Spain’s Action to Control and Suppress Illegal, Unreported and Unregulated Fishing: Current Status and Future Prospects

2019 ◽  
Vol 34 (4) ◽  
pp. 642-667
Author(s):  
Gabriela A. Oanta
Keyword(s):  
Legal Framework ◽  
Current Status ◽  
Future Prospects ◽  
Public Authorities ◽  
Legal Norms ◽  
The Public ◽  
Fisheries Policy ◽  
Administrative Sanctions ◽  
Fisheries Law ◽  
Unregulated Fishing

AbstractThe aim of this article is to address the evolution of Spain’s action to fight against illegal, unreported and unregulated (IUU) fishing during the last thirty years, as well as its future prospects. Currently, Spain strictly complies with the provisions of the international fisheries law and the European Union’s Common Fisheries Policy. In addition, Spain adopted a complex and diverse normative framework, which allows it to establish administrative sanctions against various Spanish individuals and fishing companies, which are suspected of being involved in IUU fishing activities. Moreover, Spanish legal courts and tribunals had to adjudicate in a few cases occasioned by IUU activities. This article analyses the Spanish current legal framework regarding controlling and suppressing IUU fishing, as well as the enforcement of the legal norms in Spain by the public authorities with competences in this field and by the Spanish courts and tribunals.

scholarly journals CORRUPTION IN THE SYSTEM OF PUBLIC ADMINISTRATION AND ECONOMY OF UKRAINE: CURRENT STATUS AND TRANSFORMATION

2021 ◽  
pp. 438-451
Author(s):  
A. Kofanov ◽  
N. Pavlovska ◽  
M. Kulyk ◽  
Yu. Tereshchenko ◽  
H. Strilets
Keyword(s):  
Public Administration ◽  
Information Exchange ◽  
System Analysis ◽  
Legal Framework ◽  
Current Status ◽  
Public Authorities ◽  
The Public ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
High Level

The article deals with a number of issues of investigation and prevention of corruption crimes in the field of public administration. The purpose of this paper is to analyze challenges in investigating and preventing corruption crimes in the field of public administration. The relevance of this study lies in the fact that the variety of forms of bribery, its penetration into various spheres of activity: economic, financial, entrepreneurial, educational, requires new ways to prevent and counteract these criminal manifestations, the creation of pragmatic recommendations aimed at improving their prevention and investigation. The study was carried out based on the method of system analysis and generalization of information obtained in the course of the study, questionnaires of different categories of law enforcement officers. They conduct pre-trial investigation of these crimes, as well as reports of the Expert Service of the Ministry of Internal Affairs of Ukraine, the National Police of Ukraine, the National Anti-Corruption Bureau of Ukraine, and Forensic Science Institutes of the Ministry of Justice of Ukraine for 2016-2019, the legal framework on liability for corruption offenses. The most relevant motives and methods of committing corruption crimes have been analyzed and it has been established that bribery and corruption rank first among economic crimes, and the high level of corruption of state bodies in various spheres of public life contributes to the increase in the number of such crimes. The study found that civil servants through abuse of office, as well as obtaining undue benefits predominantly commit corruption crimes. The ways of improving the forms of combating corruption in public authorities are proposed, which will reduce the level of corruption in the public administration system, in particular, the implementation of measures aimed at enhancing information exchange between non-governmental organizations, the media, the public and local authorities, and public authorities.

scholarly journals La protección de la lengua castellana en el marco del multiparlamentarismo autonómico: el acceso a la información pública en español en la web oficial de los Parlamentos autonómicos // The protection of the Spanish language in the framework of the regional parliaments: the access in Spanish to the public information on their official websites

2018 ◽  
Vol 1 (102) ◽  
pp. 155
Author(s):  
Ainhoa Uribe Otalora
Keyword(s):  
Mother Tongue ◽  
Public Information ◽  
Legal Framework ◽  
Spanish Language ◽  
Public Access ◽  
Official Language ◽  
Public Authorities ◽  
The Public ◽  
Good Government ◽  
Estudio De Caso

