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The electorate of the "Power Party" is understood as a rather conditional and internally contradictory coalition of all those voters who at present are ready to vote at a presidential election for some of the leaders now or until recently within the federal executives (Boris Yeltsin, Viktor Chernomyrdin, Boris Nemtsov, or Anatoly Chubais) as well as Yuri Luzhkov as a quite probable successor in many respects close to the present power entities and their policies. In spite of the fact that, as an analysis shows, the "Power Party" exists rather as a mental construct of politicians and political scientists than an integrity impressed in voters' consciousness, the grouping undertaken in the article enables to disclose certain peculiarities of the specified type of electorate, in particular such as, apart from the actual uncertainty of ideological and political attitudes, some inclination towards democratic self-identification or a certain peaceable disposition in comparison with other electorates.concerning the Chechen problem or on the issue of infringement upon the Russians' rights in Latvia. However, unquestionably the most striking distinguishing feature of the "Power Party" electorate is its middle-class affiliation. If the criterion of identifying the middle class is a subjective assessment of own economic condition as "good" or "average" (such people are now 44 per cent of Russia's population), it appears that exactly this "class" is 57 per cent of this electorate in comparison, particularly, with 19 per cent of Zyuganov's electorate. One can with certainty talk about a tendency of the "Power Party's" turning into a party of the middle strata relatively content with their economic conditions, but namely about just tendency, taking into account that a very high percentage of exactly the average-income groups of the population still stay away from elections. Increasing political activity and electoral mobilisation of the middle strata continues to be the most important problem for reformers. In particular, as regards the "Power Party" itself, neither its reforming nor stabilising potentials inspire as yet full confidence and, as a result, a willingness to vote for its representatives is displayed by only 29 per cent of those who support the continuation of market reforms and 35 per cent of those who think that during the forthcoming year life in Russia will somehow or other go right; the same is the percentage of those who believe that Russia's leaders control the situation in the country and in the coming months some improvement can be expected in the political and economic situation. ; The electorate of the "Power Party" is understood as a rather conditional and internally contradictory coalition of all those voters who at present are ready to vote at a presidential election for some of the leaders now or until recently within the federal executives (Boris Yeltsin, Viktor Chernomyrdin, Boris Nemtsov, or Anatoly Chubais) as well as Yuri Luzhkov as a quite probable successor in many respects close to the present power entities and their policies. In spite of the fact that, as an analysis shows, the "Power Party" exists rather as a mental construct of politicians and political scientists than an integrity impressed in voters' consciousness, the grouping undertaken in the article enables to disclose certain peculiarities of the specified type of electorate, in particular such as, apart from the actual uncertainty of ideological and political attitudes, some inclination towards democratic self-identification or a certain peaceable disposition in comparison with other electorates.concerning the Chechen problem or on the issue of infringement upon the Russians' rights in Latvia. However, unquestionably the most striking distinguishing feature of the "Power Party" electorate is its middle-class affiliation. If the criterion of identifying the middle class is a subjective assessment of own economic condition as "good" or "average" (such people are now 44 per cent of Russia's population), it appears that exactly this "class" is 57 per cent of this electorate in comparison, particularly, with 19 per cent of Zyuganov's electorate. One can with certainty talk about a tendency of the "Power Party's" turning into a party of the middle strata relatively content with their economic conditions, but namely about just tendency, taking into account that a very high percentage of exactly the average-income groups of the population still stay away from elections. Increasing political activity and electoral mobilisation of the middle strata continues to be the most important problem for reformers. In particular, as regards the "Power Party" itself, neither its reforming nor stabilising potentials inspire as yet full confidence and, as a result, a willingness to vote for its representatives is displayed by only 29 per cent of those who support the continuation of market reforms and 35 per cent of those who think that during the forthcoming year life in Russia will somehow or other go right; the same is the percentage of those who believe that Russia's leaders control the situation in the country and in the coming months some improvement can be expected in the political and economic situation.

