Healthcare Without Frontiers and National Control Through Prior Authorisation Schemes in Europe – Legal Framework and Practical Implications

2014 ◽  
pp. 253-264
Author(s):  
Eva Maria Hohnerlein
Keyword(s):  
Legal Framework ◽  
Prior Authorisation ◽  
Practical Implications ◽  
National Control

scholarly journals Distributed generation of photovoltaic solar energy: impacts of ANEEL`s new regulation proposal on investment attractiveness

2021 ◽  
Vol 14 (2) ◽  
pp. 423-442
Author(s):  
Diego Silva Cardoso ◽  
Pedro Sartori Locatelli ◽  
Wanderley Ramalho ◽  
Nader Asgary
Keyword(s):  
Solar Energy ◽  
Distributed Generation ◽  
Energy Generation ◽  
Legal Framework ◽  
Government Policies ◽  
Solar Irradiation ◽  
Industrial Plant ◽  
The Subject ◽  
Photovoltaic Solar Energy ◽  
Practical Implications

Purpose – The production of photovoltaic solar energy has gained international prominence, being the subject of government policies aimed at its development. The purpose of this study is to analyze the profitability of a shared photovoltaic solar energy project, located in the national territory, resulting from changes in regulatory framework of the sector represented by different tariff levels.Design/methodology/approach – It is a quantitative study based on corporate finance as its theoretical-conceptual substrate. Simulations were carried out using different energy price and tariff scenarios.Findings - The results reveal that, under current conditions, distributed photovoltaic solar energy generation is financially very attractive to investors. In addition, it was found that significant changes in the tariff regime for this type of energy might prevent new investments in the segment. Practical implications – The evidence suggests caution in changing the legal framework of a segment that is still incipient in the country, which generates clean and renewable energy, and with enormous growth potential.Originality/value - The study presents, in a systematic way, the possible impacts of changes in the price and tariff scenarios on the attractiveness of investment in the distributed generation of photovoltaic solar energy generation. In this sense, it can be easily adapted to evaluate industrial plant projects of different sizes in regions with distinct levels of solar irradiation.           

Need to pioneer Islamic tourism in tourist resorts in Maldives

2019 ◽  
Vol 11 (4) ◽  
pp. 895-916
Author(s):  
Aishath Muneeza ◽  
Zakariya Mustapha ◽  
Fathimath Nashwa Badeeu ◽  
Aminath Reesha Nafiz
Keyword(s):  
Design Methodology ◽  
Secondary Data ◽  
Legal Framework ◽  
Tourism Industry ◽  
Qualitative Approach ◽  
Financing Structure ◽  
Content Type ◽  
The Subject ◽  
Practical Implications ◽  
Insight Into

Purpose The purpose of this paper is to formulate ways in which Maldives could pioneer Islamic tourism on a befitting framework and financing structure as a leverage to develop its tourism industry. Design/methodology/approach The research uses qualitative approach whereby primary and empirical data on tourism practices as well as relevant laws and guidelines, issued in Maldives and in other Muslim jurisdictions of the Muslim, are analyzed. Doctrinal approach is used in analyzing secondary data on the subject. Findings The research reveals the potential of Islamic tourism in Maldives as well as the challenges that have constrained its development in the country. Certainty is needed in halal products, services and conducts. Codifying extant Maldives Halal Tourism Standards will establish legal framework for a standard Shariah-compliant tourism industry. Islamic financing structure enables mobilizing required funds and address financing constraints. Practical implications This research presents an insight into establishing and developing Islamic tourism industry in the Maldives. Harmonizing tourism regulations with Shariah shall bring about the required consciousness on Shariah compliance in target tourists and their desires. Private individuals can contribute in mobilizing the much needed Shariah-compliant resources to finance Islamic model resorts befitting an Islamic tourism industry. Originality/value The research puts forward proposal that identifies and recognizes a more viable Islamic financing alternative as well as Shariah-compliant regulations to pioneer the development of Islamic tourism in Maldives. The research recommends how to overcome related challenges helps government understand the proposed strategies for establishing Islamic tourism industry.

