scholarly journals Autonomy in sport - compulsoriness of international sport committees sport rules at a national level

2018 ◽  
Vol 55 (2) ◽  
pp. 289-306
Author(s):  
Nenad Đurđević
Keyword(s):  
National Level ◽  
Case Law ◽  
Limiting Factor ◽  
Special Importance ◽  
International Level ◽  
Public Authorities ◽  
The Public ◽  
Legal Nature ◽  
International Sport

Establishing rules lies at the heart of sport. Furthermore, it can be said that legal order allows only such sporting activity that is carried out according to defined rules. This is mostly followed by foundation of associations and organisations dedicated to particular sport. Acknowledging sport by the public authorities as a space suitable for autonomous arrangement of sports organisations gives special importance to sports rules. However, in order to have autonomy of sports organisations complementary to the role of public authority in the area of sport, it must be grounded in the principles of democracy, solidarity and good management in sport keeping sport independent of any political or economic manipulation including excessive commercialisation. Since contemporary sport is dominantly based on pyramidal structure or federal system based upon recognised sports associations (federations) organised at national and international level by the principle „one sport – one association“, it is quite understandable that sports rules adopted by sports association ranked at international level on the top of the pyramid have monopolistic position as a support for autonomous functioning of whole system of particular sport, as well as considerable limiting factor in making autonomous decisions at lower levels of sports organising. Sports associations use sports rules often followed by serious sanctions to preserve their dominant status. In his paper, the author considers legal nature and legal enforceability of international sports rules at national level for sports organisations, public authorities, as well as judiciary. The author particularly points out to the problem of so-called dynamic addressing to sports rules of international sports associations through statutory provisions of national and lower sports associations and the position of German case-law on impossibility of such way to provide legal obligatoriness of international sports rules at the national level.

The Judicial Elaboration of Standards for Public Administrations in France

2021 ◽  
pp. 113-131
Author(s):  
Jérémy Mercier
Keyword(s):  
Public Administration ◽  
Public Services ◽  
Institutional Context ◽  
Case Law ◽  
Administrative Law ◽  
Public Authorities ◽  
Public Power ◽  
The Public ◽  
Creative Role

This chapter underlines how administrative law has taken a much greater significance in France since the period 1890–1910. This period is not only symbolic of a full development of administrative law around the notion of public power (puissance publique) or public service (service public) but also of the ramifications given to the very notion of State and public administration. The chapter deals with different theories (Hauriou, Duguit, etc.) related to a redefinition of the State and public services. It discusses four specific aspects: the institutional context, the case law of the Conseil d’État, the innovative orientations concerning the action of the public authorities, and the creative role of this case law.

scholarly journals A tale of two citizens: The Brey-Dano proportionality gap in UK courts and tribunals

2021 ◽  
pp. 138826272110049
Author(s):  
Victoria E. Hooton
Keyword(s):  
Decision Making ◽  
National Level ◽  
Case Law ◽  
Eu Law ◽  
The Law

The role of proportionality and individual assessments in EU residency and welfare access cases has changed significantly over the course of the last decade. This article demonstrates how a search for certainty and efficiency in this area of EU law has created greater uncertainty, more legal hurdles for citizens, and less consistency in decision-making at the national level. UK case law illustrates the difficulty faced by national authorities when interpreting and applying the rules relating to welfare access and proportionality. Ultimately, the law lacks the consistency and transparency that recent CJEU case law seeks to obtain, raising the question of whether the shift from the Court's previous, more flexible, case-by-case approach was desirable after all.

