Suchergebnisse

Acknowledgement: The University of Malta would like to acknowledge its gratitude to the 2015, European Commission, Directorate-General for Justice and Consumers for their permission to upload this work on OAR@UoM. Further reuse of this document can be made, provided the source is acknowledged. This work was made available with the help of the Publications Office of the European Union, Copyright and Legal Issues Section. ; The promotion and protection of the rights of the child is one of the objectives of the EU on which the Treaty of Lisbon has put further emphasis. This report is part of a study 'to collect data on children's involvement in judicial proceedings in the EU' which supports the implementation of the Commission Communication of 15 February 2011 'An EU Agenda for the rights of the child', which identified the lack of reliable, comparable and official data on the situation of children in the Member States (MS). This deficiency is a serious obstacle to the development and implementation of evidence-based policies and is particularly evident in the context of child friendly justice and the protection of children in vulnerable situations. Making the justice system more child friendly in Europe is a key action of the EU Agenda. It is an area of high practical relevance where the EU has, under the Treaties, competences to turn the rights of the child into reality by means of EU legislation. Improved data is crucial to the framing of such legislation. The objective of this study is: to establish statistics and collect data based on structural, process and outcome indicators on children involved in administrative judicial proceedings for the years 2008-2010 (and 2011 if available) for all 28 EU Member States; to provide a narrative overview of children's involvement in administrative judicial proceedings in the EU. The report describes the situation in each Member State as at 1 June 2012. This report examines the safeguards in place for children involved in administrative judicial proceedings. The Council of Europe Guidelines on child-friendly justice serve as a basis for the analysis of the provisions affecting children in civil judicial proceedings in each Member State ; N/A

Imagine a visitor who seeks to catalog the variety of written texts American government uses to communicate its powers and its citizens' rights and obligations. She might organize those texts into the following pyramid: • A Constitution, adopted by "the people" • Hundreds of statutes, adopted by an elected Congress • Thousands of regulations, adopted by politically responsible executive officials • Tens of thousands of interpretations and other guidance documents, issued by responsible bureaus • Countless advice letters, press releases, and other statements of understanding, generated by individual bureaucrats On inquiry she would find that we understand passably well the ordering and influence of the top three layers of this structure. Our legal system treats each of them as binding text, subject only to the requirements that it be authorized by the superior authority and appropriately adopted following designated procedures; if valid, each of them has legislative effect on government and citizen alike, until displaced by another text validly adopted at the same or a higher level. She would find, too, that the innumerable items at the base of this pyramid, while often in fact influential on private conduct, are denied any formal jural effect. It is at the fourth level that she would find confusion – confusion whether these"publication rules," as we will call them for reasons that will presently appear, are legitimate instruments of agency policy or a ruse to evade the higher procedural obligations associated with adopting regulations;'confusion whether an agency may give them any jural effect and, if so, to what degree; and confusion whether and to what extent they must be respected by the courts.

Reuse of record except for individual research requires license from Congressional Information Service, Inc. ; Hearings on S. Res. 244 and other bills. ; CIS Microfiche Accession Numbers: CIS 78 S401-18 ; Microfiche. ; Mode of access: Internet.

EU law places a number of requirements on administrative authorities that puts them in potentially invidious positions; while EU law today does not require institutionally independent administrative authorities or provide protection for the independence of authorities beyond the field of data protection, it does require administrative authorities to act independently through the loyal and effective enforcement of EU law. This requirement of acting independently without institutional independence raises certain implications for the role of administrative authorities acting within the hierarchical administrative orders of Member States. Using the case of Sweden – a Member State where administrative authorities enjoy significant constitutionally protected independence in the application of law and decision of cases – this article argues that the effect of EU law obligations of effectiveness and loyalty is a weakening of the hierarchical influence of the government over its own authorities, with a resulting shift of influence towards the legal arena through the provision of politically expedient interpretations of EU law. The invidious position of administrative authorities within the scope of EU law is likely to make them vulnerable to such influence, which may ultimately interfere with the effective administration of EU law.

The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights (ECtHR) deals with tort law issues such as damage, causation, wrongfulness, fault and compensation - namely when applying Art. 41 of the European Convention on Human Rights (ECHR). Methodological approaches to the tort law of the ECHR as well as the perspectives of human rights and tort law and public international law are also addressed.

This article considers issues of functioning of man-sized systems within the framework of the order of legal relations ensured by state administration. The research paper raises and examines issues of modernization of the process of state administration at the present day in view of modern requirements and the development prospect. The article raises and examines issues of maintenance of the stability of the system of state administration. The paper considers aspects of interaction of members of various man-sized systems that perform communication through the use of modern information technologies.

General principles of EC environmental law -- European Community institutions and legislation -- The relationship between environmental protection, financial assistance and free trade -- Procedural techniques of environmental protection -- Protection of air quality -- Biodiversity and nature conservation -- Waste -- Dangerous substances -- Water quality.

Fondée sur une méthode pragmatique, cette étude propose pour la première fois une analyse systématique du Build, Operate and Transfer (BOT) qu'elle éclaire par une démarche interdisciplinaire, ancrée principalement autour de l'approche Law and Economics. Considéré comme un impératif économique et même moral, l'investissement dans les infrastructures et les services collectifs participe, dans une large mesure, à la croissance économique ainsi qu'à l'amélioration des conditions de vie humaine dans toute nation. Toutefois de nos jours, les États ou les collectivités publiques n'ont plus l