The implementation of the SADC code on HIV/AIDS and employment in Mauritius: successes and prospects

2020 ◽  
Vol 62 (4) ◽  
pp. 355-364
Author(s):  
Roopanand Mahadew
Keyword(s):  
Legal Framework ◽  
Legal Aspects ◽  
Comprehensive Overview ◽  
Content Type ◽  
Case Study Analysis ◽  
Civil Society Organisations ◽  
African Community ◽  
Practical Implications ◽  
Hiv Aids

Purpose The purpose of this paper is to provide a comprehensive overview of the implementation of the Southern African Community Development (SADC) Code on HIV/AIDS and employment in Mauritius. It focusses on the existing normative framework on HIV/AIDS and employment in Mauritius and the ways in which adopting various aspects of the SADC Code could further bolster the framework for more effective protection of people with HIV/AIDS at the workplace. Design/methodology/approach The methodology used is based on a mix of the legal research method and case study analysis. The SADC Code is analysed, and its application and relevance to the Mauritian context are assessed. Findings The implementation of the SADC Code into the Mauritian legal framework is still at its infancy. Despite being a state party to it, Mauritius has not done much towards the domestication of the Code which explains the incomplete protection of employees with HIV/AIDS at the workplace from discrimination. Practical implications This paper serves as a tool for civil society organisations and other stakeholders to understand the SADC Code and also to engage in a debate related to its implementation in Mauritius. Originality/value There has been dearth of literature on the legal aspects of HIV/AIDS and employment in Mauritius. This paper serves as a platform on which this debate can be initiated and continued.

scholarly journals On the court jurisdiction in case of litigation between entrepreneurs

2019 ◽  
Vol 13 (1) ◽  
pp. 655-662
Author(s):  
Cristina Cojocaru
Keyword(s):  
Supreme Court ◽  
Legal Framework ◽  
Civil Code ◽  
High Court ◽  
Application Of Law ◽  
Territorial Jurisdiction ◽  
Specialized Courts ◽  
The Subject ◽  
The Law ◽  
Practical Implications

Abstract According to the Romanian legislation, the parties may agree in writing that the disputes concerning goods and other rights deriving from the non-performance of the contract be judged by other courts that, according to the law, would have territorial jurisdiction to hear the case, unless the competence of the court is exclusive. By decision no. 18/2016 the Romanian High Court of Cassation and Justice, through the competent division to judge the appeal in the interest of the law, decided that in matters of procedural substantive (material) jurisdiction of the specialized courts, the competence of the specialized courts is determined depending on the object or the nature of disputes such as those considered examples by art. 226 paragraph 1 of Law no. 71/2011 on the application of Law no. 287/2009 on Civil Code. Considering also this decision, the article aims to analyze the practical implications of another recent decision of the Romanian supreme court, namely Decision no. 561/2018, on the competence of the specialized court in litigations between entrepreneurs and, without claiming to cover extensively the subject, to offer a view on the Romanian current legal framework, on the court jurisdiction and the notion of professional, underlining the freedom of entrepreneurs or professionals of choosing the relevant court.

Access to Archives and ICARUS Digital Platforms: Data Protection in Theory and Practice

2019 ◽  
Vol 2 (1) ◽  
pp. 79-95
Author(s):  
Vlatka Lemić ◽  
Keyword(s):  
Data Protection ◽  
Legal Framework ◽  
Theory And Practice ◽  
Political Factors ◽  
Complex Issue ◽  
Digital Platforms ◽  
Archival Material ◽  
Archival Profession ◽  
Practical Implications ◽  
Open Issues

Access to archival material is a complex issue, wider than archival profession and related to legal, administrative and political factors, and increasingly to the IT sector as well. This area is fundamentally regulated by archival legislation, but due to the existence of other relevant regulations with different accessibility approaches, archive regulations and procedures need to be systematically harmonized with current regulations, leading to numerous open issues in the practical work of the archives. In this paper the author presents a European legal framework on the use of information and data protection relating to archival material in the digital environment, and analyses its practical implications through the example of ICARUS's international digital archive platforms.

