Journal articles on the topic 'Medical laws and legislation – France'
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1
Dyuka, A. "LEGAL REGULATIONS OF ART IN FRENCH LEGISLATION." Reproductive Medicine, no. 2(43) (June 20, 2020): 17–21. http://dx.doi.org/10.37800/rm2020-1-11.
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France is one of the rare countries which implements the fundamental mechanism for improving legislation on Bioethics. Since 1994, every five years bioethics laws are revised in order to follow medical advances (medicine), authorize new practices and impose restrictions, expressly in order to guarantee the fundamental principles laid down by the Law N94-653 of 29 July 1994 (dignity, primacy of the human person, inviolability, integrity and non-ownership of the human body and its elements). Medically assisted procreation (ART) is one of the fields under regular review. This article outlines the French law on ART and surrogacy. In spite of the fact that surrogacy is prohibited in France, the infertile couples seek surrogacy outside of the country. Over the last few years, under pressure from the ECHR and expressly to protect child interests, the French relaxed their position in order to recognize the affiliation of children born from surrogacy. The current revision of bioethical laws aims, among other things, to open up access to ART for all women (including single women and lesbian couples) and to simplify the recognition in France of the affiliation of children born by surrogacy abroad.
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Veshi, Denard, and Gerald Neitzke. "Advance Directives in Some Western European Countries: A Legal and Ethical Comparison between Spain, France, England, and Germany." European Journal of Health Law 22, no. 4 (July 31, 2015): 321–45. http://dx.doi.org/10.1163/15718093-12341368.
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We have studied national laws on advance directives in various Western European countries: Romance-speaking countries (Italy, France, Portugal, and Spain), English-speaking countries (Ireland and the United Kingdom), and German-speaking countries (Austria, Germany, and Switzerland). We distinguish two potentially complementary types of advance medical declaration: the ‘living will’ and the nomination of a legal proxy. After examining the similarities and differences between countries, we analyse in detail the legislation of four countries (Spain, France, England, and Germany), since the other countries in this survey have similar legal principles and/or a similar political approach. In conclusion, we note that in all the countries examined, advance directives have been seen as an instrument to enable the patient’s right to self-determination. Notwithstanding, in Romance-speaking countries, the involvement of physicians in the end-of-life process and risks arising from the execution of advance directives were also considered.
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Taylor, Simon. "Clinical Negligence Reform: Lessons from France?" International and Comparative Law Quarterly 52, no. 3 (July 2003): 737–47. http://dx.doi.org/10.1093/iclq/52.3.737.
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On 4 March 2002, the French legislature enacted the ‘Patients’ Rights & Quality of the Health System Act’ which introduces reforms in the relationship between the medical profession and the patient.1 As part of this wider reform, Part IV of the Act establishes a new system for the compensation of victims of medical accidents. The new legislation retains the traditional liability rules but puts in place a parallel system which aims to guarantee compensation for serious accidents, whether or not the accident is caused by negligence, without the need to resort to litigation in these cases. The new French rules are of considerable interest in view of the current debate in the United Kingdom on clinical negligence reform.
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Latham, Melanie. "Regulating the New Reproductive Technologies: A Cross-Channel Comparison." Medical Law International 3, no. 2-3 (March 1998): 89–115. http://dx.doi.org/10.1177/096853329800300301.
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In Britain and in France medical developments in the new reproductive technologies (NRTS) have proceeded at a similar pace. Both countries have been at the forefront of progress. Statutes seeking to answer the dilemmas posed by that progress were passed in 1990 in Britain and in 1994 in France. These have in some respects been markedly different. The process of legislating to regulate assisted conception has proved to be much more problematic in France than in Britain due to the ambitions of the French and the existence of Constitutional rights which impinged on the substance of any new laws. The outcome in three key areas of the debate, namely controlling access to assisted conception, defining parenthood and defining the status of the embryo, reveals fundamental divisions between understandings of law and culture in these two major European states. Taken as a whole the three laws of 1994 in France, for example, afford protection much more substantially to the child and the embryo than the Human Fertilisation and Embryology Act 1990. What this paper seeks to do then is to explore the response in France and Britain to these three issues, to evaluate the reasons for each jurisdiction's response to them and finally, perhaps intrepidly, to conclude whether France or Britain has offered the better solution to the problems of modern reproductive medicine.
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Vilcu, Alexandra. "Tendencies of High-Skilled Migration coming from Romania. Favourable Legislation and Social Policies." European Journal of Social Sciences Education and Research 1, no. 1 (May 1, 2014): 65. http://dx.doi.org/10.26417/ejser.v1i1.p65-69.
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The external migration of a significant part of Romania's high-skilled population is a social phenomenon which became increasingly frequent starting from the 1990s, right after the fall of the communist regime. The basis for this phenomenon consists of several causes: globalization, the strengthening of international economic relations, and later on, Romania's adhesion to the European Union. Research has shown that of all high-skilled population, the professionals who emigrate more frequently consist of engineers, teachers, medical staff, scientific researchers, economists and architects. Besides, the chosen destinations have been variable throughout time. The first phase in time took place in the 1990s, when a large part of the high-skilled population chose to emigrate for professional purposes in countries such as The United States of America, Canada, Germany or Israel. The second important phase occurred after year 2000, when the focus was placed on EU countries, especially after Romania's integration. Apart from temporary unqualified migration, the number of high-skilled migrants and those who leave the country to continue their studies also soared. The chosen countries generally include Great Britain, Germany, Belgium, France and Austria. Given these differences in the tendencies of high-skilled migration, this paper will offer an insight on how the phenomenon evolved, and the factors that caused these variations in space and time. Most likely, some of the countries that were preferred have been facilitating the integration of high-skilled immigrants in society, as opposed to unqualified ones, through a selective set of laws and social policies which are meant to favour this social category. Therefore, we will discover and analyze various examples and benefits of legislation and social policies which offered social protection to high-skilledimmigrants in various countries. This paper is made and published under the aegis of the Research Institute for Quality of Life, Romanian Academy, as part of the programme co-funded by the European Union within the Operational Sectorial Programme for Human Resources Development, through the Project for Pluri and Interdisciplinarity in doctoral and post-doctoral programmes. Project code: POSDRU/159/1.5/S/141086
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Absalyamova, Violetta G. "THE CIVIL LAW REGIME OF GENETIC INFORMATION IN THE CONTEXT OF BIOETHICS." Tyumen State University Herald. Social, Economic, and Law Research 8, no. 3 (2022): 76–89. http://dx.doi.org/10.21684/2411-7897-2022-8-3-76-89.
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The main purpose of this article is to review the legal aspects governing genetic testing and the processing of genetic test results in several countries and to point out similarities and differences. The article discusses the reasons for creating a unified standard to ensure protection, storage, transmission, processing, and analysis of genetic data. In modern Russian conditions, the issues of information leakage from such institutions, which take place in foreign countries, are not yet relevant. This is largely due to the fact that legal regulation of relevant social relations in Russia is just beginning to emerge, so there is every reason to believe that such problems will arise and will require a solution. The methodological basis of the study consists of empirical methods of comparison and description, as well as the private-scientific method of comparative law —- comparative analysis of the legislation of the Russian Federation, France, the United States of America and the People’s Republic of China. The analysis examines and analyzes controversial aspects of the regulation of this issue at the level of national legislation and proposes amendments to the Federal Law “On Personal Data” taking into account global trends. Genetic testing has become part of the diagnosis of an increasing number of medical conditions, while genetic testing methods have entered the era of high throughput, allowing both diagnostics and medical research to address many complex issues. Genetic testing, outside of the public health system, has become important in addressing a multitude of issues, yet legislation on genetic testing in many countries lags behind. The author concludes that in this context, a broad discussion and subsequent adoption of a law “On Cybersecurity” in the Russian Federation is necessary, some of whose conceptual provisions can be adopted by the national legal system to improve the current legislation on the protection of genetic information.
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Barbu, Raluca Maria. "Fertility Tourism: The legal side of this phenomenon without borders." Bioethica 8, no. 1 (April 10, 2022): 48–65. http://dx.doi.org/10.12681/bioeth.30542.
