IT Application in Customs to Reform the Administrative Procedures and Guarantee the Right of Business Freedom of Citizens in Vietnam

2020 ◽  
Author(s):  
Ha Thi Hai Yen ◽  
Tran Vi Anh
Keyword(s):  
Administrative Procedures ◽  
The Right ◽  
It Application ◽  
Business Freedom

scholarly journals 倫理學的辯護和支持: 放棄治療

2000 ◽  
Vol 3 (1) ◽  
pp. 111-126
Author(s):  
Zhizheng DU
Keyword(s):  
Necessary Condition ◽  
Chinese Society ◽  
Medical Sciences ◽  
Incurable Disease ◽  
Digital Commons ◽  
Futile Treatment ◽  
Administrative Procedures ◽  
The Right ◽  
Society Today ◽  
Medical Situation

LANGUAGE NOTE | Document text in Chinese; abstract also in English.儘管醫學在飛速進步，但由於種種原因，放棄治療在臨床中有日益增多的趨勢。放棄治療是人們的一種理性選擇。合理的放棄治療是醫學人道主義在某種特殊情況下的理性表現。區分放棄治療的不同情況，正確界定放棄治療的範圍，合理選擇放棄治療的措施，確保不發生不應放棄治療的病人被放棄，在全過程中始終尊重病人的自主權，妥善處理對於是否放棄中的分岐，並維護病人的整體利益，是履行放棄治療中倫理學應予充分注意的問題。Many believe that giving up treatment always conflicts with physicians' duty and responsibility. However, although societies have achieved the rapid advancing of medical sciences and technologies, and although patients and families sometimes want to maintain life-sustaining interventions at any cost, renunciation of futile treatment remains an unavoidable issue facing physicians in their clinical practice. This is especially the case for Chinese society today. This paper argues that withdrawing life-sustaining therapy is not always opposite to moral requirement.Specifically, the paper explores the following important issues around the decision making of renouncing treatment. First, in what medical situation does the patient and the family's request for withdrawing treatment should be granted by the physician? this paper contents that a necessary condition must be that the patient suffers an incurable disease. Second, who has the right to make the decision of renouncing treatment? This paper argues that, in considerations of Chinese ethical and societal character, some practical measures should be establishes in Chinese society medical and moral consideration should all be balanced and integrated. Finally, in order to avoid unnecessary ambiguities and disputes, this paper suggests that legal and administrative procedures and guidelines should be adopted regarding the decision of renouncing treatment.DOWNLOAD HISTORY | This article has been downloaded 31 times in Digital Commons before migrating into this platform.

The Principles Governing Public Authority Liability in Poland

2020 ◽  
pp. 66-68
Author(s):  
Marek Wierzbowski ◽  
Marek Grzywacz ◽  
Joanna Róg Dyrda ◽  
Katarzyna Ziółkowska
Keyword(s):  
General Principle ◽  
Civil Code ◽  
The State ◽  
Public Authority ◽  
Administrative Action ◽  
General Terms ◽  
Administrative Procedures ◽  
Per Se ◽  
Polish Law ◽  
The Right

Before 1989, Polish courts in some cases affirmed the liability of the State on the basis of existing legislative provisions. After 1989, the Constitution admits administrative liability in very general terms, because everyone shall have the right to be awarded damages for any harm done by administrative action contrary to the law. The more detailed provisions of the Civil Code implement such general principle. More generally, the liability of administrative authorities is regarded as being subject to private law standards. However, in some cases illegality per se will not suffice for liability. This is the case, in particular, for administrative acts that are characterized by real discretion. Moreover, administrative procedures are regulated by parliamentary legislation. Another particular feature of Polish law is that, to prove the unlawfulness of the action taken by administrative authorities, on both procedural and substantive grounds, claimants must bring an action before administrative courts.

The Main Features of the Law Amending the General Administrative Procedure Act

10.4335/32 ◽  
2009 ◽  
Vol 6 (1) ◽  
pp. 71-86
Author(s):  
Tjaša Ivanc
Keyword(s):  
Decision Making ◽  
Key Words ◽  
Cost Effective ◽  
Effective Procedure ◽  
Legal Regulations ◽  
Administrative Procedure ◽  
Electronic Service ◽  
Administrative Procedures ◽  
The Law ◽  
The Right

