RESULTS AND TRENDS OF THE PROSECUTOR’S OFFICE OF THE REPUBLIC OF BULGARIA IN COMBATING CRIME

2017 ◽  
Author(s):  
Venelin Krastev Terziev ◽  
◽  
Marin Petrov Georgiev ◽  
Stefаn Marinov Bankov ◽  
◽  
...  
Keyword(s):  
Rule Of Law ◽  
Public Interest ◽  
The Rule Of Law ◽  
The Public ◽  
The Republic

The purpose of this Report is to present the operations of the Prosecutor’s Office of the Republic of Bulgaria for the first six months of 2020, based on indicators characterising the performance of its main statutory functions. One of the essential factors in the first six months of 2020 was the unprecedented COVID – 19 pandemic which required the adoption of measures and decisions of the competence of the PORB (the Prosecutor's Office of the Republic of Bulgaria) which directly reflect the effective exercise of the indictment function and the protection of the rule of law and of the public interest.

An exposition of trade policy formulation through the issuing of "Trade Policy Directives" by the Minister of Trade, Industry and Competition under the International Trade Administration Act 71 of 2002

2021 ◽  
Vol 25 ◽  
Author(s):  
Clive Vinti
Keyword(s):  
International Trade ◽  
Trade Policy ◽  
Rule Of Law ◽  
Policy Formulation ◽  
Procedural Rationality ◽  
Abstract Section ◽  
The Rule Of Law ◽  
The Public ◽  
The Republic ◽  
A Charge

ABSTRACT Section 5 of the International Trade Administration Act 71 of 2002 (ITAA) provides that the Minister of Trade, Industry and Competition has the power to issue "Trade Policy Directives" subject to the procedures and requirements of the Constitution of the Republic of South Africa, 1996 (Constitution) and other laws. However, there is uncertainty as to how trade policy is formulated under section 5 of the ITAA and the rights of affected parties in this regard. Thus, this article offers an exposition of the process of trade policy formulation under section 5 of the ITAA. To this end, it is my view that trade policy formulation under section 5 must be guided by section 195 of the Constitution, which requires that the public must be "encouraged" to participate in policy formulation and that this must occur in a climate of openness, transparency and accountability. In the narrower sense, it is also my view that interested parties must be given an opportunity to participate in trade policy formulation on the ground of procedural rationality and to avoid a charge of arbitrariness as twin components of the rule of law. Keywords: Trade policy; International Trade Administration Act; rule of law; legality; rationality; arbitrariness; transparency; accountability; governance.

scholarly journals THE PARTICIPATION OF THE PROSECUTOR IN CIVIL PROCEED-INGS AS A GUARANTEE OF ENSURING THE EFFECTIVENESS OF LEGAL PROTECTION. SOME REMARKS

2017 ◽  
Vol 28 (1) ◽  
pp. 9-22
Author(s):  
Joanna Misztal-Konecka
Keyword(s):  
Rule Of Law ◽  
Public Interest ◽  
Legal Protection ◽  
Great Caution ◽  
The Rule Of Law ◽  
The Public ◽  
Civil Proceedings ◽  
The Moment ◽  
Civil Matter

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.

scholarly journals Intellectual property, antitrust, and the rule of law: between private power and state power

2016 ◽  
Vol 17 (2) ◽  
Author(s):  
Ariel Katz
Keyword(s):  
Intellectual Property ◽  
Rule Of Law ◽  
Public Interest ◽  
The Rule Of Law ◽  
The Public ◽  
Constitutional Order ◽  
Free Competition ◽  
Legal Power ◽  
Private Power ◽  
Ip Law

AbstractThis Article explores the rule of law aspects of the intersection between intellectual property and antitrust law. Contemporary discussions and debates on intellectual property (IP), antitrust, and the intersection between them are typically framed in economically oriented terms. This Article, however, shows that there is more law in law than just economics. It demonstrates how the rule of law has influenced the development of several IP doctrines, and the interface between IP and antitrust, in important, albeit not always acknowledged, ways. In particular, it argues that some limitations on IP rights, such as exhaustion and limitations on tying arrangements, are grounded in rule of law principles restricting the arbitrary exercise of legal power, rather than solely in considerations of economic efficiency. The historical development of IP law has reflected several tensions, both economic and political, that lie at the heart of the constitutional order of the modern state: the tension between the benefits of free competition and the recognition that some restraints on competition may be beneficial and justified; the concern that power, even when conferred in the public interest, can often be abused and arbitrarily

The Dissolution of Municipal Councils due to Organized Crime Infiltration

2019 ◽  
Vol 5 (2) ◽  
pp. 45
Author(s):  
Filomena Occhiuzzi
Keyword(s):  
Rule Of Law ◽  
Organized Crime ◽  
Central Government ◽  
Administrative Law ◽  
Public Officials ◽  
Local Authorities ◽  
The Rule Of Law ◽  
The Public ◽  
The Republic ◽  
Fundamental Values

