scholarly journals Axiology of Judicial Application of Enforcement Law: View on the Bailiff’s Discretion

2020 ◽  
Vol 29 (3) ◽  
pp. 149
Author(s):  
Piotr Szczekocki
Keyword(s):  
Decision Making ◽  
Public Interest ◽  
Special Role ◽  
Application Process ◽  
Important Place ◽  
The Public ◽  
General Clause ◽  
The Law ◽  
And Function

<p class="Standard">In the article, the author focused on three theoretical and philosophical issues of the judicial enforcement law in Poland, connected with the new enforcement acts which entered into force on 1 January 2019. First, the judicial enforcement proceedings were presented as an element of the law application process. The axiological dimension of this law, the place and function of a court bailiff in the law application process and the introduction of general clauses, combined with the basic values of the court enforcement law in the form of efficiency, effectiveness and reliability, form the new picture of the judicial enforcement law. Secondly, the problem of a general clause as a “carrier” of extralegal criteria was discussed, which takes an important place in the process of enforcement law application in the new bailiff’s law. There is the special role of the “public interest” and the “interest of justice” clauses as normative constructions introduced by the legislator to judicial enforcement. Thirdly, an attempt was made to answer the question about the presence and possible limits of discretion (free decision-making) of a court bailiff in the surrounding of the new axiology of enforcement law, and especially the formulation of this issue in the process of operative interpretation of law by a court bailiff.</p>

The Role of the Directors

2021 ◽  
pp. 125-194
Author(s):  
Eva Micheler
Keyword(s):  
Public Interest ◽  
Company Law ◽  
Economic Interests ◽  
Financial Reports ◽  
The Public ◽  
Company Directors ◽  
The Board Of Directors ◽  
The Law ◽  
The Uk

This chapter describes the role of the directors. The duties of the directors are owed to the company and while the shareholders are the primary indirect beneficiaries of those duties, the law integrates the interests of creditors and also of wider society. The law is primarily focused on ensuring compliance with the Companies Act and the constitution rather than with the enhancement of economic interests. The Company Directors Disqualification Act 1986 serves as a mechanism through which the public interest is integrated into company law, while the UK Corporate Governance Code adds a further procedural dimension to the operation of the board of directors. The chapter then looks at how the idea of designing remuneration in a way that guides the directors to act either for the benefit of the shareholder or for the benefit of the company is flawed and has served as a motor justifying increasing rewards without bringing about commensurate increases in performance. It also analyses the duties of the directors to keep accounting records and to produce financial reports.

scholarly journals Application of Environmental Conflict Resolution to Public Interest Issues in Water Disputes

2011 ◽  
pp. 1-13 ◽  
Author(s):  
Michael Jeffrey QC ◽  
Donna Craig
Keyword(s):  
Decision Making ◽  
Conflict Resolution ◽  
Public Interest ◽  
Alternative Dispute Resolution ◽  
Full Range ◽  
Environmental Conflict ◽  
The Public ◽  
Environmental Conflict Resolution ◽  
Political Economic

This article examines the role of environmental conflict resolution (ECR) in the public interest issues of water disputes. The article endeavours to  illustrate the strengths and weaknesses of a range of alternative dispute resolution (ADR) and negotiation approaches in the context of decision-making. Although many embrace ECR as the cheaper and more effective alternative to more formalistic and entrenched judicial processes before courts of law and quasi-judicial tribunals, the authors argue that there is an urgent need for a more critical, contextual and issue-oriented approach. In particular, the article highlights the significant difficulties associated with representing the full range of stakeholders who should be involved in an ADR process, and the lack of transparency and procedural safeguards associated with ADR in complex public interest disputes. The strength of ADR in smaller project-specific disputes involving a very limited number of stakeholders is well understood. The authors argue that ADR may have a significant role in scoping the issues and associated research as well as facilitating agreement on procedural aspects of large, complex public interest water disputes. However, ADR has severe limitations as a decision-making process. For example, water conflicts necessarily involve the concept of sustainability that in turn touches on a complex maze of social, political, economic and ecological values. The probability of reaching a mediated settlement in such a context is severely curtailed. A preferable approach may be one that is entirely transparent, capable of being both monitored and enforced, and is binding on all stakeholders whether or not they are parties to the mediation.

