Academic literature on the topic 'New Legality'
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Journal articles on the topic "New Legality"
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Qingqin Fu, Qingqin Fu, Zhengquan Ang Qingqin Fu, Ling Yi Zhengquan Ang, Pingjiang Xu Ling Yi, Jia Liu Pingjiang Xu, Zhaoqing Liang Jia Liu, Lili Fu Zhaoqing Liang, Chaobin Yang Lili Fu, and Gaolin Fan Chaobin Yang. "A New Terminal and Electric Meter Legality Authentication Method." 電腦學刊 32, no. 6 (December 2021): 176–82. http://dx.doi.org/10.53106/199115992021123206015.
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Brand, Jeffrey. "Shapiro’s Legality." Journal of Moral Philosophy 12, no. 1 (January 19, 2015): 83–102. http://dx.doi.org/10.1163/17455243-01201001.
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Scott Shapiro’s Legality provides at once a defense of analytical jurisprudence, an accessible introduction to it, and an important new positivist theory of law. Shapiro seeks to answer the main traditional questions of jurisprudence: “what is it about law that makes it law and not something else?” and “what necessarily follows from the fact that something is law?” His major innovation, building on Michael Bratman’s work, is to re-imagine H. L. A. Hart’s secondary rules, including his ultimate rule of recognition, as plans of a sort. Shapiro’s overarching goal, however, is to show that analytical jurisprudence has practical relevance for lawyers. I argue that his success is limited by his failure to present a coherent theory of how judges are morally permitted to rule, particularly in cases in which the law requires them to reach results that they consider to be unjust.
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Tihomirov, Y. A. "How to Ensure Legality? New Approach." RUSSIAN JUSTICE 8, no. 124 (July 2016): 5–11. http://dx.doi.org/10.17238/2072-909x.2016.8.5-11.
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WOOD, DOUGLAS L. "New Devices in a New Era: Reimbursement and Legality." Journal of Interventional Cardiology 9, no. 2 (April 1996): 179–83. http://dx.doi.org/10.1111/j.1540-8183.1996.tb00613.x.
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Walker, Neil. "Legalising inter-legality." European Law Open 1, no. 1 (March 2022): 216–27. http://dx.doi.org/10.1017/elo.2022.4.
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AbstractThis is a review of the edited collection of Jan Klabbers and Gianluigi Palombella, ‘The Challenge of Inter-Legality’ (Cambridge, 2019). It considers how the volume revisits the influential concept of ‘inter-legally’, introduced by the Portuguese sociologist Boaventura de Sousa Santos 35 years ago. The main focus of the review is an evaluation of the editors' innovative and extended attempt, supported by many of the contributions, to account for inter-legality not simply as a sociological phenomenon - an effect of the interpenetration of legal orders - but as an idea with its own specifically legal content. In so doing, the editors provide a new normative dimension to our understanding of contemporary legal pluralism on the global stage. It is important, however, to continue to recognise the limitations of any single juridical idea in contributing to our understanding of global (in)justice.
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Weiss, R. "Legality of New NRC Rule Is Challenged." Science News 132, no. 20 (November 14, 1987): 309. http://dx.doi.org/10.2307/3972045.
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Станкин, Алексей, and Aleksey Stankin. "About the notion of legality." Advances in Law Studies 1, no. 3 (July 1, 2013): 134–39. http://dx.doi.org/10.12737/522.
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This article deals with basic approaches to the definition of legality by Soviet and Russian scientists. The author gives a new argument that the legality is first of all compliance with the Russian Constitution, federal laws and other legal acts based on them by the citizens, organizations, state authorities, local authorities and officials.
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Partlett, William. "The Legality of Liberal Revolution." Review of Central and East European Law 38, no. 3-4 (2013): 217–37. http://dx.doi.org/10.1163/15730352-00000002.
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Since the fall of communism, liberals have sought to reclaim the mantle of revolution. This new age of liberal revolution, they argue, culminates in a transformative ‘moment’ when the people unite to throw off their shackles and establish a democratic constitution. These founding moments are therefore extraordinary periods of unconstrained politics, where the sovereign people transcend the formal borders of institutionalized politics and legality to draft the constitutional boundaries of their new liberal order. Russian President Boris El’tsin placed his violent and illegal dissolution of the Russian Parliament and period of authoritarian dictatorship within this tradition of liberal revolution. Throughout 1993, El’tsin justified his decision to disband Parliament as the necessary action of an agent of the people in a period of extraordinary (and extralegal) politics. Western commentators have generally placed Russia’s constitutional foundation within this revolutionary paradigm of extraordinary politics. In Russia, however, both El’tsin’s methods and this revolutionary tradition are increasingly viewed with suspicion. This viewpoint is best expressed in the writing of the Chairman of the Russian Constitutional Court, Valerii Zor’kin. Steeped in the anti-revolutionary ideology of the late tsarist Russian constitutionalists, Chairman Zor’kin argues that El’tsin’s actions at the Russian founding helped spawn a culture of lawlessness that has undermined Russian democracy. Although Zor’kin’s approach is flawed, it is an important reminder for liberal constitutional thinkers to reexamine the concrete effects of a desire for a democratically pure founding moment.
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Coupland, Robin M., and Peter Herby. "Review of the legality of weapons: a new approach." International Review of the Red Cross 81, no. 835 (September 1999): 583–92. http://dx.doi.org/10.1017/s1560775500059800.
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Une règle fondamentale du droit international humanitaire dit qu'il est interdit, au cows des hostilités, d'infliger des «maux superflus» aux combattants ennemis. Sur la base de ce concept, l'utilisation d'un certain nombre d'armes ou de munitions a été interdite au cours de ce siècle, comme les armes chimiques ou, plus récemment, les mines antipersonnel. Toutefois, la communauté internationale n'a jamais adopté de critères qui permettent de décider si une arme ou un type de munition est susceptible de causer des «maux superflus». Le Projet SIrUS, lancé par le CICR, a comme objectif de proposer de tels critères. En se basant sur les résultats d'enquêtes statistiques, le Dr Coupland élabore, dans la première partie de l'ouvrage, les bases médicales qui doivent permettre l'élaboration de critères pour évaluer les effets d'une arme. Peter Herby, quant à lui, retrace le cadre juridique etprésente les propositions que le CICR entend soumettre à la XXVIIe Conférence internationale de la Croix-Rouge et du Croissant-Rouge, fin 1999.
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Cooper, Olivia. "Within the Confines of Legality." Undergraduate Research Journal for the Humanities 2, no. 1 (April 1, 2017): 32–38. http://dx.doi.org/10.17161/1808.23871.
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The Œuvre de secours aux enfants (the “Society for Children’s Aid”, or OSE) was one of several humanitarian organizations working within the confines of the Rivesaltes transit camp in southern France during the Second World War. The OSE, a Jewish humanitarian aid organization, was particularly concerned with Jewish child prisoners in transit and internment camps like Rivesaltes. Members of the OSE entered Rivesaltes camp on a daily basis throughout the war in order to distribute food and offer supplementary educational opportunities to the young children interred there. Its primary objective, however, was to oversee the safe removal of as many Jewish children as possible from Rivesaltes. To do this, the OSE relied on its established children’s homes throughout the country, as well as new ones that were instituted during the war, to petition the Vichy government for the liberation of Jewish children from Rivesaltes. These procedures were expensive, bureaucratic, and lengthy; however, they allowed the OSE to secure the release of many Jewish children from Rivesaltes and other camps. Throughout the course of the Second World War, the OSE—operating legally and transparently—succeeded in liberating hundreds of Rivesaltes’s youngest prisoners.
Dissertations / Theses on the topic "New Legality"
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Marcello, Sestieri. ""Inquinamenti" della tipicità nei reati ambientali : L'esempio dell'abusività nel traffico illecito di rifiuti e nei nuovi "ecodelitti"." Doctoral thesis, Luiss Guido Carli, 2021. http://hdl.handle.net/11385/210522.
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Un banco di prova per la “nuova legalità” in materia penale. Gli ostacoli alla tipizzazione della clausola di abusività del traffico illecito di rifiuti. La tipizzazione “in raccordo eziologico” della clausola di abusività degli “ecodelitti”.
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Orford, Anne Margaret. "Securing the new world order: an analysis of representations of the legality of Security Council actions in the post-Cold War era /." Title page, abstract and contents only, 1999. http://web4.library.adelaide.edu.au/theses/09PH/09pho668.pdf.
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Fajardo, Mori Martín. "The Presumption of Labor in the New Labor Procedure Law." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/118189.
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This article focuses on the analysis and use of the institutions that are used in the new work process in order to give effective protection to workers in a process who were imposes a minimum duty of proof, and in turn, serve to combat fraud in hiring.El presente artículo se enfoca en el análisis y usos de las instituciones que se utilizan en el nuevo proceso laboral con el fin de dar un tutela efectiva a aquellos trabajadores dentro de un proceso a quienes se les impone un deber mínimo de probanza, y, a su vez, sirva para combatir el fraude en la contratación laboral.
