Suchergebnisse

A case study of the regulation of property issues instituted by the UN Interim Mission in Kosovo (UNMIK) focuses on the period from 10 June 1999 to the inauguration of Kosovo's first Assembly on 10 Dec 2001. Attention is given to legal issues that challenge an international peace operation's legislative capability & enforcement powers. Problems related to the mass destruction of housing & the return of large numbers of refugees were exacerbated by ethnic tensions, discriminatory laws instituted by Serb authorities, breakdown of the court system, & tensions between international legal experts & the local legal community. Temporary housing allocations, the repeal of discriminatory legislation, reestablishment of a property title system, & creation of a Housing & Property Directorate & Claims Commission are described. Although any final assessment of UNMIK's efforts will depend on program implementation & political developments in Kosovo, there was both greater local participation & a gradual shift from decree-like regulations to new institutions. The Kosovo case sheds light on important legal & conceptual questions relevant to future peace operations. J. Lindroth

In May 2023, at Derzhavin Tambov State University (Derzhavin University) held the VII International Scientific and Practical Conference "Plevako Tambov Legal Readings". The university organized it jointly with the Tambov branch of the Russian Lawyers Association, the Plus Guarantee Tambov company and the Election Commission of the Tambov Region. The Conference participants are scientists-lawyers, students and teachers of Derzhavinsky University, representatives of the Tambov Regional Court, the Arbitration Court, the Prosecutor's Office and the Chamber of Lawyers of the Tambov Region. They discussed the certification of scientific and pedagogical personnel in modern conditions, current issues of the institution of representation in administrative proceedings, ensuring a balance of private and public interests in certain institutions of Financial Law, the place of justice in modern civil proceedings, etc. At the panel discussion "30th anniversary of the electoral system of the Russian Federation" election organizers, experts and young people discussed many years of experience in developing and improving the electoral system and agreed on further interaction in the electoral sphere. The Conference continued with sectional sessions in the following areas: "Historical and legal problems of the development of Russian statehood", "Legal regulation of property relations: ensuring a balance of private and public interests", "State policy of combating crime", "Problems in the field of ensuring national security and law and order: specifics, threats, priorities, counteraction", etc. Based on the results of the Conference, a collection of materials with reports and abstracts of participants has been prepared; individual reports will be published as articles in leading scientific legal journals.

This special edition of the European Journal of Risk Regulation deals with a highly topical, complex and controversial subject matter – the reform of the regulation of medical devices in the European Union.At first sight, and as further detailed in the following articles, there appears to be a general consensus about the need to improve the EU (and indeed the US) regulatory framework on medical devices, especially for high-risk categories of devices. Stakeholders including representatives of the industry, patient and consumer organizations, national authorities, healthcare professionals, agree that there is a need for change. However, opinions differ on what needs to be changed and how. Three alternatives for reform of the current EU systemof regulation have been debated over the past years: the adoption of a pharmastyle system of pre-market authorisation; maintaining the status quo but strengthening implementation and supervision in the Member States; or finally, introducing common technical specifications together with specific guidelines for certain high-risk devices.

