scholarly journals Restrictions of the right of free movement on the territory of the country during the state of emergency, caused by the Sars-Cov-2 pandemic

2021 ◽  
Vol 16 (2) ◽  
pp. 12-62
Author(s):  
Raina Nikolova
Keyword(s):  
Crisis Management ◽  
Emergency Situation ◽  
Legal Framework ◽  
Central Executive ◽  
The State ◽  
Free Movement ◽  
Legal Basis ◽  
State Of Emergency ◽  
The Right

The article analyzes the Bulgarian administrative legal framework on emergencies (state of emergency, crisis management and overcoming, emergency situation and emergency epidemic situation). It indicates the temporary restrictions of the right of free movement of the citizens provided in the legislation. The article discusses the competence of the central executive authorities, interdepartmental bodies and territorial authorities (regional governors and mayors) to deal with a pandemic. The article discusses also the legal basis and justifications for the introduction of the curfew by some of the regional governors and mayors during the state of emergency, caused by SARS-CoV-2 (COVID-19).

scholarly journals Audiovisual Media Regulation during the COVID-19 Pandemic - Measures Undertaken by the Romanian Authorities during the State of Emergency

2021 ◽  
Vol 10 (1) ◽  
pp. 65-75
Author(s):  
Zsolt Kokoly
Keyword(s):  
Legal Framework ◽  
The State ◽  
State Of Emergency ◽  
Legal Norms ◽  
The Public ◽  
Audiovisual Media ◽  
Media Regulation ◽  
Presidential Decree ◽  
Multiple Challenges ◽  
The Right

The present study aims to offer a review of measures taken by the Romanian authorities in the field of audiovisual media regulation during the state of emergency instituted in March 2020 following the COVID-19 outbreak. The legal framework has been adjusted, drawing both from extant norms, such as the 2003 Constitution of Romania, and from newly adapted legal norms such as the Presidential Decree declaring the state of emergency. Also, the competent authorities have been invested with additional powers, this being the case of the National Audiovisual Council and the National Authority for Management and Regulation in Communications. These institutions have faced multiple challenges regarding the clash between freedom of opinion and freedom of speech and the right to correct information of the public and the campaigns to counter misinformation.

Amendment of the Contravention Code or Defiance of the Constitution by the Exceptional Situations Commission?

2021 ◽  
pp. 56-65
Author(s):  
Iulian Rusanovschi ◽  
Keyword(s):  
Public Health ◽  
The State ◽  
Constitutional Court ◽  
State Of Emergency ◽  
Constitutional Review ◽  
Republic Of Moldova ◽  
The Republic ◽  
The Right ◽  
Epidemiological Situation

On 17.03.2020, the Parliament declared a state of emergency on the entire territory of the Republic of Moldova for the period March 17 - May 15, 2020. By the same Decision, the Parliament delegated the Commission for Exceptional Situations with the right to implement a series of measures to overcome the epidemiological situation in the country. However, in the conditions of a functioning Parliament and despite the clear and exhaustive texts of the Constitution, the Commission for Exceptional Situations amended during the state of emergency the Contravention Code, which is an organic law. The amendments specifically concerned the procedure and terms for examining infringement cases brought in connection with non-compliance with the measures adopted by the Commission for Exceptional Situations and the Extraordinary Commission for Public Health. In the conditions in which an organic law can be modified only by the Parliament, it is obvious the unconstitutionality, at least partial, of the Disposition no. 4 of 24.03.2020 of the Commission for Exceptional Situations, but unfortunately, the Constitutional Court is not mandated with the right to submit to constitutional review the normative acts adopted by the Commission for Exceptional Situations. Under these conditions, the state is obliged to identify solutions in order not to allow an authority to adopt unconstitutional normative acts that cannot be subject to constitutional review.