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BOGA, VICTORIA ALLEGRA. "La retroattività nel sistema penale: prospettive di tutela dell'affidamento." Doctoral thesis, Università degli Studi di Milano-Bicocca, 2022. http://hdl.handle.net/10281/366466.
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Il consociato vanta nei confronti dello Stato un'aspettativa in ordine alla (tendenziale) stabilità delle scelte normative, che si ricollega alla tutela della sicurezza giuridica dei cittadini e alla calcolabilità delle scelte d’azione degli individui. Muovendo dal presupposto che la tutela di tale aspettativa è un elemento indispensabile dello Stato di diritto, nel presente elaborato si approfondiscono gli strumenti predisposti a difesa dell’affidamento, anche in considerazione dei mutamenti che hanno interessato il diritto penale post-moderno.
Se, infatti, nell’ambito del diritto penale si è a lungo ritenuto che la tutela di tale aspettativa necessariamente passasse per il perseguimento dell’ideale – inizialmente ritenuto realizzabile – della certezza del diritto, gli studi più recenti consentono di abbandonare questa illusione. Il tempio di garanzie volte a perseguire l’ideale della certezza, individuate nel divieto di retroattività, nel principio di precisione e di tassatività, nonché nel divieto di applicazione analogica della norma penale, ha mostrato importanti cedimenti.
La certezza del diritto è, infatti, messa in crisi dalla progressiva processualizzazione che ha interessato il sistema penale, da intendersi sia come aumento del ruolo del diritto processuale rispetto a quello sostanziale – che ha portato al superamento della sua concezione come servo muto per arrivare ad una sua qualificazione in termini di socio tiranno – sia come crescente aumento del ruolo del diritto giurisprudenziale a dispetto del diritto di produzione legislativa. Questi fattori hanno così messo in luce l’impossibilità di perseguire l’ideale della certezza del diritto.
Tale maturata consapevolezza consente di far emergere la problematica della disciplina intertemporale del diritto processuale e del diritto giurisprudenziale nel sistema penale, tema, peraltro, di crescente interesse in considerazione dell’aumento del tasso di volatilità del diritto, sia in generale, sia nel settore penale.
Il presente elaborato, dopo aver circoscritto l’ambito di interesse dello studio, ovverosia le modalità di tutela dell’affidamento rispetto alle modifiche legislative processuali e ai mutamenti giurisprudenziali, approfondisce gli strumenti di tutela elaborati negli altri settori dell’ordinamento. A differenza di quello penale, in tali ambiti la tutela dell’aspettativa della sicurezza giuridica è passata per elaborazioni proprie della dottrina, oltre che della giurisprudenza costituzionale, europea e convenzionale, in ragione della mancanza di una norma costituzionale che, analogamente a quanto accade con l’art. 25, co. 2, Cost. per la materia penale, assicurasse una tutela ex ante.The citizen has an expectation towards the State regarding the stability of legislative choices. This legitimate expectation is linked to the protection of the legal security of citizens and the calculability of the choices of action of individuals. Assuming that the protection of this expectation is a fundamental element of the rule of law, this thesis examines in depth the instruments set up to defend this expectation, also considering the developments in post-modern criminal law. From a criminal law perspective it has long been assumed that the protection of such an expectation would necessarily be achieved by the ideal of legal certainty, which was initially considered feasible. However, recent studies have shown that this illusion should be discarded. The traditional legal guarantees (such as the ideal of certainty, the prohibition of retroactivity, the principle of precision and the prohibition of analogical application) have shown significant weaknesses. The principle of certainty of law is, in fact, threatened by the progressive processualisation of the criminal system, as well as by the case law. Furthermore, by virtue of the increasing rate of volatility of the law, this topic is of growing interest. Therefore, the present study deals with the instruments of protection developed in other fields of the legal system, in which the lack of a constitutional prohibition of ex post facto laws has led scholars as well as constitutional, European and conventional case law to find new routes to protect the legitimate expectations of the citizen.
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SERGI, ALBERTO CARMELO GIUSEPPE. "IL POTERE DI ACQUISIZIONE SUCCESSIVA NEL DIRITTO DELLA ESPROPRIAZIONE PER PUBBLICA UTILITÀ TRA PRINCIPIO DI LEGALITÀ E 'GIUSTO EQUILIBRIO'." Doctoral thesis, Università degli Studi di Milano, 2011. http://hdl.handle.net/2434/153101.
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The thesis investigates the unlawful compulsory easements of land issued by Italian public bodies for public use against the statutory provisions of the Statute Concerning the Law and Regulation of Compulsory Purchase for Public Use (Testo unico delle disposizioni legislative e regolamentari in materia di espropriazione per pubblica utilità, d.P.R. 8 giugno 2001, n. 327). In particular the thesis aims at offering an interpretation of the provision set forth in Art. 43 of said statute, which regulates the “Easement for use for the public interest” (“Utilizzazione senza titolo di un bene per scopi di interesse pubblico”). The first chapter is devoted to reconstructing the history and evolution of the legal discipline of compulsive easements and tries to single out the reasons that led to its development. The second chapter analyzes the Italian Constitutional Court and European Court of Human Rights case law in the subject matter. The third chapter offers a critical review of the case law concerning the enforcement of Art. 43. In the fourth chapter I offer a comprehensive interpretation of the statutory provision, with the aim of harmonizing it with the whole legal system, and in particular with the principle of legality and with the principle of ‘just equilibrium’. Finally, the fifth chapter is devoted to the analysis of Ruling n. 293/2010, in which the Italian Constitutional Court held that Art. 43 was unconstitutional because it violated art. 76 of the Italian Constitution. The interpretation of Art. 43 offered in the thesis is based on the need to harmonize its provision with the whole system and therefore to the principle of legality and the principle of proportionality. This was done by reference to the law regulating compulsory purchases set forth in the same statute, which is held to correctly enact said principles. As a result of this interpretation, the scope of the regulation set forth in art. 43, concerning compulsory easement, has been harmonized with said regulation and therefore limited to a much narrower set of cases - with respect to both subject matter and time limits - compared to those which would result admissible under alternative interpretations. According to this interpretation compulsory easement is not conceived as a public power alternative to compulsory purchases, but as part of the same power of expropriation exercised under different forms, in accordance to the evolution of the ordinary procedure into a special one.
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Valentino, A. "IL PRINCIPIO DI LEGALITÀ NEL RAPPORTO TRA L'ORDINAMENTO GIURIDICO ITALIANO E IL SISTEMA DELLA CONVENZIONE EUROPEA DEI DIRITTI DELL'UOMO." Doctoral thesis, Università degli Studi di Milano, 2016. http://hdl.handle.net/2434/355585.
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The principle of legality is one of the fundamental principles of the Italian constitutional system. It requires that an individual prescription must be authorized by an higher norm of the legal system with respect non only to the competence of the issuing authority but also to its normative content.
This principle has had different origins and developments in the European continental States than in the common law systems. It is granted, in the Italian Constitution, at article 25.2 and it needs the so called “riserva di legge” in order to be effective: it requires that all law must be clear, ascertainable and non-retrospective and, overall, that they come from Parliament, the only constitutional organ which is representative of people. In particular, in criminal law it is embodied in the general prohibition of the imposition of criminal sanction for fact or omission that were not criminal at the time at the commission or omission. Instead, in the common law systems, the rule of law is satisfied by both the written than the unwritten law.
This paper addresses the question of whether the interaction between the Italian legal system and that of the European Convention of Human Rights has influenced the practical application of this principle by the Italian courts. In particular, the research analyses what the ECtHR means with the term law and notes that it makes no difference between written and unwritten law. Both of them are law in the meaning of the Convention and the guarantees of the principle of legality apply for one as for the other. In the Italian system the principle is satisfied only by written law and not by the jurisprudence of the courts even if consolidated.
These two different settings have led to the growth of conflicts between the two legal systems and require thinking about the opportunity and the need for the domestic courts and the Strasbourg Court to find a common language when they speak of the rule of law aimed at defining human rights.
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Bardini, Federica. "La nuova disciplina tributaria anti-abuso nel contesto internazionale ed europeo. Analisi critica del regime sanzionatorio alla luce dei principi di legalità e proporzionalità." Doctoral thesis, Università degli studi di Padova, 2018. http://hdl.handle.net/11577/3424918.
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This thesis is the outcome of a research into the notion of tax avoidance or abuse of rights and anti-avoidance rules carried out with the aim of identifying a common legal background at the European level and more generally shared by the OECD Countries under which the new Italian GAAR laid down in art. 10-bis L. n. 212/2000 and the relevant penalty regime should be analysed.
Chapter I explores the meaning of tax avoidance and abusive practices according to the OECD and the European Union legal systems in which Italy takes part, by comparing it with the strictly related concepts of aggressive tax planning (or “ATP”) and Base Erosion and Profit Shifting (or “BEPS”), and by specifying the relations with the civil doctrine of abuse of rights. It provides some essential guidelines on the issue of abuse of rights or tax avoidance to understand the interferences between the different sources of law and overcome the common fragmentation due to the use of different legal terms and their origin from various legal sources or acts having a different legal force (law and soft law).
