Journal articles on the topic 'Primary Legislation'
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1
Burrows, John. "Legislation: Primary, Secondary and Tertiary." Victoria University of Wellington Law Review 42, no. 1 (May 2, 2011): 65. http://dx.doi.org/10.26686/vuwlr.v42i1.5408.
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This article considers the question of the delegation of lawmaking. The increasing use of tertiary legislation in New Zealand is analysed. It is suggested that the use of tertiary legislation is concerning in some aspects including the potential for abuses of power, inaccessibility, complexity and inconsistency.
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Bertoni Pinto, Neuza, and Lidiane Gomes dos Santos Felisberto. "Arithmetic Intuitive: of Primary object lessons for legislation." Revista Diálogo Educacional 16, no. 49 (July 14, 2016): 567. http://dx.doi.org/10.7213/dialogo.educ.16.049.ds03.
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Nos primeiros anos de República, o método intuitivo se fez presente nos discursos pedagógicos como carro-chefe para a renovação pedagógica que se almejava. Considerando que o manual Primeiras Lições de Coisas, produzido pelo americano N. Calkins e traduzido por Rui Barbosa, é um reconhecido material pedagógico que documenta como o ensino intuitivo deveria ser aplicado pelos professores, este estudo se propõe à análise dos saberes elementares aritméticos presentes no referido manual a fim de verificar se houve a apropriação do mesmo pela legislação educacional paranaense nas primeiras décadas do século XX. As análises revelam que a adoção do método intuitivo e do manual Primeiras Lições de Coisas pela legislação educacional paranaense estava atrelada à criação dos Grupos Escolares no Estado do Paraná e, consequentemente, às novas finalidades dadas à escola primária.
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Black, Robert, and Irina Kireeva. "Sanitary and Phytosanitary Legislation in the Russian Federation: A General Overview in Light of the WTO SPS Agreement and EU Principles of Food Safety." Review of Central and East European Law 35, no. 3 (2010): 225–55. http://dx.doi.org/10.1163/157303510x12650378240313.
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AbstractThis article introduces the World Trade Organization (WTO) rules on sanitary and phytosanitary (SPS) measures and the European Union's policies and legislation that exemplify these rules. This forms the basis for examining primary Russian SPS legislation governing border controls and its relationship with legislative provisions on human, animal, and plant health and food safety. Specific Russsian primary federal laws (federal'nye zakony) covering veterinary medicine, plant health, food quality/safety, pesticides and agrochemicals, and technical regulations are compared with corresponding international conventions, norms, and standards and relevant legislation in the EU. Finally, general remarks are made about the Russian Federation's secondary legislation in the SPS area. Instances of non-compliance with international norms, found by the authors, may contribute to trade difficulties with other countries and likely will need to be addressed as part of Russia's negotiations to join the WTO and, also, to remove some of the difficulties in trade with the EU.
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Aburabia, Rawia. "FAMILY, NATION BUILDING, AND CITIZENSHIP: THE LEGAL REPRESENTATION OF MUSLIM WOMEN IN THE BAN AGAINST THE BIGAMY CLAUSE OF 1951." Journal of Law and Religion 34, no. 3 (December 2019): 310–31. http://dx.doi.org/10.1017/jlr.2019.43.
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AbstractThis article focuses on the representations and perceptions of Muslim Palestinian women as encapsulated by early Israeli legislation. The analysis is based on a close reading of the negotiations and discussions leading up to the criminalization of bigamy by the Israeli state and, in particular, those principal discussions surrounding the legislation of the Women's Equal Rights Law of 1951. Primary materials from the Israeli State Archives are used to reconstruct the debates in the Knesset, assess the legislation's intended effects on the Muslim Palestinian family, and trace the opposition to it fielded by the Palestinian religious leadership. The legislative process is dissected to expose the implicit and explicit patriarchal and nationalized underpinnings of the image of the “ideal family” fashioned by Israeli legislators. Despite their national divide, I argue, both the Israeli Knesset and the Muslim community leadership articulated women's roles in similarly distinctive national-patriarchal hues.
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Koch, D. Shane. "Protections in Federal Rehabilitation Legislation for Persons with Alcohol and Other Drug Abuse Disabilities." Journal of Applied Rehabilitation Counseling 30, no. 3 (September 1, 1999): 29–34. http://dx.doi.org/10.1891/0047-2220.30.3.29.
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Alcohol and Other Drug Abuse (AODA) may present special challenges for rehabilitation counselors whether they are dealing with this problem as a primary or secondary disability. While rehabilitation counselors may be familiar with the legislative implications for other disability groups, alcohol and other drug abuse is a “special case” among the larger group of persons with disabilities due to the complexities surrounding interpretation of rehabilitation legislation. This paper reviews AODA as a disability, discusses the need for legislative protection of this population, and isolates specific issues which exist when interpreting and applying rehabilitation legislation in the case of persons with AODA disabilities.
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Rahn, Sheldon L., and Hobart A. Burch. "Paid Maternal and Parental Leave Legislation and Primary Prevention." Social Policy Journal 1, no. 3 (September 2002): 75–86. http://dx.doi.org/10.1300/j185v01n03_06.
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Gunn, Christine M., Nancy R. Kressin, Kristina Cooper, Cinthya Marturano, Karen M. Freund, and Tracy A. Battaglia. "Primary Care Provider Experience with Breast Density Legislation in Massachusetts." Journal of Women's Health 27, no. 5 (May 2018): 615–22. http://dx.doi.org/10.1089/jwh.2017.6539.
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Greenberg, Daniel. "Standards of Drafting of Primary Legislation in the United Kingdom." Statute Law Review 39, no. 1 (February 2018): v—vii. http://dx.doi.org/10.1093/slr/hmx033.
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Carslaw, David C., and Sean D. Beevers. "New Directions: Should road vehicle emissions legislation consider primary NO2?" Atmospheric Environment 38, no. 8 (March 2004): 1233–34. http://dx.doi.org/10.1016/j.atmosenv.2003.12.008.
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Thomson, Lindsay D. G. "Personality disorder and mental health legislation in the UK." Advances in Psychiatric Treatment 16, no. 5 (September 2010): 336–38. http://dx.doi.org/10.1192/apt.bp.109.007849.