The lack of independence is a frequent problem faced by the elderly population. In order to combat this situation, the Spanish Dependent Persons´ Law decrees that benefits for elderly people be managed by the private sector and/or local government. Among the Spanish regions, Castilla and León being a region with one of the highest number of elderly citizens in the Spanish state, has a vested interest in providing adequate coverage for the elderly. The current economic climate has led to severe cuts in public spending. Spending on Dependent Persons´ benefits has been particularly affected. As the result of a concurrent increase in the cost of those services contracted in this area, the public funds available are no longer sufficient to meet demand. Consequently, it is a matter of need that a study of complementary options is undertaken. The Dependent Persons´ Law grants a universal right of benefits to citizens whilst also providing the necessary framework for the provision of private services in order to satisfy this universal right. This paper suggests that in accordance with central government and regional government laws, the development and application of financial and actuarial products might ameliorate the differences in coverage between the different Spanish regions. ; La falta de autonomía es una situación que se presenta con mayor frecuencia dentro del colectivo de personas mayores. Para paliarlo en España se encuentra vigente la Ley de Dependencia, donde se confiere un grado de gestión de prestaciones al sector privado y a las Comunidades Autónomas. Entre ellas, Castilla y León debido a su población tan envejecida debiera ser uno de los territorios más interesados en desarrollar la normativa relativa a la dependencia. Por otra parte, el momento económico actual ha dado como resultado fuertes recortes del gasto público. En particular, el capítulo de Atención a la Dependencia ha sido especialmente afectado. Además, el incremento en los precios de los servicios que se prestan en este ámbito, lleva a considerar que las ayudas públicas no son suficientes. Por ello, se deberían estudiar opciones que las complementen. El desarrollo normativo de la dependencia otorga un derecho subjetivo de carácter universal a los individuos y otorga a las empresas, la seguridad jurídica necesaria para poder operar en los mercados. Del estudio del marco normativo tanto a nivel estatal como a nivel regional, se puede concluir que es factible desarrollar productos financieros y actuariales que limen las diferencias entre los territorios de las comunidades autónomas.

Introduction: The concept of Omnibus Law is intended as a means to resolve conflicting norms between laws and regulations so that inconsistencies do not occur.Purposes of the Research: The study aimed to evaluate the concept of the Omnibus Law against the Job Creation Law (Undang-Undang Cipta Kerja) with a more specific focus on Limited Liability Company Regulations.Methods of the Research: Normative legal research (doctrinal study) on policies with a Conceptual Approached and Legislation (normative-juridical).Results of the Research: That many sectors of law grouped into the Omnibus Law, which was prone to causing inconsistencies, Lack of clarity in rules resulted in a lack of legal certainty, especially for Limited Liability Companies; the emergence of inconsistencies in the Job Creation Law against the UUPT due to a new concept regarding SMEs Limited Liability Companies or individual Limited Liability Companies which has legal consequences, the emergence of responsibility for piercing the corporate veil because there is only one shareholder; the absence of the role of a notary and an authentic deed of establishment; changed and dissolution of the RUPS SMEs Limited Liability Companies through an electronic statement letter will cause a lack of legal validity of the Limited Liability Company; absence of a minimum capital requirement could lead to vulnerabilities in providing third party payment guarantees; moreover, setting limits for the establishment of the founders of the SMEs company may only be once a year, creating the risk of branching creditors; and provide an opportunity of creating Limited Liability Companies to seek profits every year, based on a limited liability concept.

Cover -- Introduction: Setting the scene -- I. The advent of satellite based services -- I.1 Satellite based services -- I.2 Liability risks and the concept of damage -- a. Direct damage scenarios -- b. Indirect damage scenarios -- II. Research theme -- II.1 Scope of the research -- II.2 The research theme in general -- a. The architecture of GNSS -- b. Liability implications for civilian versions of GNSS: a general overview -- c. Tiers of errors leading to signal loss and the operator's perspective -- II.3 The research theme in more detail -- a. Research questions -- b. Case studies -- c. Forms of civil liability -- d. Catastrophic cases of damage and causation -- III. Expected outcomes of the research and innovation -- III.1 Literature review: status quo -- III.2 Outcomes and innovative aspects -- IV. Methodology -- First part: Satellite based services and GNSS -- Chapter 1: General aspects of satellite based services and GNSS -- I. Central themes of the chapter -- II. Satellite based services -- a. Satellite based services: definition -- b. Some examples: navigation, telecommunication, and Earth observation -- III. Global navigational satellite systems (GNSS) -- a. Architecture and underlying characteristic of GNSS -- a.1 Definition -- a.2 Global dimension -- b. The current systems -- b.1 The Global Positioning System (GPS) -- b.2 The Global Orbiting Navigation Satellite System (GLONASS) -- b.3 The advent of the EU's Galileo -- c. Civilian applications -- c.1 Transport applications -- c.2 Scientific applications -- c.3 Timing applications -- c.4 Data protection through the use of future GNSS related applications -- c.5 Leisure related applications -- Chapter 2: Liability risks within the field of GNSS: general remarks -- I. Central themes of the chapter -- II. A general overview of GNSS related risks -- a. Technological risks

