scholarly journals Legal justification of government acts and acts of disposal in the public rights of the Republic of Serbia

2012 ◽  
pp. 47-54
Author(s):  
Aleksandar Martinovic
Keyword(s):  
National Assembly ◽  
The Public ◽  
Public Rights ◽  
System Coherence ◽  
Legal Justification ◽  
The Republic ◽  
The Government ◽  
Legal Security ◽  
Legal Character ◽  
Made In

The acts deciding on selection, appointment, nomination or deprivation have a unique legal character, regardless of which subject appears in the capacity of the enactor of the respective act - the Government, President of the Republic, National Assembly, ministry or the appropriate non-governmental subject. From the viewpoint of the coherence of the legal system coherence and of the citizens? or artificial persons? legal security, it is not good to treat these acts differently in situations which are in essence identical. We consider that it is a question of acts which differ from administrative acts, for a basic reason: they are passed in matters which are not administrative ones. Therefore, the distinction between matters in which decisions are made in regard to appointment, nomination or deprivation and matters of administration, regulated in Art. 43, Par. 2 of the Government Act, should be equally implemented by competent judicial instances, or by other appropriate authorities in the Republic of Serbia.

Always the bridesmaid, never the bride?: Legislating in English and Welsh

2019 ◽  
Vol 33 (1) ◽  
pp. 85-105
Author(s):  
Richard M Crowe
Keyword(s):  
Legal Profession ◽  
National Assembly ◽  
The Public ◽  
Welsh Language ◽  
The Law ◽  
The Government ◽  
Official Status ◽  
Made In

Abstract Welsh has official status in Wales, where it is spoken by approximately 20 % of the population. All adult speakers of Welsh are also able to speak English. The National Assembly for Wales and the Welsh Ministers legislate in both Welsh and English. The Government of Wales Act 2006 provides that the English and Welsh texts of any Act of the Assembly or any subordinate legislation enacted or made in both English and Welsh are to be treated, for all purposes, as being of equal standing. This paper examines the role legislating bilingually plays in confirming the official status of the Welsh language; how the bilingual texts are produced by a process of collaborative translation within an administration where English is the dominant working language; how they are scrutinised by a legislature where legislators are free to use either or both languages, but where, in practice, English dominates; and how they are promulgated in both languages in the form in which they are enacted or made, but only routinely updated in English. It further considers what the principle of ‘equal standing’ may mean and how effect may be given to it; how these bilingual texts may be interpreted by the public and the legal profession, domains in which English dominates; and what implications the production, scrutiny, promulgation and interpretation of bilingual legislation have for the accessibility of the law in Wales.

scholarly journals Fostering public accountability in South Africa: A reflection on challenges and successes

2016 ◽  
Vol 12 (1) ◽  
Author(s):  
Pandelani H. Munzhedzi
Keyword(s):  
South Africa ◽  
Public Service ◽  
Service Provision ◽  
Public Services ◽  
Public Accountability ◽  
The Public ◽  
Current State ◽  
Public Service Provision ◽  
The Republic ◽  
The Government

Accountability and oversight are constitutional requirements in all the spheres of government in the Republic of South Africa and their foundation is in the Constitution of the Republic of South Africa of 1996. All spheres of government are charged with the constitutional mandate of providing public services. The level of responsibility and public services provision also goes with the level of capacity of a particular sphere. However, most of the direct and visible services that the public receives are at the local sphere of government. As such, enormous resources are channelled towards this sphere of government so that the said public services could be provided. It is imperative that the three spheres of government account for the huge expenditures during the public service provision processes. The parliaments of national and provincial governments exercise oversight and accountability over their executives and administrations through the Public Accounts Committees, while the local sphere of government relies on the Municipal Public Accounts Committees. This article is theoretical in nature, and it seeks to explore the current state of public accountability in South Africa and to evaluate possible measures so as to enhance public accountability. The article argues that the current public accountability mechanisms are not efficient and effective. It is recommended that these mechanisms ought to be enhanced by inter alia capacitating the legislative bodies at national, provincial and local spheres of the government.

scholarly journals Nieważność i wygaśnięcie konkordatu polskiego z 1993 r.