The role of forensic science and forensic examination in international cooperation in the investigation of crimes

2021 ◽  
Vol 28 (1) ◽  
pp. 179-186
Author(s):  
Valery Yu. Shepitko ◽  
Mykhaylo V. Shepitko
Keyword(s):  
Forensic Science ◽  
International Cooperation ◽  
International Criminal ◽  
Expert Witness ◽  
International Crime ◽  
National Level ◽  
Criminal Court ◽  
Theory And Practice ◽  
International Level

The application of forensic science and expertise is a necessary prerequisite for the investigation of crimes at the local and national level. Without the use of forensic science and expertise, an investigation within the framework of a criminal process becomes dead and unsubstantiated. But with the globalisation of world processes, the development of technologies, the speed of information transmission, the formation of crime outside the borders of one state and its entry into the international level has become an urgent problem, which has become a challenge in countering such crime and the need to steer forensic science and expertise towards assisting law enforcement activities. A special feature of countering the investigation of crimes was the creation of international cooperation between forensic specialists and expert witnesses even prior to the establishment of practical institutions that could counteract them in practice. Therewith, some representatives of such international unions and associations have taken serious steps in creating mechanisms for real counteraction to crimes at the international level (R.A. Reiss, G. Soderman, M.Sh. Bassiuni). Coverage of the problem of international cooperation in the investigation of crimes through the definition of the role of forensic science and expertise allowed focusing on the following blocks: 1) international associations of forensic specialists for combating crime in the historical context; 2) international criminal police organisations in combating crime; 3) international cooperation in the field of conducting forensic examinations; 4) the use of forensic and special knowledge in the activities of the International Criminal Court. Thus, a combination of theory and practice in the fight against crime is demonstrated. Historically, this is associated with the role of forensic science and expertise in recording traces of crimes, analysing them, and forming legal, forensic, and expert witness opinions. The purpose of the study is to establish the decisive role of forensic science and expertise in international cooperation in the investigation of crimes. For this, the authors turned to forensic science and expertise, historical processes that served to create substantial international organisations created to counter international crime

scholarly journals Legal Mechanisms for Protection of Migrants' Rights by the Public Authorities of the Russian Federation

2018 ◽  
Vol 9 (4) ◽  
Author(s):  
Ksenia Minakova
Keyword(s):  
Russian Federation ◽  
Migration Policy ◽  
Constitutional Court ◽  
Special Role ◽  
Public Authorities ◽  
Normative Documents ◽  
The Public ◽  
The Russian Federation ◽  
Migrants Rights

The article analyzes methods of ensuring the migrants rights by the public authorities of the Russian Federation, the individual elements of the migration policy of the Russian Federation relating to the activities of public authorities. It considers the activities in the field of protection of the migrants rights by such authorities as the Russian President's Office for Constitutional Rights of Citizens, the Presidential Council for Civil Society and Human Rights, the Council for Interethnic Relations, General Directorate for Migration, Chief Directorate for Migration Issues of Ministry of Internal Affairs of the Russian Federation, their normative documents, that regulate their activities. It examines separately the activities of the RF Government in the field of protection of the migrants rights, as well as judicial authorities; it identifies the special role of the RF Constitutional Court in the field of ensuring the rights of migrants, refugees, the internally displaced and stateless persons. It underlines the role of authority bodies of the RF entities in ensuring the migrants rights in terms of Irkursk Oblast. The article offers to differentiate strictly the role of each authority body in the field of migrants rights protection, as well as to pay specific attention to regulation of activities of the FR entities authority bodies in this direction.

Why Do National Cybersecurity Awareness Programmes Often Fail?

2020 ◽  
Vol 9 (2) ◽  
pp. 18-27
Author(s):  
Eva NAGYFEJEO ◽  
Basie Von SOLMS
Keyword(s):  
Civil Society ◽  
Best Practice ◽  
National Level ◽  
The Public ◽  
Awareness Campaigns ◽  
Cyber Space ◽  
Awareness Raising ◽  
The Government ◽  
Basic Level