This study analyzes discourse about journalists' privilege and libel law from 1894 to 1897 to explain how the press articulated the public policy rationale for legal protection at a pivotal moment in journalism history. To illuminate the relationship between emerging professional values and ideas about law, it applies the analytical lens of institutionalism. The study argues that the public policy rationale that appeared in the legal discourse surrounding these key legal issues was both a function of principled professional identity–building and a means of "institutional maintenance" intended to protect the press's social status.

The number of Baitul Maal Wat Tamwil has been growing rapidly in Indonesia from year to year. The data show that in 2013, the growth has reached more than 5500 BMT spread throughout Indonesia. However, its development has still not been followed by the legal rules. Some of them follow the legal system of Cooperatives, that are Act No. 25 of 1992 and Decree of the Minister of Cooperatives and SMEs, No. 91 /KEP/M.KUKM/IX/2004 about the Implementation Guidelines for Cooperative Operations of Islamic Financial Services (KJKS). However, after Act No. 1 of 2013 about Micro-finance Institutions had been issued, the legal institutional status of BMT and its supervision has become a problem for the existence of BMT. Therefore, this study met the issues of how the legal status and supervision of BMT before and after the issued Act No. 1 of 2013 about micro-finance institutions. This study was an empirical law rechtdogmatik against Act No. 1 of 2013 about Micro-finance Institutions. It used primary legal materials, namely the Micro-finance Institutions Act; the result of interviews; and documentation that were analyzed qualitatively. The result analysis showed that before the Law of Microfinance Institutions was issued, there were 3 groups of BMT, namely: BMT with the Cooperative legal entity and being supervised by the State Ministry of Cooperatives and SMEs; BMT that were formed under the foundations legal entity; and BMT that were formed under Non Governmental Organisation. However, after Act No. 1 of 2013 had been issued, Microfinance Institutions should only have legal status, either as a cooperative or an incorporated company (PT). In addition, the supervision should be conducted by the Financial Services Authority of Indonesia (OJK) coordinated with both the Ministry of Cooperatives and SMEs, and the Ministry of Home Affairs. Nevertheless, the competence of supervision has still not been clearly regulated in the Microfinance Institutions Act, because the new law might effectively run two years after being enacted while the implemention is also still not regulated yet. Thus, it should be recommended to make clear implementation rules in the legal status of Microfinance Institutions, especially for those not have legal entities as well as those should transform. Similarly, in terms of supervision, there should be a clear competence of supervision performed by the FSA and the two mentioned Ministry above. So, there might not be either overlapping or loose supervision.

In this study, the author considers 3 (three) reasons that are considered important such as philosophical aspects, aspects of criminal law theory, and political aspects of national criminal procedural law after describing 5 (five) previous legal scientific studies related to the implementation of supervisory judges and observers in the criminal justice system. This study aims to reflect on the legal principles of the kimwasmat institution and build models and patterns of implementing the kimwasmat institution. This research intends to answer 2 (two) legal issues: firstly, what are the legal principles contained in Article 280 of the KUHAP. Secondly, what is the model and pattern of implementation of the supervisory and observer judge institutions based on Article 280 of the KUHAP. This legal research uses the socio-legal research method, the materials of which are the results of interviews of judges in deliberate district courts, study of court official documents, relevant laws and regulations to legal issues, legal theory and social science theories. This study found, firstly, the function of kimsmat based on the principle of legal certainty and the principle of benefit which seeks to be married into the principle of certainty which is useful based on Pancasila. Finally, the classical bureaucratic model and the institutional model as well as the aspects of state administration to explain the management and control functions of the authority of the kimwasmat become the basis for the court to carry out criminal objectives.

