Specificity of the interpretation of constitutionality in the Fifth Republic in France

2021 ◽  
Vol 30 (3) ◽  
pp. 125-140
Author(s):  
Dar'ya Kalish
Keyword(s):  
Eu Law ◽  
International Treaties ◽  
Fifth Republic ◽  
Constitutional Review ◽  
Modern France ◽  
Legislative Proposals ◽  
Long Time ◽  
The Law ◽  
The Government ◽  
Council Of State

In France, the understanding of the constitutionality of law and the wider institution of constitutional control have interesting features, especially when compared to other countries that use the traditional, legal European (Kelsen’s) model. These include the originality of the standard, against which legislative acts are checked. It is the so-called constitutional bloc, which, in addition to the 1958 Constitution itself, includes the Declaration of the Rights of Man and Citizen of 1789, the Preamble to the 1946 Constitution, the 2004 Environmental Charter, as well as the principles to which the Constitutional Council attaches constitutional significance. A feature of French public law in accordance with the 1958 Constitution is the non-universal legislative competence of parliament and the delimitation of the areas of regulation of law and regulations (government acts). In this regard, one of the requirements for the constitutionality of the law in France is that it should not interfere with the sphere of regulatory power, that is, it should not touch upon issues that are not attributed to the subject of legislative regulation by the Constitution. However, Parliament’s violation of the delimitation of legislative and regulatory regulation established by the Constitution does not include the unconstitutionality of the corresponding law (its individual provisions), instead only allowing the Government to amend them by its decrees. For a long time in France, there was only preliminary constitutional control over laws, legislative proposals submitted to a referendum, regulations of the chambers of Parliament and international treaties. As a result of the 2008 constitutional reform, a specific, subsequent constitutional review was introduced. It can be initiated in the Constitutional Council by the Court of Cassation or the Council of State upon an appeal, respectively, by a court of general jurisdiction or an administrative court, before which a statement is made that the law being applied to the dispute under consideration violates constitutionally guaranteed human rights. The institution of subsequent constitutional review has proved to be in great demand, and currently, most of the Constitutional Council’s decisions are made within its framework. In modern France, the development of legislation is significantly influenced by EU law. However, neither the Constitutional Council nor the Council of State directly monitor the compliance of laws and regulations with international treaties and EU law.

scholarly journals Abortion: A Review on Indonesia Regulations

Rechtsidee ◽  
2019 ◽  
Vol 7 ◽  
Author(s):  
Hariansi Panimba Sampebulu
Keyword(s):  
Reproductive Health ◽  
Government Regulation ◽  
Safe Abortion ◽  
Long Time ◽  
The Law ◽  
Legal Construction ◽  
The Government ◽  
The Right

The position of women in legal construction in Indonesia today is still difficult to adjust to the circumstances that occur, especially in terms of equality issues. The abortion that has been a problem for so long time, being discussed because of the rules that are considered not in accordance with the existing rules, and the amount of pressure from various things. Law and Women are always placed in objects that are not neutral, especially in terms of discussing reproductive health. The government and legislation feel that they have a stake in integrating reproductive health owned by women. It is the position of women in the law that gives rise to many struggle movements and the diffusion of feminism in Indonesia. The rules of Article 31 paragraph 1 and 2 of Government Regulation Number 61 of 2014 which regulate safe abortion need to be more attention and safeguarded, so that a woman has the right to be based on herself. 

The Polish Legal and Organisational Solutions Combating Terrorism

2018 ◽  
Vol 10 (1) ◽  
pp. 137-145
Author(s):  
Bernard Wiśniewski
Keyword(s):  
Dynamic Changes ◽  
Government Administration ◽  
The Past ◽  
Legal Provisions ◽  
Legal Nature ◽  
Long Time ◽  
The Law ◽  
The Government ◽  
The Moment ◽  
National Experience