scholarly journals FUNGSI NOTARIS SELAKU PEJABAT PEMBUAT AKTA IKRAR WAKAF (PPAIW) DALAM PERUBAHAN PERUNTUKAN HAK ATAS TANAH WAKAF

2018 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Muhammad Khoirul Utami
Keyword(s):  
Public Interest ◽  
Land Rights ◽  
Public Understanding ◽  
Land Area ◽  
The Public ◽  
Barriers To Change ◽  
The Law ◽  
Board Of Supervisors ◽  
Spatial Plan

The thesis entitled "The role of the Notary Deed Official Pledge As Waqf In the allotment of Land Rights Amendment Waqf" examines the waqf land already diwakafkan by wakif and run through the process of making the Pledge of Endowments and already certified waqf land. However, the waqf land area experiencing growth and progress resulting in a change General Spatial Plan (which disturb the position of the donated land. Based on the above, the writers compose thesis raises the issue of whether the allotment of land endowments can be changed, how the role of the notary as Officer Deed of Pledge Waqf in the change designation of land rights endowments, and any obstacles in the change designation of land rights waqf , In writing this thesis, the author uses the normative method. It can be concluded that the change of land designation endowments can be done on the condition that these changes to the public interest in accordance with the General Spatial Plan which is based on the law and not contrary to Islamic principles, changes in the allotment of land endowments can be done after approval Ministry of Religious Affairs on consideration of Indonesian waqf Board and the replacement of at least one rank and balanced with original waqf property. The role of the Notary as Officer Deed of Pledge Waqf  is to legalize or register the minutes of the meeting of the board of supervisors, made a deed of exchange of land endowments, making back Deed of Pledge Waqf of land which has been exchanged in accordance with the Deed of Pledge Waqf originally , providing information on the legal acts penghadap. Barriers to change the designation of land rights endowments of which is still going controversy about peraliahan rights to the donated land, the lack of public understanding of the donated land so many waqf land that is not registered and does not have a certificate endowments, as well as a lack of public understanding of the transfer of rights over donated land, if there is a legal act on changes in land endowments frequent rejection, and understanding Nazhir towards waqf property itself is still lacking, as well as other obstacles.

scholarly journals Operationalizing the public interest in the local planning context of Serbia

Spatium ◽  
2017 ◽  
pp. 10-17
Author(s):  
Natasa Colic
Keyword(s):  
Decision Making ◽  
Public Interest ◽  
Planning Theory ◽  
Local Context ◽  
Economic Aspects ◽  
Local Planning ◽  
Planning Practice ◽  
The Public ◽  
Planning Framework

The concept of the public interest has often been revisited within theoretical debates related to the fields of politics, decision making, and planning. While it has been claimed that the public interest should serve as one of the main pillars for decision-making, various authors reject the possibility of its operationalization, describing it as a vague criterion for any empirical analysis. With that in mind, the main aim of this paper is to present the role of the public interest and its long lasting tradition in Serbian planning practice from socialism until today, as well as its operational dimensions in relation to the specific post-socialist planning context. This paper will first briefly discuss the nature of the public interest concept in relation to planning. It will go on to present some of the socio-economic aspects of Serbian socialist and post-socialist planning practice, so as to better understand the local context in which the public interest is framed. Finally, it will propose the dimensions of planning practice in which the public interest is articulated. The findings were derived from the analysis of the role of the public interest in planning theory, planning practice, and the Serbian legal planning framework.

scholarly journals Konflik Pengadaan Tanah Untuk Kepentingan Umum Di Kabupaten Maros

2020 ◽  
Vol 1 (1) ◽  
pp. 162-180
Author(s):  
Bustam Bustam ◽  
Syahruddin Nawi ◽  
Hamza Baharuddin
Keyword(s):  
Decision Making ◽  
Conflict Resolution ◽  
Public Interest ◽  
Public Understanding ◽  
Land Acquisition ◽  
Legal Research ◽  
The Public ◽  
The Law

