El Carácter Fundamental del Deber de Contribuir: el Derecho y la Ética de las Relaciones Tributarias / The Fundamental Feature of the Duty to Pay One’s Taxes: Law and Ethics of Fiscal Relations / O Aspecto Fundamental da Obrigação de Contribuição: o Direito e a Ética das Relações Tributárias

Author(s):  
Miguel Ángel Sánchez Huete

ResumenLa figura del tributo aparece habitualmente asociada a la idea de gravamen y carga ya que supone la entrega de parte del patrimonio, además de onerosas obligaciones de colaboración. Pero la contribución, además de obligación, representa un valor esencial en nuestra conveniencia ciudadana: la solidaridad. Solidaridad que constituye valor imprescindible en los Estados considerados de Derecho, por aparecer vinculado a la idea de autoimposición y dignidad, además de ser medio para la realización de los derechos prestacionales consustanciales al denominado Estado social. Si necesario resulta poner de relieve el carácter fundamental de tal deber no lo es menos efectuar un tratamiento acorde a la hora de su exigencia por los poderes públicos. En las sociedades actuales, de gran movilidad e intercambio económico, el Derecho Tributario ha de prever con antelación las conductas que le son lesivas. En tales contextos, la admisibilidad ética de algunas medidas preventivas utilizadas resulta cuestionable. Pues si las normas tributarias evidencian un compromiso ético de la sociedad, los instrumentos y formas de exigencias han de ser coherentes y, en todo caso, respetar los principios que las justifican. En el presente artículo, se pretende mostrar el carácter, además de jurídico, intrínsecamente valorativo y ético del deber de contribuir y de su exigencia. Ambos aspectos –deber y exigencia- son parte de una misma dimensión, pero de diversa perspectiva. Con el deber se afirma su vinculación y con la exigencia se estudia el papel del legislador y de la Administración, pero también sus límites. AbstractThe notion of tax is generally associated with the ideas of levy and charge, as it implies the delivery of a part of one’s property, along with costly obligations to collaborate. However, fiscal contribution, apart from being a duty, expresses an essential value for our citizen coexistence: solidarity. It is an indispensable value for the Rule of Law as it reckons on the ideas of self-assessment and dignity, and being also a mean for the achievement of provision rights, inherent to the so-called welfare State. It is necessary to underline the fundamental aspect of this duty along with its processing when it is required by the public authorities. In our current societies, of great mobility and economic exchange, tax law must anticipate the conducts that are harmful to it. In such contexts, the ethical eligibility of some preventive measures might be questionable. Thus, if tax rules reveal an ethical commitment of society, the instruments and forms of exigencies must be coherent, and, in any cases, respectful of the principles that justify them. This article intends to show not only the legal feature, but also the intrinsically ethical and axiological aspects of the duty to pay one’s taxes and its exigency. These two features -obligation and exigency – are part of the same dimension, but from a different perspective. With the obligation, a commitment is established, and through the exigency, the role of the legislator and the administration is studied as long as its limits. ResumoA figura tributo normalmente aparece associada à ideia de carga tributária, uma vez que significa tanto a entrega de parte do patrimônio de um indivíduo quanto o surgimento de obrigações de colaboração custosas. Mas a contribuição, além de ser uma obrigação, representa um valor essencial à nossa convivência cidadã: a solidariedade. A solidariedade é um valor essencial ao Estado de Direito, por ser ligada às ideias de autoimposição e de dignidade, bem como por ser um meio de alcançar os direitos prestacionais, intrinsecamente ligados ao chamado Estado de bem-estar. É necessário destacar o aspecto fundamental deste dever em conjunto com o seu processamento ao ser requerido pelas autoridades públicas. Nas sociedades modernas, de alta mobilidade e intercâmbio econômico, o direito tributário deve antecipar os comportamentos que lhe podem ser prejudiciais. Em tais contextos, a admissibilidade ética de algumas medidas preventivas pode ser questionável. Assim, se as regras fiscais demonstram o compromisso ético de uma sociedade, os instrumentos e as formas de exigências devem ser coerentes e, em qualquer caso, respeitar os princípios que os justificam. No presente artigo, pretende-se demonstrar o aspecto não somente jurídico, mas também inerentemente axiológico e ético do dever de contribuir e de sua exigência. Ambos aspectos – exigência e dever – são parte da mesma dimensão, mas seguindo uma perspectiva diferente. Com o dever se afirma um compromisso, e, a partir da exigência, estuda-se o papel do legislador e da administração, com seus limites.

