scholarly journals Kierunki zmian w prawie o bezpieczeństwie morskim

2019 ◽  
pp. 103-121
Author(s):  
Justyna Nawrot
Keyword(s):  
Focus Of Attention ◽  
Legal Order ◽  
Private Law ◽  
Maritime Safety ◽  
Public And Private ◽  
Maritime Law ◽  
The Public ◽  
European Legislation ◽  
Ancient Times

The article tackles the issue of amendments to Polish maritime safety law which has been amended a number of times since it came to life several years ago. The last amendments of 2015 have been the most profound and complex. Today, maritime safety is given much more importance than several dozen years ago. The public and private aspects of maritime safety became the focus of attention rather recently but are now a branch of law that is developing the most dynamically. As has been shown in the paper, although private maritime law was already known in the Ancient Times, public-private law regulations were adopted only after the sinking of the Titanic in 1912. Still, it is not the private but the public aspects of maritime safety law which constitutes the major challenge. The abundance of international and European legislation ought to prompt the Polish legislator to consider a possible adoption of one comprehensive maritime safety act which would approach the whole matter in question in a systematic manner. The deliberations presented in the paper sum up the amendments to maritime safety law made so far. They are also an attempt to analyse the new legal order more deeply, and propose some more general de lege ferenda conclusions. The analysis is set in a wider context, taking into account the amendments introduced to international and EU regulations.

Yelling ‘Fire’ in a Crowded Occupation: Cynical Fire Hazard Claims and the Technocratic Containment of Dissent

2019 ◽  
Vol 29 (4) ◽  
pp. 549-573
Author(s):  
Honor Brabazon
Keyword(s):  
Public Space ◽  
Social Relations ◽  
Public Interest ◽  
Fire Hazard ◽  
Research Literature ◽  
Private Law ◽  
Public And Private ◽  
The Public ◽  
Private And Public ◽  
The Uk

While the privatisation of public space has been the subject of considerable research, literature exploring the shifting boundaries between public and private law, and the role of those shifts in the expansion of neo-liberal social relations, has been slower to develop. This article explores the use of fire safety regulations to evict political occupations in the context of these shifts. Two examples from the UK student occupation movement and two from the US Occupy movement demonstrate how discourses and logics of both private and public law are mobilised through fire hazard claims to create the potent image of a neutral containment of dissent on technical grounds in the public interest – an image that proves difficult to contest. However, the recourse to the public interest and to expert opinion that underpins fire hazard claims is inconsistent with principles governing the limited neo-liberal political sphere, which underscores the pragmatic and continually negotiated implementation of neo-liberal ideas. The article sheds light on the complexity of the extending reach of private law, on the resilience of the public sphere and on the significance of occupations as a battleground on which struggles over neo-liberal social relations and subjectivities play out.

scholarly journals A RESPONSABILIDADE ADMINISTRATIVA E CIVIL DE PESSOAS JURÍDICAS PELA PRÁTICA DE ATOS CONTRA A ADMINISTRAÇÃO PÚBLICA EM FACE DA LEI Nº 12.846/2013 “LEI ANTICORRUPÇÃO”

Percurso ◽  
2019 ◽  
Vol 2 (29) ◽  
pp. 240
Author(s):  
Horácio MONTESCHIO ◽  
Valéria Juliana Tortato MONTESCHIO ◽  
Giovana Zanete MONTESCHIO
Keyword(s):  
Strategic Planning ◽  
Public Administration ◽  
Legal Order ◽  
Business Practices ◽  
Private Companies ◽  
Public And Private ◽  
The Public ◽  
Administrative Control ◽  
The Relationship ◽  
Clear Objective

