Artykuły w czasopismach na temat „Legislation”
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Martínez Vázquez, Francisco. "RESEÑA de : García-Escudero Márquez, Piedad. Técnica Legislativa y seguridad jurídica :¿Hacia el control constitucional de la calidadde las Leyes?. Madrid : Cívitas, 2010". Teoría y Realidad Constitucional, nr 28 (1.06.2011): 681. http://dx.doi.org/10.5944/trc.28.2011.6981.
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Piedad García-Escudero Márquez’ work gives an insight on legislation technique, yet with a new approach that focuses strictly on constitutional aspects. She analyzes the Constitutional Court case law on legal security and how the imperfect technicalities of legislation have an influence on it. The author proposes typical legislation technique solutions which are directly linked to the quality of acts, with a constitutional bias that improves certitude and predictability of Law. She dwells on aspects such as the title and ranking of acts, the homogeneity of their subject matter as well as the problem of invasive norms, legislative jargon, and how acts can fit into the general legislation or the novel assessment of enactments. It is a profound juridical review far from the traditional perception based on practice that has always been enshrined in our doctrine regarding legislation technique.La obra de Piedad García-Escudero Márquez constituye un acercamiento al ámbito de la técnica legislativa que, de forma novedosa, plantea el debate en términos estrictamente constitucionales pues analiza la jurisprudencia del Tribunal Constitucional acerca del principio de seguridad jurídica y la influencia que sobre el mismo tienen los defectos de técnica normativa. Asimismo, la autora realiza una ambiciosa propuesta de contenidos típicos de técnica normativa, directamente relacionados con la calidad de las leyes y susceptibles de integrar un juicio de constitucionalidad que redunde en beneficio de la certeza y previsibilidad del Derecho. Aspectos como el título y rango de las leyes, la homogeneidad del contenido y el problema de las «normas intrusas», el lenguaje legislativo, la inserción de la ley en el ordenamiento jurídico o la novedosa evaluación legislativa son aspectos analizados en profundidad en esta obra, desde una rigurosa perspectiva jurídica que se aleja de la tradicional concepción instrumental que nuestra doctrina ha dado siempre a la técnica legislativa.
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Pototskyy, Mykola. "Codification of the legislation of Ukraine on intellectual property: material and procedural aspects". Theory and Practice of Intellectual Property, nr 6 (27.12.2021): 5–16. http://dx.doi.org/10.33731/62021.248969.
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Key words: intellectual property law, legislation, material norms, proceduralnorms, codification
The article is devoted to the study oflegislative problems that determine the appropriateness of the codification of Ukrainianlegislation on intellectual property. The current state of legislation in this area,the results of the reforms of procedural legislation of 20218 and special legislation of2020 are analysed. It is concluded that the special legislation of Ukraine on intellectualproperty requires further systemic improvement, unification, taking into accountthe development of the enforcement of European legislation in this area. The currentstructure of special laws is complex, dubbed norms and legal and technical shortcomings.Considering the number of tasks, the solution of which is advisable when improvinglegislation, it is obvious that the introduction of individual point changes isineffective. Another significant factor requiring recourse to the legislative procedureis the creation in Ukraine of the High Court for Intellectual Property Issues, and ascientific discussion regarding the procedural rules by which this court should administerjustice. The current legislative field contains certain rules governing the activitiesof this court, however, the presence of special procedural provisions in the legislationof the European Union, along with non-compliance with certain provisions of theAgreement on Trade-Related Aspects of Intellectual Property Rights and the AssociationAgreement between Ukraine, on the one hand, and the European Union, thecommunity on nuclear energy and their member states, on the other hand, makes itnecessary to supplement national procedural legislation with appropriate norms.Based on the characteristics of the structure of the legislative landscape, it is proposedto consider the possibility of incorporating material, procedural and proceduralnorms in a single legislative act. Approaches to defining the goals and principles ofsystematization of legislation are proposed.
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Marković, Savo. "Legislative Prospective of the Arrest of Ships in Montenegro". PROMET - Traffic&Transportation 21, nr 4 (2.03.2012): 285–89. http://dx.doi.org/10.7307/ptt.v21i4.241.
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In the existing legislative process, the Montenegrin judicature faces a series of questions imposed by the practice of arresting ships. Legislation tries to respond to them by innovating the current regulations, based on the 1977, i.e. 1998 Maritime and Inland Navigation Act (MINA), and by taking into consideration the achievements of foreign, similar jurisprudences and legislations, as well as of international conventions. The proposed solutions in the draft of the Maritime Navigation Act represent a certain change in legislative systematization of the legal institute of temporary measure of ships arrest. KEY WORDS: arrest of ships, national legislation, International Arrest Conventions
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Berry, Christopher J. "Luxury: Consumption, legislation, regulation: Part I: Legislation1". Luxury Studies: The In Pursuit of Luxury Journal 3, nr 1 (1.03.2024): 7–18. http://dx.doi.org/10.1386/ipol_00025_1.
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Historically the most salient and recurrent context of luxury legislation is the imposition of sumptuary laws. This contextual salience and recurrence is no incidental feature but is embedded in human cultural life, understood as (historically manifest) ways of living, in which luxury consumption, alongside the need to control it, are an inextricable component. The focus is on European legislation from the Romans up to the eighteenth century and charts its evanescence as luxury became de-moralized. Despite contextual differences the laws exhibit three common dimensions, namely, moral, political and economic and this trio establish a motif that runs through the discussion.
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Macías Ruano, Antonio José, i José Ramos Pires Manso. "The Development of Legislation on the Social Economy in Continental Western Europe". Resources 8, nr 3 (3.09.2019): 154. http://dx.doi.org/10.3390/resources8030154.
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One of the main instruments for local development is the regulatory legal framework of the so-called Social Economy, a term and concept that is yet to be fully defined. The society’s approach to the generation of wealth encompasses different concepts, movements, approaches, and ways of acting, all of which pose a challenge to the determination of a precise definition. Within the European Union (E.U.), a common legislative base has been developed, although the specific legislation developed by each Member State has been uneven. The legislation may have started from the same common principles, but each country has adopted different legal forms. This work aims to outline the diverse ways of legislating on a concept that is still under construction and within similar legal frameworks, illustrating the lack of harmony between European states that, despite the sharing of borders and having common legislative foundations, distance themselves in the final legislation, a situation that does not benefit the economic unity of entrepreneurs with social principles.