Annuities are financial products that guarantee the holder a fixed return so long as the holder remains alive, thereby providing insurance against lifetime uncertainty. The terms of these contracts depend on the information available to insurance firms. Unlike age and gender, information about individual survival probabilities cannot be readily ascertained. This asymmetric information causes market inefficiencies, such as adverse selection. Groundbreaking in its scope, The Economic Theory of Annuities offers readers a theoretical analysis of the functioning of private annuity markets. Starting with a general analysis of survival functions, stochastic dominance, and characterization of changes in longevity, Eytan Sheshinski derives the demand for annuities using a model of individuals who jointly choose their lifetime consumption and retirement age. The relation between life insurance and annuities that have a bequest option is examined and "annuity options" are proposed as a response to the lack of secondary markets. This book also investigates the macroeconomic policy implications of annuities and changes in longevity on aggregate savings. Sheshinski utilizes statistical population theory to shed light on the debate of whether the surge in savings and growth in Asia and other countries can be attributed to higher longevity of the population and whether this surge is durable. This book shows how understanding annuities becomes essential as governments that grapple with insolvency of public social security systems place greater emphasis on individual savings accounts

"'Bold Conscience' chronicles the shifting conception of conscience in early modern England, as it evolved from a faculty of restraint--what the author labels "cowardly conscience"--to one of bold and forthright self-assertion. Caught at the vortex of public and private concerns, the concept of the conscience played an important role in post-Reformation England, from clerical leaders on down to laymen, not least because of its central place in determining loyalties during the English Civil War and the consequent regicide of King Charles I. Yet within this mix of perspectives, the most sinuous, complex, and ultimately lasting perspectives on bold conscience emerge from deliberately literary, rhetorically artistic voices--Shakespeare, Donne, and Milton. Joshua Held argues that literary texts by these authors, in re-casting the idea of conscience as a private, interior, shameful state to one of boldness fit for the public realm, parallel a historical development in which the conscience becomes a platform both for royal power and for common dissent in post-Reformation England. With the 1649 regicide of King Charles I as a fulcrum that unites both literary and historical timelines, Held tracks the increasing power of the conscience from William Shakespeare's Hamlet and Henry VIII to John Donne's court sermons, and finally to Milton's Areopagitica and Charles's defense of his kingship, Eikon Basilike. In a direct attack on Eikon Basilike, Milton destroys the prerogative of the royal conscience in Eikonoklastes, and later in Paradise Lost proposes an alternative basis for inner confidence, rooting it not in divine right but in the 'paradise within,' a metonym for conscience. Applying a fine-grain literary analysis to literary England from about 1601 to 1667, this study looks backward as well to the theological foundations of the concept in Luther of the 1520s and forward to its transformation by Locke into the term 'consciousness' in 1689. Ultimately, Held's study shows how the idea of a conscience in early modern England, long central to the private self and linked to the will, memory, and mind-emerges as a nexus between the private self and the realm of public action, a bulwark against absolute sovereignty, and its attenuation as a means of more limited, personal certainty. Whether in Milton's struggle against King Charles or Hamlet's against King Claudius, the conscience born of the Reformation becomes less a state of inner critique and more a form of outward expression fit for the communal life and commitments demanded by the early modern era"--

"ROCK / WATER / LIFE bridges personal and theoretic registers, telling stories that lay bare the shared genealogy of environmental conservation and institutionalized racism in South Africa. Through her narrative and thick description of the terrain, Lesley Green makes clear the political stakes of environmental humanism and the authoritarian uses of environmental science. Green herself operates at the juncture of these fields, seeking to determine whether science itself might be a space for the necessary work of decolonizing the Anthropocene. In reclaiming ecological thought from a too-frequent separation from its historical and political economic context, Green asks what a decolonial South African ecological philosophy might look like and provides some of the tools necessary to approach alternative forms of praxis. Her work calls for a trenchant reappraisal of science as it manifests in environmental and economic exclusions, and for new engagements with the human/non-human entanglements that might provide a new means of inclusion. The book itself comprises several such possible interventions to create space for a critical inquiry into the South African scientific/educational establishment. Following a foreword by Isabelle Stengers, Green's three organizing forms (rock, water, and life) reappear to frame these sites of inquiry. The first three chapters offer sites at which scientific certainty was presented to shore up and perpetuate the colonial project. For instance, chapter 2 discusses how the belief that use of cement might adequately protect against the consequences of fracking mirrors similar faith in the state's regulatory systems. Comparatively, the latter three chapters then explore the possibilities in environmental and ecological thought that could disrupt the colonial and modernist frames that hamper the decolonization of life in the Anthropocene. Here, chapter 5 introduces a call for a decolonized primatology in recognition of the role of simianization and criminalization in South African history. It is through this structure that Green draws several distinct provocations into relation: calls to decolonize, to operationalize recent work in political ontology, to further a cosmopolitical critique of neoliberalism, and to interrogate the loss of trust in Science. This project will be of interest to readers in anthropology, environmental studies, environmental humanities, cultural studies, and human geography, as well as gaining readers in the philosophy and history of science, feminist anthropology, feminist STS, eco-feminism, the Anthropocene, and decolonialist thought. The book might also gain a broader readership with those interested in matters of education, race, inequality, and conservation in South Africa"--

