Health and Safety Regulators

Author(s):  
Duncan Fairgrieve ◽  
Dan Squires QC

‘Health and safety regulators’ are public authorities whose primary purpose is to supervise the activities of third parties engaged in dangerous activities. Their aim is to provide protection from physical harm. This chapter examines the circumstances in which such regulators will be held liable in tort if their carelessness causes physical or economic losses to members of the public, or to those whose activities are the subject of the regulation. We consider other regulatory bodies, such as those concerned with planning and banking in Chapter 14, and we consider the potential liability of bodies concerned with providing information and warnings on health, but not with the direct regulation of potentially dangerous activities, in Chapter 18.


Author(s):  
Yevgeny Victorovich Romat ◽  
Yury Volodimirovich Havrilechko

The article is devoted to research of theoretical problems of the concepts of the subject and object of public marketing. The definitions of these concepts are considered in the article, the evolution of their development is studied. The article provides an analysis of the main approaches to the notion of subjects and objects of public marketing, their relationship and role in the processes of public marketing. The authors proposes concrete approaches to their systematization. These approaches allow us to identify specific types of public marketing and their main characteristics. Relying on the analysis of the concept of “subject of public (state) management”, it is concluded that as bodies of state marketing, most often act as executive bodies of state power. In this case, the following levels of marketing subjects in the system of public administration are allocated: the highest level of executive power; Branch central bodies of executive power; Local government bodies; Separate government agencies. It is noted that the diversity of subjects of public marketing is explained, first of all, by the dependence on the tasks of the state and municipal government, the possibilities of introducing the marketing concept of these subjects and certain characteristics of the said objects of state marketing. It is noted that the concept of “subject of public marketing” is not always the identical notion of “subject of public administration”. First, not all public authorities are subjects of state marketing. In some cases, this is not appropriate, for example, in the activities of the Ministry of Defense of Ukraine or the Ministry of Internal Affairs of Ukraine. Secondly, state marketing is just one of many alternative management concepts, which is not always the most effective in the public administration system.



2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Laura Garbini Both ◽  
André Rodrigues Meneses

<p>O presente trabalho objetiva analisar a atuação, legalidade e eficiência das organizações sociais. Uma vez que, esta tem sido motivo de intensos questionamentos, por parte daqueles que não enxergam benefícios na criação de um terceiro setor econômico. Há quem defenda que, é dever exclusivo do poder público, executar e fiscalizar os serviços sociais. A contrário senso há quem defenda uma publicização dos serviços que não são executados apenas pelo poder estatal, mas também pelo setor privado. Sendo assim, porque contrariar uma parceria publico-privada que só objetiva trazer benefícios para a população brasileira?</p><p>No decorrer deste estudo, será respondido tal questionamento, por meio de reflexões acerca das discussões e alegações de inconstitucionalidade da lei 9.637/98, de parte da lei de licitações ─ 8.666/93. Bem como, da suposta violação dos seguintes preceitos constitucionais: artigo 5ª, XVII e XVIII; artigo 22, XXVII; artigo 23; artigo 37, II, X e XXI; artigo 40, caput e § 4º; artigos 70, 71 e 74; artigo 129; artigo 169; artigo 175; artigo 196; artigo 197; artigo 199, § 1º; artigo 205; artigo 206; artigo 208; artigo 209; artigo 215; artigo 216, § 1º; artigo 218 e artigo 225. Onde será comprovado por meio de dados percentuais a eficiência e os benefícios advindos da sua criação.</p><p> </p><p> </p><p> </p><p>This paper aims to analyze the performance, legality and efficiency of social organizations. Since this has been the subject of intense questions from those who do not see benefits in the creation of a third economic sector. There are those who argue that it is the exclusive responsibility of the public authorities to execute and supervise social services. On the contrary, there are those who advocate an advertisement of services that are not only carried out by state power, but also by the private sector. So, why oppose a public-private partnership that only aims to bring benefits to the Brazilian population?</p><p>In the course of this study, this question will be answered, through reflections on the discussions and allegations of unconstitutionality of Law 9.637 / 98, part of the law of bidding - 8.666 / 93. As well as the alleged violation of the following constitutional precepts: Article 5, XVII and XVIII; article 22, XXVII; Article 23; Article 37, II, X and XXI; article 40, caput and paragraph 4; Articles 70, 71 and 74; article 129; Article 169; article 175; Article 196; article 197; article 199, paragraph 1; Article 205; Article 206; article 208; Article 209; Article 215; article 216, paragraph 1; article 218 and article 225. Where will be proven by means of percentage data the efficiency and the benefits coming from its creation.mptions that justify the use of them with greater efficiency in the achievement of the public interest.</p>



e-Finanse ◽  
2018 ◽  
Vol 14 (2) ◽  
pp. 58-66
Author(s):  
Jolanta Szołno-Koguc

