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1
van den Engel, Freek. "Illegal Restriction of Competition by Courier-Services: Is The Netherlands Liable?" Leiden Journal of International Law 3, no. 1 (April 1990): 73–80. http://dx.doi.org/10.1017/s0922156500003800.
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A current legal development that has certainly attracted public attention (at least in the Netherlands) is the Decision of the European Commission “concerning the provision in the Netherlands of express delivery services”.
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ten Have, Henk A. M. J. "Choosing core health services in the Netherlands." Health Care Analysis 1, no. 1 (June 1993): 43–47. http://dx.doi.org/10.1007/bf02196969.
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Antonovich, E. K. "Electronic criminal justice in the Netherlands: modern condition and prospects." Courier of Kutafin Moscow State Law University (MSAL)), no. 10 (December 22, 2020): 136–49. http://dx.doi.org/10.17803/2311-5998.2020.74.10.136-149.
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The digitalization of various spheres of modern life is becoming more and more discussed. Various approaches are analyzed in the legal literature. Many countries are seeking to radically improve their legal procedures through the use of information technology. In this regard, of particular interest is the experience of those states that effectively use digitalization in various industries.The Netherlands is among the world leaders in digitalization. The Netherlands managed to get one of the leading positions in this area thanks to the implemented policy related to the transfer of government communications in electronic form, ensuring interoperability, confidentiality and reliability of electronic services, and opening access to government information. Occupying one of the leading places among European states leading an effective fight against computer crimes, the Netherlands is constantly improving its criminal and criminal procedure legislation. In this regard, the experience of the Netherlands is of particular interest.
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van Dijck, José, and Bart Jacobs. "Electronic identity services as sociotechnical and political-economic constructs." New Media & Society 22, no. 5 (September 9, 2019): 896–914. http://dx.doi.org/10.1177/1461444819872537.
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Electronic identification services (eIDs) have become strategic services in the global governance of online societies. In this article, we argue that eIDs are sociotechnical constructs that also have political-economic dimensions. In the European context, governmental and corporate efforts to develop eIDs are shaped by legal EU frameworks, which are almost exclusively focussed on technical and legal interoperability, such as the European Interoperability Framework (EIF) and the European Interoperability Reference Architecture (EIRA). Public concerns such as privacy, security, user empowerment and control over one’s personal information prompts developers to propose a decentralized, attribute-based system governed on a nonprofit, nonstate basis (DAN-eID). To illustrate our argument, we explore a single emerging eID system (IRMA; acronym for I Reveal My Attributes) that is developing in a national context (The Netherlands). We argue that developing eIDs requires more than engineering ingenuity and legal compliance; as sociotechnical and political-economic constructs, they involve negotiation of conflicting social and political values.
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Bos, Michael. "HEALTH TECHNOLOGY ASSESSMENT IN THE NETHERLANDS." International Journal of Technology Assessment in Health Care 16, no. 2 (April 2000): 485–519. http://dx.doi.org/10.1017/s0266462300101126.
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The Dutch healthcare system is not a single overall plan, but has evolved from a constantly changing mix of institutions, regulations, and responsibilities. The resulting system provides high-quality care with reasonable efficiency and equal distribution over the population. Every Dutch citizen is entitled to health care. Health insurance is provided by a mix of compulsory national insurance and public and private insurance schemes. Hospitals generally have a private legal basis but are heavily regulated. Supraregional planning of high-tech medical services is also regulated. Hospitals function under fixed, prospective budgets with regulation of capital investments. Independent general practitioners serve a gatekeeper role for specialist and hospital services and are paid by capitation or fee for service. Specialists are paid by fee for service. All physicians' fees are controlled by the Ministry of Economic Affairs. Coverage of benefits is an important method of controlling the cost of services. There is increasing concern about health care quality. Health technology assessment (HTA) has become increasingly visible during the last 15 years. A special national fund for HTA, set up in 1988, has led to many formal and informal changes. HTA has evolved from a research activity into policy research for improving health care on the national level. In 1993 the government stated formally that enhancing effectiveness in health care was one of its prime targets and that HTA would be a prime tool for this purpose. The most important current issue is coordination of HTA activities, which is now undertaken by a new platform representing the important actors in health care and HTA.
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van Beurden, Tijn, and Joost Jonker. "A perfect symbiosis: Curaçao, the Netherlands and financial offshore services, 1951–2013." Financial History Review 28, no. 1 (January 14, 2021): 67–95. http://dx.doi.org/10.1017/s096856502000013x.
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Analysing Curaçao as an offshore financial centre from its inception to its gradual decline, we find that it originated and evolved in close concert with the demand for such services from Western countries. Dutch banks and multinationals spearheaded the creation of institutions on the island facilitating tax avoidance. In this they were aided and abetted by their government, which firmly supported the Antilles in getting access to bilateral tax treaties, notably the one with the United States. Until the mid 1980s Curaçao flourished, but then found it increasingly difficult to keep a competitive advantage over other offshore centres. Meanwhile the Curaçao connection had enabled the Netherlands to turn itself into a hub for international revenue flows that today still feed both Dutch tax income and specialised financial, legal and accounting services.
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Nijland, Jelle. "Governance of Government Undertakings. Ensuring Public Interests in the Netherlands, Germany and France." European Company Law 11, Issue 6 (December 1, 2014): 281–89. http://dx.doi.org/10.54648/eucl2014054.
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This article focuses on a specific group of legal entities entrusted with economic activities of public interest, namely government undertakings - for example the Dutch railways or Schiphol Airport (Amsterdam). A certain amount of (in)direct government influence on these companies may however be desirable when ultimately the government remains politically accountable for (the services provided by) these companies.
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Hekman, Rebecca, Nadège Huart, and Janet Whittaker. "Menzies Middle East and Africa S.A. and Aviation Handling Services International Ltd. v. Republic of Senegal." World Trade Review 16, no. 1 (December 19, 2016): 143–47. http://dx.doi.org/10.1017/s1474745616000483.
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In a case of first impression, a tribunal at the International Centre for Settlement of Investment Disputes (ICSID) rejected Claimants' novel legal argument that the Most Favoured Nation (MFN) clause in Article II of the World Trade Organisation's General Agreement on Trade in Services (GATS) enabled Menzies Middle East and Africa S.A. (MMEA) to access the offers to arbitrate under the Senegal–Netherlands and the Senegal–United Kingdom bilateral investment treaties (BITs).
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Shandula, Oleksandr. "Monopoly of advocates: national trends and foreign experience." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 50–56. http://dx.doi.org/10.36695/2219-5521.3.2020.07.
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The author examines the key characteristics of professional legal aid considering national trends of monopoly of advocates andrelevant foreign experience. It is stressed that the special significance of guaranteeing and providing legal aid is currently caused byobjective and subjective factors, including: the growing role of law and legal institutes in satisfaction of economic, political, spiritualand other interests of individuals; the inability of the majority of citizens to defend their rights and legitimate interests, to protect themselvesfrom arbitrariness by public authorities, which is caused by lack of legal knowledge and law-enforcement background; insufficientlevel of development of legal comprehension and legal culture of citizens, which challenges the usage of basic individual rights,freedoms and legitimate interests in concrete life situations.In addition, in most countries significant problems are reported in the mechanism of providing legal aid, which does not complywith the rule of law principle. It is emphasized that only in the countries of the Anglo-Saxon legal system the monopoly of advocateshas been shaped in an absolute form. However, research by the International Bar Association suggests that, in addition to monopoly ofadvocates in court claims, most national jurisdictions prohibit noncertified advocates to provide legal assistance at all. In most Europeancountries, including Greece, Denmark, Germany, the Netherlands, Portugal, as well as Taiwan, Hong Kong, and the Republic of Korea,the monopoly of advocates extends far beyond the court actions.It is concluded that the monopoly of advocates does not mean restricting the freedom of the market of legal services, on the cont -rary, the adequate regulation and uniform rules that would make the legal aid services more predictable and evolutionary. This wouldguarantee everyone equal access to a highly qualified advocate, would nourish the level of legal culture in society and would improvethe quality of court trials and the functioning of the law enforcement agencies. In this way, uniform standards for the provision of legalaid should be introduced. At the same time, the lack of competent and professional staff makes the very idea of qualified legal aid mea -ningless, moreover, poor quality services create a real threat of infringement within the rights, freedoms, and legitimate interests of citi -zens.
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Sitvast, JE, GAM Widdershoven, and TA Abma. "Moral learning in psychiatric rehabilitation." Nursing Ethics 18, no. 4 (July 2011): 583–95. http://dx.doi.org/10.1177/0969733011408047.
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The purpose of this article is to illustrate moral learning in persons with a psychiatric disability who participated in a nursing intervention, called the photo-instrument. This intervention is a form of hermeneutic photography. The findings are based on a multiple case study of 42 patients and additional interviews with eight of them. Photo groups were organized within three settings of psychiatric services: ambulatory as well as clinical, all situated in the Netherlands. Data were analysed according to hermeneutic and semiotic principles. Two cases are presented. Findings show that voice and face are concepts that help to identify elements of moral learning in the rehabilitation process of persons with a psychiatric disability. During the process patients become more aware of their responsibilities towards themselves and others.
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Garg, Aditi, Dimitrios Skempes, and Jerome Bickenbach. "Legal and Regulatory Approaches to Rehabilitation Planning: A Concise Overview of Current Laws and Policies Addressing Access to Rehabilitation in Five European Countries." International Journal of Environmental Research and Public Health 17, no. 12 (June 18, 2020): 4363. http://dx.doi.org/10.3390/ijerph17124363.
