Pouvoir normatif et protection sociale dans les fédérations multinationales

2001 ◽  
Vol 16 (2) ◽  
pp. 137-171 ◽  
Author(s):  
Johanne Poirier
Keyword(s):  
Sense Of Belonging ◽  
Social Protection ◽  
Public Institutions ◽  
Cultural Dimension ◽  
The European Union ◽  
Federal States ◽  
Normative Power ◽  
The Third ◽  
The Social ◽  
The Right

AbstractIn multinational polities, different orders of government are involved in determining the norms of social protection. In this context, this article addresses the question of who does what, how and why. The first section deals with the distribution of normative power concerning social protection in federal states and in the European Union. The second section examines a variety of devices enabling the articulation of shared power. Finally, a third section concentrates on the different functions of normative power in the social domain. The first one is obviously redistributive. Secondly, the exercise of normative power legitimises public institutions of all government levels involved. The third function, which is of particular interest in the context of multinational States (or political spaces such as Europe) consists in the consolidation of citizenship. The solidarity inherent in norms of social protection reflects the sense of belonging to a particular social group, and in this context, the nation. It can also serve to strengthen the sense of belonging to the larger political space, the multinational federation. In complex political structures, the power to establish norms of social protection contributes to the phenomenon of multiple loyalties and overlapping citizenship. Cementing citizenship in such a political context cannot succeed through homogenisation, but must respect the cultural dimension of social protection and the right to be different.

Theories of the food insecurity ‘problem’ and the right to food ‘solution’

2017 ◽  
Author(s):  
Hannah Lambie-Mumford
Keyword(s):  
Food Insecurity ◽  
Food Systems ◽  
Social Protection ◽  
Social Acceptability ◽  
Human Right ◽  
Right To Food ◽  
The Social ◽  
Definition Of ◽  
The Right ◽  
Sufficient Food

Chapter 3 sets out the key theories with which the book engages: food insecurity and the human right to food. Following on from a conceptualisation and definition of food insecurity, the right to food is introduced. Emphasis is placed on normative element of ‘adequacy and sustainability of food availability and access’ and on the state’s obligation to ‘respect, protect and fulfil the right to food’. Theories of ‘othering’ and ‘agency’ are employed to assess the social acceptability of emergency food systems as a means of acquiring food, and the power of providers to make sufficient food available through these systems and of potential recipients to access it. Theories of ‘care’ and ‘social protection’ are employed to explore the ways in which charitable providers are in practice taking responsibility for the duty to respect, protect and fulfil the right to food and how shifts in welfare policy are affecting need for this provision.

scholarly journals Education in the Mais Médicos program: the gap between proposals and implementation

2021 ◽  
Vol 45 (1) ◽  
Author(s):  
Erika Maria Sampaio Rocha ◽  
Thiago Dias Sarti ◽  
George Dantas de Azevedo ◽  
Jonathan Filippon ◽  
Carlos Eduardo Gomes Siqueira ◽  
...  
Keyword(s):  
Rural Areas ◽  
Public Institutions ◽  
Private Institutions ◽  
The Public ◽  
Regulatory Changes ◽  
The Social ◽  
Vacancy Distribution ◽  
The Right ◽  
Institutional Actors ◽  
Distribution Of Physicians

Abstract: Introduction: The scarcity and inequalities in the geographical distribution of physicians challenge the consolidation of the right to health and create migratory flows that increase health inequities. Due to their complex and multidimensional characteristics, they demand multisectoral political approaches, considering several factors related to the availability and area of practice of medical doctors, as well as the social vulnerability of local populations. Objective: This study aimed at analysing results of the “Mais Médicos” (More Doctors) Program Educational Axis in Brazil. Methodology: A documental research was conducted, highlighting the location and the public or private nature of new undergraduate medical school vacancies between the years 2013 until 2017, which were then compared to the goals and strategies outlined in the official Program documents. Results: The Educational Axis reached important milestones despite the resistance of some institutional actors. The Program extended its undergraduate vacancies by 7696 places, 22.48% of that in public institutions and 77.52% in private ones. Vacancy distribution prioritized cities in rural areas of Brazil, at the same instance bringing forward significant regulatory changes for undergraduate medical courses. However, political disputes with representatives of medical societies and stakeholders interested in favouring the private educational and healthcare sectors surface in the official discourses and documents. These factors weakened the program normative body, creating a hiatus between its core objectives and respective implementation. Evidence related to the concentration of vacancies in the Southeast regions allow the maintenance of a known unequal workforce distribution, despite a proportionally bigger increase in the Midwest, North and Northeast regions. Conclusion: The predominance of vacancies in private institutions and the weakening of the new undergraduate courses monitoring instruments can compromise changes in the graduate students’ profiles, which are necessary for the fixation of physicians in strategic geographic areas to promote Primary Healthcare.

scholarly journals The new European Union space policy in order to maintain Europe’s position among space leaders

2019 ◽  
pp. 20-31
Author(s):  
Piotr Kolczynski
Keyword(s):  
European Union ◽  
Outer Space ◽  
Public Institutions ◽  
Space Policy ◽  
The European Union ◽  
Private Companies ◽  
The Public ◽  
Eu Member States ◽  
Challenges And Opportunities ◽  
The Right