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Hutzinger, Zoltán. "Preambulum az idegenjogi szakigazgatás rendszerében". Belügyi Szemle 72, nr 7 (22.07.2024): 1167–85. http://dx.doi.org/10.38146/bsz-ajia.2024.v72.i7.pp1167-1185.
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Aim: The aim of this paper is to present - in addition to the preambles of the legislation on alien policy from 1903 to the present day - the preamble of Act XC of 2023 on the General Rules for the Entry and Residence of Third-Country Nationals. Methodology: This study considers the practice of the specifications of the preambles of the legislations on the entry and residence of foreigners, and compares, according to grammatical and logical criteria, the certain sentences of the introductory text of Act XC of 2023 on the General Rules for the Entry and Residence of Third-Country Nationals with the normative provisions of this Act and other legislations, in particular the Fundamental Law of Hungary. Findings: The preamble of Act XC of 2023 on the General Rules for the Entry and Residence of Third-Country Nationals introduces the normative provisions of the Act with an unusual content compared to the legislation so far. This content cannot, however, be examined in isolation, but only in the light of the specific legal provisions (constitutional, statutory, regulatory) establishing rights and obligations. Value: The value of the study is to draw attention to the fact that in the system of legislation, only the specific provisions of individual pieces of legislation have normative force, and that the texts and preambles introducing individual pieces of legislation can contribute to the interpretation of these legislative provisions.
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Szabó, Zsolt, i Herbert Küpper. "Legislation and Legislative Process in Eastern Europe". International Journal of Parliamentary Studies 1, nr 1 (26.04.2021): 73–108. http://dx.doi.org/10.1163/26668912-bja10008.
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Abstract The study describes and systemises the constitutional requirements on legislation in Eastern Europe. The comparison reveals that the basic structures of the legislative process live up to the standards of the rule of law. The details, however, are quite frequently deficient or problematic. Laws requiring a qualified majority often cause structural problems, based on poor political culture, and the vague and contradictory regulatory framework. Other problems are a legacy of socialism, e.g. the instrumental perception of the law, or the immature separation of powers. However, the apparent homogeneity of the region and its structural problems that was typical of the socialist era, has given way to a stronger differentiation which often reflects differences that existed prior to the socialist dictatorship. This stronger differentiation concerns, i.a. the extent of executive law-making, the structure of parliament (mono- or bicameral), the majority requirement for the decisions in parliament, and the participation of the people in legislation. In the states that have joined the EU, the European criteria of the rule of law have had their effect, whereas the candidate states on the Wester Balkans are on the way of consolidating their legislative system. Further to the East, the rule of law becomes weaker and weaker.
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Kim, Hansol. "Legislative Harmonization of Brazilian Data Protection Law with EU GDPR: A Comparative Study on the EU GDPR and Brazil's LGPD". Center for Legislative Studies, Gyeongin National University of Education 2 (31.12.2022): 105–42. http://dx.doi.org/10.58555/li.2022.2.105.
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Recently, major countries and international organizations, including the European Union, are reforming their personal data protection system, which is understood to seek the reasonable balance between the protection of personal information and communication technologies that have developed rapidly over the past three decades. The General Data Protection Regulation (GDPR), enacted by the EU in May 2016, is the world's most powerful privacy system now, and since the GDPR was enacted, EU trade partners have been actively striving to align their own data protection legislations with the GDPR by adopting and amending theirs to meet the global data protection standards. Brazil, as Latin America's economic giant, has also spent a long time finding the balance point between creating economic profits and protecting human rights under the pressure of mediating the conflicting values of using and protecting personal information. As a result of the conflict, the Brazilian General Data Protection Regulation(LGPD), affected by the EU GDPR, was passed on August 15, 2018 after eight years of discussion. This study began with questions about how specific the Brazilian LGPD was influenced by the European GDPR and how these two legislations were harmonized in the global society. We examined the system and status of Brazil's personal information legislation, as well as the legislative progress of the new legislation, and went on to conduct comparative legal reviews of the two legislations to find out the similarities and differences between them. Furthermore, we looked at the implications of Brazilian legislation for our legislation and sought compatibility between the value of privacy protection and the development of information technology.
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Hassan, Ahmed, Tahereh Orouji Jokar, Peter Rhee, Kareem Ibraheem, Narong Kulvatunyou, Kathryn Tinsley Anderson, Lynn Gries, Zachary Thomas Roward i Bellal Joseph. "More Helmets Fewer Deaths: Motorcycle Helmet Legislation Impacts Traumatic Brain Injury-Related Mortality in Young Adults". American Surgeon 83, nr 6 (czerwiec 2017): 541–46. http://dx.doi.org/10.1177/000313481708300616.
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The aim of our study was to assess the impact of helmet legislations on the incidence and the mortality rate of motorcycle collision (MCC)-related traumatic brain injury (TBI) in young adult trauma patients. A 1-year (2011) retrospective analysis was performed of all patients under 21 years old with trauma-related hospitalization using the Nationwide Inpatient Sample database (representing 20% of all in-patient admissions). Patients with MCC were identified using E-codes. States were classified into three groups based on helmet legislations: universal age helmet legislation, <18 years helmet legislation, and <21 years helmet legislation. Outcome measures were the rates of TBI and mortality. Linear regression analysis was used to assess outcomes among the states. A total of 1,165,150 patients with trauma-related hospitalizations across 29 states were reviewed of which, 587 patients with MCC were included. Ten states had universal age legislation; 13 states had age <18 years legislation, and 6 states had age <21 years legislation. There was a lower incidence in the rate of TBI (P = 0.03) in states with universal helmet legislations compared with states with age-restricted helmet legislation. Universal helmet legislations lowered the rate of MCC-related TBI injures by a factor of 2.15 (β coefficient: 2.15; 95% confidence interval: 0.91–10.18; P = 0.04). States with age-restricted helmet legislations have a higher rate of traumatic brain injury and mortality compared with states with universal helmet legislations. Establishing universal helmet legislations across the states may provide a potential preventive strategy against traumatic brain injury.