AbstractAn essential condition for asserting responsibility in public finances is that they are open and transparent. The Public Finance Act mentions ways of applying the principles of openness, and also stipulates the entities obliged to present data and information on public finances. There is, however, no legislation connected directly with transparency. So do the general requirements of classification and of accountancy and reporting principles constitute sufficient premises for accountability and asserting responsibility? An analysis of the reports and documents concerning the Polish public finance sector indicates that the processes of collecting and spending public funds are insufficiently transparent. The information system enables formal verification of discipline of public finances; however, it does not provide a sufficient basis to assess the effectiveness and efficiency, which are of key importance in terms of accountability. The aim of the article is to analyse the requirements and standards in the field of openness and transparency insofar as these concern the responsibility and accountability of public authorities, along with elements of how these are assessed in the Polish public finance system. A normative descriptive method was applied which took into consideration elements of finance theory, as well as an analysis of practical experience in the field of how public sector bodies function in Poland. The research objectives are realised mainly on the basis of a critical review of the literature on the subject, and an analysis of legal acts, reports and other documents of domestic and international institutions. The considerations and analyzes have led to several key applications to develop the principles of openness and transparency in relation to improving the accountability of public finances.



Author(s):  
Игорь Ирхин ◽  
Igor Irkhin

The article emphases that the current period of legal vacuum in the form of “freezing” the territorial claims of states in Antarctica, including the British Antarctic Territory, is not an unconditional guarantee means to prevent the international communication subjects’ claiming for the future sovereign and “quasi-sovereign” standing to the Antarctica and its regions with the formalization of the public authorities’ respective powers in the national legislation. The author also emphases on the relevance of improving the Antarctic’s international-legal regime. This includes the detail of unification and standardization of responsibility mechanisms for violation of the existing legal acts’ provisions that determines the procedure and conditions for international cooperation on this continent. It is proposed to consider the validity and appropriateness of the Antarctic Treaty 1959 regulations on consolidation opportunities of previously asserted rights of Contracting Parties or their claims to territorial sovereignty in Antarctica. The author believes that the rule of this legal act generates the problem of uncertainty of the States sovereign rights over the continent and its particular parts. The article also brings an argument that position on the lack of validity of the relations qualification between Britain and the British Antarctic Territory as a partnership and as the management of overseas territory are carried out directly and exclusively by the British authorities in the person of Commissioner, there is no “local” institutions of public authority and no permanent population. In addition, the category of the Kingdom’s sovereignty, which is the basic qualification under the partnership, excludes the independence of the Overseas Territories as it absorbs partnerships leveling its qualitative characteristics. The author analyzes features of the constitutional status of the Commissioner as a representative of the British Crown. It is necessary to bring the provisions of the Order of the British Antarctic Territory 1989 in line with the Antarctic Treaty 1959.



Author(s):  
Saniat Agamagomedova ◽  

The subject of research is state control and supervision from the point of view of axiological approaches. The first level of the latter makes it possible to determine value of state control and supervision as administrative forms; the second level forms variants of theoretical and legal substantiation of the correlation between the control and supervisory activities of the state and the totality of values protected by law. The aim of the article is to propose methodological techniques for determining the value of state control and supervision, which is understood as the importance of these institutions in the public administration system as a whole in the context of the possibility of using other administrative forms to achieve regulatory goals. The value of the control and supervisory activities of the state is substantiated from the point of view of the possibility of replacing state control and supervision with other regulatory mechanisms within the framework of deregulation processes (horizontal approach), as well as taking into account previous development of these administrative forms (evolutionary approach). Value of state control and supervision is seen as the ability to ensure the protection of legally protected values with minimal interference of public authorities in controlled activities. Value of the considered management forms is substantiated using the category of deregulation, which is understood as: process of development of a certain sphere of social relations; process of delegating state powers; trends to expanding the freedom of subjects, transition to “soft” regulation; process of reducing and simplifying administrative procedures (procedural deregulation). Determination of the value of state control and supervision is associated with the justification of the possibility of replacing these management forms with others in relation to a certain area of regulation, which determines a specific ratio of various management forms and mechanisms. From the point of view of evolutionary approach, value of state control and supervision is determined by the previous development of these administrative forms in the system of state power. Within the framework of the theoretical and legal substantiation of the category “values protected by law” in the system of state control and supervision, a variety of positions are highlighted. As a conclusion, a modern formula is proposed: state control and supervision — socially significant results — mandatory requirements — values protected by law.



