Artykuły w czasopismach na temat „Law reform – france”
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1
Stetson, Dorothy M. "Abortion Law Reform in France". Journal of Comparative Family Studies 17, nr 3 (1.10.1986): 277–90. http://dx.doi.org/10.3138/jcfs.17.3.277.
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Omar, Paul J. "Company Law Reform in France". European Business Law Review 12, Issue 3/4 (1.03.2001): 76–78. http://dx.doi.org/10.54648/358915.
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Menjucq, Michel. "The Company Law Reform in France". Rabels Zeitschrift für ausländisches und internationales Privatrecht 69, nr 4 (2005): 698. http://dx.doi.org/10.1628/003372505774580978.
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Casassus, B. "FRANCE: Reform Law Fails to Impress Researchers". Science 310, nr 5745 (7.10.2005): 33a. http://dx.doi.org/10.1126/science.310.5745.33a.
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Taylor, Simon. "Clinical Negligence Reform: Lessons from France?" International and Comparative Law Quarterly 52, nr 3 (lipiec 2003): 737–47. http://dx.doi.org/10.1093/iclq/52.3.737.
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On 4 March 2002, the French legislature enacted the ‘Patients’ Rights & Quality of the Health System Act’ which introduces reforms in the relationship between the medical profession and the patient.1 As part of this wider reform, Part IV of the Act establishes a new system for the compensation of victims of medical accidents. The new legislation retains the traditional liability rules but puts in place a parallel system which aims to guarantee compensation for serious accidents, whether or not the accident is caused by negligence, without the need to resort to litigation in these cases. The new French rules are of considerable interest in view of the current debate in the United Kingdom on clinical negligence reform.
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Hansen, Jesper Lau. "The Danish company law reform". Corporate Ownership and Control 7, nr 2 (2009): 146–51. http://dx.doi.org/10.22495/cocv7i2p12.
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Company law in the European Union is rapidly changing. Recent years have seen company law reform in large Member States such as the United Kingdom, Germany, and France. In the Nordic region, the Companies Acts of Finland and Sweden were extensively reformed in 2006 and now it is the turn of Denmark. This paper will present the background to the proposed reform of Danish company law and provide an overview.
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Semeko, Galina. "Emmanuel Macron's neoliberal revenge". Urgent Problems of Europe, nr 3 (2021): 54–84. http://dx.doi.org/10.31249/ape/2021.03.03.
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France is currently going through a rather difficult period of reforms carried out by President Emmanuel Macron in order to bring the economy out of prolonged stagnation and restore the country's «greatness» in the world. Macron's reform initiatives, based on monetarist recipes and the concept of supply-side economics, are considered in the context of the global trend towards economic liberalization that began in the 1970 s and included most developed and developing countries. Until now, changes in France have been slow, with a great lag from other European countries and accompanied by mass protests of the population, because they run counter to the principles of the post-war dirigiste socio-economic model. France went through a long period of liberalization and retreat of the state, and the French model of the market economy has acquired a kind of hybrid character: it is no longer a dirigiste, but also neither a liberal model of the classical (Anglo-Saxon) type. The President set a task to bring the neoliberal transformation of the French socio-economic model to its logical end by reforming institutions that do not meet modern challenges. The article analyzes the most important reforms that were carried out by French presidents before E. Macron, in order to reduce the public sector, change labor law and collective bargaining procedures, reduce social expenditures of the state, etc. The role of E. Macron in neoliberal reforms during the presidency of F. Hollandeis shown. Particular attention is paid to the tasks and content of E. Macron's landmark reforms, including the reform of labor legislation, tax reform, the reform of the state monopoly in the field of railway transport, and the incomplete pension reform. The President has surpassed his predecessors in terms of the scale and significance of neoliberal reforms. This is unquestionably major breakthrough in neoliberal transformation, which will have an impact on the further development of the country's economy.
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SMITH, TIMOTHY B. "THE SOCIAL TRANSFORMATION OF HOSPITALS AND THE RISE OF MEDICAL INSURANCE IN FRANCE, 1914–1943". Historical Journal 41, nr 4 (grudzień 1998): 1055–87. http://dx.doi.org/10.1017/s0018246x98008164.
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This article explores the impact of the First World War on the social reform movement in France, emphasizing hospital policy and medical insurance. I argue that the war gave birth to a concerted reform movement which succeeded in bringing about fundamental changes to health care policy. During the inter-war years, the French embarked on a mission to replace the traditional hospital, the maison des pauvres, with modern facilities designed to cater to the middle class as well as to the poor. In 1928, a landmark law was passed which extended medical insurance to workers and the lower middle class. By 1940, over one half of the population was covered by medical insurance, and dozens of modern hospitals had been constructed. The impetuses to this national reform legislation were the numerous local experiments, whose stories I examine in some detail. Despite the image of Third Republic ‘decadence’, the success of health policy reform during the 1920s and 1930s shows that France was indeed capable of important domestic reforms. Under Vichy, these reforms were consolidated and after the Liberation, Vichy's efforts were saluted and affirmed by French politicians.
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STONE, ALEC. "Judging Socialist Reform". Comparative Political Studies 26, nr 4 (styczeń 1994): 443–69. http://dx.doi.org/10.1177/0010414094026004003.
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Case studies of judicial-political interaction during two periods, 1969-1976 in Germany and 1981-1985 in France, illustrate two general points about constitutional politics in both countries. First, constitutional courts are powerful policy makers whose impact on legislative processes and outcomes is multidimensional. These courts are more than simply negative legislators, empowered to veto legislative provisions. They also exercise creative legislative powers: to recast policy-making environments, to encourage certain legislative solutions while undermining others, and to have the precise terms of their decisions written directly into legislative provisions. Second, governments and parliamentarians are often led to behave judicially, to debate and make meaningful decisions about the constitutionality of legislation. In France and Germany, both the making of public policy and the construction of constitutional law are products of sustained and intimate judicial-political interaction.