Rapid social change requires that major institutions adapt. Management professionals who are called in to help presumably know what to do, but in fact their typical ways of working are anachronistic. Many professionals tacitly assume stability and a level of knowledge that no longer exists. They devise change programs that, while consistent with cultural expectations and professional standards, are flawed from the start and may actually reduce institutional capacity to adapt. Their practices and culture were developed for a different time and are ill-suited to fluid and highly interconnected situations. The very people who are relied upon for adaptive solutions are preventing what they should be providing. Weaknesses of four familiar patterns of professional thinking are reviewed. Each puts society at risk: a rational pattern locks in optimal solutions that rapidly become obsolete a focused pattern is blind to reconfiguration options and the influence of external relationships a principled pattern fails to apprehend and develop the unique opportunities of a situation a interested pattern undercuts common interests that are already imperiled An ominous feature of these at-risk patterns is the lack of awareness of limitations or of how the professional is included within the problematic situations to be addressed. A different pattern is described ₆ reflexive practice ₆ that takes turbulence seriously and does not make convenient, traditional, and incorrect assumptions about stability, certainty, and the capacity of the professional for insight, foresight, and separation from the problem. These practitioners promote adaptive strategies appropriate for turbulent situations. Distinguishing features of these strategies include rapid generation and pruning of options, building capacity and readiness for continuous modification and reconfiguration, a greater comprehension of external changes, and reliance on mutual interaction through networks across boundaries. Examples of reflexive practice, and the contrasting failures of at-risk practices, are traced through domains where the need for adaptation is acute ₆ in national security, economics, energy, and environment. Personal characteristics and education of the reflexive practitioner are examined in greater detail. A simple survey of guests on C-SPAN illustrates the prevalence of the various types and their difference. Reflexive practice is the most appropriate pattern for thinking and action for management professionals under current conditions, and in particular when devising responses to global threats. The thinking pattern remains fallible, however, and will often violate standards and appear weak in comparison with other types. This condition will persist until professional cultures themselves become adapted to the times.

Every day, stocks, bonds, and currencies bounce wildly in response to new economic indicators. Money managers obsess over those statistics, because they provide crucial clues about the future of the economy and the financial markets. Now you can use these indicators to make smarter investment decisions, just like the professionals do.You don't need an economics degree, or a CPA... just this easy-to-use book. Former TIME Magazine senior economics reporter Bernard Baumohl has done the impossible: he's made economic indicators fascinating . Using real-world examples and stories,Baumohl illuminates every U.S. and foreign indicator that matters.Where to find them.What they look like. What the insiders know about their track records. And exactly how to interpret them. Whether you're an investor,broker, portfolio manager, researcher, journalist,or student, you'll find this book indispensable.Nobody can predict the future with certainty. But The Secrets of Economic Indicators will get you as close as humanly possible. What the numbers really mean... ...to stocks, bonds, rates, currencies, and you Ahead of the curve: spotting turning points Calling recessions and recoveries in time to profit from them Leading indicators: where's the economy really heading Decoding initial unemployment claims, housing starts, the yield curve, and other predictors Beyond the borders Why foreign indicators are increasingly important-and how to use them Making sense of indicators in conflict What to do when the numbers disagree Finding the data Free web resources for the latest economic data Investments "This is the most up-to-date guide to economic indicators and their importance to financial markets in print. For anyone trying to follow the economic data, this should be next to your computer so that you can understand and find the data on the Internet." David Wyss, Chief Economist, Standard and Poor's "I find Baumohl's writing fascinating. Just about anyone who's serious about understanding which way the economy is headed will want to read this book. It could be a classic." Harry Domash, Columnist for MSN Money and Publisher, Winning Investing Newsletter "Every business person or investor should keep a copy of Baumohl's book close-at-hand. It is great, at long last, to have someone who has eliminated what may have been so perplexing to so many and to have done so with such remarkable clarity." Hugh Johnson, Chief Investment Officer, First Albany "Bernie Baumohl has writt...