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SummaryThis commentary explores the issue of personality disorder and mental health legislation from a UK perspective, highlighting the differences between its four countries and three mental health acts. It discusses data from Scotland that support the contention that the addition of the term ‘personality disorder’ to mental health legislation is not alone sufficient to change current practice. The legislative criterion of risk to others is discussed and the varying responses in the UK to the contentious issue of preventive detention, highly likely to be relevant to serious offenders with personality disorder, are described, including the indeterminate sentence of imprisonment for public protection and the order of lifelong restriction. It is concluded that, regardless of location, care of patients with a primary diagnosis of personality disorder will be driven forward not by legislation but by service development, research and changing attitudes.
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Maphisa, J. Maphisa. "Mental health legislation in Botswana." BJPsych International 16, no. 03 (September 11, 2018): 68–70. http://dx.doi.org/10.1192/bji.2018.24.
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The Mental Disorders Act of 1969 is the primary legislation relating to mental health in Botswana. Despite the country not being a signatory to the United Nations Convention on the Rights of Persons with Disabilities, its Act has a self-rated score of four out of five on compliance to human rights covenants. However, it can be argued that the Act does not adequately espouse a human rights- and patient-centred approach to legislation. It is hoped that ongoing efforts to revise the Act will address the limitations discussed in this article.
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Alamsyah, Alamsyah, Sri Suwitri, Kismartini Kismartini, and Yuwanto Yuwanto. "Applying the Advocacy Coalition Framework to Understand the Process of Local Legislation in Indonesia." Sriwijaya Law Review 3, no. 1 (January 31, 2019): 34. http://dx.doi.org/10.28946/slrev.vol3.iss1.136.pp34-47.
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Making regulation is the primary function of the modern state. Current praxis shows how there is positive and negative cooperation among policy participant in the process of local legislation. Many Indonesian scholars give attention to the politics of law and citizens participation in understanding this process. However, they do not give detail analysis on cooperation among policy participant during the legislation process. Drawing on qualitative methods, this article applies the Advocacy Coalition Framework (ACF) to understand the process of local legislation in South Sumatra Province. This article selects The Provincial Regulation of South Sumatera No. 8 of 2016 on the Forest Fires Mitigation as a case study due to the nature of forest fires as the public problem that obtains attention from various actors. Several key informants representing the executive and the legislative at the local level is selected using the purposive technique as a source of primary data. The secondary data is collected from the official publication of the policy participant, newspaper, and social media. Using interactive models and NVIVO software to code and analyse research data, this article finds that the secondary policy belief (SPB) among policy participant could be similar partially or wholly. This similarity is the foundation of policy participant to make an advocacy coalition. This article identifies two advocacy coalition in legislation process of The Provincial Regulation of South Sumatera No. 8 of 2016 on the Forest Fires Mitigation: ‘the local wisdom’ coalition vs. ‘the no burning policy' coalition. This article discusses the findings and propose a new agenda for further research on local legislation process
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You, Shisei. ""Minimum Knowledge" Essential for Primary Care Physicians - Involvement of Primary Care Physicians in Medical Legislation." Nihon Naika Gakkai Zasshi 97, no. 12 (2008): 3085–87. http://dx.doi.org/10.2169/naika.97.3085.
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Thomas, Colin G., and Catherine A. Hayne. "THE IMPACT OF TAXATION LEGISLATION DEVELOPMENTS ON NON- RESIDENTS INVESTING IN AUSTRALIAN PETROLEUM PROJECTS." APPEA Journal 29, no. 1 (1989): 63. http://dx.doi.org/10.1071/aj88010.
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Australian legislation has recently undergone further developments which affect non- residents investing in Australian petroleum projects. The comments in this paper reflect our understanding of the law at November 1988.These legislative developments have occurred in foreign investment rules and primary tax areas such as the thin capitalisation and debt creation rules for nonresident investors, Australian capital gains tax including the new involuntary roll- over provisions, the Australian dividend imputation system, and secondary taxes such as state royalties and excises and petroleum resource rent tax.The purpose of this paper is to analyse some of the recent legislative developments from the viewpoint of a non- resident investing in Australian petroleum projects. Changes in most cases are incorporated in complex legislation, and full and proper consideration of the changes is warranted for taxpayers both to comply with the law and maximise shareholders' financial returns.
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Taylor, Alison. "New act, new opportunity for integration in Scotland." Journal of Integrated Care 23, no. 1 (February 16, 2015): 3–9. http://dx.doi.org/10.1108/jica-11-2014-0041.
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Purpose – In this paper, the Scottish Government's approach to improving outcomes for patients and service users by integrating health and social care planning and provision is described. The Scottish Parliament passed primary legislation in February 2014, which places requirements on Health Boards and Local Authorities to work together more closely than ever before. The paper aims to discuss these issues. Design/methodology/approach – This paper sets out the Scottish Government's legislative approach to integrating health and social care, based on previous experience of encouraging better partnership between health and social care working without legislative compulsion. Findings – The Scottish Government has concluded that legislation is required to create the integrated environment necessary for health and social care provision to meet the changing needs of Scotland's ageing population. Research limitations/implications – The paper is confined to experience in Scotland. Practical implications – Legislation is now complete, and implementation of the new arrangements is starting. Evaluation of their impact will be ongoing. Social implications – The new integrated arrangements in Scotland are intended to achieve a significant shift in the balance of care in favour of community-based support rather than institutional care in hospitals and care homes. Its social implications will be to support greater wellbeing, particularly for people with multimorbidities within communities. Originality/value – Scotland is taking a unique approach to integrating health and social care, focusing on legislative duties on Health Boards and Local Authorities to work together, rather than focusing on structural change alone. The scale of planned integration is also significant, with planning for, at least, all of adult social care and primary health care, and a proportion of acute hospital care, included in the new integrated arrangements.
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Masuyama, Mikitaka. "The Diet 2001." Japanese Journal of Political Science 2, no. 2 (November 2001): 247–51. http://dx.doi.org/10.1017/s1468109901000275.
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Koizumi Junichiro's sweeping victory in the presidential primary of the Liberal Democratic Party (LDP) represents a palpable change in the national mood that may substantially affect the parliamentary conditions, although its impact on legislation is yet to be seen. In this essay, I briefly review the Diet in the past one year. In particular, the review deals with the legislative records in the 150–152 Diet sessions.