RESUMOCom a entrada em vigor da Lei nº 12.846/2013, também conhecida como Lei Anticorrupção, que entre os seus principais dispositivos buscam inovar o ordenamento jurídico pátrio ao disciplinar a responsabilidade administrativa e civil de pessoas jurídicas pela prática de atos contra a administração pública. A importância da legislação sobressai diante da busca de uma nova visão interpretativa e sancionatória com o claro objetivo de alcançar a redução da prática de atos de corrupção, tendo em vista que eliminar tão ignóbil e abjeta prática da realidade brasileira se mostra totalmente impossível. Em face do texto legal recentemente sancionado a Lei nº 12.846/13 passa a exigir que as empresas públicas e privadas venham a se adaptarem às inovações propostas. Como principal consequência da “Lei Anticorrupção” encontra se obrigatoriedade de implantação de mecanismos de prevenção e planejamento estratégico, a fim de monitorarem o relacionamento com a Administração Pública, com o intuito de evitar a aplicação das severas penalidades previstas. Por sua vez, os mecanismos inseridos na Lei anticorrupção tem o escopo de controlar as práticas empresariais, bem como consolidar a integridade das práticas de relacionamento entre as empresas, as quais permitirão alçar um novo patamar de cultura cidadã e ética no âmbito empresarial, que reverterá para toda a sociedade. PALAVRAS-CHAVE: Responsabilidade Civil e Administrativa; corrupção; complience; controle administrativo. ABSTRACT With the entry into force of Law No. 12,846 / 2013, also known as the Anti-Corruption Law, which among its main provisions seek to innovate the legal order of the country by disciplining the administrative and civil liability of legal entities for the practice of acts against the public administration. The importance of legislation stands out in the search for a new interpretive and sanctioning vision with the clear objective of achieving a reduction in the practice of acts of corruption, since eliminating such ignoble and abject practice of the Brazilian reality is totally impossible. In light of the recently enacted legal text, Law No. 12.846 / 13 requires that public and private companies adapt to the proposed innovations. As a main consequence of the "AntiCorruption Law", it is mandatory to implement prevention and strategic planning mechanisms in order to monitor the relationship with the Public Administration, in order to avoid the application of severe penalties. In turn, the mechanisms included in the Anti-Corruption Law have the scope to control business practices, as well as to consolidate the integrity of the relationship practices between companies, which will allow to raise a new level of citizen culture and ethics in the business sphere, which will revert for the whole society. KEYWORDS: Civil and Administrative Liability; corruption; complience; administrative control.

scholarly journals Viešoji ir privatinė teisė: pamatinės klasifikacijos problemos

Teisė ◽  
2012 ◽  
Vol 82 ◽  
pp. 120-132
Author(s):  
Arnas Stonys
Keyword(s):  
Private Law ◽  
Relevant Article ◽  
Public And Private ◽  
Systematic Analysis ◽  
The Public

Straipsnio tyrimo objektas – sisteminė teisės skirstymo į viešąją ir privatinę problematikos analizė. Siekiant jos universalumo atsiribojama nuo specializuoto tam tikrų šakų ir institutų tyrimo, ir pasitelkiant praktinius pavyzdžius siekiama atskleisti klasikinio klasifikavimo nepakankamumą šiuolaikinėje teisinėje tikrovėje. Atsižvelgiant į nustatytą problematiką, aktualus tampa ne tik skirstymo galimybių, bet ir jo poreikio klausimas. Straipsniu nesiekiama pateikti atsakymo, ar tikslinga teisę skirstyti į viešąją ir privatinę, bet įvardijamos skirtingos vertinimo galimybės ir su tuo susiję potencialūs padariniai.The object of the article is a systematic analysis of the problems occurring when separating public and private law. With the purpose of the versatility and without association to any specialized branches or institutes of law, the article is seeking to disclose insufficiency of the usual classification in contemporary legal reality by using the practical examples. In view of the indicated problems not only classification possibilities but also their necessity question becomes relevant. Article is not intending to give the answer if the classification into the public and private law is expedient but rather identifies different assessment possibilities and related potential consequences.

Application of the Rules of the Code of Obligations for Concession Contract Relations: Concession Contract on the Boundary between the Public and Private Interests

10.4335/52 ◽  
2009 ◽  
Vol 6 (2) ◽  
pp. 245-270
Author(s):  
Janez Ahlin
Keyword(s):  
Public Interest ◽  
Public Law ◽  
Public Private Partnership ◽  
Legal Order ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Private Interests ◽  
Legal Nature ◽  
Concession Contract