Chapter II illustrates the anti-tax avoidance strategy promoted by the OECD to fulfil its political Mandate issued by the G20 and which has resulted in the 15 Actions of the BEPS Project and in the drafting of the OECD Model Tax Convention 2017. In particular, it investigates the meaning of abusive practices or tax avoidance at the international level, examines the minimum standard of protection against the improper application for tax avoidance purposes of the provisions of Conventions on Income and Capital to eliminate double taxation (treaty abuse) and explains taxpayers’ and tax advisors’compliance obligations as part of the wider anti-tax avoidance strategy recommended to the OECD Member Countries. The study conducted in this chapter allows to compare art. 10-bis L. n. 212/2000 with the general rule devised to prevent and repress the treaty abuse (the so-called PPT rule), and to assess whether the domestic anti-abuse rule can apply unilaterally in case of absence of Treaty provisions.
Chapter III deals with the European anti-tax avoidance legal framework and investigates with an interdisciplinary approach whether the prohibition of abuse of rights is a general principle of European Union law. The review of the European Court of Justice case law on the general principle of the prohibition of abusive practices and abuse of law, which amounts to the abusive exercise of the European freedoms of movement for tax avoidance purposes, is followed by an analysis of the European sources of tax law which provide for the introduction of anti-abuse clauses and some references to the particular initiatives undertaken to implement the Action Plan for the Digital Single Market. This inquiry is intended to clarify the scope of the Communitarian anti-abuse rules and to verify the consequences of the provisions on the freedoms of movement laid down in the Treaties and in the European Economic Area Agreement in the light of the traditional rule of reason test applied by the ECJ on the national anti-tax avoidance rules. Therefore, it offers a necessary guidance on the verification of compliance of art. 10-bis with the European Union law. This chapter examines the legislative acts aimed to strengthen the exchange of information for tax purposes between taxpayers and Tax Administrations and the Revenue Agencies mutually and to increase the level of cooperation and transparency by intermediaries in the fight against aggressive tax planning.
Chapter IV carries on with the research on the supranational legal framework in which the Italian anti-tax avoidance rules must be taken into account by identifying and examining in depth the European binding principles regarding penalties, gathered from the ECJ case law and laid down in the EU Charter of fundamental rights and the EU Convention on Human Rights. In order to foresee the potential developments of the ECJ case law on penalties for the infringement of the European principle of the prohibition of abusive practices, the dissertation will adopt a multidisciplinary perspective and will not be designed solely to provide the abstract definition of the content and scope of the fundamental principles, specially legality and proportionality, but to make explicit their eventual effects on the penalty regime of abuse of rights or tax avoidance, too.
Finally, Chapter V explains the main stages in the process of codification of the GAAR in the Italian tax system specifying the difference from the civil doctrine of abuse of rights and scrutinizing the content and scope of art. 10-bis L. n. 212/2000 according to the current European Union law.
After an historical background when art. 37-bis D.P.R. n. 600/1973 and the general anti-tax avoidance principle were into force, the current punitive system will be questioned to assess whether it is in accordance with the principles of the tax penalty system, first of all the principles of legality, proportionality and rationality of penalties, with the purpose of detecting the current critical elements and proposing some adjustments to the regulation.
The “compliance test” requires to qualify the legal nature of consequences provided for by art. 10-bis L. n. 212/2000 in case of tax abuse or tax avoidance and to assess the relevance of the anti-abuse ruling as for penalties. It is completed by a comparative analysis with other legal systems characterized by a comprehensive anti-tax avoidance framework, which includes compliance measures like mandatory disclosure rules, penalties for their infringement, tax alert mechanisms and other interpretative instruments in favour of taxpayers.Il presente lavoro è il risultato di una ricerca sulla fattispecie e sulla disciplina dell’elusione fiscale o abuso del diritto che si è condotta con l’obiettivo di individuare un humus comune a livello unionale e, più in generale, condiviso dai Paesi dell’OCSE, alla luce del quale poter valutare la nuova clausola generale antielusiva italiana prevista dall’art. 10-bis L. n. 212/2000 e il corrispondente regime sanzionatorio. Il Capitolo I analizza il significato di elusione fiscale e pratiche abusive secondo il sistema dell’OCSE e l’ordinamento dell’Unione, dei quali il nostro Paese è parte, confrontandolo con gli altri concetti strettamente connessi di pianificazione fiscale aggressiva (Aggressive Tax Planning o “ATP”) ed erosione della base imponibile e trasferimento degli utili (Base Erosion and Profit Shifting o “BEPS”) e precisando i rapporti che intercorrono con la dottrina civilistica dell’abuso del diritto. Esso fornisce alcune linee guida essenziali in materia di abuso del diritto o elusione fiscale per cogliere le interferenze che sussistono fra i diversi livelli di normazione e superare la compartimentazione cui sovente si assiste a causa dell’utilizzo di termini differenti e della loro provenienza da fonti giuridiche di diverso livello o atti aventi un’efficacia giuridica diversa (diritto e soft law). Il Capitolo II illustra la strategia antielusiva articolata che l’OCSE ha promosso in attuazione del mandato politico conferitogli dal G20 e che si è tradotta nelle 15 Azioni del Progetto BEPS e nella redazione del Modello di Convenzione OCSE 2017. In particolare, si intende effettuare una ricognizione del significato di pratiche abusive o elusive a livello internazionale, esaminare lo standard minimo di protezione contro il fenomeno dell’applicazione indebita delle norme delle Convenzioni fiscali contro le doppie imposizioni per fini elusivi (treaty abuse), ed illustrare gli obblighi di compliance a carico dei contribuenti e dei loro consulenti fiscali quali tasselli della più ampia strategia antielusiva raccomandata agli Stati partecipanti. L’analisi condotta in tale capitolo permette di confrontare l’art. 10-bis L. n. 212/2000 con la regola generale concepita per prevenire e reprimere l’abuso delle Convenzioni fiscali (cd. PPT rule) e comprendere se la norma domestica possa trovare applicazione in via unilaterale in mancanza di quest’ultima. Il Capitolo III ricostruisce il quadro giuridico antielusivo dell’Unione e affronta con spirito interdisciplinare la questione se il divieto di abuso del diritto costituisca un principio generale del diritto europeo. L’esame della giurisprudenza della Corte di Giustizia sul principio generale del divieto di pratiche abusive e sul cd. abuse of law, ossia sull’applicazione abusiva delle libertà di circolazione per scopi elusivi, è seguito dall’analisi delle fonti di diritto tributario europeo che prevedono l’introduzione di clausole antiabuso, con cenni anche alle iniziative peculiari intraprese in attuazione del Piano d’azione per un Mercato Unico Digitale. L’indagine è funzionale a chiarire il raggio d’azione delle regole antiabuso di matrice comunitaria e a valutare l’impatto delle libertà sancite dai Trattati e dall’Accordo sullo Spazio Economico Europeo alla luce del tradizionale rule of reason test applicato dalla Corte di Giustizia sulle norme antielusive nazionali, dunque fornisce le indicazioni necessarie per vagliare la conformità dell’art. 10-bis con il diritto dell’Unione ampiamente inteso. In questo capitolo si esaminano anche gli atti legislativi finalizzati ad intensificare lo scambio di informazioni fiscalmente rilevanti fra i contribuenti e le Amministrazioni fiscali e fra queste ultime nei loro rapporti reciproci e ad accrescere il livello di collaborazione e trasparenza da parte degli intermediari nella lotta contro la pianificazione fiscale aggressiva. Il Capitolo IV prosegue la ricerca sulla cornice normativa sovranazionale entro la quale va collocata la disciplina italiana anti-abuso con l’individuazione e l’approfondimento dei principi vincolanti europei in materia sanzionatoria che si desumono dalla giurisprudenza della Corte di Giustizia e che sono sanciti nella Carta di Nizza e nella CEDU. Per intuire anche possibili sviluppi della giurisprudenza sul versante delle sanzioni per violazione del divieto di pratiche abusive, la trattazione avrà un taglio multidisciplinare e sarà diretta non solo a definire in astratto il contenuto e la portata dei principi fondamentali, in specie dei principi di legalità e proporzionalità, ma anche ad esplicitare le loro possibili ricadute sulla disciplina sanzionatoria dell’abuso del diritto o elusione. Infine, il Capitolo V analizza le tappe fondamentali che hanno condotto alla codificazione della norma generale anti-abuso nell’ordinamento tributario italiano, avendo cura di specificare la sua specialità rispetto al concetto di abuso nel diritto civile e soffermandosi sul contenuto e sull’ambito di applicazione dell’art. 10-bis L. n. 212/2000 in base al diritto europeo vigente. Dopo un excursus sul trattamento sanzionatorio delle fattispecie di elusione fiscale e abuso del diritto nella vigenza dell’art. 37-bis del D.P.R. n. 600/1973 e del principio giurisprudenziale antielusivo, si vuole sottoporre a verifica la rispondenza del regime punitivo vigente ai principi che governano il sistema sanzionatorio tributario, e segnatamente ai principi di legalità e proporzionalità e ragionevolezza delle sanzioni, con l’intento di identificare gli attuali profili critici e prospettare possibili interventi di adeguamento della disciplina. Il “test” che ci si propone di effettuare impone una riflessione sulla natura delle conseguenze previste dall’art. 10-bis nei casi di abuso del diritto o elusione fiscale e sul ruolo dell’interpello antiabuso ai fini sanzionatori ed è completato da un’analisi comparatistica con altri ordinamenti che si contraddistinguono per la previsione di un apparato antiabuso complesso, che si articola in strumenti di compliance come il regime di comunicazione obbligatoria degli schemi abusivi assistito a sua volta da sanzioni, sistemi di allerta e altri meccanismi di ausilio interpretativo a favore dei contribuenti.