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Rieselbach, Richard E., Robert L. Phillips, Thomas J. Nasca, and Byron J. Crouse. "Rural Primary Care Physician Workforce Expansion: An Opportunity for Bipartisan Legislation." Journal of Graduate Medical Education 5, no. 4 (December 1, 2013): 556–59. http://dx.doi.org/10.4300/jgme-05-04-39.
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Randl, Otto, and Josef Zechner. "Sovereign Reputation and Yield Spreads: A Case Study on Retroactive Legislation." German Economic Review 19, no. 3 (August 1, 2018): 260–79. http://dx.doi.org/10.1111/geer.12128.
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Abstract This paper uses recent legislation in Austria to establish a link between sovereign reputation and yield spreads. In 2009, Hypo Alpe Adria International, a bank previously co-owned by the regional government of Carinthia, had been nationalized by Austria’s central government in order to avoid a default triggering multi-billion Euro local government guarantees. In 2015, special legislation retroactively introduced collective action clauses allowing a haircut on both the bonds and the guarantees while avoiding formal default. We document that legislative and administrative action designed to partly abrogate the guarantees resulted in a loss of reputation, leading to higher yield spreads for sovereign debt. Our analysis of covered bonds uncovers an increase in yield spreads on the secondary market and a deterioration of primary market conditions.
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Muir, Elise. "The Horizontal Effects of Charter Rights Given Expression to in EU Legislation, from Mangold to Bauer." Review of European Administrative Law 12, no. 2 (December 31, 2019): 185–215. http://dx.doi.org/10.7590/187479819x15840066091312.
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This paper investigates the relationship between legislative provisions and fundamental rights by analyzing the Egenberger, IR, Bauer, Max-Planck and Cresco cases. This paper understands these cases as an invitation to reflect on whether, and if so, to what extent, EU fundamental rights' legislation, read in conjunction with the Charter, could have an impact on the scope of application, substance and/or legal effects of the Charter. This paper argues that the Court of Justice's recent case law can be understood as allowing for EU legislative guidance on fundamental rights to interact in an upward process with the rights enshrined in norms with the same rank as EU primary law. This paper sheds light on the constitutional implications of the overlaps between legislation and constitutional norms on fundamental norms while other contributions in this special issue address effectiveness and the right to an effective remedy in a broader sense.
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Almusawi, Bassim Jameel. "Criminal Protection of the Family in the Iraqi Legislation." Hasanuddin Law Review 7, no. 1 (April 2, 2021): 21. http://dx.doi.org/10.20956/halrev.v7i1.2167.
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The protection of the family is the basic principle for building a strong society and family protection policy is one of the most significant among the responsibilities of legislations. The current paper reviews the protection of family according to Iraqi legislation and discusses various types of crimes involving children or families according to Iraqi law. In this article doctrinal legal research was adopted and it assessed sources from both primary and secondary data. The research concludes that Iraqi legislation provides correct protection through a number of legal texts organizing the crimes against family. However, it has failed to achieve full criminal protection for the family. There are both theoretical weakness of law and the routine abuse against family in daily practice. The present paper aims to fill a critical gap in our understanding regarding deficient area in Iraqi law while dealing with the rights of members of family and proposes further work to be done so that Iraqi legislator can provide full criminal protection for family.
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Alrfua, Amal Yusuf, Ahmad Hasan Abu Sabah, and Ayman Yousef Mutlaq Alrfoua. "Parliamentary Immunity in International Legislation." Asian Social Science 14, no. 6 (May 28, 2018): 71. http://dx.doi.org/10.5539/ass.v14n6p71.
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A Legislature is one of the most important bodies in a country, because in addition to its primary duty of passing legislations it also monitors the executive body and holds it accountable for the execution of its duties. Due to this responsibility the national legal systems have granted legal protection for members of the legislature to aid them to carry out their assigned responsibilities in accordance with the constitution, this protection is known as Parliamentary immunity.We have clarified the concept of Parliamentary immunity and its legal nature, in addition we have also discussed its types (objective and procedural) and made clear the differences between them. In addition, we pointed out the procedure of lifting the immunity, legal reasons that require it be lifted and the position of some constitutions in regard it.We have also explained and indicated whether Parliamentary immunity was successful in protecting the legislature from intimidation or strong-arming of the executive authority.
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Himsworth, Chris. "Subordinate Legislation in the Scottish Parliament." Edinburgh Law Review 6, no. 3 (September 2002): 356–79. http://dx.doi.org/10.3366/elr.2002.6.3.356.
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One of the claims made on behalf of the Scottish Parliament is that, because of its new institutional design and a commitment to a “new politics”, it has the opportunity to escape the confines of the Westminster model of parliamentary government upon which it is based. It has the chance to achieve new levels of democracy and of executive accountability. In this article, such claims are examined in relation to the Scottish Parliament's ability to assert controls over the use of ministerial powers of delegated legislation and, indeed, to produce a balance between primary and secondary lawmaking which is different from that familiar at Westminster.
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Sandberg, Haim. "What Happens when the Judiciary Switches Roles with the Legislator? An Innovative Israeli Version of a Mixed Jurisdiction." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 3 (May 29, 2017): 40. http://dx.doi.org/10.17159/1727-3781/2012/v15i3a2502.
