scholarly journals Atsakomybė už valdžios institucijų padarytą žalą aplinkos srityje

Teisė ◽  
2009 ◽  
Vol 72 ◽  
pp. 129-140
Author(s):  
Ugnė Gailiūnienė
Keyword(s):  
Civil Liability ◽  
Case Law ◽  
Causal Link ◽  
Public Institutions ◽  
Property Damage ◽  
The Public ◽  
Compensation For Damage ◽  
State Liability

Straipsnyje aptariama kompensacinė valdžios įstaigų atsakomybės funkcija, t. y. žalos, jų padarytos aplinkos srityje, atlyginimas. Plačiau nagrinėjama civilinė valstybės atsakomybė už konkrečiam asme­niui ar jo turtui padarytą žalą aplinkos srityje, teismų praktikos pavyzdžiai, iliustruojantys vieną ar kitą atsakomybės sąlygą, – neteisėtus valdžios institucijų veiksmus, asmens dėl tokių veiksmų patirtą žalą ir priežastinį neteisėtų veiksmų ir žalos ryšį. The publication examines the compensatory function of state liability, i.e. compensation for damage caused by the public institutions in the environmental field. It discusses the civil liability of state for the bodily or property damage in the environmental field, as well as the examples of the case law illustrating the liability conditions – unlawful actions of public institutions, damage caused as a result of those ac­tions and causal link between unlawful actions and the damage.

Part III Prospectus Liability and Litigation, 23 Spain

2020 ◽  
Author(s):  
Campo Javier Redonet Sánchez del
Keyword(s):  
European Union ◽  
Civil Liability ◽  
Case Law ◽  
Securities Market ◽  
Tort Liability ◽  
Legal Regime ◽  
Royal Decree ◽  
The Public ◽  
Regulated Markets ◽  
Prospectus Liability

This chapter considers the prospectus in Spain. Historically, and unlike other European Union jurisdictions, before the enactment of Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the prospectus to be published when securities are offered to the public or admitted to trading and amending Directive 2001/34/EC (the ‘Prospectus Directive’), Spain lacked any explicit regulation on the civil liability arising from the defective content of prospectuses for securities offerings and listings in regulated markets. Nevertheless, legal authors having researched on the matter had expressed the view that liability attached to prospectuses on the basis of the general principles of tort liability. The legal regime of prospectus liability enshrined by the Securities Market Act and Royal Decree 1310/2005 is not fully comprehensive, however. In addition, it is completed with the general principles of civil liability contained in the Spanish Civil Code as construed by case law stemming from the Spanish Supreme Court.

Road Traffic Nuisance in Slovenia: State Liability for Non-pecuniary Damage

2018 ◽  
Vol 43 (2) ◽  
pp. 174-196
Author(s):  
Damjan Možina
Keyword(s):  
Road Traffic ◽  
Case Law ◽  
The State ◽  
Protection Measures ◽  
Limit Values ◽  
The Public ◽  
Healthy Environment ◽  
State Liability ◽  
Civil Courts ◽  
Fair Balance

This paper presents and critically analyses the case law of the Slovenian courts with regard to mass individual claims against the state due to nuisance from public roads and railroads. The courts have largely upheld these claims. In awarding monetary compensation for non-pecuniary loss, they have considered the fundamental right to a healthy environment to be a personality right. Moreover, they have held that the state is under a guarantee-like obligation towards the population in that noise arising from public roads and railways will not exceed the limit levels set by the Regulation on Limit Values of Environmental Noise Indicators. As a consequence, new mass claims are being filed, exposing the state to considerable liability. The author considers the approach taken by the civil courts in Slovenia to be misguided on several levels. A fair balance between should be sought public and individual interests. Upholding claims in full by individuals who did nothing to mitigate noise is inappropriate. The problem would be better dealt with by way of regulating noise protection; compensation by way of analogy to (partial) expropriation in the public interest should only be sought if noise protection measures are ineffective or disproportionate.