BACKGROUND: Medical cannabis laws (MCL) have received increased attention as potential drivers of cannabis use (CU), but little work has explored how the broader policy climate, independent of MCL, may impact CU outcomes. We explored the association between state-level policy liberalism and past-year cannabis use (CU) and cannabis use disorder (CUD). METHODS: We obtained state-level prevalence of past-year CU and CUD for ages 12-17, 18-25, and 26+ from the 2004-2006 and 2010-2012 National Surveys on Drug Use and Health. States were categorized as liberal, moderate, or conservative based on state-level policy liberalism rankings in 2005 and 2011. Linear models with random state effects examined the association between policy liberalism and past-year CU and CUD, adjusting for state-level social and economic covariates and medical cannabis laws. RESULTS: In adjusted models, liberal states had higher average past-year CU than conservative states for ages 12-17 (+1.58 percentage points; p=0.03) and 18-25 (+2.96 percentage points; p=0.01) but not for 26+ (p=0.19). CUD prevalence among past year users was significantly lower in liberal compared to conservative states for ages 12-17 (−2.87 percentage points; p=0.045) and marginally lower for ages 26+ (−2.45 percentage points; p=0.05). CONCLUSION: Liberal states had higher past-year CU, but lower CUD prevalence among users, compared to conservative states. Researchers and policy makers should consider how the broader policy environment, independent of MCL, may contribute to CU outcomes.

Abstract
In two recent, revolutionary decisions, - Janko Rottmann C-135/08 and Ruiz Zambrano C-34/09 - the European Court of Justice has firmly emancipated the status of citizenship of the Union from the "cross-border" requirement and has inaugurated a new area for the protection of rights closely linked to the core of sovereignty of States, - nationality and residence. This Article examines these two judgments and argues that they take the construction of citizenship towards a federal status. The "genuine enjoyment of the substance of citizenship rights" has emerged as a new legal category that is capable of providing a uniform and general protection and entails the affirmation of a core of rights of a supranational nature. This new development raises questions as to whether the ECJ's expansionist reading of citizenship constitutes a legitimate exercise of judicial power and as to what will be the relationship between citizenship and EU fundamental rights. We conclude by exploring the potential of the judgments analyzed in terms of placing Union citizenship at the center of the emergence of a constitutional patriotism in Europe.

EXECUTIVE SUMMARY This research report has been published as part of the EU Horizon 2020 research project (www.vulner.eu). The VULNER research project is an international research initiative, the objective of which is to reach a more profound understanding of the experiences of vulnerabilities of migrants applying for asylum and other humanitarian protection statuses, and how they could best be addressed. It therefore makes use of a twofold analysis, which contrasts the study of existing protection mechanisms for vulnerable migrants (such as minors and victims of human trafficking) with the experiences of migrants on the ground. This research report presents some of the intermediate research results of the VULNER project based on the first phase of the project. This phase consisted of mapping out the vulnerability assessment mechanisms developed by state authorities in Italy, including how they are implemented on the ground through the practices of the public servants in charge. The following research questions are addressed: What do the relevant domestic legislation, case law, policy documents, and administrative guidelines reveal about how 'vulnerabilities' are being assessed and addressed in the countries under study? Do the relevant state and/or aid agencies have a legal duty to assess migrants' vulnerabilities, and if yes, using which procedures, when and how? Following which legal and bureaucratic criteria? How do decision makers (street-level bureaucrats) understand and perceive the 'vulnerabilities' of the migrants they meet on a daily basis? How do they address these 'vulnerabilities' through their everyday practices? What is their stance on existing legal requirements towards 'vulnerable' migrants? What loopholes do they identify? Sources and data collected The research for this report was carried out between February and October 2020 and relied on the analysis of the relevant legal and policy framework and case law in the field of migration and asylum, as well as in-depth interviews with key ...