scholarly journals Inspection Regulation between General Procedural Codification and Field Specifics – a Case Study of Slovenia

2016 ◽  
Vol 7 (1) ◽  
pp. 1-17
Author(s):  
Polonca Kovač
Keyword(s):  
Public Interest ◽  
Role Model ◽  
Legal Protection ◽  
Case Law ◽  
Comparative Methods ◽  
The Public ◽  
Administrative Procedure ◽  
National Constitution ◽  
The Eu

Abstract Inspection, as the authoritative supervision of private liable persons to comply their activities with sector-specific laws, should ensure the full implementation of public policies. Slovenia adopted the Inspection Act (IA) in 2002, in order to conduct efficient inspection, and simultaneously guarantee the defence rights of the supervised parties pursuant to the fundamental principles of the EU, the national Constitution, and general Administrative Procedure Act. This article addresses the search for a balance between general codification and sector-related specifics as stipulated by the IA, applying normative, constitutional case law and comparative methods. Special attention is dedicated to the IA rules regarding participants, their legal protection and stages of respective proceedings. It has been concluded that the most of the IA specifics are justified in order to efficiently serve the public interest. This study reveals that the Slovene IA can represent a role model for efficient yet democratic supervision in other MS as well.

scholarly journals In the name of the public: Representatives of collective and wider interest of the public in administrative matters in Serbia

Pravni zapisi ◽  
2020 ◽  
Vol 11 (2) ◽  
pp. 504-531
Author(s):  
Jelena Jerinić
Keyword(s):  
Public Interest ◽  
Case Law ◽  
Legal Framework ◽  
Interested Party ◽  
The Public ◽  
Administrative Procedure ◽  
Active Approach ◽  
Legal Provisions ◽  
Direct Indication ◽  
Administrative Procedures

Serbian Law on General Administrative Procedure (LGAP) opened a possibility for broadening the standing in administrative procedures and administrative disputes, by inclusion of subjects representing collective interests and interest of the wider public - primarily, citizen associations and similar organizations. However, by failing to regulate a series of concrete issues, the Law places the administration and the Administrative Court before a challenge, demanding from them an extensive interpretation of not only LGAP's provisions, but other legislation already recognizing such organizations as AIDS in realization of the public interest. The author analyzes relevant legislation, as well as available administrative and court caselaw in search of these answers. The lack of explicit legal provisions could be balanced by a creative approach in practice, especially by the Administrative Court. Having in mind comparative solutions, the question arises whether it is necessary to regulate this category of potential parties separately or to link it more explicitly to the already existing notion of an interested party. Instead, completely new notions have been introduced - collective interests and the wider interests of the public - which are not or not consistently defined in Serbian law. The current, not so voluminous case law, shows that the administrative bodies need a more direct indication of the rules, i.e. a more explicit definitions of these terms. However, despite the restrictive legal framework, administrative bodies should be open to understanding the specific circumstances, i.e. the motivation that an organization has when it seeks standing. In the normative sphere, one of the solutions could be to envisage the analogous application of LGAP's provisions on the interested party. Other solutions could be sought in explicitly mentioning them in the provisions on right to appeal. The current formulations of LGAP do not provide sufficient guidance to the administration and an extensive interpretation would be a great challenge for them. An active approach of the Administrative Court could show the way for the administration toward and effective application of these provisions of LGAP.

