scholarly journals Surrogacy and Heterologous Fertilisation on the move

Bioethica ◽  
2016 ◽  
Vol 2 (1) ◽  
pp. 39
Author(s):  
Antonios Tsalidis (Αντώνης Τσαλίδης)
Keyword(s):  
Assisted Reproduction ◽  
Ethical Issues ◽  
Legal Framework ◽  
The Public ◽  
First Child ◽  
Children And Parents ◽  
German Legislation ◽  
Reproductive Tourism ◽  
The Law ◽  
Legal And Ethical Issues

Since the day when the first child was born with the aid of assisted reproduction (Louise Brown), the scientific community has always been interested in the implementation and the application of assisted reproduction methods. Although these methods help people around the globe to become parents, they may cause serious health risks, raising at the same time crucial legal and ethical issues. Moreover, the aforementioned issues deepen further due to the development of "reproductive tourism" since people travel to countries where the law permits the application of methods that are prohibited in their home country, thus circumventing the law. This situation can be perilous for the parties involved and evoke serious social and legal issues. Most major issues will be outlined by this comparative study of Greek and German legislation by examining surrogacy and heterologous fertilisation, a field where most delicate situations arise. Last but not least, the need of a common European legal framework, which will protect the public health and the rights of children and parents, is undeniable.

The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

scholarly journals Local Self-Government in the Public Government System: A New Constitutional Dimension

2020 ◽  
Vol 10 ◽  
pp. 23-26
Author(s):  
Oleg A. Kozhevnikov ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Framework ◽  
Constitutional Court ◽  
Public Power ◽  
The Public ◽  
System A ◽  
International Obligations ◽  
The Russian Federation ◽  
The Law

The article analyzes certain provisions of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public power” in terms of regulatory regulation of local self-government. According to the analysis the author comes to the conclusion that with the entry into effect of the mentioned legal act the content of individual elements of the constitutional-legal bases of local self-government will change, but the nature and scope of modifications in many respects will depend on the provisions of the rules of sectoral legislation aimed at implementing the relevant provisions of the Constitution. In this regard, the Federal legislator has a huge responsibility to create an “updated” legal framework for the implementation of the constitutional foundations of local self-government, taking into account the already established law enforcement practice, the positions of the constitutional court of the Russian Federation, as well as the state's international obligations under the European Charter on local self-government.

The order of property realisation in bankruptcy (insolvency) procedure under the law of Ukraine and Germany

2021 ◽  
Vol 28 (4) ◽  
pp. 210-222
Author(s):  
Oleksandr D. Sviatotskyi ◽  
Rodion B. Poliakov
Keyword(s):  
Legal Framework ◽  
Legal Analysis ◽  
Electronic Trading ◽  
Trading System ◽  
Legal Study ◽  
Judicial Practice ◽  
Legal Provisions ◽  
German Legislation ◽  
The Law ◽  
The Right

The article represents a comparative legal study of the specifics of the order of debtor's property realisation in the bankruptcy procedure under the law of Ukraine and Germany through the application of hermeneutic (used in accessing the essence of the legal framework and judicial practice); axiological (in determining the evaluative base) along with phenomenological (and the nature of the phenomena); systematic (modeling of the functioning systems) methodological toolkit. The authors emphasise the importance of legal provisions governing the sale of the debtor's property, due to the natural proximity of this stage of the competitive process to the financial component, which, in turn, is inevitably associated with various abuses. An electronic trading system had been recently introduced in Ukraine, on which therefore many hopes and expectations were relied upon. However, the electronic trading system did not cope with tasks set, and many new problems were added to the old ones. The article states that the existence of problematic issues in the procedure of bankrupt property realisation is confirmed, in particular, by the court practice. However, judicial practice in itself often becomes a source of problems. The article pays special attention to the German legislation, which uses a radically opposite model of property sale in insolvency proceedings. The authors justifiably propose to make certain changes to the Ukrainian legislation, by using the positive experience of Germany. As a result of a comparative legal analysis of the legislation of Ukraine and Germany, the authors provide ways of solving the raised issues in the article. The implementation of the recommendations submitted within this comparative-legal study should improve the quality of bankruptcy proceedings, reduce the number of abuses by insolvency trustees, as well as protect the rights and property interests of competitive creditors and creditors with the right of separate satisfaction

scholarly journals Compliance Issues with Public Procurement Regulations in Ghana