This paper analyzes the current EU space strategy and confronts it with existing global challenges in the space sector. The ultimate aim of this research is to recommend a well-adjusted space policy for the European Commission to ensure effective and sustainable exploration and use of outer space for the benefit of all EU member-states. In order to draft the most efficient space policy, the uniqueness of Europe’s space sector is studied. This paper argues that the EU space policy has to focus on guaranteeing European autonomy in access and use of outer space. The author extensively analyzes the challenges and opportunities related to dynamic development of private space sector’s activities. Emphasis is made on the significance of symbiotic cooperation between the public institutions and private companies regarding mutual benefits. The paper concludes that it is the right time for the European Union to build a bold and prospective space policy.

scholarly journals Fundamentos constitucionais da proteção social: continuidades e ruturas

2016 ◽  
Author(s):  
Ana Rita Ferreira ◽  
Daniel Carolo ◽  
Mariana Trigo Pereira ◽  
Pedro Adão e Silva
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Social Protection ◽  
Political Action ◽  
The Political ◽  
Constitutional Court ◽  
Universal Principles ◽  
The Social ◽  
Political Choices ◽  
The Right

This article discusses the ways in which the Constitution of the Portuguese Republic has embodied to the political choices made during the process of creating and defining a democratic welfare state and how the various constitutional principles are reflected in the architecture of the system and have gradually changed over the years. The authors argue that when Portugal transitioned to democracy, unlike other areas of the country’s social policies the social security system retained some of its earlier organising principles. Having said this, this resilience on the part of the Portuguese system’s Bismarckian template has not prevented social protection from expanding here in accordance with universal principles, and has given successive governments manoeuvring room in which to define programmatically distinct policies and implement differentiated reformist strategies. The paper concludes by arguing that while the Constitution has not placed an insurmountable limit on governments’ political action, it has served as a point of veto, namely by means of the way in which the Constitutional Court has defended the right to social protection, be it in the form of social insurance, be it in the imposition of certain social minima.

Two Charters and a Pillar

2020 ◽  
pp. 191-202
Author(s):  
Bruno de Witte
Keyword(s):  
European Union ◽  
Social Protection ◽  
Fundamental Rights ◽  
Lisbon Treaty ◽  
Social Progress ◽  
Social Rights ◽  
The European Union ◽  
The Social ◽  
Charter Of Fundamental Rights

This chapter retraces the post-enlargement trajectory of the protection of fundamental social rights in Europe. The chapter selects three years that signpost this trajectory: 2000, when the EU’s Charter of Fundamental Rights was adopted, with the inclusion of a social rights chapter; 2009, when the Lisbon Treaty seemed to contain a renewed promise of social progress in the Union; and 2017, when the European Union launched a European Pillar of Social Rights, as part of an effort to revitalize the social protection agenda of the European Union after the disappointing post-Lisbon years.

A quest for consistency in the law of commercial agency. Loss of the right to remuneration in Polish and European law

2017 ◽  
Vol 71 (0) ◽  
pp. 0-0
Author(s):  
Piotr Sitnik
Keyword(s):  
Case Law ◽  
Third Party ◽  
European Law ◽  
The European Union ◽  
The Third ◽  
Court Of Justice ◽  
Council Directive ◽  
European Standards ◽  
Polish Law ◽  
The Right

In a recent judgment in ERGO Poist’ovňa, a.s. v Alžbeta Barlíková, the Court of Justice of the European Union attempted to clarify the ambit of Article 11 of Council Directive of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents, that is the circumstances where a commercial agent’s right to remuneration may be extinguished should a negotiated transaction not be executed between the principal and the client. Notably, the Court held that in the event of even partial non-execution of a negotiated contract between the principal and the third party client, provided it happened due to no fault on the part of the principal, the agent’s right to commission is proportionately extinguished. The paper discusses the judgment in the light of previous CJEU case law and the Polish transposition of the said European standards with a view to finding any potential divergences between the two. The paper notes two problems. First, Polish law, as opposed to Slovak law, does not recognize an automatic termination of an insurance contract in the event of default on the part of the customer. Conversely, whether such an effect eventuates is left to contractual discretion of the parties. Second, Polish courts have been recently willing to substitute unjust enrichment for contractual liability even where, it appears, complainants have valid claims under Article 7614 of the Civil Code.

