scholarly journals La Nouvelle Repartition des Competences entre l'Etat et la Polynésie Française

2004 ◽  
Vol 35 (2) ◽  
pp. 485
Author(s):  
Jean Peres

On 27 February 2004 the French government completed the process of giving French Polynesia the new status of Pays d'outre mer (overseas country). This article sets out the new division of powers between the French State government, and the French Polynesian government. Jean Peres analyses the areas that the French government has expressly retained in its sphere of competence, in order to assess the true extent of French Polynesian autonomy. He also compares the new arrangement with the law of 12 April 1996 to see how much the French Polynesian authority has been increased.

2018 ◽  
Vol 54 ◽  
pp. 02006
Author(s):  
Riris Ardhanariswari ◽  
Muhammad Fauzan ◽  
Ahmad Komari

The Constitutional Court is one of the perpetrators of judicial power, in addition to the Supreme Court as referred to in Article 24 paragraph (2) of the 1945 Constitution. The Constitutional Court is also bound to the general principle of an independent judicial power, free from the influence of other institutions in enforcing law and justice. The Constitutional Court is the first and last level judicial body, or it can be said that it is the only judicial body whose decisions are final and binding. The existence of the Constitutional Court is at the same time to maintain the implementation of a stable state government and is also a correction to the experience of constitutional life in the past caused by multiple interpretations of the constitution. Judicial review towards the constitution is one of the authorities of the Constitutional Court that attracted attention. This shows that there has also been a shift in the doctrine of the parliamentary supremacy towards the doctrine of the supremacy of the constitution. The law was previously inviolable, but now the existence of a law is questionable in its alignment with the Constitution. The authority to examine the Law towards the Constitution is the authority of the Constitutional Court as the guardian of the constitution. This authority is carried out to safeguard the provisions of the Act so that it does not conflict with the constitution and / or impair the constitutional rights of citizens. This shows that the judicial review towards the Constitution carried out by the Constitutional Court is basically also to provide protection for human rights.


Author(s):  
V. V. Sharavara ◽  
O. A. Bondarenko ◽  
O. H. Tarasova ◽  
R. B. Gavrilyuk ◽  
D. V. Hulevets ◽  
...  

The National Ecological Center of Ukraine examined the effectiveness of the implementation of the Law of Ukraine “On Environmental Impact Assessment” (dated May 23, 2017 No. 2059-VII) and the by-laws adopted for its implementation. Based on the study, some shortcomings of the Law were named and discussed as wee as ways for their elimination were established. It was shown that a number of articles of the Law should be clarified, and the title of the Law needs compliance with its scope, terminology, and the lists of activities subject to impact assessment. There is also a need to clarify the division of powers and to adopt regulations on organizational support for conducting an environmental impact assessment and public discussion. There is an urgent need to further refine and harmonize the regulatory and methodological framework of the Law with European environmental legislation, in particular, environmental quality standards and relevant methodologies for their definition. Since no provisions have so far been adopted on expert commissions for environmental impact assessment, and the territorial environmental protection authorities are still subject to regional administrations, there is a real threat that the latter can exert pressure to get a customized conclusion. It was noted that there is no relevant procedure for selecting experts of professional and qualitative environmental impact assessment; there is also no mechanism for adding the public to the formation of the register and selection of experts, and financial issues are not fully resolved either. It was highlighted: the main directions for improving environmental impact assessment and organizing the Law revision. Several other urgencies were indicated: to accelerate the modernization of state building norms and other regulations; to withdraw territorial environmental protection departments from the subordination of regional state administrations; to provide a transparent procedure for the appointment of members to the expert commissions, to urgently review environmental indicators, classifications, norms, limits and other restrictive requirements and harmonize them to European standards.


