scholarly journals Klauzula porządku publicznego a uznawanie zagranicznych orzeczeń, których przedmiotem jest uznanie wyroku lub stwierdzenie jego wykonalności

2019 ◽  
Vol 24 ◽  
pp. 21-46
Author(s):  
Maciej Zachariasiewicz
Keyword(s):  
Public Policy ◽  
Subject Matter ◽  
Civil Procedure ◽  
Comparative Approach ◽  
European Law ◽  
The Public ◽  
Eu Legislation ◽  
Recognition And Enforcement ◽  
The Subject ◽  
Domestic Law

The paper is devoted to the admissibility of recognition and enforcement of a judgment of a foreign court, the subject matter of which is recognition or declaration of enforcement of a judgment from yet another state (judgment on judgment). The issue is discussed in particular with reference to the public policy exception which constitutes a ground for refusal of recognition or enforcement of foreign judgments, both under Polish domestic law (the Code of civil procedure) and European law (Brussels I bis Regulation). It remains controversial whether the judgments on judgments should be recognized, thus benefiting from the so called “parallel entitlement”. The article takes a comparative approach, examining solutions adopted by various legal systems and analysing arguments for and against recognition of such decisions. The author takes the position that they should not be recognized (and that their enforceability should not be declared) in Poland, both under the Code of civil procedure (as with respect to judgments originating from non-EU states), as well as under EU legislation, in particular Brussels I bis Regulation. It is advocated that the concept of a “parallel entitlement” should be rejected.

Modifying Extension CRD Programs in Response to Agent-Identified Needs

1974 ◽  
Vol 3 (2) ◽  
pp. 143-150
Author(s):  
Edmond E. Seay
Keyword(s):  
Public Policy ◽  
Community Development ◽  
Subject Matter ◽  
Resource Development ◽  
Community Resource ◽  
Process Orientation ◽  
The Public ◽  
The Subject ◽  
The Moment ◽  
Pure Process

Debate over how one “does” Community Resource Development (CRD) extension undoubtedly dates back to the moment the field consisted of more than a single practitioner. And the debate goes on. Gratto recently outlined five roles the public policy educator can assume, ranging from one with a pure “process” orientation to one where the subject matter is everything. Another recent publication describes six approaches to community development.

scholarly journals Corruption Crime Eradication by Corruption Eradication Commission Through Red-handed Catch Operation on Bribery Action

2021 ◽  
Vol 13 (2) ◽  
pp. 319-329
Author(s):  
Kamaluddin Abbas
Keyword(s):  
Subject Matter ◽  
Action Control ◽  
The State ◽  
Financial Loss ◽  
Government Officials ◽  
The Public ◽  
A Value ◽  
The Subject ◽  
The Government ◽  
Fundamental Consideration

The government has made many laws and regulations, but corruption issues cannot yet be controlled. Police and Prosecuting Attorney Institutions have not yet functioned effectively and efficiently in eradicating corruption. Therefore, the public hopes Komisi Pemberantasan Korupsi (KPK)/the Corruption Eradication Commission eliminates the crime. KPK is considerably appreciated by the public due to Operasi Tangkap Tangan (OTT)/Red-handed Catch Operation to many government officials involved in bribery action, but the subject matter thereof is whether the OTT is in line with the fundamental consideration of KPK founding pursuant to Law Number 30 of 2002 as updated by the Law Number 19 of 2019 in order to increase the eradication of corruption crime causing the state's financial loss with respect to people welfare particularly KPK powers pursuant to the provision of Article 11 thereof, among others, specifying that KPK shall be authorized to conduct inquiry, investigation and prosecution on corruption crime related to the state financial loss of at least Rp 1,000,000,000 but in fact many OTTs performed by KPK have a value of hundred million Rupiah only and even there are any cases below Rp 100,000,000.-, and bribery action control through OTT being more dominant if compared to the state's financial corruption is not in line with the primary consideration of KPK founding, and similarly the OTT below 1 billion Rupiah doesn't conform to the provision of Article 11 thereof.

scholarly journals Opunomoćenici u upravnom sporu

2020 ◽  
Vol 41 (1) ◽  
pp. 69-85
Author(s):  
Marko Šikić ◽  
Mateja Held
Keyword(s):  
Subject Matter ◽  
Civil Procedure ◽  
Civil Proceedings ◽  
The Subject ◽  
Administrative Courts