Legal solutions adopted over the past few years in Poland indicate that attempts are being systematically made to improve the mechanism for counteracting terrorism. Terrorism in Poland has been opposed for a long time. The commencement of such systematic solutions took place on the 25th of October 2006 through the appointment by the Prime Minister of the Inter-ministerial Team for Terrorist Threats and ended ten years later, on the 10th of June 2016, by the adoption of the law on anti-terrorist activities. For the above-mentioned reasons, the two main parts are devoted to the issues of the commencement of legal and organisational undertakings in the fight against terrorism and the characteristics of systemic statutory solutions are preceded by considerations with conclusions. The article discusses the issues of initiatives undertaken by the government administration and presents the circumstances in which it tried to face up to the problem of developing draft laws of the law now in force. In consequence, this serves to present the areas of responsibility and tasks of government administration bodies specified in the said Act. The considerations presented in this study indicate that global and national experience gained in recent years has shaped the“Polish model of combating terrorism”, which has recently found its confirmation in the relevant legal provisions. The basis for the development of this article is the interest in improving the effectiveness of combating terrorism which, for obvious reasons, is not reducing and remains very substantial. This applies to both theoreticians and practitioners. This results first of all from the needs of the challenges and threats that are subject to dynamic changes. Secondly, through the adaptation of the tools used by the state, including those mainly legal of a legal nature. These must be improved from the moment of their implementation.

Der Arzt im Konflikt zwischen Fehleroffenbarungspflicht und Selbstbelastungsfreiheit

2021 ◽  
Author(s):  
Iris Winkler
Keyword(s):  
Medical Errors ◽  
Case Law ◽  
Civil Code ◽  
Law Reform ◽  
Medical Negligence ◽  
Constitutional Review ◽  
Patients Rights ◽  
Long Time ◽  
The Law ◽  
Treatment Contract

For a long time, there was a diffuse body of opinion in the literature and case law regarding the physician's duty to disclose medical errors. With the entry into force of the Patients' Rights Act 2013, further discussion has become superfluous. In the course of the law reform, a corresponding right of the patient to information under the treatment contract was included in the German Civil Code. However, given the earlier controversy on this issue, it is hardly surprising that it is one of the most controversial provisions of the Patients' Rights Act. In addition to clarifying a number of legal uncertainties, the paper also provides a constitutional review of this provision as well as alternative incentives for dealing openly with medical negligence.

scholarly journals Abortion: A Review on Indonesia Regulations

Rechtsidee ◽  
2019 ◽  
Vol 6 (1) ◽  
Author(s):  
Hariansi Panimba Sampebulu
Keyword(s):  
Reproductive Health ◽  
Government Regulation ◽  
Safe Abortion ◽  
Long Time ◽  
The Law ◽  
Legal Construction ◽  
The Government ◽  
The Right

The position of women in legal construction in Indonesia today is still difficult to adjust to the circumstances that occur, especially in terms of equality issues. The abortion that has been a problem for so long time, being discussed because of the rules that are considered not in accordance with the existing rules, and the amount of pressure from various things. Law and Women are always placed in objects that are not neutral, especially in terms of discussing reproductive health. The government and legislation feel that they have a stake in integrating reproductive health owned by women. It is the position of women in the law that gives rise to many struggle movements and the diffusion of feminism in Indonesia. The rules of Article 31 paragraph 1 and 2 of Government Regulation Number 61 of 2014 which regulate safe abortion need to be more attention and safeguarded, so that a woman has the right to be based on herself. 

scholarly journals UNFORESEEABILITY AND ABUSE OF CRIMINAL LAW DURING THE COVID-19 PANDEMIC IN SERBIA

2021 ◽  
Author(s):  
Veljko Turanjanin
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Executive Branch ◽  
State Of Emergency ◽  
Constitutional Review ◽  
The Rule Of Law ◽  
European Court ◽  
The Law ◽  
The Republic ◽  
The Government