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Donovan, James. "Combatting Bias in the Criminal Courts of France, 1870s-1913". American Journal of Legal History 60, nr 2 (23.05.2020): 137–68. http://dx.doi.org/10.1093/ajlh/njaa008.
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Abstract In nineteenth-century France, liberals assumed that a conservative judiciary was frequently biased in favour of the prosecution, and socialists assumed that juries were dominated by the upper classes and too unrepresentative of the population to render justice equitably. Agitation by the left to combat these perceived biases led to the adoption of two key reforms of the fin de siècle. One was the abolition in 1881 of the résumé, or summing-up of the case by the chief justice of the cour d’assises (felony court). Liberals thought this reform was necessary because judges allegedly often used the résumé to persuade jurors in favour of conviction, a charge repeated by modern historians. The other reform, beginning at about the same time, was to make jury composition more democratic. By 1880, newly empowered liberals (at least in Paris) had begun to reduce the proportion of wealthy men on jury lists. This was followed in 1908 by the implementation of a circular issued by the Minister of Justice ordering the jury commissions to inscribe working-class men on the annual jury lists. However, a quantitative analysis of jury verdicts suggests that the reforms of the early 1880s and 1908 had only modest impacts on jury verdicts. Ideas and attitudes seem to have been more important. This has implications regarding two key controversies among modern jurists: the extent to which judges influence jurors and the extent to which the characteristics of jurors influence their verdicts.
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Syrovatka, Felix. "Nuit Debout: Frankreich gerät in Bewegung!" PROKLA. Zeitschrift für kritische Sozialwissenschaft 46, nr 183 (1.06.2016): 317–23. http://dx.doi.org/10.32387/prokla.v46i183.116.
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France is in motion! In spring 2016, a huge movement against the French labor law reform formed and is since then protesting in the streets and squares all over France. The article examines these struggles and asks, why the movement is currently on the rise. It discusses the struggles in relation to the general crisis dynamics and focuses on the protests of trade unions and civil society (Nuit Debout). Furthermore, the labor law reform of the Valls-Government is being illustrated in the context of the recent French labor market policy and its continuities.
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TIAN, Yiran. "A Study on the System of Residence Preferences for Foreign Investors in France". Journal of Social Science Humanities and Literature 6, nr 4 (11.08.2023): 57–62. http://dx.doi.org/10.53469/jsshl.2023.06(04).14.
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As a member of the European Union (EU), France's legal system for foreign investment includes the provisions of EU law and relevant domestic legislation. EU law is the prerequisite and framework for domestic legislation to promote foreign investment. Without violating the relevant treaties signed by the EU and EU law, France can formulate its own investment management policy according to its own national conditions. In recent years, in order to promote foreign investment, France has been seeking for innovation and change, and has carried out a series of reforms on the legal system for foreign investment on the basis of compliance with the investment-related laws and regulations at the EU level. The reform of France's legal system for promoting foreign investment mainly focuses on the issuance of visas for high-end talents and foreign students to attract foreign investors, as well as multi-type and multi-level tax incentives to attract foreign-invested enterprises. However, the effectiveness of the reform of France's legal system for promoting foreign investment has been affected to some extent by the complicated tax collection and management system and the tilted protection of employees in the labor law. Through a series of studies, this paper attempts to sort out the overall thinking and specific initiatives of France's reform of its legal system for promoting foreign investment, and objectively assess its impact and effectiveness, with a view to summarizing the lessons that can be drawn from China's efforts to improve its legal system for promoting foreign investment..
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Griggs, Steven, i James Radcliffe. "Bridging the Gap Between Planning and Markets: Regulating Public Hospitals in Britain and France". Medical Law International 1, nr 2 (marzec 1994): 195–208. http://dx.doi.org/10.1177/096853329400100204.
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This article compares the impact of recent legislation on health care in Britain and France. It examines the contrasts between the British aim of introducing an internal market into health care with French efforts to improve planning systems. It is contended that there are serious problems with both reform proposals, but that aspects of the French planning reforms may provide potential solutions to the flaws in the NHS internal market.
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Carducci, G. "The Arbitration Reform in France: Domestic and International Arbitration Law". Arbitration International 28, nr 1 (1.03.2012): 125–58. http://dx.doi.org/10.1093/arbitration/28.1.125.
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Dati, Rachida, i Ruth Morris. "France in the Process of Change: Law, Reform and Society". Israel Journal of Foreign Affairs 3, nr 1 (styczeń 2009): 109–12. http://dx.doi.org/10.1080/23739770.2009.11446357.
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Levillain, Kevin, i Blanche Segestrin. "On Inventing the Purpose-Driven Enterprise". Valuation Studies 6, nr 1 (1.02.2019): 87–93. http://dx.doi.org/10.3384/vs.2001-5992.196187.
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In this article we present the main lineaments for a reform of the business corporation introducing the purpose of the firm. In France, a report commissioned by the government recommends that two new concepts should be introduced in law: the raison d’être of the firm and “purpose-driven enterprises.” This reform partly originated in a research program carried out in France after 2009. The legal articulation of a so-called “purpose-driven enterprise” has now taken off, first in the US and now in France and elsewhere. It paves the way to introducing sustainability issues and new valuations processes in corporate governance.
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Örūcu, Esin. "Conseil D'etat: The French Layer of Turkish Administrative Law". International and Comparative Law Quarterly 49, nr 3 (lipiec 2000): 679–700. http://dx.doi.org/10.1017/s0020589300064447.
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In both the Ottoman Empire and the Turkish Republic, legal reform efforts have invariably relied on Western models and in administrative law this model has been the French. The first such effort was with the Tanzimat (The Charter of Reformation) in 1839, though these reforms did not have deep effect until the 1860s when the bases of the main administrative institutions such as the Turkish Conseil d'Etat were laid down.1 However, the Conseil d'Etat was not the only institutional model taken from France. The French layer of Turkish administrative law includes other institutions such as the Cour des Comptes, the Tribunal des Conflits, some financial organisations, the system of autonomous provincial and local administration and administrative tutelage.2
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Rehfeldt, Udo. "Industrial relations in France". Employee Relations 40, nr 4 (4.06.2018): 617–33. http://dx.doi.org/10.1108/er-02-2017-0033.
