Through the public procurement rules, protection of competition, equality of choice & transparency of the procedure in relationships between the public & private sectors are provided, to the greatest extent possible, in the EU rules. All the contractual relationships between the public & private sectors cannot be subject to strict & formal rules on public procurement primarily due to the special nature of business operations, complexity & duration of the relationships. Concessions or public-private partnerships of a concessionary nature are excluded from the legal regime that applies to public procurement. This paper analyses the contractual relationships of the concessionary nature & the EU efforts for ensuring a certain degree of equal treatment of private partners entering into public-private partnerships. Adapted from the source document.
In this paper, the author gives a detailed critical discussion of the conditions of possibility of the politics &/or ethics of enjoyment such as that conceived by Sade. She begins by discussing the hypothesis advanced by a set of eminent interpretations of Sade's work according to which there is an irreducible antagonism between disruptive passions & social bonds. The central theme of this essay -- that society is rooted in the imperative of enjoyment -- is elaborated on. As a consequence of this discussion, the author turns to the question of the evil inherent to enjoyment. She concludes that the entire project of the politics & ethics of enjoyment is centered on the deculpabilization of passions & enjoyment since, in Sade, the evilness of enjoyment is imputed to Nature. It could thus be said, argues the author, that Nature is Sade's "symptom," denouncing in this way that Sade, the theorist of enjoyment, is unable &/or unwilling to assume the evilness of enjoyment. Adapted from the source document.
The special legal nature of the concession contract (as one of the legal transactions) which represents a legal framework where the public & private interests meet (two parties cooperate for mutual benefit) is characterized by intertwining of general rules of obligation law & special legal institutes that originate from the sphere of public law. The legal nature of the contractual relationships that arise between administrative & private entities requires special regulation of individual institutes that should reflect the public interest as an important guiding principle for concluding these contracts, & a special legal position of a public law entity as a holder of this public interest. Despite adoption of the new Public-Private Partnership Act in the legislative regulation of the concession contract that still remains variously regulated in previously adopted special provisions of sectoral laws, there are still some deficiencies & dilemmas that are more or less effectively dealt with in the contractual practice. For the legal positions that are classically civil at first sight, the legislator or court practice have laid down special modified rules of civil law in most developed countries. In the course of time, these rules became part of public law/administrative law. Thus, the French legal order has best developed the rules of the public contractual law & the legal institute of the administrative contract that the Slovenian administrative theoreticians try more & more to introduce also into our legal order. References. Adapted from the source document.
A concise characterization of the political-administrative system of the Greek Republic with an emphasis on its decentralized nature & territorial division/composition. It begins with basic information about the state, including official name, government type, territorial units, total area, population, population density, capital city, EU membership, official language, & currency. The synopsis describes briefly: (1) the historical foundation & constitutional basis of the state, (2) the government structure: the division between the legislature (a unicameral parliament), the executive branch, & the judiciary; the composition, election/appointment, & functions/powers of each; the term, election, & powers of the president, (3) regional & local governments, (4) division into regions, departments, & communes, & (5) local government structure (regional council, general secretary of the region, municipal council, & the office of mayor). Adapted from the source document.
Abstract. The article addresses the question of the role of the state in the protection of human rights and freedoms. Like states, rights and freedoms are also created on the basis of social conventions, and any reference to the universal nature or natural character of rights and freedoms is only an ideological moment in the pursuit of political goals. The basic prerequisite for the protection of rights and freedoms is the establishment of organised coercion in the form of state power which brings under its authority the multitude of different interests and diverse ways of implementing justice. The conclusive findings show that for its successful introduction into the lives of individuals, the moral discourse of universal human rights and freedoms needs effective state authority that embeds these rights and freedoms into the foundations of the legitimacy of its own existence. Keywords: Constitutionalism, the state, human rights and freedoms, Leviathan, Thomas Hobbes
Agamben's paradoxical treatments of potentiality seem to leave little room for any robust theory of the subject, political or otherwise. His Aristotelian conception of potentiality entails, in the highest instance, "that potentiality constitutively is the potentiality not to (do or be)," which suggests that even if potential is realized, it is realized only by its lack of activity. Agamben's Aristotelianism is a thread that runs throughout his work, and by looking back to The Man Without Content, particularly his discussion of Marx, it is clear that the framework of potentiality means that it is impossible for him to see in Marx anything other than an odd combination of a "metaphysics of will", and man simply as a kind of natural, living being. This in turn shapes his later discussion in Homo Sacer of the entry of zoe into the polis, which founds Agamben's entire claim vis-a-vis bare life. His wager, namely that the question "In what way does the living being have language?" corresponds exactly to the question "In what way does bare life dwell in the polis?", equates the living being with its political, linguistic, and natural potentialities so completely that there seems to be no room for any kind of historically anomalous or collectively unprecedented subject, one that would break with history or disrupt everyday order. Agamben's work could easily be criticized from the standpoint of a Marxism that would stress the constructed nature of human potential and the necessity to think through forms of organization from within shifts in the nature of work. However, in order to stay closer to Agamben's Aristotelianism, it is far more productive to compare him to a thinker for whom questions of linguistic capacity and politics are also central, and also stem from a certain complex relation to naturalism, namely Paolo Virno. This paper will thus, via a careful reading of Agamben's Aristotelian conception of praxis and potentiality alongside Virno's work on the relation between language and labor, demonstrate the constitutive reasons why Agamben cannot consider any kind of substantial notion of the subject, and why Virno's more nuanced conception of capacity, which draws upon both rationalist and naturalist theories of the subject might constitute a more relevant alternative. Adapted from the source document.
