Alfred and Marty McFly’s Doc Emmett Brown (among many more), the dramatic energy of the teacher, expert or supernatural aid (Vogler 39) has been timelessly powerful. Heroes, typically, engage with a mentor as part of their journey. Mentor types range extensively, from those who provide motivation, inspiration, training or gifts (Vogler), to those who may be dark or malevolent, or have fallen from grace (such as Michael Douglas’ Gordon Gekko in Wall Street 1987, or the ex-tribute Haymitch in The Hunger Games, 2012). A good drama usually complicates the relationship in some way, exploring initial reluctance from either party, or instances of tragedy (Vogler 11, 44) which may prevent the relationship achieving its potential. The intriguing twist of a fallen or malevolent mentor additionally invites the audience to morally analyze the ways the hero responds to what the mentor provides, and to question what our teachers or superiors tell us. In television particularly, long running series such as Mad Men have shown how a mentoring relationship can change over time, where “non-rational” characters (Buzzanell and D’Enbeau 707) do not necessarily maintain reciprocity or equality (703) but become subject to intimate, ambivalent and erotic aspects.As the mentor in fiction has deep cultural roots for audiences today, it is no wonder they are used, in a variety of archetypal capacities, in reality television. The dark Simon Cowell (of Pop Idol, American Idol, Britain’s Got Talent, America’s Got Talent and The X-Factor series) and the ‘villainous’ (Byrnes) Michelin-starred Marco Pierre White (Hell’s Kitchen, The Chopping Block, Marco Pierre White’s Kitchen Wars, MasterChef Australia, New Zealand, South Africa) provide reality writers with much needed antagonism (Rupel, Stradal). Those who have fallen from grace, or allowed their personal lives to play out in tabloid sagas such as Britney Spears (Marikar), or Caitlyn Jenner (Bissinger) provide different sources of conflict and intrigue. They are then counterbalanced with or repackaged as the good mentor. Examples of the nurturer who shows "compassion and empathy" include American Idol’s Paula Abdul (Marche), or the supportive Jennifer Hawkins in Next Top Model (Thompson). These distinctive characters help audiences to understand the ‘reality’ as a story (Crouch; Rupel; Stradal). But when we consider the great mentors of screen fiction, it becomes clear how reality television has changed the nature of story. The Karate Kid I (1984) and Good Will Hunting (1998) are two examples where mentoring is almost the exclusive focus, and where the experience of the characters differs greatly. In both films an initially reluctant mentor becomes deeply involved in the mentee’s project. They act as a special companion to the hero in the face of isolation, and, significantly, reveal a tragedy of their own, providing a nexus through which the mentee can access a deeper kind of truth. Not only are they flawed and ordinary people (they are not celebrities within the imagined worlds of the stories) who the mentee must challenge and learn to truly respect, they are “effecting and important” (Maslin) in reminding audiences of those hidden idiosyncrasies that open the barriers to friendship. Mentors in these stories, and many others, communicate themes of class, culture, talent, jealousy, love and loss which inform ideas about the ethical treatment of the ‘other’ (Gadamer). They ultimately prove pivotal to self worth, human confidence and growth. Very little of this thematic substance survives in reality television (see comparison of plots and contrasting modes of human engagement in the example of The Office and Dirty Jobs, Winant 70). Archetypally identifiable as they may be, mean judges and empathetic supermodels as characters are concerned mostly with the embodiment of perfection. They are flawless, untouchable and indeed most powerful when human welfare is at stake, and when the mentee before them faces isolation (see promise to a future ‘Rihanna’, X-Factor USA, Season 2, Episode 1 and Tyra Banks’ Next Top Model tirade at a contestant who had not lived up to her potential, West). If connecting with a mentor in fiction has long signified the importance of understanding of the past, of handing down tradition (Gadamer 354), and of our fascination with the elder, wiser other, then we can see a fundamental shift in narrative representation of mentors in reality television stories. In the past, as we have opened our hearts to such characters, as a facilitator to or companion of the hero, we have rehearsed a sacred respect for the knowledge and fulfillment mentors can provide. In reality television the ‘drama’ may evoke a fleeting rush of excitement at the hero’s success or failure, but the reality belies a pronounced distancing between mentor and mentee. The Creative Class: An Aspirational ParadigmThemes of ascension and potential fulfillment are also central to modern creativity discourse (Runco; Runco 672; United Nations). Seen as the driving force of the 21st century, creativity is