2019 ◽  
Vol 14 (5) ◽  
pp. 1 ◽  
Author(s):  
Godwin Uzoma Chikwere ◽  
Simon S. K. Dzandu ◽  
Mawuko Dza
Keyword(s):  
Public Procurement ◽  
Sampling Technique ◽  
Simple Random Sampling ◽  
Legal Framework ◽  
Public Institutions ◽  
P Value ◽  
Public Officials ◽  
The Public ◽  
Political Interference ◽  
The Law

This study examines compliance issues with public procurement regulations in Ghana. The simple random sampling technique was used to draw a sample size of 100 practitioners from public institutions in Ghana. The collected data were analysed using descriptive and inferential statistics. The study revealed that although public procurement entities in Ghana have made some strides in improving compliance levels with the public procurement law, majority of public institutions disregard their management systems and contract management processes among others. The study indicates that familiarity (p-value = 0.020) though inversely related, incompetence (p-value =0.023), political interference (p-value =0.000) and poor monitoring (p-value =0.010) were significant factors in explaining non-compliance with the legal framework of public procurement in Ghana. The research further discovered that officials in charge of public procurement flout the rules and regulations with impunity. To address the issue of non-conformance by public officials, it is imperative for the Public Procurement Authority to desist from embarking on what could best be described as selective justice and apply the law equally on all non-conforming public institutions. The authority must also strengthen its monitoring systems to ensure that offenders are apprehended and adequately sanctioned according to the law.

Treason, Seditious Libel, and Literature in the Romantic Period

2016 ◽  
Author(s):  
Jon Mee
Keyword(s):  
Print Culture ◽  
Legal Framework ◽  
The State ◽  
Romantic Period ◽  
General Anxiety ◽  
The Public ◽  
Public Events ◽  
Visible Part ◽  
The Law ◽  
The Aesthetic

This article examines the effects of the unprecedented number of prosecutions for political opinion in the 1790s and afterward on romantic period literature. The chief instrument for these prosecutions was the law on libel. This legal framework placed a premium on various forms of metaphor, irony, and allegory, which the Crown had to construe as concrete libels in any prosecution. Many trials became major public events, a visible part of the period’s print culture, widely reported in newspapers and eagerly consumed by the public in a variety of media. The courtroom provided a theater of radical opinion in which defendants could publicize their views and mock the authority of the state. The pressure exerted on writers by the law on libel also conditioned a more general anxiety and may even have influenced developing ideas of the autonomy of the aesthetic.

Issues in the doctor–patient relationship

2021 ◽  
pp. 147-176
Author(s):  
Anna Smajdor ◽  
Jonathan Herring ◽  
Robert Wheeler
Keyword(s):  
Advance Directives ◽  
Ethical Issues ◽  
Mental Capacity ◽  
Best Interests ◽  
Medical Professionals ◽  
Patient Relationship ◽  
Doctor Patient Relationship ◽  
The Law ◽  
Legal And Ethical Issues

This chapter explores a range of legal and ethical issues involved in the doctor-patient relationship. It emphasises the need to ensure a doctor has consent before treatment. The law on the test for mental capacity and the meaning of consent is set out. Doctor’ duties to disclose risks associated with treatment are described. The legal and ethical treatment of advance directives are explained. The chapter also explains how medical professionals should treat patients who cannot consent and how a best interests assessment should be performed. It also addresses the question of when a child can give effective consent and the law regarding children who refuse treatment.