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Civil Law codices are analytic, abstract and removed from the specific influence of particular cases. When rules are codified In Common Law systems they reflect a collection of rulings and not a collection of analytic principles. These differences stem from the nature and the motivations of the legislative enterprise. Civil-continental legislation originates in a legislative initiative “from above”. It is driven by the aspiration for legal harmony and completeness, and was originally formulated by academics. Legislation in the common-law countries results from a "bottom up" effect in which reality dictates the nature of the developing rules, step by step. Civil law systems like Common Law systems accept the supremacy of the statutory law over judge-made law. Yet when the judiciary has the authority or the power to influence the legislative agenda there is a veritable role switch. In a manner resembling continental-style legislation, the court reviewing existing legislation determines an abstract principle, usually in reliance on a particular constitutional text, and it is the legislature that is required to distill the principles into specific legislative norms, a function normally fulfilled by the common law court. The question forming the basis of this paper is the nature of the legislative process and the legislation produced by this kind of relationship. The paper addresses this question through the narrow prism of a detailed examination of a particular Israeli test case in which the Israeli Supreme Court handed down a ruling on a fundamental principle but on its own initiative delegated to the legislature the task of implementing it and providing a specific legislative enactment of this principle, on the basis of which the Court would then rule on the concrete case. The result in this particular case was that the traditional roles of the respective branches were reversed. The practical result of the move to delegate the implementation of a far-reaching and fundamental ruling to the legislature was a subversion of the fundamental ruling and delayed justice for the parties who sought a resolution of the matter. The paper claims that this mechanism leads to the creation of a new variety of a "mixed-system". The judiciary abandoned its primary obligation, namely to serve as an instance for resolving disputes, while the legislature became an executor of judicially enunciated principles. The law thus enacted resembles, in its detailed and complex language, a common law text while the principle formulated in the judgment of the court resembles a section of an analytical "civil law" statute. When the motivation for legislation stems from the court's directives, rather than the governmental or legislative interests, the legislature or the executive branch has an interest in thwarting the court’s intention through the use of various tactics readily at its disposal. This process also affects the vague and detailed formulation of the legislation, which has a character rather different from the abstract nature of civil law legislation. The lesson that this episode teach us, which the court itself internalized, is that a court cannot really dictate a legislative agenda and that it should instead focus on its designated role – the resolving of concrete disputes.
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Amodu, Nojeem. "Regulation and Enforcement of Corporate Social Responsibility in Corporate Nigeria." Journal of African Law 61, no. 1 (January 24, 2017): 105–30. http://dx.doi.org/10.1017/s0021855317000018.
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AbstractIt is usually assumed that there is sufficient legislation to regulate the Nigerian business community and combat corporate irresponsibility and that the challenge lies in lackadaisical enforcement by regulators. This article queries this assumption and analyses the corporate social responsibility (CSR) regulatory landscape in corporate Nigeria. It depicts a bleak picture of weak regulation, faulty legal transplantation of foreign principles, a lackadaisical attitude to enforcement, double operational standards from multinational enterprises, and incoherence and policy disparity between CSR regulatory provisions in primary legislation on the one hand and their subsidiary laws on the other. It argues that the challenge lies in faulty and disjointed legislation grossly undermined by fallacious legal transplantation. The article concludes by offering an agenda for the harmonization of the disjointed CSR framework in highlighted primary and subsidiary legislation, in line with best international standards.
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Du, Rebecca Y., Melissa A. LoPresti, Roxanna M. García, and Sandi Lam. "Primary prevention of road traffic accident–related traumatic brain injuries in younger populations: a systematic review of helmet legislation." Journal of Neurosurgery: Pediatrics 25, no. 4 (April 2020): 361–74. http://dx.doi.org/10.3171/2019.10.peds19377.
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OBJECTIVERoad traffic accidents are the most frequent cause of severe traumatic brain injury (TBI), particularly among young populations worldwide. Helmets are proven to prevent injuries; however, estimates of helmet compliance are low globally. Surgical/critical care management of TBI is often used to treat these injuries, but primary prevention should be recommended. A key component in promoting TBI prevention among pediatric and young populations is through helmet legislation. The authors investigated helmet policies for motorcycles and bicycles globally to provide recommendations for how related legislation may impact TBI and guide advocacy in pediatric neurosurgery.METHODSThe authors conducted a systematic review of helmet laws and/or policies by using the National Library of Medicine PubMed and SCOPUS databases. Additional articles were identified using citation searches of key publications. Abstracts from articles of all sources were read and selected for full-text review. Details of relevant full articles were extracted and analyzed for the following: bibliographic data, study aim, design and duration, study participants, intervention characteristics, and intervention effect data.RESULTSOf 618 search results, 53 full-text articles were analyzed for recommendations. Helmet legislation is associated with increased helmet use among bicyclists and decreased road traffic accident–related head injuries and fatalities among motorcyclists and bicyclists. Laws are more effective if comprehensive and inclusive of the following: both primary riders and passengers, all age groups, all modes of transportation made safer by helmets, a proper use clause, and standardized helmet quality measures. Cultural, socioeconomic, and infrastructural circumstances are important as well, and legislation must consider enforcement mechanisms with penalties significant enough to incentivize behavioral changes, but proportional to community socioeconomic status.CONCLUSIONSCompulsory use laws are the optimal primary intervention; however, concurrent programs to support financial access to helmets, change cultural attitudes, increase health literacy, and improve road infrastructure will augment legislative benefits. Pediatric neurosurgeons are caretakers of children suffering from TBI. Although extensive study has explored the surgical management of TBI, the authors believe that primary prevention is instrumental to improving outcomes and reducing injury. All helmet laws are not equal; based on these findings, a comprehensive, context-specific approach is the key to success, especially in resource-limited countries.
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Harvey, Anna L. "Women, Policy, and Party, 1920–1970: A Rational Choice Approach." Studies in American Political Development 11, no. 2 (1997): 292–324. http://dx.doi.org/10.1017/s0898588x0000167x.
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The 1970s saw a dramatic increase in the success rate of U.S. women's organizations pursuing congressional support of legislation designed to remove barriers to the progress of women in economic, political, and social arenas. While women's organizations, including both older organizations such as the National Federation of Business and Professional Women's Clubs (NFBPWC) and newer organizations such as the National Organization for Women (NOW), had lobbied Congress before 1970, that year saw their first major lobbying success. House passage of the Equal Rights Amendment (ERA) in 1970 was followed in 1972 by full congressional passage of the ERA and Title IX of the Educational Amendments Act (prohibiting sex discrimination in education), the Equal Credit Opportunity Act and the Women's Educational Equity Act in 1974, the Pregnancy Discrimination Act and the (unprecedented) congressional extension of the ratification period for the ERA in 1978, as well as a host of measures prohibiting sex discrimination in federal programs. The legislative success of women's organizations has continued, albeit with some fits and starts, into the 1980s and 1990s with pension equity reform, child support enforcement legislation, child care subsidies, and parental leave legislation as important examples. As documented by numerous scholars, in all these cases women's organizations provided the primary lobbying support for the successful legislation.
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Monia, Shadika Haque. "Environmental Impact Assessment Initiated to Mitigate Pollutions from Industries." International Journal of Management, Entrepreneurship, Social Science and Humanities 3, no. 1 (June 30, 2020): 56–66. http://dx.doi.org/10.31098/ijmesh.v3i1.161.