The special legal nature of the concession contract (as one of the legal transactions) which represents a legal framework where the public and private interests meet (two parties cooperate for mutual benefit) is characterised by intertwining of general rules of obligation law and special legal institutes that originate from the sphere of public law. The legal nature of the contractual relationships that arise between administrative and private entities requires special regulation of individual institutes that should reflect the public interest as an important guiding principle for concluding these contracts, and a special legal position of a public law entity as a holder of this public interest. Despite adoption of the new Public-Private Partnership Act in the legislative regulation of the concession contract that still remains variously regulated in previously adopted special provisions of sectoral laws, there are still some deficiencies and dilemmas that are more or less effectively dealt with in the contractual practice. For the legal positions that are classically civil at first sight, the legislator or court practice have laid down special modified rules of civil law in most developed countries. In the course of time, these rules became part of public law / administrative law. Thus, the French legal order has best developed the rules of the public contractual law and the legal institute of the administrative contract that the Slovenian administrative theoreticians try more and more to introduce also into our legal order. KEY WORDS: • concession contract • concession partnership • public-private partnership • public interest • party equality principle • law of obligations

scholarly journals Rethinking the Public-Private Law Divide in the Age of Governmentality and Network Governance

2018 ◽  
Vol 5 (2) ◽  
pp. 119-143 ◽  
Author(s):  
Lukas van den Berge
Keyword(s):  
Common Law ◽  
Modern Art ◽  
Public Law ◽  
Network Governance ◽  
Private Law ◽  
Public And Private ◽  
The Public ◽  
European Public ◽  
Present Context ◽  
Stateless Society

This article presents an analysis of the ways in which the public-private law divide is envisioned in French, English and Dutch law. First, it explains why French law’s tradition of regarding public and private law as ‘two separated worlds’ is now outmoded, failing to live up to the present trends of ‘governmentality’ and ‘network governance’ determining the modern art of government. Subsequently, it argues that the holistic idea of English ‘common law’ as French law’s conceptual counterpart is equally outmoded, with its ideology of ‘self-government’ within a ‘stateless society’ being out of touch with an age of managerialism and ‘governmentality’ in which the state withdraws from society only to increase its grip on societal processes. Finally, it proposes a paradigm recently developed in Dutch doctrinal thought as an attractive theoretical framework for structural innovations that may contribute to a stable and legitimate system of modern European public law that attunes to its present context without being alienated from its central classical tenets – be it either those rooted in the French or the English tradition.

scholarly journals The possibilities of consensual resolution of judicial conflicts with the Public Administration

2018 ◽  
Vol 18 (72) ◽  
pp. 31-50
Author(s):  
Gabriel Perlingeiro
Keyword(s):  
Public Interest ◽  
Judicial Review ◽  
A Priori ◽  
Public Law ◽  
Clear Understanding ◽  
Private Law ◽  
Public Authorities ◽  
Public And Private ◽  
The Public ◽  
Legal Studies

This text endeavors to define the theoretical limits of the capacities of the public administrative authorities to reach consensual solutions to disputes within the framework of judicial review. It is motivated by the lack of a clear understanding in Brazilian law of the border area between the legal relations of public and private law involving the public authorities, and the expressions “inalienable right” (or “inalienable interest”) and “public interest” as shown by the inexplicable asymmetry between what the public administrative authorities can do within a judicial proceeding and outside one. Based on a comparative study of common law versus civil law legal systems and an examination of the treatment of the subject in Brazilian statutes, case law and legal studies, this article reviews the relationship between the public interest and inalienability, demonstrating, in conclusion, that the possibility of the administrative authorities to enter into settlements or follow similar practices should not be rejected a priori, even in cases of public law. According to the author, there are three possible scenarios in which public administrative authorities may resort to consensual dispute resolution in the context of the judicial review: in private-law relationships, in public-law relationships with respect to the exercise of administrative actions prescribed by law and public-law relationships with respect to the exercise of discretionary powers.

10. Negligence: Duty of Care—Public Bodies

2017 ◽  
Author(s):  
Mark Lunney ◽  
Donal Nolan ◽  
Ken Oliphant
Keyword(s):  
Common Law ◽  
Public Law ◽  
Public Authority ◽  
The Political ◽  
Private Law ◽  
Public Authorities ◽  
Public And Private ◽  
The Public ◽  
Economic Considerations ◽  
Public Bodies

This chapter focuses on the negligence liability of public authorities. It discusses how negligence actions against public bodies may have both public and private law dimensions. The discussion of the public law dimension focuses on the mechanisms that have been employed in response to concerns about the political nature of some public authority decisions, and the fact that those decisions frequently involve the balancing of social or economic considerations, and the interests of different sections of the public. The discussion of the private law dimension of negligence actions against public bodies considers policy reasons for limiting the liability of public bodies and statutory responsibilities as a source of affirmative common law duties. The chapter concludes with a consideration of proposals for reform of the law in this area.

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