The purpose of this paper is to analyse the extent of a court's authority to moderate[1] penalties imposed by administrative bodies in several Central European countries: the Czech Republic, Slovakia, Germany, and Austria. The central goal is to investigate the legal frameworks within these nations and their relationship to Article 6 of the European Convention on Human Rights.The methodology employed involves a comparative analysis of legal provisions in the aforementioned countries concerning judicial review of administrative penalties. The study scrutinizes the differences in the legal approaches taken by these nations, highlighting the diverse methods used to address the court's role in moderating administrative penalties. The investigation is grounded in the concept of full jurisdiction, emphasising the right of individuals to have their cases thoroughly examined by a court, which also includes assessing the legality, merit, appropriateness, and proportionality of the penalties imposed.The findings reveal significant variations among the surveyed countries regarding the approach to judicial review of administrative penalties. These differences underscore the complex interplay between the executive and judiciary branches within legal systems, raising crucial concerns about principles such as legal certainty, proportionality, and the right to an effective remedy. The paper illuminates the varying degrees of court intervention in moderating administrative penalties across different legal contexts and makes a substantial academic contribution by shedding light on a relatively understudied aspect of administrative law within Central Europe. It provides valuable insights into how different legal systems address the delicate balance between executive power and judicial oversight, particularly in matters of administrative penalties.The study's originality lies in its comparative approach, offering a nuanced understanding of the court's role in moderating penalties and its implications for broader legal principles and human rights protection. Furthermore, the paper serves as a foundational resource for scholars and practitioners interested in exploring the origins and nuances of judicial moderation in administrative law, potentially inspiring further research and providing a schematic tool for navigating this complex legal terrain.

[1] The article uses the term 'moderate' as a verb in situations where a court, as defined in Article 6 paragraph 1 of the European Convention on Human Rights, is by law authorized to reduce the imposed administrative penalty at its discretion or to refrain entirely from imposing a penalty while reviewing an administrative decision. In such instances, we are not referring to court moderation wherein the court is the entity directly imposing the administrative penalty.

The article raises questions related to the definition of the system of investigative (search) actions relevant to modern law enforcement practice and the doctrine of the criminal procedure. Namely, for a long time the 1960 CPC in art. 194 provided for an investigative action such as reconstructing situation and circumstances of a certain event. The lack of legal certainty of this article logically led to a discussion about its legal content, which led scholars to form an opinion regarding the coverage of its normative content by two independent investigative actions – an investigative experiment and verification of testimony on the site. However, such a conclusion was only a doctrinal approach. The legal content of art. 194 of the 1960 CPC of Ukraine remained not clearly defined, which led to a lack of unity in approaches to its understanding until the very adoption in 2012 of the new CPC of Ukraine. Such a defect in the norm of criminal procedural law did not meet the requirements of the rule-making technique, and even less the needs of law enforcement practice. With the adoption of the 2012 CPC and enshrined in art. 240 as a separate investigative (search) activity of an investigative experiment, the discussion regarding the necessity of adopting an additional investigative activity such as verification of testimony on the site has appeared. The aim of the article is to interpret the Art. 240 of the 2012 Criminal Procedure Code to understand its legal content for clarifying the essence of such an investigative action as an "investigative experiment", to establish the types of experimental actions, to distinguish them from similar investigative actions, to resolve the issue of the feasibility of enshrining in the current Criminal Procedure Code such an investigative action as checking testimony on the scene. In this article, the authors express an opinion about the inexpediency of transferring this Soviet-era debate, which has been going for almost 50 years, to the modern times. The author's position is determined by the conceptual provisions laid down in the 2012 CPC, the essence of which is that testimony is information provided during an interrogation. The CPC of 2012 contains a procedural mechanism by which an investigator, inquirer, and prosecutor can verify previously submitted statements. Such proper legal procedure is an interrogation, which, in accordance with the requirements of the CPC, can be conducted both at the place of the pre-trial investigation and at another place, which determines the inexpediency of unnecessary legislative duplication.