scholarly journals Planning an accessible expo 2020 within Dubai’s 5 star hotel industry from legal and ethical perspectives

2016 ◽  
Vol 2 (1) ◽  
pp. 88-94 ◽  
Author(s):  
Stephanie Morris ◽  
Scolah Kazi
Keyword(s):  
United Arab Emirates ◽  
Design Methodology ◽  
Ethical Issues ◽  
Hotel Industry ◽  
People With Disabilities ◽  
Legal Framework ◽  
Content Type ◽  
Regulatory Scheme ◽  
The Impact ◽  
Legal And Ethical Issues

Purpose The purpose of this paper is to provide an understanding of the accessibility laws currently in effect in the United Arab Emirates and, specifically, Dubai. Further, it recommends methods of integrating accessible hospitality and tourism in Dubai with core legal and ethical direction in preparation for EXPO 2020. Design/methodology/approach Review of current legislation and analysis of interpretation by industry providers was used to illustrate the impact on the current accessibility environment in Dubai and to recommend a revised regulatory scheme. Findings The paper explains how legal and ethical issues have influenced the planning and building of 5 star hotels in Dubai, and offers recommendations for amendments and additions to the region’s current laws that address needs of people with disabilities (PwD). Originality/value Little research has been conducted in the region concerning the rights and needs of PwD. The paper significantly contributes by demonstrating how an ethical and legal framework will address the needs of PwD thereby aiding in Dubai’s successful hosting of EXPO 2020. This contribution is notably opportune in view of the anticipated changes in applicable legislation.

scholarly journals Family members, ambulance clinicians and attempting CPR in the community: the ethical and legal imperative to reach collaborative consensus at speed

2020 ◽  
pp. medethics-2020-106490
Author(s):  
Robert Cole ◽  
Mike Stone ◽  
Alexander Ruck Keene ◽  
Zoe Fritz
Keyword(s):  
Clinical Practice ◽  
Cardiopulmonary Resuscitation ◽  
Ethical Issues ◽  
Family Members ◽  
Legal Framework ◽  
The Law ◽  
Personal Perspectives ◽  
Professional Guidance ◽  
Deceased Individual

Here we present the personal perspectives of two authors on the important and unfortunately frequent scenario of ambulance clinicians facing a deceased individual and family members who do not wish them to attempt cardiopulmonary resuscitation. We examine the professional guidance and the protection provided to clinicians, which is not matched by guidance to protect family members. We look at the legal framework in which these scenarios are taking place, and the ethical issues which are presented. We consider the interaction between ethics, clinical practice and the law, and offer suggested changes to policy and guidance which we believe will protect ambulance clinicians, relatives and the patient.

scholarly journals The legality of the “share” in the billing of the public water supply and sewage service

2021 ◽  
pp. 129-135
Author(s):  
Liliana Belecciu ◽  
◽  
◽  
Keyword(s):  
Drinking Water ◽  
Water Supply ◽  
Legal Framework ◽  
Public Utility ◽  
Public Water Supply ◽  
Illegal Activity ◽  
The Public ◽  
Territorial Unit ◽  
Public Drinking Water ◽  
The Law

The public water supply and sewerage service includes the totality of activities of public utility and general economic and social interest carried out for the purpose of the collection, treatment, transportation, storage and distribution of drinking water on the territory of the administrative-territorial unit, as well as for the purpose of the collection and purification of wastewater. This service is regulated, in particular, by the Law on public water supply and sewerage service No. 303/2013. The object of the law represents the creation of the legal framework for the establishment, organization, operation, regulation and monitoring of the public drinking water supply and sewerage service in the conditions of accessibility, availability, reliability, continuity, competitiveness, transparency, respecting quality, safety and environmental protection. Everything that exceeds these activities is not subject to the regulation of the Law No. 303/2013. And the application of the “share” is an illegal activity that is punishable in accordance with the legislation in force.

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