Consequences of convergence of the private sector and public law in the field of protection of subjective rights

2020 ◽  
pp. 58
Author(s):  
Larisa Sannikova
Keyword(s):  
Private Sector ◽  
Public Law ◽  
Subjective Rights

Making the Multiple:

2019 ◽  
Vol 118 (4) ◽  
pp. 839-855
Author(s):  
Michele Spanò
Keyword(s):  
Legal Theory ◽  
Social Relation ◽  
Logical Form ◽  
Public Law ◽  
Private Law ◽  
The Social ◽  
Private And Public ◽  
The Commons ◽  
Subjective Rights ◽  
Do So

The essay argues for the compatibility between private law and the commons. In order to do so, it proposes an archeology of modern private law, which traces both the emergence of what will be called “modern topology” and the historical transformation of civil law into what we still know as private law. Private law is considered to be a product of modern legal theory which is radically tied with public law. The two are meant to have the very same logical form—individuality—which was the premise for the social relation of capital to be established. The pivot of this legal maneuver—which ended up with the exclusion of the commons from the realm of both private and public law—was the theory of subjective rights. To dismantle this construction, the essay proposes a critique of subjective rights as well as a trans-subjective approach to private law.

scholarly journals The measures to protect public legal interests in the civil process

2021 ◽  
Vol 3 (1) ◽  
pp. 69-85
Author(s):  
Svetlana A. Burmistrova ◽  
Keyword(s):  
Civil Rights ◽  
Implementation Process ◽  
Public Law ◽  
Public And Private ◽  
Social Good ◽  
Civil Process ◽  
The Social ◽  
Legitimate Interests ◽  
Rights And Interests ◽  
Subjective Rights

Introduction. The civil legislation of Russia has a list of general ways to protect civil rights. There is comprehensive list of ways to protect public-law subjective rights and interests either in legislation or in legal science. As a result, some methods of protection that are explicitly named in the law are widely used in practice and have been sufficiently studied in science, while others that do not have direct legislative support are little or practically not used in practice, which leads to weak protection of rights and interests that could be protected by such methods. Theoretical Basis. Methods. In order to make the most complete list of the methods of protecting public-law subjective rights and interests and, if possible, bring such methods into the system, the author of the article proceeded from the following ideas: – social interests regulated by law (legal interests) have a different probability of achieving the object (the social good they are aimed at) and are divided into three categories, namely interests with a maximum (subjective rights), minimum (legitimate interests) and intermediate probability of achieving the object (legitimate interests that can be transformed into subjective rights by an act of law enforcement); – legal interests in the implementation process go through a number of stages, each of which can be violated in a special way. Knowing what constitutes a violation in each of the stages, allows an accurate choice of a method of protection from the range of availale measures; – the importance of implementing legal interests for the society is not the same. General (public) significance leads to the fact that the interest is regulated by public law. The private significance of an interest entails its regulation by private law. Results. It is argued that public and private entities can be carriers of public legal interests. It is proved that relations arising from the implementation of public-legal interests can be based on subordination or equality, and therefore the subjects of public-legal relations can have a powerful, subordinate and equal status. The article presents a system of measures and measures that should be applied in cases of violations of public-legal interests of powerful, subordinate and equal participants in public-legal relations at various stages of the implementation of such interests. Discussion and Conclusion. The results obtained can serve as a basis for improving the procedural means of protection and proceedings for the protection of public legal interests.

France

2019 ◽  
pp. 170-189
Author(s):  
Laurent Neyret
Keyword(s):  
Private Sector ◽  
Criminal Law ◽  
Precautionary Principle ◽  
Local Governments ◽  
Environmental Governance ◽  
Central Government ◽  
Environmental Law ◽  
Public Law ◽  
Private And Public

This chapter examines the important aspects of environmental law in France. It first provides an overview of how powers are allocated with regards to environmental law in France, with particular emphasis on the major trends in the construction of environmental law such as its codification and constitutionalization and the expansion of environmental governance to private law instruments. The discussion then turns to the structure and substance of environmental law in France, taking into account private and public law instruments used in environmental protection. The chapter also analyses the application of environmental rules through the central government, local governments, specialized agencies, and courts. Finally, it looks at some selected issues which have been recently addressed in French environmental law, including the application of the precautionary principle, the remediation of ecological damage, the protection of the environment through criminal law, and the role of the private sector in protecting the environment.