Amendments to the Act on Administrative Disputes 2014 added paragraph 2 to the Article 21. It refers to the proper application of the provisions of the Civil Procedure Act in administrative disputes. The Croatian administrative courts have taken a restrictive approach in interpreting that provision, which excludes certain categories of persons from representing complainants and interested parties. The paper problematizes the concept of the authorised representatives in administrative disputes and emphasizes expertise and quality as important features of the representation in general, including the authorised representatives in administrative disputes. The comparative arrangements of European systems in the subject matter are also analysed. It is argued that when interpreting the representation provisions, it is necessary to consider the particularities of the administrative dispute, but also the formulation of the provision, which undoubtedly leaves room for interpretation, as it refers to the “appropriate” application of the provision governing representation in civil proceedings.

Recognition and Enforcement

2016 ◽  
Author(s):  
Reinhard Bork ◽  
Renato Mangano
Keyword(s):  
Public Policy ◽  
Automatic Recognition ◽  
Mutual Trust ◽  
Member States ◽  
The Public ◽  
Recognition And Enforcement ◽  
Insolvency Proceedings ◽  
The Impact ◽  
Foreign Member

Automatic recognition of judgments rendered within the course of insolvency proceedings constitutes one of the fundamental principles of the EIR, as recognition is based on mutual trust and is crucial regarding maintenance of the universality of (main) insolvency proceedings. This chapter scrutinizes the mechanism through which recognition operates pursuant to the EIR. Recognition applies only to certain judgments handed down during insolvency proceedings; therefore, we must determine which types of judgment enjoy recognition pursuant to the EIR. Discussion then focuses on the impact of recognizing foreign judgments before exploring the public policy exception, this being the only ground upon which refusal of recognition may be based. As enforcement of judgments in foreign Member States may be necessary, the manner in which the EIR ensures the enforceability of judgments handed down during insolvency proceedings will also be observed.

8. Patent Protection and Exploitation

2019 ◽  
pp. 178-198
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Subject Matter ◽  
Patent Protection ◽  
European Patent ◽  
Central Importance ◽  
The Public ◽  
The Third ◽  
The Subject ◽  
The Law ◽  
Patent Grant

Once a European patent has been granted the nature and scope of the protection it confers must be determined. In considering such protection this chapter focuses on four issues of central importance to that end. The first is the effects of a patent, namely, the territories in and term for which it is valid. The second is the object of protection, namely, the subject matter that the public is excluded from using during the term of its protection. The third is the nature of protection, namely, the uses of the subject matter from which the public is excluded. And the fourth is the limitations to protection, namely, the uses of an invention that the law permits notwithstanding its protection by patent grant.

Ch.3 International Exhaustion of Rights

2020 ◽  
Author(s):  
Correa Carlos Maria
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Subject Matter ◽  
Dispute Settlement ◽  
Foreign Market ◽  
Trips Agreement ◽  
Parallel Imports ◽  
The Subject ◽  
Domestic Law

This chapter focuses on the issue of exhaustion of rights. Article 6 disclaims any intent in the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement to limit the Members’ freedom to regulate the issue of exhaustion of rights with regard to all types of intellectual property rights (IPRs). It declares the admissibility of the international exhaustion of rights, that is, the possibility of legally importing into a country a product protected by intellectual property rights, after the product has been legitimately put on the market in a foreign market. These imports—made by a party without the authorization of the title-holder but equally legal—are generally known as ‘parallel imports’. Moreover, Article 6 of the TRIPS Agreement has left Member countries freedom to incorporate the principle of exhaustion of rights into their domestic law with a national, regional, or international reach. The issue as such cannot be the subject matter of a dispute settlement under the Agreement.

Part I General Principles, 3 International Law as it Affects Private Law Conventions Governing Cross-Border Commercial Transactions

2015 ◽  
Keyword(s):  
International Law ◽  
Public Law ◽  
Private Law ◽  
Commercial Law ◽  
Typical Structure ◽  
The Public ◽  
State Security ◽  
The Subject ◽  
The Relationship ◽  
Domestic Law

Chapter 3, after describing general principles of international law and the relationship between international law and domestic law, focuses on the hitherto neglected subject of private commercial law conventions. Textbooks on international law invariably focus on public law treaties. By contrast this chapter addresses issues relating to private law conventions. It goes through the typical structure of a private law convention, the interpretation of conventions and the treatment of errors, and the enforcement of private conventional rights against States. The subject of private law conventions and public law has become of increasing importance with the appearance in several private law instruments of provisions of a public law nature designed, for example, to ensure that creditors’ rights are not enforced in a manner that adversely affects the public interest or State security. Reservations and declarations are also discussed, together with the subject of conflicts between conventions.