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Purpose The purpose of this paper is to present the actors, institutions and changing rules of the French system of industrial relations (IR). It questions whether the traditional view of the French model as “state-centric” is still adequate. Design/methodology/approach Based on institutionalist IR theories of social regulation and neocorporatism, the paper analyses the evolution of the French IR system from a “State-centric” model to the development of collective bargaining, both at the sector and company level, as well as of tripartite concertation. Findings Initially based on adversarial relations between trade unions and employers, compensated by strong state interventionism, the French IR system has experienced a series of reforms, adopted under the pressure of the unions in the 1980s and mostly under the pressure of the employers’ organisations since the turn of the century. These reforms boosted collective bargaining at the workplace level and tripartite concertation at the peak level. The paper analyses the limits of both developments and explains why a reversal of the hierarchy of norms was imposed in 2016 by law without prior concertation. Originality/value The paper presents an original explanation of the change of the initial French IR model, stressing the importance of power relations and the role of IR experts in the different reform moments.
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Марку, Жерар, i Zherar Marku. "THE LAW AND LAW-MAKING IN FRANCE". Journal of Foreign Legislation and Comparative Law 1, nr 4 (29.10.2015): 0. http://dx.doi.org/10.12737/14262.
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The article deals with the relation of the law and departmental law-making in France according on three types: the unity, “spreading”, the openness of the law-making process. The first view of the law-making in France is the unity in the framework of which the question of ensuring the unity of the European Union is developed. Particular attention is paid to the government’s management of the legislative process, the government authority to issue by-laws, the procedure of drafting legislation and decrees of general importance. The second type of realization of law-making in France — outside the Government activity law-making — “spreading”. The impact on the performance of law-making is revealed, new sources of law-making such as acts of European Union are marked, independent state bodies, local self-government. Particular attention is paid to such new phenomena as the legal normativity soft law (“soft law”, “droit souple”). Regarding the third kind of the law-making — the openness — it is noted that the process of law-making is not limited to the relationship between the Government and the Parliament, and all sectors of society and interest groups are involved in that process. It is noted that the amendment to the Constitution, adopted in 2008, resulted in a significant reform of the legislative production. When writing this article except for general scientific research methods (analysis and synthesis), the author has used the formal-logical, theoretical, systematic legal, historical and comparative law. Scientific novelty of the work lies in the comprehensive and systematic approach to the study of the relation of the law and guided-governmental lawmaking in France, which is conducted in three species. Analysis of the development of the main types of law-making in France and law inforcement practice at the present stage is of great scientific and practical importance. The research results can be taken into account in the development of proposals for the implementation in the Russian Federation of new approaches in law-making, adequate to modern socio — economic development of the country, relevant to the international-legal standards and the experience of foreign countries.
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Wright, Susan. "France – The French Conseil Constitutionnel and Constitutional Reform". European Public Law 1, Issue 1 (1.03.1995): 23–25. http://dx.doi.org/10.54648/euro1995006.
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Sorensen, Anker. "Insolvency Reform in France: Monitors - Dressing Up an Old Institution". European Business Law Review 7, Issue 1 (1.01.1996): 6–9. http://dx.doi.org/10.54648/eulr1996004.
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BÉLAND, DANIEL. "Does Labor Matter? Institutions, Labor Unions and Pension Reform in France and the United States". Journal of Public Policy 21, nr 2 (maj 2001): 153–72. http://dx.doi.org/10.1017/s0143814x01001088.
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This article challenges Paul Pierson's account on the (supposedly declining) role of labor unions in the ‘new politics of the welfare state’. More specifically, the text compares labor's influence on the French and the American politics of pension reform since the 1980s. The analysis of recent reforms undertaken in both countries demonstrates the impact of institutions and managerial settings on labor's political strategies. These institutional variables explain the fact that French unions have a much more direct influence on public pension reform than their American counterparts. In France, labor unions have an ideological ‘veto point’ derived from their integration into the management process. Their strong influence on the ‘new politics of the welfare state’ is undeniable: labor still matters.
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Nash, Bradley. "Labor Law Reform and Organized Labor: A Comparative Historical Sociology of Unanticipated Outcomes". Humanity & Society 43, nr 2 (25.12.2017): 120–39. http://dx.doi.org/10.1177/0160597617748167.
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This article provides a comparative historical examination of the unanticipated consequences of labor law reforms in capitalist democracies during the twentieth century. The study of unexpected effects has a long history in sociology, and the cases analyzed here prove particularly instructive. Primary attention is given to earlier labor law projects in Germany and France that targeted the role of organized labor within industrial relations. Though divergent in political aims, legal reforms in the two countries converged in that the outcomes proved contrary to state intentions. Specifically, whereas postwar German conservatives had hoped to weaken labor unions with the Works Constitution Act of 1952 and French socialists aimed to strengthen organized labor by implementing the Auroux Laws during the 1980s, the legislative initiatives in the two nations ultimately had unexpected impacts. Analysis of what caused these unanticipated effects points toward two common factors: strategic actions (or inactions) by relevant social agents and the indeterminate nature of legal discourse itself. This article concludes with a consideration of the possibilities for labor law reform in the United States.
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Booley, Ashraf. "Progressive Realisation of Muslim Family Law: The Case of Tunisia". Potchefstroom Electronic Law Journal 22 (24.10.2019): 1–28. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a2029.