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Industrial pollution is a Buzzword of the present world. At the same time, there needs industrial development along with the mitigation of pollution, but in practice, industries are increasing with polluters although protection of pollution is lagging. The conservation of natural wealth is growing through various processes without thinking about the future. As an overpopulated country, a large number of industries have been contributing to enrich the economy of Bangladesh. In addition to there is no specific legal mechanism in the country to control industrial pollution which causes danger for the environment. The paper endeavors to find out the present legal instruments regarding environmental pollution caused by industries in Bangladesh, whether these are sufficient to prevent such pollution or not. Therefore, there is no specific legislation under IEL to mitigate industrial pollutions The research will contribute to the courtier's policymaking in the field of environmental protection, very few research has done in this area. As there is no specific legislation dealing with industrial pollutions, the Article tries to facilitate the need for specific legislation or mechanism on this matter by mentioning critics of existing legislations and found that, in absence of specific legislation the country is facing environmental threats every day. The data is analyzed with qualitative methods, both primary and secondary data is analyzed for the same. The research is done with doctrinal based analytical research.
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Chae, Kyung-Jin, and Sun-Bok Seo. "A study on the Restructure of the Primary Legislation for Cultural Properties." Legal Studies Institute of Chosun University 24, no. 2 (August 30, 2017): 61–86. http://dx.doi.org/10.18189/isicu.2017.24.2.61.
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BAGASHKA, TANYA, and JENNIFER HAYES CLARK. "Electoral Rules and Legislative Particularism: Evidence from U.S. State Legislatures." American Political Science Review 110, no. 3 (August 2016): 441–56. http://dx.doi.org/10.1017/s0003055416000228.
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We argue that state legislative politics is qualitatively different from national congressional politics in the extent to which it focuses on localized and geographically specific legislation salient to subconstituencies within a legislative district. Whereas congressional politics focuses on casework benefits for individual constituents, state legislative politics is more oriented to the delivery of localized benefits for groups of citizens in specific areas within a district, fostering a geographically specific group connection. A primary way to build such targeted geographical support is for members to introduce particularistic legislation designed to aid their specific targeted geographical area within the district. We argue that this is primarily a function of electoral rules. Using original sponsorship data from U.S. state houses, we demonstrate that greater district magnitude and more inclusive selection procedures such as open primaries are associated with more particularism. Our findings provide strong support for a voter-group alignment model of electoral politics distinct from the personal vote/electoral connection model that characterizes U.S. congressional politics and is more akin to patterns of geographically specific group-oriented electoral politics found in Europe and throughout the world.
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van Os, Jim, and Jan Neeleman. "European Union government legislation affecting psychiatric practice." Psychiatric Bulletin 18, no. 7 (July 1994): 390–94. http://dx.doi.org/10.1192/pb.18.7.390.
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Although the process of psychiatric reform is taking place across Europe, national political, economic and historical factors determine to a large extent the manner and pace of its implementation as well as its final shape. The degree of centralisation of health care systems and the degree of prominence of primary care affect how efficiently change can be achieved. Various forms of professional resistance may, in different degrees in European countries, hamper the implementation of community care. The widely varying contexts in which psychiatric reform takes place throughout Europe, should provide a fertile area for future comparative research.
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Kolmakov, P. A. "ABOUT SOME PROBLEM ASPECTS OF LEGAL CATEGORY OF PARTIAL INSANITY." Bulletin of Udmurt University. Series Economics and Law 30, no. 3 (June 26, 2020): 389–95. http://dx.doi.org/10.35634/2412-9593-2020-30-3-389-395.
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The article studies some problem issues rising with formation of criminal category of partial insanity in home legislation. Legislative attaching of this legal category at article 22 of Russian criminal code had passed along path of discussions and heated arguments that still in place. The study makes a primary accent at legal assessment of mental anomaly criminal personality and his responsibility realization mechanism in law enforcement activities. It is noted that when the identical crime is committed the extent of guilt and responsibility of such subjects could be different depending on intention matter, mental integrity and various external conditions. Personality of such criminal could be more dangerous than personality of healthy one because he has to control his behavior mechanisms more thoroughly. The article gives empirical data from different sources and reputable scientists’ opinions to prove author position. The article makes a conclusion that final mental anomaly criminal personality assessment differs from legislative position of Western European countries. Non-coordinations and gaps of such kind of criminal cases sentence realization that need further serious examination and adjustments remains in domestic legislation.
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Morante, Montse, and Patricia Sanpera. "Accessing Legal Information in Catalonia: Open Access to Legislation and Case Law." International Journal of Legal Information 42, no. 1 (2014): 141–49. http://dx.doi.org/10.1017/s0731126500028353.
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This article outlines free online legal resources to conduct research on Catalan and Spanish legislation and case-law. Most of these resources are primary sources made public by government bodies. The list shows how the Spanish and Catalan governments, in their attempt to promote equal access to legislation and case-law, cover the different jurisdictions. The text also mentions some resources to conduct historical legal research about legislation and case law, and some free legal private websites.
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Fahami, Radia. "Controlled drugs." InnovAiT: Education and inspiration for general practice 11, no. 11 (September 28, 2018): 608–12. http://dx.doi.org/10.1177/1755738018762952.
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A controlled drug (CD) is a prescribed medication that is governed by the Misuse of Drugs Legislation. This article will explore the legislation and governance surrounding CDs with a focus on how these are prescribed and monitored in primary care; it will also highlight significant untoward incidents related to CDs.
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Jovašević, Dragan, and Marina Simović. "Zločin genocida: međunarodno pravo i pravo Bosne i Hercegovine / Crime of Genocide - International Legislation and Legislation of Bosnia and Herzegovina." Годишњак факултета правних наука - АПЕИРОН 6, no. 6 (July 11, 2016): 175. http://dx.doi.org/10.7251/gfp1606175j.
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Both international and national criminal legislation, considers genocide as particularly severe and socially dangerous criminal offence (crime). It is the worst form of violation of the right to life and existence of entire human groups - national, racial, religious or ethnic. This is the crime of crimes and is considered to be the most severe crime of today. In the strict sense, this is an international crime which by giving orders or taking immediate actions fully or partially destroys an entire human group. Therefore, after the World War II, on the basis of international documents adopted within the framework of the organization of UN, all modern countries included genocide in their national legislations (basic or special) as the most severe crime threatened by the most severe types and measures of sanctions. A similar situation exists in Bosnia and Herzegovina as well. However, this crime is known to numerous international documents establishing primary jurisdiction of international (permanent or temporary - ad hoc) military or civilian courts.