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Fertility, reproductive or procreative tourism are all new terms which designate a growing trend of the 21st century, namely the movement of people to other countries in order to undergo fertility treatment. Thus, this phenomenon implies multiple legal, bioethical, sociological issues and more, which need to be taken into consideration both by the national policymakers and by the ones seeking for such treatments abroad. This review article will try to offer a bigger picture by focusing on the particularities of the national laws on medical assisted reproduction of four representative EU countries, namely Germany, Austria, Italy and France and on interpreting how the restrictions in one state could boost the fertility tourism industry in other ones. The situation in each country will be depicted in a comparative manner, tackling the legislation, regulations and even relevant domestic jurisprudence on topics such as gamete donation and its anonymity regime, post-mortem reproduction, surrogacy services and cryopreservation. Moreover, it will be determined who is entitled to have fertility treatment in each of the countries subject of the analysis and how do these states fund the procedures. Furthermore, the most popular non-EU countries of destination will be presented and why one would prefer to undergo fertility treatment there. In the end, the review article will reflect if there are indeed real chances of creating strong national,European or international policies regarding fertility treatments.
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Bévière, Bénédicte, and Anne-Marie Duguet. "Access to Health Care for Illegal Immigrants: A Specific Organisation in France." European Journal of Health Law 18, no. 1 (2011): 27–35. http://dx.doi.org/10.1163/157180911x551899.
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AbstractHealth care is a fundamental human right in Europe, and all Member States recognise everyone’s right to the access to preventive healthcare and to receive medical care in the event of sickness or pregnancy. Nevertheless, this right is focused on citizens and the application to migrants, particularly undocumented migrants, varies widely in the EU. The French legislation is organized with a humanitarian approach. In this article, the authors present the French system of social protection, the “Couverture médicale universelle” or CMU, which provides the same protection to asylum seekers and documented immigrants as to nationals, and the “Aide médicale d’état” or AME, that is open to every person who does not fulfil the legal conditions to obtain the CMU, such as illegal immigrants. Created in 1995, recently access to the AME has been restricted. A claim of discrimination has been rejected by the Conseil d’Etat and 215 000 persons received the AME in 2009. The expenses incurred by the AME increased by 17% in 2010, and there is a debate in Parliament to limit care and to ask the recipient for a financial contribution.
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Giustiniani, Matteo, Umberto M. Musazzi, Paola Minghetti, and Donatella Paolino. "Radiopharmaceutical preparations: what are the legislative differences across Europe?" Journal of Pharmaceutical Health Services Research 12, no. 3 (July 21, 2021): 363–68. http://dx.doi.org/10.1093/jphsr/rmab033.
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Abstract Objectives Radiopharmaceuticals, since the discovery of the first medical application of radioactive isotope, have been essential therapeutics for the diagnosis and treatment of numerous diseases. Since the Directive 2001/83/EC entered in force, European regulatory authorities have established a harmonised framework to set quality requirements for the industrial production of radiopharmaceuticals. However, little is known about the harmonisation of extemporaneous preparation of radiopharmaceutical preparations (EPRPs) among European countries. In this context, this study aims to provide an overview of the national regulatory framework on the production of EPRPs of five European countries (i.e. UK, Spain, France, Germany and Italy). Methods Five different national regulatory frameworks were compared based on the results of a literature search on electronic databases (i.e. PubMed, Google scholar). Key findings Unlike industrially produced radiopharmaceuticals, the results highlighted that the regulatory framework on EPRPs is still not fully harmonised at the European level and many provisions are regulated by local national laws. Similarities and differences exist among the European countries, both regarding quality standards and educational courses the operators involved in the preparation of EPRPs have to attend. Conclusions The regulatory framework on the EPRPs is still not harmonised at the European level affecting the access to therapies of European citizens who are not equally guaranteed when an extemporaneous radiopharmaceutical has to be prepared to meet their needs.
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Barthélemy, Ernest Joseph, Christopher A. Sarkiss, James Lee, and Raj K. Shrivastava. "The historical origin of the term “meningioma” and the rise of nationalistic neurosurgery." Journal of Neurosurgery 125, no. 5 (November 2016): 1283–90. http://dx.doi.org/10.3171/2015.10.jns15877.
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The historical origin of the meningioma nomenclature unravels interesting social and political aspects about the development of neurosurgery in the late 19th century. The meningioma terminology itself was the subject of nationalistic pride and coincided with the advancement in the rise of medicine in Continental Europe as a professional social enterprise. Progress in naming and understanding these types of tumor was most evident in the nations that successively assumed global leadership in medicine and biomedical science throughout the 19th and 20th centuries, that is, France, Germany, and the United States. In this vignette, the authors delineate the uniqueness of the term “meningioma” as it developed within the historical framework of Continental European concepts of tumor genesis, disease states, and neurosurgery as an emerging discipline culminating in Cushing's Meningiomas text. During the intellectual apogee of the French Enlightenment, Antoine Louis published the first known scientific treatise on meningiomas. Like his father, Jean-Baptiste Louis, Antoine Louis was a renowned military surgeon whose accomplishments were honored with an admission to the Académie royale de chirurgie in 1749. His treatise, Sur les tumeurs fongueuses de la duremère, appeared in 1774. Following this era, growing economic depression affecting a frustrated bourgeoisie triggered a tumultuous revolutionary period that destroyed France's Ancien Régime and abolished its university and medical systems. The resulting anarchy was eventually quelled through legislation aiming to satisfy Napoleon's need for qualified military professionals, including physicians and surgeons. These laws laid the foundations for the subsequent flourishing of French medicine throughout the mid-19th century. Subsequent changes to the meningioma nomenclature were authored by intellectual giants of this postrevolutionary period, for example, by the Limogesborn pathologist Jean Cruveilhier known for the term “tumeurs cancéreuses de la duremère,” and the work of histopathologists, such as Hermann Lebert, who were influenced by Pasteur's germ theory and by Bernard's experimental medicine. The final development of the meningioma nomenclature corresponded to the rise of American neurosurgery as a formal academic discipline. This historical period of growth is chronicled in Cushing's text Meningiomas, and it set the scientific stage for the modern developments in meningioma research and surgery that are conducted and employed today.
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Kebranian, Nanor. "Genocide, History, and the Law: Legal Performativity and Recognition of the Armenian Genocide in France and Germany." Holocaust and Genocide Studies 34, no. 2 (2020): 253–73. http://dx.doi.org/10.1093/hgs/dcaa027.
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Abstract Laws regulating historical discourse, or “memory laws,” recognize past injustices, and, as in the case of legislation regarding the Holocaust, may punish denial. They also reflect the geopolitical interests of states or supranational institutions, especially in contested histories, such as the Ottoman Empire’s persecution of Armenian subjects during the First World War. Scholarship on such legislation examines its ethical legitimacy and political impact, debating its effect on free speech and democratic governance. This discourse considers whether memory laws should ever be adopted, whether they actually achieve their goals, and the extent to which they reinforce realpolitik in governing institutions. This article reveals a hitherto little-discussed dimension of laws regulating historical discourse: performativity. Laws have performative effects in the form of meanings, intentions, and interpretations that go beyond the letter of the law. By focusing on Armenian Genocide recognition in France and Germany, this article elucidates the performative aspects of memory laws, revealing thereby underlying ideological biases and political agendas.
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Becker, Catherine. "Hospital-acquired infection reporting laws and legislation." AORN Journal 83, no. 6 (June 2006): 1394–402. http://dx.doi.org/10.1016/s0001-2092(06)60154-3.
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Beare, Tony, Pieter van Os, Andrea Silvestri, Frank P. G. Pötgens, Pierre-Henri Durand, Guillermo Canalejo Lasarte, Anne Robert, et al. "The Compatibility of Exit Tax Legislation Applicable to Corporate Taxpayers in France, Germany, Italy, The Netherlands, Portugal, Spain and The United Kingdom with the EU Freedom of Establishment - Part 3." Intertax 44, Issue 3 (March 1, 2016): 247–65. http://dx.doi.org/10.54648/taxi2016017.