Abstract. Consistent estimates of avalanche size are crucial for communicating not only among avalanche practitioners but also between avalanche forecasters and the public, for instance in public avalanche forecasts. Moreover, applications such as risk management and numerical avalanche simulations rely on accurately mapped outlines of past avalanche events. Since there is not a widely applicable and objective way to measure avalanche size or to determine the outlines of an avalanche, we need to rely on human estimations. Therefore, knowing about the reliability of avalanche size estimates and avalanche outlines is essential as errors will impact applications relying on this kind of data. In the first of three user studies, we investigate the reliability in avalanche size estimates by comparing estimates for 10 avalanches made by 170 avalanche professionals working in Europe or North America. In the other two studies, both completed as pilot studies, we explore reliability in the mappings of six avalanches from oblique photographs from 10 participants and the mappings of avalanches visible on 2.9 km2 of remotely sensed imagery in four different spatial resolutions from 5 participants.
We observed an average agreement of 66 % in the most frequently given avalanche size, while agreement with the avalanche size considered "correct" was 74 %. Moreover, European avalanche practitioners rated avalanches significantly larger for 8 out of 10 avalanches, compared to North Americans. Assuming that participants are equally competent in the estimation of avalanche size, we calculated a score describing the factor required to obtain the observed agreement rate between any two size estimates. This factor was 0.72 in our dataset. It can be regarded as the certainty related to a size estimate by an individual and thus provides an indication of the reliability of a label. For the outlines mapped from oblique photographs, we noted a mean overlapping proportion of 52 % for any two avalanche mappings and 60 % compared to a reference mapping. The outlines mapped from remotely sensed imagery had a mean overlapping proportion of 46 % (image resolution of 2 m) to 68 % (25 cm) between any two mappings and 64 % (2 m) to 80 % (25 cm) when compared to the reference.
The presented findings demonstrate that the reliability of size estimates and of mapped avalanche outlines is limited. As these data are often used as reference data or even ground truth to validate further applications, the identified limitations and uncertainties may influence results and should be considered.

The joined cases NT1 & NT2 present the first claim before the High Court of England and Wales (the Court) on the right to be forgotten, established by the Court of Justice of the European Union (CJEU) in the seminal Google Spain case. Both claimants, NT1 and NT2, had submitted a request for the de-listing of search results related to their prior criminal convictions. This case note considers how the Court was therefore faced with the question how to strike a balance between, on the one hand, the right to privacy, and, on the other hand, the publicity of criminal trials. In deciding upon this question, the Court notably weighed both EU and national law sources. It considered three main criteria: the nature of the offence, the public interest in the disclosure of the information concerned, and the rehabilitation of the claimant. This case note argues that the opposing conclusions reached in either of the joined cases are exemplary of the way these three criteria are embedded in the broader common law understanding of privacy and the concept of rehabilitation after criminal convictions. As regards the first criterion, on the nature of the offence, the joined cases suggest that if the offence does not involve dishonesty or is old and 'not serious', there is a greater chance that the Court does not consider it necessary for the information to remain public. As regards second criterion, on the public interest, it appears that if the claimant is active in public life in a manner related to the offences, this enhances the public interest in the information. Regarding the third criterion, on rehabilitation, it appears that the Court attaches great value to the concept of remorse for past convictions. The case note embeds these judicial considerations in the emphasis on 'privileged principles of open justice' in the English and Welsh common law jurisdiction, which have inhibited the post-war revolt to develop a strong right to privacy in civil law jurisdictions on the European continent. Finally, the case note reflects on post-Brexit data protection standards in England and Wales. Whilst assessing that courts will not be able to easily dismiss the relevance of CJEU case law on data protection, the case note identifies several stumbling blocks to lasting EU-UK equivalence on data protection laws and concludes that if anything, Brexit will diminish legal certainty for citizens and data subjects in England and Wales.