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Orriss, Gregory D. "Food Fortification: Safety and Legislation." Food and Nutrition Bulletin 19, no. 2 (January 1998): 109–16. http://dx.doi.org/10.1177/156482659801900204.
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The Food and Agriculture Organization/World Health Organization (FAO/WHO) International Conference on Nutrition (ICN), held in Rome in December 1992, recognized the widespread occurrence of micronutrient deficiencies, particularly in developing countries. The conference recognized food-based approaches as the most effective way to address existing micronutrient deficiencies. These approaches must include appropriate strategies to assure dietary diversification, improved food availability, food preservation, nutrition education, and food fortification. The final report of the conference included strategies and actions for preventing and controlling specific micronutrient deficiencies. It was proposed to ensure and legislate the fortification of foods or water with necessary micronutrients, where possible, when existing supplies fail to provide adequate levels in the diet. Food fortification has been successfully used in both developed and developing countries as one strategy to address micronutrient deficiencies. The primary purposes of food legislation are to protect the health of the consumer, protect the consumer from fraud, and facilitate trade. In the case of fortified foods, the target population must be protected from receiving either toxic or nutritionally ineffective levels of micronutrients. Legislation may be necessary to require adequate control over this fortification process by the food processors to ensure that levels of micronutrients are consistently within acceptable limits. Legislation may also be required to prohibit the addition of nutrients to commodities where it is nutritionally unnecessary or unsafe or where fortification may create an erroneous impression as to the nutritional value of the food. Any legislation regarding food fortification should incorporate the standards, recommendations, and guidelines of the Codex Alimentarius. The World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (the SPS Agreement) and the WTO Agreement on Technical Barriers to Trade (the TBT Agreement) have placed new importance on Codex standards, guidelines, codes, and recommendations.
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Aboaja, Anne, Guillermo Rivera Arroyo, and Liz Grant. "Mental health law in Bolivia." BJPsych. International 12, no. 4 (November 2015): 89–92. http://dx.doi.org/10.1192/s2056474000000647.
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Bolivia's mental health plan is not currently embedded in mental health legislation or a legal framework, though in 2014 legislative change was proposed that would begin to provide protection and support for the hospital admission, treatment and care of people with mental disorders in Bolivia. Properly resourced, regulated and rights-based mental health practice is still required. Mental healthcare in the primary care setting should be prioritised, and safeguards are needed for the autonomy of all patients, including all those in vulnerable and cared-for groups, including those in prisons.
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Amodu, Nojeem. "Stakeholder Protection and Corporate Social Responsibility from a Comparative Company Law Perspective: Nigeria and South Africa." Journal of African Law 64, no. 3 (September 17, 2020): 425–49. http://dx.doi.org/10.1017/s0021855320000212.
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AbstractThere have been notable legislative advancements, as well as improvements in corporate governance codes, aimed at protecting stakeholder rights. However, how much protection have they really afforded stakeholders against socially irresponsible corporate behaviour? This article undertakes a comparative analysis of the legal framework underlying South Africa's stakeholder-inclusive approach and Nigeria's environmental, social and governance or sustainability corporate reporting. It identifies a misplaced philosophical background as well as policy misalignment of corporate governance codes and primary corporate law as critical factors that undermine efforts to embed responsible corporate behaviour in order to safeguard the interests of qualified and legitimate stakeholders. It recommends specific amendments to address the ideological defect and align corporate governance codes with primary corporate legislation in these two countries.
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Buh, Emmanuel Ndze. "Article Towards Developing Domestic Maritime Legislation through Sub-regional Economic Integration: Cameroon’s Experience with the ‘CEMAC’ Merchant Shipping Code." Maritime Technology and Research 3, no. 3 (March 24, 2021): Manuscript. http://dx.doi.org/10.33175/mtr.2021.243227.
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Abstract: The regulation of the shipping industry is deeply rooted in treaties or agreements – whether bilateral, multilateral or universal. A multilateral treaty may result in the creation of a formal sub-regional economic integration organization, and there are many such organizations in Africa, of which CEMAC is one. These organizations seek economic integration and development through objectives such as the harmonization of transport sector regulations and tend to develop legal instruments that heavily impact the legislative framework of their member states as a result. The impact of the CEMAC Merchant Shipping Code on Cameroon’s maritime legislation can be seen from what Cameroon has achieved in terms of the modernization of its maritime legislation and the provision of solutions to the challenges inherent in its dual legal system. Furthermore, the CEMAC Shipping Code regime must also be perceived as a component of Cameroon’s overall effort geared towards meeting international maritime legislative implementation and enforcement standards. However, the challenges confronting the country at these various levels are huge and questions arise as to the adequacy of the CEMAC Shipping Code regime in addressing them. This paper thus sets out to make an appraisal of the CEMAC Shipping Code regime in its perceived role as vehicle for developing Cameroon’s maritime legislation and addressing the related challenges inherent in the country’s dual legal system. The methodology adopted is doctrinal in approach and involves a content analysis of primary and secondary data. The paper concludes with a proposed strategic framework for maritime legislative development and some practical suggestions directed at the government of Cameroon, but which should equally be useful to governments elsewhere.
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Vernandhie, Dhanar Dhono, and Sri Kusriyah Kusriyah. "Analysis Principles Of Criminal Law In Article 72 Qanun Of Aceh No. 6 Of 2014 On The Jinayat Law." Jurnal Daulat Hukum 2, no. 4 (April 10, 2020): 645. http://dx.doi.org/10.30659/jdh.v2i4.8350.