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Mencacci, Elisa. "Tra pratiche istituzionali, discorsi legali e dispositivi clinici: la narrazione nel processo di richiesta d'asilo. Un'indagine etnografica." Doctoral thesis, Università degli studi di Trento, 2013. https://hdl.handle.net/11572/368866.
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Attraverso questo elaborato s’intende proporre una riflessione critica, circa le valenze politicamente sottese all’utilizzo del dispositivo narrativo all’interno del percorso di richiesta d’asilo politico. Frutto di una ricerca etnografica condotta nel territorio bolognese all’interno di alcuni tra gli snodi principali che compongono questo percorso istituzionale, l’indagine in questione è stata svolta ricorrendo agli strumenti metodologici di cui l’etnografia si avvale.
Un intreccio complesso, composto dall’alternarsi di fasi tese al “controllo†delle trame presenti nelle storie dei richiedenti asilo e alla “produzione†delle caratteristiche che compongono questo specifico soggetto legale, può essere individuato come il fil rouge che lega le tre sezioni etnografiche sui cui si erigono le riflessioni oggetto di questo elaborato. Nella prima parte, infatti, è stato possibile mettere in luce, tramite l’etnografia condotta presso un servizio per il supporto alla Protezione Internazionale, come la storia venga trattata in quanto specchio dell’esperienza trascorsa dai richiedenti, dunque, come elemento da verificare e correggere al fine di mettere a punto un soggetto in grado di performare il ruolo istituzionale assegnatoli. La categoria di trauma viene chiamata in causa in questi contesti come strumento di controllo e di conferma delle trame narrative che richiamano esperienze di violenza o come elemento in grado di “riparare†, se presente nelle relazioni medico-psichiatriche, a quei “buchi di trama†e alla mancanza di linearità talvolta presente nei racconti degli applicanti. Dalla ricerca è emerso come le istituzioni d’asilo riconducano infatti queste imperfezioni narrative sia alla non autenticità delle storie, sia a particolari disfunzioni cognitive, riflesso di malfunzionamenti mnestici spesso concepiti come legati allo stesso concetto di esperienza traumatica. È in questo frangente che i dispositivi clinici di stampo psicologico – psichiatrico vengono eletti a pratica confessionale (Foucault, 2006) segmento di realtà iscrivibile in più ampie “memoro – politiche†(Hacking, 1996) tese al controllo e alla normalizzazione delle memorie e dunque, in questo caso specifico, dell’identità degli applicanti. Questi ultimi aspetti sono stati messi in luce nella seconda e terza delle tre sezioni etnografiche che compongono l’elaborato, rispettivamente frutto di due distinte fasi di osservazione partecipante condotte presso un centro di salute mentale e un servizio teso al collocamento lavorativo di richiedenti asilo e titolari di protezione internazionale gestito da personale con formazione in ambito psicologico.
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Evangelista, Eduardo Rodrigues. "O neoconstitucionalismo como fundamento jurídico do Estado Democrático de Direito e seus reflexos sobre o princípio da legalidade." Pontifícia Universidade Católica de São Paulo, 2015. https://tede2.pucsp.br/handle/handle/6756.
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Previous issue date: 2015-03-19The present paper aims, primarily, at investigating the repercussion on the incidence of the principle of legality of neo-constitutionalism as a legal system established in order to support the Democratic Rule of Law. Thus, in the first chapter, there is an attempt to demonstrate the basics of the formation of the State, with emphasis on its instrumental character, its purpose towards the achievement of the common good and its legal foundation in constitutionalism. In the second chapter, the characterization of the legality in the face of the liberal state and the welfare state was undertaken. In the third chapter, the authors demonstrated the evolution of the Democratic Rule of Law as a political system, which counted on the legal basis of neoconstitutionalism, highlighting the impact thereof for the new design and implementation of the legality
O presente trabalho se propõe, precipuamente, a investigar a repercussão sobre a incidência do princípio da legalidade do neoconstitucionalismo, enquanto sistema jurídico instituído para embasar o Estado Democrático de Direito. Desta maneira, no primeiro capítulo, procurou-se demonstrar as noções básicas da formação do Estado, ressaltando o seu caráter instrumental, sua finalidade voltada para a consecução do bem comum e sua fundamentação jurídica no constitucionalismo. No segundo capítulo, empreendeu-se à caracterização da legalidade em face do Estado Liberal e do Estado Social. No terceiro capítulo, demonstrou-se a evolução para o Estado Democrático de Direito, como sistema político, e que contou com a fundamentação jurídica do neoconstitucionalismo, acentuando os impactos deste para a nova concepção e aplicação da legalidade
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Negrelli, A. "La stabilità degli atti nazionali nel diritto comunitario (provvedimento, contratto, sentenza)." Doctoral thesis, Università degli Studi di Milano, 2011. http://hdl.handle.net/2434/152696.
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The topic of this work is based on comparison of the stability and resistance opposed by national acts, enacted by a judge (sentence) or the Public Administration (act or contract), that are now conclusive because no one has brought the Court before, for challenging their unlawful. the answer to the question initially posed shows the opposite graduation among the measures compared, in the national and European Court of Justice view.
Books on the topic "New Legality"
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Bedjaoui, Mohammed. The new world order and the Security Council: Testing the legality of its acts. Dordrecht: M. Nijhoff Publishers, 1993.
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Red'ko, Aleksandr, and Sergey Nistratov. Control and supervision as guarantees of legality: theoretical and legal aspect. ru: INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1817755.
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For the first time, the monograph examines new phenomena of the political and legal life of the Russian Federation (legal monitoring and international control) as legal instruments that guarantee compliance with the rule of law.
It is intended for cadets, students, adjuncts and teaching staff of educational organizations of the Ministry of Internal Affairs of Russia.
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Wendy, Brown, and Halley Janet E. 1952-, eds. Left legalism/left critique. Durham: Duke University Press, 2002.
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Caterini, Enrico. Il principio di legalità nei rapporti reali. Napoli: Edizioni scientifiche italiane, 1998.
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Hay, David, M.A., LL.M., ed. Words and phrases legally defined. 4th ed. Edinburgh: LexisNexis Butterworths, 2007.
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Paul, Heike, Alexandra Ganser, and Katharina Gerund, eds. Pirates, Drifters, Fugitives. Heidelberg, Germany: Universitätsverlag WINTER, 2012. http://dx.doi.org/10.33675/2012-82538586.
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Figures of mobility appear prominently in US-foundational narratives of ‘discovery,’ the ‘Puritan errand,’ and westward expansion; the protagonists of these hegemonic tales of settlement and nation-building are (mostly) European travellers, pioneers, and colonists. By contrast, figures such as pirates, drifters, and fugitives are for the most part absent from canonical narratives of new world beginnings and may be considered as expressing/representing alternative mobilities. Their stories and their representations raise questions of legitimacy and legality – often from a transnational perspective – and imply a critique of the American empire and its concomitant domestic discourses of marginalization. Yet, pirates, drifters, and fugitives also appear as ambiguous figures with regard to US-exceptionalist rhetoric: they may tap their subversive potential, while they are also bound to and complicit with the ideologies they seek to expose. In the context of the so-called New American Studies and the emergent field of Mobility Studies, this volume investigates these figures in a variety of cultural productions (pamphlets, song lyrics, autobiographies, novels, memorials, legal texts, video, television, and film) from the 17th century to the present.
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The legalist reformation: Law, politics, and ideology in New York, 1920-1980. Chapel Hill: University of North Carolina Press, 2001.
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Zheltov, Maksim. Tunisian Revolution: prerequisites, features, legal grounds. ru: INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1840175.
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The monograph is devoted to the consideration of one of the urgent problems of political theory and practice — the revolution of freedom and dignity in Tunisia, which opened the way for deep democratic transformations in the Islamic country. This revolution has become a convincing example of new, one might say unprecedented before, opportunities for revolutionary renewal of the world within the framework of the current law and without violence, based on revolutionary legality. For the first time in the Islamic world, the possibility of a certain and sufficiently broad cooperation between revolutionary forces and representatives of the former dictatorial power in the country was shown in practice. The main force in the Tunisian Revolution was the masses of the people, who acted independently in the absence of any universally recognized leaders, political parties and movements. Finally, perhaps the highest achievement of the revolution was the adoption of a new constitution that defined the conditions for the subsequent political development of Tunisia.