now understood as much more than art, capable of bringing economic prosperity (United Nations) and social cohesion to its acme (United Nations xxiii). At the upper end of creative practice, is what Florida called “the creative class: a fast growing, highly educated, and well-paid segment of the workforce” (on whose expertise corporate profits depend), in industries ranging “from technology to entertainment, journalism to finance, high-end manufacturing to the arts” (Florida). Their common ethos is centered on individuality, diversity, and merit; eclipsing previous systems focused on ‘shopping’ and theme park consumerism and social conservatism (Eisinger). While doubts have since been raised about the size (Eisinger) and financial practices (Krätke 838) of the creative class (particularly in America), from an entertainment perspective at least, the class can be seen in full action. Extending to rich housewives, celebrity teen mothers and even eccentric duck hunters and swamp people, the creative class has caught up to the more traditional ‘star’ actor or music artist, and is increasingly marketable within world’s most sought after and expensive media spaces. Often reality celebrities make their mark for being the most outrageous, the cruelest (Peyser), or the weirdest (Gallagher; Peyser) personalities in the spotlight. Aspiring to the creative class thus, is a very public affair in television. Willing participants scamper for positions on shows, particularly those with long running, heavyweight titles such as Big Brother, The Bachelor, Survivor and the Idol series (Hill 35). The better known formats provide high visibility, with the opportunity to perform in front of millions around the globe (Frere-Jones, Day). Tapping into the deeply ingrained upward-mobility rhetoric of America, and of Western society, shows are aided in large part by 24-hour news, social media, the proliferation of celebrity gossip and the successful correlation between pop culture and an entertainment-style democratic ideal. As some have noted, dramatized reality is closely tied to the rise of individualization, and trans-national capitalism (Darling-Wolf 127). Its creative dynamism indeed delivers multi-lateral benefits: audiences believe the road to fame and fortune is always just within reach, consumerism thrives, and, politically, themes of liberty, egalitarianism and freedom ‘provide a cushioning comfort’ (Peyser; Pinter) from the domestic and international ills that would otherwise dispel such optimism. As the trials and tests within the reality genre heighten the seriousness of, and excitement about ascending toward the creative elite, show creators reproduce the same upward-mobility themed narrative across formats all over the world. The artifice is further supported by the festival-like (Grodin 46) symbology of the live audience, mass viewership and the online voting community, which in economic terms, speaks to the creative power of the material. Whether through careful manipulation of extra media space, ‘game strategy’, or other devices, those who break through are even more idolized for the achievement of metamorphosing into a creative hero. For the creative elite however, who wins ‘doesn’t matter much’. Vertical integration is the priority, where the process of making contestants famous is as lucrative as the profits they will earn thereafter; it’s a form of “one-stop shopping” as the makers of Idol put it according to Frere-Jones. Furthermore, as Florida’s measures and indicators suggested, the geographically mobile new creative class is driven by lifestyle values, recreation, participatory culture and diversity. Reality shows are the embodiment this idea of creativity, taking us beyond stale police procedural dramas (Hirschorn) and racially typecast family sitcoms, into a world of possibility. From a social equality perspective, while there has been a notable rise in gay and transgender visibility (Gamson) and stories about lower socio-economic groups – fast food workers and machinists for example – are told in a way they never were before, the extent to which shows actually unhinge traditional power structures is, as scholars have noted (Andrejevic and Colby 197; Schroeder) open to question. As boundaries are nonetheless crossed in the age of neoliberal creativity, the aspirational paradigm of joining a new elite in real life is as potent as ever. Reality Television’s Mentors: How to Understand Their ‘Role’Reality television narratives rely heavily on the juxtaposition between celebrity glamour and comfort, and financial instability. As mentees put it ‘all on the line’, storylines about personal suffering are hyped and molded for maximum emotional impact. In the best case scenarios mentors such as Caitlyn Jenner will help a trans mentee discover their true self by directing them in a celebrity-style photo shoot (see episode featuring Caitlyn and Zeam, Logo TV 2015). In more extreme cases the focus will be on an adopted contestant’s hopes that his birth mother will hear him sing (The X Factor USA, Season 