scholarly journals Glosa do wyroku Naczelnego Sądu Administracyjnego z dnia 8 maja 2018 r., II OSK 1357/17 – aprobująca

2019 ◽  
Vol 17 (2) ◽  
pp. 125-132
Author(s):  
Marta Woźniak
Keyword(s):  
Property Rights ◽  
Public Space ◽  
Cultural Values ◽  
Public Interest ◽  
Public Law ◽  
Private Interest ◽  
The Public ◽  
Constitutional Principle ◽  
Principle Of Proportionality ◽  
Subjective Rights

The judgment of the Supreme Administrative Court of 8 May 2018 concerns the issue of relations of property rights to public interest, in connection with the resolution of the commune council, regarding the creation of a culture park. The resolution introduces a specific public-law regime in a given area, taking into account the general needs, which simultaneously causes interference in the sphere of subjective rights, in particular through a system of prohibitions and restrictions. The judgment is based on the conviction that there is a need in the public space to protect cultural values. In the aspect of the constitutional principle of proportionality, it is also important to consider the private interest in the area covered by protection in the form of a culture park.

scholarly journals The Ombudsmen: Time for Jurisdictional Expansion The Case for Extending the Jurisdiction of The Statutory Ombudsmen to Cover the Exercise of Public Power in the Private Sector

2001 ◽  
Vol 32 (2) ◽  
pp. 549
Author(s):  
Alistair Cameron
Keyword(s):  
New Zealand ◽  
Private Sector ◽  
Public Law ◽  
Public Power ◽  
State Sector ◽  
The Public

The diffusion of public power in New Zealand through state sector reforms is well documented.  As "public functions" are increasingly exercised by "private" bodies other than the traditional array of Ministries and Departments, the questions arise as to whether the "public law" tools that have historically accompanied such exercise continue to apply. This article argues that one such "tool", the Ombudsman, is particularly suited to application in the control of the exerciseof public power by the private sector.  In doing so, the author traverses the arguments made for extending the application of public law tools to the private sector, the extent to which public laws have so far been applied to private sector exercises of public power, and the particular reasons for extension of the jurisdiction of the Ombudsmen thereto. 

scholarly journals Zasadnicze przejawy ingerencji w prawa podmiotowe prywatne jednostek przez III Rzeszę

2017 ◽  
Vol 39 (1) ◽  
pp. 45-74
Author(s):  
Tomasz Kruszewski ◽  
Leonard Górnicki
Keyword(s):  
Civil Rights ◽  
Essential Element ◽  
Third Reich ◽  
Public Law ◽  
National Socialist ◽  
The Third ◽  
Legal Situation ◽  
The Law ◽  
The Third Reich ◽  
Subjective Rights

ESSENTIAL MANIFESTATIONS OF INTERFERENCE IN SUBJECTIVE RIGHTS OF PRIVATE INDIVIDUALS BY THE THIRD REICHThe article analyzes the most important manifestations of limitation of subjective rights of private individuals by the Third Reich. The authors begin the article by undermining by the national socialist regime one of the fundamental principles, which is equality before the law. Then, the au­thors analyze the violations of particulars individual rights of private individuals.The purpose of the authors is to demonstrate that the self-reliance of aperson Eigenständig­keit has ceased to be an essential element of private law in the national socialist legal order. The sphere in which the subject of law could freely regulate the legal situation created by acts of his will, became clearly restricted. But also, and even more specifically, the sphere of traditionally protected civil rights of private individuals has fallen. The interference of the national socialist regime in the sphere of human privacy followed by changes both in civil and in public law. The existence of a for­mal legal basis was supposed to exclude the unlawfulness of the behavior of the subjects of the law, especially the state, its organs and institutions, but in the light of the idea ofthe law of the civilized nations it was “statutory lawlessness”.

scholarly journals Public Finance Expenditure And Awarding Work To External Contractors - Case Of Slovenia