Resumen:La Constitución española establece en su artículo 3 que el castellano es la lengua oficial del Estado, al tiempo que reconoce la existencia de un plurilingüismo. Sin embargo, existen territorios donde los ciudadanos se enfrentan a una situación desigual a la hora de emplear el castellano como lengua vehicular. Esta situación es aún más grave si la desigualdad procede de los poderes públicos. El artículo es un estudio de caso del acceso a la información pública en lengua castellana, no en vano, junto al mandato del artículo 3 CE, el artículo 9 CE obliga a los poderes públicos a publicar las normas (lo que supone publicarlas también en español), al tiempo que el principio de publicidad se vio reforzado por la aprobación de la Ley 19/2013, de 9 de diciembre, de Transparencia, Acceso a la Información Pública y Buen Gobierno, y por las respectivas leyes de transparencia autonómicas, que regulan el acceso de los ciudadanos a la información pública. Dicho acceso a la documentación de carácter público debe hacerse, por ende, en la lengua oficial del país, así como en las lenguas cooficiales en sus respectivos territorios. Por ello, el artículo analiza el mayor o menor grado de acceso en lengua castellana a los documentos que publican ensu página web los distintos parlamentos autonómicos, sean de naturaleza legal, política, económica o de otro tipo. En consecuencia, aquí se realiza un estudio de caso centrado en las seis Cámaras autonómicas con lenguas cooficiales, para verificar el grado de cumplimiento del artículo 3 CE, el artículo 9 CE, y el el artículo 12 de la Ley 19/2013, de 9 de diciembre, de transparencia, acceso a la información pública y buen gobierno. Son los siguientes: 1) El Parlamento Vasco (Eusko Legebiltzarra); 2) el Parlamento Navarro (Nafarroako Parlamentua); 3) el Parlamento Catalán (Parlament de Catalunya); 4) el Parlamento Valenciano (Corts Valencianes); 5) el Parlamento de Baleares (Parlament de les Illes Balears); y 6) el Parlamento Gallego (Parlamento de Galicia). El objetivo último de la presente investigación es abordar unas conclusiones que permitan fortalecer y hacer cumplir el mandato constitucional, así como permitir a los ciudadanos hacer uso de su lengua oficial.Summary:I. Introduction: Approach of the Study Object. II. Legal Approach to the question. 2.1. The article 3 of the Constitution: background and meaning. 2.2. The constitutional principles of multilinguism. 2.3. The regional legal framework of bilingualism 2.4. Jurisprudence on the Spanish language. 2.5. The right to get access to law and public information in Spanish language. III. The praxis of the regional parliaments in the compliance with the article 3CE, the art. 9 CE, and the art. 12 of the Act of Transparency. IV. Conclusions. V. Bibliography.Abstract:The Spanish Constitution establishes in the article 3 that the Spanish is the official language of the State. It also enshrines the existence of mutilinguism in the country. However, there are some territories where citizens face inequalities when using Spanish as their mother tongue. This situation is even harder if the inequalities come from public powers. The article focuses on the citizens’ access to public information in Spanish. In fact, not only the Spanish is the official language (art. 3 CE), but also the article 9 of the Constitution forces the public authorities to publish laws (which means also to publish them in Spanish), as well as the Act of Transparency, Access to Public Information and Good Government (Ley 19/2013) enables citizens to get access to public information (which means to access to the documents also in Spanish). Hence, the articleanalyses the level of public access in Spanish to the documents uploaded on the websites of the regional parliaments. Therefore, it is a case study focused on the six regional parliaments with more than one official language. They are the following ones: 1) The Basque Parliament (Eusko Legebiltzarra); 2) the Parliament of Navarra (Nafarroako Parlamentua); 3) the Parliament of Catalonia (Parlament de Catalunya); 4) the Valencian Parliament (Corts Valencianes); 5) the Parliament of the Balearic Islands (Parlament de les Illes Balears); and 6) the Galician Parliament (Parlamento de Galicia). It will study the level of compliance with the article 3 and 9 of the Constitution and the article 12 of the Act of Transparency, Access to Public Information and Good Government (Ley 19/2013). The aim of the article is to get to conclusions that enable the legislator to strengthen and force the compliance with the constitutional mandate, as well as to empower citizens to use the official language.