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Park, Jae-Yoon. "A Public Law Study on Rent Controls in Berlin: Centered on the decision of the Federal Constitutional Court". Korean Institute for Aggregate Buildings Law 43 (31.08.2022): 37–58. http://dx.doi.org/10.55029/kabl.2022.43.37.
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Criticism has been raised over the legislative process to the extent that the revised legislation on the so-called Three Rent Acts in 2020 is called legislative dictatorship. The rent law is the subject of civil law, but from public law perspective, it can be regarded as one of regulatory legislations as part of a kind of housing policy. It can be said that it is a very important element of evaluation of the regulatory legislation whether it has undergone an appropriate process of deliberation based on our economic reality.
This study deals with the regulation on the rent control in Berlin, which has recently become a problem in Germany, and the decision on unconstitutionality of the German Federal Constitutional Court. The Berlin’s rent cap is a very radical legislative attempt comparable to our Three Rent Acts. But, it is difficult to compare them in that German civil law as a whole, because of regulations that are not in Korean civil law.
The above decision has a simple logical structure that the Act that introduced the Berlin’s rent cap is unconstitutional because the federation used competitive legislative authority completely. However, by devoting very long pages to explaining the German legislative history on social rent law, it warns that the rationality and prudence of legislation are important.
Through the discussion on German rent regulations, the level of avoiding ideological discussions shown by German law, the systematic and balanced German civil law system, and the importance of a step-by-step and unified response to housing rent regulation can be seen. The level of Korean law has already well developed for a long time, and it is exceeding the level of simply translating foreign law. Therefore, it is silly to imitate German legislation without analyzing or deliberating on our economic situation.
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Danusastro, Sunarno. "Penyusunan Program Legislasi Daerah yang Partisipatif". Jurnal Konstitusi 9, nr 4 (20.05.2016): 643. http://dx.doi.org/10.31078/jk943.
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This research studies and answers the problem concerning the development of participatory Local Legislation Program. In addition it also aims to find out the role of Local Government in developing a participatory Local Legislation Program.This study was a non-doctrinal or empirical law research that was exploratory in nature. The research was taken place in Surakarta. The types of data used were primary and secondary data. The primary data source was obtained from the result of interview with the Meeting and Legislation Division of Surakarta City’s Local Legislative Assembly, Law and Human Right Division of Surakarta City Government, Non Government Organization, and Political Parties related to the development of participatory Local Legislation Program. The secondary data source derived from the law materials involving primary, secondary, and tertiary law materials. Techniques of collecting data used were interview and library study from the books, legislations, documents, and etc. The data analysis was done using an interactive model of qualitative analysis starting with data collection, then data reduction, data display, and finally conclusion drawing.To make a description and perception on the problem, the local government, local legislation, and democratic theories. From the discussion of research result, the following conclusion could be drawn: Democracy is a part of constitutional state of Indonesia characterized by among other community participation in the government as the form of people sovereignty. In the process of developing Local Regulation, the participatory Local Legislation Program occupies a very important position because it can become the reference concerning the scale of Local Regulation draft development priority for 1-year period corresponding to the mandate of Act Number 12 of 2011 about the Legislation Development. For that reason, the local government, in this case Municipal Government and Local Legislative Assembly as the holder of authority of developing Local Legislation Program should pass through the participatory mechanism by involving the people and stakeholders such as Non Government Organization so that the Local Legislation Program yielded was the aspiratory and participatory proposals of Local Regulation Draft and in practice, such the proposals of Local Regulation Draft was developed in planned, integrated and systematic manner.
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McNabb, Danielle, i Dennis Baker. "Ignoring Implementation: Defects in Canada’s “Rape Shield” Policy Cycle". Canadian Journal of Law and Society / Revue Canadienne Droit et Société 36, nr 1 (kwiecień 2021): 23–46. http://dx.doi.org/10.1017/cls.2020.35.
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AbstractThis article employs a “policy cycle” framework to explore Bill C-51, legislation which contains Canada’s latest amendments to the “rape shield.” Through an in-depth evaluation of earlier rape shield reforms, as well as a content analysis of the legislative proceedings of Bill C-51, this paper reveals that, while the impetus for introducing rape shield legislation is to protect the equality and privacy rights of sexual assault complainants, the legislative process of these “policy cycles” focuses disproportionately on remedying due process concerns and less on the problems that arise in judicial implementation of the provisions. We situate this finding within the larger trend towards the “judicialization of politics,” and trace some of the institutional and structural obstacles that impede Parliamentarians from more effectively legislating to improve sexual assault trials for complainants.
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Kashirkina, Anna, i Andrey Morozov. "Theoretical Approaches of the European Commission for Democracy Through Law (the Venice Commission) to the Assessment of Anti-Terrorism Legislation: international Legal Discourse and Implementation Problems". Russian Journal of Criminology 14, nr 3 (30.06.2020): 411–22. http://dx.doi.org/10.17150/2500-4255.2020.14(3).411-422.
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The topic of the article is highly relevant due to the importance of basing the legislative regulation of counter-terrorism activities on international treaties in this sphere. Besides, the legislative regulation of counteracting terrorism should be developed in accordance with the current international law acts and should take into account international obligations that they entail. The authors believe that the improvement of counter-terrorism legislation is facilitated by the work of the European Commission for Democracy through Law (the Venice Commission), which conducts an expert evaluation of the national legislations of member states. The goal of this research is to analyze the current international law regulation in the sphere of counteracting terrorism and in identifying the specifics of its application by the Venice Commission in its assessment of national counter-terrorism legislations. The authors examine some issues connected with the work of the Venice Commission on preparing conclusions and recommendations that contain its assessment of the counter-terrorism legislation of a number of countries (the Republic of Moldova, the French Republic). They note the specifics of the work of the Venice Commission as a special auxiliary body of the Council of Europe that analyzes and assesses the legislative acts of member states based on the poly-functional guidelines of the Council of Europe. While assessing national legislations, the Venice Commission uses international law acts that contain, among other things, universally recognized principles and norms of international law, so the authors of the article show the significance of the international law regulation of counteracting terrorism through international treaties both between different countries and under the aegis of international organizations and integration unions; they also identify the problems connected with their implementation in national legislations. Based on the conducted research, the authors come to the following conclusions: the legislative regulation of counteracting terrorism should be amended with strict observance of the universally recognized principles and norms of international law incorporated, among other things, in international treaties; it is necessary to develop the international law regulation in the sphere of counteracting terrorism while taking into account new challenges and threats brought about by globalization and use the potential of international law instruments; international bodies play an important part in improving national counter-terrorism legislations, specifically, the Venice Commission, which, through its expert work, contributes to the development of legislation based on international legal acts.