How well are colleges preparing teachers for modern mathematics?

1965 ◽  
Vol 12 (1) ◽  
pp. 51-53
Author(s):  
Ruth Melson
Keyword(s):  
Public Schools ◽  
Subject Matter ◽  
Approaches To Teaching ◽  
The Public ◽  
Staff Members ◽  
New Approaches ◽  
The Subject ◽  
Additional Education ◽  
Modern Mathematics

It is well known throughout most of the country that the public schools have had to make changes in the content of their courses, particularly offerings in mathematics, because of the vast increase in knowledge and changes in emphasis in various disciplines. The schools have been forced to retrain their teachers or make the teachers themselves responsible for securing additional education, so that the new content and the new approaches to teaching the new content, can be used successfully. Through in-service institutes and courses, teachers have, in many cases, been markedly helped in their desire to become up-to-date in the subject matter for which they are responsible. Unfortunately, it is necessary for schools to employ from 5 to 44 percent new staff members each year. The question arises, “Are the newcomers prepared in modern content to teach the up-dated courses now being offered in our schools?”

scholarly journals Policy agenda-setting studies: an overview of Brazilian research

2020 ◽  
Vol 54 (6) ◽  
pp. 1498-1512
Author(s):  
Ana Cláudia Niedhardt Capella
Keyword(s):  
Public Policy ◽  
Agenda Setting ◽  
Policy Agenda ◽  
International Literature ◽  
Multiple Streams ◽  
The Public ◽  
Academic Production ◽  
The Subject ◽  
Multiple Streams Model ◽  
Do So

Abstract This article aims to present a brief reflection on the studies in the field of the public policy agenda. To this end, the text presents the main theoretical and methodological developments on the subject found in the international literature, with an emphasis on three fundamental contributions: the studies developed by Cobb and Elder in the 1970s; John Kingdon’s multiple streams model in the 1980s; and Baumgartner and Jones’ propositions from the 1990s until the present. Next, we seek to understand how policy agenda-setting studies have been developed in Brazil. To do so, we conduct a mapping of the Brazilian academic production, considering theses, dissertations, and articles published in journals between 2000 and 2018. In conclusion, we note the growing expansion of agenda studies in Brazil, and we draw attention to some of the characteristics of these works, such as the preferred policy areas and the theoretical and methodological frameworks favored by researchers, among other aspects.

scholarly journals Recognition and Enforcement of Arbitration Awards in Kazakhstan

2018 ◽  
pp. 358-367
Keyword(s):  
Public Policy ◽  
New York ◽  
General Meeting ◽  
Civil Procedure ◽  
International Arbitration ◽  
Procedure Code ◽  
Recognition And Enforcement ◽  
The Law ◽  
The Republic ◽  
New York Convention

Arbitration, as an alternative way to resolve commercial disputes, has been used in Kazakhstan for more than twenty years. Arbitration Court is governed by Civil Procedure Code, The Law On Enactments and the Regulatory Resolution. The expansion of the list of documents in the Regulatory Resolution does not comply with the requirements of the New York Convention and therefore, the purpose of our study is to clarify it. The research institute of private law of the Caspian University together with Kazakhstan International Arbitration prepared proposals for making amendments and supplements to the Law On Arbitration and the CPC at the request of the Arbitration Chamber of Kazakhstan. Most of the proposals developed by us were approved and included in the Draft Law of the Republic of Kazakhstan On Amendments and Supplements to Certain Enactments of the Republic of Kazakhstan On Enhancing Protection of Title and Arbitration after discussion at the meetings of the General Meeting members of Arbitration Chamber of Kazakhstan. It was proposed to bringing in compliance with the New York Convention some paragraphs of the Art. 255 and the Art. 504 of CPC and a series of articles in the Law on arbitration. In this article also given answers to some questions of the arbitration court regarding corporate and marriage dispute, as well as an issue of contradiction public policy.

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