: The paper proposal is focused on the evolution of a specific legal instrument, which consists of the Central government’s power to “dissolve” municipal councils in the case of infiltrations by organized crime. In Italian administrative legislation, local councils may be dissolved for several reasons such as the ongoing violation of the law and the neglect of duty, but one of the most debated causes is the interference and the pressure that organized crime may exercise on the members of municipal councils. This specific administrative law instrument is defined in art. 143 T.U.E.L. and is part of a series of public anti-mafia policies. It was introduced in 1991 as an emergency law to cope with the risk of maladministration due to local authorities’ subjugation to criminal power (Mete, 2009). The aim of the dissolution of local councils is to preserve constitutional and fundamental values such as democracy and the rule of law, but it is a very severe legal tool as it affects a democratically elected community. This instrument is also closely related to the prevention of corruption in the public sector, as often the infiltrations by organized crime in municipalities are due to the corruption of public officials. The institution in charge of applying this legal tool is the Prefect, which has the power to enforce the orders of the central government and oversees local authorities. The procedure for the adoption of this instrument involves the major constitutional bodies such as the Parliament, the Ministry of Interior and the President of the Republic.

Zasada szybkości w postępowaniach w sprawach przygotowania i realizacji inwestycji infrastrukturalnych

2020 ◽  
Vol 30 ◽  
pp. 174-188
Author(s):  
Przemysław Ostojski ◽  
Keyword(s):  
Rule Of Law ◽  
Public Interest ◽  
Constitutional Rights ◽  
The Rule Of Law ◽  
The Public ◽  
Constitutional Principle ◽  
Infrastructure Investments ◽  
Principle Of Proportionality ◽  
Administrative Proceedings ◽  
The Right

The article concerns the principle of speed in the proceedings regarding the implementation of infrastructure investments. The analysis of individual legal institutions is aimed at assessing statutory regulations of investment acts in the scope of the principle of speed. The aim of the analysis is to verify the assertion that the implementation of specific law-related rules in special investment documents connected with giving priority to the speed of administrative proceedings followed the constitutional principle of proportionality. As a result of the conducted analysis, it should be stated that the implementation of the principle of speed of proceedings to investment acts does not fundamentally violate the essence of constitutional rights of individuals – including the right to challenge decisions and the right to protect of rightly acquired rights. The legislator limits the principles of transparency, as well as the principle of active participation of the party in administrative proceedings, but does not eliminate these principles. Regardless of this, the legislator infringes in the analyzed Acts the essence of the party’s right to submit an application for temporary protection in administrative proceedings. The legislator violates in a qualified manner – due to the public interest – the rule of law and two-instance, preventing the appeals authority in the course of the instance of repealing the decision in its entirety, if the defect affects only its part concerning the property.

scholarly journals PENYELESAIAN SENGKETA PENGADAAN TANAH GUNA PEMBANGUNAN BANDAR UDARA INTERNASIONAL BERBASIS NILAI KEADILAN SOSIAL

NOTARIUS ◽  
2019 ◽  
Vol 12 (1) ◽  
pp. 83
Author(s):  
Mia Permata Sari ◽  
Suteki Suteki
Keyword(s):  
Social Justice ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Public Interest ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Land Acquisition ◽  
The Rule Of Law ◽  
The Public ◽  
Land Dispute

In resolving land acquisition disputes for the public interest, it is fitting for the state to pay attention to values outside of the rule of law itself, including the value of social justice and the value of benefits to guarantee the basic rights of affected communities. This study aims to find out what factors cause the settlement of land acquisition disputes in terms of juridical aspects not reflecting the value of justice and benefit for the parties and formulating land acquisition dispute resolution models in a legal socio perspective that can realize the value of social justice and benefits for party. an appropriate method is needed that can accommodate the value of social justice and the benefits in resolving the dispute, among others, promoting the Consensus Meeting and the Need for Alternative Dispute Resolution (ADR) as an alternative solution. In addition, the need to calculate non-physical losses in the assessment of compensation for people who have lost their livelihoods due to land acquisition projects Keywords: Land Acquisition, Land Dispute Settlement, Public Interest AbstrakDalam penyelesaian sengketa pengadaan tanah untuk kepentingan umum sudah sepatutnya negara memperhatikan nilai-nilai diluar daripada aturan hukum itu sendiri, diantaranya nilai keadilan sosial dan nilai kemanfaatan untuk menjamin hak-hak dasar masyarakat terdampak. Penelitian ini bertujuan untuk  untuk mengetahui faktor apa saja yang menyebabkan penyelesaian sengketa pengadaan tanah tersebut ditinjau dari aspek yuridis belum mencerminkan nilai keadilan dan kemanfaatan bagi para pihak sertaa merumuskan model penyelesaian sengketa pengadaan tanah dalam perspektif socio legal yang dapat mewujudkan nilai keadilan sosial dan kemanfaatan bagi para pihak. dibutuhkan suatu metode yang tepat yang dapat mengakomodasi nilai keadilan sosial dan kemanfaatan dalam penyelesaian sengketa tersebut diantaranya mengedepankan Musyawarah Mufakat dan Perlunya Alternative Dispute Resolution (ADR) sebagai solusi alternatif.. Selain itu, perlunya memperhitungkan kerugian non fisik dalam penilaian ganti rugi sehingga, terdapat solusi bagi masyarakat yang kehilangan mata pencaharianya akibat proyek pengadaan tanah Kata Kunci : Pengadaan Tanah, Penyelesaian Sengketa Tanah , Kepentingan Umum 

