scholarly journals What Interpreters in the EU Should Know About Legislation: The Case of Belgium and the Netherlands

2019 ◽  
Vol 6 (1) ◽  
pp. 183-204
Author(s):  
Hildegard Vermeiren
Keyword(s):  
The Netherlands ◽  
Social Services ◽  
Public Service ◽  
Public Law ◽  
Third Party ◽  
Private Law ◽  
The Public ◽  
Legal Provisions ◽  
The Law ◽  
The Eu

Abstract: The interpreting profession weaves its way through a tangled web of legal provisions. Especially in the areas of immigration, the court, the police or social services, third-party rights play an important role, and language assistance is needed to act following the law. Freelance interpreters are contracted. These interpreters have opted for entrepreneurship and private-law relationships with their clients. The public-law sphere, however, is very much a part of their activities, through their training, certification, fees they earn, but also taxation. Due to growing professionalization, higher demands are being placed on interpreters. Requirements nowadays are much stricter than an oath of faithful translation. This paper discusses what starting public service interpreters need to know about legal provisions when starting their career as entrepreneurs in Belgium and the Netherlands.Resumen: En la profesión de intérprete se cruzan numerosas disposiciones legales. Especialmente en los sectores de inmigración, tribunales y servicios policiales o sociales, los derechos de terceros desempeñan un papel esencial, y la asistencia lingüística es importante para la legalidad de las acciones. Se contrata a intérpretes freelance. Estos han optado por hacerse autónomos y por las relaciones de derecho privado con sus clientes. Sin embargo, la esfera del derecho público está muy presente en sus vidas, a través de su formación, certificación, despliegue, tarifación e impuestos. Debido a la creciente profesionalización del sector, el nivel exigido a los intérpretes es cada vez superior. Hoy en día, los criterios son más estrictos que el tradicional juramento de fidelidad.  Comentamos lo que los jóvenes intérpretes necesitan saber al lanzarse como emprendedores en Bélgica y los Países Bajos.

scholarly journals The Public and Private Sides of Harmonized Standards:James Elliott Construction v. Irish Asphalt

2018 ◽  
Vol 19 (6) ◽  
pp. 1399-1416
Author(s):  
Pierluigi Cuccuru
Keyword(s):  
Public Law ◽  
Private Law ◽  
Technical Standards ◽  
Public And Private ◽  
The Public ◽  
Legal Provisions ◽  
Technical Specifications ◽  
Points Of View ◽  
Technical Standardization ◽  
The Eu

AbstractInJames Elliott v. Irish Asphalt, the Court of Justice of the Union addresses the interplay between the EU legal order and harmonized standards—i.e. non-binding technical specifications for products drafted by private bodies upon request of the Commission. The judgment offers interesting insights from the public law and the private law points of view. This Article touches upon both aspects. First, it considers that the Court extends its jurisdiction over harmonized standards under Article 267 TFEU, thus paving the way for a deeper intersection between European judiciary and technical standardization. Second, the paper highlights the Court's understanding of the interplay between harmonized standards and national private law. In this latter regard, it is argued that a rigid separation between technical standards and legal provisions might be excessively formalistic considering the use of technical standards in practice.

User Property, User Rights, and User Privileges

2017 ◽  
Author(s):  
Pascale Chapdelaine
Keyword(s):  
Public Law ◽  
Copyright Law ◽  
Future Application ◽  
Private Law ◽  
The Public ◽  
Freedom Of Contract ◽  
Competing Interests ◽  
Regulatory Changes ◽  
Law And Policy ◽  
User Property

This chapter proposes two principles that should inform the development of copyright law and policy and of user rights. The first calls for more cohesion between copyright law, private law, and public law, and for less exceptionalism in copyright law. The second requires that the balance in copyright law be adjusted for its future application as a mediation tool between the competing interests of copyright holders, users, intermediaries, and the public. Instituting positive obligations for copyright holders in relation to users and steering freedom of contract toward the objectives of copyright law are necessary regulatory changes to rectify ongoing imbalances. The principle of technological neutrality should guide the judiciary in its application of copyright’s objective of promoting a balance in copyright law. The proposed guiding principles lead to the creation of a taxonomy and hierarchy of copyright user rights that take into account the myriad ways users experience copyright works.

Private and Public Law

2020 ◽  
pp. 574-592
Author(s):  
Thomas W. Merrill
Keyword(s):  
Law And Economics ◽  
Public Law ◽  
Private Law ◽  
General Criterion ◽  
The Public ◽  
Private Ordering ◽  
Public Rights ◽  
Private And Public ◽  
The Relationship ◽  
Derivatives Of

This chapter explores the relationship between private and public law. In civil law countries, the public-private distinction serves as an organizing principle of the entire legal system. In common law jurisdictions, the distinction is at best an implicit design principle and is used primarily as an informal device for categorizing different fields of law. Even if not explicitly recognized as an organizing principle, however, it is plausible that private and public law perform distinct functions. Private law supplies the tools that make private ordering possible—the discretionary decisions that individuals make in structuring their lives. Public law is concerned with providing public goods—broadly defined—that cannot be adequately supplied by private ordering. In the twentieth and twenty-first centuries, various schools of thought derived from utilitarianism have assimilated both private and public rights to the same general criterion of aggregate welfare analysis. This has left judges with no clear conception of the distinction between private and public law. Another problematic feature of modern legal thought is a curious inversion in which scholars who focus on fields of private law have turned increasingly to law and economics, one of the derivatives of utilitarianism, whereas scholars who concern themselves with public law are increasingly drawn to new versions of natural rights thinking, in the form of universal human rights.