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Background: The rising prevalence of disability due to noncommunicable diseases and the aging process in tandem with under-prioritization and underdevelopment of rehabilitation services remains a significant concern for European public health. Over recent years, health system responses to population health needs, including rehabilitation needs, have been increasingly acknowledging the power of law and formal written policies as strategic governance tools to improve population health outcomes. However, the contents and scope of enacted legislation and adopted policies concerning rehabilitation services in Europe has not been synthesized. This paper presents a concise overview of laws and policies addressing rehabilitation in five European countries. Methods: Publicly available laws, policies, and national action plans addressing rehabilitation issues of Sweden, Italy, Germany, the Netherlands and the United Kingdom were reviewed and descriptive documents analyzed. Actions found in national health policies were also evaluated for compliance with the key recommendations specified in the World Health Organization’s Rehabilitation 2030: Call for Action. Results: Across countries, legal and policy approaches to rehabilitation planning varied in scope and reach. While all countries entitle citizens to rehabilitation services, comprehensiveness of coverage varied. Health legislation of Germany and Netherlands recognizes access to rehabilitation as a human right for persons with disabilities, while Sweden and the United Kingdom acknowledge its importance in disability laws for achieving substantive equality for persons with disabilities. Regarding policies, in all countries but Italy, targeted universalism remains the predominant strategy governing rehabilitation services, as demonstrated by the lack of comprehensive, national action plans for rehabilitation addressing the general population. Nevertheless, references found in disease specific policies indicate a solid consensus that rehabilitation remains an integral component of the care continuum for those experiencing disability. Conclusion: Although a universal approach to rehabilitation coverage is institutionalized in national legislation of the countries examined, this approach is not expressed in formal policies. Targeted strategies aiming to ensure access to subpopulation groups with higher perceived needs for rehabilitation prevail, indicating a strong political will towards the reduction of health inequalities and the promotion of human rights of people experiencing disability. Results obtained from conducting this descriptive review provide the basis for future appraisals of the situation regarding rehabilitation service and policy development in Europe.
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den Exter, André. "Access to Health Care in the Netherlands: The Influence of (European) Treaty Law." Journal of Law, Medicine & Ethics 33, no. 4 (2005): 698–710. http://dx.doi.org/10.1111/j.1748-720x.2005.tb00537.x.
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In the Netherlands, access to healthcare has been guaranteed by social health insurance legislation. But since the introduction of the Health Insurance Act (“Zikenfondswet”) in the 1960s, the health insurance system has been in a state of flux. Numerous reforms have changed the system gradually, of which the latest is the introduction of a competitive health insurance scheme for the entire population.Cutting across the various reforms has, however, been the goal of access to healthcare services as defined by international treaty law, including European Union law. In particular the leverage of Community law in strengthening the patient’s right to healthcare is remarkable. Since the European Court of Justice (ECJ) has accepted that healthcare should be considered as a service in terms of the EC Treaty, rights to healthcare have become inextricably linked with the free movement principles and are no longer restricted to the jurisdiction of the country of origin.
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Timmerman, Ruben I., Arjen Leerkes, Richard Staring, and Nicola Delvino. "‘Free In, Free Out’: Exploring Dutch Firewall Protections for Irregular Migrant Victims of Crime." European Journal of Migration and Law 22, no. 3 (October 7, 2020): 427–55. http://dx.doi.org/10.1163/15718166-12340082.
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Abstract Real and perceived risks of deportation may compromise the effective right of irregular migrants to report to the police if they have been a victim of crime. Some localities have therefore introduced so-called ‘firewall protection’, providing a clear separation between the provision of public services and immigration enforcement. This article explores one such policy in the Netherlands: ‘free in, free out’. While the policy began as a local pilot project, in 2015 it was introduced at the national-level alongside implementation of EU Victim’s Rights Directive, and currently represents the only national-level example of ‘firewall protection’ for victims of crime in Europe. This article is based on a socio-legal study that included interviews with informants from governmental and non-governmental organisations. It documents the legal and social reasons for instituting the policy, while critically assessing the challenges in implementation. Finally, it discusses the lessons and opportunities for expanding firewall protection more broadly in a European context.
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David Banta, H., and Wija Oortwijn. "HEALTH TECHNOLOGY ASSESSMENT AND SCREENING IN THE NETHERLANDS." International Journal of Technology Assessment in Health Care 17, no. 3 (July 2001): 369–79. http://dx.doi.org/10.1017/s0266462301106082.
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Objective: To review the assessment and implementation of three screening methods: mammography for breast cancer, screening for prostate cancer, and routine use of ultrasound in pregnancy.Methods: To review policy documents and published papers dealing with prevention and screening in the Netherlands, focusing on the three screening methods specified.Results: The results indicate that the Netherlands has an active establishment devoted to health technology assessment (HTA). The Netherlands government has also made prevention a high priority in the health services system. Within prevention policy, HTA is given an important place. The general policy is that prevention programs should meet high standards of effectiveness and efficiency, as well as ethical, legal, and social acceptability. In addition, the Netherlands may be unique in the world in having a specific law requiring that proposals for population screening must be carefully assessed before they are implemented.Conclusions: The three cases examined in this paper have all been assessed, and the conclusions are similar to those presented in the synthesis published in this issue (33). In the case of mammography, the assessment was followed by a rational implementation of a national screening program for breast cancer. In the other two cases, however, despite negative conclusions from assessment, the tests are frequently carried out, especially in what has been termed opportunistic screening. Prostate cancer screening seems to be spreading rapidly. Use of ultrasound in pregnancy is frequent, not necessarily for medical reasons but because parents wish to have a picture of their fetus. The conclusion is that HTA is well established in the Netherlands, as illustrated in these three cases, and policy is based on the assessments done. However, practice is not in accord with the assessment in the cases of prostate cancer and routine ultrasound. Policies to deal effectively with opportunistic screening are difficult to imagine.
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Klaver, Nicky Sabine, Joris van de Klundert, Roy Johannes Gerardus Maria van den Broek, and Marjan Askari. "Relationship Between Perceived Risks of Using mHealth Applications and the Intention to Use Them Among Older Adults in the Netherlands: Cross-sectional Study." JMIR mHealth and uHealth 9, no. 8 (August 30, 2021): e26845. http://dx.doi.org/10.2196/26845.
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Background Considering the increasing demand for health services by older people and the ongoing COVID-19 pandemic, digital health is commonly viewed to offer a pathway to provide safe and affordable health services for older adults, thus enabling self-management of their health while health care systems are struggling. However, several factors cause older people to be particularly reluctant to adopt digital health technologies such as mobile health (mHealth) tools. In addition to previously studied technology acceptance factors, those related to perceived risks of mHealth use (eg, leakage of sensitive information or receiving incorrect health recommendations) may further diminish mHealth adoption by older adults. Objective The aim of this study was to explore the relationship between perceived risks of using mHealth applications and the intention to use these applications among older adults. Methods We designed a cross-sectional study wherein a questionnaire was used to collect data from participants aged 65 years and older in the Netherlands. Perceived risk was divided into four constructs: privacy risk, performance risk, legal concern, and trust. Linear regression analyses were performed to determine the associations between these perceived risk constructs and the intention to use mHealth applications. Results Linear regression per perceived risk factor showed that each of the four constructs is significantly associated with the intention to use mobile medical applications among older adults (adjusted for age, sex, education, and health status). Performance risk (β=–.266; P=<.001), legal concern (β=–.125; P=.007), and privacy risk (β=–.100; P=.03) were found to be negatively correlated to intention to use mHealth applications, whereas trust (β=.352; P=<.001) was found to be positively correlated to the intention to use mHealth applications. Conclusions Performance risk, legal concern, and privacy risk as perceived by older adults may substantially and significantly decrease their intention to use mHealth applications. Trust may significantly and positively affect this intention. Health care professionals, designers of mHealth applications, and policy makers can use these findings to diminish performance risks, and tailor campaigns and applications to address legal and privacy concerns and promote mHealth uptake and health care access for older adults, especially during the COVID-19 pandemic.
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Magnan, Aurele, Kevin John Paul Manurung, Dao Gia Phuc, and Rahmi Ayunda. "Confusion of Legal Roots: Comparative Historical Review of International Trade Law in France and Indonesia." Journal of Judicial Review 23, no. 2 (December 23, 2021): 231. http://dx.doi.org/10.37253/jjr.v23i2.5372.
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This research discusses the history of international trade law in France and Indonesia. This research is a doctrinal research that uses normative legal research methods. The data used are data obtained indirectly, such as legislation, previous research and other secondary data relevant to the main object of the article, and several cases of the World Trade Organization. The Oxford Journal has defined the term 'International Trade' as the involvement of goods and/or services across national boundaries. In other words, it was an expansive movement. Such actions have been going on for centuries. Thanks to the lex mercatoria and lex maritime created in the Middle Ages, also to the important role of the 'silk road' which ironically connected the road between France and Indonesia, because it provided so many benefits and the development of international trade law. . After all, French regulations inspired so many rules in many countries, including the Netherlands and were applied in Indonesia as a colony. Indonesia had some similiarities within France ever since so.
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de Snoo-Trimp, Janine C., Bert Molewijk, Gøril Ursin, Berit Støre Brinchmann, Guy AM Widdershoven, Henrica CW de Vet, and Mia Svantesson. "Field-testing the Euro-MCD Instrument: Experienced outcomes of moral case deliberation." Nursing Ethics 27, no. 2 (June 9, 2019): 390–406. http://dx.doi.org/10.1177/0969733019849454.
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Background: Moral case deliberation is a form of clinical ethics support to help healthcare professionals in dealing with ethically difficult situations. There is a lack of evidence about what outcomes healthcare professionals experience in daily practice after moral case deliberations. The Euro-MCD Instrument was developed to measure outcomes, based on the literature, a Delphi panel, and content validity testing. To examine relevance of items and adequateness of domains, a field study is needed. Aim: To describe experienced outcomes after participating in a series of moral case deliberations, both during sessions and in daily practice, and to explore correlations between items to further validate the Euro-MCD Instrument. Methods: In Sweden, the Netherlands, and Norway, healthcare institutions that planned a series of moral case deliberations were invited. Closed responses were quantitatively analyzed. The factor structure of the instrument was tested using exploratory factor analyses. Ethical considerations: The study was approved in Sweden by a review board. In Norway and the Netherlands, data services and review boards were informed about the study. Results: The Euro-MCD Instrument was completed by 443 and 247 healthcare professionals after four and eight moral case deliberations, respectively. They experienced especially outcomes related to a better collaboration with co-workers and outcomes about individual moral reflexivity and attitude, both during sessions and in daily practice. Outcomes were experienced to a higher extent during sessions than in daily practice. The factor structure revealed four domains of outcomes, which did not confirm the six Euro-MCD domains. Conclusion: Field-testing the Euro-MCD Instrument showed the most frequently experienced outcomes and which outcomes correlated with each other. When revising the instrument, domains should be reconsidered, combined with theory about underlying concepts. In the future, a feasible and valid instrument will be presented to get insight into how moral case deliberation supports and improves healthcare.
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Nagy, Noémi. "Language Rights of European Minorities in the Administration of Justice, Public Administration and Public Services." European Yearbook of Minority Issues Online 18, no. 1 (June 1, 2021): 113–40. http://dx.doi.org/10.1163/22116117_01801006.
