The Principle of Subsidiarity

2018 ◽  
Author(s):  
Federico Fabbrini
Keyword(s):  
Criminal Law ◽  
Institutional Design ◽  
Legal Theory ◽  
Law And Economics ◽  
Environmental Law ◽  
Multiple Perspectives ◽  
Constitutional Principle ◽  
Law And Politics ◽  
The Subject ◽  
Widespread Interest

‘“[T]hree correcting words of the legislator and entire libraries are turned into maculature.” Worse still: three additional words and entire libraries may be filled again with learned commentaries.’ It is in these apt terms that Robert Schütze has described the principle of subsidiarity. Since its introduction into the constitutional fabric of European Union (EU) law in 1992, a flurry of scholarly research has focused on the principle of subsidiarity, approaching the subject from multiple perspectives—be it legal theory, law and politics, or law and economics—and contextualizing its meaning in multiple legal and policy areas—from environmental law, to the internal market, from education, to social policy, and now criminal law. This widespread interest for subsidiarity is not surprising: as a core constitutional principle of the EU legal order, subsidiarity stands at the crossroads of questions about EU federalism and separations of powers, functionalism and institutional design, and the ends and means of European integration through law.

Derrida’s Legal Times

2019 ◽  
pp. 147-167
Author(s):  
Bernadette Meyler
Keyword(s):  
Michel Foucault ◽  
Legal Theory ◽  
Political Sphere ◽  
Law And Politics ◽  
The Subject ◽  
The Law

The aim of this essay is to suggest what Jacques Derrida’s late forays into law and politics might contribute to thinking in legal theory beyond what can be derived from Michel Foucault and his inheritors. The key differences pertain to time and timing. In particular, Derrida’s writings lead us to reconsider the timing of the relation between the subject and the law, whether that subject is declaring independence or awaiting death. Through the vector of time, the trace of the subject—not self-present or autonomous but a subject nonetheless—is recovered within the juridico-political sphere.

scholarly journals PENERAPAN PERTANGGUNGJAWABAN PIDANA BADAN USAHA (KORPORASI) DALAM KETENTUAN YANG BERKAITAN DENGAN HUKUM LINGKUNGAN

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Herlina Manullang
Keyword(s):  
Criminal Law ◽  
Environmental Law ◽  
Human Life ◽  
Criminal Code ◽  
Legal Basis ◽  
Legal Entity ◽  
The Subject ◽  
Business Entities ◽  
Criminal Legislation ◽  
Positive Effect

AbstractMany things in human life has been affected by a legal entity (corporation), if the positive effect is certainly no need to worry, but just a lot of influence has been harmful to individuals and society at large. Criminal Code as the legal basis in criminal legislation only mentions that a criminal act can only be done by an individual (naturlijk person) is not a business entity (corporation). This has led to the growth of various laws outside the Criminal Code that recognizes the position of a business entity (corporation) as subjects of criminal law, especially in the provision of environmental law. Recognition notch business entities (corporations) as the subject of criminal law in environmental law provisions certainly result in the criminal responsibility.Keyword: Legal Entity, environmental Law, Criminal

scholarly journals Relations on Ensuring the Rights and Freedoms of a Man and Citizen as a Component of the Subject Matter of Administrative Law

2020 ◽  
Vol 90 (3) ◽  
pp. 144-153
Author(s):  
А. Т. Комзюк ◽  
Є. А. Липій
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Public Administration ◽  
Subject Matter ◽  
Legal Theory ◽  
Administrative Law ◽  
International Treaties ◽  
Constitutional Principle ◽  
The Subject ◽  
Administrative Regulation

