Suchergebnisse

This study examines the adoption of arbitration for the definitive solution of conflicts between Brazilian Public Administration and its citizens. Despite strong sociological reasons against adopting the institute in Brazil, surprisingly, legal scholars assimilated it with ease. Dogmatic reasons, however, prevent its adoption. The thesis that it is possible when it comes to the secondary interest is untenable, as the secondary interest is only valid when it coincides with the primary one. The unavailability of the public interest was circumvented by explicit legislative authorization term. It is impossible to circumvent the supremacy of the public interest over the private one, which prevents removing the judiciary from having the final word prerogative on the interpretation of matters of the public interest. Therefore, all laws that authorize administrative arbitration are unconstitutional. ; Este estudio trata sobre la adopción del arbitraje para la solución definitiva de los conflictos entre la Administración Pública brasileña y la administrada. A pesar de las fuertes razones sociológicas en contra de la adopción del instituto en Brasil, sorprendentemente la comunidad jurídica lo asimiló con facilidad. Sin embargo, razones dogmáticas impiden su adopción. La tesis de que es posible cuando se trata de interés secundario es insostenible, ya que el interés secundario solo es válido cuando coincide con el primario. La indisponibilidad del interés público se eludió mediante autorización legislativa expresa. Es imposible eludir la supremacía del interés público sobre el privado, lo que impide que el poder judicial tenga la prerrogativa de dar la última palabra en la interpretación de los asuntos relacionados con el interés público que deben descartarse. Por lo tanto, todas las leyes que autorizan el arbitraje administrativo son inconstitucionales. ; Este estudo versa sobre a adoção da arbitragem para solução definitiva de conflitos entre a Administração Pública brasileira e o administrado. Apesar de fortes razões ...

Based on Article 32 paragraph (2) of Government Regulation No. 24 of 1997 concerning Land Registration states, in the event that a land area has been issued a certificate legally and on behalf of a person or legal entity who acquires the land in good faith and expressly controls it, then the other party who feels that it has the right to the land, can no longer demand the exercise of the right if within a period of 5 years from the issuance of the certificate does not object in writing to the holder of the certificate or the Head of the Land Office concerned or does not file a lawsuit to the Court regarding the mastery or issuance of the certificate. Legal problems arise that a certificate that has been issued a certificate for 5 years can not be sued in court on an validity basis. The results showed that the cancellation of land rights certificate by tun court based on The State Administrative Court Law, cancellation of land certificates by deliberation and other efforts and unilateral settlement by the National Land Agency (BPN) has been carried out, where the plaintiffs held a review of the State Administrative Decision that has been issued can not be received by the plaintiff or the disputing party. Prior to the ruling that has legal force it remains prohibited for the relevant State Administration officials to carry out mutations on the land in question, it is to avoid the occurrence of problems in the future that cause harm to the litigants and third parties.

The fight against bureaucracy has been a constitutional goal in Portugal since 1982, when the first constitutional amendments were made. In Article 267(1), the following was included on the organization and goals of the Public Administration: "the Public Administration shall be structured in such a way as to avoid bureaucratisation, bring departments and services closer to local people and ensure that interested parties take part in its effective management, particularly via public associations, residents' organisations and other forms of democratic representation". Unfortunately, the mere fact of having a constitutional article dedicated to bureaucracy does not automatically fulfil the intended goal unless there is also the political will, governmental commitment and institutional capacity to achieve the objective.
Since 2005 the conditions for serious and systematic simplification have finally been met. In this article, the legal and political context in which the first modernization initiatives occurred, firstly, is briefly explained. Then, the article moves on to a more detailed presentation and critical analysis of the recent legal changes that took place in 2015 and transformed the environmental bureaucracy landscape in Portugal.

The subject matter of this paper is legal protection against administrative silence, i.e. non-performance of the administration. The first part of the paper explores the concept of administrative silence and presents two dominant models of administrative silence: the negative model and the positive model. The second part focuses on administrative proceedings dealing with administrative silence, with specific reference to statutory time limits pertaining to legal protection against administrative silence. The third part elaborates on the consequences and effects of initiated proceedings, including available legal options and solutions for resolving such disputes in the future. The fourth part provides an example of proceedings in an administrative silence case. In conclusion, the author sums up the key issues that are have to be addressed in order to improve the efficiency and effectiveness of proceedings in such cases. The problem of legal protection against administrative silence is surely not an important subject in the legal science but it certainly has a huge practical effect on the establishment of the legal system and citizens' trust in it.

The extraterritorial reach of national economic regulation, particularly of antitrust laws, is one of the most controversial topics in the international legal community, largely because that community has failed to develop jurisdictional principles that both accommodate the regulatory needs of regulating states and are discriminating enough to avoid impinging on the legitimate interests of other states. As a result, international conflicts related to the assertion of jurisdiction have greatly increased in both frequency and intensity.

This study aims to investigate the levels of emotional intelligence for managers in public and private hospitals in Jordan for the purpose of identifying the relative practice of emotional intelligence dimensions by managers in each sector. The research will also look into the differences (gaps) in self- and other-assessed emotional intelligence for managers in both public and private hospitals. As such, the theoretical importance of this research lies in its ability to contribute to filling the missing gap in the literature while forming the basis for or being the object of reference for any future research in the field. The researchers adopted a quantitative research design. Data were collected using a 360-degree questionnaire, in which managers' self-assessments, and the assessments of two other raters (supervisors, peers, or subordinates), were used to measure the levels of managers' emotional intelligence in both public and private hospitals. A total of 179 managers and 358 raters participated in our study. The results of the study revealed that differences between managers' self-assessments and others' assessments might be an indicator of inflated managers' self-assessments. Differences between managers' self-assessments and others' assessments were larger in public hospitals compared with those in private hospitals. Hence, our study provides valuable recommendations and implications to enhance the practice of emotional intelligence among managers both in public and private hospitals in Jordan.