Administrative Contracts in Serbian Law – Specificities of the New Statutory Regime

2020 ◽  
Vol 45 (1) ◽  
pp. 1-35 ◽  
Author(s):  
Marija Karanikić Mirić ◽  
Tatjana Jevremović Petrović
Keyword(s):  
Public Interest ◽  
Case Law ◽  
Practical Experience ◽  
The Public ◽  
Administrative Procedure ◽  
Public Purpose ◽  
General Rules ◽  
Rules And Principles ◽  
Private Entity ◽  
Definition Of

The subject of this paper is the special legal regime for administrative contracts under the recently enacted Serbian Law on General Administrative Procedure of 2016. We offer a comprehensive analysis of the new statutory rules, and examine their relationship to the general rules and principles of Serbian contract law. In addition, we identify the main shortcomings of the new regime, especially in the context of the lack of any statutory, scholarly and judicial typology of administrative contracts in Serbia. Furthermore, we highlight the lack of references to the notions of public interest, public purpose or public needs in the statutory definition of administrative contracts. This is cause for concern, since only the need to protect the public interest could justify the new statutory provisions, which significantly improve the contractual position of a public body as a contracting party in relation to the position of a private entity as the other party in administrative contracts. There is as yet no case law pertaining to administrative contracts in Serbia. This is why we turn to practical experience in the Croatian legal system, which is sufficiently similar and historically connected to Serbia via a shared Yugoslav heritage. We also consider German and French legal models, since they traditionally serve as comparative points of reference for Serbian legal scholars, judges and law makers.

scholarly journals The Service of Documents in Administrative Procedural Law – A Comparative Analysis

2018 ◽  
Vol 16 (2) ◽  
pp. 109-131
Author(s):  
Ines Golob
Keyword(s):  
Comparative Analysis ◽  
Public Interest ◽  
Comparative Research ◽  
Case Law ◽  
The Public ◽  
Administrative Procedure ◽  
Procedural Law ◽  
Different Types ◽  
Uniform Manner ◽  
Administrative Proceedings

This article presents a comparative and empirical analysis of the service or the delivery of documents in procedures, as the key procedural action to constitute legal effects in legal relationships. In Slovenia, service is largely defined by the three main procedural laws – the General Administrative Procedure Act, the Criminal Procedure Act, and the Contentious Civil Procedure Act. These relate to different types and specifics of relationships; for instance, in administrative proceedings, the public interest prevails over private ones. The presented research, applying predominantly normative and comparative methods and analysis of case law, aims to show the importance of the specificity of the different areas and of the rules of service in different proceedings. The results of the research suggest that in certain cases service should be regulated in a uniform manner. Yet the specific aims of various legal relations require individual solutions. Thus, the article opens up grounds for future comparative research and practical regulatory improvements.

scholarly journals The Anaemic Existence of the Overriding Public Interest in Disclosure in the EU’s Access to Documents Regime

2020 ◽  
Vol 21 (4) ◽  
pp. 686-701
Author(s):  
Daniel Wyatt
Keyword(s):  
Public Interest ◽  
Theoretical Perspective ◽  
Case Law ◽  
Public Access ◽  
Critical Examination ◽  
The European Union ◽  
The Public ◽  
Critical Commentary ◽  
Access To Documents ◽  
The Eu

AbstractAccording to Regulation 1049/2001, which creates the EU’s public access to documents regime, all EU documents should hypothetically be publicly accessible, except for those that fall within explicitly protected interests. A number of these exceptions to disclosure, however, function such that documents covered by them do not have to be disclosed if their release would harm a protected interest unless there is an “overriding public interest in disclosure” exists in the circumstances. The purpose of this Article is to offer a critical examination of this concept of the overriding public interest as interpreted by the Court of Justice of the European Union (CJEU). In the first part, the notion of the public interest generally is discussed from a theoretical perspective. Following this, a thorough analysis of case law concerning the overriding public interest is presented. Finally, this Article presents a critical commentary of the CJEU’s understanding of the concept. This Article essentially seeks to argue, inter alia, that the CJEU’s interpretation has resulted in democratically unaccountable bureaucrats of the EU effectively becoming the sole arbiters of the existence and content of the overriding public interest in disclosure under Regulation 1049/2001, a situation that is fundamentally unsatisfactory.

