scholarly journals From the Persuasion of Theory to the Certainty of Law

2018 ◽  
Vol 5 (2) ◽  
pp. 179-202 ◽  
Author(s):  
Saleh Al-Sharieh ◽  
Jeanne Mifsud Bonnici

This paper analyses the legal bases of community policing under European Union (EU) law and the national laws of England, France, Germany, Italy, Romania and Portugal. Community policing arguably helps the police achieve efficient policing while respecting the requirements of the rule of law, a founding value of the EU, and can be a form of co-operation between the EU Member States under the EU legal framework for crime prevention. Moreover, the law in the selected jurisdictions supports four elements of the community policing model: (1) the public-police partnership in establishing policing strategies and priorities; (2) the public-police partnership for crime prevention and detection; (3) proactive and preventive policing; and (4) the police as providers of high quality services tailored to improve people’s quality of life. These elements are interrelated and interdependent: their holistic legal articulation is necessary for their effective existence.

2015 ◽  
pp. 213-224
Author(s):  
Tobias Woldendorp

The article focuses on the sense of security as a very important element affecting the quality of life and its improvement. Attention was drawn to crime and security in public space, which, is used by old people. The aim of the study is to use the CPTED methodology – Dutch solutions in the field of crime prevention such as architectural, urban and green design. The main criteria used in the method is visibility, accessibility, attractiveness and territoriality. Observations and analysis on the use of this method were conducted by the author on the high-rise (real estate) in Łódź-Widzew.


2020 ◽  
pp. 47-63
Author(s):  
MARIETA SAFTA

This study addresses a component of the constitutionalization process at the Union level, namely the act of justice, considering its importance for the evolution of the constitutionalization process. The significance and importance of the constitutionalization of the act of justice are analyzed, as well as the premises and mechanisms of the constitutionalization of the act of justice in the European Union, with particular reference to the jurisprudence of the Romanian Constitutional Court. In this context, the control of constitutionality appears as a decisive modeling factor of the normative action of the legislator and even of the public policies. The constructive dialogue – if we refer to the two legal orders, national and supranational – is all the more necessary, being noticeable the key role played by national courts – and in particular constitutional courts – in defending the rule of law in the European Union, including through their collaboration with the CJEU in cases and through the instruments provided for in the Constitutions and the Treaties.


2018 ◽  
Vol 1 (2) ◽  
pp. 32-46
Author(s):  
Handi Rustandi ◽  
Hengky Tranado ◽  
Tinalia Pransasti

This study aimed to describe the factors that affect the quality of life of patients with CRF who undergo hemodialysis in dr. M. Yunushospital in Bengkulu 2016. The population of study is 205 people, the sampling technique used was an accidental sampling with a sample of 67 respondents.The results showed nearly all respondents aged smaller than 20 and greather than 35 years, more than the majority of respondents were female, more than the majority of respondents had pretty income or more, almost half of respondents had high levels of depression, more than the majority of respondents had either the family support, more than the majority of respondents had a high quality of life, there was a correlation between age, gender, producer, depression, and family support with quality of life, there was a relationship between sex with the quality of life for CRF patients undergoing hemodialysis in dr. M. Yunus Hospital in Bengkulu 2016.It is advisable for the public to provide health education for families of patients with CRF who undergo hemodialysis therapy on the importance of family support in improving the quality of life of family members. Keywords: Accidental Sampling, Chronic Kidney Disease, Hemodialysis, Quality of Life.    


2021 ◽  
Vol 25 (1) ◽  
pp. 33-62
Author(s):  
Dimitry Vladimirovich Kochenov

This article provides a brief critical assessment of the European Commission’s January 2019 “Report on Investor Citizenship and Residence Schemes in the European Union”. Since it is the firs detailed document by the Commission outlining this institution’s position on the matters of investment residence and citizenship, and given the Commission’s recently articulated intentions to take Cyprus and Malta to Court over their investment migration law and practice, the Report in question is of paramount importance. The document sets the legal-political context of the regulation of the migration of wealthy third-country nationals in Europe. It is also deeply fl awed. Rather that summarising the document, this article focuses on fi ve core defi ciencies of the Commission’s embarrassing product and demonstrates how the Commission failed to get the EU’s own law right, in addition to showing a poor understanding of international law on the matter. Ripe with nationalist assumptions not rooted in the Treaties or the secondary law of the Union and showcasing a timid, convoluted and inconsistent analysis of the issues it purports to address, the Report has unsurprisingly failed to change the landscape of regulation in the field of investment citizenship and residence in the EU or anywhere else in the world. What it did make clear, however, was that the mere political suspicion of a particular type of naturalisation is enough for the European Commission to set aside the law and misinform the public, underlying once again the problematic tension between the growing political nature of this institution and its key task as guardian of the Treaties. There is a burning need for the Commission to take a more careful, coherent and informed approach to its actions, an approach indispensable for the preservation of the rule of law in the Union.


