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Pabėgėlių integracijos Lietuvoje administracinio teisinio reguliavimo veiksmingumas ; Efficiency of administrative legal regulatory for integration of refugees in Lithuania
Law and Management Master's theme is relevant, as Lithuania's legal status of refugees and their integration into the legislative framework has been and is continuously changed, so there is a need to ascertain whether the Lithuanian legislation ensures the integration of refugees into the Lithuanian society. Integration of refugees in Lithuania questions dealt with various aspects of the scientists: Jakulevičienė No. (Formerly Vysockienė) Biekša L. Tamutienė, I., E. Šuopytė, Zaleskienė I., Banevičienė J. O. Užkurienė and others, but the integration of refugees in Lithuania the legal regulation of administrative efficiency, insufficiently studied. The research problem is related to the fact that it is necessary to determine whether the integration of refugees in Lithuania in implementing the legal regulation of administrative practice, it is effective enough? Research object - integration of refugees in Lithuania administrative legal regulation. Master's goal - discovery of the administrative integration of refugees in Lithuania regulatory effectiveness by examining the challenges of integration, integration of best practices and discuss options for improving integration. The study: integration of refugees understood in Lithuania and its administrative and legal concept of regulatory efficiency, integration of refugees to reveal the peculiarities of legal regulation in Lithuania and Lithuania to discuss the integration of refugees in the legal environment for assessing effectiveness principles of integration of refugees in Lithuania to examine the legal regulation of administrative best practices and integration of refugees in Lithuania administrative regulatory efficiency improving the opportunities for a qualitative study interviewed five IT experts working in the field of integration. The specific results of the work related to the fact that the theoretical and qualitative studies, which helped formulate three conclusions of the investigation, after endorsing the hypothesis that the integration of refugees in Lithuania administrative legal regulation implementing it in practice is not sufficiently effective. The study highlighted the integration of refugees in the administrative efficiency of the regulatory issues and formulate proposals to address them 5. The results will be used, and a communication by reading it in 2011 March. At the end of the scientific - practical conference in Klaipeda. The paper consists of six parts: introduction, a chapter on integration of refugees in Lithuania administrative regulatory efficiency concepts in Chapter 2 of the integration of refugees in Lithuania peculiarities of legal regulation and legal environment performance evaluation in Chapter 3 of the Refugee Integration of best practice regulatory impact on administrative efficiency gains, the findings and suggestions. The literature of paper consists of 64 entries.
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Pabėgėlių integracijos Lietuvoje administracinio teisinio reguliavimo veiksmingumas ; Efficiency of administrative legal regulatory for integration of refugees in Lithuania
Law and Management Master's theme is relevant, as Lithuania's legal status of refugees and their integration into the legislative framework has been and is continuously changed, so there is a need to ascertain whether the Lithuanian legislation ensures the integration of refugees into the Lithuanian society. Integration of refugees in Lithuania questions dealt with various aspects of the scientists: Jakulevičienė No. (Formerly Vysockienė) Biekša L. Tamutienė, I., E. Šuopytė, Zaleskienė I., Banevičienė J. O. Užkurienė and others, but the integration of refugees in Lithuania the legal regulation of administrative efficiency, insufficiently studied. The research problem is related to the fact that it is necessary to determine whether the integration of refugees in Lithuania in implementing the legal regulation of administrative practice, it is effective enough? Research object - integration of refugees in Lithuania administrative legal regulation. Master's goal - discovery of the administrative integration of refugees in Lithuania regulatory effectiveness by examining the challenges of integration, integration of best practices and discuss options for improving integration. The study: integration of refugees understood in Lithuania and its administrative and legal concept of regulatory efficiency, integration of refugees to reveal the peculiarities of legal regulation in Lithuania and Lithuania to discuss the integration of refugees in the legal environment for assessing effectiveness principles of integration of refugees in Lithuania to examine the legal regulation of administrative best practices and integration of refugees in Lithuania administrative regulatory efficiency improving the opportunities for a qualitative study interviewed five IT experts working in the field of integration. The specific results of the work related to the fact that the theoretical and qualitative studies, which helped formulate three conclusions of the investigation, after endorsing the hypothesis that the integration of refugees in Lithuania administrative legal regulation implementing it in practice is not sufficiently effective. The study highlighted the integration of refugees in the administrative efficiency of the regulatory issues and formulate proposals to address them 5. The results will be used, and a communication by reading it in 2011 March. At the end of the scientific - practical conference in Klaipeda. The paper consists of six parts: introduction, a chapter on integration of refugees in Lithuania administrative regulatory efficiency concepts in Chapter 2 of the integration of refugees in Lithuania peculiarities of legal regulation and legal environment performance evaluation in Chapter 3 of the Refugee Integration of best practice regulatory impact on administrative efficiency gains, the findings and suggestions. The literature of paper consists of 64 entries.