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From the time when women's rights were not placed high on the agenda of any state to the time when women's rights are given top priority, Tunisia's gender-friendly legislation requires a fresher look. One would be forgiven for thinking that Tunisia's reforms started after they gained independence from France in the 1950's. In fact, it was during the French Protectorate that reformers started rumours of reform, arguing amongst other issues for affording women more rights than those they were granted under sharia law, which governed family law in Tunisia. After gaining its independence, Tunisia promulgated the Code of Personal Status, which was considered a radical departure from the sharia. It is considered to be the first women-friendly legislation promulgated in the country. It could be argued that Tunisian family law underwent, four waves of reform. The first wave started during the French Protectorate. The second wave started in the 1950's with the codification of Tunisia's family law, which introduced women-friendly legislation. The third wave started in the 1990's with changes to the Code of Personal Status, and the latest wave commenced in 2010. In this article, I analyse the initial, pioneering phases of the reforms resulting from the actions of a newly formed national state interested in building a free society at the end of colonial rule, as well as reforms that have taken place in the modern state since the Arab uprising in Tunisia. As a result of the various waves of reforms, I argue that Tunisia should be seen as the vanguard of women-friendly legislation in the Arab world.
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Sawyer, Jeffrey K. "Judicial Corruption and Legal Reform in Early Seventeenth-Century France". Law and History Review 6, nr 1 (1988): 95–117. http://dx.doi.org/10.2307/743922.
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In 1614, an angry pamphleteer writing in the name of six peasants described for his French readers how the country was being taken over by lawyers. Legal officials had swelled their purses, bellies, and heads by gobbling up the rest of France; they were like a growing infestation of “leeches,” he exclaimed passionately, “that suck our blood right to the bone.” These judicial parasites were so disgusting that one should not even consider them a part of society; they were a foreign substance “born of putrefaction and living off putrescence.”
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Baudino, Claudie. "Parity Reform in France: Promises and Pitfalls". Review of Policy Research 20, nr 3 (wrzesień 2003): 385–400. http://dx.doi.org/10.1111/1541-1338.00027.
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Cvetkova, Irina. "The Abolition of the Concept of “Causa” in French Civil Law". Białostockie Studia Prawnicze 26, nr 5 (1.12.2021): 91–102. http://dx.doi.org/10.15290/bsp.2021.26.05.06.
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Abstract Causa is a subjective motive that determines the content of the obligation or material interest, which encourages the party to the trade to enter into an obligation taking on the associated burdens. In the countries of continental (mainland) Europe that belong to the Romano-Germanic law system, such as Germany, France, and Italy, the goal (objective) of the parties to the trade, causa, is legally significant. In the theory of the Civil law of the Romano-Germanic system, there is a general principle – any obligation arises for some purpose, which is called the basis of obligation. Causa is an individual interest that meets the requirements of the legal system. France was one of the last European countries that did not recognise the contingency theory as a basis for regulating the binding force of a contract. In practice, the courts have faced criticism of the concept of causation from both doctrine and law enforcement practice. In 2016, there was a significant reform of the French law of obligations. Legal science, undeservedly, did not attach due importance to one of the most noticeable innovations within the framework of the mentioned reform – the abolition of the concept of “causa” (reason, basis) of the contract, which until recently was one of the most original features of the French law and originated from Roman law, which was fixed in the Napoleonic Code. In this article, the theoretical provisions for the abolition of the concept of causa in French civil law, within the framework of the reform of the Civil Code, were investigated, and the corresponding conclusions were drawn.
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Rowan, Solène. "THE NEW FRENCH LAW OF CONTRACT". International and Comparative Law Quarterly 66, nr 4 (22.08.2017): 805–31. http://dx.doi.org/10.1017/s0020589317000252.
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AbstractThe article analyses the recent reform of contract law in France. The section of the Civil Code on the law of contract was amended and restructured in its entirety last year. The revised section came into force on 1 October 2016. The article considers its main innovations and compares them with the corresponding principles of English law and some contract law international instruments, mainly the UNIDROIT Principles and the Principles of European Contract Law. The article also assesses whether the new provisions achieve their stated aim of rendering French contract law more accessible, predictable, influential abroad and commercially attractive.
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Giliker, Paula. "CODIFYING TORT LAW: LESSONS FROM THE PROPOSALS FOR REFORM OF THE FRENCH CIVIL CODE". International and Comparative Law Quarterly 57, nr 3 (lipiec 2008): 561–82. http://dx.doi.org/10.1017/s0020589308000419.
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AbstractThis article deals with a topic at the heart of modern comparative law: codification of private law on a national and European level. It offers a critical assessment of the recent French attempt to redraft the obligations provisions of its civil code, focusing on the revisions to the law of tort or delict. There has been little analysis of these provisions within or outside France. This article examines the key changes proposed and identifies the implications in terms of tort policy.
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Kimble, Sara L. "Of “Masculine Tyranny” and the “Women's Jury”: The Gender Politics of Jury Service in Third Republic France". Law and History Review 37, nr 4 (24.09.2019): 867–902. http://dx.doi.org/10.1017/s0738248019000324.
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In belle époque France, criminal juries were criticized as too tolerant of crime and too lenient to effectively punish criminals. While the French institution of the jury was under attack by magistrates and other elites, mixed sex juries provided an alternative model. Jury reformers advocated the introduction of mixed-sex criminal juries in France in order to render better verdicts and reduce crime, especially in the areas of infanticide and abortion. The French National Assembly debates over proposed legislation, however, stalled over political concerns with women's truncated citizenship rights. Historical analysis of the types of arguments deployed in this jury reform debate (including archival documents, parliamentary records, and press sources) reveals that reform proponents argued that gender difference-especially in terms of morality and psychology-justified women's admission to juries, particularly in cases of infanticide and abortion. The operation of an unofficial “women's jury” (jury féminin) between 1905 and 1910 in Paris demonstrated women's judicial decision-making capacity. Analysis of this citizens' jury documents the development of a feminist critique of the legal treatment of domestic violence, reproductive freedom, and marriage law publicized in the early twentieth century. This research contribution posits grounds for the re-periodization of feminist legal history as viewed through this case study of women's claims to jury service in Third Republic France.