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This article provides an overview of European minorities’ language rights in the administration of justice, public administration, and public services in 2019. Relevant legal developments are presented in the activities of the major international organizations, i.e. the United Nations, the Organization for Security and Cooperation in Europe, the European Union, and the Council of Europe. Since the most relevant treaties on the language rights of minorities in Europe are the European Charter for Regional or Minority Languages and the Framework Convention for the Protection of National Minorities, special attention is paid to the implementation thereof. Whereas international monitoring mechanisms devoted to the effective protection of minorities are abundant, language rights of national minorities receive less attention, especially in the fields of official language use, that is, in public administration and justice. The regulation of these areas has been traditionally considered as almost exclusively belonging to the states’ competence, and international organizations are consequently reluctant to interfere. As a result, the official use of minority languages differs in the various countries of Europe, with both good practices (e.g. the Netherlands, Spain, Finland) and unbalanced situations (e.g. Estonia, Ukraine, Azerbaijan).
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Vermeiren, Hildegard. "What Interpreters in the EU Should Know About Legislation: The Case of Belgium and the Netherlands." FITISPos International Journal 6, no. 1 (April 30, 2019): 183–204. http://dx.doi.org/10.37536/fitispos-ij.2019.6.1.200.
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Abstract: The interpreting profession weaves its way through a tangled web of legal provisions. Especially in the areas of immigration, the court, the police or social services, third-party rights play an important role, and language assistance is needed to act following the law. Freelance interpreters are contracted. These interpreters have opted for entrepreneurship and private-law relationships with their clients. The public-law sphere, however, is very much a part of their activities, through their training, certification, fees they earn, but also taxation. Due to growing professionalization, higher demands are being placed on interpreters. Requirements nowadays are much stricter than an oath of faithful translation. This paper discusses what starting public service interpreters need to know about legal provisions when starting their career as entrepreneurs in Belgium and the Netherlands.Resumen: En la profesión de intérprete se cruzan numerosas disposiciones legales. Especialmente en los sectores de inmigración, tribunales y servicios policiales o sociales, los derechos de terceros desempeñan un papel esencial, y la asistencia lingüística es importante para la legalidad de las acciones. Se contrata a intérpretes freelance. Estos han optado por hacerse autónomos y por las relaciones de derecho privado con sus clientes. Sin embargo, la esfera del derecho público está muy presente en sus vidas, a través de su formación, certificación, despliegue, tarifación e impuestos. Debido a la creciente profesionalización del sector, el nivel exigido a los intérpretes es cada vez superior. Hoy en día, los criterios son más estrictos que el tradicional juramento de fidelidad. Comentamos lo que los jóvenes intérpretes necesitan saber al lanzarse como emprendedores en Bélgica y los Países Bajos.
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Kilvington, Judith, Sophie Day, and Helen Ward. "Prostitution Policy in Europe: A Time of Change?" Feminist Review 67, no. 1 (March 2001): 78–93. http://dx.doi.org/10.1080/01417780150514510.
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There has been considerable recent debate about prostitution in Europe that reflects concerns about health, employment and human rights. Legal changes are being introduced in many countries. We focus on two examples in order to discuss the likely implications. A new law in The Netherlands is normalizing aspects of the sex industry through decriminalizing both workers and businesses. In Sweden, on the other hand, prostitution is considered to be a social problem, and a new law criminalizes the purchasers of sexual services in an attempt to reduce demand. Both reforms appear to have had their desired effect at one level; in The Netherlands, health and safety regulations will be introduced as in any other job, and EU sex workers gain full social, legal and employment rights; in Sweden there was initially a tenfold decrease in the numbers of women working visibly on the streets, and some workers have left the industry. However, in both countries, the new legislation has also driven some sex work underground. Many sex workers are excluded by the Dutch system and move underground to become effectively invisible to the authorities. In Sweden sex workers and their clients also become less visible in order that the latter can avoid sanction. Social and economic changes, such as increased migration and the growing use of the Internet will also render the sex industry less visible both to state regulation and to health care workers. The major problems of prostitution for the workers remain exploitation, stigma, abuse and criminalization. These are not unique to the industry, and can only be tackled effectively by the self-organization of sex workers into unions and rights groups, along with full decriminalization. An alternative vision is promised through self-organization and anti-racist actions by sex workers in Germany; normalization and workers’ rights are tackled alongside training programmes for those seeking alternatives. Policy makers throughout Europe would do well to look at their experience and not simply at the clash of legal reforms.
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BUIJSEN, MARTIN, and WILMA GÖTTGENS. "And What About the Pharmacist?" Cambridge Quarterly of Healthcare Ethics 29, no. 3 (June 2, 2020): 375–85. http://dx.doi.org/10.1017/s0963180120000109.
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AbstractIn the Netherlands, euthanasia has been decriminalized. Termination of life on request and assisted suicide are criminal offences under Dutch law; but if physicians comply with the due care requirements of the Euthanasia Act and report their actions in the manner prescribed by law, they will not be prosecuted. One of the requirements relates to the act of euthanasia itself. If this is to be performed with due medical care, the physician relies on the services of a pharmacist. However, the responsibilities of the pharmacist with respect to euthanasia are not laid down in law. At present, Dutch pharmacists have to make do with professional rules that do not offer adequate solutions for the problems that may arise when euthanasia is performed.
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Odintsov, Oleh, Natalia Ilchenko, and Dmytro Lyashov. "INTERNATIONAL EXPERIENCE OF ORGANIZATION OF ADMINISTRATIVE SERVICES." Proceedings of Scientific Works of Cherkasy State Technological University Series Economic Sciences, no. 60 (April 19, 2021): 41–51. http://dx.doi.org/10.24025/2306-4420.1.60.2021.228188.
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The article considers the international experience of the organization of administrative services in the system of public services. The international experience of providing administrative services by the authorities in Germany, Poland, the Netherlands, Great Britain, Canada, and the USA is studied. Positive experience in solving the problems of organizing the provision of quality administrative services by the authorities of these countries has been revealed. Possibilities of using international experience in providing administrative services in Ukraine have been studied. Emphasis is placed on the prospects of the Polish experience in the provision of administrative services, in particular on the policy of reducing communication between providers and consumers of administrative services while maintaining the quality of these services, as well as active involvement of the private sector in the service delivery process. The German experience of improving the organization of administrative services may be relevant. The establishment of a mechanism for the provision of administrative services states that a removal of public authorities, in particular local governments, from the direct course of service provision is sufficiently effective and realistic example. In this case, the authorities are given only the functions of control and supervision, which allows them to perform more important tasks. The introduction of a quality management system in government has enabled individuals and legal entities to receive services at a decent level. In the selection of employees who perform the functions of providing services to citizens, in addition to professional qualities, attention is also paid to personal qualities, because close contact with customers involves the impact of the human factor on service activities. As a result of all administrative reforms in the country, multi-channel access to various services has been organized on a "single window" basis and a feature of positive changes in the public sphere based on the culture of national identity the culture of statehood. Ways to improve the provision of administrative services in public administration are proposed. Practical recommendations for improving the organization of administrative services in the country are provided.
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Schipper, Karen, Elleke Landeweer, and Tineke A. Abma. "Living with end-stage renal disease: Moral responsibilities of patients." Nursing Ethics 25, no. 8 (January 18, 2017): 1017–29. http://dx.doi.org/10.1177/0969733016687154.
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Background: Living with a renal disease often reduces quality of life because of the stress it entails. No attention has been paid to the moral challenges of living with renal disease. Objectives: To explore the moral challenges of living with a renal disease. Research design: A case study based on qualitative research. We used Walker’s ethical framework combined with narrative ethics to analyse how negotiating care responsibilities lead to a new perspective on moral issues. Participants and research context: One case was chosen from 20 qualitative interviews with renal patients in the Netherlands. Ethical considerations: Several actions have been taken to ensure the informed consent, privacy, anonymity and confidentiality of the patient in this article. More details are offered in this article. The study has been conducted in line with the recommendations of the Medical Ethical Committee of the VU Medical Center. Findings: A renal disease can force people to change their identity, relationships, values and responsibilities. The case study illustrates the moral challenges confronting renal patients. Discussion and conclusion:: Moral issues can be raised by the changes to identities, relationships, values and responsibilities caused by renal disease. Support services for renal patients and their relatives should pay more attention to these issues in order to promote self-management.
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Jain, Aditya, Juliet Hassard, Stavroula Leka, Cristina Di Tecco, and Sergio Iavicoli. "The Role of Occupational Health Services in Psychosocial Risk Management and the Promotion of Mental Health and Well-Being at Work." International Journal of Environmental Research and Public Health 18, no. 7 (March 31, 2021): 3632. http://dx.doi.org/10.3390/ijerph18073632.
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The development and enhancement of occupational health services (OHS) at the national level is central to ensuring the sustainable health, well-being and work engagement of the working population. However, due to differences in national health, social security and occupational safety and health systems, the content, capacity, coverage and provisions of OHS vary considerably across national contexts. Obtaining a better understanding in terms of such similarities and variations internationally is essential as such comparative information can help inform evidenced-based decision-making on OHS at both policy and practice levels. This paper therefore reviews and analyses the key policies, standards and approaches in OH systems and services, using both academic and grey literature, across 12 industrialised countries (Australia, Canada, Finland, France, Germany, Ireland, Italy, Japan, The Netherlands, Poland, United Kingdom and the United States of America). It provides a detailed overview and categorization of OHS in these selected countries in terms of the legal and policy context, organisation and financing and coverage and staffing while specifically discussing variations aimed at psychosocial risk management and the promotion of mental health and well-being at work. It draws conclusions on key development needs of OHS internationally to ensure psychosocial risk management and mental health promotion are prioritised effectively in a preventive manner.
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Novytska, M. M., and A. V. Kozhushko. "Gaps in the legal regulation of surrogacy in Ukraine and analysis of the experience of foreign countries." Legal horizons, no. 22 (2020): 76–81. http://dx.doi.org/10.21272/legalhorizons.2020.i22.p76.