Case Study #4: Star Trek by Gene Roddenberry

Public Voices ◽  
2016 ◽  
Vol 13 (2) ◽  
pp. 143
Author(s):  
Ken Nichols
Keyword(s):  
Public Administration ◽  
Public Interest ◽  
World Wide ◽  
Star Trek ◽  
Government Organization ◽  
The Public ◽  
The Third ◽  
Gene Roddenberry ◽  
Common Goals

Star Trek began as a 1960s television series led by a swashbuckling starship Captain, an intellectual off-world first officer, and a multicultural, heart-of-gold crew. In the third of a century since its appearance on our home screens, the series Gene Roddenberry created has become a world-wide phenomenon.Star Trek is also a rich treasure trove of administrative literature: The setting — usually a starship, sometimes a planetary government organization. The characters are clearly delineated, colorful, share common goals, distinguish between their personal and professional roles and concerns, and serve well as archetypes for distinct organizational personalities. And the missions are clear, benevolent, in the public interest, and frequently controversial.As you watch an episode of one of the four Star Trek series, how many of these facets can you observe?That’s public administration, all right, but in a very different wrapper

scholarly journals The Principle of Sustainable Development as the Basis for Weighing the Public Interest and Individual Interest in the Scope of the Cultural Heritage Protection Law in the European Union

2021 ◽  
Vol 13 (7) ◽  
pp. 3985
Author(s):  
Adam Kozień
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Cultural Heritage ◽  
Public Interest ◽  
Legal Protection ◽  
Individual Interest ◽  
The European Union ◽  
European Union Law ◽  
Environmental Aspect ◽  
The Public

The concept of sustainable development is widely used, especially in social, environmental and economic aspects. The principle of sustainable development was derived from the concept of sustainable development, which appears in legal terms at the international, EU, national and local levels. Today, the value of cultural heritage that should be legally protected is indicated. A problematic issue may be the clash in this respect of the public interest related to the protection of heritage with the individual interest, expressed, e.g., in the ownership of cultural heritage designates. During the research, scientific methods that are used in legal sciences were used: theoretical–legal, formal–dogmatic, historical–legal methods, as well as the method of criticism of the literature, and legal inferences were also used. The analyses were carried out on the basis of the interdisciplinary literature on the subject, as well as international, EU and national legal acts—sources of the generally applicable law. Research has shown that the interdisciplinary principle of sustainable development, especially from the perspective of the social and auxiliary environmental aspect, may be the basis for weighing public and individual interests in the area of legal protection of cultural heritage in the European Union. It was also indicated that it is possible in the situation of treating the principle of sustainable development in terms of Dworkin’s “policies” and allows its application not only at the level of European Union law (primary and secondary), but also at the national legal orders of the European Union Member States.

Uniform Defamation Laws in Australia: Moving towards a More ‘Reasonable’ Privilege?

2011 ◽  
Vol 138 (1) ◽  
pp. 9-20
Author(s):  
Rhonda Breit
Keyword(s):  
Mass Media ◽  
Public Interest ◽  
Case Law ◽  
Current Approach ◽  
The Public

A new uniform defamation regime now operates in Australia. This article canvasses the Uniform Defamation Laws (UDLs), focusing on the defence of qualified privilege and its capacity to protect mass media publications in the public interest. Drawing on case law and analysis of the key approaches to statutory privilege, the article evaluates the current approach to statutory qualified privilege. Taking account of observations in O'Hara v Sims (2008, 2009) about the operation of qualified privilege, it questions whether the UDL statutory qualified privilege will ultimately censor publications in the public interest and restrict the application of the qualified privilege defence.