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Mahato, Sanjaya, Rupesh Kumar Sah i Pooja Chaudhary. "The Legislators’ Engagement in Policy-making and Post-legislative Scrutiny in Nepal Since 1991". Journal of Southeast Asian Human Rights 4, nr 1 (23.06.2020): 69. http://dx.doi.org/10.19184/jseahr.v4i1.17231.
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Parliament enacts legislation and has a role to evaluate the implementation of legislation in meeting the intended outcomes. Post-legislative scrutiny (PLS) identifies defective legislation and rectifies it. As such, it contributes to better legislation and implementation of legislation objectives. However, this requires a strong commitment by the parliamentarians in the legislation process and policymaking. Along with a range of structural factors, including lack of expertise and experience and time constraints, the main reasons for the ineffective post-legislative review in Nepal stem from the Member of Parliaments’ (MPs) shallow engagement in policy-making and legislative review processes and stronger focus on expanding expenditure related to building roads, schools, and other vital infrastructure. For example, the Constituency Development Fund (CDF) provided to MPs has been continuously increased in consecutive elections since 1991. MPs appear to prioritize the political benefits of engaging with their electorate on funding and development projects, over their role in reviewing or scrutinizing legislation. This paper argues that the shallow engagement of MPs in the policy-making process and ineffective post-legislative review has resulted in not only defective and unsustainable policies but also defective legislation. This has created problems in the rule of law and accountability. This paper largely draws from reviewing contributions of delegated legislation committee for rule of law, evaluates the implementation of the committee recommendations in improving legislation and analyse the effects of noncompliance of committees’ recommendations in people’s justice.
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Resta, Mario. "Lay or Consecrated, Subjected and Subtracted". Augustinianum 62, nr 1 (2022): 177–88. http://dx.doi.org/10.5840/agstm20226218.
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The present paper provides a comparative analysis of imperial and canonical legislation concerning the abduction of lay or consecrated women in the 4th century, when both legislations delineated the distinctive features of the abovementioned crimen. The imperial law showed both an extreme severity towards abductors and a leniency towards lay and consecrated women, who were considered innocent; however, women were not allowed to live together with their abductors. The canonical legislation also severely punished abductors and considered lay women innocent; however, contrary to the provisions in the civil laws, the ecclesiastical legislation condemned consecrated women who consented to abduction. The paper aims to reconstruct the basic outline of both legislative systems and to identify a set of key features that might describe female submission to both the will of male members of the family and to the provisions in the canonical laws: indeed, the consent to abduction often represented an extreme attempt on the part of women to determine their own lives.
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Zhang, Jianwei, Xiaoyi Jiang i Xiaobin Pan. "Regional legislation to address climate change in China: necessity and feasibility". International Journal of Climate Change Strategies and Management 11, nr 4 (19.08.2019): 536–51. http://dx.doi.org/10.1108/ijccsm-05-2018-0046.
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Purpose Legislation plays an essential role in addressing climate change in China. However, many barriers to formulating national legislation to address climate change have so far prevented its enactment. The bottom-up approach adopted in the international climate regime sets a good example. Accordingly, the purpose of this paper is to discuss the regional legislation to address climate change in China through exploring the following two questions: whether it is necessary to enact climate change legislation at regional level first and whether it is feasible to develop such regional legislation in the absence of national climate change law. Design/methodology/approach This paper analyses the necessity and feasibility of regional legislation to address climate change. Section 2 introduces the current legislative framework on climate change in China. Section 3 investigates whether it is better to push the legislative agenda at regional, rather than national level. Section 4 analyses the feasibility of establishing regional legislative systems. Section 5 explores the key issues in formulating and promoting regional legislation. Findings This paper concludes that it is necessary and feasible to pilot regional legislation before enacting national legislation. Under these circumstances, local governments can take the initiative to begin formulating regional legislation. Originality/value Addressing climate change needs immediate action and effective measures. It is, thus, necessary to reconsider the approach that China should adopt when developing legislation on climate change. This paper contributes to broadening current knowledge of regional climate change legislation in China.
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Dillo Justin Ramoshaba. "Analysing the natural disaster and related legislations of South Africa in relation to the COVID-19 Pandemic". International Journal of Research in Business and Social Science (2147- 4478) 12, nr 4 (17.06.2023): 511–16. http://dx.doi.org/10.20525/ijrbs.v12i4.2538.
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South Africa and the world at large continue to experience storms of natural disasters such as the COVID-19 pandemic which pose a great negative impact on people’s livelihood such as loss of lives. To mitigate such negative effects and respond effectively to natural disasters, there is a need for legislative frameworks and policies that must guide the process. In South Africa for instance, disaster legislations were used by the government to inform and guide their response to the COVID-19 pandemic. It is from this background that the researcher developed a hunch to analyse the South African natural disaster and related legislations that were applicable to the response to the COVID-19 pandemic in South Africa. This study adopted the non-empirical research method wherein existing literature was reviewed. The researcher reviewed and analysed documents on the South African disaster legislation from search engines such as EBSCOhost, google scholar and ProQuest. The inductive Thematic Content Analysis (TCA) was used to analyse the collected data. The primary finding of this study revealed that legislation played an important role in guiding the COVID-19 response of the South African government. The underlined conclusion suggests that disaster legislation, programs and policies should focus on effective prevention, effective reduction, promotion of well-being, and harmless responses to individuals.
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Richardson, Ivor. "Simplicity in Legislative Drafting and Rewriting Tax Legislation". Victoria University of Wellington Law Review 43, nr 3 (1.09.2012): 517. http://dx.doi.org/10.26686/vuwlr.v43i3.5032.