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This three-part article discusses the compatibility of exit tax legislation applicable to corporate taxpayers in France, Germany, Italy, the Netherlands, Portugal, Spain and the United Kingdom with the EU freedom of establishment, especially in the light of the ECJ’s landmark National Grid decision. In part 1, which was published in Intertax volume 44, issue 1, the authors scrutinized whether a company transferring its tax residence or effecting an outbound cross-border conversion has access to Articles 49 and 54 TFEU under the laws of the Member State. It also addressed whether these laws restrict Article 49, and, if so, whether the restriction can be justified and is appropriate to ensure the attainment of its objective. Part 2, which was published in the previous Intertax issue, provided a general overview of the proportionality test in connection with exit tax legislation under Articles 49 and 54 TFEU, and subsequently discussed whether the exit tax legislation in France, Germany, Italy and the Netherlands is proportional. Finally, this part 3 reviews whether the exit tax legislation in Portugal, Spain and the United Kingdom is proportional, addresses which other transactions the ECJ’s exit tax principles apply to, and provides conclusions and recommendations.
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Beare, Tony, Pieter van Os, Andrea Silvestri, Frank P. G. Pötgens, Pierre-Henri Durand, Guillermo Canalejo Lasarte, Anne Robert, et al. "The Compatibility of Exit Tax Legislation Applicable to Corporate Taxpayers in France, Germany, Italy, The Netherlands, Portugal, Spain and The United Kingdom with the EU Freedom of Establishment - Part 2." Intertax 44, Issue 2 (February 1, 2016): 163–79. http://dx.doi.org/10.54648/taxi2016011.
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This three-part article discusses the compatibility of exit tax legislation applicable to corporate taxpayers in France, Germany, Italy, the Netherlands, Portugal, Spain and the United Kingdom with the EU freedom of establishment, especially in the light of the ECJ’s landmark National Grid decision. In part 1, which was published in the previous Intertax issue, the authors scrutinized whether a company transferring its tax residence or effecting an outbound cross-border conversion has access to Articles 49 and 54 TFEU under the laws of the Member State. It also addressed whether these laws restrict Article 49, and, if so, whether the restriction can be justified and is appropriate to ensure the attainment of its objective. Part 2 provides a general overview of the proportionality test in connection with exit tax legislation under Articles 49 and 54 TFEU, and subsequently discusses whether the exit tax legislation in France, Germany, Italy and the Netherlands is proportional. Part 3 of this article, to be published in the next Intertax issue, reviews whether the exit tax legislation in Portugal, Spain and the United Kingdom is proportional, addresses which other transactions the ECJ’s exit tax principles apply to, and provides conclusions and recommendations.
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Haubrich, Dirk. "September 11, Anti-Terror Laws and Civil Liberties: Britain, France and Germany Compared." Government and Opposition 38, no. 1 (2003): 3–28. http://dx.doi.org/10.1111/1477-7053.00002.
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AbstractThe attacks on the United States of America in September 2001 have spurred a rapid implementation of new Anti-Terrorism legislation around the world. In an effort to, ostensibly, safeguard against the repetition of similar events on their own territories, many democracies have taken far-reaching legislative steps that might threaten the ideal of liberty on which their societies have traditionally been built. This article examines the laws introduced in Britain, France and Germany to establish the extent to which civil liberties in eight different categories have been curtailed. It concludes that, despite the otherwise similar characteristics of the countries studied, the legal provisions differ significantly in scope and depth, a fact that might be explained by: the different levels of threat perception; Britain's history of anti-terror legislation; and the respective power balances between judiciaries and legislatures.
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Manzhul, I. "THE INSTITUTE OF CRIMINAL OFFENSES IN THE LEGISLATION OF FOREIGN COUNTRIES." Scientific Notes Series Law 1, no. 12 (October 2022): 195–200. http://dx.doi.org/10.36550/2522-9230-2022-12-195-200.
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The analysis of scientific works on the definition of crime and misdemeanor in the legislation of foreign countries (France, Germany, Switzerland, Austria, Italy, Portugal, Denmark, Poland, Republic of Moldova, Baltic countries, England, USA, Canada) was carried out. It was found that different criteria are used to distinguish between a crime and a misdemeanor in the criminal law of foreign countries: the main ones are: the material criterion (seriousness of the act) in France; a formal criterion (the amount of punishment) in Austria and Germany, in Germany this division is based on the minimum amount of punishment that can be imposed for their commission; formal sign (type of punishment) in Switzerland; form of guilt in Poland. It was concluded that scientists single out a criminal misdemeanor as a special type of criminal offense, which has a relatively low level of public safety, leads to a greater application of the principles of humanism and a regime of responsibility other than crimes. The issue of normative legal acts regulating criminal misdemeanors is considered. It is noted that the law of Switzerland, Italy, Greece, Spain and Portugal has a direct requirement to define misdemeanors in the laws. In other states, the composition of misdemeanors and penalties for them are established both in laws and by-laws. In the author's opinion, it is more expedient to regulate the various aspects of a criminal misdemeanor both by laws and by-laws; the latter detail and concretize the legislative prescriptions, without going beyond them at the same time. The debate on the expediency of adopting an independent (separate) normative act on criminal misdemeanor was considered. Attention is drawn to the argumentation of the advantages of the simplified proceedings of the institution of a criminal misdemeanor and its features, the grounds for its isolation in the criminal legislation. The proposals of specialists regarding the adoption of this practice in Ukraine and its further improvement were considered.
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Agyapong, Vincent IO, and Margo Wrigley. "Mental capacity: legislation and medical treatment decisions in Ireland." Irish Journal of Psychological Medicine 26, no. 1 (March 2009): 37–40. http://dx.doi.org/10.1017/s0790966700000136.
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AbstractThis paper examines mental capacity legislation in Ireland and its implications for medical treatment decisions for people whose capacities are believed to be impaired. It draws on inferences from case laws and legislations in other jurisdictions and concludes that there is an urgent need for the enactment of appropriate mental capacity legislation in Ireland.
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Wong, Marcus. "Doctor in the sky: Medico-legal issues during in-flight emergencies." Medical Law International 17, no. 1-2 (March 2017): 65–98. http://dx.doi.org/10.1177/0968533217705693.
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More people are travelling by air and in-flight medical emergencies are becoming more common. Some in-flight emergencies require assistance from passenger doctors who act as good Samaritans in the sky. Their liability and the associated medico-legal issues of providing assistance in mid-flight emergencies are unknown. Although provisions exist in theory about good Samaritans on the ground, it is unclear to what extent these doctrines are applicable to good Samaritans in the sky. This article examines the obligations, liability and legal protection of doctors when acting as good Samaritans in mid-flight emergencies, regardless of their nationalities. It examines the jurisdiction, existing legislations, case law in the United Kingdom and compares with their equivalence in the United States and to some extent, with the legal provisions in France. In addition to in-flight emergencies, this article reviews airlines’ liability for injuries sustained by passengers during flight. It is concluded that doctors’ liability is unclear and uncertain, their legal protection is inadequate and inconsistent; airlines’ liability is restricted by the courts. Reforms proposed include legislative enactment and extension of commercial airliners’ insurance to accord the deficient legal protection.
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KOBELIANSKA, Oksana I., Tamara K. KOMARNYTSKA, Yuliia S. KUZMENKO, Svitlana M. MAZUR, and Viktoriia O. FILONOVA. "Language Situation and Language Legislation of Ukraine in the Context of Experience of the Countries with Similar Historical Background." Journal of Advanced Research in Law and Economics 9, no. 8 (December 2, 2019): 2643. http://dx.doi.org/10.14505//jarle.v9.8(38).14.
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The paper highlights the peculiarities of language legislation in Ukraine as compared to the corresponding laws of some other countries that have experienced similar language problems concerning the abuse of the national language and forcing the language of the invader. Special attention has been paid to the description of the language laws of Latvia, Lithuania and Republic of Korea as compared to the newly adopted language law of Ukraine. The text of the laws on the languages of Latvia, Lithuania, Republic of Korea and Ukraine were the material of the study. As a supporting material, the texts of the constitutions of Latvia, Ukraine, Moldova, as well as Basic Law: Israel – The Nation-State of the Jewish People, the language law of France, the European Charter for Regional Languages, were used. Many common features have been observed in language legislation of the above-mentioned countries. However, Ukraine seems to have a number of problems concerning implementation of the legislative decisions related to financial issues as well as sporadic character of legal procedures which leads to lack of real legislative mechanisms of language conflict regulation and state control of language legislation implementation.