scholarly journals The Legal Framework for the Promotion and Protection of Human Rights in Cameroon by Non-Governmental Organisations

2021 ◽  
Vol 24 (1) ◽  
pp. 29-45
Author(s):  
Alvine Longla Boma
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Framework ◽  
The State ◽  
African Countries ◽  
Public Authorities ◽  
The Public ◽  
Civil Society Organisations ◽  
Protection Of Human Rights ◽  
The Right

Civil Society organisations play key roles in African countries. This is not an exception in the Cameroonian dispensation. Indeed, the existence and operation of civil societies in this jurisdiction is legitimated by a 1990 law allowing the free formation of associations. Even though the state has the primary obligation to promote and protect human rights, there also exists a plethora of associations with the same interest. This paper is motivated by the state’s wanton failure in ensuring the enjoyment and fulfilment of the right. For one thing, the state has maintained a stronghold on the Civil Society through legislation which gives public authorities a leverage over human rights defenders. Moreover, an analysis of existing legal and institutional frameworks available to allow human rights non-governmental organisations thrive, leaves much to be desired. Findings reveal that though there are adequate laws and institutions which ensure the creation and functioning of Civil Society organisations in Cameroon, there are also contradictory laws which give the public authority an edge over these organisations and allow them to sanction the activities of some human rights defenders under the guise of maintaining public order. We argue that there should be adequate protection offered to human rights defenders as well as the relaxation of laws permitting public authorities to illegally sanction the activities of relevant non-governmental organisations.

scholarly journals THE INFLUENCE OF INSTITUTIONS OF A CIVIL SOCIETY ON ETHNOPOLITICAL PROCESSES DURING THE SYSTEMIC TRANSFORMATION OF RUSSIAN SOCIETIES (On the materials of Kabardino-Balkariya and Karachaevo-Circassia)

2017 ◽  
Vol 13 (3) ◽  
pp. 140-151 ◽  
Author(s):  
A I Tetuev
Keyword(s):  
Civil Society ◽  
Social Activity ◽  
Political Stability ◽  
Legal Framework ◽  
North Caucasus ◽  
Public Authorities ◽  
The Public ◽  
Political Processes ◽  
The North ◽  
Social Associations

The author of the article considers the process of formation and development of civil society institutions in Kabardino-Balkaria and Karachay-Cherkessia and their influence on ethno-political processes at various stages of modernization reforms in the post-Soviet Russia, analyzes the formation of regulatory and legal framework of non-commercial organization, the stages of development and the structure of civil society institutions in Kabardino-Balkaria and Karachay-Cherkessia. The article covers activity of public authorities, local government and social associations of the republics during the period of growth of centrifugal tendencies in the North Caucasus. The author analyzes attempts to realize various forms of self-determination, to conduct administrative and territorial transformations and considers the factors that negatively affect the ethno-political situation in the region. The author of the article presents the activity of republican institutions of civil society: public chambers, cultural and national centers and associations, youth and religious organizations, mass media, and studies the experience of public chambers in holding meetings where topical issues of socio-economic and public life of the republics were discussed, including those aimed at strengthening of ethno-political stability in the region. An effective form of taking into account the public opinion while developing management decisions is the participation of the Public Chamber in conducting public expertise of draft federal and regional laws. Special mention should be made of the activities of the Public Chamber for prevention of religious extremism. The work on generalization of the activities of religious associations for implementation of social programs and projects aimed at increasing the level of culture of interconfessional and interethnic tolerance among young people is to solve this problem. At the same time, there are some factors that impede the development of civil society institutions in the region. First of all, it is low social activity of citizens and the absence of principled civic position on a number of crucial issues. In conclusion, the author determines main perspective directions of the development of civil society institutions in the region.