The Law Amending the General Administrative Procedure Act refers to a variety of provisions. New solutions should contribute to a more rapid, more efficient and more cost-effective procedure. Primarily due to elimination of the inconsistent use of individual provisions in practice, the amending law regulates more definitely the issues of authorising the persons to manage and make decisions at different decision-making levels in administrative procedures in municipalities. The law also develops electronic operations and it especially amends the electronic service provisions. There is a fairly large number of amendments in the Service Chapter. And an important novelty needs to be emphasized. This is the institute of the waiver of the right to appeal which the General Administrative Procedure Act did not know. However, it is well-known in foreign legal regulations and in the Construction Act adopted in our country. KEY WORDS: • administrative procedure • electronic operations • right to appeal

An International Due Process Standard for Competition Adjudication? A Critical Approach

2020 ◽  
pp. 1-24
Author(s):  
Soojin NAM
Keyword(s):  
Decision Maker ◽  
Due Process ◽  
The United States ◽  
The European Union ◽  
Critical Approach ◽  
Administrative Procedures ◽  
Anglo American ◽  
The Right ◽  
Multinational Businesses ◽  
Process Issue

Abstract With the global proliferation of antitrust law enforcement, multinational businesses, scholars, and practitioners have clamoured for stronger due process protection in competition adjudication. Often, the argument assumes the existence of a due process standard applicable internationally to all competition jurisdictions. The standard comprises certain features typical of adversarial adjudication, including a neutral decision-maker, a live in-person hearing before such decision-maker, and the right to present and cross-examine evidence and witnesses. This paper challenges this alleged due process standard on two different levels by comparing the competition adjudication procedures of the United States Federal Trade Commission, the European Commission, and the Korea Fair Trade Commission. First, the paper shows that such a standard, which advances certain features of Anglo-American adversarial adjudication, is at odds with the local due process laws of the European Union and South Korea. Second, the paper shows that implementing such adversarial features would pose significant practical problems in jurisdictions where existing administrative procedures are largely inquisitorial or ‘continental.’ While the supporters of the due process argument identify a number of procedural problems that should be addressed, framing these problems as a due process issue would only be counterproductive.

scholarly journals ADMINISTRATIVE APPEAL

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Barjam Gjishti
Keyword(s):  
Public Administration ◽  
Legal Person ◽  
Central Administration ◽  
The Public ◽  
Administrative Procedure ◽  
Administrative Functions ◽  
State Administration ◽  
Administrative Procedures ◽  
The Right ◽  
First Time

The term public administration in the Albanian legal system identifies the group of state administration bodies / public entities that contribute to the performance and functioning of state administration in matters of its competencies. The provision for the first time defined by the bodies that are part of the public administration is Article 3 of the Code of Administrative Procedure, 1999, repealed by the new Administrative Procedure Code, which provides in Article 3, point 6, “the public organ” bodies that are part of the public administration are those exercising administrative functions. The new Code of Administrative Procedures shall designate as a public administrative body any central administration body, local authority, law enforcement authorities, as long as they perform administrative functions, public entities and any natural or legal person who has been given by law, statute or any other form provided by the legislation in force, the right to exercise administrative functions. All public bodies that do not exercise administrative functions are excluded from this definition.

scholarly journals Openness and Transparency in (Slovene) Administrative Procedures as Fundamental European Principles

2016 ◽  
Vol 9 (2) ◽  
pp. 49-67
Author(s):  
Polonca Kovač
Keyword(s):  
Public Administration ◽  
Single Case ◽  
Access To Information ◽  
European Regulation ◽  
Empirical Survey ◽  
Legal Documents ◽  
Oecd Principles ◽  
Administrative Procedures ◽  
The Right ◽  
The Eu

Abstract Openness and transparency are general administrative principles, closely related to lawfulness, accountability, responsiveness, participation and other elements of good administration. Despite their long existence in theory and legal documents, both at the European and national levels, the content and the relation of and among the respective principles is blurred. This applies even in single-case administrative procedures through the classic rights of defense, such as the right to access to information or the right to be heard. The paper explores these dimensions based on comparative analyses of the EU Charter, the OECD principles on good administration and governance and the Slovene law on administrative procedures, proving compliance between Slovene and European regulation. Furthermore, a consistent definition is proposed. Transparency is thus understood as parallel to participation. Both are seen as subcategories of openness which, as the sum of the rights of defense, is based on lawfulness and leads to accountability and ethics. However, as revealed by an empirical survey in 2015, the Slovene public administration sees these issues in a rather formal way. Finally, suggestions are made for future legislation and its implementation in terms of open and good administration.