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The judicial review of evaluations in public french law ; Le contrôle juridictionnel des évaluations en droit public
Traditionally studied in administrative and politic sciences, evaluations are also an interesting object for law study, especially for public law. Indeed, in France, most of evaluations arc integrated in legislative or administrative procedures. If legal works dedicated to evaluations multiply, the issue of its possible judicial review is not often addressed by authors. Y et, the implementation of an unified judicial review of the evaluations would answer to the unity of the legal category they arc related to : non contentious expertises. Furthermore, only the judge can intervene on the texts related to the evaluations, the evaluations themselves and the decisions based upon thein. This specificity would allow him to address some of the legal, sociologic and politic nefarious effects that evaluation bas on institutions and people. If it were adapted to the informative ant technic nature of the evaluation, a control of the regularity of evaluations and a control of the use of evaluations even regular by deciders could prevent some excesses caused by the rationalization of public decisions. This control is latent in the jurisprudence of the administrative and constitutional judges. But this control must not be overestimated. The unification here proposed will note settle all the difficulties raised by the practice of evaluation. The judicial review is only one of the possible answers that can be brought to the new challenges surrounding the proliferation of evaluations. ; Traditionnellement étudiée en science politique et en science administrative, l'évaluation est aussi un objet de recherche intéressant en droit, notamment en droit public. En effet, en France, la plupart des évaluations réalisées s'intègrent dans des procédures parlementaires ou administratives. Si les travaux juridiques consacrés à l'évaluation se multiplient, la question de son éventuel contrôle juridictionnel retient peu les auteurs. Or la mise en place d'un contrôle unifié de l'évaluation répondrait à l'unité de la catégorie juridique dont ...
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Position of the Regional Representative Board of the Republic of Indonesia in Indonesian Administrative System
The Regional Representative board of the Republic of Indonesia is one of the state institutions mentioned in the 1945 Constitution of the Republic of Indonesia. Although it has high legitimacy, it is not comparable with its authority. The position of the Indonesian Regional Representative Board (DPD RI) does not have authority in the legislative function, although it is limited to submitting and discussing certain draft laws that have been proposed, as well as in terms of supervision which is limited to supervising the implementation of certain laws and discussing and provide consideration of the results of its supervision to the House of Representatives (DPR). The ideal idea to strengthen the position of the Indonesian Regional Representative Board from experts, as well as from the results of the analysis of the author is carried out the fifth amendment to the 1945 Constitution of the Republic of Indonesia, one of which is in terms of its authority so that it is equal to the authority of the House of Representatives, which can participate in deciding the draft law related to its authority following Article 22D of the 1945 Constitution of the Republic of Indonesia. Besides that, so that the Indonesian legislative body can adopt strong bicameralism, unperfect bicameralism.Keywords: Position Regional Representative board of the Republic of Indonesia Bicameral system, and the rule of lawDewan Perwakilan Daerah Republik Indonesia merupakan salah satu lembaga negara yang disebutkan dalam Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. Meskipun memiliki legitimasi tinggi, namun hal tersebut tidak sebanding dengan kewenangan yang dimilikinya. Kedudukan Dewan Perwakilan Daerah Indonesia (DPD RI) tidak mempunyai wewenang dalam fungsi legislasi, meskipun hanya sebatas mengajukan serta membahas rancangan undang-undang tertentu yang telah diajukan, begitu pun dalam hal pengawasan yang hanya sebatas mengawasi terkait pelaksanaan terhadap undang-undang tertentu dan membahas serta memberikan pertimbangan hasil pengawasannya ke Dewan Perwakilan Rakyat (DPR). Gagasan ideal untuk memperkuat Kedudukan Dewan Perwakilan Daerah Indonesia dari para ahli, maupun dari hasil analisis penulis adalah dilakukan amandemen kelima Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, salah satunya yaitu dari segi kewenangannya agar setara dengan kewenangan Dewan Perwakilan Rakyat, yang dapat ikut memutuskan rancangan undang-undang yang terkait dengan kewenangannya sesuai Pasal 22D Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. Disamping itu juga agar lembaga legislatif Indonesia dapat menganut lembaga perwakilan kuat (strong bicameralism), bukan yang sempurna (perfect bicameralism).Kata kunci: Kedudukan DPD RI, Sistem Bikameral, dan Negara Hukum
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Qualita della democrazia, 'rule of law' e capacita amministrativa: l'Italia nella crisi economica globale
In: Italian Political Science Review: Rivista italiana di scienza politica, Band 42, Heft 2, S. 247-269
ISSN: 0048-8402
