scholarly journals Vulnerable consumers, their health and urgent supply of electrical energy in Slovenian legal framework

2018 ◽  
Vol 11 (2) ◽  
pp. 91-106
Author(s):  
Luka Martin Tomažič ◽  
Suzana Bračič ◽  
Borut Bratina

The question of access to a cost-accessible source of electrical energy during the winter months is one of the pressing concerns of social security even in developed states. We will analyse the complex legal, health and economic issues that are connected with the notion of who a vulnerable consumer is as defined in the Slovenian Energy Code (EZ-1). We will do so by analysing the nature of electrical energy in the Slovenian legal framework and then by evaluating the legal solutions proposed for vulnerable consumers. Consequences for an individual’s health, with a focus during the winter months, will be assessed and a comparative overview of legal solutions will be performed. Lastly, we will argue that the current solution may well be economically untenable and that a revision might be in order.Vprašanje dostopa do stroškovno dostopnega vira električne energije v zimskih mesecih je tudi v razvitih državah eden od nujnih vprašanj socialne varnosti. Analizirali bomo kompleksna pravna, zdravstvena in ekonomska vprašanja, povezana s pojmom, kdo je ranljivi potrošnik glede na opredelitev v slovenskem Energetskem zakonu (EZ-1). Tega se bomo lotili z analizo narave električne energije v slovenskem pravnem okviru in nato z oceno zakonskih rešitev, ki so predlagane za ranljive potrošnike. Ocenili bomo posledice za zdravje posameznika, s poudarkom na zimskih mesecih, in podali primerjalni pregled zakonskih rešitev. Sklepno bomo trdili, da bi bila sedanja rešitev lahko ekonomsko nevzdržna, zato bi bila priporočljiva sprememba zakonodaje.

Author(s):  
Jérémie Gilbert

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.


2018 ◽  
Author(s):  
Jarosław Gryz

The purpose of submitted Article is to indicate the character of the challenges related to migrations, their selected forms and influence on Transatlantic community states security . Thesis stipulates that the phenomenon of migrations in the first half of the 21st century more and more strongly defines the context of social security of states implying Transatlantic bonds and international actions taken or not undertaken in their formula. One can assume that migrations, in addition to political and military as well as economic issues, will be the one of domains of NATO security management. The above-mentioned factors will lead to a change in the character of the relations within the Transatlantic Community. <br>


2020 ◽  
Vol V (IV) ◽  
pp. 17-28
Author(s):  
Mirza Shahid Rizwan Baig ◽  
Rao Qasim Idrees ◽  
Hafiz Muhammad Usman Nawaz

Housing has been given a special priority by the present Government of Pakistan due to its huge financial impact. One of the basic necessities of life includes housing. Housing has been acknowledged as directory principle under the Constitution of Islamic Republic of Pakistan 1973. Under the scheme of the Constitution of Pakistan 1973, the provision of housing units is primarily the responsibility of the Local Governments in the provinces, but they have miserably failed to do so. This article points out some of the major reasons and obstacles due to which housing laws are unable to regulate the housing industry of Pakistan in an effective manner. At the end of this article, some suggestions and recommendations have been given, which are necessary to improve the legislative as well as the regulatory mechanism of the housing industry in Pakistan.


2020 ◽  
Vol 8 (2) ◽  
pp. 304-330
Author(s):  
Aaron Halegua ◽  
Xiaohui Ban

Abstract The launch of China’s Belt and Road Initiative has brought attention to the dispatch of Chinese workers overseas. These vulnerable migrants are often charged high fees in China only to suffer wage abuses and work injuries abroad, where obtaining relief is often impossible. But what laws or regulations within China protect these workers, and how effective are they? This study takes an initial step towards answering those unexplored questions by analysing over 100 Chinese court decisions. While, for much of the China’s history, overseas workers were primarily seconded abroad by Chinese employers, a clear preference has emerged for sending workers through intermediary agencies that can charge fees and execute ‘service’ contracts. Nonetheless, the courts generally provide some relief to aggrieved workers who are dispatched through formal channels. However, a large number of workers go abroad through informal brokers. When disputes arise in these cases, judicial practice becomes very inconsistent. Ironically, workers sometimes fare better because the courts adopt a ‘strict liability’ approach that punishes the unregistered broker, ordering them to pay all compensation or refund all fees. But some judges punish the worker who entrusted an unregistered broker or worked abroad on a tourist visa. And other courts simply treat the matter as a contract or tort dispute. While aggrieved overseas workers who litigate in court face mixed results, this article also discusses why many workers never make it to the courthouse door. The conclusion offers proposals to enhance protections for overseas workers and discusses why it is important that China do so.