scholarly journals The Role of Public Authorities During Mobilization

2018 ◽  
Vol 24 (2) ◽  
pp. 243-247
Author(s):  
Alexandru Stoian
Keyword(s):  
Armed Forces ◽  
Legal Framework ◽  
National Defense ◽  
Public Authorities ◽  
The Public ◽  
Global Context ◽  
National Values ◽  
High Level ◽  
Political Economic ◽  
The Military

Abstract Imposed by states in order to defend its own territory and national values during the time of crisis, mobilization of armed forces in a contemporary global context creates new challenges for the public authorities, designers of the national legal framework and for the military authorities. In this regard, extraordinary measures can be taken in political, economic, social, administrative, diplomatic, legal and military fields, planned and prepared in peacetime. The Romanian National Defense System consists of the forces intended for defense, the resources of the national defense and the territorial infrastructure and provides a stable foundation for all types of actions related to mobilization, as long as the procedures involved are implemented at a high level of efficiency

scholarly journals Activity Motivation for Public Councils Members of Executive Authorities of the Russian Federation Entities

2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Elena Bakhtairova
Keyword(s):  
Young People ◽  
Russian Federation ◽  
Current Status ◽  
Popular Front ◽  
Public Authorities ◽  
Public Control ◽  
The Public ◽  
Effective Instrument ◽  
The Russian Federation ◽  
Voluntary Basis

The article carries out a study of the current status of public councils in the executive authorities of the Russian Federation entities. Public councils appeared in 2014 as an instrument of public control, but during five years of their existence they failed to become an effective instrument of openness and accountability of the authorities to the civil society institutions. The article examines the experts opinions and the results of investigating the practice of public councils by the All-Russian Popular Front in the Russian Federation entities. The author analyzes the issue of motives and incentives of public councils members which are called upon to perform control of the activities of public authorities on a voluntary basis, brings forth the data on citizens involvement in volunteer activities. The analysis of the literature devoted to volunteers shows that this activity involves mainly young people. As they grow up, while keeping an active civil position, it is young people who can become participants of the public control and express their civil position exactly in this way, without the use of protest activity.

scholarly journals Audiovisual Media Regulation during the COVID-19 Pandemic - Measures Undertaken by the Romanian Authorities during the State of Emergency

2021 ◽  
Vol 10 (1) ◽  
pp. 65-75
Author(s):  
Zsolt Kokoly
Keyword(s):  
Legal Framework ◽  
The State ◽  
State Of Emergency ◽  
Legal Norms ◽  
The Public ◽  
Audiovisual Media ◽  
Media Regulation ◽  
Presidential Decree ◽  
Multiple Challenges ◽  
The Right

The present study aims to offer a review of measures taken by the Romanian authorities in the field of audiovisual media regulation during the state of emergency instituted in March 2020 following the COVID-19 outbreak. The legal framework has been adjusted, drawing both from extant norms, such as the 2003 Constitution of Romania, and from newly adapted legal norms such as the Presidential Decree declaring the state of emergency. Also, the competent authorities have been invested with additional powers, this being the case of the National Audiovisual Council and the National Authority for Management and Regulation in Communications. These institutions have faced multiple challenges regarding the clash between freedom of opinion and freedom of speech and the right to correct information of the public and the campaigns to counter misinformation.

scholarly journals Legal and institutional aspects that determine the dialog between public authorities and civil society organizations in the Republic of Moldova (part I)

2021 ◽  
pp. 30-47
Author(s):  
Liliana Palihovici ◽  
Keyword(s):  
Civil Society ◽  
Great Influence ◽  
Historical Analysis ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Public Authorities ◽  
Origin And Evolution ◽  
The Public ◽  
Republic Of Moldova ◽  
The Republic