This article examines the influence of the global financial turmoil on administrative capacity considered within the framework of the quality of democracy. In fact, administrative capacity is a significant component of the rule of law. However, laws consistent with a high democratic quality but deprived of a fair, transparent, efficient and impartial apparatus devoted to implementing them determine a rule of law broad, but shallow. By tracking the reaction to the economic crisis in Italy, this article tests the hypothesis suggested by Dunsire and Hood that episodes of financial austerity invest public administration following a specific sequence of events. The empirical analysis shows that the sequence triggered in Italy by the 2008 crisis has been shaped and constrained by the level of implementation of the different repertoires of responses to the 1992 crisis. The findings reveal that the current crisis has encouraged the adoption of transversal measures aimed at freezing public expenditure while the attempts of bureaucratic modernisation have been sidelined. Consequently, the financial turmoil has negatively affected the Italian administrative capacity. Adapted from the source document.
Provincial justice: Upper Canadian legal portraits from the Dictionary of Canadian biography
In the formative years of Ontario's history, the law loomed large, as a profession, a preoccupation of legislators, a subject of debate and controversy, and a force that many citizens found themselves up against. Robert Fraser has drawn from the pages of the Dictionary of Canadian Biography the stories of sixty people who played a key role in the legal history of Upper Canada.Told in a readable style that has been much praised, these profiles contain information that bears the authoritative stamp of the DCB volumes from which they come. They add a valuable personal dimension to Ontario's legal history.
Cartel Criminalisation and Due Process: The Challenge of Imposing Criminal Sanctions Alongside Administrative Sanctions within the EU
In: (2013) 64(2) Northern Ireland Legal Quarterly 143
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The lawyers who made America: from Jamestown to the White House
"No other nation's creation, both politically and socially, owes such a debt to lawyers as the United States of America. This book traces the story of that creation through the human lives of those who played important parts in it: amongst others, of English lawyers who established the form of the original colonies; of the Founding Fathers, who declared independence and created a Constitution; of Abraham Lincoln, Woodrow Wilson, Justices of the Supreme Court and finally Barack Obama. Even Richard Nixon features, if only as a reminder that even the President is subject to the law. The author combines his wide legal experience and engaging writing style to produce a book that will enthral lawyers and laymen alike, giving perhaps a timely reminder of the importance of the rule of law to American democracy."
PUBLIC LAWYERS AND PUBLIC ADMINISTRATORS: PROSPECTS FOR AN ALLIANCE?
In: Public administration: an international journal, Band 64, Heft 2, S. 173-188
ISSN: 1467-9299
There is in Britain a longstanding gulf between the study and practice of public administration on the one hand, and the study and practice of public law on the other. This state of affairs contrasts sharply with the situation in many other countries of Western Europe, where public administration is underpinned by well‐developed systems of administrative law. Recent procedural and substantive developments in the field of judicial review of administrative action, together with intensification of debate about constitutional issues, such as the desirability of enacting a new Bill of Rights, have increased the urgency of improving communications and collaboration between these two cognate areas of activity. The burgeoning literature of public law, and the law reports of cases in this subject‐area, constitute a potentially invaluable quarry of source‐material for students of British public administration.
Emissions trading for households?:A behavioral law and economics perspective
In: Woerdman , E & Bolderdijk , J 2017 , ' Emissions trading for households? A behavioral law and economics perspective ' , European Journal of Law and Economics , vol. 44 , no. 3 , pp. 553–578 . https://doi.org/10.1007/s10657-015-9516-x ; ISSN:0929-1261
This is the first research article on expanding emissions trading in the EU to households in which law and economics is explicitly and systematically combined with behavioral science. The goal of the article is neither to plead in favor nor against emissions trading for households, but rather to provide an analysis of such a scheme. To that end, the article gathers relevant theoretical insights and discusses how established empirical findings can be used to design a potentially workable scheme. The analysis not only presents an overview of possible economic and behavioral barriers, but also creates a feedback to its institutional design by presenting possible solutions to overcome them. Downstream allocation creates a more direct and visible carbon incentive, whereas administrative costs can be reduced by concentrating monitoring and enforcement upstream. Behavioral acceptance can be boosted via strategic communication, for instance by stressing that emissions trading is both effective (emissions are capped) and fair (those who emit less, pay less). Energy conservation can be stimulated by frequently sending updates to households of their carbon transactions to make the consequences of their behavior more noticeable. Whether these necessary conditions are also sufficient to ensure political acceptance remains an open question.
