Suchergebnisse

Dans son arrêt Polbud1, la Cour de justice de l'Union européenne permet qu'une transformation transfrontalière par transfert de siège puisse se faire en dissociant les sièges statutaire et réel Cette jurisprudence devrait accentuer le phénomène de concurrence réglementaire entre les droits des sociétés des États membres et pourrait également fragiliser encore davantage la théorie du siège réel. L'arrêt Polbud remet possiblement en question l'approche fondée sur l'unité des sièges dans la future nouvelle proposition de directive sur le transfert transfrontalier de siège .

The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's opinion fails in not laying down guidelines that would assure a truly adversary process in Saikewicz-type cases. He agrees with the Saikewicz court that our democratic institutional structure and societal commitment to individual liberty require that persons not competent to consent for themselves to acts of euthanasia be protected by a process of "detached but passionate investigation." However, he points out that this ideal of the court system was not realized in Saikewicz itself and is not likely to be realized in other cases without reform of some of the procedures currently being employed by the courts in "proxy consent" cases. Drawing on previous articles that he has written in related areas, he then proposes a set of guidelines that he believes not only will remove existing procedural deficiencies, but also may reform some aspects of the existing system that have drawn criticism from the medical community.

В статье на основе действующего уголовного законодательства, судебной практики и научных источников анализируется проблема усмотрения правоприменителя при применении положений о добровольном отказе от доведения преступления до конца и вследствие деятельного раскаяния. Автором формулируются предложения по совершенствованию уголовного и уголовно-процессуального законодательства в этой части. ; An article describes the problem of the criminal law authorities discretion applied to voluntary refusal to commit crime and active repentance institutions. The research is based on the legislation and law enforcement practice analysis. The author also formulates criminal substantive and procedural legislative development ideas.

The debate over corporate objectives and how companies deal with amplified existing societal inequalities and vulnerabilities has received increasing attention in recent years, especially in the wake of the COVID-19 crisis. The pandemic encouraged companies and policy makers to consider ways to develop a more enabling institutional environment, not only to tackle the ongoing crisis but also to prepare for similar future tests. Against this backdrop, the purpose of this paper is to focus on the significance and effectiveness of ex ante corporate social responsibility (CSR) law approaches in tackling the challenges brought by the pandemic. We investigate the uniqueness of the sustainable development challenges in the era of the pandemic, and introduce "corporate social competence" as a compliance principle in response to the need for forward-looking approaches to risk management and strategic planning. We use two ex ante legislative approaches in company law, namely mandatory CSR policy and legally recognised inclusive business models, as examples to illuminate the contribution of company law to navigate the pandemic beyond philanthropic CSR actions.

"In the international law of the 21st century, more and more regulation comes in the form of post-treaty rules. Developed in environmental law, this trend increasingly spreads to areas ranging from tobacco regulation to arms trade. This book offers the first systematic examination of these decisions, resolutions and recommendations adopted by treaty bodies, to assess their effectiveness. The study shows that the authority of such rules is in question as, in practice, treaty parties retain almost complete discretion when it comes to their implementation. This conclusion gives rise to two key questions. To what extent does this ambiguous authority affect adherence to procedural principles like legal certainty, non-arbitrariness and the duty to state reasons? And can the legitimacy of the process and content of post-treaty rules fill the gaps in their authority? In assessing these questions, the study shines a light on this crucial but neglected area in international law scholarship and forms a starting point for improvements and reform."--Bloomsbury Publishing

Over the past few years, the phenomenon of foreign terrorist fighters has deeply influenced criminal law. The United Nations, the Council of Europe and the European Union have called upon States to criminalise certain conducts linked to the behaviour of these criminals, such as travelling abroad for terrorist purposes. These measures have been considered by many as an unjustified restriction on the free movement of persons guaranteed by several human rights instruments. Taking into account that the development of EU criminal law is based on the assumption that every member State has an adequate system of protection of fundamental rights, this criticism cannot be ignored. In this sense, an analysis of relevant case law on the restrictions of freedom of movement is highly useful to understand the position of the judiciary on the matter, and to identify possible difficulties in implementing these restrictions of free movement in national systems. ; UNIVERSIDAD DE GANTEUniversidad de Málaga. Campus de Excelencia Internacional Andalucía Tech.