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Kalakun, N. "Decentralization of power in european countries: the experience of polish and french reforms as a conceptual basis for the organizational structure of Ukraine's governing bodies". Economics, Entrepreneurship, Management 8, nr 1 (lipiec 2021): 98–107. http://dx.doi.org/10.23939/eem2021.01.098.
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The reform of the state power, both at the level of local self-government and at the level of the state executive authorities, cannot be carried out without reviewing the basic legislative framework, Amendments to the current legislation and the development and adoption of completely new regulations, which will be the legislative basis for the quality implementation of the public administration reform. The work analyzes the current stage of reforming the administrative and territorial structure of our state, which provides for a significant expansion of the sphere of influence and competence in certain areas of local self-government bodies. The reform of local self-government must be carried out on the basis of the Constitution and laws of Ukraine, the provisions of the European Charter of Local Self-Government and respect for the basic European principles of democracy. That is why the best example for the implementation of reforms in Ukraine can be the experience of European countries on the implementation of the reform of the new distribution of powers among the authorities. The most practical way for Ukraine will be to apply the experience of reforming the governing bodies of France and Poland. This article contains my developed comparative table of the duties of a newly established body, such as a prefect in Ukraine, as well as the corresponding duties of officials of this type in European countries (Poland and France). The work also investigated the impact of the newly established body on local self-government. The current draft of the Law of Ukraine "About Prefect" is analyzed and the appropriate conclusions are made.
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ZAKHAROVA, MARIA V. "Socialism with Antisocial Face or Some Results of Labor Law Reform in France***". LEGAL EDUCATION AND SCIENCE 5 (15.06.2017): 36–39. http://dx.doi.org/10.18572/1813-1190-2017-5-36-39.
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Moss, Bernard H. "Industrial Law Reform in an Era of Retreat: The Auroux Laws in France". Work, Employment and Society 2, nr 3 (wrzesień 1988): 317–34. http://dx.doi.org/10.1177/0950017088002003003.
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France is perhaps the only country in the Western world which because of the predominance of class-struggle unionism has not developed a system of mutually binding collective bargaining. The Auroux Laws enacted under the presidency of Francois Mitterrand were chiefly designed to encourage workplace participation and contractual partnership between unions and management. This article examines their origins, rationale and short-term results to illustrate the dependency of legally-induced collective bargaining on the broader economic and political environment. Under depressive labour market and political conditions the reforms barely altered existing relationships. Their potentially integrative effects were vitiated by union weakness, radical opposition and the absence of material incentives for cooperation. While the reforms helped shift the focus of labour relations from the industry to the firm, it was a process dominated by management that left little room for collective participation or free and consensual bargaining.
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Block, Laura, i Saskia Bonjour. "Fortress Europe or Europe of Rights? The Europeanisation of Family Migration Policies in France, Germany and the Netherlands". European Journal of Migration and Law 15, nr 2 (2013): 203–24. http://dx.doi.org/10.1163/15718166-12342031.
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Abstract Are the restrictive reforms of family migration policy recently implemented in France, Germany and the Netherlands a result of the introduction of the Family Reunification Directive in 2003? Most existing literature on the Europeanisation of migration policies suggests that restriction-minded national governments shift decision-making to the EU level to escape domestic political and judicial constraints. However, as the Treaties of Amsterdam and Lisbon have empowered the Commission and Court to constrain restrictive reform, this perspective is losing analytical validity. Also, this perspective fails to capture the intensifying processes of policy transfer among Member States, which have inadequately been labelled ‘horizontal’ Europeanisation. We therefore propose a new, actor-centred analytical framework of Europeanisation. We show that contrasting yet parallel dynamics of Europeanisation may emanate from a single legislative instrument and may constrain and empower national governments at the same time.
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Artioli, Francesca. "When administrative reforms produce territorial differentiation. How market-oriented policies transform military brownfield reconversion in France (1989–2012)". Environment and Planning C: Government and Policy 34, nr 8 (26.07.2016): 1759–75. http://dx.doi.org/10.1177/0263774x16642227.
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The article explores the territorial dimension of the reforms that remould state administrations, which is overlooked by both public sector and territorial politics literatures. It is based on a fine-grained case study of how the emergence of an administrative reform aimed at strengthening market coordination in the management and sale of public real estate in France has affected previously existing forms of military real estate management that relied on central and local political bargaining. While existing literature argues that market-oriented administrative reforms tend to side-line political regulation, this reform entails a differentiation rather than a replacement of the operating codes of the state in territories. Indeed, policy change through layering causes the consolidation of different land regimes, a planning-oriented one and a market-oriented one, that apply differentially in territories and leave the local governments with uneven rooms of manoeuvre for political negotiation.
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Haryono, Nanang. "PERBANDINGAN REFORMASI MANAJEMEN PUBLIK INDONESIA DAN PERANCIS". Jurnal Mediasosian : Jurnal Ilmu Sosial dan Administrasi Negara 5, nr 2 (29.09.2021): 132. http://dx.doi.org/10.30737/mediasosian.v5i2.2075.