For Some Aspects of Administrative Law State of State of Emergency and Allowable Restriction of Rights

De Jure ◽  
2020 ◽  
Vol 11 (2) ◽  
Author(s):  
Yoana Ivanova ◽  
◽  
◽  
Keyword(s):  
Administrative Law ◽  
The State ◽  
State Of Emergency ◽  
The Right ◽  
Judicial Protection

The state of emergency implies for a unique legal reality. In order to slow the spread of the disease numerous restrictions are imposed. Only law can introduce allowable restrictions of rights. Moreover, the right of effective judicial protection cannot be restricted.

Part III The Legal Framework, 9 Damages

2020 ◽  
Author(s):  
Veljanovski Cento
Keyword(s):  
Legal Framework ◽  
Competition Authority ◽  
Legal Basis ◽  
Collective Actions ◽  
National Courts ◽  
National Competition ◽  
National Competition Authority ◽  
The Uk ◽  
The Right ◽  
Lost Profit

This chapter assesses damages actions for competition infringement. The Damages Directive sets out a common legal basis across the EU for the right of those harmed by a competition infringement to sue and quantification of damages. It has been transposed into the UK and incorporated as Schedule 8A of the Competition Act 1989. The Damages Directive gives the national courts the power to estimate the overcharge; requires the European Commission to issue guidelines on the quantification of overcharges and on ‘pass-on to’; and advises that the national courts can request assistance from a willing national competition authority where appropriate to determine quantum. In English law, the position is that damages are compensatory and aim to place the victim in the position they would have been had they not been injured so far as monetary compensation can. There are several heads or types of damages that have so far been claimed: overcharge damages; lost volume or lost profit damages; run-on damages; umbrella damages; cost-based damages; future losses, lost chance, and lost opportunity damages; and aggregate damages in collective actions.

scholarly journals AKTUALISASI NILAI-NILAI PANCASILA TERHADAP HAK ATAS KEBEBASAN BERAGAMA DAN BERIBADAH DI INDONESIA

2018 ◽  
Vol 47 (1) ◽  
pp. 40
Author(s):  
Sekar Anggun Gading Pinilih
Keyword(s):  
Religious Pluralism ◽  
The State ◽  
Freedom Of Religion ◽  
Legal Basis ◽  
Belief In God ◽  
The Right

Indonesia is a religious pluralism country, not only one religion is recognized by the state but more than one religion and belief. Every Indonesian people has the freedom to choose, embrace, teach religion according to his belief without interruption and disturbing from others. Pancasila comes as a unifying nation in running the diversity, especially the value of Belief in God. This value then animates Article 28 E Paragraph (1) and Article 29 of the Constitution of Indonesia as the legal basis for guarantee the right to freedom of religion and worship. 

How Arbitrary Was Tsarist Administrative Justice? The Case of the Zemstvos Petitions to the Imperial Ruling Senate, 1866–1916

2006 ◽  
Vol 24 (1) ◽  
pp. 1-43
Author(s):  
Natasha Assa
Keyword(s):  
Fundamental Principle ◽  
Legal Framework ◽  
The State ◽  
Government Officials ◽  
Public And Private ◽  
Administrative Litigation ◽  
The Public ◽  
Administrative Power ◽  
The Right ◽  
Administrative Justice

One of the key principles of the modern legal state (Rechtsstaat) is the right of all citizens to seek judicial protection against unlawful acts of government officials. It stems from the fundamental principle of the rule of law that asserts that all citizens, including state officials, are equal before the law and have the right to a fair trial. Within this legal framework a distinct field of law, “administrative justice,” governs public litigation against state officials. Its domain of jurisdiction reflects complex philosophical and legal distinctions between the public and private spheres in the modern state. As legal scholars and philosophers continuously redefine the boundary between the public and private spheres, the prerogatives of government officials over the rights of private citizens continue to evolve. The key questions in the debate are as follows. Should the state guarantee an undisputed precedence of citizens’ rights over administration or should it protect its officials from widespread litigation and therefore grant them a certain degree of immunity? Should ordinary courts and laws decide disputes between government officials and private individuals, or should the state provide separate norms, judges, and procedures for administrative litigation? Should punishment for misuse of administrative power be equal to that of the breach of civil or criminal laws? Who and to what extent should be made liable for any damages incurred through misuse of administrative power?