2012 ◽  
Vol 14 ◽  
pp. 1-47 ◽  
Author(s):  
Sue Arrowsmith

AbstractThere currently appears to be considerable confusion amongst regulators and stakeholders over the purpose of the EU’s directives on public procurement and lack of a clear vision of what the directives seek to achieve. Against this background this article has two objectives. First, it seeks to provide a framework for understanding the directives’ functions and their relationship with national policy. In this respect it identifies the ends and means that the directives do, or could, adopt and/or which have been ascribed to them, and considers the implications of each for national regulatory space. Secondly, for each of the ends and means it suggests a specific legal interpretation of its actual and potential role in the EU’s legal framework.It is argued that the directives seek to promote the internal market and that they seek to do so solely by three means—prohibiting discrimination, implementing transparency, and removing barriers to access. It rejects, on the other hand, certain broader conceptions of the directives, including that they promote a single market by standardising procedures; that they replicate in the public market the competitive process of the private market; and that they seek value for taxpayers’ money. It is argued that rejection of these broader functions has important implications for the scope of national regulatory space, both as regards the ‘commercial’ aspects of public procurement—notably ensuring value for money and an efficient procurement process—and as regards ‘horizontal’ policies in the sense of policies that promote social and environmental objectives through public procurement.


2019 ◽  
Author(s):  
Yuxi Jin

The first Chinese Social Security Law of 2011 states that the state should set up a social security system that is based on the legal guideline of sustainability. In this study, the author discusses a question which is still unresolved in China: What is the role of this principle of ‘sustainability’, which is hardly substantiated by legislators, as a legal concept in the pension scheme system? This book deals with the theoretical analysis of the concept of sustainability and its development on the basis of the existing legal framework, the practical interpretation and implementation of the sustainability concept as an objective in the field of pension schemes, an analysis of the dogmatic functions of the sustainability concept within the framework of China’s law on pensions, and the developments and problems in the Chinese pension scheme system and their possible solutions, while also considering the various influences on that system.


2015 ◽  
Vol 15 (3) ◽  
pp. 452-484 ◽  
Author(s):  
Sarah Williams ◽  
Emma Palmer

Widespread sexual violence was a feature of Democratic Kampuchea, whether during forced marriages, as an instrument of torture, or as a systematic feature of Khmer Rouge policy, with rape often the precursor to execution. Since it was established, the Extraordinary Chambers in the Courts of Cambodia (eccc) has secured a single conviction of sexual violence. This article draws on the eccc’s jurisprudence and decisions of other international criminal tribunals to argue that, to date, the eccc has made little contribution to the development of the legal framework surrounding sexual violence. However, there remain several possibilities for it to do so.


1943 ◽  
Vol 37 (2) ◽  
pp. 314-319
Author(s):  
W. Hardy Wickwar

The Beveridge, Scott, and Uthwatt reports are all concerned with the widening framework of governmental action within which our free enterprise system operates. None of them is revolutionary. The Scott report has even been called reactionary. The Beveridge and Uthwatt reports are based on a generation of practical experience. In their attempt to infuse a few clear principles into future policy, these two great reports, in their different ways, point towards greater order and system, the smoothing away of anomalies, the filling in of gaps. Procedures which have served certain categories of people or certain localities, they attempt to make universally and equally available to all people or to all localities. They mark a decisive step in the passage from the fragmentariness that is inseparable from experiment to the universality that is characteristic of good government.Sir William Beveridge's plan for social security is nothing less than an attempt to abolish want by redistributing income. He assumes that society has somehow to pay the cost of privation in any case, and therefore might as well do so consciously and deliberately through the instrumentality of government.


Author(s):  
Serhii Diachenko ◽  
Liudmyla Tsiukalo

The article deals with the modern legal framework that regulates the issues related to social security of the military of the Armed Forces of Ukraine. One of the components of the personnel social security - pension - is analyzed. Peculiarities of pension provision of personnel retired from military service are considered. The focus is on the issues of recalculation of pensions due to changes in legislation. Ways to improve the pension provision of persons retired from military service considered are proposed.


2021 ◽  
Vol 59 (3) ◽  
pp. 361-377
Author(s):  
Katarina Jovičić

The subject of this paper refers to a special legal regime for vulnerable consumers protection. Special rules for their protection may be determined and applied only if the general term "vulnerable consumer" is clearly defined. Comparative legal research has shown that this requirement has not yet been met in a way that it is widely recognized as acceptable. However, the special term "vulnerable consumer", which is related to certain economic sectors, has been defined with more success. This paper explores the reasons which explain this and analyse the special legal protection of consumers in EU and Serbia on the example of an energy vulnerable customer. Based on examples of good practice, it is indicated that there is a lot of space for improving the position of vulnerable consumers if traders recognize the special needs of them and if they act responsibly and in accordance with the principle of good faith.


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