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AbstrakKajian perbandingan administrasi publik telah berkembang sejalan dengan perkembangan ilmu administrasi publik. Tujuan paper ini adalah mengetahui reformasi manajemen publik di Indonesia dikomparasikan dengan Prancis. Komparasi ini tidak mendudukkan Indonesia vis a vis dengan Prancis, namun untuk menemukan lesson learned untuk membangun Indonesia menjadi lebih baik. Metode yang digunakan adalah studi pustaka. reformasi manajemen publik di Indonesia mempertahankan banyak fitur inti dari negara neopatrimonial yang fundamental, di mana elit politik dan ekonomi yang berkuasa melakukan kontrol ketika beroperasi dalam administrasi publik Weberian. Model reformasi negara Prancis sebagaimana negara-negara eropa kontinental berdasarkan modernisasi (Bouckaert, Pollitt, 2000). Pada negara Prancis, menganggap administrasi negara sebagai domain otonom terpisah dari masyarakat sipil '(Clark, 1998, hal. 100) dan diatur oleh aturan hukum. Berdasarkan studi komparasi reformasi manajemen publik di Indonesia dan Prancis lesson learned yang dapat penulis sampaikan adalah: a) Pelaksanaan Reformasi pada suatu negara harus memperhatikan aspek proses sosial-ekonomi, sistem politik, kebijakan elit berkuasa, dan sistem administrasi; b) Reformasi pada negara maju maupun negara berkembang cenderung mengarah pada penciptaan good government dengan mengadopsi prinsip-prinsip NPM pada tata pemerintahan; c) Dorongan reformasi untuk membangun good government dengan menerapkan NPM melalui paket-paket reformasi harus dibaca ulang disesuaikan dengan karakteristik sosial, budaya, politik dan kondisi masyarakat suatu negara. Kata kunci: perbandingan reformasi, manajemen publik. AbstractComparative studies of public administration have developed in line with the development of public administration science. The purpose of this paper is to find out public management reform in Indonesia compared to France. This comparison does not place Indonesia vis a vis with France, but to find lessons learned to build a better Indonesia. The method used is literature study. Indonesia's public management reforms retain many of the core features of a fundamentally neopatrimonial state, over which the ruling political and economic elite exercise control while operating within the Weberian public administration. The French state reform model as continental European countries is based on modernization (Bouckaert, Pollitt, 2000). The French state considers state administration as an autonomous domain separate from civil society' (Clark, 1998, p. 100) and governed by the rule of law. Based on a comparative study of public management reform in Indonesia and France, the lessons learned that the author can convey are: a) The implementation of reform in a country must pay attention to aspects of socio-economic processes, political systems, policies of the ruling elite, and administrative systems; b) Reforms in both developed and developing countries tend to lead to the creation of good government by adopting the principles of NPM in governance; c) The impetus for reform to build good government by implementing NPM through reform packages must be re-read in accordance with the social, cultural, political and social characteristics of a country. Keywords: comparative reform, public management
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Turner, J. Neville. "The Family Court of Australia: A Triumph or Disaster?" Children Australia 13, nr 4 (1988): 9–11. http://dx.doi.org/10.1017/s031289700000206x.
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The Family Court was introduced in Australia in 1976, almost by legislative legerdemain. There had been little debate about it beforehand. There was no Royal Commission, no Law Reform Report. There was little public agitation or debate about its merits. It was suddenly upon us, as part and parcel of the reform of the divorce laws.How this differs from the position in other countries! In England, the Law Commission invited submissions on Family Courts as early as 1970. The Finer Committee in 1974 strongly recommended them! Numerous commentators since have advocated them in one form or another. The debate continues! But none has yet been set up! France and Germany have established tribunals loosely akin to our Family Court. But they are pallid imitations only. Other countries have tried some experiments. But I know of no country, save possibly Japan, that has established such a radical reform as Australia.
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Hunter-Henin, Myriam. "CONSTITUTIONAL DEVELOPMENTS AND HUMAN RIGHTS IN FRANCE: ONE STEP FORWARD, TWO STEPS BACK". International and Comparative Law Quarterly 60, nr 1 (styczeń 2011): 167–88. http://dx.doi.org/10.1017/s0020589310000709.
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A major constitutional reform has occurred in France. On 1 March 2010, by virtue of the Constitutional Act of 10 December 20091 (itself pursuant to the constitutional reform of 23 July 2008)2 a new form of constitutional review came into force,3 with the blessing of the Conseil constitutionnel (the Constitutional council).4 The changes are considerable: the role of the Conseil constitutionnel has undergone a revolution which will have implications for ordinary courts as well as for citizens' rights. Arguably, the reform transforms the Conseil constitutionnel—so far a council with limited powers of review—into a true Constitutional court, and as discussed below, opens up constitutional issues in ordinary litigation, enhancing the protection of citizens' human rights. Owing to the reform, ‘Constitutional rights and liberties guaranteed by the Constitution’ can now be invoked against legislation in the course of litigation. This is a true revolution in France because, up until now, no individual was allowed to invoke the jurisdiction of the Conseil constitutionnel,5 nor were they authorized to invoke a constitutional principle in litigation, as this would have been asking ordinary judges to assess a piece of legislation against the Constitution, a task which exclusively belongs to the Conseil constitutionnel.6 Constitutional rights and liberties will now (as is further discussed below) play a key part in ordinary litigation.
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Tréguer, Félix. "Intelligence Reform and the Snowden Paradox: The Case of France". Media and Communication 5, nr 1 (22.03.2017): 17–28. http://dx.doi.org/10.17645/mac.v5i1.821.
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Taking France as a case study, this article reflects on the ongoing legalisation strategies pursued by liberal states as they seek to secure and expand the Internet surveillance programs of their domestic and foreign intelligence agencies. Following the path to legalisation prior and after the Snowden disclosures of 2013, the article shows how post-Snowden controversies helped mobilise advocacy groups against the extra judicial surveillance of Internet communications, a policy area which had hitherto been overlooked by French human rights groups. It also points to the dilemma that post-Snowden contention created for governments. On the one hand, the disclosures helped document the growing gap between the existing legal framework and actual surveillance practices, exposing them to litigation and thereby reinforcing the rationale for legalisation. On the other hand, they made such a legislative reform politically risky and unpredictable. In France, policy-makers navigated these constraints through a cautious mix of silence, denials, and securitisation. After the Paris attacks of January 2015 and a hasty deliberation in Parliament, the Intelligence Act was passed, making it the most extensive piece of legislation ever adopted in France to regulate secret state surveillance. The article concludes by pointing to the paradoxical effect of post-Snowden contention: French law now provides for clear rules authorising large-scale surveillance, to a degree of detail that was hard to imagine just a few years ago.
