scholarly journals Insolvency judges meet strategic behaviour: A comparative empirical study

2020 ◽  
Vol 27 (2) ◽  
pp. 158-177
Author(s):  
Gijs van Dijck ◽  
Ruben Hollemans ◽  
Monika Maśnicka ◽  
Catarina Frade ◽  
Lorenzo Benedetti ◽  
...  
Keyword(s):  
The Netherlands ◽  
Empirical Study ◽  
Case Law ◽  
European Countries ◽  
Legal Study ◽  
Strategic Behaviour ◽  
Case Allocation ◽  
Efficiency And Effectiveness

This article reports the results of a comparative empirical legal study that analyzed (1) strategic behaviour by actors in insolvencies that is salient to insolvency judges and (2) how insolvency judges respond to such behaviour. After examining four different European countries, namely Italy, the Netherlands, Poland, and Portugal, the study reveals how differences regarding case allocation, judge – insolvency practitioner (IP) interaction, and remuneration and case financing can result in strategic behaviour on both the side of the judges and the IPs. From this, it follows that improving the efficiency and effectiveness is not merely a matter of implementing legislation and case law, but that it also requires a look into the dynamics between insolvency judges, IPs, and other actors in the insolvency process.

scholarly journals Protecting working welfare recipients through human rights experimentalism

2021 ◽  
pp. 1-19
Author(s):  
Elise Dermine ◽  
Anja Eleveld
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Empirical Study ◽  
Social Assistance ◽  
Case Law ◽  
Welfare Recipients ◽  
International Human Rights ◽  
Changing Environment ◽  
Gender Neutral ◽  
International Human

Abstract In this paper, we adopt an experimentalist approach to determining the content of international human rights for assessing national mandatory work programmes for recipients of social assistance (MWPs). This approach implies going back and forth between law and experience in order to determine the better way to secure human rights in an ever-changing environment. After having identified six criteria for evaluating MWPs in the soft case-law of international bodies, we confront this emerging international human rights framework with an empirical study on MWP practices in the Netherlands. This confrontation reveals that specific aspects of the capability for voice of working welfare recipients are absent in the human rights framework and that the framework is not gender-neutral. Including these aspects, we construct an experimentalist human-rights-based instrument that is suitable for evaluating national MWPs.

Temporary nature: Is European nature conservation law ready for it?

elni Review ◽  
2011 ◽  
pp. 104-111
Author(s):  
Hendrik Schoukens
Keyword(s):  
Nature Conservation ◽  
The Netherlands ◽  
Conservation Law ◽  
Breeding Site ◽  
Case Law ◽  
European Countries ◽  
Pioneer Species ◽  
Protected Species ◽  
Human Dynamics ◽  
European Directives

In Western European countries like Belgium and the Netherlands several 10.000 hectares of land lie unused every year, awaiting their residential, infrastructural or industrial purpose. Usually it takes a number of years before the spatial designation of such areas is finally implemented. In the meantime these areas exert a strong attraction on certain rare pioneer species, such as Natterjack Toads and Common Terns, which are benefited by human dynamics. However, to avoid the judicial restrictions which could be attached to the presence of such protected species, landowners and developers try to keep nature off their sites, by for instance intensive mowing or regular ploughing. The concept of temporary nature marks a shift in thinking about nature conservation. Instead of preventing the development of a valuable habitat or breeding site from the very beginning, the decision could also be taken to temporarily allow nature to develop on these parcels of ‘valuable’ land. In this article the author first highlights the results of the application of current nature conservation law on a situation of temporary nature conservation, building on earlier research. In addition, he analyses some recent national case law with respect to temporary nature. Also, some general remarks on the adaptability of nature conservation law for temporary nature are made. The focus mainly lies on the Belgian (Flemish) situation, but, as temporary nature is already being applied in the Netherlands, reference is also made to this practice, too. Given the fact that the applicable nature conservation law in both countries consists mainly in an implementation of the European Directives, the conclusions of this contribution can also serve as an example for other European countries.

PLACE OF JUDICIAL PRECEDENT IN THE LEGAL SYSTEM OF THE RUSSIAN FEDERATION

Globus ◽  
2020 ◽  
Author(s):  
Marina Sharifovna Kiyan ◽  
Viktoriya Valerevna Klimentenko
Keyword(s):  
Russian Federation ◽  
Legal System ◽  
Case Law ◽  
Major Focus ◽  
Legal Study ◽  
Theoretical Approaches ◽  
The Russian Federation

This article discusses a comprehensive theoretical and legal study of the place of case law in the system of sources of law of the Russian Federation. The major focus is devoted to the analysis of various theoretical approaches and court acts that allow to determine the role of case law in the Russian legal system. The conclusion is made that it is necessary to define legally the role of case law and determine its place in the Russian legal system

MAIN SPECIFICATIONS OF ASSESSING ACTIVITIES OF MINOR IMPORTANCE OF IN MODERN CRIMINAL LAW

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 83-95
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Case Law ◽  
Criminal Code ◽  
The Other ◽  
European Countries ◽  
Minor Importance ◽  
Detailed Review