2018 ◽  
pp. 51-70
Author(s):  
TUDOREL TOADER

The separation and balance of State powers constitute the basis of the rule of law. Observance of this principle requires framing of public authorities within the limits of competence established by the Constitution and the law, as well as loyal cooperation between them. From this perspective, the attribution of the constitutional courts for settling legal disputes of a constitutional nature is an important tool for correcting the tendencies of violation of these limits, as well as for identifying solutions for situations that do not find an explicit regulation in the constitutional texts. The present study analyses the jurisprudence of the Constitutional Court of Romania in the field of legal disputes of a constitutional nature, revealing, together with the presentation of dispute situations, the vulnerabilities of the constitutional reference texts. It is also highlighted the role of the constitutional courts in the evolution of constitutional law institutions. The conclusion of the study, beyond the subject of legal disputes of a constitutional nature, bears on the necessity, even more so in this matter, of the certainty of jurisdictional interpretation. This certainty cannot be achieved as long as the interpretation is not authoritative; consequently, the assurance of the effectiveness of constitutional justice constitute a key issue of the rule of law.


Author(s):  
Julián Torrado Sancho

Los procesos de transformación en la Gestión Pública han actuado en las funciones y organización de la Administración, produciendo cambios que han afectado tanto a las relaciones entre el ámbito público y privado, en el seno de los poderes públicos y sus órganos administrativos, como entre los procedimientos técnicos y jurídicos que los conforman. Una revisión de estos fenómenos lleva a la necesidad de realizar un estudio más profundo y objetivo acerca del papel del marco jurídico público y, especialmente, el régimen jurídico administrativo, ante la necesidad de abrir nuevos enfoques y perspectivas sobre la situación del Estado de Derecho.The transformation processes in public management have acted on the functions and organization of the administration, producing changes that have affected both the relationships between the public and private, within public authorities and administrative bodies, and between technical and legal procedures that conform. A review of these phenomena leads to the need for a more thorough and objective study on the role of public legal framework, especially the administrative legal system, given the need to open up new approaches and perspectives on the status of the rule of law.


2021 ◽  
Vol 7 (3) ◽  
pp. 379-398
Author(s):  
David Parra Gómez

Democracy is an instrument at the service of a noble purpose: to ensure the freedom and equality of all citizens by guaranteeing the civil, political and social rights contained in constitutional texts. Among the great principles on which this instrument rests is the division of powers, which consists, substantially, in the fact that power is not concentrated, but that the various functions of the State are exercised by different bodies, which, moreover, control each other. Well, the increasingly aggressive interference of the Executive and, to a lesser extent, the Legislative in material spheres that should be reserved exclusively for the Judiciary, violates this principle and, for this reason, distorts the idea of democracy, an alarming trend that, for some time now, are observed in European Union countries such as Hungary, Poland and Spain. Preventing the alarming degradation of European democracy, of which these three countries are an example, requires not only more than necessary institutional reforms to ensure respect for these principles and prevent the arbitrariness of the public authorities, but also a media network and an education system that explains and promotes these values and principles, that is, one that makes citizens aware of and defend constitutionalism. Keywords: Rule of law; Democracy; Separation of powers; judicial independence; Europe.


Author(s):  
I.Yu. Chazova ◽  
M.V. Israilov

The problem of increasing the efficiency of public administration is a key point that refutes or supports the methods and forms of power that are used, but only within the framework of efficiency criteria. The determining factor on this issue should be, first of all, socio-economic efficiency, that is, the universal consideration of public interests of Russian citizens. Taking into account the analysis of thematic sources on assessing the effectiveness of the public administration system, we can conclude that this category contains a combination of various results of managerial activity, both in the state and in the public sphere. The effectiveness of public authorities should take into account quantitative statistical indicators, but special attention should be paid to qualitative indicators, which should be assessed by the population of the subject of the Russian Federation. The purpose of evaluating the performance of public civil servants, heads of executive authorities is the introduction of an optimal and fair wage system both at the regional and federal levels. The article discusses the foreign experience of the CAF self-assessment model of public authorities, which is based on the selection of 9 criteria that correspond to the main areas that are taken into account when analyzing public authorities. Examples of evaluating the effectiveness of executive bodies in the Irkutsk and Kurgan regions are shown. The current and developed measure for assessing the effectiveness of the activities of executive bodies of state power and officials on the example of the Udmurt Republic is reviewed and analyzed.


2018 ◽  
Vol 9 (4) ◽  
Author(s):  
Ksenia Minakova

The article analyzes methods of ensuring the migrants rights by the public authorities of the Russian Federation, the individual elements of the migration policy of the Russian Federation relating to the activities of public authorities. It considers the activities in the field of protection of the migrants rights by such authorities as the Russian President's Office for Constitutional Rights of Citizens, the Presidential Council for Civil Society and Human Rights, the Council for Interethnic Relations, General Directorate for Migration, Chief Directorate for Migration Issues of Ministry of Internal Affairs of the Russian Federation, their normative documents, that regulate their activities. It examines separately the activities of the RF Government in the field of protection of the migrants rights, as well as judicial authorities; it identifies the special role of the RF Constitutional Court in the field of ensuring the rights of migrants, refugees, the internally displaced and stateless persons. It underlines the role of authority bodies of the RF entities in ensuring the migrants rights in terms of Irkursk Oblast. The article offers to differentiate strictly the role of each authority body in the field of migrants rights protection, as well as to pay specific attention to regulation of activities of the FR entities authority bodies in this direction.