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Currie, Robert J. "Wrongful Extradition: Reforming the Committal Phase of Canada’s Extradition Law". Manitoba Law Journal 44, nr 6 (15.01.2022): 1–47. http://dx.doi.org/10.29173/mlj1296.
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There has recently been an upswing in interest around extradition in Canada, particularly in light of the high-profile and troubling case of Hassan Diab who was extradited to France on the basis of what turned out to be an ill-founded case. Diab’s case highlights some of the problems with Canada’s Extradition Act and proceedings thereunder. This paper argues that the “committal stage” of extradition proceedings, involving a judicial hearing into the basis of the requesting state’s case, is unfair and may not be compliant with the Charter and that the manner in which the Crown conducts these proceedings contributes to this unfairness. It also argues that regardless of the Act’s constitutionality, in light of Diab and other disturbing cases, the time is ripe for law reform to ensure that extradition proceedings are carried out in a way that is consistent with Canadian public policy. Some suggestions for reform are made, as well as a proposal for a serious Parliamentary effort.
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Filipenko, A. S. "Experience in organizing the activities of law enforcement agencies in European countries". Analytical and Comparative Jurisprudence, nr 4 (28.04.2022): 208–13. http://dx.doi.org/10.24144/2788-6018.2021.04.36.
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The article considers foreign experience in organizing the activities of law enforcement agencies. It is determined that the field of law enforcement is constantly in a state of dynamic transformation and improvement, which to some extent reflects the direction of national legislation and policies.
It is also noted that according to modern requirements, maintaining the rule of law is one of the most important tasks of the state, so in organizing the work of law enforcement agencies, the implementation of international experience is one of the most important tasks of the rule of law. One of the current trends in the development of the legal system is its openness, which determines the possibility of using advanced foreign concepts to implement universally recognized international principles, norms and standards of human and civil rights and freedoms.It is emphasized that the following facts should be taken into account: historical traditions of legislation and law enforcement, features of socio-economic and cultural development of countries, general cultural and legal consciousness of the population, degree of interaction with government and civil society, features of national police, logistics. providing police and other important factors. International law enforcement standards have an important role to play in policing.It was found that abroad, as in Ukraine, law enforcement reform is part of administrative reform, and the direction of its implementation often depends on the overall objectives of public administration reform. The purpose of most reforms in foreign countries is to: increase the efficiency of national systems; transforming the country into a responsible employer capable of attracting a sufficient number of workers with the necessary qualifications, controlling the cost of their maintenance; increasing the confidence of the private sector and citizens in public institutions.Three models of internal security in European countries are considered: centralized or continental model (Norway, Denmark, Finland, Ireland, Sweden, Spain, Portugal, Italy, France, Belgium, Holland, Luxembourg), decentralized model (Czech Republic, Bulgaria, Romania, Combino) (integrated) model (UK, Germany, Netherlands).
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Bloemberg, R. G. "The Development of the ‘Modern’ Criminal Law of Evidence in English Law and in France, Germany and the Netherlands: 1750–1900". American Journal of Legal History 59, nr 3 (4.08.2019): 358–401. http://dx.doi.org/10.1093/ajlh/njz014.
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Abstract In this article a comparative historical analysis is given of the development of the criminal law of evidence between 1750 and 1870 in, on the one hand, English law and, on the other hand, in the continental jurisdictions of France, Germany and the Netherlands. The main argument is that, although there were significant differences, there were also important similarities in the development of the criminal law of evidence among these jurisdictions that so far have largely gone unnoticed. The article focuses on the ideas underlying the reform of the criminal law of evidence. It will be argued that there were in particular two important ideological changes in the seventeenth and eighteenth centuries that shaped the reform of the criminal law of evidence. For lack of a better term, these developments are called the ‘political-constitutional discourse’ and the ‘epistemological discourse’. The epistemological change consisted of the adoption of a probabilistic conception of the certainty that was required in criminal cases. The term ‘political-constitutional discourse’ is meant to designate the general process of rethinking the relationship between the state and its citizens that took place between the seventeenth and nineteenth centuries.
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UĞUR, Aynaz. "Fransız Milletlerarası Tahkim Kanunu’nun İncelenmesi". International Journal of Social Sciences 5, nr 23 (3.12.2021): 366–87. http://dx.doi.org/10.52096/usbd.5.23.5.20.
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Abstract International arbitration notion contains to be commercial and to be international together, different from national arbitration notion. To be international criterion is to the fullest extent arranged in old French CPC art. 1492, which contains also French Arbitration Code. According to this article which is protected by 13 January 2011 reform; arbitration which is about international commercial benefit is an international arbitration. In 1992 French Arbitration Commitee prepared a report with the name of “Perspectives for İmprovement of French Arbitration Law”. The amendements of the directive of 13 January 2011 is neither a revolution nor an easy make up but it is a real reform which can be known as by the words clarity, definiteness, flexibility, freedom of choice, effectuality and speediness. The reform of 2011 did not changed the liberal structure of the French international arbitration law which is stand by freedom of contract and limited only by public policy. Keywords: France, International Arbitration, Freedom of Choice, Public Policy, Liberal
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Sullivan, John, i Genevieve Lester. "Revisiting Domestic Intelligence". Journal of Strategic Security 15, nr 1 (kwiecień 2022): 75–105. http://dx.doi.org/10.5038/1944-0472.15.1.1976.
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This article looks at the evolution of US domestic intelligence prior to and since 9/11 in light of the Capitol attacks. It also reviews the literature and practice of intelligence reform in the context of foreign comparative experience (France, UK, Canada, Australia). It looks at the promise of fusion centers, cocontemporay domestic intelligence models, and the continuing need for domestic intelligence reform. Additional Keywords: Domestic Intelligence, Intelligence Reform, Intelligence Fusion
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Renoux, Vincent. "New Tax Measures in France: Finance Act 1997 and Finance Reform Act 1996". Intertax 25, Issue 5 (1.05.1997): 216–20. http://dx.doi.org/10.54648/taxi1997038.