The research includes the full and the detailed overview of assessing activities of minor importance in Georgian Criminal Law. The Article 7 of the Criminal Code of Georgia states the following: a crime shall not be an action that, although formally containing the signs of a crime, has not produced, for minor importance, the prejudice that would require criminal liability of its perpetrator, or has not created the risk of such harm. The research includes the main criteria of defining activities as activities of minor importance. The detailed review of Georgian case law is also introduced, as well as, legislation, judicial literature and experience of the other European countries.

scholarly journals Housing spaces in Europe: a comparative analysis of standards in nine European Countries

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
M Raffo ◽  
L Appolloni ◽  
D D'Alessandro
Keyword(s):  
The Netherlands ◽  
Indoor Air Pollution ◽  
Well Being ◽  
European Countries ◽  
Living Room ◽  
Wide Variability ◽  
Economic Trends ◽  
Minimum Height ◽  
Social Environmental ◽  
Housing Standards

Abstract Introduction In recent years, Public Health devoted a growing interest to housing conditions. In particular, housing dimensions and functional characteristics are relevant, mainly considering population ageing and disability. Aim of the study is to compare housing standards of some European countries to analyse their ability to satisfy new population needs. Methodology The dwellings dimensional standards of 9 European countries (Sweden, UK, Denmark, The Netherlands, France, Germany, Portugal, Spain and Italy) are compared. From the websites of the official channels of the various countries the regulations have been downloaded. The standards have been compared. Results A wide variability in the dimensions of room among the standards is observed (e.g. single room: from 9 sqm in Italy, to 7 sqm in France, to the absence of any limit in UK, Germany - Hesse and Denmark). Italian and French regulations define housing dimension considering the room use (eg. bed or living room) and the number of people. The Swedish regulation provides performance requirements and functional indications but does not specify the minimum dimensions of habitable rooms. The rooms' minimum height varies between the standards. In Italy and Portugal, the minimum height of the ceiling is intended to be 2.70 m, while in the other nations the minimum heights vary from 2.60 m in the Netherlands to no limit in UK. Conclusions A diverse approach among European Countries is observed: from a market-oriented logic (e.g., UK), in which minimum dimensions are not defined, to a prescriptive one (Italy), to a functionality-oriented (the Netherlands). The regulations of some Countries are health-oriented especially for most fragile social classes, since, defining larger dimensional standard, they reduce the risk of overcrowding, indoor air pollution and mental distress. However, considering the health, social, environmental and economic trends, many of these standards should be revised. Key messages Optimal housing standards promote the health and well-being of occupants. Healthy housing, healthy people.

scholarly journals Environmental Citizenship and Energy Efficiency in Four European Countries (Italy, The Netherlands, Switzerland and Hungary)

2020 ◽  
Vol 12 (3) ◽  
pp. 1154
Author(s):  
Ibolya Czibere ◽  
Imre Kovách ◽  
Gergely Boldizsár Megyesi
Keyword(s):  
Energy Efficiency ◽  
The Netherlands ◽  
Energy Use ◽  
European Countries ◽  
Linear Regression Models ◽  
Financial Barriers ◽  
Self Identity ◽  
Horizon 2020 ◽  
Number Of Factors ◽  
The Social

In our paper we aim at analysing the social factors influencing energy use and energy efficiency in four different European countries, using the data from the PENNY research (Psychological social and financial barriers to energy efficiency—Horizon 2020). As a part of the project, a survey was conducted in four European countries (Italy, The Netherlands, Switzerland and Hungary) to compare environmental self-identity, values and attitudes toward the energy use of European citizens. Previous research has examined the effect of a number of factors that influence individuals’ energy efficiency, and attitudes to energy use. The novelty of our paper that presents four attitudes regarding energy use and environmental consciousness and compares them across four different regions of Europe. It analyses the differences between the four attitudes among the examined countries and tries to understand the factors explaining the differences using linear regression models of the most important socio-demographic variables. Finally, we present a typology of energy use attitudes: four groups, the members of which are basically characterised by essentially different attitudes regarding energy use. A better understanding of the diversity of energy use may assist in making more accurate policy decisions.

New Sources for Social and Demographic History: The Belgian Population Registers

1978 ◽  
Vol 2 (2) ◽  
pp. 121-143 ◽  
Author(s):  
Myron P. Gutmann ◽  
Etienne van de Walle
Keyword(s):  
Nineteenth Century ◽  
The Netherlands ◽  
United Nations ◽  
Demographic History ◽  
European Countries ◽  
Population Register ◽  
Exact Match ◽  
German States ◽  
Belgian Population

In 1853, the First International Statistical Congress unanimously voted a resolution recommending the establishment of population registers in every country: It is indispensable to establish in each commune a population register. Each household will occupy one page. The first inscriptions will be entered according to the information provided by the general census, and all mutations that will occur in the composition of households will be noted successively and in order. Administrative measures will provide for the assessment of changes in legal residence, in order that there may be an exact match between the persons crossed out and the new inscriptions.Such a register has existed in Belgium since 1846. No other country except Sweden, Finland, and Hungary had much experience with such documents in 1853. The resolution was nevertheless ratified in successive International Congresses, but there was no rush to implement it. Several European countries followed suit, including small German states, the Netherlands in 1856, and Italy in 1864. According to a recent United Nations survey, eleven European countries have population registers that trace their origins to the nineteenth century or before: Belgium, Czechoslovakia, Finland, Germany, Hungary, Italy, Luxemburg, the Netherlands, Spain, Sweden, and Switzerland.

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