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Beare, Tony, António Castro Caldas, Aliénor Dony, Pieter van Os, Andrea Silvestri, Frank P. G. Pötgens, Pierre-Henri Durand, et al. "The Compatibility of Exit Tax Legislation Applicable to Corporate Taxpayers in France, Germany, Italy, The Netherlands, Portugal, Spain and The United Kingdom with the EU Freedom of Establishment - Part 1." Intertax 44, Issue 1 (January 1, 2016): 40–62. http://dx.doi.org/10.54648/taxi2016005.
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This three-part article discusses the compatibility of exit tax legislation applicable to corporate taxpayers in France, Germany, Italy, the Netherlands, Portugal, Spain and the United Kingdom with the EU freedom of establishment, especially in the light of the ECJ’s landmark National Grid decision. Part 1 scrutinizes whether a company transferring its tax residence or effecting an outbound cross-border conversion has access to Articles 49 and 54 TFEU under the laws of the Member State. It also addresses whether these laws restrict Article 49, and, if so, whether the restriction can be justified and is appropriate to ensure the attainment of its objective. Parts 2 and 3, each to be published in subsequent Intertax issues, review whether the legislation is proportional, address which other transactions the ECJ’s exit tax principles apply to, and provide conclusions and recommendations.
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Dupagne, Michel. "Regulation of Sexually Explicit Videotex Services in France." Journalism Quarterly 71, no. 1 (March 1994): 121–34. http://dx.doi.org/10.1177/107769909407100112.
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In the mid 1980s, concern arose over the rise of sexually explicit services on the French videotex system. In examining the legal implications of these messageries roses, this article reviews how French courts applied criminal law to penalize providers of allegedly pornographic message services. Although the Tribunal correctionnel de Paris relied on statutory law to resolve the Néron case, it refused to extend existing print and audiovisual media laws to cover videotex, based on a judicial precedent against the applicability of press legislation to broadcasting. In July 1991, the Court of Appeals of Amiens condemned three messagerie rose managers as accomplices of users who had produced pornographic announcements because they had intentionally permitted these actions to occur by providing users the means to publicize messages encouraging debauchery.
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Phillips, MPH, Elyse, and Julie Gazmararian, PhD, MPH. "Implications of prescription drug monitoring and medical cannabis legislation on opioid overdose mortality." Journal of Opioid Management 13, no. 4 (July 1, 2017): 229. http://dx.doi.org/10.5055/jom.2017.0391.
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Objectives: To determine whether specific state legislation has an effect on opioid overdose mortality rates compared to states without those types of legislation. Design: Ecological study estimating opioid-related mortality in states with and without a prescription drug monitoring program (PDMP) and/or medical cannabis legislation.Setting and participants: Opioid-related mortality rates for 50 states and Washington DC from 2011 to 2014 were obtained from CDC WONDER. PDMP data were obtained from the National Alliance for Model State Drug Laws, and data on medical cannabis legislation from the National Organization for the Reform of Marijuana Laws.Main outcomes and measures: The relationship between PDMPs with mandatory access provisions, medical cannabis legislation, and opioid-related mortality rates. Methods: Multivariate repeated measures analysis performed with software and services.Results: Medical cannabis laws were associated with an increase of 21.7 percent in mean age-adjusted opioid-related mortality (p < 0.0001). PDMPs were associated with an increase of 11.4 percent in mean age-adjusted opioid-related mortality (p = 0.005). For every additional year since enactment, mean age-adjusted opioid-related mortality rate increased by 1.7 percent in states with medical cannabis (p = 0.049) and 5.8 percent for states with a PDMP (p = 0.005). Interaction between both types of legislation produced a borderline significant decrease of 10.1 percent (p = 0.055). For every year states had both types of legislation, interaction resulted in a 0.6 percent decrease in rate (p = 0.013).Conclusion: When combined with the availability of medical cannabis as an alternative analgesic therapy, PDMPs may be more effective at decreasing opioid-related mortality.
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Kedia, Yuliia. "Work of collaboration in the creation of literary works under the legislation of Ukraine and France." Theory and Practice of Intellectual Property, no. 6 (June 16, 2021): 24–30. http://dx.doi.org/10.33731/62020.233885.
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Kedya Y. Work of collaboration in the creation of literary works under the legislation of Ukraine and France. This article highlights particular legal frameworks, definition and practice of applicability of co-authorship (works done in collaboration) by publishers and co-authors. In addition, we will cover the differences between the co-authorship upon creation of a work and collective works. The analysis is based, inter alia, on comparison of French Ukrainian laws, thus, giving an opportunityto crystalize particular shortcomings and advantages of set forth by Ukrainian laws related to above matters.The research formulates a comprehensive overview of the defining and basic rulesof co-authorship, comparative analysis of (a) collective works with (b) works of collaboration,as well as analysis of shortcomings and advantages set forth by Ukrainianlaws. The author reviews and analyzes main provisions in Ukrainian legislation, suggestspossible solutions of the main problems, deliberates ways of laws developmentin future. The paper is based on author’s professional experience.Main conclusions of comparative analysis of legal regulation definition of co-authorship definition in Ukraine and France are as follows:
•According to Intellectual Property Code of France only physical persons may be considered co-authors, including literary works. At the same time, Ukrainian law is silent on this matter. It must be noted that according to the Law of Ukraine «On Copyright and Related Rights» (the «Copyright Law»), co-authors are persons whose joint work creates a literary work. At the same time, the definition given to the author by said law limits creative participation to physical person;•The Copyright Law defines the concept and set forth the pre-conditions for co-authorship. However, unlike the French Code of Intellectual Property (Article L113-2), no due attention has been paid to the concept of a collective work. The authors believe that it is advisable to supplement Article 19 of the Copyright Law by (i) the definition of a collective work and (ii) to distinguish between the concepts of a composite work and a collective work;•It is necessary to harmonize the conclusion of an agreement between co-authors in the Civil Code of Ukraine and the Copyright Law;•Research uncovered certain flaws in the conclusion of agreements between co-authorson creation of a collective work;•Examining the Intellectual Property Code of France was helpful for finding the difference between collective works and co-authorship of a particular work.Key words: work of collaboration, composite work, collective work, copyright, intellectual rights, literary work
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Pakyz, Amy L., and Michael B. Edmond. "Influence of State Laws Mandating Reporting of Healthcare-Associated Infections: The Case of Central Line–Associated Bloodstream Infections." Infection Control & Hospital Epidemiology 34, no. 8 (August 2013): 780–84. http://dx.doi.org/10.1086/671280.
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Objective.To evaluate the impact of state laws on reporting of healthcare-associated infections on central line-associated bloodstream infection (CLABSI) rates.Design.Retrospective, cross-sectional study.Methods.Hospital-level administrative and Hospital Compare data were collected on University HealthSystem Consortium hospitals. An ordered probit regression model assessed the association between state legislation and CLABSI standardized infection ratio (SIR). The main independent variable was a state legislation variable concerning 3 legal requirements (data submission, reporting of data to the public, inclusion of facility identifiers in public reports) and was coded for hospitals accordingly located in a state that did not have CLABSI reporting, located in a state that had CLABSI reporting legislation and met 3 legal requirements, or located in a state that had CLABSI reporting but did not meet the 3 legal requirements. A secondary analysis ascertained whether the mean state SIR values differed among the 3 legislation groups.Results.There were 159 hospitals included; 92 were located in states that had CLABSI reporting and met 3 requirements, 33 were located in states that had reporting but did not meet the 3 requirements, and 34 were in states that had no legislation. There was no effect of state legislation group on CLABSI SIR. There were no significant differences in the mean state CLABSI SIRs among the legislation groups.Conclusions.In this sample of academic medical centers, there was no evidence of an effect of state HAI laws on CLABSI occurrence. The impact of state legislation may be lessened by other CLABSI prevention initiatives.
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Shearer, Jennifer N., Paul Campbell Erwin, Sharon K. Davis, Joel G. Anderson, and Lisa C. Lindley. "Implications of Tennessee's Opioid Legislation for Neonatal Abstinence Syndrome." Policy, Politics, & Nursing Practice 20, no. 3 (August 2019): 153–62. http://dx.doi.org/10.1177/1527154419864540.