2021 ◽  
pp. 323-334
Author(s):  
Ružica Kijevčanin ◽  

The State Attorney's Office of the Republic of Serbia was established by the Law on the Attorney General's Office as a state body whose competence is reflected in the performance of the attorney's office function. It represents one segment of the executive function of the state government, which consists in the realization and protection of property rights and interests of the state, through legal representation and counseling of the Republic of Serbia, ie its bodies and organizations. The law leaves the possibility of determining the Attorney General's Office by a sub-legal general act at the level of autonomous provinces, as well as local self-government units. It regulates in detail other key issues such as organization, competencies, control that will be the subject of analysis in future work. The study of the origin and development of this institution pointed out the great importance that belonged to it through time and different state systems. Inspired by the role it played in the state of Serbia, the author devoted himself to interpreting some aspects of this topic.


2020 ◽  
Vol 16 (3) ◽  
pp. 100-107
Author(s):  
Елена Тулупова ◽  
Татьяна Демидова ◽  
Розалия Юсупова

The problem of pollution for the Federal Republic of Germany has been relevant for more than fifty years. Since 1970, the state government has been making various efforts to resolve it. Some preventive measures have been implemented in order to prevent or minimize adverse environmental consequences and, directly, to bring to justice those who have broken the law. In this article, we will try to analyze the existing environmental policy of the state and talk about the difficulties of eliminating the destructive impact of civilization on the ecosystem. We will consider the features of vehicle recycling, providing “environmental bonuses” and “environmental markings” for manufacturers of goods. We try to analyze if the state authorities actions in this area are really interesting, effective and far-sighted.


2017 ◽  
Author(s):  
Vanessa Gruben ◽  
Angela Cameron

This article discusses donor anonymity in Canada and the need for law reform in this area. Currently, assisted reproduction is regulated by both the provincial and federal governments, meaning this area is regulated in a piecemeal fashion. Disclosure of donor identifying and non-identifying factors is restricted to limited information, utilized only to keep statistical records. Due to the law limiting identifying information, donor-conceived persons struggle in their attempt to discover their genetic origins. Further, provincial family law does not recognize third party reproduction, which leaves modern family units unprotected. A definition of openness in gamete donation is given in Part II. Part III addresses the law-making and assisted reproduction difficulties arising from the division of powers. Part IV analyzes the potential impact of federal prohibitions on the purchase of sperm and eggs and whether disclosing a donor’s identity will negatively impact gamete supply in Canada. The final two sections discuss the failure of provinces to enact family laws which protect the parental status of intended parents and how past cases under the Canadian Charter of Rights and Freedoms have been challenging for donor-conceived persons. The authors propose that reform should be dealt with by the legislature in four areas: provincial family law reform where necessary; robust and meaningful public consultation; interprovincial cooperation if possible; and, consideration of law reform in other jurisdictions


2020 ◽  
pp. 63-85
Author(s):  
J. Scott Slorach ◽  
Jason Ellis

This chapter considers the law relating to company officers. This is a combination of statute, common law, and regulations under a company’s articles of association. The discussions cover the division of powers within a company; appointment of directors, managing directors, alternate directors, and shadow directors; retirement of directors; removal of directors from office; powers of directors; directors’ duties; statutory controls on directors; the directors and protection of outsiders; and the company secretary.