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This study describes the applicability of Qanun of Aceh No. 6 of 2014 on the Jinayat law (Qanun of Jinayat) in the order of legislation in Indonesia. Therefore this study to analyze these issues, to examine the legality principle as stated in Article 72 of the Qanun of Jinayat and the rule of law by applying the Qanun of Jinayat. This study uses normative research approach, by analyzing the legal ingredients of primary legal materials, secondary and tertiary. The results and discussion of the research was that Qanun of Jinayat not contrary to the order of Indonesian legislation, both formal legislative process and substantive elements of the rule of law which includes setting legal subjects, actions and sanctions of criminalization. Applicability of Qanun of Jinayat also related to three factors, namely philosophical which is a reflection of the values of the people of Aceh, sociological factors are the result of legal politics of the Government of the Republic of Indonesia and the Free Aceh Movement and the factors juridical is the order of the constitution and legislation that higher. Qanun of Jinayat law enforcement requires the law enforcement agencies, particularly the police for continued and consistent enforcement in order to create legal certainty. Suggestions can be submitted is law enforcement-led policy-making and increased synergies between law enforcement agencies in law enforcement for action based on Qanun of Jinayat Jarimah regulated in Qanun of Jinayat.Keywords: Qanun of Jinayat in Aceh; Legality; Legislation; Law Enforcement.�
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Clarke, Tenille. "Legislation in Australia: Social Control or Education?" Australian Journal of Environmental Education 17 (2001): 115–17. http://dx.doi.org/10.1017/s0814062600002512.
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The primary function of legislation in Australia is that of an educative one rather than an enforcement role. An example of legislation the main function of which is to educate is the Occupational Health and Safety Act, 1985 (O.H.&S. Act). The main aim of the Act is to legislate for a safe work place, breaches of the Act can induce human suffering, therefore the Act is designed to prevent workplace accidents, not to prosecute.The O.H.&S. Act was introduced after a time of social change. The sixties and seventies were times of protest on matters concerning equality for women and for many underprivileged groups. As a result of this, a demand for the rights of safety within the workplace followed. With the advent of the Act in 1985 came a legitimation to the premises of workplace health and safety. The demands for workplace health and safety were recognised by the government and it accommodated by legislating for a safe workplace. The OH & S Act satisfies a need to educate the public on workplace safety and the right to workplace rehabilitation after a workplace illness, by using many social mechanisms. These mechanisms include the set up of a beaurocratic organisation—Workcover, to administer the Act. Workcover educates the public through the use of training schemes, graphic television commercials and standards as a guide to correct practice. Evolution of the Act to management of safety by employers and employees demonstrated that legislation is a self-referential system that has feedback loops which are the result of the education of society. The mechanisms used in the processes of education are socially constructed. Legislation is therefore used to guide society into acceptance of an ideal/framework.
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Ntimba, David Isaac, Karel Frederick Lessing, and Ilze Swarts. "Post-1994 labour legislations: An overview of influence on employment relations in emerging markets." Journal of Governance and Regulation 9, no. 4 (2020): 94–105. http://dx.doi.org/10.22495/jgrv9i4art8.
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The purpose of this paper is to provide an overview of the primary labour legislation that was promulgated after the democratization of South Africa after 1994. These legislations were introduced as regulatory and corrective measures for workplace relationships in work organizations (Booysen, 2005; Vettori, 2018). The data for this paper was collected through the perusal of scientific journals, newspaper articles, published/unpublished dissertations and theses, textbooks, and other relevant informative documents. The significant and influential role, which these labour legislations played in the development of a new era of employment relations in South Africa, cannot be overstated. The South African perspective of employment relations is also presented and discussed in this paper to reveal its nature and its role-players, such as the state, trade unions, and employers’ organizations (Ehlers & Jordaan, 2016; Smith & Diedericks, 2016). The workplace relationship between employers (through their management) and employees (through their trade unions), and the effects which such an antagonistic relationship has had on the South African labour market are also addressed (Finnemore & Koekemoer, 2018). The main finding of this paper is that there has been an improvement in workplace relationships, since the implementation of the post-1994 labour legislation although such improvement has been gradual.
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Faizal, Liky. "A Transformation of Islamic Law in Legislation of Domestic Violence (PDKRT) Law in Indonesia." AL-'ADALAH 15, no. 1 (January 18, 2019): 1. http://dx.doi.org/10.24042/adalah.v15i1.2509.
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This article aims to study the transformation of Islamic Shari’a values in the foundation of the law legislation in Indonesia. This study is legal-normative in which, in its analyzing phases, it uses both qualitative techniques of primary and secondary legal materials. The findings of this study indicate that the Islamic Shari’a values have been actualized in the laws and regulations in the elimination of domestic violence in Indonesia. Transformation of Islamic Sharia values is conducted through two approaches, namely through the principles of the content of legislation, and actualization through the material legislation.
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Yana, Simutina. "Decodification VS recodification of the labor legislation of Ukraine." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 291–97. http://dx.doi.org/10.33663/0869-2491-2020-31-291-297.
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Introduction. The article is devoted to the study of urgent problems arising in the process of reforming labor legislation in Ukraine with a view to its liberalization. In connection with the introduction of the draft Labor Law, register for consideration by the Verkhovna Rada of Ukraine, No. 2708 dated 12/28/2019, the author focuses the attention on the question regarding the form of the main legislative act in the field of labor in Ukraine. The aim of the article is to find out the differences between the forms of systematization of legislation, in particular, codification, recodification and decoding, and to justify taking into account the peculiarities of the national legal system, which of these types is the most appropriate in the process of reforming the labor legislation in Ukraine. Results. The codification of legislation is primary in relation to other legal phenomena, as it underlies decodification and recodification. The codification is an independent and complete form of systematization of legislation, which can be replaced by decodification or recodification only in certain cases. The latter are completely opposite to each other and are directly dependent on codification, since the absence of a codified act makes them impossible. Recodification is a form of refinement of a codified act, a kind of tool for eliminating gaps in the legal regulation of a particular sphere of public relations. The existence of a codified act in the sphere of work for Ukraine is a legal tradition. The reform of labor law must be done with due regard to the fact that labor law is, among other things, a special tool for the implementation of social policy of the state and an independent branch of law, which is fundamentally different from other branches (civil, administrative) in its subject, method, the functions and principles of legal regulation. The comprehensive and systematic reform of the entire branch of labor law should be carried out through its recodification, that is, the adoption of a new modern Labor Code of Ukraine or Labor Code, which will concentrate most direct labor rules of labor, while maintaining the most fundamental provisions of current legislative and regulatory acts, which justified themselves terms. Conclusions. Modernizing the labor legislation of Ukraine in the form of its recodification is the most optimal option for further independent development of the labor law branch in the legal system of Ukraine.