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Opioid use during pregnancy is on the rise in the United States. Neonatal abstinence syndrome (NAS), also known as newborn drug withdrawal, is a public health epidemic. Between 2004 and 2014, Tennessee experienced a fivefold increase in NAS hospitalizations, from 1.5 to 8.0 per 1,000 live births. Soaring increases in the number of newborns with NAS nationwide have caught the attention of many federal and state lawmakers, especially given the unknown burdens associated with medical and social services needed by those affected over time. Tennessee opioid-related regulations and laws enacted between 2000 and 2018 were systematically reviewed and analyzed to identify each law's purpose; effects on families and individuals; pros and cons in terms of social, practical, and legal factors; and implications for nursing practice. Our findings were that Tennessee's laws are intended to decrease the number of opioids prescribed, ensure access to continued prenatal care and substance abuse management for mothers with substance use disorders, and reduce the ease of obtaining opioids. We also found that Tennessee lawmakers have enacted laws and regulations aimed at decreasing the abuse of opioids, but not reducing the incidence of NAS. As new laws are considered, it is critical that health care providers and lawmakers work together to ensure that the developed and enacted laws strike a balance between safely managing the care of both pregnant women and their newborns without producing negative outcomes.
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Zielke, Rainer. "Anti-avoidance Legislation of Mayor EC Member Countries with Reference to the 2014 Corporate Income Tax Burden in the Thirty-Four OECD Member Countries: Germany, France, United Kingdom, and Italy Comp." EC Tax Review 23, Issue 2 (March 1, 2014): 102–15. http://dx.doi.org/10.54648/ecta2014011.
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Despite continuous instability in the European Community (EC) its mayor countries Germany, France, the United Kingdom, and Italy exhibit continuously economic growth and stability. According to the International Monetary Fund these European countries have - in this order - the highest gross domestic product in the European Community in 2012. In this article anti-avoidance legislation of - according to the gross domestic product - the four most important EC countries will be reviewed with reference to the tax differential to the thirty-four OECD Member Countries. The pivotal question is, therefore, to what extend can internal tax planning with mayor European countries be optimized by inclusion of anti-avoidance legislation. This article outlines the objectives and concepts of international tax planning with regard to anti-avoidance legislation and provides an overview of the concepts, laws and rules of anti-avoidance legislation in mayor EC Member Countries. After that the advantages and strategies of international tax planning with regard to anti-avoidance legislation in mayor EC Member Countries are deducted where an overview on anti-avoidance legislation of mayor EC Member Countries is provided - also with regard to new tax legislation - and locations for subsidiaries and for parent companies are reviewed. Finally, the concluding remarks are presented. Transfer pricing will not be reviewed here.
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Torre-Schaub, Marta. "Dynamics, Prospects, and Trends in Climate Change Litigation Making Climate Change Emergency a Priority in France." German Law Journal 22, no. 8 (December 2021): 1445–58. http://dx.doi.org/10.1017/glj.2021.86.
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AbstractThis study examines how the climate litigation approach builds pathways to face climate emergency. In light of recent jurisdictional developments, this article underlines the links between legislation, litigation, and public policies to trace ways, progress and obstacles to face it. Those emergent dynamics contribute to build a lasting and sustainable climate change legal regime. Intertwining the different climate disputes in the world and the progress made through the elaboration of different climate laws allow to have a panoramic visibility on this new mode of climate governance which appears in filigree today all over the world and especially in France.
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Makarushkova, A. A., and I. V. Solovyeva. "Comparative Legal Analysis of Modern Civil Law Sources in Russia, France and Germany." Actual Problems of Russian Law 1, no. 12 (January 20, 2020): 149–61. http://dx.doi.org/10.17803/1994-1471.2019.109.12.149-161.
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Based on a comparative legal analysis, the paper discusses modern approaches to the system of sources of civil law in Russia, France and Germany. The authors draw attention to the similarities and differences (in form, name, structure, content, significance) of the sources of civil law of these countries, due to objective and subjective factors, as well as features of their legal systems. It is noted that the range of sources of civil law in France and Germany is much wider than in Russia. Among the sources of civil law of these legal systems, civil codes and laws containing civil law form a common ground for the system. Current trends include significant expansion and complication of the Russian civil law system of sources and its convergence with the laws of France and Germany. The authors conclude that there is a need to systematize and consolidate the detailed system of sources of civil law in Art. 3 of the Civil Code of the Russian Federation, the adjustment of certain legal institutions of French and German civil law in order to improve Russian legislation and develop modern sources of Russian civil law and their system in the context of combining the experience of French and German law with domestic legal traditions.
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Bērziņa, Ieva, and Coline Jeancourt-Galignani. "Comparison of Emergency State Regulation Experiences in Latvia, France and Belgium." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 2, no. 20 (2021): 40–57. http://dx.doi.org/10.25143/socr.20.2021.2.040-057.
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The article analyses the legal framework of emergency state in three countries – Latvia, France and Belgium. The aim of the study is to identify problems thus to improve the national legal framework. Given that the concept of emergency state has gained its relevance in 2020 with the spread of the Covid-19 disease, it has been found that the Emergency State Institute and its legal framework is an important part of every country’s national legal system, as it is a mechanism that helps to strengthen national security in case of external and internal dangers. Analysis of the legal framework of emergency state in Latvia in the context of the selected legal framework of two other countries is an effective way to assess whether the national legal framework requires improvements. In the research such methods were used as cognition, monographic, historical, comparative and analytical method, as well as interpretation of legal provisions recognized in scientific law, which contributed to understanding of the scope of legal norms in national constitutions and other related legislation in the context of the topic. In the result of the study differences in national basic laws and special laws were mainly identified, including the aspect of restriction of human rights, thus contributing to reflection and drawing conclusions on the necessary changes to the national framework. Research also outlines functioning and competence of municipality work in an emergency state.
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Barabash, A. S., and A. L. Repetskaya. "Criminal bankruptcy: comparative analysis and problems of legislative regulation in Russian legislation." Siberian Law Herald 2022.2 (2022): 88–97. http://dx.doi.org/10.26516/2071-8136.2022.2.88.
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The article presents a comparative analysis of the regulation of liability for criminal bankruptcy under the laws of the Russian Federation and countries such as the USA, Germany, Spain, France, Great Britain, Australia. At the same time, not only the current criminal legislation regulating liability for committing crimes in the field of bankruptcy was considered, but also other laws that carry out its legal regulation. Since the registration of crimes related to criminal bankruptcy in the Russian Federation is declining, they are poorly disclosed, and law enforcement practice often considers the actions of suspects as normal relations of economic entities regulated by the Federal Law “On Insolvency (Bankruptcy)” and the Civil Code of the Russian Federation, there are significant difficulties in attracting such persons to criminal liability. In this regard, solving similar problems in the legislation of other countries, identifying the most appropriate and effective ways of government response to criminal bankruptcies was the goal of this study. A comparative analysis of foreign and Russian legislation has shown that in other countries, when regulating liability for various types of criminal bankruptcy, other types of liability are more often used. As a result, it was concluded that criminal law does not always play a decisive role in counteracting criminal bankruptcy, which should be taken into account when improving Russian legislation in this area. This means that countering these economic crimes can be no less effective without the use of criminal repression, but at the same time, the level of inevitability of responsibility can be higher due to the use of other types of it.
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Neilsen, G. A., and F. J. Young. "HIV/AIDS, Advocacy and Anti-Discrimination Legislation—The Australian Response." International Journal of STD & AIDS 5, no. 1 (January 1994): 13–17. http://dx.doi.org/10.1177/095646249400500104.
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This paper will address the role of mass communication strategies in the reduction of HIV/AIDS discrimination in Australia. It will focus on the interdependence of mass communication and legislation in health promotion campaigns with particular reference to the Disability Discrimination Act 1992. This will be discussed in the context of other HIV/AIDS strategies in Australia. The public health impact of discrimination is explored in relation to HIV/AIDS and the role of anti-discrimination legislation is discussed. Public health legislation can serve as a symbolic reflection of public opinion or actively change it. Laws can transform the practices of both public and private institutions and thus decrease discrimination. They can also provide specific remedies for people adversely affected by discriminatory attitudes and practices. Mass communication can maximize the impact of legislation by promoting awareness of new laws and, more importantly, lead changes in the attitudes of the polity and the wider public.
