Suchergebnisse

Die ungarische Verfassung behauptet, daß die Richter in ihren Entscheidungen unabhängig und erst dem Gesetz unterworfen sind. In einem anderen Artikel der Verfassung steht noch, daß die Entscheidung für Rechtseinheit vom Obersten Gericht für die unteren Gerichte verbindlich ist. Formalrechtlich sind die Richter frei innerhalb des Rahmens der Rechtsvorschriften aber im realen Rechtsleben sind diese Rahmen durch Dutzende der Präjudizien und der Gerichtsausübungen eingeengt.

This article addresses the problems associated with aircraft noise with or without pilots. It asks whether the administrative measures taken by France and the United Arab Emirates are sufficient and efficient to combat noise pollution. It examines the aeronautical preventive measures, as well as those related to urbanism, before discussing remedial measures for aircraft noise. This article finds that the administrative measures taken by the UAE, in comparison to those of France, are insufficient and ineffective. One of the reasons is that the preventative and suppressive measures reflect the transversal nature of noise: they are both national and international regulations, but they are not homogenous, unitary and structured.
Legislative policies, taking into account expert suggestions and opinions, must emerge in the UAE by following the recommendations on the protection of the environment of international institutions, such as ICAO. Thus, the mitigation measures would be used to redistribute aircraft noise to diminish its impact on the most sensitive areas. This article recommends measures such as modifying runways, as well as routes, and special manoeuvres to reduce noise during take-off and approach.

"Cruelty is a specific kind of human behaviour and has a clearly cultural dimension. It is often the result of passions and drives, accompanied by the breaking of taboos and a crossing of boundaries that cultures have raised to prevent the moral regression of mankind. Cruelty is also a "rational" way to acquire and stabilize political power. Both the atrocities themselves and the accusations of cruelty are instruments of power. The political efficiency of cruelty depends on the fear and awe, which it produces. Seneca regarded cruelty as the main attribute of tyranny. Through its imagery (like the bull of Phalaris) it breaks possible resistance and establishes despotism permanently. In the Middle Ages and Early Modern Times cruelty was considered a necessary evil in order to realize superior positive goals. So did the inquisitors, and so did Machiavelli who regarded cruelty not only as a means to the acquisition and preservation of power. The prince should also use cruelty to unify Italy and to build a stable and peaceful political order. Later, the understanding that cruelties are necessary to achieve good ends did not fall into oblivion, in spite of all criticism of Machiavelli's thought. In totalitarianism the aim of cruelty was not primarily the infliction of pain, but the abolition of individualism and the enforcement of the belief in a general law, which rules mankind. This could be either the law of history like during the French Revolution and in socialist states, or the 'natural law' of social Darwinism in the National Socialist and Fascist regimes. After the breakdown of totalitarianism and the triumph of liberal democracy the question arises, if cruelties are necessary components of all politics. Although we can still find cruel policies in liberal democracies (see Guantanamo Bay), at the same time the struggle against cruelty is vital in these systems and explains the dominance of the discourse on human rights." (author's abstract)

Germany and France offer two different models of political and administrative organisation: a federal state on one side of the Rhine and a unitary state on the other, albeit one that has become more decentralised over the last 40 years. Thus, the French régions have reduced capacities for action compared to the Länder. At the local level, the administrative structure was strengthened in Germany by merging municipalities, whereas France chose to use intermunicipal structures. In contrast to the political and administrative stability in Germany, local and regional organisation in France is constantly evolving, faced with a succession of laws, the pace of which has accelerated over time. The same applies to spatial planning, which has been framed from the outset by the German Grundgesetz (GG - Basic Law), but which has undergone much more evolution on the French side, even if the loi d'orientation foncière (LOF - Basic Land Act) of 1967 and the loi solidarité et renouvellement urbain (SRU - Law on Urban Solidarity and Renewal) (2000) represent two fundamental stages. In both countries, the strategic dimension of planning has been strengthene, and each side has developed its own tools for the management of urban projects.