CSOs are a key component of an open and democratic society as they play a key role in the strengthening of democracy and the rule of law, their dialogue with the public authorities being a precondition for this. By analyzing the development of dialogue between Moldovan CSOs and Central and Local Public authorities (CPA / LPA), I found that PA are not yet fully aware of the value of the dialogue, which is sporadic and guided by certain interests, that do not always coincide with the public interest. The key objective pursued by this research was to review the environment underlying activity and collaboration of the civil society from the standpoint of influence exerted by the internal and external factors that determine the core essence of the social environment, while paving and setting conditions for carrying out activities and collaboration between the civil society and public authorities. The paper aims to prove that more communication and collaboration between public authorities and civil society organizations, will likely result in a more inclusive, qualitative and focused act of governance. The author analyses and presents the existing decision-making systems and its consultation mechanisms with the civil society organizations in the Republic of Moldova, the existing opportunities for CSO’s involvement in the public policy making process and the actual practices. A number of research methods were used in the study, aimed at highlighting the particularities of the dialogue and cooperation between the public authorities (PA) and the CSOs, as part of the act of governance, studying the development over time and the influence of various social, economic and political factors on these processes. Thus, the historical analysis method to research the origin and evolution of the legal framework that regulates the dialogue and cooperation between PA and the CSOs was applied. It included analysis of the relevant laws, regulations and policies, together with existing reports and studies on the subject of research, in the Republic of Moldova. I found that public authorities are not yet fully aware of the value of the dialogue and the political factor is also of great influence, as in recent years there has been an increasing pressure on the civil society. The paper reflects the current situation in Moldova, which can be summarized as follows: a) there are no permanent mechanisms or platforms for cooperation and consultation, open to all. Civil society participation is limited to a small number of CSOs, and there are no incentives for the growth of CSOs. b) LPAs, compared to CPAs, enjoy a much higher level of ,,trust” from the society/community, but they rarely have the resources and skills to conduct a constructive dialogue with CSOs; c) there is a proven reluctance of the LPA/CPA to deepen the dialogue and cooperation with the civil society; d) The culture of participation is very weak as there is no perception that participation is an instrument of change. A number of recommendations in order to address the identified problems are listed.

scholarly journals Mental Health and Legal Review of Several Related Issues

Law and World ◽  
2021 ◽  
Vol 7 (4) ◽  
pp. 166-183
Keyword(s):  
Mental Health ◽  
Health Services ◽  
Research Problem ◽  
Legal Framework ◽  
Legal Norms ◽  
The Public ◽  
Legal Context ◽  
Additional Funding ◽  
Psychosocial Need ◽  
The Right

The research problem of this article will address the specific issues related to mental health in a legal context. The aim of the research is to outline established practices and show us the situation in this regard. To achieve this goal, legal norms are reviewed, both internationally and domestically. Also, cases from court and reports of the Public Defender of Georgia. Research has shown that protecting the right to health is problematic. In particular, mental health services are less accessible and comprehensive. Although the legal framework imposes certain requirements, in practice there are breaches that lead to human rights violations. In particular, the current research revealed violations of the right to life and health. As well as facts of torture and inhuman treatment, both nationally and internationally. This article concludes by suggesting ways to address the problem, such as accessing additional funding for health services, with more controlled monitoring that will tightly control the enforcement of legal requirements. Based on the principle of the welfare state, the state should provide services that do not put people in a psychosocial need in a worse position. Finally, it should be noted that as a result of the research, specific issues related to mental health were identified, which were reviewed in a legal context. The practices that exist in the international and national levels were highlighted.

Innovative activity of enterprises as a measure of competitiveness of Russia

10.12737/432 ◽  
2013 ◽  
Vol 1 (1) ◽  
pp. 16-23 ◽  
Author(s):  
Кальянов ◽  
Aleksandr Kalyanov
Keyword(s):  
Economic Development ◽  
Legal Framework ◽  
Policy Innovation ◽  
Public Authorities ◽  
The Public ◽  
Technology And Innovation ◽  
Science Technology ◽  
Favorable Conditions ◽  
Science Technology And Innovation ◽  
Important Form

It is shown that an increase in the competitiveness of Russia is impossible without an increase in the prestigious science and technology and innovation, and its inclusion among the top priorities. An important form of support from the public authorities should be to develop the legal framework of innovation and adoption of legal acts aimed at creating an enabling environment for innovative economic development. This should include the evelopment and improvement of the legislation in order to create a unified state policy innovation and creating favorable conditions for the development of science, technology and innovation, including its stimulation.

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