Tujuan Penelitian ini adalah 1) Untuk mengetahui bentuk konflik yang timbul pada pelaksanaan pengadaan tanah bagi pembangunan untuk kepentingan umum di Kabupaten Maros setelah pemberlakuan Undang-undang No. 2 Tahun 2012 tentang Pengadaan Tanah dan 2) Untuk mengetahui bentuk penyelesaian konflik dalam pelaksanaan pengadaan tanah bagi pembangunan untuk kepentingan umum di Kabupaten Maros. Penelitian ini berbentuk socio legal research. Hasil penelitian menunjukkan bahwa 1) Bentuk-bentuk konflik  dalam pelaksanaan pengadaan tanah bagi pembangunan untuk kepentingan umum adalah konflik horizontal yakni konflik yang melibatkan dua pihak atau lebih  di mana pihak-pihak yang terlibat tidak berada dalam keseimbangan kedudukan. Konflik   ini terjadi karena faktor substansi hukum yang multitafsir, inkonsistensi pelaksanaan tugas dari penyelenggara pengadaan tanah dengan ketentuan dalam Undang-undang Pengadaan Tanah  dan kurangnya pemahaman masyarakat mengenai pengadaan tanah. 2) Bentuk penyelesaian terhadap konflik pengadaan tanah dilakukan melalui  harmonisasi substansi hukum, sinkronisasi antar sektor dalam pengambilan  keputusan, redefinisi beberapa konsep pengadaan tanah dan sosialisasi hukum pengadaan tanah kepada masyarakat, sosialisasi hukum kepada masyarakat. The objectives of this study are 1) To determine the form of conflict that arises in the implementation of land acquisition for development in the public interest in Maros Regency after the enactment of Law No. 2 of 2012 concerning Land Acquisition and 2) To determine the form of conflict resolution in the implementation of land acquisition for development in the public interest in Maros Regency. This research is in the form of socio legal research. The results showed that 1) The forms of conflict in the implementation of land acquisition for development of the public interest are horizontal conflicts, the conflicts involving two or more parties in which the parties involved are not in a balanced position. This conflict occurred due to the substance of the law which has multiple interpretations, inconsistency in the implementation of the duties of the land acquisition organizer with the provisions in the Land Acquisition Law and the lack of public understanding of land acquisition. 2) The form of resolution of land acquisition conflicts is carried out through harmonization of legal substance, synchronization between sectors in decision making, redefinition of several land acquisition concepts and socialization of land acquisition law to the community, and socialization of the law to the community.

scholarly journals EXERCISING THE RIGHT TO VOTE IN THE EUROPEAN ECONOMIC INTEREST GROUPING

2014 ◽  
Vol 8 (4) ◽  
pp. 1-6
Author(s):  
Carmen - Nicoleta Bărbieru
Keyword(s):  
Decision Making ◽  
Economic Interest ◽  
Important Place ◽  
European Economic ◽  
The Public ◽  
Minimum Number ◽  
The Will ◽  
Right To Vote ◽  
The Law ◽  
The Right

The article proposes an analysis with respect to the exercise of the right to vote in the European Economic Interest Grouping.Both the European legislator through the Regulation No. 2137/1985, and the Romanian one, through the Law No. 161 of April 19th, 2003 related to certain measures to ensure the transparency in the exercise of the public dignities, of the public functions and in business, the prevention and sanction of corruption have given an important place to the autonomy of the will of the members with regard to the functioning of the group, the first one limited itself regarding the Organization of the group to determine the minimum number of bodies of the group, namely the decision-making and the group administrator. The analysis of the exercise of the right to vote has a triple purpose: the exercise of the right to vote, the criteria for the award of the right to vote and making decisions.

scholarly journals Sharing confidential health data for research purposes in the UK: where are ‘publics’ in the public interest?

2020 ◽  
Vol 16 (2) ◽  
pp. 249-265 ◽  
Author(s):  
Annie Sorbie
Keyword(s):  
Public Interest ◽  
Health Research ◽  
Health Data ◽  
The Public ◽  
Social Legitimacy ◽  
The Law ◽  
The Uk ◽  
Multiple Actors ◽  
Research Endeavour

In this article I respond to the tendency of the law to approach ‘the public interest’ as a legal test, thereby drawing the criticism that this narrow notion of what purports to be in the public interest is wholly disconnected from the views of actual publics, and lacks social legitimacy. On the other hand, to simply extrapolate outputs from public engagement work into policy (or indeed law) is equally problematic, and risks being at best ineffective and at worst reinforcing existing inequalities. Given this apparent disconnect between these conceptions of the public interest, and the shortfalls inherent in each, this article scrutinises this disjuncture. I argue that the application of a processual lens to the construction of the legal and regulatory role of the public interest sheds light on how legal notions of the public interest, and attitudes of actual publics towards data sharing, might be reconciled. I characterise this processual approach as being iterative and flexible, specifically drawing attention to the way that multiple actors, processes and interests interact, change and evolve over time in the health research endeavour. This approach is elaborated through two case studies that illustrate how the public interest appears in law (broadly conceived). Its application provides novel insights into the ways in which the public interest can be crafted within and beyond the law to better inform the development of health research regulation.