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The search for simplicity in legislative drafting affects all legislatures. It is also central to the work of the New Zealand Law Commission and of governments in other comparable jurisdictions. Rather than exploring a range of statutes in various jurisdictions, this article focuses on income tax. It does so for two reasons. The first is that income tax has been crucial to the funding of government in common law jurisdictions and to achieving a legislative balance between simplicity and other criteria of an acceptable tax system. The second is that we can draw on three recent projects to rewrite income tax legislation – in Australia, the United Kingdom and New Zealand.
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Cormacain, Ronan. "Legislation, legislative drafting and the rule of law". Theory and Practice of Legislation 5, nr 2 (4.05.2017): 115–35. http://dx.doi.org/10.1080/20508840.2017.1394045.
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Leonard, Peter, i Martin McLaughlin. "Capacity legislation for Ireland: filling the legislative gaps". Irish Journal of Psychological Medicine 26, nr 4 (grudzień 2009): 165–68. http://dx.doi.org/10.1017/s0790966700000628.
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Pigeon, Marc-Antoine, Attila Hertelendy, Alexander Hart, Jennifer Hsueh i Gregory Ciottone. "Review of Canadian Legislation on Mass Gathering Medical Response". Prehospital and Disaster Medicine 38, S1 (maj 2023): s79—s80. http://dx.doi.org/10.1017/s1049023x23002303.
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Introduction:Mass gatherings have become more frequent since the beginning of the 21st century. In Canada alone, music festival and sporting event industries will each represent yearly revenues over one billion USD by 2025. Such events require adequate medical planning, as they are associated with a greater prevalence of injuries and incidents than daily life, despite most participants having few comorbidities. Most often, the responsibility of medical planning lies with event producers. This study aims to compare the existing legislative requirements for mass gathering medical response in the ten provinces and three territories of Canada.Method:This study is a cross-sectional descriptive study of legislation. Lists of legislative requirements were obtained by contacting via email or phone the emergency medical services (EMS) directors and Health Ministries of all the provinces and territories of Canada, and asking about any legislation or provision within existing laws regarding mass gatherings. Simple statistics were performed to compare legislation across provinces and territories.Results:Data collection and analysis are planned to be completed by December 31, 2022. Initial data collection and analysis revealed that none of the seven provinces who answered our emails have provincial legislations. Two referred to specific provisions in the Public Health laws of their province, though nothing specifically refers to mass gatherings. One confirmed that mass gathering medical response was a municipal/local concern to be addressed by the event producers and the locality where the event takes place, and one referred to guidelines published in 2014.Conclusion:Although some provinces and territories referred to provisions contained in public health legislation, none of the provinces reached to date could list specific legislation on mass gathering medical response. If this trend continues through full data analysis, it will highlight once more the need to provide more standardized guidance to organizers and municipalities in planning medical response.
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Lysenko, А. "Experience implementation delegated legislation in France". Uzhhorod National University Herald. Series: Law 1, nr 78 (28.08.2023): 45–51. http://dx.doi.org/10.24144/2307-3322.2023.78.1.6.
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The article analyzes the history of the emergence and practice of formation, development and functioning of delegated legislation in France. The practice of implementing delegated legislation in France since the 19th century is analyzed step by step and chronologically. The institution of delegated legislation as a form of government participation in the legislative process in France is studied. Issues related to the procedure and conditions for the delegation of legislative powers in France are being studied. Based on the study of the texts of the French constitution, the legal consolidation of the procedure and conditions for the transfer of part of its powers by the parliament is considered. The methods of delegating legislative powers, the procedure for approving delegated acts and their publication are analyzed. The content of the direct and indirect way of delegating legislative powers is disclosed. The main stages of the delegation of legislative powers in France are highlighted. The practice of the V Republic of France was analyzed, where there were such situations when the President, who is an active subject of delegated legislation, refused to sign ordinances submitted to him by the Prime Minister. It has been established that in French legal literature, ordinances are considered as regulatory acts, or as acts of a mixed nature, that is, regulatory from an organic point of view and legislative from a material point of view. The practice of delegation of state powers in France at the regional and local levels was studied and analyzed, and its positive results were highlighted. The main features inherent in the delegated legislation of France are given. It is concluded that the implementation of delegated legislation in France is conditioned by the need for quick and effective competent regulation of its current legislation and its specification. In turn, delegated legislation gave the opportunity to the Parliament of France and its legislative power in general to concentrate its attention on more important issues not only in the political sphere, but also in the legal and economic sphere.
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Seehausen, Jesper. "The ‘Rebirth’ of the EU as an Audit Legislator". European Business Law Review 32, Issue 2 (1.04.2021): 355–88. http://dx.doi.org/10.54648/eulr2021013.
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In April 2014, important new audit legislation was adopted by the European Parliament and the Council, i.e. the 2014 Auditing Directive and the PIE Regulation. In the author’s opinion, the role of the EU as an audit legislator has significantly changed over time. More specifically, the new audit legislation indicates the ‘rebirth’ of the EU as an audit legislator. The article focuses on the role of the EU as an audit legislator, even though the EU also has an important role to play as an accounting legislator. The most important legislative acts when it comes to EU audit legislation are discussed. A number of important trends in EU audit legislation are also identified and discussed. These include an increased legislative focus on Public-Interest Entities (PIEs), a change from a ‘directive only’ to a ‘directive and regulation’ legislative paradigm, a legislative change from the ‘periphery’ to the ’core’ of auditing, ‘codification’ of provisions from the International Standards on Auditing (ISAs) in EU legislation as well as a discussion on a possible EU adoption of the ISAs. Auditing, audit legislation, 8th directive, green paper, financial crisis, auditing directive, pie regulation, public-interest entities (pies), international standards on auditing (ISAs)
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Epishov, A. P., A. V. Voronov i M. A. Kovalenko. "Legal Regulation of Food Waste Handling in Russia". Vestnik of the Plekhanov Russian University of Economics 20, nr 1 (7.02.2023): 66–75. http://dx.doi.org/10.21686/2413-2829-2023-1-66-75.