2008 ◽  
Vol 9 (11) ◽  
pp. 2013-2039 ◽  
Author(s):  
Armin von Bogdandy ◽  
Philipp Dann

The administration of the traditional nation-state used to operate as a rather closed system to the outside world. Today, cooperation between the public authorities of different States and between States and international bodies is a common phenomenon. Yet the characteristics and mechanics of such cooperation can hardly be understood using the concepts domestic public law or public international law currently on offer. Conventional concepts, such as federalism, confederalism or State-centered “realism” hardly fathom the complexity of interactions or reflect the changed role of the State, while more recent concepts, such as multi-level systems or networks, seem to encompass only parts of the phenomena at hand. Given this void, we propose to explore the notion of “composite administration” (Verbundverwaltung) and argue that it offers a concept which can combine more coherently the seemingly diverging legal elements of cooperation and hierarchy that distinguish administrative action in what often is called a multi-level administrative system. Even though the concept of composite administration was originally designed and further developed with respect to the largely federal European administrative space, we suggest testing the concept in the wider context of international cooperation. We believe that it offers valuable insights and raises critical questions, even though we do not intend to insinuate any proto-federal prospects of the institutions discussed in this paper.


2020 ◽  
Vol 30 (1) ◽  
pp. 204-204
Author(s):  
MATTI HÄYRY

AbstractThe role of bioethicists amidst crises like the COVID-19 pandemic is not well defined. As professionals in the field, they should respond, but how? The observation of the early days of pandemic confinement in Finland showed that moral philosophers with limited experience in bioethics tended to apply their favorite theories to public decisions with varying results. Medical ethicists were more likely to lend support to the public authorities by soothing or descriptive accounts of the solutions assumed. These are approaches that Tuija Takala has called the firefighting and window dressing models of bioethics. Human rights lawyers drew attention to the flaws of the government’s regulative thinking. Critical bioethicists offered analyses of the arguments presented and the moral and political theories that could be used as the basis of good and acceptable decisions.


1965 ◽  
Vol 3 (4) ◽  
pp. 543-565 ◽  
Author(s):  
Marc Nerfin

In most African countries, the housing situation is most unsatisfactory, both in quality and quantity. The underlying factors are both demographic (population growth, rapid urbanisation) and economic (the under-development of productive resources). Although the poverty of housing is only one facet of the ‘pauperisation’ of the African masses, and although new needs arise directly from the process of development itself, yet the only possible framework for any modern housing policy is planning—economic, social, and spatial—in which the role of the public authorities is decisive both in the preparation and the implementation of the plan. Housing then becomes one element in the total modernisation of society.


2017 ◽  
Vol 28 (1) ◽  
pp. 9-22
Author(s):  
Joanna Misztal-Konecka

The role of the prosecutor in the legal system is traditionally perceived in the context of performing tasks relating to the prosecution of offences and upholding the rule of law. It is worth mentioning, however, that pursuant to Article 7 sentence 1 of the Code of Civil Procedure the prosecutor may petition to institute proceedings in any civil matter as well as participate in any pending proceedings if he considers his presence necessary to protect the rule of law, citizens’ rights or social interest. While the broad competence range of the prosecutor in civil proceedings has been assessed with high criticism in the literature on numerous occasions, it is with great caution that one should view possible tendencies towards exclusion of the prosecutor as an attendant of proceedings, without affiliation to either party, when the public interest calls for their participation. Especially in the cases where the court notifies the prosecutor of the need to participate in proceedings, one ought to conclude that it is the moment when the principle of effective legal protection becomes most fully realized through equalizing the litigious position of the parties and prevention of the occurrence of a defect which might invalidate the proceedings. The author postulates transforming notification of the need to participate in proceedings served on the prosecutor into summons for attending it.


2021 ◽  
Vol 96 ◽  
pp. 47-58
Author(s):  
Alexandra Mercescu

In this paper I seek to present a working hypothesis to be eventually developed in a future contribution, namely that the COVID-19 crisis exposed some problematic behaviours evocative of an authoritarian ethos on the part of both public authorities and citizens which suggest that a penal populist attitude might now be part or even embedded in the Romanian legal culture. Specifically, I will organize this contribution as follows: in the first part, I will briefly describe Romania’s reaction (as evidenced both in the official measures taken and the attitude of citizens) to the first wave of the pandemic focusing on the role of penal and military means; I shall qualify this reaction as containing some traces of penal populism. In the second part I shall offer a tentative mapping of the factors that can explain this problematic cultural reaction. Importantly, among these I include the successful fight against corruption with the consequence that what appears to have very much consolidated the rule of law in post-1989 Romania could be shown to have had the unintended and paradoxical effect of undermining the very same ideal.


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