scholarly journals THE ROLE OF ENFORCING TRANSPARENCY, COMPETITION AND OBJECTIVE CRITERIA IN DECISION MAKING IN SUPPORT OF THE WEAK PARTY OF GOVERNMENT CONTRACTS

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Kheirollah Parvin ◽  
Karim Farhadi
Keyword(s):  
Decision Making ◽  
Private Sector ◽  
Public Interest ◽  
Government Contracts ◽  
Weak Support ◽  
The Public ◽  
Private Interests ◽  
Weak Side ◽  
Weak Party

The special features of government contracts, such as the accession of these transactions and the prioritization of public interest over private interests, create a situation that undermines the principle of equality of the parties and their free will and weakens the private side of these contracts. The weaknesses on the private side of the contract are not always in the public interest, and exacerbating this situation can lead to a weakening of the private sector and ultimately to the general economy of countries. Therefore, lawyers and economists have come up with ways to protect it from the weak side of government contracts. The fruit of weak support in government transactions is to balance the benefits of executing and executing these contracts and thereby achieve public goals while strengthening and safeguarding the interests of the private sector. One of the most effective ways of supporting the weak side is to create a framework that compensates for non-compliance with the principle of equity in government transactions and provides grounds for fair private sector growth and development. The most important of these contexts are the implementation of the principles of transparency, competition and objective criteria in decision making. In this article, while outlining these principles in relation to government contracts, we will study the role of adherence to each of these principles in protecting the weak side in government contracts.

Implementasi Asas Keterbukaan pada Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum: Antara Harapan dan Kenyataan

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Priyo Katon Prasetyo ◽  
Rosye Villanova Christine ◽  
Sudibyanung Sudibyanung
Keyword(s):  
Information Asymmetry ◽  
Case Studies ◽  
Public Interest ◽  
Economic Inequality ◽  
Land Acquisition ◽  
The Public ◽  
Land Scarcity ◽  
Library Research ◽  
Role Of Information

Abstract: Based on Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest, the Openness Principle is one of the ten principles as the basis of the implementation of development. This principle is significant because its complex role can lead to conflicts and disputes. In this paper, discussions are divided into two parts: 1) how the implementation is expected to be applied according to the acquisition procedure in theory; and 2) the reality that occurs in the field. The first discussion was conducted by reviewing the applicable regulations and the methods or concepts of development of the openness principle. Meanwhile, the second discussion about the reality on the field was conducted by elaborating case studies regarding problems in land acquisition. The results of this study indicate that there are gaps in the implementation of the openness principle between theory and reality in regards of land scarcity, economic inequality, and information asymmetry among the involved parties. In conclusion, the implementation of the openness principle is significant with the role of information in land acquisition.Intisari: Berdasarkan Undang Undang Nomor 2 Tahun 2012 tentang Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum, Asas Keterbukaan adalah salah satu dari sepuluh asas yang menjadi dasar pelaksanaannya. Asas ini menjadi signifikan karena perannya yang kompleks dapat menimbulkan konflik dan sengketa. Artikel ini akan membagi pembahasan menjadi dua bagian: pertama, bagaimana implementasi yang seharusnya diterapkan pada prosedur pengadaan secara harapan, dan kedua, membahas mengenai realita yang terjadi di lapangan. Secara harapan pembahasan dilakukan dengan melakukan library research atau studi terhadap peraturan yang berlaku dan metode-metode atau prinsip perkembangan dari asas keterbukaan. Realitas di lapangan akan dielaborasi dari studi kasus mengenai permasalahan dalam pengadaan tanah. Hasil dari penelitian ini menunjukkan ada gap dalam implementasi asas keterbukaan antara harapan dan realitas di lapangan yang bersumber dari kelangkaan sumber daya/tanah, ketimpangan ekonomi dan asimetri informasi di antara para pihak yang terlibat. Tulisan ini menyimpulkan bahwa implementasi asas keterbukaan signifikan dengan peran informasi dalam pengadaan tanah. 

Sign in / Sign up

Export Citation Format

Share Document