Suchergebnisse

This dissertation reports on the research into Surinamese constitutional law during the military administration between 1980 and 1987. During this period of martial law there was neither an elected parliament nor any other form of authority with parliamentary legitimacy in Suriname. The research into the military administration is predominantly normative research into the formal constitutional arrangement of the Surinamese state during the 1980-1987 era. During the military period, historically developed principles and requirements of the rule of law and democracy were discarded either completely or in part, with some being completely absent and others remaining intact. This turnaround also brought about a fundamental change in the administrative structure and laws of Suriname. In addition, new legal institutions were added to the judicial system.During this period, the then ruling political powers argued that Suriname remained a constitutional democracy and that martial law was only a necessity under the circumstances. To assess to what extent there was democratic rule as well as the justification of the use of martial law, a study was conducted into the theoretics of constitutional democracy and martial law. States often are described as constitutional democracies; however, around the world there are differences as regards to what extent. To measure the degree of democracy, it is tested against internationally recognized frameworks enshrined in international conventions, treaties and doctrines. Theories on the subject of the constitutional democracy and martial law have been developed and fine-tuned over the years. In this research, such theories were applied in order to answer the main question as well as the key questions:How was the setup of the Trias Politica during the 1980 – 1987 military administration?Based on the main question key questions were formulated, namely: 1.How were the three powers arranged?2.What authorities were bestowed upon them?3.How did the three powers relate to each other?4.To what ...

Third-country nationals can use regulation 1231/10 to invoke regulation 883/04, However, the territorial limitation imposed by regulation 1231/10 still limits third-country nationals. The main issue is that regulation 1231/10 is restricted to EU territory. Outside of the EU, any requirement regarding equal treatment in accordance with regulation 1231/10 is not applicable. Decision 3/80, the European Convention on Social Security, the Dutch-Turkish social security treaty and ILO Treaty 118 also consider facts outside of the EU, as demonstrated by figures of the Employee Insurance Agency and Social Insurance Bank. Relevant facts outside of the EU include for example the periods of time third-country nationals lived and worked in third countries and the export of benefits to these countries. My proposal to conclude new treaties with third countries on the EU level was discussed in the context of the four analysed coordination schemes. In the discussion, I have researched what possibilities exist to include the techniques of the involved schemes in treaties with third countries, to address those exact issues faced by third country nationals as a result of the limited territorial scope of regulation 1231/10. In addition to facing possible issues because the territorial scope is limited to the EU, third-country nationals also face issues from regulation 1231/10 resulting from the requirement that a third-country national must be in a situation which is not confined in all respects within a single EU Member State. We have seen that the analysed coordination schemes do not require the cross-border movement between at least two EU Member States before involved persons can call upon the concerned coordination schemes. With respect to these coordination schemes, it suffices that the involved persons move from one treaty country to another. This is therefore not limited to just EU Member States. There are no relevant objections for cancelling the requirement that third-country nationals as a result of regulation 1231/10 ...