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Karako-Eyal, Nili. "Beyond The Ethical Boundaries Of Solidarity." Texas A&M Law Review 6, no. 2 (January 2019): 345–90. http://dx.doi.org/10.37419/lr.v6.i2.2.
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Mandatory vaccination laws require children to be vaccinated against certain communicable diseases to attend school. These laws also provide exemptions to school vaccination requirements. All states exempt children from vaccination requirements for medical reasons, and most states also provide an exemption for religious and/or other personal reasons. Seven states include an educational component in their religious or philosophical exemption process, requiring that parents receive information regarding the benefits of vaccination and the risks of not being vaccinated. Of these seven states, five require that information regarding the social benefits of vaccination will be provided to parents. This type of legislation is part of an overall trend to tighten the vac- cine exemption process, which is reflected in the vaccination laws of an increasing number of states. Tightening the vaccine exemption process through the addition of administrative requirements has been proven to decrease exemption rates. But this is not the focus of this Article. Instead, the Article focuses on one aspect of the educational component of the legislation—educating parents regarding the social benefits of vaccines. The Article explores the nature of the obligation to be educated regarding the social benefits of vaccines and the potential influence of this legislation on parents’ vaccination decision making. I claim that this legislation should be conceptualized and under- stood through the concept of solidarity. Following this conclusion, I will explore the potential effects of solidarity legislation on parents’ vaccination behavior. For this purpose, two aspects of the legislation will be addressed. First, I will discuss the language included in these laws, which explicitly declare that vaccines have social benefits. I will explore the expressive functions of this language and their potential influence on parental attitudes, beliefs, and behaviors. I will continue by addressing the educational process that this legislation requires. Addressing this aspect of the legislation, I will examine whether providing parents information regarding the social benefits of vaccines through educational encounters is expected to increase their motivation to vaccinate their child.
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Busardò, Francesco Paolo, Matteo Gulino, Simona Napoletano, Simona Zaami, and Paola Frati. "The Evolution of Legislation in the Field of Medically Assisted Reproduction and Embryo Stem Cell Research in European Union Members." BioMed Research International 2014 (2014): 1–14. http://dx.doi.org/10.1155/2014/307160.
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Medically Assisted Reproduction (MAR), involving in vitro fertilisation (IVF), and research on embryos have created expectation to many people affected by infertility; at the same time it has generated a surplus of laws and ethical and social debates. Undoubtedly, MAR represents a rather new medical field and constant developments in medicine and new opportunities continue to defy the attempt to respond to those questions. In this paper, the authors reviewed the current legislation in the 28 EU member states trying to evaluate the different legislation paths adopted over the last 15 years and highlighting those EU countries with no specific legislation in place and MAR is covered by a general health Law and those countries in which there are no laws in this field but only “guidelines.” The second aim of this work has been to compare MAR legislation and embryo research in EU countries, which derive from different origins ranging from an extremely prohibitive approach versus a liberal one, going through a cautious regulatory approach.
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Sharif, Ammara, Shan Ali, Amina Iqbal, and Mahrukh Khalid. "Public Policy Barricading the Foreign Arbitral Award: A Comparative Analysis between UK, USA & France." International Journal of Criminology and Sociology 10 (December 31, 2021): 1765–76. http://dx.doi.org/10.6000/1929-4409.2021.10.199.
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The concept of public policy in International Arbitration is still extremely contentious, controversial, and complicated in modern times. Although legislation related to arbitration and practise have attempted to harmonise public policy so that parties may benefit from a globally recognised idea, judicial courts have made this effort almost difficult by giving a very loose & broad definition in the name of public policy. Moreover, the New York Convention gives little direction to national courts on how to interpret the public policy claim. In the name of local contract laws and fundamental principles of a nation, judge keeps hampering the enforcement of foreign award. Internal Law Association attempted to resolve this contention but couldn't come up with a definite definition which limits the policy in a closed structure. Despite the ambiguity of the issue, national courts in most developed arbitral countries interpret public policy narrowly. Because industrialised countries' courts typically see arbitral awards as a separate aspect of public policy; they are pro-enforcement. In this article we will comprehensively elaborate this attitude, legislation and case law study of developed nations like USA, UK and France.
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Gabay, Michael. "RxLegal: A Rapid Review of Right-To-Try." Hospital Pharmacy 53, no. 4 (June 20, 2018): 234–35. http://dx.doi.org/10.1177/0018578718783992.
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Right-to-try legislation is intended to allow patients with life-threatening illnesses access to investigational medical treatments without formal Food and Drug Administration (FDA) involvement. Currently, right-to-try laws have been enacted in 40 states. Despite the increased passage of right-to-try legislation at the state level, individuals have detailed arguments both for and against these laws. Proponents state that right-to-try removes regulatory burdens and improves timely access to potentially lifesaving medications for terminally ill patients, reduces inequalities regarding access, and improves patient-provider communication and decision making. Opponents argue that right-to-try does not really guarantee access, reinforces preexisting health care inequalities, prioritizes rapid access over safety and the interests of the individual over the public, and produces concerns regarding informed consent. Despite these issues, right-to-try has recently gained traction on the federal level with both Congressional chambers passing separate bills.
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Ziller, Jacques. "National Constitutional Concepts in the New Constitution for Europe." European Constitutional Law Review 1, no. 3 (October 2005): 452–80. http://dx.doi.org/10.1017/s1574019605004529.
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Precedents in European Union member states for the negative referenda in France and The Netherlands on the Constitution for Europe. Evolution of the investiture of the Commission: parallel with France under Third and Fourth Republic. Double headed executive (President of the European Council and President of the Commission) and ‘double hats’ (Union Minister for Foreign Affairs) in line of the European constitutional tradition. The unborn ‘Legislative Council’ and its Austrian and German counterparts. The aborted ‘Congress of the Peoples of Europe’: forum for ‘State of the Union’ speech, not a electoral body. Protection of minority rights in the Constitution for Europe due to insistence of the Hungarian government; foreign to the dominant Western constitutional concepts. Representative democracy and the formal concept of law: European Laws and Framework Laws as ‘Acts of Parliament’. Strict limits on the possibility to delegate legislation: German, Italian, French roots. European Laws and Regulations: unachieved hierarchy and French precedent. Judiciary as a relative minor branch of government as in the British and French traditions. No German Verfassungsbeschwerde or Spanish recurso de amparo, but probably more annulment procedures and preliminary questions on legality and constitutionality than before. Parallels with German federal concepts: Union Law über Alles; no rigid Kompetenzkatolog and joint competences; distribution of competences not limited to law-making. More than lip service to decentralisation. Constitutional ping-pong and intertwined constitutionalism: territories d'outre- mer and outermost regions.
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Reilly, Jacquie, and Jacqueline M. Atkinson. "The Use of Capacity Criteria in Mental Health Laws in the UK." History & Philosophy of Psychology 13, no. 1 (2011): 52–56. http://dx.doi.org/10.53841/bpshpp.2011.13.1.52.
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For the first time in the UK, the Mental Health (Care and Treatment) (Scotland) Act 2003 introduced a capacity-based criterion for compulsory treatment or detention under the law, namely, impaired ability to make medical decisions. This followed the introduction of the Adults with Incapacity (Scotland) Act 2000. This is significantly different from England which has two separate Acts like Scotland but there is a lack of a capacity criterion in the Mental Health Act 2007. In Northern Ireland a Bill being put before the Assembly in 2011 aims to combine mental health and capacity laws as one piece of legislation, which will be the first of its kind in the world. This paper explores the concept of capacity in relation to mental illness, looks at the three approaches to legislation in the UK and draws together ideas around the pros and cons of using capacity criteria in mental health legislation.
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Sakuta, Tsutomu. "New mental health legislation in Japan." Psychiatric Bulletin 15, no. 9 (September 1991): 559–61. http://dx.doi.org/10.1192/pb.15.9.559.
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In Japan the Mentally Disordered Persons Supervision and Protection Law (1901) and the Mental Hospital Law (1919) used to be the main laws for mentally disordered people. Subsequently, the Mental Hygiene Law came into force in 1950 but was criticised as it had restrained admitted patients and the provisions for procedures for the release of patients were inadequate. The purpose of the old law was to give medical treatment and custody to mentally disordered persons and to maintain and improve the mental health of the nation. In the revised law, enacted in July 1988, acceleration of social rehabilitation of mentally disordered persons and promotion of their well-being were added.