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The article is devoted to the study of the legislation of Ukraine regulating the procedure of surrogacy and the main legal gaps in this area. In addition, a legal analysis and comparison of the legislation in the field of surrogacy in such foreign countries as Belarus, Kazakhstan, the Czech Republic, Israel, Sweden, the Netherlands, Nigeria, Finland, some US states. The main legal cases arising in Ukraine during and after the use of the surrogacy procedure, their causes and consequences are highlighted. The case law of national courts is given and analyzed. In particular, the procedure for legal regulation of the mechanism of registration and registration of a child born as a result of surrogacy needs to be improved in order to avoid the possibility of a surrogate mother entering information about herself as a child’s mother in the state register of civil status and further challenging maternity in court. A comparative analysis of the experience of foreign legal regulation of the institution of surrogacy and focused on their pros and cons. The basic provisions and principles which can be borrowed from experience of realization by foreign countries of procedure of surrogacy are offered. When creating regulations, a number of guarantee norms should be taken into account, which will be the basis for avoiding potential conflicts and negative situations. In particular, they include: the refusal of a surrogate mother to give the child to biological parents; the refusal of the biological parents to pick up the newborn child; cases of birth of two or more children; birth of a dead / sick child; the desire of the surrogate mother to terminate the pregnancy, the refusal of the genetic parents to perform their duties in terms of paying for the services of the surrogate mother. The conclusion about the necessity of the Ukrainian legislation in legal regulation and rationing of surrogacy by creation of the uniform profile regulatory act is carried out.
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Post, G. B. "Building the Tower of Babel: Cross-border Urgent Medical Assistance in Belgium, Germany and the Netherlands." Prehospital and Disaster Medicine 19, no. 3 (September 2004): 235–44. http://dx.doi.org/10.1017/s1049023x00001837.
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AbstractThe border area between Germany, Belgium, and the Netherlands includes a substantial number of cooperative forms in the urgent medical assistance sector. Collaboration usually takes place in densely populated areas with cities or villages situated on or in proximity to the border. In some regions, definitive borders are not apparent to the extent that inhabitants often times are unaware of their existence. The border may pass directly through a builtup area with intense cross-border activity due to population residency, place of work, shopping, and recreational pursuits.To obtain a deeper insight into cross-border Urgent Medical Assistance (UMA), the Ministry of the Interior and Kingdom Relations (IKR) and the Ministry for Health, Welfare, and Sports (HWS) in the Netherlands commissioned research into cross-border UMA impediments and solutions at administrative, judicial, and operational level. The following central questions were presented for research: what opportunities and impediments are presented in the area of cross-border, urgent medical assistance at administrative, legal, operational, and equipment employable level, and which solutions may be submitted to tackle existing impediments?Two techniques were employed to answer the research questions. First, relevant documents were studied from extensive file and literature searches. File and literature search findings subsequently were tested in practice through interviews with relevant experts.Dutch ambulance services provide support to both their Belgian and German counterparts and vice versa. In the instance of cross-border ambulance deployment, relevant assistance services are subject to due observance of various legislations and regulations. Such regulations may restrict effective and efficient deployment of personnel and equipment at critical moments, because regulation discrepancies may arise over ambulance personnel's authorities, ambulance content, and deployment sequence. Discrepencies also may exist in the area of financial compensation concerning ambulance deployment and hospital admission. Gaining knowledge on their disparate systems and the opportunity to utilize the medical provisions of a neighboring country potentially in closer proximity to those in the victim's own country serves the best interests of the patient. Survival chances of a traumatized patient increase with the expedited arrival of medical assistance and increased speed of transportation to an appropriate hospital.
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Blazier, Jaden, and Rien Janssens. "Regulating the international surrogacy market:the ethics of commercial surrogacy in the Netherlands and India." Medicine, Health Care and Philosophy 23, no. 4 (September 14, 2020): 621–30. http://dx.doi.org/10.1007/s11019-020-09976-x.
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Abstract It is unclear what proper remuneration for surrogacy is, since countries disagree and both commercial and altruistic surrogacy have ethical drawbacks. In the presence of cross-border surrogacy, these ethical drawbacks are exacerbated. In this article, we explore what would be ethical remuneration for surrogacy, and suggest regulations for how to ensure this in the international context. A normative ethical analysis of commercial surrogacy is conducted. Various arguments against commercial surrogacy are explored, such as exploitation and commodification of surrogates, reproductive capacities, and the child. We argue that, although commodification and exploitation can occur, these problems are not specific to surrogacy but should be understood in the broader context of an unequal world. Moreover, at least some of these arguments are based on symbolic rhetoric or they lack knowledge of real-world experiences. In line with this critique we argue that commercial surrogacy can be justified, but how and under what circumstances depends on the context. Surrogates should be paid a sufficient amount and regulations should be in order. In this article, the Netherlands and India (where commercial surrogacy was legal until 2015) are case examples of contexts that differ in many respects. In both contexts, surrogacy can be seen as a legitimate form of work, which requires the same wage and safety standards as other forms of labor. Payments for surrogacy need to be high enough to avoid exploitation by underpayment, which can be established by the mechanisms of either minimum wage (in high income countries such as the Netherlands), or Fair-Trade guidelines (in lower-middle income countries such as India). An international treaty governing commercial surrogacy should be in place, and local professional bodies to protect the interests of surrogates should be required. Commercial surrogacy should be permitted across the globe, which would also reduce the need for intended parents to seek surrogacy services abroad.
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Lewandowski, Piotr. "Regulations against Polish carriers performing international road transport of goods." AUTOBUSY – Technika, Eksploatacja, Systemy Transportowe 19, no. 6 (June 30, 2018): 552–57. http://dx.doi.org/10.24136/atest.2018.132.
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Nowadays, in the European Union, in practically all fields of economy, including road transport, there are certain difficulties in free exercise of service activity in international transport. These difficulties are expressed by creating barriers of entry to a market or existing in that market by entities from other countries and they arise as a result of legal actions or administrative actions which interfere with legal provisions and therefore act in the interest of their own economy. The profitability of both Polish and foreign carriers which extended their activities to Western Europe is based on lower production costs, which can be achieved through lower maintenance costs of vehicles and lower working costs. The process of creating barriers of entry for the highly competitive entities in the EU results in market uncertainty, whose effect may be increased risk of providing transport services and which limits the transport potential of numerous companies. It is currently very difficult to find an agreement between the so-called “old EU” and the Visegrad Group in the area of transport. The key subject is solving the issue of posted workers. The most controversies regard the issue of whether the provisions of the new directive will also concern the workers from the transport sector. A few states, e.g. France, Germany, the Netherlands and Spain wants the sector to be permanently included in the directive. Poland (posts the most workers) and other EU member states which undertake transport operations in the EU oppose these provisions.
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Alkan, M., and H. G. Sürmeneli. "INVESTIGATING FOR 3D TURKEY CADASTRE WITH INTERNATIONAL STANDARDS." ISPRS - International Archives of the Photogrammetry, Remote Sensing and Spatial Information Sciences XLII-4/W16 (October 1, 2019): 109–15. http://dx.doi.org/10.5194/isprs-archives-xlii-4-w16-109-2019.
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Abstract. Nowadays, a very active research area is the 3D cadastre concept. In relation, 3D Cadastre is an essential component used in a land management system which is to manage and represent layered rights digitally, restrictions, responsibilities (legal models), buildings, public services and corresponding physical models (above or below the floor surface in 3D). The 3D Cadastre has a lot of capable of collecting, storing, organising, querying, analysing and visualising very intricate details within specific standards for all over the worlds. Besides, now in Turkey, 3D cadastre is to be designing and developing with academic studies. The cadastral concept was developed for the 3D Cadastral in the early 2000s from studies related to the world countries. The first workshop was held in 2001; the second workshop was held in 2011 and 2012 in the third. Temporarily, many theoretical and practical developments have emerged in these workshops. However, no 3D cadastre is currently being performed anywhere in the world (Oosterom et al., 2011). There are several reasons why successful implementation of 3D cadastre is legal, institutional and technical. These reasons can be listed as the necessary legal documents, missing data models, lack of technology and data format deficiencies. The 3D cadastre scope should be defined as ideal in legal and institutional systems for all of the cadastral systems. While waiting for these formalities, the development of a data model for 3D cadastre is a useful method to clarify the scope of 3D cadastre. A 3D cadastral data model is the most important for the introduction of standards (INSPIRE, OGC, LADM) and a common language within the user communities of the Land Administration. In this context, some countries (Netherlands, Australia) have developed cadastral data models (ePlan, Legal Property Object Model, LADM, 3D Cadastral Data Model) to improve their cadastral systems. Although cadastral data models differ between countries, 2D is based on the basic building block of a land parcel. The existing cadastral data models were developed based on the definition of a 2D land parcel for many countries. Besides land tenure recording system with related 2D cadastral systems also. In line with the developed models, Netherlands, Australia, Croatia and Israel improved their existing cadastral systems and carried out studies in the scope of 3D cadastre. In Turkey, the 3D cadastre scope is still working for an academic site. In this study, the first section comprises of the investigation for 3D cadastral systems. Turkey studies and cadastral systems will be discussed in section 2. The scope and principles of 3D cadastre are discussed for Turkey with section 3. Moreover, the obstacles to the implementation of 3D cadastre and international standards developed within the scope of 3D cadastre are discussed and also data models developed for Turkey cadastral system with related international standards (Land Administration Domain Model, INSPIRE and ISO) in section 4. Also, finally, discussion and results were assessed in this paper.
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Hellemans, Liesbeth, Eva Lievens, and Peggy Valcke. "Playing hide-and-seek? A legal perspective on the complex distinction between commercial and editorial content in hybrid advertising formats." info 17, no. 6 (September 14, 2015): 19–34. http://dx.doi.org/10.1108/info-05-2015-0026.
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Purpose – This paper aims to examine the challenges raised by hybrid advertising strategies for principles of identification and separation, included in various regulatory instruments, and the Audiovisual Media Services Directive (AVMSD) in particular. Design/methodology/approach – First, this paper describes two examples of hybrid (television) advertising formats, with a potential interconnection between editorial and commercial content, such as advertorials and commercial overlays. This section is followed by an analysis of the origins and key elements of the identification and separation principle. Next, the implementation in legislation of Belgium (Flanders region), The Netherlands and the UK, and decisions of media regulators in those countries are explored to assess how the principles are interpreted in practice. Finally, the authors identify the concrete challenges that these formats raise and frame those against the background of European policy developments. Findings – The analysis shows that the current interpretation of the identification and separation principles conflicts with the inherently integrated features of hybrid advertising formats, especially commercial overlays. To remedy this, the authors propose strengthening the identification principle, for instance, by developing cross-media labels and framing this within a co-regulatory framework where advertisers and media service providers take up their responsibility to respect fundamental principles and protect less cognitively skilled consumers, such as children. Originality/value – This paper aims to contribute to the current re-thinking of the legal framework with regard to new commercial communication techniques, convergence and public interest goals. This can be framed against the background of the revision of the AVMSD and the Digital Single Market Strategy.