Czy „Król może czynić źle”? Odpowiedzialność cywilna za wykonywanie władzy publicznej w prawie angielskim

2019 ◽  
Vol 76 ◽  
pp. 341-362
Author(s):  
Paweł Słup
Keyword(s):  
20Th Century ◽  
Rule Of Law ◽  
Civil Liability ◽  
Public Authorities ◽  
The Public ◽  
English Law ◽  
State Liability ◽  
Public Bodies

The principle of state liability has been widely recognised in 20th century and codified in certain jurisdictions. English law, however, has been traditionally reluctant to recognise the liability of Crown distinct from the of its servants. According to the long-standing principle of rule of law, servants of the Crown should be liable for torts committed in their official capacity just as individuals. The principle has been allegedly designed to protect the individuals from arbitrary decisions of public authorities, which fall in their actions under jurisdiction of common courts. It was not until the advance of Crown Proceedings Act 1974 when the Crown took material liability for torts committed by its servants. The nature of tortious liability of the public bodies, however, remained peculiar. The aim of this article is to indicate that the underlying concept of individual liability of servants, once designed to protect the individuals, now restricts the scope of civil liability of public bodies in English law.

A Sustainable Approach for Organisational using Strategic Management

2020 ◽  
Vol 11 (2) ◽  
Author(s):  
Abdulla Almazrouei ◽  
◽  
Azlina Md Yassin ◽  
Keyword(s):  
Mortality Rate ◽  
Strategic Planning ◽  
Strategic Management ◽  
Crime Rate ◽  
External Environment ◽  
Police Department ◽  
Public Institutions ◽  
Abu Dhabi ◽  
The Public ◽  
The World

Strategic management have gained popularity in the public institutions to foster good delivery service to the public. The strategic planning enables organizations to establish a strategic match between the internal competency, resources and external environment. Majority of the successful organizations across the world use strategic management and planning as a tool that enables to optimize the operations and achieve maximum productivity with the resources. This paper reviewed on strategic management for organisations in Abu Dhabi especially for Abu Dhabi Police (ADP) force. It presents three strategic management theories which can be adopted by an organisation. This would help the organisation such as police department to reduce the increasing crime rate and mortality rate in UAE.

Our universities away from partisan Altsarat

2019 ◽  
Author(s):  
أ.د.عبد الجبار احمد عبد الله
Keyword(s):  
Political Parties ◽  
Legal Framework ◽  
Public Institutions ◽  
Political Organization ◽  
Moral Duty ◽  
The Political ◽  
Public Office ◽  
State Institutions ◽  
The Public ◽  
The University

In order to codify the political and partisan activity in Iraq, after a difficult labor, the Political Parties Law No. (36) for the year 2015 started and this is positive because it is not normal for the political parties and forces in Iraq to continue without a legal framework. Article (24) / paragraph (5) of the law requires that the party and its members commit themselves to the following: (To preserve the neutrality of the public office and public institutions and not to exploit it for the gains of a party or political organization). This is considered because it is illegal to exploit State institutions for partisan purposes . It is a moral duty before the politician not to exploit the political parties or some of its members or those who try to speak on their behalf directly or indirectly to achieve partisan gains. Or personality against other personalities and parties at the expense of the university entity.

Fiduciary Principles and Public Offices

2019 ◽  
pp. 302-322
Author(s):  
Ethan J. Leib ◽  
Stephen R. Galoob
Keyword(s):  
Administrative Law ◽  
Public Law ◽  
Public Institutions ◽  
Policy Implications ◽  
Public Officials ◽  
Public Office ◽  
Public And Private ◽  
Normative Structure ◽  
The Public ◽  
Positive Law

This chapter examines how fiduciary principles apply to public offices, focusing on what it means for officeholders to comport themselves to their respective public roles appropriately. Public law institutions can operate in accordance with fiduciary norms even when they are enforced differently from the remedial mechanisms available in private fiduciary law. In the public sector, fiduciary norms are difficult to enforce directly and the fiduciary norms of public office do not overlap completely with the positive law governing public officials. Nevertheless, core fiduciary principles are at the heart of public officeholding, and public officers need to fulfill their fiduciary role obligations. This chapter first considers three areas of U.S. public law whose fiduciary character reinforces the tenet that public office is a public trust: the U.S. Constitution’s “Emoluments Clauses,” administrative law, and the law of judging. It then explores the fiduciary character of public law by looking at the deeper normative structure of public officeholding, placing emphasis on how public officeholders are constrained by the principles of loyalty, care, deliberation, conscientiousness, and robustness. It also compares the policy implications of the fiduciary view of officeholding with those of Dennis Thompson’s view before concluding with an explanation of how the application of fiduciary principles might differ between public and private law settings and how public institutions might be designed or reformed in light of fiduciary norms.