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Piletta Massaro, Andrea. "The Italian Class Action Reform: A Redesigned Tool beyond Consumer Law". European Review of Private Law 28, Issue 4 (1.10.2020): 841–64. http://dx.doi.org/10.54648/erpl2020051.
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Given the globalized scale of the current economic system, effective collective redress mechanisms represent a fundamental tool for consumers and citizens. While in the United States collective actions constitute a common instrument, in the European context their development has been more complex. After a Recommendation issued by the European Commission in 2013, several models have been adopted or reformed across Europe. The regulatory competition approach has been preferred in respect of the simple harmonization of the several national rules. In particular, the French system adopted a completely new tool, the action de groupe, in 2014, while in the UK an option for opt-out collective actions has been recently introduced. The debate over reform of collective redress has also flourished in Italy, leading to the adoption of Law No. 31 of 2019, which will enter into force in November 2020 and will completely redesign the Italian collective action model. This reform has broadened the scope of such a remedy, which has also been made available outside the consumer law field. Moreover, the opt-in system has been strengthened, by allowing adherents to join the claim after the decision on the merits issued by the court. The latter solution embodies a transplant of the action de groupe. In the meantime, the European Union has reawakened its interest in the collective redress field and has drafted a directive proposal, which was approved by the Council of the EU in November 2019. This article will analyse the new Italian reform in a comparative perspective with the French model. collective action; class action; collective redress; consumers; damages; tort law; Italy; Italian law; France; French law; reform; compensation; comparative law; European Union.
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GÓMEZ ROJO, MARÍA ENCARNACIÓN. "The purposes of the reform of legal teachings in France 2007, and its continuity until january 2010 [including the Gelmini reform in Italy], next to the perimetration of Law (second part)". Revista Jurídica de Investigación e Innovación Educativa (REJIE Nueva Época), nr 1 (1.01.2010): 69–76. http://dx.doi.org/10.24310/rejie.2010.v0i1.7948.
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Analysis of the recommendations of the experts, in relation to various parameters of interest (quality, financing...), on the implementation of the reform University in France following the criteria imposed by the European Space of Higher education.
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Derbisheva, O. A. "JUDICIAL PROCEEDINGS UNDER FRENCH LAW". Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7 (73), nr 3 (1) (2022): 123–35. http://dx.doi.org/10.37279/2413-1733-2021-7-3(1)-123-135.
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The article analyzes the judicial system of France and its individual elements with an emphasis on the changes that have occurred in the judicial system of the country, namely, the introduction of amendments to the civil procedure code. The basic principles of judicial proceedings are also considered. The theoretical foundations and regulatory framework related to this issue have been studied. France has an extremely complex system of courts of general justice in the field of civil justice, differentiated by subjects of jurisdiction and other grounds and functioning in a certain hierarchy. The judicial system has two levels. The first level includes courts that consider the case for the first time; the second level includes bodies that consider the case on the merits for the second time. The Supreme Court and the Supreme Administrative Court are neither the third level of the judicial system in France, nor the third instance in a case. The guidelines for the reform of the French judicial system contain recommendations aimed at further improving legislation in this area. The definition of justice is one of the most important forms of law enforcement activity in a democratic state. Initially presented as the prerogative of the supreme power, justice has gone through a long period of training and development to become the most effective tool for protecting human rights and freedoms today. In the course of its existence, justice has often been captured by political interference, and has also become hostage to economic and social crises. As a result, at certain points in history, the main activity of the judiciary turned into a justification of the «right of the strong», which inevitably led to unfair and biased proceedings. However, despite the complexity and ambiguity of the historical path chosen by the judiciary, there is a significant trend in it, which is fully manifested in modern democracies. We are talking about the equal distribution of justice to the entire population of citizens, which is associated with the gradual establishment of the principle of equality of all before the law. France is one of the countries where this process is distinguished by a certain uniqueness.
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Matsuda, Masaharu. "Insurance Contract and Aleatory Contract under Reform of the Law of Obligations in France". Hokengakuzasshi (JOURNAL of INSURANCE SCIENCE) 2020, nr 651 (31.12.2020): 651_111–651_137. http://dx.doi.org/10.5609/jsis.2020.651_111.
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Hidayat, Muhammad Thaufik, i Anis Widyawati. "Formulation Policy of Weekend Detention In Indonesia Criminal Law Reform". IJCLS (Indonesian Journal of Criminal Law Studies) 5, nr 1 (17.05.2020): 1–14. http://dx.doi.org/10.15294/ijcls.v5i1.25322.
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The purpose of this study is to explain and describe how the formulation policy of weekend detention in Indonesia's positive law and how the formulation policy of weekend detention in the Indonesian criminal law reform in the future (ius constituendum). This research uses normative juridical method of research which is legal research conducted by examining the library material in the form of secondary data such as law or library material as well as other documents that support and data retrieval technique used is library research techniques and analysis of data used is interactive analysis model. The results showed that (1) criminal formulation policy the weekend detention in Indonesia's positive law of the arrangement in the correctional Institution is not regulated about the policy of weekend detention. However, in Indonesian positive law formulation has an assimilation program which is one of the programs in the actual criminal implementation almost resembles a weekend detention system. (2) The policy formulation of the weekend detention in the renewal of Indonesian criminal law (penal policy) can be done by the study of the law comparative countries such as France, Portugal, Vanuatu, Queensland and New South Wales that have implemented a relatively advanced prison system that is the weekend detention. The formulation of weekend detention that is expected to be valid in Indonesia in the future is to develop it firmly in the draft Penal code and paste it in article 65 the Draft Penal code or if the government is about to arrange codification in the law of criminal implementation, the weekend detention is entered in one of the types of criminal sanctions.