The author deals with the problem of criminal measures and sanctions in the legislation of the Republic of Serbia during the Covid-19 pandemic. The executive branch of the government declared a state of emergency in the Republic of Serbia in March 2020. At the same time the so-called Crisis Headquarter was established with the authority to impose measures of criminal-legal nature. During the two-month state of emergency, through the Crisis Headquarter, the executive branch of the government was changing criminal laws and sanctions at an almost daily basis. It is debatable whether such laws meet the rule of law and the European Court of Human Rights standards. Many citizens failed to adapt their behavior to the imposed measures. On the one hand, the courts have fallen into the trap of double punishment, both for a crime and for a misdemeanor. On the other hand, justifications of the courts’ decisions are also questionable, especially those containing references to statements made by members of the crisis team through the media. Furthermore, the Constitutional Court didn’t rule on any of the numerous requests for constitutional review, but in September it came out with the view that since the state of emergency was over, its decision was unnecessary. The paper is comprised of several units. In the first place, the author explains the process of legal changes by analyzing all the laws and rules that were passed by the end of 2020, as well as data related to the punishment of residents whose behavior was not in accordance with existing legal solutions. Bearing in mind the standards of the rule of law and the European Court of Human Rights, the author then explains that the measures implemented by the Serbian authorities do not meet the basic required criteria, primarily the foreseeability of the law, as well as that the laws were abused for the purpose of the election campaign. The special attention is paid to curfews and the complete ban on leaving homes for senior citizens well as ban of contacting with the family members, and then the lockdown of the rest of the population. The actions taken by the authorities during the epidemic resulted in violation of human rights of their citizens, and experience shows that the only court that citizens will be able to turn to will be the European Court of Human Rights. The author believes that with this understanding of the law and respect for its own citizens, the European Union can only be a distant idea.

scholarly journals PERLINDUNGAN HAK WARGA TERHADAP PENEGAKAN HUKUM DI BIDANG KEHUTANAN

2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Muhammad Zulfan Hakim
Keyword(s):  
Law Enforcement ◽  
Indigenous People ◽  
Environmental Law ◽  
Forest Area ◽  
The Other ◽  
New Era ◽  
Forestry Sector ◽  
Long Time ◽  
The Law ◽  
The Government

AbstractLaw enforcement in environmental law especially in forestry sector has been living in a new era since the birth of some regulations in environemntal law. Since then, sectoral regulations also emerging and of course this regulations need to be uphold, in order to maintain thefunction of our environment. Beside the Law No. 41/1999 about Forestry, there is also Law No. 18/ 2013 about Prevention and Protection From  Forest Destruction. In the other hand, this law are conflicting with the natives that already living in forest area, long before that region stated as a protected forest by the government. This paper tries to explain how to handle such confilct between indigenous people that already living in the forest and the law enforcement agent since they have been living their way since long time ago like their anchestors.  

scholarly journals A Comparative Overview of the (Sometimes Uneasy) Relationship between Digital Information and Certain Legal Fields in South Africa and Uganda

2017 ◽  
Vol 17 (1) ◽  
pp. 326
Author(s):  
Dana Van der Merwe
Keyword(s):  
South Africa ◽  
Present Article ◽  
The United States ◽  
United States Government ◽  
Executive Power ◽  
Digital Information ◽  
International Treaties ◽  
The Usa ◽  
The Law ◽  
The Government

The present article focuses on the (sometimes problematic) relationship between digital information and certain legal fields. Most legal rules developed long before the arrival of the computer and the digital telephone, and these rules are now under considerable strain to adapt. Digital information is rapidly becoming one of the 21st Century’s most valuable assets. This raises the question as to whether or not the law is able to adequately protect this phenomenon against the many attacks being launched against it. The present article analyses certain legal fields in this regard, namely privacy, criminal law, and the law of evidence. The world seems suddenly to have woken up to the fact that digital technology might be a mixed blessing, especially as is shown by certain recent incidents relating to privacy in the USA. In order to obtain an “Africa perspective” the legal situation in South Africa is compared to that in Uganda (East Africa) against a background of multilateral treaties that might apply in this regard.An important point to keep in mind while weighing up legal interests is whether the State may attempt to be both neutral umpire (by means of its judicial power) as well as one of the players who want to win (as the executive power, when government information is at stake). A number of recent incidents in which the United States government has been involved seem to indicate that this attempt to sit on two stools at the same time is likely to diminish respect for the government (and its regulatory efforts) amongst the general population. A specific problem with enforcement consists of the international nature of infringements. The Internet knows no borders and this factor suggests that effective international co-operation is an essential prerequisite for the law to function adequately in an international context. The concluding of International treaties between groupings of countries is put forward as perhaps the most effective solution in this regard.