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Bunnik, Eline Maria, Adriana Kater-Kuipers, Robert-Jan H. Galjaard, and Inez de Beaufort. "Why NIPT should be publicly funded." Journal of Medical Ethics 46, no. 11 (April 10, 2020): 783–84. http://dx.doi.org/10.1136/medethics-2020-106218.
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Asking pregnant women to (co)pay for non-invasive prenatal testing (NIPT) out of pocket leads to unequal access across socioeconomic strata. To avoid these social justice issues, first-trimester prenatal screening should be publicly funded in countries such as the Netherlands, with universal coverage healthcare systems that offer all other antenatal care services and screening programmes free of charge. In this reply, we offer three additional reasons for public funding of NIPT. First, NIPT may not primarily have medical utility for women and children, but rather offers relevant information and reproductive options, and thus serves important autonomy interests of women. Second, public funding of NIPT can be justified because it results in a reduction of collectively borne costs associated with care and support for children with chromosomal abnormalities. It is important to note that this is not an argument for individual women to take part in screening or to terminate an affected pregnancy. However, it is a legitimate argument in policy making regarding funding arrangements for screening programmes. Finally, public funding would help to amend current misunderstandings among pregnant women (eg, that they are not at risk), and thus to support informed consent for first-trimester prenatal screening.
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Kösters, Lian, and Wendy Smits. "‘Genuine’ or ‘Quasi’ Self-Employment: Who Can Tell?" Social Indicators Research 161, no. 1 (October 13, 2021): 191–224. http://dx.doi.org/10.1007/s11205-021-02794-5.
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AbstractIn many industrialised countries, including the Netherlands, the share of solo self-employed workers has strongly increased in recent years. This development is subject to a lot of public debate as it is feared that this increase is caused by ‘quasi’ self-employment. There still seems to be little consensus, however, on what constitutes ‘genuine’ self-employment and what not. In this article we present a theoretical framework for ‘quasi’ solo self-employment and discuss how the various indicators for ‘quasi’ self-employment that are used in the literature fit in this framework. We then compare the outcomes of different indicators by applying them to solo self-employed workers in the Netherlands. The data used for the analysis are taken from the Dutch Labour Force Survey (NL-LFS) 2017 complemented with the European Labour Force Survey (EU-LFS) ad hoc module 2017 on self-employment. Our results show that about 7% of the solo self-employed workers is dependent on one client. Furthermore, almost 20% of all solo self-employed had an involuntary start. The correspondence between dependency and involuntariness is very low: less than 2% of the solo self-employed workers are both dependent and involuntary. Both dependency and voluntariness are related to the fiscal and legal status of the solo self-employed workers and to the type of work activities. Solo self-employed workers that own their own business and who mainly sell products are less likely to be dependent and/or involuntary self-employed compared to those who do not own a business and/or offer services. Dependency is hardly related to the unfavourable outcomes of solo self-employment. Involuntariness, on the contrary, seems to have some impact on outcomes. Those who became self-employed because they couldn’t find a job as an employee have a higher probability to be unsatisfied with their job, to have financial problems or problems due to a lack of work or a low income. Nevertheless even among the involuntary solo self-employed workers, the majority does not report negative outcomes.
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HABERKERN, KLAUS, and MARC SZYDLIK. "State care provision, societal opinion and children's care of older parents in 11 European countries." Ageing and Society 30, no. 2 (October 22, 2009): 299–323. http://dx.doi.org/10.1017/s0144686x09990316.
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ABSTRACTDependent older people are predominantly cared for by family members, mostly partners and children, but not every parent in need is cared for by a child, and intergenerational care varies widely across Europe. Previous studies have used care regimes to explain these differences, but because of the lack of large comparative surveys, the prevalence of intergenerational care has rarely been related directly to the institutional and cultural context, including state care provision, legal obligations between family members, and societal opinion about the role of the state in elderly care. This paper reports an analysis of variations in intergenerational care among European countries and the reasons for these differences using data from theSurvey of Health, Ageing and Retirement in Europefor Austria, Belgium, Denmark, France, Germany, Greece, Italy, The Netherlands, Spain, Sweden and Switzerland. Results from logistic multilevel models show that care by children is influenced by the individual characteristics of both parents and children, and by family structures, welfare-state institutions and cultural norms. Intergenerational care is more prevalent in southern and central European countries, where children are legally obligated to support parents in need, and care is perceived as a responsibility of the family, whereas in northern Europe, the wider availability of formal care services enable adult children, particularly daughters, have more choice about their activities and use of time.
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Garben, Sacha. "Sky-high controversy and high-flying claims? The Sturgeon case law in light of judicial activism, euroscepticism and eurolegalism." Common Market Law Review 50, Issue 1 (February 1, 2013): 15–45. http://dx.doi.org/10.54648/cola2013003.
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In its controversial Sturgeon judgment, the Court of Justice of the European Union held thatRegulation 261/2004/EC interpreted in light of the equal treatment principle entitles passengers of delayed flights to claim financial compensation equal to the right accorded by the Regulation to passengers of cancelled flights. The ruling has met with hostility not only from airlines, but also from legal commentators and, most importantly, national judges. Courts from Germany, the Netherlands and the UK have flooded the ECJ with new references, asking it either directly or indirectly to overturn the judgment. Furthermore, some national judges have condemned the ruling altogether, and have refused to apply it. This contribution outlines the controversy, exploring the potential reasons and dynamics behind these strong reactions. It will be argued that although the ECJ engaged in a remarkable degree of judicial activism by effectively writing a new provision into a piece of secondary legislation, this activism can be defended as desirable to the extent that it counterbalances a market-favouring slant in the EU legislative process and checks the still undemocratic European legislature. Furthermore, it will be argued that activism alone does not account for the full extent of the controversy, and that there are additional factors in play. The Sturgeon controversy will be considered in light of the recent surge in Eurosceptic judgments by national supreme courts, which might embolden also lower courts to defy the ECJ, as well as the phenomenon of "Eurolegalism", i.e. the rise of an adversarial legal culture akin to that in the United States. National judiciaries might be Sturgeon-adverse because of the increasing "claim-culture" in Europe, as illustrated by the issue of passenger rights. It will be argued that Eurolegalism is a by-product of the wide-scale EU-induced privatization of public services and that consumer rights are a necessary counterbalance of the increasing marketization of European society/societies.
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Partanen, Juha. "The merchant, the priest, and the humble engineer. Observations on the Rotterdam drug scene." Nordic Studies on Alcohol and Drugs 14, no. 3 (June 1997): 167–83. http://dx.doi.org/10.1177/145507259701400307.
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The Dutch policy on drugs has often been criticized in other countries. It has been claimed that the Netherlands has given up the fight against drugs and does not fulfill its international responsibilities. The purpose of this article is to show that the drug problem is taken seriously in the Netherlands, and plenty of resources are used to deal with it. The Dutch view on the nature of the problem and appropriate ways to treat drug users, however, is different from what is common elsewhere. The object of the study is the drug scene and the administration of drug-related services in Rotterdam. The focus in this article is on the relationship between drug users and the drug control system. The study draws upon observations and documents, and numerous interviews with civil servants, treatment staff, and drug users during a three-week visit in Rotterdam. In Rotterdam there are separate markets for cannabis and hard drugs. About 150 cafes are permitted to sell cannabis products provided they follow the rules: no sales to minors under 18 years of age, no alcohol, no hard drugs, no advertising. Hard drugs are sold illegally in 300-400 apartments located in the older parts of the city. The number of hard drug users is estimated to be 2500 - 4000, and the majority of them are registered in the Rotterdam Drug Information System (RODIS), which makes them eligible to use the services provided by the city for addicted drug users, gamblers, and alcoholics. No legal sanctions relate to smoking of cannabis or to possession of small amounts, whereas large-scale trade, smuggling, and commercial cultivation are criminal activities. Neither is the use of hard drugs or possession for personal use criminalized. The core of the drug problem is seen to be on the one hand the nuisance caused by those addicted hard-drug users who resort to petty crime and threaten the safety of other people, leading to the deterioration of the urban environment, and on the other hand the threat to the economy and politics of the country created by criminal drug organizations. In dealing with drug-related nuisance the aim is harm reduction. The central idea is the normalization of the drug problem. This means that efforts are made to keep drug users in contact with society, instead of pushing them outside by pursuing repressive policies. The threshold to health and social services and to treatment is kept as low as possible. At the same time addicts are held responsible for their behavior, and they are required to follow the regulations of the institutions providing support and treatment. Decisions concerning drug policies in Rotterdam are made at the top level, by the mayor, the public prosecutor, and the chief of police. They are assisted by the aldermen responsible for health, social affairs, and public order, and by commissions set up by the city council. Two remarkable aspects of the administration of drug-related affairs are a close cooperation between health authorities and the police, and an emphasis on Japanese-style neighborhood policing. The support and treatment services for drug users are run by private foundations that are fully financed by the government and the city. The extent and the variety of available services is impressive, ranging from consultation bureaus and daycare centers to intensive care units and a methadone dispensing program for 1 200 daily customers. The extensive system of municipal services is supplemented by voluntary aid mainly provided by churches and religious organizations. The Dutch way of dealing with the drug problem thus combines tolerance for drug use with a comprehensive network of services for drug users and a strict and carefully designed administration. Such an approach derives from the traditions of governance and political culture in Dutch society. These are crystallized in three character masks: those of the pragmatic and prudent merchant who is more concerned with practical problems than lofty ideals, the charitable and paternalistic priest, and the humble engineer who in his age-long fight against floods has learned that nature can be controlled but never fully tamed.
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Solechan, Solechan. "Asas-Asas Umum Pemerintahan yang Baik dalam Pelayanan Publik." Administrative Law and Governance Journal 2, no. 3 (August 1, 2019): 541–57. http://dx.doi.org/10.14710/alj.v2i3.541-557.