scholarly journals Stany nadzwyczajne stan wojenny, stan wyjątkowy, stan klęski żywiołowej w konstytucji Rzeczypospolitej Polskiej

2016 ◽  
Vol 106 ◽  
pp. 19-27
Author(s):  
Marcin Miemiec
Keyword(s):  
Crisis Management ◽  
Natural Disaster ◽  
Legal System ◽  
The State ◽  
Public Order ◽  
Martial Law ◽  
State Of Emergency ◽  
Emergency Situations ◽  
States Of Emergency ◽  
Democratic State

EXTRAORDINARY MEASURES MARTIAL LAW, STATE OF EMERGENCY, STATE OF NATURAL DISASTERThe Constitution regulates the organisation and functioning of the most important organs of the state, the rules governing the relations between the state and citizens, as well as basic rights, freedoms and duties of citizens. The Constitution allows for restriction of these laws only by legislation, and only when it is necessary in a democratic state for its security or for the protection of public order, environmental protection, health and public morality, for the rights and freedoms of others. It is unacceptable to violate the essence of freedoms and rights. The restrictions are subject to police laws’ regulations. When the police measures are insufficient, applicable are legislations on extraordinary measures: martial law, state of emergency, state of natural disaster. The Constitution defines the following rules for the implementation of these states: uniqueness, legality, proportionality, purpose, protection of the legal system basics, protection of the representative bodies. They are the directives of interpretation of other regulations of the discussed Chapter of the Constitution and the regulations of statutes on emergency situations. A kind of competition for legislation on states of emergency may be provisions of the Act on Crisis Management.

scholarly journals Skutki prawne kontroli przedsiębiorcy prowadzonej z naruszeniem zasad kontroli

2018 ◽  
Vol 114 ◽  
pp. 623-636
Author(s):  
Michał Strzelbicki
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Public Economic ◽  
Economic Law ◽  
Scope Of Application ◽  
The Right ◽  
Legal Consequences

LEGAL CONSEQUENCES OF ENTREPRENEUR INSPECTION CONDUCTED IN VIOLATION OF PRINCIPLES FOR INSPECTIONWith the enforcement of the Business Activities Freedom Act, the provisions of Chapter 5 entitled “Entrepreneur Inspection” have become to apply in the Polish Public Economic Law. The essence of the regulation lies in the principles for inspection, namely standards to be met by each and every entrepreneur’s business inspection performed by administrative bodies. Legal regulation of entrepreneur inspection, providing for legal framework of the procedure and setting limits to the actions of the inspection authority, was aimed by the legislator to limit the natural advantage of the authority over the entrepreneur during the inspection proceeding.The legislator was aware that the very introduction of principles for inspection would not be sufficient to effectively protect entrepreneurs’ interests. For this reason, the administrative authorities have been obliged to apply the principles for trader inspection through far-reaching negative legal consequences to the authority in the event of breach. The article analyses such legal solutions which provide entrepreneurs with the right to pursue compensation from the state, and permit demanding that the evidence gathered during the inspection could not be used against such trader by the administration authorities the “fruit of the poisonous tree” principle. The author presents the scope of application of both such instruments, and takes a stand as regards related detailed issues which have so far been the bone of contention both in the doctrine and in the judgements.

scholarly journals The Organization of Criminal Proceedings During a Pandemic when the State of Emergency Has Not Been Declared (Using the Example of COVID-19 Pandemic)

2021 ◽  
Vol 15 (2) ◽  
pp. 248-260
Author(s):  
Michael Menzhega ◽  
Marina Sawelewa ◽  
Aleksandr Smuskin
Keyword(s):  
Law Enforcement ◽  
Information And Communication Technologies ◽  
Emergency Situation ◽  
The State ◽  
Personal Contact ◽  
Negative Consequences ◽  
Criminal Proceedings ◽  
State Of Emergency ◽  
Information And Communication ◽  
The Government