The relations arising in the activity of public administration concerning the provision of human rights and freedoms, which are recognized as a priority component of the subject matter of administrative regulation, are characterized.  It is emphasized that one of the main, conceptual, most important and at the same time the most controversial issues is still the understanding of the subject matter and system of administrative law. The tasks concerning the assertion of the rights and freedoms of citizens, in particular the completeness of the settlement of their guarantees, are analyzed.  It is established that it can be carried out in different ways and means: by utterances in declarations, statements, enshrined in the Constitution and laws; participation in the preparation and adoption of international human rights instruments, accession to relevant international treaties, etc. Regarding administrative regulation, it is an issue of consolidating human and civil rights and freedoms in the sources of administrative law and recognizing their priority. The essence of the concept of "provision" and its elements are defined, which means the recognition and settlement with due fullness of these rights and freedoms, providing a real opportunity to use them, promoting implementation (positive guarantee), protection and defense from violations, renewal if allowed and responsibility of the state for them. It is emphasized that the protection and defense of the rights of citizens in modern administrative and legal theory are rarely considered as part of the constitutional principle of their approval and provision. Moreover, the emphasis in many works is exclusively made on the so-called "service" activities of public administration, which provide the most positive promotion of the rights and freedoms of citizens. However, it is no less important to maintain proper public order and security, to counteract to various illegal manifestations that infringe on these rights and freedoms, causing some damage, sometimes quite significant. The conclusion is made about the expediency of taking into account the relations concerning the provision of human rights and freedoms and its elements, in particular protection and defense in the construction of the system of administrative law.

ИЗМЕНЕНИЕ ПАРАДИГМЫ МЕТОДОЛОГИИ ЮРИСПРУДЕНЦИИ

2019 ◽  
Vol 13 ◽  
pp. 32-40
Author(s):  
Ю. М. Оборотов
Keyword(s):  
Legal Theory ◽  
Research Strategy ◽  
The State ◽  
New Paradigm ◽  
Methodological Question ◽  
Modern Development ◽  
Decisive Importance ◽  
The Subject ◽  
Methodological Approaches ◽  
The Law

В современной методологии юриспруденции происходит переход от изучения состо­яний ее объекта, которыми выступают право и государство, к постижению этого объек­та в его изменениях и превращениях. Две подсистемы методологии юриспруденции, подсистема обращенная к состоянию права и государства; и подсистема обращенная к изменениям права и государства, — получают свое отображение в концептуальной форме, методологических подходах, методах, специфических понятиях. Показательны перемены в содержании методологии юриспруденции, где определяю­щее значение имеют методологические подходы, определяющие стратегию исследова­тельских поисков во взаимосвязи юриспруденции с правом и государством. Среди наи­более характерных подходов антропологический, аксиологический, цивилизационный, синергетический и герменевтический — определяют плюралистичность современной методологии и свидетельствуют о становлении новой парадигмы методологии юриспру­денции.   In modern methodology of jurisprudence there is a transition from the study the states of its object to its comprehension in changes and transformations. Hence the two subsystems of methodology of jurisprudence: subsystem facing the states of the law and the state as well as their components and aspects; and subsystem facing the changes of the law and the state in general and their constituents. These subsystems of methodology of jurisprudence receive its reflection in conceptual form, methodological approaches, methods, specific concepts. Methodology of jurisprudence should not be restricted to the methodology of legal theory. In this regard, it is an important methodological question about subject of jurisprudence. It is proposed to consider the subject of jurisprudence as complex, covering both the law and the state in their specificity, interaction and integrity. Indicative changes in the content methodology of jurisprudence are the usage of decisive importance methodological approaches that govern research strategy searches in conjunction with the law and the state. Among the most characteristic of modern development approaches: anthropological, axiological, civilization, synergistic and hermeneutic. Modern methodology of jurisprudence is pluralistic in nature alleging various approaches to the law and the state. Marked approaches allow the formation of a new paradigm methodology of jurisprudence.