2011 ◽  
Vol 27 (1) ◽  
Author(s):  
Stanka Setnikar-Cankar ◽  
Janko Seljak ◽  
Veronika Petkovšek
Keyword(s):  
Public Finance ◽  
Local Government ◽  
Private Sector ◽  
Public Procurement ◽  
Public Law ◽  
Legal Basis ◽  
Public Funds ◽  
The Public ◽  
Procurement System ◽  
Selection Of

The research project “Awarding Work to External Contractors” studied the practice of implementing public contracts in a significant selection of Slovenian local government bodies. Public procurement has become a permanent accompaniment to the business of central and local government and other public law persons with the private sector, and now goes beyond Slovenia’s borders. The public procurement system aims at dynamism, with the possibility of a rapid response to the needs of those using public funds. The principles of public procurement and its legal basis mean the system is rigid and complex, by its nature.

La deconstrucción de las fórmulas de intervención administrativa: de la aplicación de la Ley a la contractualización

2014 ◽  
pp. 1269-1277
Author(s):  
José ESTEVE PARDO
Keyword(s):  
Risk Management ◽  
Private Sector ◽  
Public Law ◽  
Legal Regulations ◽  
Administrative Action ◽  
Contractual Relationships

LABURPENA: Zuzenbide publikoaren arloko aldaketen ondorioz baztertzen ari dira lege-erregulazioak, eta hutsune horiek betetzera datoz subjektu pribatuen arteko kontratuharremanak. Lekualdatze hori bera ikusten da interbentzio administratiboaren eremu tradizionalean ere: partikularren eskuetara ari dira joaten arriskuak kudeatzeko formulak eta baimenaren ordezko formulak, adibidez erantzukizunpeko jakinarazpena edo adierazpena. Horiek berez ez diete estaldurarik eskaintzen sustatzaileei, eta haiek sektore pribatuan bilatuko dituzte kontratu-estaldurak. RESUMEN: Las transformaciones que se registran en el ámbito del Derecho público están impulsando una retirada de las regulaciones legales que dejan unos unos espacios que son ocupados por relaciones contractuales entre sujetos privados. Este desplazamiento también se observa en el ámbito tradicional de la intervención administrativa: se está produciendo un amplio traslado a particulares de las fórmulas de gestión de riesgos y las fórmulas alternativas a la autorización, como son la comunicación o la declaración responsable no ofrecen por si misma una cobertura a los promotores que tratarán de buscarse coberturas en el sector privado de estructura contractual. ABSTRACT: The transformations in the field of Public Law are promoting the withdrawal of legal regulations that leave spaces that are occupied by contractual relationships among private individuals. This shift is also observed in the traditional field of administrative action: a wide transfer to the privates of risk management formulas and the alternative formulas of authorization is being produced as the communication and the responsible statement do not offer by themselves a coverage to the promoters who will try to find coverages in the private sector of the contractual framework.

scholarly journals The Swiss reform of the allocation of tasks: The Conventions-programs as a new partnership model for vertical cooperation?

2015 ◽  
Vol 12 (1) ◽  
Author(s):  
Laetitia Mathys
Keyword(s):  
Private Sector ◽  
Public Policies ◽  
Public Law ◽  
Public Programs ◽  
New Model ◽  
Partnership Model ◽  
New Form ◽  
Public Contracts ◽  
Vertical Cooperation

I examine how the reform of the allocation of tasks implemented in 2008 in Switzerland improves the relationships between the Confederation and the cantons (vertical cooperation).  The aim of the reform was to revitalize federalism by clarifying the responsibilities of the Confederation and the cantons in the implementation of public policies: public tasks were divided between federal and cantonal levels. 7 tasks become exclusively federal and 11 are handled by cantons. However 21 tasks are carried out by both the Confederation and the cantons, creating a new model of partnership. Among these common tasks and for 3 other public programs, 18 are treated by public contracts concluded between the Confederation and each canton: the Conventions-Programs. These public law contracts, valid for periods of 4 years (2008-11, 2012-15 and 2016-19) seem to be used as a “blueprint” in the implementation of public policies. By including the participation of citizens, municipalities, private sector and associations, they create a new form of multi-governance. Even if this reform allows a better separation of competences and transparency in the implementation of public policies, there still are problems to be solved and roles to be clarified.

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