2, Episode 11 Part 1), or on a postal clerk’s fear that elimination will mean she has to go back “to selling stamps” (The X Factor US - Season 2 Episode 11 Part 2). In the entrepreneurship format, as Woodward pointed out, it is not ‘help’ that mentees are given, but condescension. “I have to tell you, my friend, that this is the worst idea I’ve ever heard. You don’t have a clue about how to set up a business or market a product,” Woodward noted as the feedback given by one elite businessman on The Shark Tank (Woodward). “This is a five million dollar contract and I have to know that you can go the distance” (The X Factor US – Season 2 Episode 11, Part 1) Britney Spears warned to a thirteen-year-old contestant before accepting her as part of her team. In each instance the fictitious premise of being either an ‘enabler’ or destroyer of dreams is replayed and slightly adapted for ongoing consumer interest. This lack of shared experience and mutual recognition in reality television also highlights the overt, yet rarely analyzed focus on the wealth of mentors as contrasted with their unstable mentees. In the respective cases of The X Factor and I Am Cait, one of the wealthiest moguls in entertainment, Cowell, reportedly contracts mentors for up to $15 million per season (Nair); Jenner’s performance in I Am Cait was also set to significantly boost the Kardashian empire (reportedly already worth $300 million, Pavia). In both series, significant screen time has been dedicated to showing the mentors in luxurious beachside houses, where mentees may visit. Despite the important social messages embedded in Caitlyn’s story (which no doubt nourishes the Kardashian family’s generally more ersatz material), the question, from a moral point of view becomes: would these mentors still interact with that particular mentee without the money? Regardless, reality participants insist they are fulfilling their dreams when they appear. Despite the preplanning, possibility of distress (Australia Network News; Bleasby) and even suicide (Schuster), as well as the ferocity of opinion surrounding shows (Marche) the parade of a type of ‘road of trials’ (Vogler 189) is enough to keep a huge fan base interested, and hungry for their turn to experience the fortune of being touched by the creative elite; or in narrative terms, a supernatural aid. ConclusionThe key differences between reality television and artistic narrative portrayals of mentors can be found in the use of archetypes for narrative conflict and resolution, in the ways themes are explored and the ways dialogue is put to use, and in the focus on and visibility of material wealth (Frere-Jones; Peyser). These differences highlight the political, cultural and social implications of exchanging stories about potential fulfillment, for stories about ascension to the creative class. Rather than being based on genuine reciprocity, and understanding of human issues, reality shows create drama around the desperation to penetrate the inner sanctum of celebrity fame and fortune. In fiction we see themes based on becoming famous, on gender transformation, and wealth acquisition, such as in the films and series Almost Famous (2000), The Bill Silvers Show (1955-1959), Filthy Rich (1982-1983), and Tootsie (1982), but these stories at least attempt to address a moral question. Critically, in an artistic - rather than commercial context – the actors (who may play mentees) are not at risk of exploitation (Australia Network News; Bleasby; Crouch). Where actors are paid and recognized creatively for their contribution to an artistic work (Rupel), the mentee in reality television has no involvement in the ways action may be set up for maximum voyeuristic enjoyment, or manipulated to enhance scandalous and salacious content which will return show and media profits (“Reality Show Fights”; Skeggs and Wood 64). The emphasis, ironically, from a reality production point of view, is wholly on making the audience believe (Papacharissi and Mendelson 367) that the content is realistic. This perhaps gives some insight as to why themes of personal suffering and instability are increasingly evident across formats.On an ethical level, unlike the knowledge transferred through complex television plots, or in coming of age films (as cited above) about the ways tradition is handed down, and the ways true mentors provide altruistic help in human experience; in reality television we take away the knowledge that life, under neoliberalism, is most remarkable when one is handpicked to undertake a televised journey featuring their desire for upward mobility. The value of the mentoring in these cases is directly proportionate to the financial objectives of the creative elite.ReferencesAggarwal, Sirpa. “WWE, A&E Networks, and Simplynew Share Benefits of White-Label Social TV Solutions at the Social TV Summit.” Arktan 25 July 2012. 1 August 2014 <http://arktan.com/wwe-ae-networks-and-simplynew-share-benefits-of-white-label-social-tv-solutions-at-the-social-tv-summit/>. 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