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Utkina, M. S. "Legal Nature of Primary and Public Financial Intelligence Entities in the Field of Combating Money Laundering." Legal horizons, no. 23 (2020): 73–77. http://dx.doi.org/10.21272/legalhorizons.2020.i23.p73.
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One of the most important global problems facing society is the control of cash flows, as well as the fight, counteraction and prevention of money laundering. In particular, the process of laundering such revenues poses an extreme threat not only to the financial system but also to the national system as a whole. Currently, there is an urgent need to develop a strategy that will quickly and effectively combat cases of abuse of the financial system of the state. The definition of financial intelligence was provided as a set of measures defined at the legislative level by authorized entities of primary and state financial intelligence and aimed at fulfilling the requirements of current legislation in the context of combating and preventing money laundering. The article determined that in accordance with the current legislation, the financial intelligence system is a two-tier system. This is due to the fact that the financial intelligence system consists of two levels – primary and state intelligence. Given the global nature of the problem of money laundering and terrorist financing, the issue of financial intelligence was considered in the context of two levels – national and supranational. The article analyzes different approaches to the classification of financial intelligence entities. In particular, the category of entities within the competence for financial intelligence was determined: leading and auxiliary. Entities depending on the level of financial intelligence are singled out – primary entities and entities of state financial intelligence. An approach to the classification of financial intelligence entities according to their main purpose was defined. According to this criterion, direct and indirect entities of financial intelligence were distinguished.
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Vvedenskaya, E. S., and A. V. Palekhov. "Palliative care organization in the light of updated legislation." Kachestvennaya Klinicheskaya Praktika = Good Clinical Practice, no. 5 (February 14, 2021): 80–86. http://dx.doi.org/10.37489/2588-0519-2020-5-80-86.
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The article provides a detailed analysis of the main palliative care organization in the Russian Federation provisions in the light of the new federal legislation amendments approved in 2019, the work collaboration of primary and specialized palliative care units, as well as interaction with the social care institutions and organizations; the issue of storage and use of narcotic and psychotropic drugs by citizens living in inpatient social care organizations purchased with prescriptions is being discussed.
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Duncan, Jill, Renée Punch, Mark Gauntlett, and Ruth Talbot-Stokes. "Missing the mark or scoring a goal? Achieving non-discrimination for students with disability in primary and secondary education in Australia: A scoping review." Australian Journal of Education 64, no. 1 (February 19, 2020): 54–72. http://dx.doi.org/10.1177/0004944119896816.
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Australia has legislation in the form of the Disability Discrimination Act 1992 (Cth) and the Disability Standards for Education 2005 (Cth) that has the objective of eliminating disability discrimination. The purpose of this scoping review was to determine the extent to which this legislation is achieving the elimination of discrimination against students with disability in primary and secondary schooling. The review reports on the findings of a systematic search of law and education databases that identified 18 peer-reviewed articles discussing the legislation, relevant literature and related case law in the context of the education of students with disability in Australia. Content analysis of the articles indicated the existence of problems in several areas of the intersection between the law, policy and practice. These are outlined under five key themes: inclusion/exclusion, jurisdictions and definitions, the complaints-driven system, legislation clarity and reasonable adjustments. The review concludes with recommendations and suggestions for action.
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Eyler, Amy A., Elizabeth Budd, Gabriela J. Camberos, Yan Yan, and Ross C. Brownson. "State Legislation Related to Increasing Physical Activity: 2006–2012." Journal of Physical Activity and Health 13, no. 2 (February 2016): 207–13. http://dx.doi.org/10.1123/jpah.2015-0010.
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Background:Strategies to improve physical activity prevalence often include policy and environmental changes. State-level policies can be influential in supporting access and opportunities for physical activity in schools and communities. The purpose of this study was to explore the prevalence of state legislation related to physical activity and identify the correlates of enactment of this legislation.Methods:An online legislative database was used to collect bills from 50 states in the U.S. from 2006 to 2012 for 1010 topics related to physical activity. Bills were coded for content and compiled into a database with state-level variables (eg, obesity prevalence). With enactment status as the outcome, bivariate and multivariate analyses were conducted.Results:Of the 1,542 bills related to physical activity introduced, 30% (N = 460) were enacted. Bills on public transportation and trails were more likely to be enacted than those without these topics. Primary sponsorship by the Republican Party, bipartisan sponsorship, and mention of specific funding amounts were also correlates of enactment.Conclusion:Policy surveillance of bills and correlates of enactment are important for understanding patterns in legislative support for physical activity. This information can be used to prioritize advocacy efforts and identify ways for research to better inform policy.
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Blacconiere, Walter G., and W. Dana Northcut. "Environmental Information and Market Reactions to Environmental Legislation." Journal of Accounting, Auditing & Finance 12, no. 2 (April 1997): 149–78. http://dx.doi.org/10.1177/0148558x9701200203.
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Environmental issues have attracted national attention and are becoming a focus at many firms. This paper examines the relation between stock price reactions to the Superfund Amendments and Reauthorization Act (SARA) of 1986 and environmental information. We include alternative information sources in a test of the value relevance of environmental data. We find some evidence that chemical firms with more extensive environmental disclosures included in their 10-K reports had a less negative reaction to SARA, while firms with greater exposure to Superfund costs (based on EPA data) had a more negative market reaction. A primary contribution of our research is the finding that both financial statement environmental disclosures and estimated Superfund costs have incremental value relevance.
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Abdrasulov, Ermek B. "Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan." osteuropa recht 67, no. 2 (2021): 133–44. http://dx.doi.org/10.5771/0030-6444-2021-2-133.
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This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.
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Hrnčiříková, Miluše, and Lucia Valentová. "RECOGNITION OF SURNAMES IN CZECH LEGISLATION AND JUDICATURE." Review of European and Comparative Law 29, no. 2 (June 15, 2017): 9–32. http://dx.doi.org/10.31743/recl.4265.
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There are more thent 13 milion EU citizens livinig outside of the country of their nationality and the recognition of their legal status, incl . their names and surnames, is often essential for the maintenance of their personal and cultural identity . This article focuses on the allowed form and recognition of surnames of natural persons in the EU . This question will be examined within the Czech legal system, but the emphasis will be placed on the case-law of European courts that greatly affects and shapes this area of law in the EU member states . The regulation of surnames represents questions of the national, international and European law, as well as privat law, public law and primary and secondary Union law