Stanovnistvo ◽  
2000 ◽  
Vol 38 (1-4) ◽  
pp. 79-92
Author(s):  
Ana Gavrilovic

Local self-management, in its contemporary meaning, arose in the time modern state was created, at the transition from feudalism into capitalism. In the nineteenth and twentieth century, local self-management, in Europe above all, became a part of the uniform system of state government which had the following characteristics: the existence of proper territories, organizational independence of local institutions, the existence of certain financial and normative independence and the rights of citizens to freely choose in it a representative body or to directly decide on important matters of interest for the local community. The development of local self-management in our country has its roots as early as the Turkish rule, in the existence of principalities, at the end of the eighteenth century. In modern times, by the Constitution of the Republic of Serbia from 1990, a single-level local self-management was established and within it special decisions for cities. The district is the basic unit of local self-management in Serbia which has two kinds of jurisdiction: self-management or authentic and transferred or decentralized. The system of social care of children, by which certain goals of social and population policy of the state are achieved, recognizes two kinds of affairs which local self-management can carry out: authentic and entrusted. Authentic affairs refer to the institutions for children - preschool institutions and children?s recreation centers over which local self-management has all foundation rights. Entrusted affairs of local self-management are making decisions, in the first degree, on the rights of citizens which has the characteristic of rights of general interest. In the carrying out of its authentic and entrusted affairs and authorities, local self-management takes into consideration, through the Law on social care of children and sublaw acts, the regulated norms and standards for carrying out the activities of children?s institutions and realizing the rights of citizens. Apart from authentic and entrusted affairs, local self-management has the right, according to the Law on social care of children, to determine other rights as well in the system of social care of children, a greater scope of rights and more favorable terms for realization of rights, as well as other forms of social care of children, if it provides the funds. However, this supposition can hardly be realized, due to insufficiency of funds as well as adequate organization and competent expert work.


2002 ◽  
Vol 33 (1) ◽  
pp. 153
Author(s):  
Yves-Louis Sage

La loi du 16 décembre 1999 a autorisé le gouvernement français à codifier par voie d'ordonnance dans un grand nombre de matières. Ainsi, l'ordonnance n°2000-912 du 18 septembre 2000 devait proposer ce que l'on a appelé le nouveau code de commerce. Cet article propose un bilan de la réforme entreprise dans ce domaine tant en ce qui concerne la méthodologie retenue que les conséquences qui s'y rattachent. La méthode de la codification à droit constant, utilisée par le gouvernement français, doit satisfaire aux objectifs d'accessibilité et d'intelligibilité de la loi d'une part et de la sécurité juridique d'autre part qui ont été fixés par le Conseil Constitutionnel dans sa la décision n° 99- 421 DC du 16 décembre 1999. Ces principes qui sont également applicables en Polynésiefrançaise ne sont pas sans influer sur la nature du principe de spécialité législative.


2021 ◽  
pp. 87-101
Author(s):  
M. Kornienko ◽  
V. Tertyshnyk

The problems of the anti-corruption strategy, issues of elimination of criminal factors, improvement of legislation and the activities of law enforcement agencies are analyzed. Anti-corruption problems should be solved systematically in a set of integrative measures of state-political, socio-economic, national-cultural, informational, criminological, legal and moral. The priorities of the implementation of such a course are the urgent implementation of such strategic principles as DE monopolization, DE offshorization, requisition of energy security facilities, demarcation of business and power, and ensuring effective tax and customs policy. The effective mechanism against corruption is the disengagement of power and business, the elimination of factors of political corruption. It is proposed in the Law on the Prevention of Corruption, as well as in the laws regulating the status of civil servants, to enshrine the requirement of impeccable business reputation and integrity. A system of new legislation should be developed and adopted: the Code of Evidence, the Code of Law Enforcement, the Investigator Status Function Act, the Detective Status Act, the Jury and World Court Act, and the Crime Detection, Prevention and Prevention Act. It is proposed to state the disposition of the law of the Criminal Code of Ukraine on illegal enrichment in accordance with Article 20 of the UN Convention against Corruption of 31.10.2003. In particular, it is proposed to consolidate the responsibility of officials for a significant increase in assets that exceed the total assets of zero declaration and legal wages in the public service. The mechanisms of the state government should provide for the function of prosecutorial supervision over the enforcement of anti-corruption legislation in the activities of enterprises, executive authorities and local government. Systemic proposals are being made for the formation of a strategy and a comprehensive anti-corruption programed.


2004 ◽  
Vol 35 (2) ◽  
pp. 477
Author(s):  
René Calinaud

The law of 5 February 1994 set up the Land Conciliation Commission of French Polynesia as a unique and original institution. Its creation was the result of considerable reflection on the treatment of land claims, which have their own particular characteristics and difficulties in this overseas territory. This article examines the success of the Commission, in light of its uncertain future after the creation of a land tribunal by the constitutional reform of 2004.


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