It is addressed to everyone who is interested in the political development of the modern world. It will be useful for postgraduates and undergraduates studying in the fields of "Political Science" and "Sociology", as well as for university and college teachers.
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Run your own corporation: How to legally operate and properly maintain your company into the future. Minden, NV: BZK Press, 2012.
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Il valore del precedente nel diritto penale: Uno studio sulla dimensione in action della legalità. Torino: G. Giappichelli editore, 2014.
Find full textBook chapters on the topic "New Legality"
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Gillespie, John. "Understanding Legality in Vietnam." In Vietnam's New Order, 137–61. New York: Palgrave Macmillan US, 2007. http://dx.doi.org/10.1057/9780230601970_9.
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MacNeil, Gillian. "A New Way Forward: Advocating a Fullerian Approach to Other Inhumane Acts." In Legality Matters, 155–93. The Hague: T.M.C. Asser Press, 2021. http://dx.doi.org/10.1007/978-94-6265-443-3_6.
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Cliteur, Paul, and Afshin Ellian. "Legality and legitimacy in natural law and legal positivism." In A New Introduction to Jurisprudence, 1–35. New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9780429025464-1.
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Kovaleva, N. N., S. A. Kulikova, and D. A. Karev. "Legality of Sanctional Mechanisms Use in the Internet." In Digital Technologies in the New Socio-Economic Reality, 81–87. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-83175-2_12.
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Hammergren, Linn. "New Influences on Legality and Justice in Latin America." In Routledge Handbook of Law and Society in Latin America, 420–32. Abingdon, Oxon ; New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9781315645193-27.
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Litwack, John M. "Economic Legality and Transition in Russia and Eastern Europe." In The New Palgrave Dictionary of Economics and the Law, 671–73. London: Palgrave Macmillan UK, 2002. http://dx.doi.org/10.1007/978-1-349-74173-1_128.
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Wiącek, Marcin. "Constitutional Crisis in Poland 2015–2016 in the Light of the Rule of Law Principle." In Defending Checks and Balances in EU Member States, 15–33. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_2.
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AbstractThis chapter concerns the constitutional crisis in Poland that began in 2015. It was triggered by appointing judges of the Constitutional Tribunal, by the outgoing Parliament, and then by re-appointing new judges for the same vacancies. Thus, the status of three judges elected by the previous Parliament and three judges elected by the current Parliament remains disputable.One of the crucial elements of the rule of law is the principle of legality. There are two aspects of this principle: the presumption of legality that covers all acts of state bodies; the revoking of this presumption may be performed only within procedures prescribed by the law. The law should indicate a state body competent to revoke the presumption of legality and define the legal effects of such revoking. If the law is incomplete, incoherent or imprecise in that scope—that may lead to legal and political crisis. Polish legislation and Constitution fail to comply with the said standard. This is one of the causes of the constitutional crisis in Poland.In a state governed by the rule of law state bodies should mutually respect their acts. State bodies should not treat acts or decisions issued by other state bodies as invalid or non-existent, unless it is declared within a procedure prescribed by the law. Otherwise, a legal chaos may occur. Courts are not empowered to evaluate the lawfulness of the Tribunal’s judgments. One of the crucial elements of the rule of law principle is the certainty of law.
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Papper, Robert A. "Ethics, Legality and the RTDNA and SPJ Codes of Ethics." In Broadcast News and Writing Stylebook, 1–16. 7th edition. | New York : Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.4324/9780367823030-1.
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Pelotti, S., P. Degli Esposti, V. Mantovani, E. Collina, and G. Pappalardo. "Detection of a New Large Allele at the D17S5 (YNZ22) Locus." In Acta Medicinæ Legalis Vol. XLIV 1994, 76–77. Berlin, Heidelberg: Springer Berlin Heidelberg, 1995. http://dx.doi.org/10.1007/978-3-642-79523-7_24.
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Cuadrado-Quesada, Gabriela. "Groundwater Overexploitation, Changing Crops, A New Wine Region and Legally Binding Allocation Plans." In Water Governance - Concepts, Methods, and Practice, 29–48. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-92778-3_3.
Full textConference papers on the topic "New Legality"
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Bartko, Robert. "THE ENFORCEMENT OF PRINCIPLE ON LEGALITY IN THE HUNGARIAN FIGHT AGAINST THE IRREGULAR MIGRATION." In NORDSCI Conference Proceedings. Saima Consult Ltd, 2021. http://dx.doi.org/10.32008/nordsci2021/b2/v4/25.
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From 2015 Hungary has been permanently affected by the irregular migratory flow, which – already in 2015 - marked a beginning of a new era in the history of European migration. In many European countries, including in Hungary, the public opinion related to irregular migration has forced the legislators to take the necessary and effective measures against it. In Hungary, among others, criminal law has been also in focus. The first step was the construction of the physical border fence, and as a second stage, the Hungarian Parliament adopted the legal framework on its protection. In accordance with this step, new crimes were inserted into the Hungarian Criminal Code, which entered into force in 15 September 2015. These crimes - are called in the Hungarian literature as „crimes against the border barrier” – were the following: unlawful crossing the border barrier, damaging the border barrier and the obstruction on construction work of the border barrier. According to the relevant official statistical data, the number of crimes against the border barrier decreased significantly for the past few years. In contrast to it, the number of the irregular entries or attempts across the border barrier detected by the Hungarian authorities – at least according to the statistical data published by the Hungarian Police Force – are higher than the number of the criminal procedures conducted due to the crimes mentioned. Therefore, the aim of the paper is to present how the principle of „legality” is enforced by the Hungarian authorities concerning the irregular entries and what kind of conclusions can we make according to the criminal-statistical data and to the detected irregular entries. The paper – after presenting the legal background – will analyze the data mentioned above and will try to make legal conclusions and proposals in connection with the fundamental procedural principle mentioned above.
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Sözen, İlyas, Fatih Çam, and Volkan Öngel. "European Union Migration Relations: An Analysis Focused on Macedonia." In International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.01033.
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In the research, the process of the European Union, a candidate, a new member and a negotiating country’s migration experiences are compared (Macedonia, Bulgaria and Turkey). The results of this study are thought to be very important for Macedonia, which is not already negotiating for EU membership, in that it presents the difficulties Macedonia is facing on the way to EU membership. As for the methodology, after the theoretical descriptions which define the borders of the subject are done, economic, politic-legality and social dimensions of international migration are examined. Looked from this point of view, in this study, it is foreseen that becoming an EU member can be a solution to primarily migration “issues” and ethnic conflicts. In the evaluation of the findings which seem to support this hypothesis, the changes seen in the immigration and emigration dynamics of Bulgaria after it was admitted to EU are accepted as valuable data which determine the motivation of this study.
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Čučković, Bojana. "EU ASYLUM SYSTEM IN AND AFTER THE COVID-19 PANDEMIC: DISCLOSING THE WEAKNESSES OF THE CURRENT RULES AND ASSESSING THE PROSPECTS OF THE NEW PACT ON MIGRATION AND ASYLUM." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18297.
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The paper analyses the influence that the Covid-19 pandemic has had on the functioning of the European asylum system. The analysis is divided into three parts and addresses problematic issues associated with different stages of the pandemic. In the first part of the paper, the author outlines the asylum practices of EU Member States in the initial stage of the Covid-19 pandemic during which the pandemic was perceived as a state of emergency. By exploring the legal possibilities to derogate both from the EU asylum rules and international human rights standards, the author offers conclusions as regards limits of derogations and the legality of Member States’ practices, especially their failure to differentiate between rules that are susceptive of being derogated in emergency situations and those that are not. The second part of the paper analyses the current phase of the pandemic in which it is perceived as a 'new normal' and focuses on making the EU asylum system immune to Covid-19 influence to the greatest extent possible and in line with relevant EU and human rights rules. The author insists on the vulnerability as an inherent feature of persons in need of international protection and researches upon the relationship between the two competing interests involved – protection of asylum seekers and ensuring public health as a legitimate reason for restricting certain asylum seekers’ rights. The final part of the paper analyses the prospects of the future EU asylum system, as announced by the New Pact on Migration and Asylum in September 2020, to adapt to the exigencies of both the current Covid-19 crisis and pandemics that are yet to come. With an exclusive focus on referral to Covid-19 and provisions relevant for the current and future pandemics, the author criticizes several solutions included in the instruments that make up the Pact. It is concluded that the Pact failed to offer solutions for problems experienced during the Covid-19 pandemic and that, under the pretext of public health, it prioritizes the interests of Member States over the interests of applicants for international protection.
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Magiru, Anca, and Ionel Magiru. "AMERICAN FILM NOIR, MYSTERY CLASSICS AND LEGAL CLASSROOM: AN E-LEARNING INTERDISCIPLINARY APPROACH." In eLSE 2014. Editura Universitatii Nationale de Aparare "Carol I", 2014. http://dx.doi.org/10.12753/2066-026x-14-102.