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Problems dealing with legal regulations of food waste handling are an acute sphere for the Russian Federation. Foods with expiring period and food losses can contaminate the environment and harmful and dangerous substances, which they exude, can get into near-by springs, rivers and arable fields. Water from contaminated rivers and springs, as well as bread cultivated on such fields can be consumed by peoples living in surrounding villages and towns, which can ruin their health. Today the effective system of food waste regulation includes numerous legislative and normative acts inscribed in different legislative blocks: general legislation, legislation on wastes, veterinary legislation and legislation on technical regulation, sanitary and epidemiologic legislation. However, there are a lot of problems dealing with food waste handling that have not been exposed in a proper way. The Federal Law dated June 24, 1998 N 89-FZ ‘Concerning Wastes of Production and Consumption’ does not provide the definition of ‘food waste’. The requirements for obligatory separate stocking of foods are stipulated only by legislation on technical regulation and sanitary and epidemiologic legislation. The requirements for utilization of foods are envisaged by veterinary legislation, legislation on technical regulation and sanitary and epidemiologic legislation. The owner of food waste can chose ways and conditions of utilization and possible methods of food waste destruction. After analyzing the effective normative acts covering requirements for food waste handling the authors came to the conclusion that the major part of these legislative blocks does not provide conditions of priority utilization of food waste.
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Jarmila, Lazikova, Rumanovska Lubica, Takac Ivan i Lazikova Zuzana. "Land fragmentation and efforts to prevent it in Slovak legislation". Agricultural Economics (Zemědělská ekonomika) 63, No. 12 (30.11.2017): 559–68. http://dx.doi.org/10.17221/180/2016-agricecon.
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Agricultural land represents a country’s natural heritage. Therefore, land protection is an issue that is the subject of various legislative measures, also including those that affect land fragmentation. Land fragmentation is a problem that hinders the effective use of land. In 1995, Slovak lawmakers adopted Law 180/1995 Coll., which prevents the fragmentation of land under a minimum size. The aim of this paper was to determine whether Slovak legislation concerning land fragmentation is effective and prevents this phenomenon. We compare the Slovak legislation with the legislations of other countries, and, further, we describe the existing situation with respect to land fragmentation in the individual regions of the country according to the requirements of Slovak legal regulations. The results include proposals for the potential amendment of the legal regulation to ensure the effective prevention of land fragmentation.
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Onishchenko, Natalia. "The effectiveness and quality of legislation is the focus of the reconstruction of Ukraine". ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, nr 13 (październik 2022): 23–27. http://dx.doi.org/10.33663/2524-017x-2022-13-3.
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ntroduction: It is an axiomatic position that high-quality and effective legislation is needed at all stages of our lives: from working conditions to leisure conditions; economic factors; social programs; modern education and in many other areas in the context of human life. However, even in doctrinal sources today it is not so easy to find the essential provisions, criteria, “filling” the category of “quality of legislation”. It should be noted at once that many researchers of the doctrine identify the categories of “effectiveness” and “quality” of legislation. Although, on closer inspection it becomes clear that these are close but not identical phenomena of social reality. Purpose of the article: the purpose of this article is to emphasize the mutual compliance and consistency of the categories of “efficiency” and “quality” of legislation. Substantiation of the fact that the legislation is effective at a certain stage of human life. It may not reproduce all the features and characteristics of the category of “quality” legislation. The above is confirmed by the illustration on the optimization of the legislative activity of the Verkhovna Rada of Ukraine. Conclusions. Thus, the issue of efficiency and quality of legislation contains theoretical concepts, such as: 1) understanding that these categories of scientific reality are close but not identical concepts; consideration and understanding of effectiveness as a mandatory but not the only factor, an indicator of the quality of legislation; 2) determining the quality of law, as achieved “maxima” in specific conditions (time, space) for the regulation of social relations; 3) emphasizing that the obligatory property of “quality” is the public utility, prolonged in time, which can be a positive vector of influence on the constant steady trend of changing legislative requirements; 4) a proposal to study the theoretical component of the quality of legislation with consideration of practical factors, including optimization, legislative activity of the Verkhovna Rada of Ukraine (context of increasing the institutional capacity of committees of the Verkhovna Rada of Ukraine). Key words: efficiency of legislation, quality of legislation, resource security of legislation, legislative process, optimization of the Verkhovna Rada of Ukraine.
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Evans-Gilbert, Tracy, Karen N. Lewis-Bell, Beryl Irons, Philippe Duclos, Gabriel Gonzalez-Escobar, Elizabeth Ferdinand i J. Peter Figueroa. "A review of immunization legislation for children in English- and Dutch-speaking Caribbean countries". Revista Panamericana de Salud Pública 47 (18.01.2023): 1. http://dx.doi.org/10.26633/rpsp.2023.19.
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Objective. To assess the legislative frameworks concerning childhood vaccination in the English- and Dutch-speaking Caribbean and propose a model legislative framework for Caribbean countries. Methods. This study included a survey of 22 countries and territories in the Caribbean regarding legal vaccination mandates for school entry, budget allocations, sanctions, or exemptions. A legal consultant conducted a comprehensive search and analysis of legislation regarding vaccination among 13 Caribbean countries/territories. A comparative analysis of the legislation under five themes—legislative structure, mandatory vaccination, national immunization schedule, sanctions, and exemptions—formed the basis for the proposed model legislation. Results. Among the 22 Caribbean countries/territories, 17 (77%) had legislation mandating vaccination, 16 (94%) mandated vaccination for school entry, 8 (47%) had a dedicated budget for immunization programs, and 13 (76%) had no legislated national schedules. The source of legislation includes six (35%) using the Education Act, eight (47%) the Public Health Act, and five (29%) a free-standing Vaccination Act. Three countries/territories—Jamaica, Montserrat, and Saint Lucia—had immunization regulations. In 12 (71%) of the 17 countries with legislation, sanctions were included, and 10 (59%) permitted exemptions for medical or religious/philosophical beliefs. Conclusions. Several countries in the Caribbean have made failure to vaccinate a child an offense. By summarizing the existing legislative frameworks and approaches to immunization in the Caribbean, the analysis guides policymakers in making effective changes to immunization legislation in their own countries.
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Kim, Hae-Ryong, i Kyoung-Sun Kwon. "The Task of Administrative law for Good Legislation". Korean Administrative Law Association 25 (30.09.2023): 159–94. http://dx.doi.org/10.59826/kdps.2023.25.159.