Abstract. The Covid-19 crisis that hit the USA especially hard was accompanied by intensified anti-Chinese racism fuelled by the anti-Chinese rhetoric used by the Trump Administration. Although Trump's political opponents blamed him for having mismanaged the pandemic response, the anti-Chinese stance was a bipartisan issue. The article aims to analyse anti-Chinese racism in its systemic and historical dimensions. It examines the nature and strategic utility of antiChinese racism for past, the Trump, and future administrations as well as for America's elites generally. It is shown that anti-Chinese racism was substantially transformed during the pandemic and above all utilised to address the general destabilisation of the US-dominated socio-political and socio-economic order both at home and globally. China's growing importance around the world and the potential domestic destabilisation of the US mean that the strategic utility of anti-Chinese racism may well remain important for some time to come. Keywords: Covid-19 crisis, Trump's presidency, antiChinese racism, systemic racism, foreign policy
Abstract. This research aims to give insight into the processes of public interaction between the police and antigovernment protesters during the Coronavirus Crisis in Poland by evaluating crowd control mechanisms. It addresses the research question: where does the model of anti-government protest policing developed by the Polish Police during the Covid-19 pandemic lie on a continuum of antinomic ideal types of escalated force and negotiated management? The research is embedded in studies on protest policing and draws on an intertextual qualitative analysis of police statements and media news. It shows that the policing of protests was closer to escalated force. However, a hybrid model was involved that combined elements of coercion and negotiation. In terms of protecting the right to freedom of peaceful assembly and police tolerance for community disruption, this particular form of policing is close to escalated force. Still, the communication between the police and the assembly participants, the extent and manner of the arrests closely mirrored both models. One dimension, the extent and nature of the force used, indicated negotiated management. Keywords: protest policing, contention, contentious politics, de-democratisation, Coronavirus Crisis, Poland
Identity of people with dementia: Opportunity for empowerment Human identity is dynamic, fleeting, and changeable and is formed in social contexts. People with dementia are considered a vulnerable group with a less stable identity due to the nature of the disease, often causing their individuality to be disregarded. Systematic review of the literature shows that the living and social environments play an important role in the consolidation, maintenance, and reconstruction of the identity of people with dementia. Interactions of people with dementia with their living and social environments enable them to learn new strategies for expressing their identity, while social capital remains a valuable source of power in the process of identity expression, consolidation, or reconstruction. The narratives of people with dementia contribute to the preservation of their personal identity and enable reviving memories. The opportunity to share experiences and participate in social interactions serves as recognition of their uniqueness and provides them a sense of worth and value. People with dementia want to participate and engage in activities, as many are an essential building block of their identity. Successful completion of activities also helps maintain a positive self-image and experience their own worth.
The need for legal regulation of essential local community relations derives from the nature of these relations, because vital conditions for life & work are regulated in a local community. In a locally conditioned form of association of people, the relative stability & predictability of relationships, which present a potential conflict of interest, can be achieved through the legal institutionalization of citizens' communication. The necessity for rationalizing the legal regulation of social relations has been emphasized lately. These trends need to be followed also in legal defining of regions. A detailed normative definition & over-organization of local self-government & performing governmental functions represent an obstacle to the implementation of authentic interests of local residents. The very satisfaction of the common needs & interests of the population in the future region represents a functional element in the legal image of the regional self-government. This image includes also territorial & organizational components. From this point of view, it is necessary to very carefully analyze the new Article 143 of the Constitution of the Republic of Slovenia that allows starting establishing regions as a second level of local self-government. In adopting acts that define system frameworks of regions, particular attention needs to be paid to the process of forming regions, to their financing & to delegating some tasks from the state competence to regions. References. Adapted from the source document.
Geographers play an important role in the announced & expected reform of the political & institutional system by introducing a second tier of local self-government. Their role is not only associated with preparing an appropriate subdivision of Slovenia into functionally closed areas, but also, considering contemporary social causal links between forming the regions & regional development, the effects of the polycentric settlement network layout & the decentralization of public institutions. The paper derives from an assumption that decentralization of institutions plays an important role in overcoming regional disparities. Together with appropriate organization, decentralization of institutions allows more efficient utilization of development potential. In contemporary development policy, institutions are a decisive instrument. In addition to technical innovations & a creative environment, institutions stand out as an impulse & central support point, for harmonious social development. This paper is clearly of a theoretical nature. It deals with the role, effects & consequences of the decentralization of institutions as an instrument for balanced sustainable regional development. The factors, which have an impact on the success of regionalization in a function of decentralization policy, are analyzed They are: especially formation of clear political & legal frameworks for starting the reform process, a clear indication of powerful and, if possible, interdepartmental responsible persons for management & coordination of the decentralization process, forming the concept of decentralized regionalization of Slovenia that aims at an even distribution of tasks & responsibilities such as clear forms of mutual (horizontal & vertical) coordination & mutual reciprocal inspections between different regional & state levels, an outline of state-level transfers where individual administrative & legal steps mean transfer of financial & personal competences & equipment to the participants in regional communities, & finally, measures for providing professional qualification of institutions in decentralized regional associations for taking on new tasks. Figures, References. Adapted from the source document.