scholarly journals Political Will Di Dalam Undang Undang Republik Indonesia No 6 Tahun 2014 Tentang Desa

POLITEA ◽  
2019 ◽  
Vol 2 (2) ◽  
pp. 171
Author(s):  
Mahda Reza Kurniawan
Keyword(s):  
Social Space ◽  
Good Governance ◽  
The State ◽  
Literature Study ◽  
Political Will ◽  
Long Time ◽  
The Law ◽  
The Republic ◽  
The Government ◽  
Implicit And Explicit

<p>People in a country, of course, have the customs and culture of each. This custom was born and developed from the behavior that was sustained in a relatively long time on the initiative of the party who first set. In its development, the behavior is then followed by several individuals in the social space to foster a culture-customs and traditions. In the era of globalization, where cultures, customs or habits that may be opposed to the state ideology enter freely, this is where the state is present to protect these customs along with the actors who have been implementing them. The presence of the state in the government's efforts to create good governance and political will is implicit and explicit in the Law of the Republic of Indonesia No. 6 of 2014 concerning Villages.</p><p>The article examines and discusses and examines the law on village number 6 in 2014 with paradigm, socio-political-anthropological. Studies and studies are carried out using the literature study method in the law with guidelines and a blend of Political, Social and Anthropological theories.</p><p>In the discussion and conclusion, it is explained and discussed that in the village law explicitly and implicitly indeed shows that the government has a good faith in organizing the country in accordance with the goals and vision of the state mission, in the context of village laws.</p>

scholarly journals LAW ENFORCEMENT BASED ON THE ENVIRONMENT: SOLUTION OF LAND PROBLEMS AFTER TSUNAMI, LIQUEFACTION, AND EARTHQUAKE IN CENTRAL SULAWESI

2020 ◽  
Vol 5 (1) ◽  
pp. 140-155
Author(s):  
Sulbadana Sulbadana
Keyword(s):  
Law Enforcement ◽  
Natural Disaster ◽  
The Status ◽  
Long Time ◽  
The Law ◽  
The Government ◽  
Central Sulawesi

On September 28, 2018, there was a natural disaster in the form of Tsunami, Liquefaction, and Earthquake that struck Palu City. Sigi Regency and Donggala Regency, Central Sulawesi Province, in addition to damaging various infrastructures, the natural disaster also claimed lives that made the government have to issue a policy by setting red zones or areas that are not habitable. With the policy to determine the red zone, it will certainly cause problems related to the status of the land after being abandoned by the owner and until now there is no certainty related to what is the basis for the determination of the red zone by the government, there is no guarantee that the red zone is an uninhabitable area, giving rise to a polemic what if after being abandoned for a long time it turns out that nothing happened as feared in the red zone. The law is demanded to be present to answer the problem and provide solutions for all parties with a legal approach based on ecology and the values of natural balance.

Pengaturan Waralaba Di Indonesia: Perspektif Hukum Bisnis

Liquidity ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 159-166
Author(s):  
Muchtar Riva’i
Keyword(s):  
Government Regulation ◽  
Small And Medium Enterprises ◽  
Economic Community ◽  
The Law ◽  
The Government ◽  
Medium Enterprises ◽  
Article 5 ◽  
Laws And Regulations

The law arrangement of franchise law was first explicitly regulated by the Government Regulation No. 16 of 1997 which is then updated by Government Regulation No. 42 of 2007 to be created in an agreement that at least contains clauses as stipulated by Article 5 of the Government Regulation. However, franchise arrangements also associated with a variety of other laws and regulations applicable in Indonesia. This article is going to state that the importance of partnerships with small and medium enterprises as an effort to encourage the involvement of the wider economic community.

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