scholarly journals The platformisation of public service broadcasting in Germany: The network ‘funk’ and the case of Druck/Skam Germany

2021 ◽  
Vol 16 (2) ◽  
pp. 126-144
Author(s):  
Sven Stollfuß
Keyword(s):  
Social Media ◽  
Public Service ◽  
Third Party ◽  
Mobile Media ◽  
Media Environment ◽  
The Public ◽  
Public Service Broadcasting ◽  
Web Series ◽  
Production And Distribution ◽  
German Adaptation

This article investigates how platformisation changes the practices of content production and distribution through the case of the web series, Druck (tr. Pressure (2018–), for the public service content network ‘funk’ (ARD and ZDF). An analysis of the German adaptation of the Norwegian television and web series Skam (tr. Shame) (NRK3, 2015–2017) shows how public service broadcasting (PSB) in Germany is changing due to the influence of social media. To reach a younger audience, PSB has to meet them on third-party platforms. Consequently, PSB must provide content that fits the mobile media environment of social media.

scholarly journals Work process of an oral health team according to the dentists

2017 ◽  
Vol 65 (4) ◽  
pp. 344-351
Author(s):  
Flávia Martão FLÓRIO ◽  
Mariana Boanova LOURENÇO ◽  
Arlete Maria Gomes OLIVEIRA ◽  
Luciane ZANIN
Keyword(s):  
Health Care ◽  
Oral Health ◽  
Public Service ◽  
Vocational Training ◽  
Dental Hygienist ◽  
Work Process ◽  
The Public ◽  
Health Team ◽  
Legal Provisions

ABSTRACT Objective: The aim of this study, conducted with the participation of the dentists of public service of Campinas, Dental Hygienist Technicians (TSBs) and Oral Health Assistants (ASBs), was to investigate the adequacy of the work process relative to the legal duties and professional limits. Methods: All the 180 dentists linked to the public service in 2014 were invited to take part in the study. Structured and self-administered questionnaires were sent to the these professional and they focused on vocational training and the allocation of functions in routine health care based on the provision of Law 11.889/2008. Results: Considering the respondents, the post-graduation period was 22.1 ± 7.4 years and they had a mean number 16.2 ± 8.9 years of public service. The majority of dentists worked with assistants (82.8%) during the period of study. Regarding the functions delegated to assistants, of the 36 functions identified, it was noted that 14 (38.9%) of the functions delegated diverged from their legal attributes, for most respondents; of these 35.7% (5) denoted extrapolation of ASBs functions, 28.6% (4) extrapolation of TSBs functions and 35.7% (5) underutilization of assistants, in particular TSBs. Conclusion: The authors concluded that most actions were being delegated in a manner consistent with the legal provisions, however, there were still situations of extrapolation of assistant's functions and underutilization of TSBs.

The law applicable to third-party effects of assignment and the conflict rules for insolvency according to EU law

2019 ◽  
Vol 24 (4) ◽  
pp. 664-684
Author(s):  
Christian Heinze ◽  
Cara Warmuth
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
Third Party ◽  
Legislative Process ◽  
Insolvency Law ◽  
Ongoing Debate ◽  
Good Opportunity ◽  
Insolvency Regulation ◽  
The Law ◽  
The Eu

Abstract In March 2018, the European Commission issued its proposal for a regulation on the law applicable to third-party effects of assignments of claims, aiming to put an end to the ongoing debate on this issue and the legal uncertainty associated with it. On the basis of the Commission’s decision in favour of the application of the law of the assignor’s habitual residence, this article discusses the consequences of the Proposal under European Union (EU) insolvency law. For that purpose, the coherence of the Proposal with the Insolvency Regulation will be examined, first in general and then in more detail. The analysis comes to the result that the Commission’s objective of aligning the Proposal with the legal framework of the Insolvency Regulation has predominantly been well achieved. The authors point out remaining minor inaccuracies that may be clarified in the further legislative process or by later case law. It is concluded that, from the perspective of international insolvency law, the proposed uniform conflict-of-laws rule at the EU level offers a good opportunity to promote legal certainty with regard to cross-border assignments of claims in the future.

scholarly journals TANGGUNGJAWAB BLU TRANSJAKARTA TERHADAP PIHAK KETIGA DALAM HAL TERJADI KECELAKAAN MENURUT UU NO. 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN

2014 ◽  
Vol 14 (3) ◽  
Author(s):  
Elfrida R Gultom
Keyword(s):  
Public Service ◽  
Public Transport ◽  
Third Parties ◽  
Third Party ◽  
Service Agency ◽  
Transportation Services ◽  
The Public ◽  
The Third ◽  
The Third Party ◽  
Ticket Prices

The objective of Busway development is to provide transportation services faster, safer, comfortable, and affordable for people in Jakarta. Ticket prices are subsidized by the local government busway. Busway given special line, however could not be separated from the accident. In a carriage, in the event of an accident then apply provisions of Law No. 22 of 2009 on Traffic and Transportation. If there is a loss that hit the third party then setting responsibilities Public Service Agency TransJakarta Busway to third parties refer to the provisions of Article 194 paragraph (1) which determines that the public transport companies are not responsible for any losses suffered by third parties, unless the third party may prove that the loss is caused by the fault of public transport company. Under these provisions, if the third party wants to sue for damages, ketigalah party must prove the fault of the carrier, the claim is based on the basis of tort or on the basis of error set forth in Article 1365 of the Civil Code which stipulates that any action unlawfully harming others, require the person who carries the loss offset. Keywords: transport, the responsibility of the carrier, a third party, transport law

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