Controversial constitutional and institutional reforms voted in May 2019 in parliament opened the way for President Gnassingbé to stand for a fourth and fifth term because the law does not apply retroactively. In February 2020, the President won again the disputed presidential elections and thus consolidated his power, assisted by the loyal army and security services. The outbreak of the Corona epidemic in Togo in March and the subsequent economic recession may have contributed to limit popular protest against the Gnassingbé regime. The human rights record of the government has improved, but remains poor. Yet, the international community followed a 'laissez faire' approach in the interests of regional stability. The economy dropped into recession due to the worldwide economic negative effects of the corona-crisis. The democracy index of the Economic Intelligence Unit, London, still rated Togo as an 'authoritarian regime'.

The evolution of city regions and metropolises in both countries illustrates the theoretical debates on this particular geographical object. Political legitimacy, significant autonomy and a 'relevant' territorial area should form the basis of these regions. But there is a long way to go from this theoretical vision to practice. In Germany, a slow and contingent bottom-up process can be observed, whereas in France, following a long history of intermunicipality, institutional metropolises are emerging (MAPTAM law of 2014). Metropolregionen and métropoles thus differ. Germany shows incomplete and variable forms of metropolitan organisation, whereas French metropolises are satisfied with simple criteria of competences and resources. However, these 'intermunicipal' métropoles (one exception: Lyon) can also be compared with the large German cities, which are highly individualised political entities, with the city-states (e. g. Hamburg) being the most extreme cases. Two examples, Frankfurt and Lille, illustrate the comparison.

Controversial constitutional and institutional reforms voted in May in parliament opened the way for President Gnassingbé to stand for a fourth and fifth term (2020 and 2025) because the law does not apply retroactively. The first local elections since more than 30 years resulted in the victory of the ruling party. Grand expectations of the opposition which had hoped for a fundamental change at least at the grass-roots were again dashed. The human rights situation sharply deteriorated due to growing political and social tensions related to the prospects of the head of state running for a fourth term. Islamist terrorist violence spread from Mali to the northern frontier region of Togo. The autonomous deep-water port of Lomé developed as a growth pole and hub for the sub-region. China became the major partner beside the established partners the EU, France and Germany. The informal sector still dominated the economy. Economic freedom remained with the overall status 'mostly unfree'.

There are examinated the aspects of practical realization of the principles of local autonomy and the particularities of the local public administration reform making in the Republic of Moldova. This study also analyses the correspondence between the rules laid down in national legislation on local autonomy and the European standards. The particularities and the consequences of creating the autonomous territorial unit with the special legal status - Gagauzia have been presented. The prerogatives of the People's Assembly of Gagauzia and in particular to adopt the "local laws" have been critically examined. There is no such category of "local laws" under the Constitution, in the Republic of Moldova. The constitutional text expressly provides that the laws can be: constitutional, organic and ordinary. The author mentions the fact that the areas where the Gagauz People's Assembly is empowered to adopt "local law" are regulated by organic laws. One insists on the fact that the local autonomy is a general principle of democratic administrative policy, whose application can not be subject to ethnic or other criteria. Local autonomy serves all citizens, provides more resources, and amplifies the local administration's initiative to improve the living standards. Using the principle of local autonomy as an opportunity to encourage the ethnic autonomy is a prerequisite for separatism and segregation, acts contrary to democratic society.

The practice of cattle rustling, a persistent ancient tradition in the Adamaoua region, has evolved into a major threat, particularly at the borders with Nigeria. This organized criminal phenomenon poses a severe threat to the security of local populations and hinders trade between the two countries. To address this insecurity orchestrated by cattle bandits, the question arises regarding the explanatory dynamics and mechanisms that could manage transborder depredations. The resilience of cattle theft at the Adamaoua-Nigeria border appears linked to the deterritorialization of the threat, transboundary transhumance and the deficit of state governance in its peripheries. In response to this situation, authorities have implemented sovereign easures and bilateral actions within the framework of cooperation with Nigeria, which have proven effective in suppressing the sources of insecurity.