The authors analyze the work of law enforcement bodies in the conditions of the pandemic when the situation has not been recognized as an emergency by the government authorities and the state of emergency has not been announced (using the example of the situation in March — April of 2020 connected with the COVID-19 pandemic). They stress the importance of a comprehensive assessment of how critical the situation is and of carrying out certain actions even before it is recognized as an emergency. The authors also analyze various approaches to this situation used in difference regions of Russia and point out negative consequences of the implementation of some decisions. It is shown that law enforcement activities, in comparison with other functions of the state, provide fewer opportunities for avoiding personal contact with citizens. In this connection, different ways of carrying out criminalistic activities effectively that take into consideration the necessity of minimizing personal contact for the investigator are presented, such as: distance communication, investigative activities in virtual reality, use of unmanned aerial vehicles to examine the scene of crime without visiting the area during lockdown, use of criminalistic robotics and other robotic complexes. The authors note with regret that while the administration of law enforcement during an emergency situation or a state of emergency is supported by research-based recommendations, it is left in a virtual vacuum, research- and methodology-wise, in the situation of restrictive measures and self-isolation. The article describes both measures of general prevention (use of medical masks, disposable gloves, disposable clothes, hazmat suits), and special possibilities provided by information and communication technologies available in the conditions of the fourth information revolution. The latter, according to the authors, are a wider use of videoconferencing (including its use for such investigative actions as interrogation, confrontation, identification parade, examination), use of computer-augmented reality, implementation of the concept of electronic justice and the use of robotic complexes for criminalistic purposes.

scholarly journals THE INSTITUTE OF COUNSELOR IN THE DOMESTIC SYSTEM OF PUBLIC SERVICE: THE STATE AND PROBLEMS OF LEGAL FIXING

2021 ◽  
pp. 106-112
Author(s):  
O. Pronevych
Keyword(s):  
Public Service ◽  
Best Management Practices ◽  
Local Governments ◽  
Management Practices ◽  
Legal Framework ◽  
The State ◽  
Public Authorities ◽  
Legal Personality ◽  
Social Mission ◽  
The Right

The article is devoted to understanding the specifics of the social mission and the state of legal consolidation of the administrative legal personality of councilors in public authorities and local governments. It is emphasized that the problem of selection of candidates for the positions of advisers to the heads of public authorities is the subject of lively discussion, as a rather controversial collective image of the adviser has formed in the public consciousness. This is due to his belonging to officials who hold a particularly responsible position and perform official duties in the presence of a high level of corruption risks. It is established that the commitment of candidates for advisers is carried out in the context of providing scientific support for the formation and implementation of public policy, implementation of best management practices, finding optimal management and legal algorithms for resolving conflicts, improving the quality of management decisions. The urgent need to improve the domestic service legislation by adopting a special law on patronage service in order to unify the legal framework for the organization and operation of patronage services. First of all, it is necessary to normatively enshrine the right of specific public authorities to establish a patronage service, to provide an exhaustive list of patronage service positions for each of these bodies, to provide the right of equal access to patronage service, to introduce a single mechanism for selection and appointment of patronage service employees. professional achievements and personal business qualities, to differentiate their powers depending on the specifics of public authority of individual officials, which create patronage services. There is also a need to specify the functions, main tasks and powers of advisers to heads of public authorities, articulation of basic qualification requirements for candidates for advisers, clear definition of legal bases of interaction of advisers with career civil servants and communication with civil society institutions, articulation of moral and ethical imperatives. official activity of advisers. Keywords: public service, patronage service, adviser in state authorities and local self-government bodies, staff adviser, advisor on a voluntary basis.

Sign in / Sign up

Export Citation Format

Share Document