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Abstract AAUPB (Asas asas umum pemerintahan yang Baik) has a long journey from the beginning of its birth in the Netherlands to its application in Indonesia today. AAUPB at first was only in the theoretical realm and then entered into law until AAUPB got a very important position in Law No. 30 of 2014. Initially, AAUPB was intended as a means of legal protection or rechtsbescherming and was even used as an instrument to increase legal protection or rechtsbescherming for citizens from government actions. AAUPB is then used as the basis for judgments in the judiciary and administrative efforts, as well as an unwritten legal norm for government actions The history of the development of AUPB in Indonesia can be seen from the development of the AUPB principle in various laws and regulations, the practice of implementing the AUPB in court decisions or jurisprudence and doctrine. The development of the AUPB principle arrangement had found an increasingly strong momentum when the Government Administration Act was passed in 2014. As a result of the adoption of the concept of the welfare state, the state must fulfill the welfare of the community, one of which is through public services. With the AAUPB, it is expected that the government as a public service provider, can accept the AAUPB as a legal norm that must be used as the basis by the civil service provider in carrying out its authority, as well as a means for citizens to sue deviant public service providers. Keywords: General principles of good governance, public service. Abstrak Asas-asas umum pemerintahan yang baik (selanjutnya disebut AAUPB) lahir dari praktik penyelenggaraan negara dan pemerintahan sehingga bukan produk formal suatu lembaga negara seperti undang-undang. Asas-asas umum pemerintahan yang baik dapat dipahami sebagai asas-asas umum yang dijadikan sebagai dasar dan tata cara dalam penyelenggaraan pemerintahan yang layak, yang dengan cara demikian penyelenggaraan pemerintahan itu menjadi baik, sopan, adil, dan terhormat, bebas dari kezaliman, pelanggaran peraturan, tindakan penyalahgunaan wewenang dan tindakan sewenang-wenang. Sejarah perkembangan AUPB di Indonesia dapat dilihat dari perkembangan prinsip AUPB dalam berbagai peraturan perundang-undangan, praktik penerapan AUPB dalam putusan pengadilan atau yurisprudensi serta doktrin. Perkembangan pengaturan prinsip AUPB menemukan momentumnya yang semakin kuat, tatkala UU Administrasi Pemerintahan disahkan pada tahun 2014. Sebagai akibat dari dianutnya konsepsi welfare state maka negara memiliki kewajiban untuk memenuhi kesejahteraan masyarakat salah satunya melalui pelayanan publik. Dengan adanya AAUPB diharapkan pemerintah sebagai pemberi pelayanan publik dapat menerima AAUPB sebagai norma hukum yang harus dijadikan dasar oleh penyelenggara pelayanan publik dalam menjalankan kewenangannya, sekaligus sarana bagi warga negara untuk menggugat penyelenggara pelayanan publik yang menyimpang. Kata Kunci : Asas-asas umum pemerintahan yang baik, Pelayanan Publik
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Colangelo, Giuseppe. "Competing Through Keyword Advertising." Journal of Competition Law & Economics 16, no. 3 (May 11, 2020): 306–48. http://dx.doi.org/10.1093/joclec/nhaa011.
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ABSTRACT The impressive growth of online shopping has had a significant impact on firms’ strategies and customer behavior, bringing to the fore new forms of trademark exploitation that may affect competition. A prominent role is played by keyword advertising services provided by internet search engines. Keyword advertising systems have been the subject of several litigations with regard to the legality of the use of keywords which correspond to trademarks, since trademark holders complain that the essential functions of trademarks might be detrimentally affected. However, given the importance of search engines for attracting customers to the websites of retailers and competitors, online advertising restrictions also raise anticompetitive concerns on both sides of the Atlantic. Indeed, the E-commerce Sector Inquiry carried out by the European Commission reported that some retailers are limited in their ability to use or bid on the trademarks of certain manufacturers to get a preferential listing on search engines’ paid referencing service or are only allowed to bid on certain positions. Furthermore, the UK Competition and Markets Authority encountered brand-bidding restrictions in the markets for broadband, credit cards, energy, flights, and home insurance, while the Netherlands Authority for Consumers & Markets analyzed the hotel sector. Moreover, in the US, the Federal Trade Commission has ruled that the largest online retailer of contact lenses unlawfully entered into a web of anticompetitive agreements with rivals, preventing them from bidding for search engine result advertisements that would inform consumers that identical products were available at lower prices. The aim of this paper is to shed light on the economic rationales and legal implications of keyword advertising to strike a proper balance between trademark protection and freedom of competition.
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de Jong, A. J., B. van Loenen, and J. A. Zevenbergen. "GEOGRAPHIC DATA AS PERSONAL DATA IN FOUR EU MEMBER STATES." ISPRS Annals of Photogrammetry, Remote Sensing and Spatial Information Sciences III-2 (June 2, 2016): 151–57. http://dx.doi.org/10.5194/isprsannals-iii-2-151-2016.
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The EU Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data aims at harmonising data protection legislation in the European Union. This should promote the free flow of products and services within the EU. This research found a wide variety of interpretations of the application of data protection legislation to geographic data. The variety was found among the different EU Member States, the different stakeholders and the different types of geographic data. In the Netherlands, the Data Protection Authority (DPA) states that panoramic images of streets are considered personal data. While Dutch case law judges that the data protection legislation does not apply if certain features are blurred and no link to an address is provided. The topographic datasets studied in the case studies do not contain personal data, according to the Dutch DPA, while the German DPA and the Belgian DPA judge that topographic maps of a large scale can contain personal data, and impose conditions on the processing of topographic maps. The UK DPA does consider this data outside of the scope of legal definition of personal data. The patchwork of differences in data protection legislation can be harmonised by using a traffic light model. This model focuses on the context in which the processing of the data takes place and has four categories of data: (1) sensitive personal data, (2) personal data, (3), data that can possibly lead to identification, and (4) non-personal data. For some geographic data, for example factual data that does not reveal sensitive information about a person, can be categorised in the third category giving room to opening up data under the INSPIRE Directive.
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KOSHOVA, Bohdana. "ASSESSMENT OF ELEMENTS OF TOURIST INFRASTRUCTURE OF UKRAINE IN COMPARISON WITH SOME EU COUNTRIES." HERALD OF KHMELNYTSKYI NATIONAL UNIVERSITY 298, no. 5 Part 1 (October 4, 2021): 52–56. http://dx.doi.org/10.31891/2307-5740-2021-298-5(1)-9.
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The article considers the competitiveness of the elements of the tourist infrastructure of Ukraine in comparison with some countries of the European Union, which are the leaders in tourist revenues and flows in the analyzed region. An analysis of the dynamics of tourism development in neighbouring Poland, which in the 90’s was in similar to the domestic starting conditions. The study made it possible to clearly reflect the reasons for the low demand for the national tourism product. After all, the lag in the quality of hotel and restaurant services is not the main reason for low interest in the domestic tourism market. Morally and physically outdated material and technical base of social, informational, financial, transport and other types of infrastructure makes Ukraine less attractive in the eyes of domestic tourists. And the low level of knowledge of foreign languages, non-compliance with legal norms and rules at the national level makes grazing the country in general unattractive for the demanding foreign tourist. The modern tourist, being able to choose the directions and quality of rest in today’s conditions, will not want to travel to a region with many unknowns, where they will not guarantee him peace, comfort and safety. That is why it is so important to analyze the level of development of some elements of tourism infrastructure in developed EU countries (Germany and the Netherlands) to indicate the consequences of its radical restructuring to ensure economic growth at the national level, where neighbouring Poland was chosen. With its rich natural and recreational resources, Ukraine can rightfully become a world leader in green, rural, health, active, cognitive tourism, and the diversity of landscapes combined with the temperate climate makes its landscapes especially attractive to tourists from highly urbanized areas. more and more.
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de Jong, A. J., B. van Loenen, and J. A. Zevenbergen. "GEOGRAPHIC DATA AS PERSONAL DATA IN FOUR EU MEMBER STATES." ISPRS Annals of Photogrammetry, Remote Sensing and Spatial Information Sciences III-2 (June 2, 2016): 151–57. http://dx.doi.org/10.5194/isprs-annals-iii-2-151-2016.
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The EU Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data aims at harmonising data protection legislation in the European Union. This should promote the free flow of products and services within the EU. This research found a wide variety of interpretations of the application of data protection legislation to geographic data. The variety was found among the different EU Member States, the different stakeholders and the different types of geographic data. In the Netherlands, the Data Protection Authority (DPA) states that panoramic images of streets are considered personal data. While Dutch case law judges that the data protection legislation does not apply if certain features are blurred and no link to an address is provided. The topographic datasets studied in the case studies do not contain personal data, according to the Dutch DPA, while the German DPA and the Belgian DPA judge that topographic maps of a large scale can contain personal data, and impose conditions on the processing of topographic maps. The UK DPA does consider this data outside of the scope of legal definition of personal data. The patchwork of differences in data protection legislation can be harmonised by using a traffic light model. This model focuses on the context in which the processing of the data takes place and has four categories of data: (1) sensitive personal data, (2) personal data, (3), data that can possibly lead to identification, and (4) non-personal data. For some geographic data, for example factual data that does not reveal sensitive information about a person, can be categorised in the third category giving room to opening up data under the INSPIRE Directive.
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Thompson-Cooper, Ingrid, Renée Fugère, and Bruno M. Cormier. "The Child Abuse Reporting Laws: An Ethical Dilemma for Professionals." Canadian Journal of Psychiatry 38, no. 8 (October 1993): 557–62. http://dx.doi.org/10.1177/070674379303800806.
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A central issue in the development of family law and child protection in this country has been the right of the state to intervene in family life. The reporting laws, which were developed in the 1960s, made it mandatory for any citizen, including professionals, to report child abuse (physical and sexual) to the authorities. These laws have fundamentally altered the relationship between the clinician and families in need of help and have resulted in a dramatic increase in the number of cases assessed and treated by child welfare agencies. Because of the emphasis on case-finding, the limited resources have been stretched to the point where families with serious problems of child abuse do not get the services they require. Apparently, at least 60% of all reports turn out to be unfounded. Other criticisms of the current system include ineffective intervention, over-intervention and ignoring parents’ rights. The legalization and bureaucratization of the child protection process has profoundly affected the relationship between troubled families and social workers who now must “investigate” them as well as help them. This role conflict is exacerbated even further in cases of alleged child sexual abuse, where social workers are often expected to inform the police of the allegations. The authors argue that the reporting laws have been useful in that society is aware of the problem, and they suggest that it may be more beneficial now to dispose of them. A system such as the “confidential doctor” system currently operating in the Netherlands, whereby legal authorities are only notified if the abusive family does not cooperate with the helping professionals, prevents the negative consequences of the coercive and intrusive intervention in our system and provides an opportunity to work with those families on a voluntary basis whenever possible.