Rationing, austerity and the Conservative party recovery after 1945

1994 ◽  
Vol 37 (1) ◽  
pp. 173-197 ◽  
Author(s):  
Ina Zweiniger-Bargielowska
Keyword(s):  
Public Opinion ◽  
Political Power ◽  
Social Groups ◽  
Conservative Party ◽  
Final Part ◽  
Political Debate ◽  
The Third ◽  
The Social ◽  
Sustained Effort ◽  
The Right

ABSTRACTThe general election of 1945 is described as ‘the Waterloo of the Conservative party’. Yet, in 1951 the Conservatives returned to power and were to remain in office for thirteen years. The purpose of this article is to examine this transformation in electoral fortunes. Labour's defeat in 1951 is usually explained in terms of government fatigue, redistribution, and Liberal disintegration. It is argued here that the Conservative party was not just a passive beneficiary of these developments. Rather, the 1951 result was the outcome of a sustained effort since 1946 to regain the initiative and political power. The Conservatives were actively engaged in forging an anti-socialist coalition focused on disaffection with austerity, rationing and controls on which the party's recovery after 1945 is based.The discussion is divided into four sections. The first outlines the extent of shortages, establishes the significance of this issue in political debate, and identifies the social groups most affected. Part two traces the swing to the right from 1947 onwards and the third section explores Conservative propaganda in opposition to rationing, austerity and controls. The final part examines the party's assessment of the electoral task, its monitoring of public opinion, and the range of techniques employed to rally support.

scholarly journals PROTECTION OF ECONOMIC COMPETITION: AN OVERVIEW OF THE LATEST LEGISLATIVE NOVELTIES

2019 ◽  
pp. 165-171
Author(s):  
Sergii Shkliar ◽  
Olha Bulaieva
Keyword(s):  
Decision Making ◽  
European Union ◽  
Procedural Justice ◽  
Third Party ◽  
The European Union ◽  
Economic Competition ◽  
Time Limits ◽  
The Third ◽  
The Law ◽  
The Right

Purpose. The article is dedicated to the analysis of the main changes introduced by the Law of Ukraine “On Amendments to Some Laws of Ukraine ensuring the principles of procedural justice and increasing the efficiency of proceedings in cases of violations of the legislation on the protection of economic competition”. Methods. Law of Ukraine “On Amendments to Some Laws of Ukraine ensuring the principles of procedural justice and increasing the efficiency of proceedings in cases of violations of the legislation on the protection of economic competition” proposes the implementation of several novelties. Among them are: the restriction for the Antimonopoly Committee of Ukraine by certain time limits for considering cases; possibility of extension of the term for consideration of cases by decision of the Committee’s State Commissioner or head of a territorial office; renewal of deadlines for consideration of cases where the respondent is replaced or a co-respondent is involved; provision for the consequences of missing the deadlines for considering cases and also the mechanism of consultations during the consideration of a case, which may be appointed either on the initiative of the Antimonopoly Committee of Ukraine or on the motion of interested persons. Results. The abovementioned amendments will influence the existing system of economic competition protection in a serious way. Among the changes are: – the fine for delayed payment of a fine imposed by the Antimonopoly Committees of Ukraine decision on violation of the legislation on the protection of economic competition is cancelled; – the member of the Antimonopoly Committee of Ukraine who conducted or organized an investigation is deprived of the right to vote in the process of decision-making in the respective case; – the procedure for holding hearings is defined; – recusals and self-recusals are envisaged for the Antimonopoly Committee of Ukraine officers; – the grounds for acquiring the third-party status in a case are changed; – the rights of persons involved in the case are specified and expanded. An important remark of the Law of Ukraine “On Amendments to Some Laws of Ukraine ensuring the principles of procedural justice and increasing the efficiency of proceedings in cases of violations of the legislation on the protection of economic competition” is that a person that is exempted from liability or whose fine is reduced shall still be liable for damage caused by the violation to other persons. Conclusions. As a result, Law of Ukraine “On Amendments to Some Laws of Ukraine ensuring the principles of procedural justice and increasing the efficiency of proceedings in cases of violations of the legislation on the protection of economic competition” is expected to become an important step forward in increasing the effectiveness of investigations into violations of the legislation on the protection of economic competition. It can also be regarded as the next step to harmonize Ukrainian legislation with the European Union acquis.

scholarly journals Diaspora Policies, Consular Services and Social Protection for Maltese Citizens Abroad

2020 ◽  
pp. 337-355
Author(s):  
Hillary Briffa ◽  
Alessandra Baldacchino
Keyword(s):  
Social Protection ◽  
Primary Source ◽  
Source Material ◽  
Fundamental Rights ◽  
Current Status ◽  
Diplomatic Protection ◽  
The Social ◽  
The Individual ◽  
The Right ◽  
Domestic Law

Abstract This chapter assesses the social protection policies enacted by the Maltese government to support Maltese citizens living abroad. First, the current status of the Maltese diaspora and their engagement with the homeland is contextualized, and key infrastructure and policies outlined. In the Maltese legal system, there is no domestic law granting the right to consular or diplomatic protection, however this is offered as a matter of practice based on respect for the fundamental rights of the individual. The strength of historic ties with the destination countries of Maltese emigrants is mainly reflected in the number of Reciprocal Agreements signed between Malta and partner countries. An overview of these formal treaties and their assured benefits is provided. Thereafter, five areas of concern for the social security needs of Maltese diaspora are addressed: unemployment, healthcare, pensions, family-related benefits, and economic hardship. The chapter concludes by acknowledging the communication initiatives between the Maltese government and its citizens abroad; however, it recognises that there is still a long way to go in terms of ensuring democratic participation of citizens in elections. Throughout, the evidence has been compiled primarily as a result of consultation with primary source material, as well as interviews with a range of experts within relevant Maltese governmental bodies.

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