Sexual harassment is a form of sexual violence and is classified as a serious crime. This is due to the impact of sexual harassment which can threaten and endanger the life of the victim. Seeing the impact that is the result of sexual harassment, it is necessary to protect victims of sexual harassment from several parties such as the government, institutions, families, and communities. In addition, there is a need for legal protection that is binding on victims of sexual harassment. This study aims to conduct a juridical review of legal protection for victims of sexual harassment as a form of state responsibility. The research method used is a normative approach with a normative legal research design. The data used are secondary data derived from important documents and literature related to the research topic. The results of this study are that there is already legal protection for victims of sexual harassment in Indonesia which is a form of state responsibility, namely Articles 5 6 of Law Number 31 of 2014 concerning amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims. , Law Number 35 of 2014 concerning Child Protection, and Law Number 39 of 1999 concerning Human Rights. This is also supported by the activeness of victim protection institutions that assist in the protection of victims of sexual harassment. The urgency of establishing legal protection for victims is to prevent and provide solutions to the impacts felt by victims of sexual harassment.

El trabajo tiene por finalidad el analizar la legislación relativa a la igualdad de género dentro del mercado laboral. Para ello es necesario realizar una aproximación a la evolución histórica del derecho relativo a la materia, tanto en la Unión Europea como centrándonos en el caso español. En el trabajo abordaremos tanto el derecho originario como las directivas de la Unión Europea y las leyes españolas sobre la materia. Además, nos centraremos en el desarrollo de la jurisprudencia del Tribunal de Justicia de La Unión Europea que ha ido evolucionando con el tiempo adecuándose a las circunstancias. Por último, estudiaremos la desigualdad salarial entre hombres y mujeres en España, más comúnmente llamada brecha salarial, que nos mostrará que, aunque hemos avanzado mucho en la materia en los últimos años, aún estamos muy lejos de alcanzar la igualdad real. ; The work aims to analyze legislation concerning gender equality inside the laboral world. For this is necesary make a historical aproximation of the law about the matter. So we see the spanish and the Europe law. In the work we try the original and derivate law of the europe union and the spanish law. Also we focus in the jurisprudence evolution of the europe tribunal. Finally we study the wage inequality between womens and mens in Spain, and this show that we advanced in the last years but pityfully the goal is very far yet. ; Máster Universitario en Acceso a la Profesión de Abogado (M155)

Рассмотрен ряд реликтов обычно-правовой практики мордовского народа. В материалах статьи показано, что обычаи во многом и поныне продолжают действовать как уникальный источник народного понимания закона и справедливости. Автор обращает внимание, главным образом, на позитивные аспекты бытования обычного права. В то же время приводятся примеры самоуправления народа, идущие вразрез с официальным законодательством, решениями судов. Анализируются ситуации, приведенные в периодической печати Республики Мордовия. В работе использовался историко-правовой метод, с помощью которого было прослежено сохранение реликтов обычного права в условиях современности. Анализ современной правовой культуры, практики, менталитета показывает, что обычаи во многом и поныне сохраняют свою актуальность как уникальный источник мудрости народа, его понимания закона и справедливости. ; A number of relics considered a customary practice of the Mordovian people. In the article it is shown that the customs still largely continue to operate as a unique source of ethnic understanding of law and justice. The author pays attention mainly on the positive aspects of the existence of customary law. At the same time, the examples of the people's self-governing practices, which contradict the official legislation, decisions of the courts. Analyzes the situations presented in the periodic of the Republic of Mordovia. In this paper we use the historical-legal method, with which was traced the preservation of the relics of customary law in modern times. Analysis of modern legal culture, practices and mentality shows that customs in many respects and still remain relevant, as a unique source of wisdom of the people, their understanding of law and justice.

This thesis contributes to an understanding of the pathways of civic influence into the least dangerous branch of American politics - the Judicial Branch. Specifically, this thesis examines the influence of the Federalist Society for Law and Public Policy - a conservative and libertarian legal network of more than 40,000 members - on twelve of the most salient Supreme Court decisions concerning federalism and the separation of powers over the last three decades. As a special case, it also examines Federalist Society influence on a subset of controversial Executive Branch policies issued under George W. Bush. To understand the unique nature of this civic group's influence, it establishes the Federalist Society for Law and Public Policy as a kind of epistemic community; i.e., a network of legal professionals and civic leaders bound together and shaped by a set of beliefs about law, the nature of government, and constitutional interpretation. Using this framework, it proceeds to demonstrate how individual members of the Federalist Society acted as "cognitive baggage handlers," carrying these shared ideas into their roles as judges, academics, litigators, and government officials. Finally, it evaluates the extent to which these actors were successful or not in diffusing the epistemic community's ideas into law and policy. It finds that while there is substantial evidence of Federalist Society influence in the areas of federalism and separation of powers, overall the results have been mixed. The final chapter examines why that was and speculates as to the conditions that might facilitate and frustrate epistemic community influence more generally.