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Cory, Michael John. "Connecting users to trusted geospatial information for Europe." Abstracts of the ICA 1 (July 15, 2019): 1. http://dx.doi.org/10.5194/ica-abs-1-52-2019.
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<p><strong>Abstract.</strong> In recent years, we have seen an explosion in location-based services. Whether it is maps, cadastral data or land registration, geospatial information is driving applications to realise social, economic and environmental benefits for us all. Yet in the age of ‘Big Data’ and the ‘Internet of Things’, how can we know which data sources are reliable and how easy is it to find accurate, high-quality and detailed information that we can trust? Knowing that reliable sources exist, and where to obtain them, is essential for governments and those making critical decisions that affect all our lives.</p><p> As the official bodies responsible for national cadastre, land registration, geodetic surveying and mapping activities in Europe, European national mapping and cadastral agencies (NMCAs) fulfil an essential role providing definitive and detailed geospatial information. In an ever-changing world, NMCAs play an important and often critical role in helping to address the key global and regional issues that affect society, such as climate change, sustainable development, a digital economy, migration, security and health. With these challenges extending beyond national borders, society now expects a borderless digital economy and property market, as well as fully connected national databases for stronger cross-border emergency planning and environmental monitoring.</p><p> As their membership association, EuroGeographics is committed to supporting European NMCAs as they improve access to their rich source of trusted, authoritative geospatial information.</p><p> EuroGeographics is an independent international not-for-profit organisation representing Europe’s National Mapping, Cadastral and Land Registration Authorities. We believe in a society empowered by the use of trusted geospatial services from these official national sources. EuroGeographics strength lies in our extensive membership and we are proud to represent more than 60 organisations from 46 countries covering the whole of geographical Europe. We deliver benefits for each regardless of the geographical, technical, political, organisational, linguistic and business parameters in which they work. We support the public good by representing our members’ interests, maintaining networks that help our members improve their capabilities and role, and by facilitating access to and use of our members’ geospatial data and services.</p><p> EuroGeographics’ has the strategic objective of facilitating access to our members’ authoritative data for international users of harmonised, pan-European, geospatial information and services. It coordinates the compilation and production of pan-European datasets, and has been active in exploring the development of online services. The Open European Location Services (Open ELS) project has developed services to demonstrate and test the level of interest in pan-European authoritative geospatial information. EuroGeographics has coordinated this two-year project which was co-financed by the European Union’s Connecting Europe Facility working with partners from member organisations in Finland, Germany, Great Britain, Norway, Poland, Spain, Sweden and The Netherlands. The Project has focused on facilitating access to, and encouraging the take up and use of this information, and is strongly user orientated with a programme of activities to support the digital economy.</p><p> As well as test services, an Open ELS data policy has been developed which applies only to the geospatial pan-European data and services developed and maintained by EuroGeographics and its members through the Open ELS Project. The Policy was drafted using research which revealed the scope of open geospatial data from official national sources across Europe, and revealed the diversity of policy, business and legal approaches across Europe to what is ‘open’ data.</p><p> Additional research, carried out by Deloitte and EuroGeographics, found that small and medium sized enterprises (SMEs) in Europe have a strong appetite for more cross-border authoritative data which could help them improve their product and service offerings, save money and become more competitive. The research highlighted four potential benefits from providing harmonised single access to pan-European geospatial information: The possibility to improve existing products and services offering; the possibility to develop new products and services; the reduced time and costs of dealing with different national mapping and cadastral agencies; and the reduced time and costs for acquiring and accessing data.</p><p> Key findings from these research activities will be presented, along with an outline of the project, and what it has achieved.</p>
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Vuković, Ivan. "Development of European Union and joining perspective of Croatia." Tourism and hospitality management 13, no. 2 (June 2007): 507–14. http://dx.doi.org/10.20867/thm.13.2.7.
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In this paper we researched European Union starting with the Agreement from Maastrich from year 1992, even though the European Union has a long traditional history and its origin is founded on regulations of economical integrations in Europe beginning from the 1950’s through the Roman treaty from year 1957 and the forming of the European Union Committee in year 1965. Further we follow her expansion and introduction of the European economic and monetary policy, to last, the joining perspective of Croatia. According to the Agreement from Maastrich, European Union lies on three posts: 1) Legal-political and regulative post, 2) Economical post, where the forming of European economical and monetary policy is in the first plan, especially the introducing of Euro as the unique European currency, 3) Post of Mutual foreign security policy within European Union. In that context we need to highlight the research conducted here and in European Union, including the world, regarding development of European Union and its economical, legal, political and cultural, as well as foreign diplomatic results, which are all perspectives of European Union. All the scientists and researches which were involved in exploring the development of EU with its modern tendencies and development perspective, agree that extraordinary results are achieved regards to economical, legal, political, foreign-security and diplomatic views, even tough many repercussions exist in progress of some particular members and within the EU as a whole. The biggest controversy arises in the perspective and expanding of European Union regarding ratification of the Constitution of EU from particular country members, but especially after the referendum was refused from two European countries, France and Netherlands. According to some estimates, the Constitution of EU would have difficulty to be adopted in Switzerland and some other Scandinavian countries, but also in Great Britain and other very developed countries. However the European Community and European Union were developing and expanding towards third European countries, regardless of Constitutional non-existence, where we can assume that if and when the Constitution of EU will be ratified, the EU will further develop as one of the most modern communities. This will enable economical development, especially development of European business, unique European market and free trade of goods and services, market of financial capital and labour market in free movement of labour. Being that EU has become one of the most largest dominating markets in the world, it offers a possibility to all new members to divide labour by using modern knowledge and high technology which insure economical, social and political prosperity. This results to forming a society of European countries which will guarantee all rights and freedom of development for all nations and ethnic groups. As well as, all European countries with somewhat less sovereignty, but in international relations will be stronger and significant, not only in sense of economics, but also in politics and military diplomatic relations. Therefore, Croatia has no choice and perspective if she does not join the European Union till year 2010, but until than it needs to create its strategy of economical and scientific-technological development, including demographic development, which will insure equal progress of Croatia as an equal member of European Union.
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Brienen, Marion, Ernestine Hoegen, and Marc Groenhuijsen. "Evaluation and Meta-Evaluation of the Effectiveness of Victim-Oriented Legal Reform in Europe." Criminologie 33, no. 1 (October 2, 2002): 121–44. http://dx.doi.org/10.7202/004710ar.
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Abstract The 1985 UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, and the Council of Europe's Recommendation (85) 11 on the Position of the Victim in the Framework of Criminal Law and Procedure are important documents that reflect an international consensus on legal rights for victims. In many European jurisdictions, such victims' rights have been introduced or improved upon. However, they are often not used as intended or remain virtually dormant. The UN has therefore adopted a Resolution and drafted a manual on ways to facilitate effective implementation. In addition, certain jurisdictions have proved sensitive to implementation problems. The Netherlands, for example, put the new Victim Act into effect on an experimental basis in two legal districts to carefully evaluate the effects of new provisions, and to apply the resulting knowledge when expanding its territorial scope. However, more sophisticated instruments are needed to set implementation parameters at a supra-national level. To this effect, we conducted a comparative study of both a legal and empirical nature in 22 member states of the Council of Europe. The study revealed, inter alia, critical factors of failure or success. The workings of these critical factors in the implementation of Recommendation (85) 11 are demonstrated by drawing upon illustrations taken from the reality of certain jurisdictions. The examples are subdivided into four major themes: information, compensation, treatment and protection. As the second guideline of Recommendation (85) 11 expresses, the creation of a formal duty for the police to provide victims with information about the possibilities of obtaining assistance, legal aid and compensation is vital. However, in half of the jurisdictions, no such reform has been implemented. Our study reveals that critical factors of failure are, among other things, a widespread conceptualization of the victim as an alleged victim and the creation of an information duty for the judicial authorities instead of for the police. In jurisdictions where an information duty has been created, failure depends, first of all, on whether the police are content with a symbolic fulfillment of this task. Critical factors needed to improve successful implementation are the creation of organizational incentives, monitoring systems, and systematic referral to victim support, legal aid and social or counseling services. A final step to improve implementation of information duties would be financial compensation earned for victim-related activities carried out by the police and other authorities. Concerning compensation, research reveals that the compensation order, particularly the English one, is more successful than the partie civile model or the Dutch compensation measure. The most important critical factor of success of the compensation order is that it is a penal sanction, enforcable by the state. This means that civil liability is not a prerequisite and that the court can order an amount of compensation it considers appropriate while taking the financial capacity of the offender into account. Furthermore, the court is obliged to consider making a compensation order and to explain why it was not imposed. A critical factor of failure of the partie civile model is that it includes an easy escape clause: claims can be referred to civil court. A critical factor of failure of the compensation measure is that it is a penal sanction governed by civil law. In practice, it resembles the traditional partie civile model: the two are blended into one. The way victims are treated by criminal justice authorities can be improved by providing victim-awareness training. A critical factor of failure is to only train recruits. Training is only effective if it is extended to incumbent personnel. Giving refresher courses and measuring the effects of training in performance assessments are factors contributing to success. A critical factor of failure in such training for judicial authorities is the argument that it would compromise their independence. Critical factors to improve the questioning of victims are the provision of specific training courses and the creation of special facilities, e.g. interviewing studios for children, suites for victims of sexual offences, audio-video recording of pre-trial examinations and video-linked questioning. Such reform measures benefit the quality of the criminal justice process as a whole and therefore prove to be successful. A common manner of protecting victims is to allow that a trial, or a part thereof, be conducted in camera. A critical factor of failure is the (very) reluctant attitude of the judiciary toward holding a trial behind closed doors. A critical factor of success is the creation of a formal duty for the court to hold all cases involving sexual offences in camera. We can conclude that successful implementation of victim-oriented reforms depends on, inter alia, the clarity and conciseness of reform measures, the absence of easy escape clauses, the attitude of criminal justice authorities, and whether the reforms also benefit the offender and/or the criminal justice system as a whole.
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Sieburgh, Carla. "The Attribution of Acts: Towards a Principled Assessment under EU and National Private Law." European Review of Private Law 24, Issue 3/4 (June 1, 2016): 645–71. http://dx.doi.org/10.54648/erpl2016039.