Tujuan penulisan karya tulis ini untuk mengidentifikasi dan mengkaji bentuk perlindungan hukum terhadap konsumen serta untuk mengetahui tanggung jawab pelaku usaha terhadap konsumen dan penanggulangan terkait dengan adanya kenaikan harga penjualan hand sanitizer akibat penimbunan barang yang dilakukan saat pandemi virus Covid-19. Penulisan karya tulis ini menggunakan metode penelitian hukum normatif dengan pendekatan analisis bahan hukum berupa perundang-undangan (statute approach). Hasil yang dicapai dari penelitian ini menunjukkan bahwa pelaku usaha tertentu yang menaikkan harga penjualan hand sanitizer dengan cara melakukan penimbunan barang tentu tidak sesuai isi dari Pasal 7 Undang-Undang Perlindungan Konsumen, yakni mengesampingkan kewajibannya untuk beritikad baik dalam menjalankan usahanya dan telah melanggar hak-hak yang dimiliki konsumen diantaranya tercantum dalam Pasal 4 Undang-Undang Perlindungan Konsumen sehingga konsumen merasa haknya telah dilanggar karena tidak memperoleh barang dengan harga yang sesuai serta keluhannya tidak didengar atas kenaikan harga hand sanitizer yang menyebabkan harganya sangat tidak terjangkau. Pentingnya penelitian ini dilakukan agar konsumen mengetahui hak-hak yang dimilikinya dan untuk memperoleh kepastian hukum. Kata Kunci: Perlindungan Konsumen, Pelaku Usaha, Tanggung Jawab ABSTRACT The purpose of writing this paper is to identify and examine forms of legal protection for consumers as well as to find out the responsibilities of business actors to consumers and countermeasures related to the increase in the selling price of hand sanitizers due to stockpiling of goods carried out during the Covid-19 virus pandemic. The writing of this paper uses a normative legal research method with an analytical approach to legal materials in the form of legislation (statute approach). The results achieved from this study indicate that certain business actors who increase the selling price of hand sanitizers by hoarding goods are certainly not in accordance with the contents of Article 7 of the Consumer Protection Act, which excludes the obligation to have good intentions in carrying out their business and have violated the rights of consumers including those stated in Article 4 of the Consumer Protection Act so that consumers feel their rights have been violated because do not get goods at the right price and their complaints are not heard over the increase in the price of hand sanitizers which makes the price very unaffordable. The importance of this research is done so that consumers know their rights and to obtain legal certainty. Key Words: Consumer Protection, Business Actor, Responsibility