Nowadays, many cyber users do not understand how to protect themselves and their information within cyber space. One reason is that cyber users are unaware of possible cyber risks and threats that may occur within cyber space. The second reason is that citizens, businesses and users within the public sector may be aware of relevant cyber risks but do not really understand the seriousness of such risks and the consequences if they do realise. Therefore, cybersecurity awareness campaigns are an integral part of improving cybersecurity awareness. Based on in-country reviews conducted as part of the Global Cybersecurity Capacity Centre (GCSCC) programme, we observed that the campaigns to raise cybersecurity awareness throughout the country are often led by different ‘owners’ without co-ordination and adequate resources therefore creating fragmentation in the national cybersecurity awareness raising programme. This paper suggests that the development of a coordinated and coherent national cybersecurity awareness program is critical for building a basic level of aware-ness at the national level. We will examine the requirements needed to develop a coordinated national awareness raising programme by reviewing the existing literature, best practice approaches and the role of different stakeholders such as the government, private sector and civil society. We will draw conclusions on the main obstacles to ensure overall coherence between the actions of stakeholders and the efforts countries should prioritise in order to increase awareness of cyber risks at the national level.

COLLECTIVE REDRESS PROCEDURES–EUROPEAN DEBATES

2009 ◽  
Vol 58 (2) ◽  
pp. 379-409 ◽  
Author(s):  
Duncan Fairgrieve ◽  
Geraint Howells
Keyword(s):  
Policy Development ◽  
National Level ◽  
Public Authorities ◽  
Member States ◽  
Collective Redress ◽  
Opt Out ◽  
Consumer Organizations ◽  
Civil Procedures ◽  
The Eu

AbstractCollective redress mechanisms for consumer claims seek both to allow legal systems to accommodate mass litigation without being overwhelmed and to enable litigation to be viable where individual claims would not be economic. The article maps a number of recent reforms and reform proposals relating to consumer collective redress at national level and comments on EU developments. It notes that there is insufficient recognition of the differences between schemes geared at managing mass litigation as opposed to those aimed at facilitating otherwise non-viable claims. There are however signs that a European style of collective redress procedure is developing, which emphasize the role of public authorities and consumer organizations as gatekeepers to collective redress. The EU is unlikely to be able to impose collective redress procedures on national civil procedures, but the EU could prompt Member States to reflect on the need for national reforms. There may be limited scope for an EU mechanism to address the problem of individually non-viable consumer claims. This would however have to address certain fundamental issues such as the opt-out mechanism, cy-près distribution and funding if consumer organizations are to be encouraged to bring such actions. At a legal doctrinal level, it is interesting to note the influence of comparative studies on policy development within Member States as well as at the EU level.

scholarly journals Aproximación a la regulación y contenido del derecho a una alimentación adecuada

2018 ◽  
pp. 183 ◽  
Author(s):  
Juan Manuel Goig Martínez
Keyword(s):  
Human Rights ◽  
National Level ◽  
Human Right ◽  
Public Authorities ◽  
Right To Food ◽  
The Public ◽  
Guiding Principle ◽  
Derechos Humanos ◽  
Adequate Food ◽  
The Right

La alimentación adecuada constituye un derecho humano. Así lo han reconocido oficialmente la gran mayoría de los Tratados Internacionales sobre derechos humanos. Pero existe una gran diferencia entre que un Estado reconozca oficialmente la alimentación como un derecho fundamental en su constitución, o lo haga como un principio rector, puesto que ello dotará al derecho a la alimentación adecuada de una mayor protección, o lo convertirá en un principio de actuación de los poderes públicos. Se puede exigir a los gobiernos garantizar el ejercicio efectivo del derecho a la alimentación de conformidad con las disposiciones constitucionales para otros derechos humanos. Pero, la capacidad de la invocación indirecta de otros derechos humanos para lograr la protección efectiva del derecho a la alimentación en el plano nacional dependerá, en definitiva, de la interpretación jurídica que se haga de la Constitución.Adequate food is a human right. Thus the vast majority of treaties have officially recognized it human rights. But there is a big difference between that a State officially recognizes food as a fundamental right in the Constitution, or do it as a guiding principle, since this will provide the right to adequate food of greater protection, or the It will become a principle of action of the public authorities. You may require Governments to ensuring the effective exercise of the right to food in accordance with the constitutional provisions for other human rights. But the indirect invocation of other human rights capacity to achieve effective protection of the right to food at the national level will depend, ultimately, of the legal interpretation that is made of the Constitution.