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This paper shows how to explore, in the English class for law students, the film noir based on novels, some classic films which are seen as vehicles in order to go deeply into popular beliefs about law and society. The paper wants to be the support for a course to-be syllabus. It will be a systematic, comprehensive film-as-law approach which asks how film about law can constitute a legal culture beyond the film. The paper is an example of law and film studies, itself a sub-discipline of law and cultural studies. Beyond methodological innovation, cultural studies can promote change in legal studies by widening the moments of subjectivity that are even considered in the analysis of law and legality. This research of classic American film noir and mystery classics, based on American cultural studies, political and social conflicts, is quite new in Romania. Therefore, the investigation will be a complex process in which seven classic American film noirs (1940s-1950s) and the novels which they are based on will interact dinamically with the social background in order to create the agenda of changes on the homefront, postwar years, international tensions, gender and family uncertainties in an American unsettled decade. As movies and literature scholarship is one of the most exciting of recent interdisciplnary ventures, it has an enormous potential in the law school classroom as a positive and popular measure. Some general features of the American film noir will provide the background to the topics and the legal system will be set within the framework with\ particular reference to the social conflicts.The way in which law and the protagonists are portrayed in film noir and literature is a fascinating subject for the professors of law and law students. I think that in Romanian law schools, films and classic literature with a legal theme should/could be used to identify various aspects of legal activity ranging from legal practice (i.e. intrinsic lawyer skills including legal argument, negotiation and advocacy) to various aspects of the legal process (e.g. the function of the judge and jury) as well as important elements of legal and ethical theory. I will conduct research on the Law Through Film and Literature with a viewpoint to writing a textbook and related teacher's manual that can be used by myself and other professors to teach this subject.
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Morris, Isabel M., Vivek Kumar, Claire E. White, and Branko Glisic. "Experimental approaches to estimate concrete properties with ground penetrating radar." In IABSE Congress, New York, New York 2019: The Evolving Metropolis. Zurich, Switzerland: International Association for Bridge and Structural Engineering (IABSE), 2019. http://dx.doi.org/10.2749/newyork.2019.2419.
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<p>When faced with the problems of aging infrastructure and historic constructions, there are many unknowns such as physical properties and arrangements of materials. This information is necessary for estimating the capacity, safety, and overall condition and for ensuring successful maintenance or repair of the structure. Often, this information is only available through invasive means, which can be unsightly, legally prohibited, or too expensive. Ground penetrating radar (GPR) is a noninvasive assessment tool successful at infrastructure inspection, feature detection, and condition assessments. An experiment was designed to investigate the ability of GPR to predict the physical properties (compressive strength, young’s modulus, and porosity) of concrete samples. A set of samples with variable properties and mix designs was fabricated. The samples were tested both with traditional methods (physical destructive testing) and by noninvasive GPR scanning at 7, 14, 28, and 56 days. A variety of machine learning approaches were used to investigate correlations between the physical property data and the GPR data, resulting in a model that predicts the density, compressive strength, and porosity of concrete with some success (R<span>2</span>-values between 0.4 and 0.8). This predictive model is currently being further developed and tested on several case studies.</p>
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Bouderhem, Rabai. "AI Regulation in Healthcare: New Paradigms for A Legally Binding Treaty Under the World Health Organization." In 2022 14th International Conference on Computational Intelligence and Communication Networks (CICN). IEEE, 2022. http://dx.doi.org/10.1109/cicn56167.2022.10008303.
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Vivien, Rym. "Développer une culture institutionnelle de l’intégrité au sein de la HES-SO : entre exigences, besoins et réalités." In 2ème Colloque International de Recherche et Action sur l’Intégrité Académique. « Les nouvelles frontières de l’intégrité ». IRAFPA, 2022. http://dx.doi.org/10.56240/cmb9928.
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Swiss higher education institutions are now legally obliged to ensure scientific integrity by drafting regulations and implementing transparent mechanisms in this area. A new National Code of Scientific Integrity has been published in 2021. Simultaneously with the publication of the new Code, the HES-SO Research and Innovation Department of the Rectorate conducted an internal survey in 2021 among the staff and management of the institution.s Various findings emerged, including the need to put in place regulations and mechanisms in the area of scientific integrity, but also to propose training and awareness-raising opportunities for the entire HES-SO academic community. On the basis of these findings and using national recommendations, an « Academic Integrity » action plan has been developed.
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Milojević, Marija. "Usluge stručnog savetnika u krivičnom postupku." In XVI Majsko savetovanje. University of Kragujevac, Faculty of Law, 2020. http://dx.doi.org/10.46793/upk20.417m.
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In this paper, the author analyzes the apprehension of the expert advisor which is legally introduced in the new Criminal Procedure Act in 2011. Providing services in criminal procedure by the experts of the same field of expertise as engaged expert witnesses, is known before in the practice but was given it`s official form with radical tranformation of criminal procedural legislation. Author in this work displays the individuals who are legally authorized to use the services of the expert advisor, ratio and procedural position of the expert advisor in the criminal procedure. Regarding this facts, the author presents similarities and differences between this institute and the other existing institutes. The characteristics of the services provided by the expert- specialist and expert witness in criminal procedure are analyzed and compared with the role which is given to the expert advisor upon the new law. In his remarks, based on the previously given analysis, the author provides the suggestion of the legislation de lege ferenda.
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Milojević, Marija. "Usluge stručnog savetnika u krivičnom postupku." In XVI Majsko savetovanje. University of Kragujevac, Faculty of Law, 2020. http://dx.doi.org/10.46793/upk20.417m.
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In this paper, the author analyzes the apprehension of the expert advisor which is legally introduced in the new Criminal Procedure Act in 2011. Providing services in criminal procedure by the experts of the same field of expertise as engaged expert witnesses, is known before in the practice but was given it`s official form with radical tranformation of criminal procedural legislation. Author in this work displays the individuals who are legally authorized to use the services of the expert advisor, ratio and procedural position of the expert advisor in the criminal procedure. Regarding this facts, the author presents similarities and differences between this institute and the other existing institutes. The characteristics of the services provided by the expert- specialist and expert witness in criminal procedure are analyzed and compared with the role which is given to the expert advisor upon the new law. In his remarks, based on the previously given analysis, the author provides the suggestion of the legislation de lege ferenda.
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Dominguez-Vergara, Nicolas. "TEACHING BASIC QUALITY CONTROL TOOLS BY ANALYZING THE ELECTRICITY SECTOR." In International Conference on Education and New Developments. inScience Press, 2022. http://dx.doi.org/10.36315/2022v1end069.
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"There are many formidable and complex worldwide problems which can be analyzed using quality control tools that spark the interest of engineering students because they are currently important problems which impact their lives. Nowadays, there is a very important discussion on the phasing out of fossil fuels and the increment in the use of renewable energy sources to produce electricity. Solar and wind sources have the disadvantage that they are intermittent and on some days there may not be enough electricity produced from them. Therefore, the supply is reduced despite that the demand is constant or even increased during extreme weather conditions. In Mexico, there is a national debate about modifying several constitutional amendments to the Mexican energy reform of 2013 which allowed private generators to take over most of the electricity market. Among the main questions to answer in Mexico are: is it true that generating electricity from renewable energy sources leads to lower prices for the population? In the case of Mexico, why does the government complain about the electricity generation schemes legally allowed for private generators? The students must learn how to use engineering tools to reach the root of these problems and that there is also the need to search for hard data. The issues are so numerous and complex that a large part of the population is confused about who is right. In class the analysis is sketched, the students are very interested, and participate very actively in the discussion. However, the problem is not analyzed completely because of the time constraints. In this paper we show the analysis of these problems using industrial engineering tools. The objective is to answer these questions. An Ishikawa Diagram, a Decision Tree, a Pareto Diagram, a Quality Deployment Function and a reduced Failure Modes and Effects Analysis have been used to answer these questions. The analysis shows that despite the prices for generation of electricity from renewable energy sources the country does not benefit from most of the electricity businesses given to the private sector in Mexico. The quality control tools taught in engineering courses allow to analyze complex problems if used properly with the data needed for the analysis."
Reports on the topic "New Legality"
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Oviedo, Daniel, Yisseth Scorcia, and Lynn Scholl. Ride-hailing and (dis)Advantage: Perspectives from Users and Non-users. Inter-American Development Bank, September 2021. http://dx.doi.org/10.18235/0003656.