La garantía de la inviolabilidad del domicilio (art. 18.2 CE) de
acuerdo a la doctrina del TC y el TEDH propone una relación débil entre domicilio
y su destino natural, el desarrollo de la vida privada. Ello posee efectos sobre el
alcance garantista del derecho y la seguridad jurídica. A ello se une el incremento
progresivo de la flexibilidad de la relación entre domicilio y su titular en la jurisprudencia
y la legislación ¿persona física o jurídica¿.
La inviolabilidad del domicilio posee, tradicionalmente, una textura claramente
reaccional. Sin embargo, el TEDH, con apoyo en el art. 8.1 del CEDH ha terminado
por incluir contenidos como el de un medioambiente sano o una habitación efectiva.
Todo ello está forzando, sin duda, elementos del derecho fundamental acogido
en nuestra Constitución.
izilekuaren bortxaezintasunaren bermeak (Espainiako Konstituzioaren
18.2. artikulua), Konstituzio Auzitegiaren eta Giza Eskubideen Europako
Auzitegiaren doktrinaren arabera, harreman ahula proposatzen du helbidearen eta
jomuga naturalaren artean, hots, bizitza pribatua garatzeko lekuan. Horrek ondorioak
eragiten ditu eskubide hori bermatzeko orduan eta haren segurtasun juridikoan.
Gainera, jurisprudentzian eta legedian ¿pertsona fisikoa edo juridikoa¿ geroz
eta malgutasun handiagoa dago helbidearen eta titularraren arteko harremana
finkatzerakoan.
Bizilekuaren bortxaezintasunak, tradizionalki, erreakzio-izaera izan du, argi eta
garbi. Hala ere, azkenerako, Giza Eskubideen Europako Auzitegiak, Giza Eskubideen
Europako Hitzarmenaren 8.1. artikuluaren babesarekin, ingurune sanoa edo
benetako gela bezalako edukiak sartu behar izan ditu. Horrek guztiak, nola ez, eragina
du gure Konstituzioan babestutako oinarrizko eskubide honen elementuetan.
The guarantee of the inviolability of the home (art. 18.2 SC)
according to the Constitutional Court and Europen Court of Human Rights doctrine
suggests a weak relationship between home and its natural aim, the development
of privacy. It does have effects on the more extensive protection of the right and
legal certainty. To that, one must add the progressive increase of the flexibility in
the releatioship between the home and its holder in the case law and legislation
¿ natural or legal person¿.
The inviolability of the home has traditionaly a clear reactional structure.
Nonetheless, the European Court of Human Rights, with support in art. 8.1 of
the European Convention of Human Rights has eventualy included contents as a
healthy environment or an effective living. This is indeed forcing elements of the
fundamental right as it is embraced by our Constitution.

En este artículo se hace un análisis crítico del funcionamiento del Estado Autonómico durante la gestión de la pandemia. Se presta especial atención a la centralización y la descentralización en la restricción de los derechos fundamentales, a la participación de las autonomías en la toma de decisiones, al papel del Consejo Interterritorial del Sistema Nacional de Salud y a la coordinación ejercida por el Estado. Se defiende que en nuestro Estado Autonómico había dos formas, igualmente legítimas, de gestionar la pandemia: centralizadamente a través de la legislación de emergencia o descentralizadamente a través de la modificación de la legislación orgánica sanitaria. En la práctica ni se ha reformado la legislación sanitaria que hubiera permitido una gestión descentralizada sin estado de alarma en un marco de seguridad jurídica ni se ha reformado la legislación de emergencia que permitiera una gestión descentralizada dentro del estado de alarma. Mientras que la gestión centralizada de la pandemia de la primera fase fue conforme a lo establecido constitucional y legalmente, la gestión descentralizada durante la segunda y tercera fase hubiera requerido de reformas legislativas que no se han producido. Las consecuencias han sido la inseguridad jurídica durante la segunda fase y la falta de control político y rendición de cuentas durante la tercera fase. This article makes a critical analysis of the functioning of the Autonomous State during the management of the pandemic. Special attention is paid to centralization and decentralization in the restriction of fundamental rights, to the participation of the autonomies in decision-making, to the role of the Interterritorial Council of the national Health System and to the coordination exercised by the State. It is argued that in our Autonomous State there were two equally legitimate ways of managing the pandemic: centrally through emergency legislation or decentralized through the modification of organic health legislation. In practice, neither health legislation has been reformed that would have allowed decentralized management without a state of alarm in a framework of legal certainty, nor has emergency legislation been reformed to allow decentralized management within a state of alarm. While the centralized management of the pandemic in the first phase was in accordance with the constitutional and legal provisions, the decentralized management during the second and third phases would have required legislative reforms that have not occurred. The consequences have been legal uncertainty during the second phase and the lack of political control and accountability during the third phase.