2019 ◽  
Vol 52 (1-2) ◽  
pp. 74-89
Author(s):  
Roman Melnyk ◽  
Anna Barikova

Institutional, teleological and consensual blockchain jurisdiction manifestations have been articulated in the activities of the public administration concerning interventional, contributory, protective, delegated, executive and efficient public administration. The authors have revealed the service format of functioning and synergy of the cross-border interaction of public administration within horizontal and vertical relations with the subjects of public and private law. Legitimacy of transformational remodelling of power, as well as the specifics of the values intercourse in information and traditional societies in the framework of implementing the powers of cross-border public administration through the simulation category. The paper highlights the functioning dynamics of cross-border public administration in the external and internal dimension in terms of using such instruments of public administration, as regulatory and administrative acts, acts-plans, acts-actions, administrative contracts. Fundamental influence of technological innovations on the public service activities of public administration has been proved in a transboundary perspective to achieve the rule of law, the maximum legal certainty of streamlining the process of public governance. Institutionalization of the synergetic paradigm has been established for using the tools of public administration within the blockchain jurisdiction to properly implement the cross-border competence of public administration, which will contribute to the adaptation of national law to the supranational legal framework. The authors have specified that, with proper implementation of the competence of cross-border public administration within the blockchain jurisdiction, there is a ‘self-propelled’ system with a measurable number of variables for institutionalization of such an organizational structure, which could be self- reproducible in the presence of corresponding internal and external links with the allocation of order parameters


Author(s):  
Julián Torrado Sancho

Los procesos de transformación en la Gestión Pública han actuado en las funciones y organización de la Administración, produciendo cambios que han afectado tanto a las relaciones entre el ámbito público y privado, en el seno de los poderes públicos y sus órganos administrativos, como entre los procedimientos técnicos y jurídicos que los conforman. Una revisión de estos fenómenos lleva a la necesidad de realizar un estudio más profundo y objetivo acerca del papel del marco jurídico público y, especialmente, el régimen jurídico administrativo, ante la necesidad de abrir nuevos enfoques y perspectivas sobre la situación del Estado de Derecho.The transformation processes in public management have acted on the functions and organization of the administration, producing changes that have affected both the relationships between the public and private, within public authorities and administrative bodies, and between technical and legal procedures that conform. A review of these phenomena leads to the need for a more thorough and objective study on the role of public legal framework, especially the administrative legal system, given the need to open up new approaches and perspectives on the status of the rule of law.


Author(s):  
Shannon C. Stimson

This article examines the relation between the rule of law and constitutionalism. It attempts to provide a better understanding of the ambiguous construct of the rule of law which still remains in the public imagination as a formative part of political discourse. It analyses the role of the rule of law within the constitutional structure of a progressively more formalized European Union or within the more recently constituted post-communist states of Eastern Europe and considers the manner in which some contemporary jurisprudential and political thinkers have considered the rule of law.


2020 ◽  
Vol 26 (2) ◽  
pp. 224-227
Author(s):  
Gabriela A. Popoviciu ◽  
Emanuela-Iulia Henț ◽  
Mircea-Sebastian Mancia ◽  
Aurora Mancia

AbstractThe execution of the reform in the public administration and its foundation on the democratic principles of the rule of law is an essential element of the economic-social reform in Romania. For this we have at hand the legal regulations of the European Charter from Torremolinos (May 20, 1983, Spain) and the Territorial Agenda of the U.E. (Leipzig, May 24-25, 2007). Those consist that territorial cohesion envisages a more special type of relationship, based on solidarity, such as solidarity between territories and regions, or between local and regional. This, according to the aforementioned regulations, should involve ensuring better living conditions and quality of life, oriented towards local and regional potential, regardless of where people live - either in the area of central Europe or on the outskirts of Europe. In this paper, we will start from Europe’s model, from its regions, from the possible cohesion between its territories, and we will focus mainly on the resources available to the cohesion of the inhabited areas of Romania. That is why, this paper attempts to present how, using the principles of organizing local authorities and authorities, means of cross-border cooperation can be established that will lead to a harmonization of interstate.


Author(s):  
Venelin Krastev Terziev ◽  
◽  
Marin Petrov Georgiev ◽  
Stefаn Marinov Bankov ◽  
◽  
...  

The independence of the Prosecutor General of any Member State of the European Union is extremely important with a view to comply with the legal framework and the rule of law. It lays the foundations of trust in the judiciary and the fundaments of statehood, creates a sense of law and legal order. That is why it is highly important in the context of the present to outline the control of the activity of the Prosecutor General in the exercise of his powers, clearly emphasizing that the Bulgarian Prosecutor General is not out of control in his powers. The legal powers of the Prosecutor General of the Republic of Bulgaria are even more limited than the powers of analogous figures in the legal systems of other EU countries. The Prosecutor General exercises his powers only in exceptional cases and according to previously prescribed legal procedures.


1994 ◽  
Vol 32 (4) ◽  
pp. 707-711 ◽  
Author(s):  
Charles Cullimore

The Government of Uganda headed by President Yoweri Museveni, which came to power in January 1986, has made impressive progress since then in bringing about peace and national reconcilication, and in restoring the rule of law. It has turned the economy round from what might be described as ‘free fall’ to steady growth, albeit still heavily dependent on foreign aid. It has returned expropriated properties to their Asian owners, and has begun to attract foreign investment. Above all it has restored hope and given Ugandans back their pride. These are no means achievements, and place the country firmly among the few in Africa in recent years which have managed to bring about a real improvement in the overall quality of life for their citizens, albeit from a very low base. This would in itself be sufficient reason for looking more closely at what has been happening there. But, after all the disappointments of the past, it is also legitimate to ask whether these dramatic improvements are likely to be sustainable.


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