2020 ◽  
pp. 43-62
Author(s):  
Paweł Borecki
Keyword(s):  
Catholic Church ◽  
Vienna Convention ◽  
International Agreement ◽  
Holy See ◽  
The Public ◽  
Political Reality ◽  
Legal Situation ◽  
Polish Society ◽  
The Republic ◽  
The Government

From time to time, there is a proposal in the public debate in Poland to break the 1993 concordat, and this has also recently been the case. However, in the current systemic and political reality of contemporary Poland, the issue of the invalidity or expiry of the Polish concordat is one purely for theoretical (academic) discussion. It is worth analyzing this through the prism of the Vienna Convention on the Law of Treaties of 1969 and the Constitution of the Republic of Poland of 1997. The only hypothetical grounds for an annulment of the 1993 Concordat would be the allegation that it was concluded in violation of Art. 46 of the Vienna Convention, i.e. in breach of the rules of national law concerning the competence to conclude a treaty of fundamental importance. The Government of the Republic of Poland did not raise this objection within a reasonable time. There are also no circumstances that could constitute obvious reasons for considering the Polish concordat of 1993 as expired. One might try to defend the position that the concordat may be terminated unilaterally, despite the fact that it does not contain an appropriate clause in this regard. It can be compared to a friendship treaty. Such contracts are, by their very nature, subject to termination. It also seems that if need be, the Polish side might be able to terminate the concordat due to a fundamental change in circumstances, e.g. by referring to the rapidly progressing secularization process of Polish society. A very serious barrier to the termination of the concordat by the Polish side is the Constitution of the Republic of Poland of 1997. In Art. 25 sec. 4 it provides for the obligation to define the relations between the state and the Catholic Church, especially in the form of an international agreement with the Holy See. The hypothetical termination of the 1993 concordat would require prior appropriate amendment of Poland’s constitution and the consent of a number of state bodies. In the current legal situation in Poland, the termination of the treaty with the Vatican is very difficult in procedural terms, and is politically unrealistic.

scholarly journals Constitutional and legal status of the Constitutional Council of France

2020 ◽  
pp. 138-141
Author(s):  
Andrey Irkliienko
Keyword(s):  
Legal Status ◽  
The State ◽  
Constitutional Court ◽  
Dual Nature ◽  
National Assembly ◽  
Binding Force ◽  
The Republic ◽  
Made In

he Constitutional Council of France is a body of constitutional control established by the Constitution of 1958. The ConstitutionalCouncil is not the only body that carries out the control over constitutionality. The peculiarity of constitutional control in France consistsin the fact that it has a dual nature and goes beyond well-known models of constitutional control. The constitutionality of acts, issuedby the Parliament, is considered by the Constitutional Council, and after the executive bodies do that, it is passed on to the State Council.Despite the fact that the Constitutional Council is not nominated by a court, its decisions, by their essence, are judicial acts and,likewise the decisions of the Constitutional Court of Ukraine, are endowed with the property of binding force. They are obligatory forall administrative and judicial bodies and are not subjected to revision (the Paragraph 3 of the Article 62 of the French Constitution).However, it should be taken into account that in addition to binding decisions, the Constitutional Council “expresses opinions” that areadvisory in their nature.In addition to carrying out constitutional control, the Constitutional Council has a number of other functions, such as political,advisory and acts as a court to assess the results of elections of deputies to the National Assembly and the Senate, and elections of thePresident of the Republic. Perhaps that is why the Constitutional Council classifies its decisions due to the types of its own powers.Herewith, the noted specific peculiarities are denoted by the Constitutional Council with the help of fixed letter combinations, which are included in the numbers of decision: REF, enacted on referendum issues; ORGA, enacted on issues of the organization of the Cons -titutional Council, etc.Since, despite all the diversity of functions of the Constitutional Council of France, therefore, its main purpose remains the cons -titutional control. Therefore, using the criterion of powers, under which decisions are made, in terms of initial graduation one shouldpoint out the decisions on issues, which are connected with providing compliance of the Constitution with regulatory acts (assuring thepriority of the Constitution), and decisions passed while carrying out other powers.Decisions of the Constitutional Council outstand with being formal and brief. A decision can take literally a few paragraphs. Themost frequently, the Constitutional Council merely refers to a constitutional norm or is limited to the phrase “these provisions do notcontradict the Constitution”, giving guidance and justifying its position in the least.