E-ViVa, the national Hellenic fulltext database on Librarianship and Information Science

2014 ◽  
Vol 48 (4) ◽  
pp. 383-393
Author(s):  
Filippos Tsimpoglou ◽  
Vasiliki V. Koukounidou ◽  
Eleni K. Sakka
Keyword(s):  
Information Science ◽  
Scientific Paper ◽  
Legal Framework ◽  
Content Type ◽  
Open Access Database ◽  
The University ◽  
National Databases ◽  
Practical Implications ◽  
Scientific Fields ◽  
Future Plans

Purpose – The purpose of this paper is to present E-ViVa (Ellinike Vivliothikonomike Vase), the national Hellenic fulltext database on Librarianship and Information Science, developed by the Library of the University of Cyprus. The objectives of E-ViVa are to identify, locate, gather, organize, index, digitize, preserve and promote the results of the research conducted in Greece and Cyprus in the scientific fields of Archival, Library and Information Sciences. Design/methodology/approach – The paper provides data concerning the volume, the coverage, the inclusion criteria, the content, the format and the platform of the database, as well as the steps that have been followed for the development. The legal framework related with the copyright issues that are raised are also discussed. Findings – A comparison is attempted between the coverage of E-ViVa and the relative records included in five subject-related databases: eLIS, LISA, LISTA, ISI-SSCI and SCOPUS. Finally the future plans for the project are presented. Research limitations/implications – Future plans concerning E-ViVa are based on the completeness of the database, the linguistic exploitation of the terms used through time and check of Lotka's law application concerning authors. Practical implications – As the vast majority of the records and fulltext are not provided by any other organized database, E-ViVa emerges as a “must search first” for any future author of scientific paper concerning the situation on librarianship research in Greece and Cyprus. The case of E-ViVa and the methodology that was followed can be used as a pattern for developing national databases on LIS or other fields. Social implications – E-ViVa is offered as an open access database with fulltext. Originality/value – E-ViVa is the only fulltext database on Librarianship and Information Science, which concentrates the related publications produced in or related to Greece and Cyprus.

scholarly journals Artistic Factor in Modern-Day Urban Planning and Design in Lithuania

2017 ◽  
Vol 13 (1) ◽  
pp. 24-31
Author(s):  
Dalia Dijokienė ◽  
Agnė Vėtė
Keyword(s):  
Urban Planning ◽  
Urban Design ◽  
Legal Framework ◽  
Two Dimensional ◽  
Legal Basis ◽  
Planning And Design ◽  
Urban Planning And Design ◽  
Practical Implications

Abstract The issue of city modelling is very essential these days and it is important to analyse the legal framework and its practical implications in the process of city modelling. However, the practice of urban design in Lithuania is based on two-dimensional solutions and the artistic factor is overlooked. The article reviews the legal basis of Lithuanian urban planning and design and their practical implications and emphasizes the necessity of artistic factor during the process of city modelling.

The role of the Palestine monetary authority in combating money laundering

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Husameddin Alshaer ◽  
Muhamad Helmi Md. Said ◽  
Ramalinggam Rajamanickam
Keyword(s):  
Money Laundering ◽  
Legal Framework ◽  
Monetary Authority ◽  
Regulatory Requirements ◽  
Valuable Contribution ◽  
Content Type ◽  
Currency Exchange ◽  
Lending Institutions ◽  
Practical Implications

Purpose This paper aims to highlight the role of the Palestine Monetary Authority (PMA) in combating money laundering. The discussion will focus on the sectors under the PAM authority by examining the issued instructions. Design/methodology/approach The current study is a pure legal study. The methodology used in this paper is the qualitative approach by focussing on the doctrinal mechanism. Thus, it focussed on procedures, processes, laws, and regulations. Findings This paper found serious organisational inefficiencies within the governance framework of anti-money laundering (AML) for both the currency exchange and specialised lending institutions sectors. Moreover, the PMA’s role in combating money laundering is insufficient where its efforts are limited by random inspection visits and the installation of surveillance cameras in the money changers shops. Practical implications The findings may influence both the currency exchange and specialized lending institutions sectors to adopt a more vigilant approach to prevent the occurrence of money laundering in Palestine and to undertake more responsibility in ensuring compliance with the current AML legal framework. The study also highlighted that their current practice might place them in danger of non-compliance. Originality/value The paper demonstrated in, an exceptional way, the role of the PMA in combating money laundering by focussing on both legal and regulatory requirements for the three sectors under the PMA supervision authority. This paper made a valuable contribution to the study of combating money laundering in Palestine, where it is one of the first studies dealing with this issue involving this country.