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It is no exaggeration to say that modern democracies refer to rule of law. Above all, legislation is the cornerstone of the rule of law. The reason is that the law in a democratic country is the will of the entire people according to the principle of representation, and the democratic basic order is the rule by the people. This is because the main ordinance of what administrative agencies do is strict enforcement of the law, and the job of judicial agencies is a trial based on the law.
Therefore, the starting point of democratic state theory is how people can have good laws. In this article, we tried to discuss the elements of good legislation, the current status of legislation in Korea, and the legislative cases that are problematic.
The element of good legislation refers to a law that 1. complies with legislative procedures 2. has content justification. In addition, factors such as 1) constitutionality, 2) systematicity of the law, 3) content consistency, 4) compliance with the limits of delegated legislation, 5) legalization of administrative rules, and 6) the scope and limitations of ordinance legislation must be examined.
However, through legislative cases that do not have these elements of good legislation, I tried to think about good legislation in detail. The first is an example of the obscenity of the agenda effect regulation. The second is the issue of deregulation legislation that changed the permit system to a reporting system, that is, ‘reporting that requires repair,’ the third is the issue of legislation on police organization and police action, and the fourth is the issue of excessive decentralization.
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Lu, Xinyi. "The Improvement of Enterprises’ Environmental Responsibility Based on A Comparison Between Chinese and Japanese Legislation". Journal of Education, Humanities and Social Sciences 1 (6.07.2022): 106–12. http://dx.doi.org/10.54097/ehss.v1i.648.
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As a country whose environmental protection legislation develops relatively late, environmental problems have occurred frequently in recent years, especially those related to enterprises’ environmental protection responsibilities. Through the comparison of environmental legislation and the legislative differences on corporate environmental responsibility between China and Japan, this paper aims at figuring out what deficiencies exist in Chinese environmental legislation. Some suggestions on China’s future environmental protection legislation concerning the advantages of Japanese environmental legislation will be given.
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Changshan, Ma, Liu Peifeng, Jia Xijin, Wang Ming i Ma Jianyin. "Legislating on the Right of Association: A Realistic Way Forward". China Nonprofit Review 6, nr 1 (21.03.2014): 81–131. http://dx.doi.org/10.1163/18765149-12341271.
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Abstract This paper is the third from the “Salon Series on the Creation of Legislation on the Right of Association and Social Organizations”. This was a series of salons jointly hosted by Tsinghua University’s ngo Research Center, the Philanthropy and ngo Support Center, and the editorial office of the China Nonprofit Review. Discussion about the creation of legislation on the right of association began in China during the 1980s, at which time a bill was drawn up, but for various reasons, both political and social, the bill was never passed. This paper discusses the fundamental nature of the right of association and the feasibility and necessity of establishing legislation on this right in the China of today. It ponders the different ways in which the right of association may be enshrined in law, looking at the scattering of legal provisions throughout numerous pieces of legislation (in a multi-legislative model) in contrast with the method of spelling out of the right of association in one or more centralized laws (in a centralized legislative model). The paper also explores the relationship between the formulation of a basic law for social organizations and legislating on the right of association. It was unanimous amongst the experts speaking at the salon upon which this paper is based that establishing a law on the right of association would be an important hallmark of China’s process in developing stronger rule of law, and that it is a sine qua non for achieving constitutionalism and advancing the implementation of the Constitution.
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Van Rensburg, L. J. "Die aard van wetgewende diskresies by die Suid-Afrikaanse uitvoerende gesag". Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 3, nr 2 (10.07.2017): 25. http://dx.doi.org/10.17159/1727-3781/2000/v3i2a2887.
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This article focuses on the nature of legislative discretions in the hands of the executive authority of the state.Relevant concepts are analysed, followed by an exposition of the position regarding delegation of legislative authority to the executive under the previous constitutional dispensation when the country had a sovereign Parliament. This is followed by a discussion of the legal position in Germany, which shows similarities to the situation in South Africa. It appears that differences in approach to the problem exist worldwide, but one similarity is to be found in all, namely that a complete parliamentary abdication of legislative authority is always disallowed. What follows from this is that South African law seems to follow the German example regarding the delegation of legislative powers. It seems that the South African Constitutional Court considers the delegation of essential legislative authority as undesirable. Limits have to be placed on the extent of Parliament's competencies pertaining to legislative delegation. Furthermore the manner and form requirements in the Constitution must be met when legislation is adopted. This however does not occur in all instances of legislative delegation to the executive authority. When legislative delegation takes place, it is consistently done by granting the executive the authority to adopt subordinate legislation, which in any event has the same legal effect as legislation of Parliament itself.Next the Transitional Constitution of 1993 is considered against the background of relevant case law. It appears that the legal position was not changed by the promulgation of the ("final") Constitution of 1996. Empowering legislation that delegates any legislative authority must lay down guidelines providing direction regarding the exercise of the delegated authority. Delegated legislation may of course not contain substantive norms.Like the German Bundesverfassungsgericht, the South African Constitutional Court seems to require empowering legislation to lay down the content, extent and purpose of the empowering provisions before it will enjoy legal effect. This content, extent and purpose will not primarily be evident from the delegated legislation, but must be contained in the empowering legislation itself. If this is not the case, the delegation of authority will have exceeded constitutional limits. Therefore, a wide delegation of legislative authority without limitations regarding its exercise, at least as far as content, extent and purpose are concerned, will without doubt be unconstitutional.
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Ryan, Christopher. "Australasian Psychiatry and Euthanasia". Australasian Psychiatry 4, nr 6 (grudzień 1996): 307–8. http://dx.doi.org/10.3109/10398569609082072.
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In May 1995, the Northern Territory of Australia became the first legislative jurisdiction in the world to introduce legislation specifically sanctioning active voluntary euthanasia. Shortly after the introduction of the legislation many of Australia's political leaders announced that they would support similar legislation in their jurisdictions and there nave already been attempts to pass such legislation elsewhere in Australia and in New Zealand.
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Hongyan, Liu. "SYSTEMIC REFORM OF CHINESE ANTICORRUPTION LEGISLATION AND ENFORCEMENT PRACTICE". Law Enforcement Review 1, nr 4 (10.01.2018): 140–47. http://dx.doi.org/10.24147/2542-1514.2017.1(4).140-147.