scholarly journals HYGIENIC EVALUATION OF ILLUMINATION INDICES AND NON-IONIZING RADIATION AT EDUCATIONAL SITES OF HIGH SCHOOLS

2020 ◽  
Vol 99 (2) ◽  
pp. 152-157
Author(s):  
Elena Yu. Gorbatkova ◽  
T. R. Zulkarnaev ◽  
Z. A. Khusnutdinova ◽  
U. Z. Ahmadullin ◽  
A. A. Kazak ◽  
...  
Keyword(s):  
Ionizing Radiation ◽  
Educational Institutions ◽  
Educational Organizations ◽  
Higher Educational Institutions ◽  
Factors Affecting ◽  
Republic Of Bashkortostan ◽  
Higher Educational ◽  
The Republic ◽  
The Government ◽  
Made In

One of the significant factors affecting the condition of the students’ visual apparatus is an illumination level in the premises of educational organizations. Electromagnetic radiation arising from computers also has an essential influence on a state of health. Taking into account the urgency of this problem, an analysis of illumination indices and EM radiation was made in audiences of higher educational institutions of various profiles (Ufa, the Republic of Bashkortostan). The total number of illumination measurements was 3528. The measurement methods met the requirements of the interstate standard. According to the results of the illumination indices estimation in the studied universities, a significant deviation from the regulated norms was revealed: in 71.5% of the measurements the index was below the norm. It should be noted that indices differed significantly depending on the type of educational organization. The best situation is in the “Financial University under the Government of the Russian Federation,” where only 13.3% of the measurements are inconsistent with the normative indices. Pulsation coefficient also was determined. It turned out that 88.8% of the measurements do not correspond to the norm. The analysis of illumination measurements in computer classes was carried out. Only one-fifth of them in the computer table working area in the of the document placement corresponded to SanPin. An anonymous questionnaire was also organized for students from four leading universities in Ufa, the Republic of Bashkortostan. According to respondents’ answers, out of seven students, one was revealed to be suffering from myopia. On the basis of “Center for Hygiene and Epidemiology in the Republic of Bashkortostan”, a study of non-ionizing radiation from video terminals located in computer classes was made. 1145 measurements were made in 20 buildings of four universities studied. It was found out that the intensity of the electrostatic field did not meet the requirements of SanPiN in 5.7% of the measurements. Hygienic assessment of the environment of educational organizations of various profiles revealed a number of significant deviations from the regulated norms. The obtained results testify to the need to monitor the illumination and EMR indices both from the administration of higher education institutions and from teachers. Based on the results of the study, recommendations were prepared for the management of higher educational institutions in Ufa.

scholarly journals KEWENANGAN BADAN PENGAWAS OBAT DAN MAKANAN TERHADAP PERDA PROVINSI BALI NO 5 TAHUN 2012 TENTANG PENGENDALIAN PEREDARAN MINUMAN BERALKOHOL

2013 ◽  
Vol 2 (3) ◽  
Author(s):  
I Putu Mahentoro
Keyword(s):  
Drug Administration ◽  
Food And Drug Administration ◽  
Alcoholic Beverage ◽  
Provincial Government ◽  
Alcoholic Beverages ◽  
Ministry Of Health ◽  
The Public ◽  
The Republic ◽  
The Government ◽  
Imported Foods