There has been a revitalization of interest in social control over the last decade, and this volume contributes to renewed attempts to explain and conceptualize social control in all its diversity. It provides a broad conceptualization of social control which is unique. Rather than concentrating solely on law and legal control (the criminal justice system), there are also treatments of informal control (socialization, group formation and the controls exerted in everyday life) as well as medical control (norms regarding health and illness, particularly with regard to notions of 'normal' behaviour). This volume brings together cutting edge analyses both theoretical and empirical of social control from leading scholars in the fields of sociology, criminology, and related social sciences. Perspectives on Social Control is of interest not only to sociologists and criminal justice practitioners, but also to medical professionals (primarily for the focus on medical control or medicalization), as well as a wide array of scholars from a variety of disciplines concerned with the socialization process and the pressures toward conformity exerted by social groups in everyday life.

Abstract
Empirical research is ripe for a reality check, as elegantly put by the "elephants in the room" (Ohlson, 2022a. Empirical accounting seminars: Elephants in the room. Accounting, Economics, and Law: Convivium.) referring to practices to disguise false positives with the aid of statistical engineering. However, the diagnosis points to a deeper problem. The dominant empirical paradigm combines extraordinarily vague hypotheses with ridiculously high desired levels of statistical confidence beatable solely with econometric hacks. Instead, I argue that economic magnitudes measure meaningful theoretical constructs and require far less than conventional significance levels for measurements of sufficient importance. Precisely estimating that an effect is close to zero can be more meaningful than a noisy but significant coefficient. I make several actionable proposals: (1) report standard errors rather than conventional statistical significance (stars) or t-stats, (2) discuss target significance levels likely to change priors and could much higher than weak significance for unsettled questions, (3) report precisely estimated zeros and power analyses, and (4) anchor empirical design on formal theory justified with precise references or structural models.

This article provides an analysis of the implementation of the National Health Insurance (JKN)
based on the Law of the Republic of Indonesia Number 40 of 2004 concerning the National Social Security
System. In the implementation of the National Health Insurance, which is part of social security, only
provides guarantees to the poor, this is contrary to the purpose of the establishment of social security
legislation which guarantees to provide Jamian to all Indonesian citizens without being based on the social,
cultural and economic conditions of citizens which causes injustice because it is contrary to the constitution
of the republic of Indonesia. Another fact that can be observed is the gap in health facilities and health
resources between provinces, districts/cities. The number of doctors who are only scattered in big cities,
hospital facilities and health centres between the island of Java and eastern Indonesia which creates a very
large gap and is very influential in health services. People in cities and on the island of Java can enjoy all
the benefits of health insurance, this is inversely proportional to JKN participants on the islands, especially
those in eastern Indonesia.

Trying to reconcile the commemoration of the twenty- fifth anniversary of the Max Planck Yearbook of United Nations Law with the ongoing brutal Russian invasion into Ukraine since 24 February 2022, this contribution will attempt to analyse the impact of the various claims put forward by President Vladimir Putin as to the 'legality' of the Russian aggression on the ius contra bellum regime as enshrined in the UN Charter. To this end, the authors will, first, sketch the distorted pseudohistorical narrative purported by Putin which gives his 'legality claims' context. Second, this contribution will take Putin's 'legality claims' deliberately at face value in order to subject them to a legal assessment. In doing so, the authors attempt to demonstrate that the plentiful doctrinal controversies still permeating the discourse on the ius contra bellum regime have little bearing on the (in)validity of the proposed justifications. Third, the authors will address what is at stake for the modern international order based on the UN Charter in face of the blatantly illegal use of force on the part of Russia against Ukraine.

In 1997, the Commission on Human Rights and the United Nations General Assembly decided to convene the third World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance in Durban, South Africa. All the major United Nations treaties protecting individuals from racial discrimination had been adopted prior to 1997 and the mandate of the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance had been created in 1993. But the Durban Conference, symbolically held in post- apartheid South Africa, generated new momentum for these political and legal commitments against racial discrimination. This chapter presents an overview of the United Nations mechanisms and initiatives tackling racial discrimination and the thematic developments since 1997. In light of contemporary challenges posed by the use of technology and pandemics, and reflecting on the intersectional nature of discrimination, it concludes with reflections on the strengths and weaknesses of the United Nations response to racial discrimination. The chapter identifies areas for further attention, including racial profiling in law enforcement and border security, racism in sport, and the deepening inequalities caused by global emergencies.