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The subject. The article is devoted to the analysis of ongoing systematic reform of Chinese anticorruption legislation and practice of its enforcement.The purpose of the article is to formulate ways of improvement Chinese anti-corruption legislation.The methods of legislation analysis and synthesis of legislative gaps and contradictions are used.The results, scope of application. Nowadays, China is moving from the struggle against corruption by political means to the struggle by legal means. In attempt to construct a system of anti-corruption legislation, China is actively forming a dualistic normative system and a mechanism for the interaction between party norms and state legislation. A multilevel vertical-integrated system of anti-corruption legislation with "The anti-corruption law" as a core was created; the Party is stressing the priority status of preventive legislation and the auxiliary role of legislation on control over power. This system should became the basis for building Chinese anti-corruption legislation. The author formulated a system of principles of Chinese anti-corruption legislation, including the principles of efficiency, consistency, economy and gradualism. The importance of the anti-corruption legislative program, the task formulated in 2015, is underlined. The list of the main anti-corruption legislative acts has been determined, including legislation in the aspects "do not dare to take [bribes]", "cannot take [bribes]" and "do not want to take [bribes]". The problem of improving the legislation in the "do not dare to take" aspect have been specially considered, including improvement of criminal legislation, adoption of the law on accountability and responsibility of public servants, as well as the adoption of an anti-corruption law. The main alternatives and problems of improving legislation in the context of "not being able to take" are considered, such as adoption of laws on declaration of property of public servants, on pre-vention of conflict of interests, on transparency of the administration, on public hearings, and the improvement of party norms.Conclusions. China is experiencing a crucial turning point in the fight against corruption since the beginning of the modernization transformation and is in the strategic "window of opportunities". Active and systematic construction of anti-corruption legislation, the transit from formal counteraction to real counteraction is the key to overcoming the current "corruption crisis with Chinese characteristics".
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Carne, Greg. "Hasten Slowly: Urgency, Discretion and Review - a Counter-Terrorism Legislative Agenda and Legacy". Deakin Law Review 13, nr 2 (1.12.2008): 49. http://dx.doi.org/10.21153/dlr2008vol13no2art160.
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<p>This article examines the practice by the Howard government from 2003 of invoking a paradigm of urgency in the introduction and enactment of multiple examples of counter terrorism legislation, with claims that review and remediation of that legislation best occur after rapid enactment. Speedy<br />legislative passage was frequently accompanied by few amendments, a discounting of parliamentary and other review recommendations and a contrasting unwillingness or neglect to subsequently review and amend enacted legislation to strengthen safeguards and increase accountability. By<br />examining selected major examples of counter-terrorism legislation, a comprehensive understanding of the applications of urgency as a legislative mechanism in counter-terrorism law reform from the Howard years can be<br />obtained. These applications range between the obtaining of immediate political advantage and an ongoing concentration of executive power. Several serious and distinctive features adversely impacting upon representative democracy were also generated by this urgency paradigm in counter-terrorism legislative enactments. The Rudd government has inherited the considerable legacy of this urgency bound legislative agenda. Questions now arise as to whether proper review of that legislation will occur and whether the culture of urgency will persist in a different government’s legislative responses to terrorism.</p>
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Garbarino, Carlo, Domingo Carbajo Vasco i Andrea Manganelli. "Legislation". EC Tax Review 2, Issue 3 (1.09.1993): 181–95. http://dx.doi.org/10.54648/ecta1993021.
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Giaconia, Massimo, Marco Magenta, Giovanni Barbagelata i Ulf Zehetner. "Legislation". EC Tax Review 11, Issue 1 (1.04.2002): 39–45. http://dx.doi.org/10.54648/399484.
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Docclo, Caroline. "Legislation". EC Tax Review 10, Issue 3 (1.09.2001): 192–93. http://dx.doi.org/10.54648/380079.
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García Prats, Francisco Alfredo, i Sérgio Vasques. "Legislation". EC Tax Review 10, Issue 2 (1.06.2001): 133–37. http://dx.doi.org/10.54648/339738.
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Weidlich, Richard, i Georg Zehetmayer. "Legislation". EC Tax Review 10, Issue 4 (1.12.2001): 259–61. http://dx.doi.org/10.54648/387696.
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Mazzotti, Giulio, Gerard Blokland i Edward F. Greco. "Legislation". EC Tax Review 16, Issue 3 (1.06.2007): 150–59. http://dx.doi.org/10.54648/ecta2007024.
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Chaulin, Vincent, i Olivier Delattre. "Legislation". EC Tax Review 7, Issue 2 (1.06.1998): 141–43. http://dx.doi.org/10.54648/ecta1998021.
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Kiblbock, Ingrid, i Federica Fantozzi. "Legislation". EC Tax Review 5, Issue 4 (1.12.1996): 202–3. http://dx.doi.org/10.54648/ecta1996040.
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Elliott, Peter, Augusto Fantozzi, Mary Walsh i Carolyn Smith. "Legislation". EC Tax Review 1, Issue 3 (1.09.1992): 199–207. http://dx.doi.org/10.54648/ecta1992022.
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Hinnekens, Luc. "Legislation". EC Tax Review 1, Issue 1 (1.03.1992): 63. http://dx.doi.org/10.54648/ecta1992008.
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Reigada Pereira, Ricardo. "Legislation". EC Tax Review 16, Issue 2 (1.04.2007): 112–16. http://dx.doi.org/10.54648/ecta2007016.
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Magenta, Marco. "Legislation". EC Tax Review 7, Issue 1 (1.03.1998): 63–67. http://dx.doi.org/10.54648/ecta1998008.
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Vasques, Sérgio. "Legislation". EC Tax Review 9, Issue 4 (1.12.2000): 265. http://dx.doi.org/10.54648/311411.
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Elliott, Peter, Ingrid Kiblbock i Domingo Carbajo Vasco. "Legislation". EC Tax Review 3, Issue 2 (1.06.1994): 66–69. http://dx.doi.org/10.54648/ecta1994015.
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Kiblbock, Ingrid. "Legislation". EC Tax Review 3, Issue 4 (1.12.1994): 199–200. http://dx.doi.org/10.54648/ecta1994032.
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Berlin, Dominique. "Legislation". EC Tax Review 2, Issue 1 (1.03.1993): 64–66. http://dx.doi.org/10.54648/ecta1993005.
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