ABSTRACTThe research was conducted based on the same authority which is ownedby the two institutions, namely Food and Drug Administration of the Republic ofIndonesia and Bali Provicial Government in monitoring and controlling ofalcoholic beverages in Bali.The results of this study demonstrate the Food and Drug Administrationand the Provincial Government of Bali have the same authority to supervise andcontrol alcoholic beverages in Bali. Bali Local Government Regulation Number 5of 2012 on the Circulation of Alcoholic Beverage Control only requires each hasa label on alcoholic beverages issued by the Government of Bali has to bedistributed to the public, while the authority of the Food and Drug Administrationis regulated in the Regulation of Minister of Health of the Republic of IndonesiaNumber 382/MENKES/PER/VI/1989 on Registration of Food that requires allfood produced both by local producers and imported foods are required to beregistered to the Ministry of Health through the Food and Drug Administration.In the Regulation Number 5 Year 2012 did not include the authority of theFood and Drug Administration (the Empty Norms) so that the Food and DrugAdministration can not perform optimally the law enforcement againstmanufacturers, distributors and sellers of alcoholic beverages in violation. Tocope with the condition it should be a amendment in the Bali ProvincialRegulation Number 5 of 2012 by stating firmly and clearly the authority of theFood and Drug Administration related to the registration of food, which requiresthat for all foods and beverages that will be distributed to the public must beregistered to the Ministry of Health through the Food and Drug Administration.

scholarly journals CHARACTERISTICS, STRUCTURE AND SUSTAINABILITY OF DEBT OF THE REPUBLIC OF SRPSKA

2018 ◽  
Vol 1 (16) ◽  
pp. 65
Author(s):  
Miloš Grujić ◽  
Perica Rajčević
Keyword(s):  
Research Question ◽  
Relevant Literature ◽  
Currency Board ◽  
National Assembly ◽  
Economic Growth And Development ◽  
The Public ◽  
Gdp Growth Rate ◽  
Analysis And Synthesis ◽  
The Republic ◽  
Different Sources

The aim of the research is to address the challenges that may be a constraint on economic growth and development. In the research, we used the relevant literature and acts that were in front of the delegates at the National Assembly of Republic of Srpska. The research question is: "What are the main characteristics of the Republic of Srpska's debt?" In line with this, the methods employed in this paper are the analysis and synthesis of previous researchs, theoretical findings and publicly accessible documents pertaining to the debt of Republic of Srpska, and an overview of the case studies.  The contribution of the paper is reflected in the explained wideness and the possibilities of using different sources of money, and the limits on which the debts can be used in order to achieve sustainability tasks. We have concluded that this year, the Republic of Srpska bill has reached the largest amount of debt – KM 858 million (755 million principal and 103 million interest). In line with the presented evidence, priority should be given to projects that would be financed by advantageous credit arrangements and to rationalize public spending. Despite the usual opinion, we have proven that the debt of the Republic of Srpska is sustainable - the average interest rate is lower than the GDP growth rate and that, although unpopular, the currency board system corresponds to the position of Republic of Srpska. However, we have pointed out the danger of stereotype that the public debt of less than 60% necessarily indicates that the country is in a good position.

scholarly journals Institutional Support of the Public-Private Partnership in the Republic of Poland

2019 ◽  
pp. 145-155
Author(s):  
Nykola Lakhyzha ◽  
Svitlana Yehorycheva
Keyword(s):  
Public Administration ◽  
Organizational Support ◽  
Institutional Support ◽  
Public Private Partnership ◽  
Law Firms ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
The Republic ◽  
The Government

The experience of the institutional support of public-private partnership in the Republic of Poland has been analyzed. It is noted that Poland was one of the first among the post-communist countries to implement a mechanism of public-private partnership. The peculiarities of the practice of realization of public-private partnership in Poland during the 1990s and its legal support were determined. The possibility of its development on the basis of general norms of civil, economic, administrative and other branches of law is emphasized. The process of development and adoption of separate laws on public-private partnership and their specific features are described. The essence of discussions about the need for creation of a special authorized body for regulation of public-private partnership, which was caused by the problems that arose from public and private partners during the conclusion and implementation of the relevant agreements, was disclosed. The modern components of organizational support for supporting the development of public-private partnership in Poland, their role and their inherent functions are revealed: the Department for Public-Private Partnerships of the Ministry of Investment and Development, similar departments in public administration bodies of different levels, the Public-Private Partnership Platform, Polish Entrepreneurship Development Agency, Institute of Public Private Partnership, private law firms, scientific and educational institutions. The necessity to improve the institutional support of public-private partnership, which is realized by the government of Poland as well, is stated. The content and significance of the latest program documents in this area that are intended to improve the process of administration the development of public-private partnership — the concept «The vision of sustainable development for Polish business 2050» and «Government policy in the field of development of public-private partnership» are characterized. The importance of using the experience of the Republic of Poland in the practice of public administration of the Ukrainian system of public-private partnership is emphasized.

scholarly journals Maladministration in the Public Service: Should Government Officials be Responsible for their Decisions?