Garantias constitucionais do processo e instrumentalidade processual

2020 ◽  
Author(s):  
Sergio Torres Teixeira ◽  
Julienne Diniz Antão
Keyword(s):  
International Law ◽  
Social Participation ◽  
Judicial Review ◽  
Graduate Program ◽  
Preventive Measures ◽  
Access To Justice ◽  
Safety Measures ◽  
Procedural Law ◽  
Administrative Procedures ◽  
The Right

During the months of May to September, Prof. Dr. Sérgio Torres Teixeira taught a discipline called “Constitutional Guaranties of the Process and Procedural Instrumentality” (which is also the name of this book) in the Post-Graduate Program of the Federal University of Pernambuco; one of the first classes entirely online in regard to COVID-19 safety measures. Despite the distance, all classmates were remarkably close in the intellectual purpose of learning and develop the law. Their researches, discussions and enthusiasm gave birth to this book, which delves deeply in important matters regarding constitutional and procedural law. It is constituted of 12 carefully written articles concerning such matters as the non-avoidance of judicial review, procedural equality in national and international law, international juridical cooperation and the effectiveness of transnational adjudication, the right to a natural judge in arbitration, social participation in administrative procedures, preventive measures in administrative procedures, among other themes that can be seen in the summary. It is a book that encapsulate different views and perspectives about such fundamental matters, intertwining different areas of law, abundantly revealing the plurality of though that sets the tone to this valuable initiative. It is by definition the work of a collectivity, that by mutual criticism made possible this academic landmark to all participants, showing the active and curious spirit of the minds cultivated in the Federal University of Pernambuco, specially concerning the researches related to procedural justice, access to justice and instrumentality. In this sense, is a work that reflects the prominent procedural issues of its time.

Computerisation of administrative procedures and the right to good administration in Italy – selected issues

2021 ◽  
Vol 2(24) ◽  
pp. 307-321
Author(s):  
Beata Nuzzo
Keyword(s):  
Information And Communication Technologies ◽  
Communication Technologies ◽  
Legal Regulations ◽  
Information And Communication ◽  
Administrative Procedures ◽  
Modern Information ◽  
Right To Good Administration ◽  
The Right ◽  
The Impact

Rapidly progressing computerisation of administrative procedures requires reflection on its consequences, both in the legal sphere and in the sphere of the practical functioning of administration. One of the most more important issues connected with topic is the impact that computerisation exerts on the right to good administration. Analysis of Italian legal regulations in this area reveals the need to find the right balance between the efficiency and speed of computerised administration and the protection of citizens’ interests. Facilitating the functioning of administration, which results from the implementation of modern information and communication technologies to administrative procedures, should contribute to better implementation of the right to good administration.

scholarly journals The Accuracy of Electoral Regulations: The Case of the Right to Vote by People with Cognitive Impairments

2013 ◽  
Vol 13 (2) ◽  
pp. 221-233 ◽  
Author(s):  
Ludvig Beckman
Keyword(s):  
Cognitive Impairment ◽  
Cognitive Impairments ◽  
Legal Regulations ◽  
Extensive Analysis ◽  
The Face ◽  
Administrative Procedures ◽  
Legal Restrictions ◽  
Right To Vote ◽  
The Right ◽  
Regulatory Problems

People with cognitive impairments are regularly denied access to the vote in democratic nations. At the same time, the accuracy of legal regulations is uncertain due to the variety of legal classifications and the vague administrative procedures envisaged for their implementation. This article offers an extensive analysis of the accuracy of legal restrictions on the vote for people with cognitive impairments in all electoral democracies. The article argues that the prospect of ever regulating the vote accurately, in the sense of avoiding both misclassifications and arbitrary administration of restrictions, is difficult to envisage. In the face of the regulatory problems associated with the attempt to restrict the vote for people with cognitive impairment, it is concluded that enfranchisement of all adult citizens would constitute an improvement.

Effects of Identification Requirements on Voting: Evidence from the Experiences of Voters on Election Day

2009 ◽  
Vol 42 (01) ◽  
pp. 127-130 ◽  
Author(s):  
Stephen Ansolabehere
Keyword(s):  
United States ◽  
The United States ◽  
National Commission ◽  
Federal Election ◽  
Election Reform ◽  
Administrative Procedures ◽  
Right To Vote ◽  
Set Up ◽  
The Right ◽  
And Training

At the heart of the efforts to improve elections in the United States are two important values: access and integrity. To guarantee the right to vote, the polls must be accessible to all who wish to vote. To guarantee legitimate elections, only eligible people should be allowed to vote, and all votes must be tabulated correctly. These values have different implications for administrative procedures, ranging from the implementation of registration systems to the choice of voting equipment to the set up of polling places and training of poll workers. Often these values work hand in hand, but at times they are at odds. Such is the case with the authentication of voters at the polls (see National Commission on Federal Election Reform 2002).

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