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Globalization and the Environment: Why all the Fuss?
The relationship between globalization and environmental policies presents more nuances than the popular paradigm of free trader versus self-serving protectionists, the familiar model of environmentalist battling greedy polluters, or the outmoded view of a progressive multilateral agenda juxtaposed against a parochial, inward-looking domestic one. This piece sets out a structural and analytical framework for addressing the major issues in the field -- including (1) unilateral trade-based measures to protect the environment; (2) science-based tests applied through trade agreements; (3) disciplines on foreign investment that may have a "chilling effect" on environmental regulation; and (4) the relationship between free trade agreements and multilateral environmental agreements. The implications for domestic law in the United States, including federal administrative law and federal-state relations, are also examined.
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Digital Currencies Trading under Polish and EU Public Law
In: Adam Mickiewicz University law review: Przegląd prawniczy Uniwersytetu im. Adama Mickiewicza, Band 8
Digital currencies are a worldwide phenomenon gaining an increasing interest among investors, economists and legal scholars. They are used mainly as a new mean of ex-change and as a new way of investing funds, since the rapid changes in their value allow to gain extraordinary profits. Up to this point the legal status of digital currencies has not been clearly established under neither Polish nor EU public law, although some of the existing regulations may be indirectly applied to them. Under current regulations digital currencies cannot be treated as a legal mean of payment, as an electronic money nor a financial instrument. Creation of a complex regulation regarding digital currencies and granting administrative authorities supervisory powers over their trade seems to be necessary. Because of the evolution of financial markets, classifying digital currencies as financial instruments is a possible way of regulating their trade.
Disclosing 'Political' Oversight of Agency Decision Making
Scholars and courts have divided views on whether presidential supervision enhances the legitimacy of the administrative state. For some, that the President can supervise administrative agencies is key to seeing agency action as legitimate, because of the President's accountability to the electorate. Others, however, have argued that such supervision may simply taint, rather than legitimate, an agency action. The reality is that presidential supervision of agency rulemaking, at least, appears to be both significant and opaque. This Article presents evidence from multiple presidential administrations suggesting that regulatory review conducted by the White House's Office of Management and Budget is associated with high levels of changes in agency rules. Further, this Article documents the comparative silence regarding the effect of that supervision. The Office of Management and Budget and the agencies generally do not report the content of supervision by presidential offices. They also do not report whether a particular agency decision is consistent with presidential preferences. Silence about content, this Article suggests, threatens to undermine the promise of presidential influence as a source of legitimacy for the administrative state. This Article then argues for greater transparency. Agencies should be required to summarize executive influence on significant rulemaking decisions. Such an ex ante disclosure regime is superior to proposals that judges be more receptive to political reasons in reviewing a particular agency action. Finally, this Article suggests that while some, but not all, political reasons for agency action are legitimate, only a more transparent system-one that facilitates public dialogue and accountability to Congress-can fully resolve the question of which reasons are legitimate and which are not.
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A brief analysis of the "Administrative Responsibility of Legal Persons" regulated in Law Nº. 30424 ; Un breve análisis de la "Responsabilidad Administrativa de las Personas Jurídicas" regulada en la Ley Nº 30424
On April 1, 2016, Law N° 30424 was published in the Official Peruvian newspaper "ElPeruano", which regulates the administrative responsibility of legal entities that later on July11, 2018 was modified by Law No. 30835, which widens the crimes foreseen by the first Law.The interview has the purpose of giving a general panorama on the matter, through a briefanalysis on the norm made by the Spanish Bernardo Feijoo Sánchez. ; El 01 de abril de 2016, se publicó en el Diario Oficial "El Peruano", la Ley N° 30424 la cualregula la responsabilidad administrativa de las personas jurídicas que posteriormente tuvomodificaciones legislativas. La entrevista tiene la finalidad de otorgar un panorama generalal respecto a través de un breve análisis sobre la norma realizado por el español BernardoFeijoo Sánchez.
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