Resurrecting the Law: State Formation and Legal Debates in Nineteenth-Century Greece

2018 ◽  
Vol 48 (4) ◽  
pp. 629-657
Author(s):  
Evdoxios Doxiadis
Keyword(s):  
Nineteenth Century ◽  
Legal Framework ◽  
Judicial System ◽  
Customary Law ◽  
Practical Significance ◽  
Archival Material ◽  
Modern Greek ◽  
The Creation ◽  
Appeals Court ◽  
Practical Implications

This paper discusses the legal debates of nineteenth-century Greece and the attempts to produce a legal framework following the establishment of the modern Greek state. These debates had both a practical significance since such a framework was essential for the creation of a modern state, and an ideological one since the chosen framework would be a statement about how the new state perceived itself, its history, and its place in Europe. These questions were particularly relevant in the case of civil law as Greek legal scholars contemplated whether to accept the use of customary law, or to reject it, and if so what laws should replace it. In this paper, I examine this debate within the context of European legal developments and the process of codification undertaken throughout Europe from the late eighteenth to the nineteenth centuries, as well as the ideological and practical implications of the debate. I argue that, despite the belief that the efforts of Greek legal scholars led to the elimination of the use of customary law from the Greek judicial system, my research in the archival material of the Appeals Court of Athens indicates that customary law was still dominant a generation after the establishment of the modern Greek state. I conclude that a re-examination of the role and practices of the Greek courts in the nineteenth century is much needed as their flexibility thirty years after the creation of the Greek state is closer to the legal pluralism of the courts of the Ottoman period than to the model advocated by the contemporary legal scholars who demanded a ‘modern’ judicial system to assist the renaissance of the Greek nation.

A legal perspective of current challenges of the Spanish residential rental market

2017 ◽  
Vol 9 (2) ◽  
pp. 108-122 ◽  
Author(s):  
Sergio Nasarre-Aznar ◽  
Elga Molina-Roig
Keyword(s):  
Home Ownership ◽  
Legal Framework ◽  
General Level ◽  
Housing Crisis ◽  
Content Type ◽  
Rental Market ◽  
Legal Perspective ◽  
Housing Bubbles ◽  
Practical Implications ◽  
True Alternative

Purpose This paper aims to explain the main difficulties in the Spanish residential rental market becoming a true alternative to home ownership. Design/methodology/approach Currently, the Spanish rental market only meets temporary housing needs; it is very atomized and lacks professionalism. It does not provide an adequate legal framework to fulfil the parties’ aspirations (i.e. stability, affordability and flexibility for tenants; profitability, security and guarantees to landlords). The analysis of this proposition and the resulting proposal are based on six years of research, which started with the TENLAW European project. Findings Overcoming these constrains is essential to double the rate of residential leases in Spain and get closer to the European average, thus achieving a true diversification of housing tenures and avoiding future housing bubbles. Practical implications The paper makes a series of recommendations to legislators and policymakers to draft an adequate legal framework aimed at increasing the housing rental market share. This is based on the experience of mature tenancy markets in Europe, such as the German, Swiss and Austrian ones. Social implications The new proposed legal framework will help to transform the tenancy model in Spain into a functional one, making it more stable, affordable and flexible, while increasing safety and profitability for landlords. The model is also applicable, on a more general level, to all Mediterranean European countries. Originality/value Rethinking the regulation of tenancies, in a context of housing crisis and unaffordability (still a reality in many European and worldwide countries) has valuable potential for making this type of tenure more popular and for avoiding future housing bubbles.

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