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Kolodchyna, R. "LEGAL STATUS OF MEDICAL WORKERS WHO PROVIDE PSYCHIATRIC HELP." Scientific Notes Series Law 1, no. 12 (October 2022): 212–17. http://dx.doi.org/10.36550/2522-9230-2022-12-212-217.
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The scientific article is devoted to the problems of legal regulation of the legal status of medical workers who provide psychiatric care. The norms of legislation and by-laws that regulate the work of psychiatrists were studied. The papers of scientists who researched the legal status of doctors were reviewed. It is stated that the legal status of medical workers who provide psychiatric care is determined by the Labor Code of Ukraine, the Fundamentals of Health Care Legislation, the Law of Ukraine On Psychiatric Care, and by-laws of Ukraine. The theoretical foundations of the legal status of doctors who provide psychiatric care were studied. It is proposed to define the legal status of psychiatrists as a set of special rights, duties, legal restrictions, and terms of employment that determine the provision of medical care to persons suffering from mental illnesses. The requirements for the level of education and qualification of medical workers who provide psychiatric care are determined. The special professional rights and duties of medical workers during the provision of medical care were studied. The peculiarities of the legal regulation of working time and rest time of psychiatrists were studied. Features of criminal and administrative liability for violation of patients’ rights were established. A list of legal restrictions was established for medical professionals regarding the advertising and distribution of medicinal products obtained directly from pharmaceutical manufacturers. Proposals for amendments to the current legislation to improve the legal status of medical workers who provide psychiatric care have been formulated. It is proposed to enshrine in the Law of Ukraine On Psychiatric Care the peculiarities of legal regulation of labor relations of employees of health care institutions that provide psychiatric care. It is necessary to establish administrative responsibility for patients’ rights violations during the provision of psychiatric care in KUpAP.
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Rednikova, Tatiana Vladimirovna. "Biosecurity Law in the Context of National Security: New Threats and Countermeasures." Юридические исследования, no. 2 (February 2023): 1–10. http://dx.doi.org/10.25136/2409-7136.2023.2.39687.
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Today, the Russian Federation has a number of strategic planning documents, federal laws, by-laws, SanPiNs and GOSTs in place to ensure the medical and biological safety of the population. The system of environmental protection legislation and legislation in the field of health care and sanitary and epidemiological support, the norms of which regulate, to some extent, the issues of ensuring medical and biological safety, has developed to a great extent. It should be noted a number of problems inherent in the whole body of legislation regulating various aspects of medical and biological safety, which require a priority solution through the consolidation of efforts of the state and representatives of legal and sectoral sciences, as well as civil society. A characteristic feature of legislation in the field of biomedical safety is that in most cases it develops in response to past or existing threats, although in today's world it is more necessary than ever to develop it in advance, taking into account the foreseeable risks. The large number of rules governing relations in the field of biomedical security, which are often in conflict with each other, greatly complicates their enforcement. Legal science faces an urgent need to develop a strategy (content) and tactics (implementation mechanism) of state-legal policy in the field of ensuring both medical and biological, and inextricably linked to it, environmental security of the state, adequate to the realities of the current stage of social development.
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Paye, Jean-Claude. "France: An Algorithmic Power." Monthly Review 67, no. 9 (February 1, 2016): 1. http://dx.doi.org/10.14452/mr-067-09-2016-02_1.
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The Paris attacks of November 13, 2015, demonstrate, if such a demonstration is still necessary, that the aim of new French intelligence laws is not to anticipate or prevent terrorist attacks, but simply to eliminate the private lives of French citizens. President Hollande's statements that delays in implementing the law were behind the "failure" of the intelligence services are a denial of the fact that this legislation only confirms existing practices. The Law on Intelligence, just like the law on military planning, is mainly an attack on private freedoms. The state of emergency will likewise eliminate public freedoms.… Following the November 13 massacres, the government is already considering changes to the Law on Intelligence, with the aim of "eas[ing] the procedures the intelligence services must follow when they would like to use means of surveillance." Yet this law does not establish any controls over the activities of the secret services. It does set up a National Control Commission, but this body has no effective possibility of carrying out its mission, and can only offer recommendations. It is not a question, then, of eliminating a control that does not exist, but of signaling that the very idea of monitoring the executive branch should be abandoned—a clear signal that no limitation can or should be placed on its actions.<p class="mrlink"><p class="mrpurchaselink"><a href="http://monthlyreview.org/index/volume-67-number-9" title="Vol. 67, No. 9: February 2016" target="_self">Click here to purchase a PDF version of this article at the <em>Monthly Review</em> website.</a></p>
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Manderson, Desmond. "Rules and Practices: The “British System” in Australia." Journal of Drug Issues 22, no. 3 (July 1992): 521–33. http://dx.doi.org/10.1177/002204269202200305.
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The article discusses the implementation of legislation concerning “dangerous drugs” in Australia from the 1930s. Although these laws and regulations clearly prohibited their consumption for non-medical purposes and their prescription “merely for the purposes of addiction,” a system developed which nevertheless allowed the continued maintenance of addicts under medical supervision and remained in place until the 1960s. Contrasts are drawn between the image of evil drug use, which was addressed by legislation and condemned by politicians, and the reality of addiction in Australia, which was in practice tolerated and treated as an illness rather than as a vice. The existence of this double standard is used to highlight the fact that the reality of drug use and drug enforcement cannot simply be gleaned by interpreting laws: their administration and the social practices with which they must interact often change and modify their effect in a complex manner.
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Zhao, Junfeng, Jingjing Wu, and Yi Yang. "A sociosemiotic exploration of medical legislation reform in China (1990–2021)." International Journal of Legal Discourse 6, no. 2 (November 24, 2021): 203–28. http://dx.doi.org/10.1515/ijld-2021-2054.
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Abstract The medical service system is an important guarantee for human rights to survival, health and development of every social member, and thus it is significant to explore, interpret and explain the diachronic construction for its legislative reform. In a corpus approach, the study firstly collects the medical-related statutes from 1990 to 2021 in China to build the P.R.C. Medical Legislation Corpus (PRCMLC), and analyzes the keywords and their collocation in the exploratory, explosive and expanding phase of the medical legislative reform. Secondly, from the perspectives of sociosemiotics, the PRCMLC data is combined with the concrete medical laws and regulations for further discussion of the MSS, MIS, DSS and PHS in legislative system. Thirdly, the study explores the core legislative ideas and the relationships among the subsystems in the diachronic analysis, which provide a general overview of the legislative objects, target, participants and mechanisms in the medical reform of China.
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Hampson, Judith E. "A Decade of European Legislation — Can we Legislate for Humanity?" Alternatives to Laboratory Animals 18, no. 1_part_1 (November 1990): 75–81. http://dx.doi.org/10.1177/026119299001800111.1.
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The establishment throughout Europe, during the last decade, of legislation to control animal experiments, is described. The effectiveness of such laws to achieve their objectives is discussed. In particular, the effectiveness of costs against benefit as a part of project authorisation, is considered.
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Varul, Paul. "The Creation of New Estonian Private Law." European Review of Private Law 16, Issue 1 (February 1, 2008): 95–109. http://dx.doi.org/10.54648/erpl2008005.