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Abstract: Attribution of conduct almost necessarily touches upon the essence of a person, be it a private person (a natural person or a private legal person) or a public person. The result of such attribution may substantially restructure the essence of that person. Through attribution, a court moulds the person to whom the act is attributed into a shape that fits in with the court’s understanding of justice or of what a desirable result is. To prevent the ends envisioned by the court to drive it mechanically to attribute conduct to a person as if it were that person’s own conduct, a refined and balanced approach to attribution has to be adopted. The court must balance the interests of the person to whom the act is to be attributed, the interests of society as a whole, and the protection of the legitimate and reasonable expectations of third parties. With regard to the attribution of unlawful acts, the reasoning of the Supreme Court of the Netherlands in the case of Knabbel en Babbel may be a source of inspiration: The conduct of a person will constitute an (unlawful) act of another person if it is generally held in society that the conduct must be considered to be that other person’s act. Attribution of conduct of person A to person B as if it were person B’s own conduct can follow from the nature of A’s conduct and capacity, viewed against the background of relevant acts, omissions, and circumstances within the sphere of responsibility of B. Rather than proceeding on the basis of one principle that may be upheld or rejected in favour of another principle, it is advisable to start assessing attributability on the basis of all interconnected principles and interests. The assessment of attribution, which takes place in fields such as state liability, state aid, competition law, public procurement law, and the provision of Internet services, will thus reflect a broader range of arguments. Those arguments may derive from the fields of international and supranational laws just mentioned, from the branch in which a legal person is active, from private law doctrines regarding attribution (the protection of legitimate expectations within the ambit of agency law, the attribution of acts to a state, to a company, or to an employer on the basis of authority, the attribution of unlawful acts to a state, to an enterprise, or to an employer), and from human rights law. An approach is thus called for that seeks to reconcile respect for different aspects of persons: One may act as an official who observes the applicable regulations or as a person making use of one’s freedom of expression. This will improve the level of substantive justice achieved by the judgment.
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Prasov, Oleksandr, and Yuliia Abakumova. "PRINCIPLES AND PROBLEMS OF FINANCIAL PROVISION OF EDUCATION TO PERSONS SENTENCED TO IMPRISONMENT." Baltic Journal of Economic Studies 6, no. 4 (November 24, 2020): 141–48. http://dx.doi.org/10.30525/2256-0742/2020-6-4-141-148.
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The purpose of the article is to study the economic and legal problems of financing the education of persons sentenced to imprisonment, realization of their constitutional right and to propose to eliminate existing gaps in the legislation. Methodology. The survey is based on an analysis of the principles of financing education, including prison education, on the procedure and problems of financing education for persons sentenced to imprisonment. The principles, good practice and problems of providing educational services in Singapore, Japan, Hong Kong, South Korea, Finland, the Netherlands, Canada, Poland, Germany, Ireland, Great Britain, the USA, Estonia, Kazakhstan, Ukraine, the Russian Federation are considered. Sourcing of education (state, non-state and mixed) are investigated. The analysis of macro indicators of social and economic development of the countries, in which certain system of financing of education operates, is carried out. Emphasis is placed on the fact that the country's development largely depends on the share of gross domestic product spent on research. Only if the cost of science exceeds 0.9% of gross domestic product, it can be said about the impact of science on the development of the state economy. It is concluded that most European countries use the so-called principle of "funding formula", according to which the state allocates financial resources to higher education institutions in amounts determined by special indicators, such as high quality of education, number of students, labor intensity and material consumption of the education process. Results. In the process of studying the state policy on financing the educational system, it has been concluded that tthe most developed countries with a sufficiently high level of gross domestic product per capita have the state system of financing higher education. The main positive feature of penitentiary educational systems is their focus on the prisoner as an individual to provide his or her needs, the opportunity to acquire professional skills and, in the future, to integrate into society and restore his or her social status easily. The authors also conclude that due to certain difficulties in obtaining education by prisoners, namely, most of these persons cannot get an education because they are in isolation from society, their attendance at school is impossible, the way out of this situation is distance learning. Practical implications. . Proposals have been made, according to which higher education for persons sentenced to imprisonment should be regarded as paid activity along with work, and the possibility of obtaining distance education should be enshrined in law. Value/originality. The article provides proposals for amendments to the legislation in the field of education for persons sentenced to imprisonment in some post-Soviet countries for the harmonization of regulations.
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Jansen, Henrike. "The space for strategic manoeuvring in adjudicating a freedom of speech case in the Netherlands." Journal of Argumentation in Context 6, no. 2 (October 16, 2017): 105–36. http://dx.doi.org/10.1075/jaic.6.2.01jan.
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Abstract In this article it is shown that the institutional preconditions of the activity type adjudicating a freedom of speech case leave much room for strategic manoeuvring with topical selection. To this end, an analysis is presented of the argumentation of the District Court in a case against the Dutch anti-immigration politician Geert Wilders. In order to show the space for manoeuvring, this argumentation, resulting in acquittal, is compared with the argumentation put forward by the Court of Appeal, which had ordered, after the Public Prosecution Service’s refusal to do so, that Wilders be prosecuted. The analysis shows that the District Court made ample use of the space for manoeuvring provided at the normative level concerning the interpretation of legal rules and case law, and the space provided at the factual level of classifying the contested facts in light of the previously identified meaning of a rule.
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Atmadja, Sardjana. "“Halal” Abortion in Perspective Common Law system,Civil Law System and Ius Constituendum : Towards Legality and Safety." Avicenna Medical Journal 1, no. 2 (November 10, 2020): 17–24. http://dx.doi.org/10.15408/avicenna.v1i2.17657.
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Background: To safe services in hygienic conditions must be made widely available and affordable, so that the stigma associated with providing and obtaining abortions can lessen and safe services can become normal and accepted, abortion is broadly legal, widely available and safe in Indonesia.Objective: The purpose of this article to discuss ius constituendum on abortion in Indonesia from criminal law perspective between Common Law System and Civil Law System.In Indonesia Ius Contituendum on abortion is not directed to legalization of abortion as carried out both in Netherland and USA but tends to be harmonized with therapeutic abortion concept both medical and psychiatric fields.Material and Method: Systematic review of studies evaluating the prevalence of unsafe abortion in Indonesia.Results: The public health tragedy caused by unsafe abortion is all the more so because it is largely preventable, by improving the quality and availability of post abortion care, by making abortion legal and increasing access to safe services, and—because almost every abortion is preceded by an unintended pregnancy—by expanding access to contraceptive information and services. Restrictive laws have much less impact on stopping women from ending an unwanted pregnancy than on forcing those who are determined to do so to seek out clandestine means. Ironically, the abortion laws governing of Indonesia is holdovers from the colonial era.Conclutions: “Halal” abortion is making a significant contribution toward reducing the need for abortion altogether and the likelihood of unsafe abortion by bringing down the rates of unintended pregnancy. This is also helping to reduce complications of unsafe abortion through its support for programs to increase access to and improve post abortion care. This includes not only treatment for septic or incomplete abortion, but also essential post abortion.Keywords: “Halal” abortion, the public health tragedy, unintended pregnancy Common law system,Civil law system and Ius Constituendum.
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Hazafi, Zoltán, and Edit Kajtár. "The Impact of COVID on the Development of HRM in Public Service." Belügyi Szemle 70, no. 1. ksz. (March 17, 2022): 88–106. http://dx.doi.org/10.38146/bsz.spec.2022.1.5.
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COVID has had an immense impact on HRM. The aim of this paper is to examine international responses and detect best practices. We analyse a variety of methods, techniques, trends and ideas from all over the world. Insights from Hungary, Austria, Germany, Spain, Italy, Portugal, the Netherlands, the United Kingdom, Ireland, the US and Canada are considered. Work has been transported to virtual space. Home office has grown into being the engine of public service development. It is likely that the future will be characterised by hybrid models. Online operation is intertwined with numerous issues, such as: simplification and increased efficiency of procedures, legal regulation of the transformation and data protection. Numerous questions require our answer as regards the use of virtual space: How will teamwork function? What adjustments are required in learning and development schemes? What is the new role of leaders? How can we assure mental health? How do we promote resilience? Another trend concerns digitalisation of recruitment and selection. Digitalisation is spilling over to the neighbouring areas, such as job branding, mobility management and onboarding. How will the post-COVID era look like? The scale of HRM changes ranges from mere adjustment to paradigm shift. Areas of utmost importance include: consequences of accelerated digital transformation, growing importance of IT skills, new methodology for learning and development, demand for resiliency, sustainable development, efficiency, social dialogue as well as restoration of trust between employer and employee. Public service has to adapt to the modified socio-economic environment. Its structure and functioning require reform. This process incorporates the hope that digitalisation can bring qualitative changes in the functioning of public service. COVID has also brought about a chance to take advantage of the possibilities digital technology can offer. It has enabled us to reinvent the functioning of the state on a higher level.
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Azcarate-Aguerre, Juan F., Tillmann Klein, Thaleia Konstantinou, and Martijn Veerman. "Facades-as-a-Service: The Role of Technology in the Circular Servitisation of the Building Envelope." Applied Sciences 12, no. 3 (January 25, 2022): 1267. http://dx.doi.org/10.3390/app12031267.
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The servitisation of the built environment, through the implementation of product–service systems, is considered a promising business strategy to achieve a circular economy transition. This servitisation faces a number of practical challenges, among them the technological readiness and effective integration and application of existing and emerging products, manufacturing processes, and digital monitoring and management tools. The research builds on targeted literature review, and on a research-through-design approach based on full-scale pilot projects developed in an ongoing feedback loop between researchers, planners, and industry partners representing both the demand and supply sides of the façade industry in the Netherlands. The paper analyses the technical implementation challenges currently preventing the façade industry from adopting performance-based contracts. It then proposes the roles that existing and emerging digital design and engineering technologies, manufacturing processes, and asset management systems can play in the development, implementation, and fulfilment of such contracts. The paper proposes a multi-stakeholder, systemic model for the development and application of façade technologies capable of overcoming many of the technical implementation barriers to the delivery of performance-based contracts for integrated facades. From this it concludes that an effective development of building technologies should strategically align with the solving of economic and contractual challenges such as circularity-readiness, profitability, risk distribution, legal demarcation, performance monitoring, and residual value stewardship. The resulting framework provides a strategic and conceptual basis for the development of circularity-enabling façade technologies, accounting for the diverse and sometimes conflicting interests of the multitude of stakeholders involved throughout a project’s lifecycle. The framework aims to support planners, manufacturers, and builders accelerate the circular deep energy renovation of the built environment while also exploring new business opportunities.