FUNDAMENTAL ASPECTS OF THE FORMATION ANDSIGNIFICANCE OF THE CONSTITUTIONAL PRINCIPLE AND LEGAL INSTITUTION OF JUDICIAL REPRESENTATION IN THE RUSSIAN EMPIRE OF THE XIX CENTURY

2020 ◽  
Vol 10 (4(73)) ◽  
pp. 64-69
Author(s):  
A.V. Sosnin
Keyword(s):  
Legal Profession ◽  
Russian Empire ◽  
Legal Institution ◽  
Constitutional Principle ◽  
Political Work ◽  
The Reformation ◽  
Source Studies ◽  
The Subject ◽  
The Russian Empire ◽  
Xix Century

The subject of the study establishes the nature of the legal profession, peculiarities of formation of the legal profession of the nineteenth century, and the conditions past development of the legal profession in the Russian Empire and the first steps in the reformation of jury legal profession, providing information on references to judicial representation in the oldest monuments of the Russian Empire of the XIX century. Some features of the judicial counter-reform of 1864, which served as the beginning of the emergence and appearance of the juried bar, are described. The problems worthy on the way of self-origin and improvement of legal Institute of bar, the developed aspects of the organization and work of bar in the course of its formation were revealed. The embodiment of the ancient and later foundations of independence, the legality of corporatism, self-government and equality of lawyers. The test of reconstruction of one of the first and important legal institutions of representation of judicial and source studies of the Russian Empire is carried out. The key conclusions that determined the practice of our time, state political work, which formed the basis of the judicial and legal system of the state, are established.

Unearthing Under-Governed Territory

2018 ◽  
Author(s):  
Peter J. Stoett
Keyword(s):  
Climate Change ◽  
Criminal Law ◽  
International Organizations ◽  
Environmental Law ◽  
Environmental Crime ◽  
International Environmental Law ◽  
Mitigating Factor ◽  
Environmental Crimes

This chapter looks at whether and how international organizations and criminal law can help us deal effectively with transnational environmental crimes and, more broadly, with environmental insecurity and injustice. It explores the question of whether the climate change justice agenda can benefit from the expanded pursuit of transnational environmental crime. The chapter asks whether international environmental law, refurbished, act as a mitigating factor in climate change. It concludes that while current international legal instruments can help spur additional action, by themselves, they will prove inadequate. Consequently, one idea proposed is a new international environmental court to deter all forms of ecocide.

scholarly journals Behavioral Criminal Law and Economics

2008 ◽  
Author(s):  
Richard H. McAdams ◽  
Thomas S. Ulen
Keyword(s):  
Criminal Law ◽  
Law And Economics

Time for a Protocol on Transnational Environmental Crime?

2021 ◽  
pp. 1-6
Author(s):  
Gregory Rose
Keyword(s):  
20Th Century ◽  
Criminal Law ◽  
Environmental Law ◽  
Transnational Crime ◽  
Organised Crime ◽  
Environmental Crime ◽  
Environmental Treaties ◽  
Voluntary Guidelines

Environmental law became global through the adoption of environmental treaties in the last quarter decade of the 20th century. Similarly, globalisation of criminal law accelerated when the Convention on Transnational Organised Crime 2000 (CTOC) deepened international legal cooperation between States to combat transnational crime. A protocol to the CTOC, complemented by voluntary guidelines and model legislation, could promote environmental crime harmonisation. This article argues that the time is right to bring together certain elements of international environmental and transnational criminal law.

European Union Law

2021 ◽  
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
European Union ◽  
Environmental Law ◽  
Research Topics ◽  
European Union Law ◽  
European Institutions ◽  
The Subject ◽  
Free Movement Of Goods ◽  
The Uk ◽  
Substantive Law ◽  
The Eu

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise and reliable guides for students at all levels. The eleventh edition of European Union Law provides a systematic overview of the European institutions and offers thorough, wide-ranging coverage of the key substantive law topics, including separate chapters on competition, discrimination, environmental law and services. It also features a new chapter on the EU and its relationship with third countries, including the UK. Incisive analysis of the governing themes and principles of EU law is consistently delivered, while chapter summaries, critical questions, further reading suggestions and the new ‘Brexit checklist’ feature help to guide the reader through the subject and support further research. Topics covered also include supremacy and direct effect, the European Courts, general principles, free movement of goods and persons and citizenship.

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