NON-DISCRIMINATORY TRADE RESTRICTIONS AFTER KECK

2002 ◽  
Vol 61 (1) ◽  
pp. 1-52
Author(s):  
Alan Dashwood
Keyword(s):  
Case Law ◽  
Sales Promotion ◽  
Trade Restrictions ◽  
Member States ◽  
The Public ◽  
Court Of Justice ◽  
Equivalent Effect ◽  
The One ◽  
Domestic Products ◽  
By Products

IN its Keck judgment—famous or notorious according to taste—the Court of Justice drew a distinction, for the purposes of the application of the prohibition in Article 28 EC against measures having equivalent effect to quantitative restrictions (“MEEQRs”), between two categories of national measures. On the one hand were “product requirements”: measures specifying requirements to be met, in order to obtain access to the market of a Member State, by products coming from other Member States where they are lawfully manufactured and marketed, like the minimum alcohol requirement for fruit liqueurs in Cassis de Dijon (Case 120/78 [1997] E.C.R. 649). Such product requirements are liable to constitute MEEQRs, and therefore require specific justification, in order to escape prohibition, on one of the public interest grounds recognised by Community law. On the other hand was the category of measures described in the judgment as “provisions restricting or prohibiting certain selling arrangements”. An example was the legislation at issue in the main proceedings in Keck, which prohibited the resale of products below their purchase price, thereby depriving retailers of a form of sales promotion. Other examples, attested by the case law post-Keck, are measures regulating advertising methods, the kind of shop in which goods of a certain description can be sold, shops’ opening hours and Sunday trading. National provisions in this latter category are not normally such as to hinder trade between Member States under the test formulated by the Court in Dassonville (Case 8/74 [1974] E.C.R. 837, at para. 5), and so do not call for justification; not, that is, “so long as those provisions apply to all relevant traders operating within the national territory and so long as they affect in the same manner, in law and in fact, the marketing of domestic products and those from other Member States”: see Joined Cases C-267 and 268/9 [1993] E.C.R. I-6097, at paras. 15–17.

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.

The e-book war in Denmark

2017 ◽  
Vol 51 (1) ◽  
pp. 95-105
Author(s):  
Lisbeth Worsøe-Schmidt
Keyword(s):  
Public Libraries ◽  
Public Library ◽  
Public Institutions ◽  
Book Market ◽  
The Public ◽  
Library System ◽  
Commercial Market ◽  
Book World ◽  
Traditional Understanding

The aim is to investigate how digitisation and in particular e-books have changed relations between private players and public institutions within the Danish book world through a case study of eReolen, a private-public partnership functioning as common platform for public libraries’ lending of e-books in Denmark. Traditional and new models of the book world are discussed as the basis of understanding relations between the players. A new way of analysing the field outlined by literary sociologist, Professor Johan Svedjedal, is adopted. The main conclusions are that the lending of e-books has disrupted the traditional understanding and interaction between the public library system and the commercial book market. In addition, the Danish library system through the partnership has taken on a new function in relation to the commercial market, namely acting as the engine in building a market for Danish e-books.

scholarly journals Bringing the Law Back in the Law-Government Nexus in an Era of Network Governance

2020 ◽  
Author(s):  
Stavros Zouridis ◽  
Vera Leijtens
Keyword(s):  
Public Management ◽  
Management Practices ◽  
New Public Management ◽  
Network Governance ◽  
Public Institutions ◽  
Management Theory ◽  
Public Governance ◽  
The Public ◽  
New Public ◽  
The Law

Abstract Recently, scholars have claimed that public management theory has too much ignored law. Consequently, the under-legalized conception of public management has produced a flawed understanding of public management theory as well as public management practices, threatening public institutions’ legitimacy. In this article, we argue that law never left public management theory. Rather, the link between government and law has been redefined twice. We refer to the assumptions that constitute this link as the law-government nexus. This nexus changed from lawfulness in a public administration paradigm, to legal instrumentalism in a (new) public management paradigm, and to a networked concept in the public governance (PG) paradigm. In order to prevent a faulty over-legalized conception of public management, bringing the law back in should be built on lessons from the past. This article elaborates on three strategies to reconnect law and public management. We map the strengths and weaknesses of each law-government nexus and illustrate these with the case of the Dutch tax agency. In our strategies that aim to reconceptualize the current law-government nexus, we incorporate the benefits of each paradigm for public management theory. The revised law-governance nexus enables the PG paradigm to correspond to contemporary issues without encountering old pathologies.

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