2018 ◽  
Vol 277 (3) ◽  
pp. 247
Author(s):  
Rafael Maffini ◽  
Juliano Heinen

<p>Analysis of the incidence of the Statute of Introduction to the Rules of Brazilian Law (in the writing given by Act 13.655/2018) on the interpretation of public law rules: interpretative operations and general principles of administrative law</p><p> </p><p>O presente trabalho pretende analisar as inovações legislativas produzidas pela Lei nº 13.655/2018, bem como suas consequências jurídicas. Tal Diploma Legal modificou o Decreto-Lei nº 4.657/1942, denominado de “Lei de Introdução às Normas do Direito Brasileiro”. Para tanto, o trabalho se dividiu em seis eixos teóricos: primeiro se disserta sobre as modificações legais que traçam parâmetros interpretativos com foco no “consequencialismo” e o “realismo” da interpretação do direito público. Por conseguinte, analisam-se as disposições relativas à segurança jurídica. Em um terceiro plano, confere-se ênfase aos mecanismos legais que franqueiam maior participação e consenso entre a administração pública e o cidadão. Ainda, tratar-se-á de analisar a reponsabilidade das autoridades públicas e dos agentes que atuam na função consultiva. Também a eficiência administrativa será objeto de estudo, percebendo o que a legislação mencionada inovou no tema. Por fim, será demonstrado como a motivação das condutas administrativas, já merecedora da devida importância, dado seu status de princípio constitucional, restou ainda mais prestigiada pela Lei nº 13.655/2018. Analisar-se-á dissertativamente tal legislação, essencialmente em relação aos aspetos relativos à aplicação da Lei de Introdução às Normas do Direito Brasileiro (na redação dada pela Lei nº 13.655/2018) no que concerne à interpretação e aplicação de normas de direito público e, muito particularmente, ao modo como, nessas operações interpretativas, se enformam certos princípios gerais de direito administrativo, a fim de se perceber analiticamente as mudanças e potencialidades feitas pela edição da recente norma.</p><p> </p><p>The present work intends to analyze the legislative innovations produced by Legal Act nº 13.655/2018, as well as its legal consequences. This legislation modified Legal Act nº 4.657/1942, called “Statute of Introduction to the Rules of Brazilian Law”. In order to do so, the work was divided into six theoretical axes: first, it discusses the legal modifications that draw interpretive parameters with a focus on “consequentialism” and the “realism” of the interpretation of Public Law. Consequently, the provisions on legal certainty are examined. In a third plan, emphasis is placed on the legal mechanisms that lead to greater participation and consensus between the Public Administration and the citizen. Also, it will be a question of analyzing the responsibility of the public authorities and of the agents that act in the advices function. Also the administrative efficiency will be object of study, realizing what the mentioned legislation innovated in the subject. Finally, it will be demonstrated how the motivation of administrative conduct, already deserving of due importance, given its status as a constitutional principle, remained even more prestigious under Legal Act nº 13.655/2018. Such legislation will be analyzed, essentially in relation to the aspects related to the incidence of the Statute of Introduction to the Rules of Brazilian Law (in the wording given by Legal act nº 13.655/2018) regarding the interpretation of norms of Law Public and, in particular, to the way in which, in these interpretative operations, certain general principles of Administrative Law are formed, in order to understand analytically the changes and potentialities made by the edition of the recent norm.</p>



2018 ◽  
pp. 51-70
Author(s):  
TUDOREL TOADER

The separation and balance of State powers constitute the basis of the rule of law. Observance of this principle requires framing of public authorities within the limits of competence established by the Constitution and the law, as well as loyal cooperation between them. From this perspective, the attribution of the constitutional courts for settling legal disputes of a constitutional nature is an important tool for correcting the tendencies of violation of these limits, as well as for identifying solutions for situations that do not find an explicit regulation in the constitutional texts. The present study analyses the jurisprudence of the Constitutional Court of Romania in the field of legal disputes of a constitutional nature, revealing, together with the presentation of dispute situations, the vulnerabilities of the constitutional reference texts. It is also highlighted the role of the constitutional courts in the evolution of constitutional law institutions. The conclusion of the study, beyond the subject of legal disputes of a constitutional nature, bears on the necessity, even more so in this matter, of the certainty of jurisdictional interpretation. This certainty cannot be achieved as long as the interpretation is not authoritative; consequently, the assurance of the effectiveness of constitutional justice constitute a key issue of the rule of law.



1997 ◽  
Vol 6 (2) ◽  
Author(s):  
Eva Tošovská

The subject treated in this article is environmental impairment liability, which becomes a still more important legal and economic instrument of environmental policy complying with claim of denationalization. It is a market-conforming instrument not requiring that the public authorities will focus their activities on direct management of microeconomic agents. The article reflects: brief description of the functions and position of environmental impairment liability among the other tools of environmental policy; evaluation of the extent to which the initiatives aimed at European harmonisation have been successful; analysis of the present state of works on environmental impairment liability legislation in the Czech Republic.



Author(s):  
Dariusz Szydłowski ◽  
Kamil Martyniak

The Police as the largest uniformed law enforcement agency in Poland (more than 100,000 functionaries) with strictly hierarchical command structure is capable of entering into cooperation with external entities including non-governmental organizations. NGOs are all entities which are not public administration organs or units and which operate on a non-profit basis. A characteristic feature of an NGO is the lack of links to the public authorities. In Poland the status of NGOs is regulated by the Public Benefit and Volunteer Work Act of 2003 which introduced an extended definition of non-governmental organizations as entities engaged in public interest and charitable activities (ngo.pl, 2018). The paper presents the subject matter related to the cooperation of the Polish Police with non-governmental organizations with respect to their statutory tasks, determines the place of NGOs in the security system and draws conclusions and recommendations regarding the cooperation.



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