International Composite Administration: Conceptualizing Multi-Level and Network Aspects in the Exercise of International Public Authority

2008 ◽  
Vol 9 (11) ◽  
pp. 2013-2039 ◽  
Author(s):  
Armin von Bogdandy ◽  
Philipp Dann
Keyword(s):  
International Law ◽  
Public Law ◽  
Common Phenomenon ◽  
Public Authorities ◽  
Public International Law ◽  
The Public ◽  
Administrative Action ◽  
Role Of The State ◽  
Multi Level

The administration of the traditional nation-state used to operate as a rather closed system to the outside world. Today, cooperation between the public authorities of different States and between States and international bodies is a common phenomenon. Yet the characteristics and mechanics of such cooperation can hardly be understood using the concepts domestic public law or public international law currently on offer. Conventional concepts, such as federalism, confederalism or State-centered “realism” hardly fathom the complexity of interactions or reflect the changed role of the State, while more recent concepts, such as multi-level systems or networks, seem to encompass only parts of the phenomena at hand. Given this void, we propose to explore the notion of “composite administration” (Verbundverwaltung) and argue that it offers a concept which can combine more coherently the seemingly diverging legal elements of cooperation and hierarchy that distinguish administrative action in what often is called a multi-level administrative system. Even though the concept of composite administration was originally designed and further developed with respect to the largely federal European administrative space, we suggest testing the concept in the wider context of international cooperation. We believe that it offers valuable insights and raises critical questions, even though we do not intend to insinuate any proto-federal prospects of the institutions discussed in this paper.

scholarly journals The COVID-19 Pandemic: A Month of Bioethics in Finland—ADDENDUM

2020 ◽  
Vol 30 (1) ◽  
pp. 204-204
Author(s):  
MATTI HÄYRY
Keyword(s):  
Human Rights ◽  
Public Authorities ◽  
The Public ◽  
Window Dressing ◽  
Limited Experience ◽  
Political Theories ◽  
Moral Philosophers

AbstractThe role of bioethicists amidst crises like the COVID-19 pandemic is not well defined. As professionals in the field, they should respond, but how? The observation of the early days of pandemic confinement in Finland showed that moral philosophers with limited experience in bioethics tended to apply their favorite theories to public decisions with varying results. Medical ethicists were more likely to lend support to the public authorities by soothing or descriptive accounts of the solutions assumed. These are approaches that Tuija Takala has called the firefighting and window dressing models of bioethics. Human rights lawyers drew attention to the flaws of the government’s regulative thinking. Critical bioethicists offered analyses of the arguments presented and the moral and political theories that could be used as the basis of good and acceptable decisions.

The role of Seminary in the Tambov Governorate social life (1867-1884s)

Neophilology ◽  
2019 ◽  
pp. 214-220
Author(s):  
Theodosius (Vasnev)
Keyword(s):  
Moral Education ◽  
19Th Century ◽  
Social Life ◽  
Special Importance ◽  
Education Practice ◽  
The Public ◽  
Current State ◽  
The Social ◽  
The 19Th Century

The Seminary influence on the governorate social life development was an integral part of social processes in the period of 1867-1884, which formed the prototype of the modern education practice. Identification of the Seminary role in the Tambov Governorate social life of the 19th century is a research component of this study, which affects the knowledge of the spiritual and moral education of society current state. Manuscript drafting source was the archival data of Tambov eparchy clergy activities of the late 19th century, the periodical press data of the same period. We interpret the obtained sources in the logic of the general civilized approach to the study of Seminary as an institution of social life characterized by regional aspects. Studies of the role of Seminary in social life have shown the sequence of its formation and development, its further socialization in the social life of the governorate. Special importance is attached to the Tambov Seminary in the years of transformations. Spiritual and moral influence of the Seminary on contemporaries, its increasingly active participation in the public life of the city, the change of its moral appearance contributed to the increase in the authority (role) of the Seminary in the social life of the Tambov Governorate.

Sign in / Sign up

Export Citation Format

Share Document