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The introduction of ride-hailing in cities of Latin America and the Caribbean (LAC) remains a relatively new topic in regional research and a contentious issue in local policy and practice. Evidence regarding users and how do they differ from non-users is scarce, and there is little documented evidence about how user preferences and perceptions may influence the uptake of ride-hailing. This paper uses primary data from a survey collected from users and non-users of ride-hailing in Bogotá during 2019 to develop a Latent Class Analysis Model (LCA) to identify clusters of users and non-users of ride-hailing. The paper builds on results from the LCA to reflect on conditions of advantage and disadvantage that may make ride-hailing attractive and beneficial for particular social groups. The paper identifies four unique clusters: Carless middle-income ride-hailing users, Disadvantaged non-users, Young middle-class non-users, and Advantaged ride-hailing users. The research uses data on such perceptions to draw insights that may inform commercial and policy decisions. Findings suggest that issues such as the perception of legality in ride-hailing and aversion to crime play a significant role in the choice of such a mode in the context of Bogotá, particularly among socially and transport advantaged users.
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S. Abdellatif, Omar, Ali Behbehani, and Mauricio Landin. New Zealand COVID-19 Governmental Response. UN Compliance Research Group, July 2021. http://dx.doi.org/10.52008/nz0501.
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The International Health Regulations (2005) are legally binding on 196 States Parties, Including all WHO Member States. The IHR aims to keep the world informed about public health risks, through committing all signatories to cooperate together in combating any future “illness or medical condition, irrespective of origin or source, that presents or could present significant harm to humans.” Under IHR, countries agreed to strengthen their public health capacities and notify the WHO of any such illness in their populations. The WHO would be the centralized body for all countries facing a health threat, with the power to declare a “public health emergency of international concern,” issue recommendations, and work with countries to tackle a crisis. Although, with the sudden and rapid spread of COVID-19 in the world, many countries varied in implementing the WHO guidelines and health recommendations. While some countries followed the WHO guidelines, others imposed travel restrictions against the WHO’s recommendations. Some refused to share their data with the organization. Others banned the export of medical equipment, even in the face of global shortages. The UN Compliance Research group will focus during the current cycle on analyzing the compliance of the WHO member states to the organizations guidelines during the COVID-19 pandemic.
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Hanbali, Layth, Elliot Hannon, Susanna Lehtimaki, Christine McNab, and Nina Schwalbe. Independent Monitoring Mechanism for the Pandemic Accord: Accountability for a safer world. United Nations University International Institute of Global Health, November 2022. http://dx.doi.org/10.37941/rr/2022/1.
Full textAbstract:
To address the challenges in pandemic preparedness and response (PPR), the World Health Assembly (WHA), at a special session in November 2021, established an Intergovernmental Negotiating Body (the INB) and tasked it with drafting a new legal instrument for PPR. During its second meeting in July 2022, the INB decided to develop the accord under Article 19 of the WHO Constitution, which grants the WHO the authority to negotiate a legally-binding Convention or Agreement and requires ratification by countries according to their local laws to enter into force. The aim is to complete negotiations and adopt a new pandemic instrument at the WHA in May 2024. The new legally binding agreement aims to address many of the failures exposed by the COVID-19 pandemic. However, the adoption of such an agreement is not the end of the process but the beginning. The negotiations on the instrument must establish a mechanism to monitor countries' compliance with the accord, particularly on the legally-binding elements. In this paper, we recommend creating such a mechanism as part of the accord: an independent committee of experts that monitors state parties' compliance with the pandemic accord and the timeliness, completeness, and robustness of states’ reports on their obligations. Its primary purpose would be to verify state self-reports by triangulating them with a range of publicly available information, making direct inquiries, and accepting confidential submissions. It would report its findings to a body consisting of or that is directly accountable to heads of state, with a particular focus on elevating instances of non-compliance or inadequate reporting. Its reports would also be available to the public. The proposed design builds on the analysis of strengths and weaknesses of existing monitoring approaches to 11 international treaties and mechanisms within and outside of health, a review of the literature, and interviews and input from more than 40 experts from around the world.
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Kusiak, Chris, Mark D. Bowman, and Arun Prakash. Legal and Permit Loads Evaluation for Indiana Bridges. Purdue University, 2021. http://dx.doi.org/10.5703/1288284317267.
Full textAbstract:
According to federal law, routine commercial vehicles must adhere to certain limits on their load configuration in order to operate legally on interstate highways. However, states may allow for heavier or different load configurations provided that bridges on the state and county highway system are load rated and, if necessary, posted with vehicles that appropriately represent these loads. The state of Indiana allows several classes of vehicles to operate with loads that exceed federal limits, and, presently, several LFD design loads are used to represent these exceptions as state legal loads. This study evaluates the MBE rating loads for their ability to encompass Indiana’s exception vehicles and recommends a set of state rating loads which can replace the current state legal loads and, combined with the MBE rating loads, satisfactorily encompass the load effects due to these exceptions. Comparing moment and shear envelopes on a representative set of bridges, the MBE rating vehicles were found to be insufficient for representing Indiana’s exception vehicles. Three new rating loads are proposed which encompass the exception vehicles efficiently and represent realistic legal loads. Conversely, acceptable HS-20 rating factors are also provided as an alternative to the adoption of these new vehicles. These rating factors, all 1.0 or greater, can ensure a similar level of safety by requiring a specific amount of excess capacity for the HS-20 design load.
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Do, Thao, and Eric Kasper. The Impact of Covid-19 Response Policies on Select Vulnerable Groups in Vietnam. Institute of Development Studies, May 2022. http://dx.doi.org/10.19088/ids.2022.038.
Full textAbstract:
Despite the significant impact of the pandemic’s fourth wave, Vietnam’s overall strategy was seen as well planned with one of the lowest infection rates globally in 2020–2021. In June 2019, an estimated 540,000 Vietnamese migrant workers were recorded working legally in 40 countries and territories, making Vietnam a major labour exporter and one of the top ten countries to receive international remittances. Our research shows how Vietnam’s Covid-19 policy response has influenced Vietnamese migrant workers and counter-trafficking work, particularly in border areas. The research discussed four main findings. Firstly, border closures left many overseas migrant workers vulnerable and led them to rely on people smugglers. Secondly, the suspension of commercial international flights and a lack of transparency and favouritism in allocating seats on repatriation flights left many stranded. Thirdly, the national pandemic response plan suffered from limitations. Lastly, Covid-19 policies have led to new trafficking trends and challenges. Based on this evidence, the research suggests that digitalising and modernising social services could strengthen the inclusion of vulnerable groups, simplify the administrative and management process, save costs, and reduce corruption. Participation of vulnerable groups, especially ethnic minorities and overseas migrant workers, including fishers, should be ensured in national policy design and local implementation. Additionally, improving transparency and accountability of support systems could help gain citizens’ trust in the government, which would be beneficial for future crisis responses.
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Ashley, Caitlyn, Elizabeth Spencer Berthiaume, Philip Berzin, Rikki Blassingame, Stephanie Bradley Fryer, John Cox, E. Samuel Crecelius, et al. Law and Policy Resource Guide: A Survey of Eminent Domain Law in Texas and the Nation. Edited by Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, 2017. http://dx.doi.org/10.37419/eenrs.eminentdomainguide.
Full textAbstract:
Eminent Domain is the power of the government or quasi-government entities to take private or public property interests through condemnation. Eminent Domain has been a significant issue since 1879 when, in the case of Boom Company v. Patterson, the Supreme Court first acknowledged that the power of eminent domain may be delegated by state legislatures to agencies and non-governmental entities. Thus, the era of legal takings began. Though an important legal dispute then, more recently eminent domain has blossomed into an enduring contentious social and political problem throughout the United States. The Fifth Amendment to the United States Constitution states, “nor shall private property be taken for public use, without just compensation.” Thus, in the wake of the now infamous decision in Kelo v. City of New London, where the Court upheld the taking of private property for purely economic benefit as a “public use,” the requirement of “just compensation” stands as the primary defender of constitutionally protected liberty under the federal constitution. In response to Kelo, many state legislatures passed a variety of eminent domain reforms specifically tailoring what qualifies as a public use and how just compensation should be calculated. Texas landowners recognize that the state’s population is growing at a rapid pace. There is an increasing need for more land and resources such as energy and transportation. But, private property rights are equally important, especially in Texas, and must be protected as well. Eminent domain and the condemnation process is not a willing buyer and willing seller transition; it is a legally forced sale. Therefore, it is necessary to consider further improvements to the laws that govern the use of eminent domain so Texas landowners can have more assurance that this process is fair and respectful of their private property rights when they are forced to relinquish their land. This report compiles statutes and information from the other forty-nine states to illustrate how they address key eminent domain issues. Further, this report endeavors to provide a neutral third voice in Texas to strike a more appropriate balance between individual’s property rights and the need for increased economic development. This report breaks down eminent domain into seven major topics that, in addition to Texas, seemed to be similar in many of the other states. These categories are: (1) Awarding of Attorneys’ Fee; (2) Compensation and Valuation; (3) Procedure Prior to Suit; (4) Condemnation Procedure; (5) What Cannot be Condemned; (6) Public Use & Authority to Condemn; and (7) Abandonment. In analyzing these seven categories, this report does not seek to advance a particular interest but only to provide information on how Texas law differs from other states. This report lays out trends seen across other states that are either similar or dissimilar to Texas, and additionally, discusses interesting and unique laws employed by other states that may be of interest to Texas policy makers. Our research found three dominant categories which tend to be major issues across the country: (1) the awarding of attorneys’ fees; (2) the valuation and measurement of just compensation; and (3) procedure prior to suit.