2021 ◽  
Vol 1 (1) ◽  
pp. 71
Author(s):  
Maulida Zulia Irmajayanti ◽  
Totok Sudaryanto ◽  
Antikowati Antikowati
Keyword(s):  
Public Service ◽  
Public Services ◽  
Legal Certainty ◽  
Government Officials ◽  
The Public ◽  
State Obligations ◽  
Normative Basis ◽  
The Republic ◽  
The Government ◽  
The Welfare State

The concept of the welfare state upholds the existence of the legal system under the premise of legal certainty and the protection of basic human rights. Paragraph IV of the 1945 Constitution of the Republic of Indonesia emphasizes the existence of “state obligations” and “the government duty” to protect and serve all public interest. The normative basis of the Constitution was translated as the national principle to embody the public services. The Public Service Law Number 25 of 2009 is a formulation of legal certainty. However, the main problem that occurs in the public services is maladministration in bureaucracy. It is important to build interpretations of the authority attached to the bureaucratic system or on subjects who become government officials. By analyzing the Constitution, this article states that the government official dimensions must be considered as an interrelated issue, so that the articulate practice must be seen as inherent social conditions. Keywords: Responsibility, Government Officials, Maladministration.

scholarly journals Voices from Indonesian Legislative on Religious Education Policy

2021 ◽  
Vol 28 (1) ◽  
Author(s):  
Jamhari Jamhari ◽  
Yunita Faela Nisa
Keyword(s):  
Public Schools ◽  
Political Parties ◽  
Religious Education ◽  
Vital Role ◽  
Suicide Bombing ◽  
The Public ◽  
Study Results ◽  
Violent Extremism ◽  
The Republic ◽  
The Government

Religious violent extremism remains a problem for Indonesia. Recently, three consecutive attacks carried out by violent religious extremists — a suicide bombing in front of a Cathedral Church in Makassar South Sulawesi, the discovery of several prepared high explosive bombs in Condet Jakarta, and a female lone wolf attack on the Indonesian Police Criminal Investigation Agency — shocked the public (Fakta-data di Balik Bom Bunuh Diri, 29 Maret 2021; Polisi sebut Terduga Teroris Condet & Bekasi, 2021; Teroris Penyerang Mabes Polri, 2021). It may not be surprising since there were some early indications from various studies that some Indonesian people still have religious attitudes and behaviors that are exclusive, closed, anti-citizenship, anti-state, and even pro-violence (PPIM, 2016, 2017, 2018; Puspidep, 2017, 2018). The PPIM study results (2018) show that around 58.5 percent of students tend to be religious radical, and 51.1 percent tend to be intolerant to differences within Muslim groups. Then, as many as 34.3 percent of students are intolerant to non-Muslim groups. Radical views that are intolerant toward those who are different are the first step to violent extremism. These studies are a reminder that violent extremism is a problem for all of Indonesian society. Therefore, PPIM surveyed the perceptions of the public, students, teachers, and Indonesian Members of Parliament on violent extremism.In Indonesia, political parties have a vital role. Political parties develop policies, laws, and regulations. Another strategic part is that political parties become important actors in crystallizing citizens' political aspirations, including rules related to religion and religious education (Mujani & Liddle, 2018; Muhtadi & Mietzner, 2019; LIPI, 2018, 2019). Through their representatives — who are elected through a regular fair election once every five years — in the House of Representatives of the Republic of Indonesia, political parties have an essential role in determining public policy through their function as a check and balance institution for the Government. The enactment of religious education as a compulsory subject for all students at all levels has become a debate among the Indonesian public, and whether the Government should regulate religious issues in public education. The issue of religious education in public schools is essential as PPIM's research suggests that the religious subject's teachers may contribute to students' radical views (PPIM, 2017).

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