The essay first of all highlights the difficulties of doctrine in interpreting art. 2 of the legislative decree n. 81/2015, relating to the collaborations organized by the client. The author criticizes the thesis, which considers these collaborations as self-employment relationships, subject to the discipline of subordinate work. In particular, he points out the irrationality of the effects of this opinion and the difficulties it causes in identifying the discipline of subordinate employment relationships applicable to these collaborations. The author also highlights the uncertainties of the jurisprudence regarding the discipline applicable to the collaboration relationships of platform workers. He believes that art. 2 has implicitly qualified these collaborations as subordinate and that this solution guarantees rationality to the legislative system and certainty of the applicable discipline ; El ensayo pone de relieve, en primer lugar, las dificultades de interpretación del art. 2, d.lgs. n. 81/2015, relativo a las colaboraciones organizadas por el comitente. El autor critica la tesis que considera que estas colaboraciones son relaciones de trabajo por cuenta propia, pero sujetas a la regulación del trabajo por cuenta ajena. En particular, destaca la irracionalidad de los efectos de esta opinión y las dificultades que plantea la determinación de las normas de regulación de las relaciones laborales aplicables a dichas colaboraciones. El autor señala también las incertidumbres de la jurisprudencia sobre el régimen normativo aplicable a las relaciones de colaboración de los trabajadores de las plataformas. Por último, considera que el art. 2, d. lgs. n. 81/2015 haya calificado implícitamente estas colaboraciones como subordinadas y que esta solución garantice la racionalidad del sistema legislativo y aumente la seguridad en cuanto a la disciplina aplicable. ; Il saggio evidenzia anzitutto le difficoltà nell'interpretazione dell'art. 2, d.lgs. n. 81/2015, relativo alle collaborazioni organizzate dal committente. L'autore critica la tesi che considera tali collaborazioni rapporti di lavoro autonomo, ma soggetti alla disciplina del lavoro subordinato. In particolare, evidenzia l'irrazionalità degli effetti di tale opinione e le difficoltà che essa determina nell'individuare quali regole di disciplina dei rapporti di lavoro subordinato siano applicabili a tali collaborazioni. L'autore segnala altresì le incertezze della giurisprudenza circa l'apparato normativo applicabile ai rapporti di collaborazione dei lavoratori delle piattaforme. Ritiene infine che l'art. 2, d. lgs. n. 81/2015 abbia implicitamente qualificato queste collaborazioni come subordinate e che questa soluzione garantisca razionalità al sistema legislativo e accresca la certezza in merito alla disciplina applicabile.

During the twentieth century commercial fisheries in NSW had been managed to facilitate jobs and supply of seafood for local and overseas markets. Historically too many licenses had been issued and by the 1990s fisheries management shifted towards preventing overfishing, and a reform of NSW fisheries was commenced through the adoption of share managed fisheries in the Fisheries Management Act (1994). Rock lobster and Abalone fisheries became regulated by catch quotas and shares were in place by 2000, but other share management fisheries did not have catch quotas or equivalent effort restrictions put in place. By the 2000s economic conditions had declined for NSW commercial fisheries, for a mixture of commercial reasons, such as high production costs, and regulatory reasons, including the closure of fishing grounds for recreational fishing havens and marine protected areas. Business certainty was also undermined by the existence of fishing rights that were not often used, but if they were to be used may have resulted in overfishing. Reviews of fisheries management called for improving the economics and sustainability of the Industry through having more direct linkages between shares and limits on catches or effort. After coming to government in 2011 the Liberal National Party Government announced their intention to reform NSW commercial fisheries. This involved moving from the existing system with various forms of regulation on the input side, towards output controls (individual transferable quotas (ITQs), in the form of annual kilogram catch limits) for the fisheries where this was possible, and tighter input controls (individual transferable effort (ITEs), in the form of annual fishing days limits) for multispecies fisheries where output controls were not feasible. This reform came to be known as the Business Adjustment Program (BAP). It was a reform that had been inevitable since the early 2000s, given the NSW Government's commitment to share management embodied in the 1994 Act. It was extremely complex given the nature and the scale of the fisheries involved and the multi-operational patterns of fishers in commercial businesses. This not only posed an issue for government and industry, but also for the team in assessing the many elements of history, equity and other factors in this highly complex adjustment program. In some ways it is too early and simple to say whether the BAP 'worked', as the BAP has raised many issues of equity and process that have been contentious and raised important issues in fisheries and their governance. As is usual with fishery allocations, there are people who are aggrieved for various reasons.