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HEFNER, Robert. IHSAN ETHICS AND POLITICAL REVITALIZATION Appreciating Muqtedar Khan’s Islam and Good Governance. IIIT, October 2020. http://dx.doi.org/10.47816/01.001.20.
Full textAbstract:
Ours is an age of pervasive political turbulence, and the scale of the challenge requires new thinking on politics as well as public ethics for our world. In Western countries, the specter of Islamophobia, alt-right populism, along with racialized violence has shaken public confidence in long-secure assumptions rooted in democracy, diversity, and citizenship. The tragic denouement of so many of the Arab uprisings together with the ascendance of apocalyptic extremists like Daesh and Boko Haram have caused an even greater sense of alarm in large parts of the Muslim-majority world. It is against this backdrop that M.A. Muqtedar Khan has written a book of breathtaking range and ethical beauty. The author explores the history and sociology of the Muslim world, both classic and contemporary. He does so, however, not merely to chronicle the phases of its development, but to explore just why the message of compassion, mercy, and ethical beauty so prominent in the Quran and Sunna of the Prophet came over time to be displaced by a narrow legalism that emphasized jurisprudence, punishment, and social control. In the modern era, Western Orientalists and Islamists alike have pushed the juridification and interpretive reification of Islamic ethical traditions even further. Each group has asserted that the essence of Islam lies in jurisprudence (fiqh), and both have tended to imagine this legal heritage on the model of Western positive law, according to which law is authorized, codified, and enforced by a leviathan state. “Reification of Shariah and equating of Islam and Shariah has a rather emaciating effect on Islam,” Khan rightly argues. It leads its proponents to overlook “the depth and heights of Islamic faith, mysticism, philosophy or even emotions such as divine love (Muhabba)” (13). As the sociologist of Islamic law, Sami Zubaida, has similarly observed, in all these developments one sees evidence, not of a traditionalist reassertion of Muslim values, but a “triumph of Western models” of religion and state (Zubaida 2003:135). To counteract these impoverishing trends, Khan presents a far-reaching analysis that “seeks to move away from the now failed vision of Islamic states without demanding radical secularization” (2). He does so by positioning himself squarely within the ethical and mystical legacy of the Qur’an and traditions of the Prophet. As the book’s title makes clear, the key to this effort of religious recovery is “the cosmology of Ihsan and the worldview of Al-Tasawwuf, the science of Islamic mysticism” (1-2). For Islamist activists whose models of Islam have more to do with contemporary identity politics than a deep reading of Islamic traditions, Khan’s foregrounding of Ihsan may seem unfamiliar or baffling. But one of the many achievements of this book is the skill with which it plumbs the depth of scripture, classical commentaries, and tasawwuf practices to recover and confirm the ethic that lies at their heart. “The Quran promises that God is with those who do beautiful things,” the author reminds us (Khan 2019:1). The concept of Ihsan appears 191 times in 175 verses in the Quran (110). The concept is given its richest elaboration, Khan explains, in the famous hadith of the Angel Gabriel. This tradition recounts that when Gabriel appeared before the Prophet he asked, “What is Ihsan?” Both Gabriel’s question and the Prophet’s response make clear that Ihsan is an ideal at the center of the Qur’an and Sunna of the Prophet, and that it enjoins “perfection, goodness, to better, to do beautiful things and to do righteous deeds” (3). It is this cosmological ethic that Khan argues must be restored and implemented “to develop a political philosophy … that emphasizes love over law” (2). In its expansive exploration of Islamic ethics and civilization, Khan’s Islam and Good Governance will remind some readers of the late Shahab Ahmed’s remarkable book, What is Islam? The Importance of Being Islamic (Ahmed 2016). Both are works of impressive range and spiritual depth. But whereas Ahmed stood in the humanities wing of Islamic studies, Khan is an intellectual polymath who moves easily across the Islamic sciences, social theory, and comparative politics. He brings the full weight of his effort to conclusion with policy recommendations for how “to combine Sufism with political theory” (6), and to do so in a way that recommends specific “Islamic principles that encourage good governance, and politics in pursuit of goodness” (8).
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Lewis, Dustin. Three Pathways to Secure Greater Respect for International Law concerning War Algorithms. Harvard Law School Program on International Law and Armed Conflict, 2020. http://dx.doi.org/10.54813/wwxn5790.
Full textAbstract:
Existing and emerging applications of artificial intelligence in armed conflicts and other systems reliant upon war algorithms and data span diverse areas. Natural persons may increasingly depend upon these technologies in decisions and activities related to killing combatants, destroying enemy installations, detaining adversaries, protecting civilians, undertaking missions at sea, conferring legal advice, and configuring logistics. In intergovernmental debates on autonomous weapons, a normative impasse appears to have emerged. Some countries assert that existing law suffices, while several others call for new rules. Meanwhile, the vast majority of efforts by States to address relevant systems focus by and large on weapons, means, and methods of warfare. Partly as a result, the broad spectrum of other far-reaching applications is rarely brought into view. One normatively grounded way to help identify and address relevant issues is to elaborate pathways that States, international organizations, non-state parties to armed conflict, and others may pursue to help secure greater respect for international law. In this commentary, I elaborate on three such pathways: forming and publicly expressing positions on key legal issues, taking measures relative to their own conduct, and taking steps relative to the behavior of others. None of these pathways is sufficient in itself, and there are no doubt many others that ought to be pursued. But each of the identified tracks is arguably necessary to ensure that international law is — or becomes — fit for purpose. By forming and publicly expressing positions on relevant legal issues, international actors may help clarify existing legal parameters, pinpoint salient enduring and emerging issues, and detect areas of convergence and divergence. Elaborating legal views may also help foster greater trust among current and potential adversaries. To be sure, in recent years, States have already fashioned hundreds of statements on autonomous weapons. Yet positions on other application areas are much more difficult to find. Further, forming and publicly expressing views on legal issues that span thematic and functional areas arguably may help States and others overcome the current normative stalemate on autonomous weapons. Doing so may also help identify — and allocate due attention and resources to — additional salient thematic and functional areas. Therefore, I raise a handful of cross-domain issues for consideration. These issues touch on things like exercising human agency, reposing legally mandated evaluative decisions in natural persons, and committing to engage only in scrutable conduct. International actors may also take measures relative to their own conduct. To help illustrate this pathway, I outline several such existing measures. In doing so, I invite readers to inventory and peruse these types of steps in order to assess whether the nature or character of increasingly complex socio-technical systems reliant upon war algorithms and data may warrant revitalized commitments or adjustments to existing measures — or, perhaps, development of new ones. I outline things like enacting legislation necessary to prosecute alleged perpetrators of grave breaches, making legal advisers available to the armed forces, and taking steps to prevent abuses of the emblem. Finally, international actors may take measures relative to the conduct of others. To help illustrate this pathway, I outline some of the existing steps that other States, international organizations, and non-state parties may take to help secure respect for the law by those undertaking the conduct. These measures may include things like addressing matters of legal compliance by exerting diplomatic pressure, resorting to penal sanctions to repress violations, conditioning or refusing arms transfers, and monitoring the fate of transferred detainees. Concerning military partnerships in particular, I highlight steps such as conditioning joint operations on a partner’s compliance with the law, planning operations jointly in order to prevent violations, and opting out of specific operations if there is an expectation that the operations would violate applicable law. Some themes and commitments cut across these three pathways. Arguably, respect for the law turns in no small part on whether natural persons can and will foresee, understand, administer, and trace the components, behaviors, and effects of relevant systems. It may be advisable, moreover, to institute ongoing cross-disciplinary education and training as well as the provision of sufficient technical facilities for all relevant actors, from commanders to legal advisers to prosecutors to judges. Further, it may be prudent to establish ongoing monitoring of others’ technical capabilities. Finally, it may be warranted for relevant international actors to pledge to engage, and to call upon others to engage, only in armed-conflict-related conduct that is sufficiently attributable, discernable, and scrutable.
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Toward a Global Baseline of Carbon Storage in Collective Lands: An Updated Analysis of Indigenous Peoples' and Local Communities' Contributions to Climate Change Mitigation. Rights and Resources Initiative, November 2016. http://dx.doi.org/10.53892/abqr3130.
Full textAbstract:
A new report quantifies the carbon stored aboveground in tropical forests that are legally owned or traditionally held by Indigenous Peoples and local communities in 37 countries across tropical America, Africa, and Asia. The report launches a long term collaboration among the Woods Hole Research Center, Rights and Resources Initiative, and World Resources Institute to continue tracking Indigenous Peoples’ and local communities’ role in carbon sequestration globally, with goals of adding data over time for additional countries, relevant non-forest ecosystems, and traditionally held lands that lack formal recognition. This work is a continuation of groundbreaking studies from 2014 and 2015 initiated by a dedicated group of scientific, policy, and indigenous organizations.