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Abstract: The article gives an overview of how new legislation was drafted and adopted in Estonia after the country regained its independence. Estonia was one of the republics of the Soviet Union and became independent again in 1991. The new situation suddenly necessitated new legislation, which had to suit a democratic state with a market economy, and also be in line with the standards of developed European countries. It took ten years (1991–2001) to create the new legislation, the cornerstones of which are the Civil Code and the Commercial Code. The Civil Code was adopted in five parts: the General Part of the Civil Code Act (1994, replaced with a new version in 2001), Family Law Act (1995), Law of Property Act (1993), Law of Succession Act (1997) and Law of Obligations Act (2001); the Commercial Code was passed in 1995. The article introduces the content of all the aforementioned laws. The comparative method was the main method in drafting the new laws. The laws of Germany, the Netherlands, Switzerland, Austria, France, Italy, and the Scandinavian countries, as well as the Civil Codes of the State of Louisiana and the Province of Quebec were followed as the most important examples. Internationally harmonized legislation, such as the Vienna Convention on Contracts for the International Sale of Goods, as well as sample laws such as the Principles of European Contract Law and Principles of International Commercial Contracts were also used as sources. Drafting the new private law legislation largely fell into the period when Estonia was a candidate state to the European Union, which is why he European Union law was already taken into account when preparing the drafts. By the time Estonia became a Member State of the EU (2004), its private law legislation was in harmony with the EU requirements. Although the legislations of former USSR republics and socialist countries have developed at varying paces, the legislative analysis of Estonia, which is the subject of the article, also reflects the developments of the ‘countries in transition’ that are in the same situation and where new social and economic conditions necessitated new laws. A major objective in drafting the new laws was to make them understandable and acceptable to persons from other countries, thus paving the way for international cooperation. Résumé: L’article donne un aperçu de la manière dont l’Estonie, de nouveau indépendante, a procédé à l’élaboration et à l’adoption d’une nouvelle législation. L’Estonie est une ancienne République de l’Union soviétique qui regagna son indépendance en 1991. Dans ce nouveau contexte, le besoin s’est rapidement fait sentir d’avoir une législation qui soit adaptée à un État démocratique, dans lequel fonctionne l’économie de marché et qui satisfasse aux normes des pays développés de l’Europe. L’Estonie a mis dix ans (de 1991 à 2001) pour établir une nouvelle législation, dont les principaux textes de base sont le Code civil et le Code de commerce. Le Code civil a été adopté en cinq parties: la loi relative à la partie gènérale du Code civil (1994, remplacée par une nouvelle version en 2001), la loi sur la famille (1995), la loi sur les biens (1993), la loi sur les successions (1997) et la loi sur les obligations (2001), le Code de commer
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Manderson, Desmond. "Trends and Influences in the History of Australian Drug Legislation." Journal of Drug Issues 22, no. 3 (July 1992): 507–20. http://dx.doi.org/10.1177/002204269202200304.
Full textAbstract:
In this article the author briefly traces some features in the emergence in Australia of legislation controlling “dangerous drugs” such as opium, morphine, cocaine and heroin from 1900 to 1950. It is argued that, in common with other similar countries, the first laws prohibiting the non-medical use of drugs were enacted as a symptom of anti-Chinese racism and not out of any concern for the health of users. It is further argued that later laws, which built upon that precedent, developed not through any independent assessment of the drug problem in Australia but rather in response to pressure from the international community. Australia's unthinking acceptance of the growing U.S.-led international consensus relating to “dangerous drugs” influenced legislation, policy and attitudes to illicit drug use. The structure of drug control which emerged incorporated and promoted the fears, values and solutions of other societies without any assessment of their validity or appropriateness.
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Сидоренко, Элина, and Elina Sidorenko. "SUBJECT OF TRANSNATIONAL BRIBERY IN THE CRIMINAL LEGISLATION OF FOREIGN COUNTRIES: THE MAIN APPROACHES." Journal of Foreign Legislation and Comparative Law 2, no. 1 (March 16, 2016): 0. http://dx.doi.org/10.12737/18181.
Full textAbstract:
This paper presents a comparative analysis of the criminal legislation of the USA, Germany and France in terms of responsibility for the regulation of active and passive bribery of foreign public officials and officials of public international organizations. The focus is on consistency between national law and the provisions of the Convention of the Organization for Economic Cooperation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. On the basis of the comparative and formal-legal methods, the author reveals a number of features that allow to speak of a legal models to counter transnational bribery. The study of criminal law, special laws and judicial precedents it possible to designate a tendency to expand the subjects of international bribery by members of the judiciary, a representative of non-governmental organizations and to identify main approaches to the development of Russia’s criminal policy.
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Kartini, Sri, Fadjrin Wira Perdana, Irwan Irwan, Doharmam Lumban Tungkup, and Miran Miran. "Identifikasi Berbagai Masalah Yuridis dalam Formulasi Perundang-Undangan Pidana." Jurnal Indonesia Sosial Sains 3, no. 6 (June 25, 2022): 1035–43. http://dx.doi.org/10.36418/jiss.v3i6.671.
Full textAbstract:
Criminal law contains several regulations containing prohibitions and requirements determined by the state and if these are violated, they are accompanied by criminal threats. Acts against the law in criminal law are regulated in the Criminal Code (KUHP), while criminal laws outside the Criminal Code are referred to as special crimes. However, several policies on the formulation of criminal provisions contain juridical problems. The purpose of this research is to identify various juridical problems in the formulation of criminal legislation. The research method used in this research is descriptive with a qualitative approach. The results of the study indicate that the identification of various juridical problems in the formulation of legislation includes 1) Juridical Formulation Problems in Provisions of 5 Special Laws outside the Criminal Code; 2) The problem of not determining the formulation of the offense as a "crime or violation"; 3) Juridical Consequences/ Implications That Arise in Determining the Formulation of the Offense. This has a juridical impact in the form of not being able to apply the general rules in Book I (Chapters I-VIII) of the Criminal Code against criminal acts regulated in five special laws outside the Criminal Code.
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Aleksandrova, Anna Victorovna. "Foundations of Pension Legislation in Russia, France, and Great Britain: An Investigation on Political Doctrines in the 17-20th Centuries." Journal of History Culture and Art Research 10, no. 1 (March 31, 2021): 42–58. http://dx.doi.org/10.7596/taksad.v10i1.2943.
Full textAbstract:
The article considers the process of forming conceptual foundations of pension legislation in Russia, France, and Great Britain. The scientists of 17-18th centuries substantiated the right to life and human dignity as the most important human rights. Later, in 19-20th centuries, the right to a dignified existence, the right to assistance from the state in case of disability were formulated. The need for the livelihood of the elderly was recognized by most authors, however, there were serious discrepancies regarding the methods for provision and sources of financing payments. The article considers the pension laws adopted in Great Britain, France, and Russia in the first half of the 20th century that reflected the above concepts anyway. The French pension legislation has embodied the insurance model of pension security and was strongly influenced by Bismarck legislation, while the British one reflected the legislator’s desire to abandon the extremes of the ideology of individualism and ‘self-help’ through the introduction of state budget pensions. In Russia, the origin of compulsory social insurance took place almost simultaneously with Western European countries; however, this process was broken by the revolutionary events of 1917. As a result, a state budgetary pension system was created in Soviet Russia. The author comes to the conclusion about the mutual influence of various models of pension protection, legalized in the first half of the 20th century in the countries under consideration, as well as the special role of social solidarity concepts and the generational contract for the formation of these models.
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Buriak, K. M. "FEATURES OF CONFLICT-OF-LAWS REGULATION OF INTERNATIONAL WORK RELATIONS." Constitutional State, no. 41 (March 17, 2021): 103–8. http://dx.doi.org/10.18524/2411-2054.2021.41.225615.
Full textAbstract:
The article provides a comprehensive legal study of the basic principles of conflict-oflaws and legal regulation of work, complicated by a foreign element. It is determined that work relations complicated by a foreign element include: work of local citizens with foreign employers outside their country; foreign business trips of citizens to work abroad; work at enterprises owned by foreign entrepreneurs on the territory of their state; work of foreigners in the host state. It is noted that conflict-of-laws issues in the field of work relations complicated by a foreign element arise due to the specifics of the national legislation of each of the countries and the inconsistency of private international law in this area. The article analyzes the peculiarities of work of foreigners in Austria, Brazil, Canada, China, Romania, USA, Tunisia, Hungary, Ukraine, France, Germany, Czech Republic, Sweden, Switzerland, Japan. Based on the analysis it is concluded that the working conditions of emigrants are regulated by Public Law Regulations, which are mandatory and less humane in their content than the general conditions established by the general labor legislation and collective agreements. Foreign workers are directly dependent on entrepreneurs due to threats of expulsion, language difficulties, lack of professional training and other reasons. It is characterized by free overtime work, non-provision of vacations and sick leave. The article describes the conflict-of-laws bindings, which regulate work relations complicated by a foreign element, namely: the law of the autonomous will of the parties, the law of the place of performing of work, the law of the location of the employer, the law of the place of conclusion of an employment contract, the principle of the employer's personal law, the law of citizenship (domicile), the law of the flag, the principle of the closest connection. The features of the operation of conflict-of-laws bindings regulating work relations complicated by a foreign element in countries of different legal families are considered