Das PSPP-Urteil des Bundesverfassungsgerichts: Umfang der Übertragung von Souveränität und Überprüfung von Ermessensgebrauch

IG ◽  
2021 ◽  
Vol 44 (3) ◽  
pp. 220-226
Author(s):  
Achim-Rüdiger Börner
Keyword(s):  
Member State ◽  
Constitutional Court ◽  
The Public ◽  
Court Of Justice ◽  
European Court ◽  
Federal Constitutional ◽  
National Constitution ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional ◽  
The Eu

In its judgment of 5 May 2020, the German Federal Constitutional Court (FCC) has held that the Public Sector Purchase Programme (PSPP) of the European Central Bank (ECB), which started in 2015, and the relevant decision of the European Court of Justice (ECJ) of 11 December 2018, holding that the programme is compatible with European Union (EU) law, are ultra vires acts. Indeed, this decision is based on a French understanding of discretion which has previously been adopted in the European Treaties and according to which discretion is controlled only for undue, illegal influence. Today, the Treaties have adopted a review of discretion under the aspects of suitability, necessity, and appropriateness. Moreover, criticism at the decision of the FCC neglects that the accession to and the membership in the EU have to observe the thresholds of the respective national constitution, as its violation is not and may not be expected by the Union or any other Member State. Ultra vires acts of the Union, which remain uncorrected by the Union itself, are subject to disapproval and rejection by the constitutional court of any Member State.

Netta Barzilai as an Israeli Symbolic Goods

2020 ◽  
Vol 65 (2) ◽  
pp. 67-92
Author(s):  
Galia Katz
Keyword(s):  
Role Model ◽  
Pierre Bourdieu ◽  
Women Empowerment ◽  
The Public ◽  
Social Stereotypes ◽  
The World ◽  
Self Acceptance

"This paper discusses Pierre Bourdieu’s term symbolic goods (1930-2002) through an Israeli case study, Netta Barzilai. An Israeli performer and songwriter, winner of the Eurovision 2018 with the song “TOY” which became the anthem of the Me-Too movement. Netta as a symbolic good was packaged, marketed and distributed to the public, and the Netta phenomenon has spread throughout the world. Based on interviews with Netta, through listening to the songs and watching the clips that came after “TOY”, “Bassa Sababa” (2019), “Nana Banana” (2019) and “Ricki Lake” (2020), I examine how and if Netta continues to maintain her status as a symbolic good, as an example and role model for many, and whether she continues to convey her message - self-love and self-acceptance - through shattering cultural and social stereotypes. It seems that Netta’s next three songs introduced a powerful big size Netta but also a vengeful, vicious, narcissistic and lazy Netta. The fresh message she carried at the beginning was swallowed up in an ocean of shallow commercial images. A trend that led Netta’s fans to lose interest and Netta to reinvent herself in her latest song, “Cuckoo” (2020). Through sincerity, directness and cleanliness of her message, Netta like a bird in a cage seeks to break free from the evil loop in which she was imprisoned and not only love herself but also love others and let others love her. Keywords: symbolic goods; Netta Barzilai; Me-too movement; Pierre Bourdieu; Women empowerment "

20. Mergers (1): introduction

2021 ◽  
pp. 852-870
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Public Interest ◽  
Rapid Development ◽  
Merger Control ◽  
Digital Platforms ◽  
The Public ◽  
Foreign Acquisition ◽  
The Subject ◽  
National Governments ◽  
Key Industries ◽  
The Eu

This chapter briefly discusses the subject of merger control. Merger control is an important component of most, though not all, systems of competition law. Merger control has been under particular scrutiny in recent years, partly as a result of the rapid development of digital technologies and the emergence of powerful digital platforms. Separately there has been a certain backlash against the trend towards the globalisation of markets, and national governments, as well as the EU, have considered whether controls over the foreign acquisition of key industries are required, and whether the basic test of merger control – would a merger be harmful to competition? – should be supplemented by broader provisions enabling ‘the public interest’ to be taken into account. Against this background, the chapter begins by explaining what is meant by a ‘merger’ or ‘concentration’, the term used by the EU Merger Regulation (EUMR). It then proceeds to describe the different effects of mergers between independent firms from within and different production levels, the proliferation of systems of merger control, why firms merge, and the purpose of merger control. The final section of the chapter deals with how to design a system of merger control when a country decides, as a matter of policy, to adopt one.

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