scholarly journals Justiciability, Access to Justice and the Development of Constitutional Law in Canada

2017 ◽  
Vol 45 (4) ◽  
pp. 707-723
Author(s):  
Gerard J Kennedy ◽  
Lorne Sossin
Keyword(s):  
Rule Of Law ◽  
Public Interest ◽  
Public Law ◽  
Access To Justice ◽  
The Rule Of Law ◽  
The Public ◽  
Procedural Law ◽  
Canadian Experience ◽  
The Government ◽  
Public Law Litigation

Concentrating on Canadian experience, specifically litigation under the Canadian Charter of Rights and Freedoms (the ‘Charter’), this article seeks to reconcile the access to justice benefits of summary procedures with the government litigant's duty to act in the public interest (or as a ‘model litigant’) and uphold the rule of law. Though acknowledging the benefits that can result from the use of summary procedures to end litigation, the authors observe that compliance with strict requirements in procedural law are frequently dispensed with in the Charter context. In fact, summary procedures can have a devastating effect on the development of Charter rights. The authors ultimately posit that the government should have a duty of restraint in using summary procedures to end public law litigation, and courts should be reluctant to permit the government to preclude such litigation aimed at advancing the evolution of the Charter from reaching hearings on the merits.

Trust and the politics of postcommunism

2001 ◽  
Vol 34 (1) ◽  
pp. 27-38 ◽  
Author(s):  
David W. Lovell
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Public Interest ◽  
Political Institutions ◽  
Institutional Framework ◽  
The Rule Of Law ◽  
The Public ◽  
Low Levels

The citizens of postcommunist states have relatively low levels of trust in their basic political institutions. This paper argues that to consolidate the advances towards civil society and democracy particular attention must be paid to strengthening trust. Trust requires not just the institutional framework appropriate to democracy and the rule of law — already substantially in place — but also an appreciation of politics and civil society as spheres of continuing diversity, competition and conflict. The deficit of trust can be addressed by a leadership exemplary in its service to the public interest, and by an acceptance of the new, adversarial politics.

Journalistic confidentiality in an age of data surveillance

2019 ◽  
Vol 41 (2) ◽  
pp. 225-239 ◽  
Author(s):  
Rebecca Ananian-Welsh
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Rule Of Law ◽  
Public Interest ◽  
Telecommunications Industry ◽  
Data Retention ◽  
The Rule Of Law ◽  
The Public ◽  
Considerable Controversy ◽  
Data Surveillance

This article examines two key components of the Australian Government’s data surveillance framework and critiques their impact on journalistic confidentiality. The 2015 mandatory data retention scheme and the 2018 telecommunications industry assistance scheme have been the subjects of considerable controversy and ongoing parliamentary reviews. The combined effect of these provisions is that journalists are unable to confidently fulfil their ethical obligation to maintain source confidentiality. The article recommends targeted reforms to more explicitly and appropriately balance the public interest in journalistic confidentiality (and relatedly, democracy, public accountability and the rule of law) against law enforcement and national security objectives.

scholarly journals The Rule of Law and the Inevitability of Discretion

2018 ◽  
Author(s):  
Peter M. Shane
Keyword(s):  
Rule Of Law ◽  
Public Interest ◽  
Political Authority ◽  
Administrative State ◽  
The Rule Of Law ◽  
Institutional Practice ◽  
The Public ◽  
Rule Making ◽  
Better Than ◽  
As If

Responding to Richard Epstein's writings on the rule of law in the administrative state, this paper argues that it is impossible to advance a compelling conception of the rule of law that relies entirely on confining government discretion through clear rules. What is needed is a conception of the rule of law rooted in institutional practice, in which the written documents of law [are] buttressed by a set of norms, conventional expectations, and routine behaviors that lead officials to behave as if they are accountable to the public interest and to legitimate sources of legal and political authority, even when relevant rules are vague and enforcement prospects are remote. Administrative rule-making may well advance these values better than congressional legislation.

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