scholarly journals The Constitutional and Legal Basis of Price Regulation in Ethiopia

2020 ◽  
Vol 14 (1) ◽  
pp. 119-149
Author(s):  
Fekadu Petros Gebremeskel
Keyword(s):  
Price Regulation ◽  
Legal Authority ◽  
Legal Basis ◽  
Economic Literature ◽  
Administrative Procedure

This article examines price regulation with its various objectives, forms and contexts. Navigating through the economic literature (that shows price regulation as a futile exercise for controlling inflation and solving commodity scarcity), the article analyses the constitutional foundations and the legislative enactments that authorize price regulation in Ethiopia. While there is a strong legal authority under the Constitution to regulate prices, there is lack of detailed standards to distinguish between the proper and improper exercise of price regulation power. Distinction is made between price regulation in normal times vis-à-vis price regulation during emergencies, and I argue that price regulation during emergencies should be evaluated against separate standards. With regard to price regulation in normal times, the recently enacted administrative procedure proclamation may help in solving the lack of standards.

A Turtle by Any Other Name: The Legal Basis of the Australian Constitution

2001 ◽  
Vol 29 (2) ◽  
pp. 241-272 ◽  
Author(s):  
Anthony Dillon
Keyword(s):  
Legal Authority ◽  
Legal Basis

‘Lawyers are not disposed to look behind the immediate constitutional framework to the ultimate sources of legal authority’: Lord Lloyd, The Idea of Law (1987) 173.

Zgłaszanie problemów i pomysłów przez Internet z wykorzystaniem map (geolokalizacji). Perspektywa prawnoadministracyjna

2021 ◽  
pp. 193-212
Author(s):  
Aleksander Jakubowski
Keyword(s):  
Spatial Data ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Legal Basis ◽  
Functional Interpretation ◽  
Administrative Procedure ◽  
Procedure Code ◽  
System Functioning ◽  
Section Viii ◽  
Council Of Ministers

This article presents the analysis of the legal aspects of administrative systems for reporting problems and ideas using maps (geolocation – spatial data) via the Internet. As part of the analysis of such systems, the 19115 system functioning in Warsaw was presented in detail. In the article, the legal regulation of the 19115 system which is of an intra-organizational character was referred to the provisions of generally binding laws – Section VIII of the Code of Administrative Procedure and the Regulation of the Council of Ministers of 8 January 2002 on the organization of receipt and processing of complaints and requests. The research confirmed that the functional interpretation of these laws leads to the conclusion that the systems at issue are generally consistent with them. The problems and ideas submitted by residents through such systems should be treated as requests within the meaning of the Code of Administrative Procedure. However, in order to avoid doubts and practical difficulties, it is advisable to amend Section VIII of the Administrative Procedure Code and the Regulation of the Council of Ministers of 8 January 2002 on the organization of the receipt and processing of complaints and requests in accordance with the submitted de lege ferenda conclusions. They assume, inter alia, the introduction of an explicit legal basis for establishing such systems.

scholarly journals Balancing International Police Cooperation: INTERPOL and the Undesirable Trade-off Between Rights of Individuals and Global Security

2020 ◽  
Author(s):  
Giulio Calcara
Keyword(s):  
Procedural Justice ◽  
Legal Authority ◽  
Legal Basis ◽  
International Organisations ◽  
Complex State ◽  
Criminal Justice Systems ◽  
Global Constitutionalism ◽  
The Media ◽  
State Of Affairs ◽  
International Police Cooperation

Abstract With 194 members, INTERPOL is the most influential actor in matters of transnational policing. Regrettably, the organisation is vulnerable against cases of misuse. Certain states manage to exploit the tools of the organisation, to persecute and track political dissidents or non-aligned members of the media outside their borders. As such, INTERPOL has become a prime example on how non-democratic countries can exert their influence and expand their reach well beyond their domestic jurisdictions via their participation in international organisations. Not wanting to allow the proliferation of criminal havens in certain regions, the organisation has opted to connect with and bring together as many police forces of different states as possible. Evidently, such connections are created with little or no consideration of the state of criminal justice systems and forms of government of the countries involved, as well as any subsequent risks. Such a complex state of affairs demands a thorough reflection on whether it is acceptable to compromise between the need for security and the rights of individuals and procedural justice. The issue has vast legal and practical ramifications, and it is ultimately a question pertaining to the realm of global constitutionalism. Does INTERPOL have the legal authority to be in charge of finding a balance between security and procedural justice? If so, on what legal basis, and to what extent?

scholarly journals A CONDUÇÃO EFICIENTE DE UM PROCESSO ADMINISTRATIVO DISCIPLINAR COMO APOIO À GESTÃO PÚBLICA

2021 ◽  
Vol 5 (1) ◽  
pp. 01-11
Author(s):  
Fernanda Doria ◽  
Francislaine de Almeida Coimbra Strasser ◽  
Fábio Ferreira Morong
Keyword(s):  
Public Administration ◽  
Public Management ◽  
Social Practices ◽  
Legal Basis ◽  
Disciplinary Infractions ◽  
The Public ◽  
Administrative Procedure ◽  
The Social ◽  
Deductive Method ◽  
Unnecessary Procedures

The article under the auspices of studies aims to elucidate issues pertinent to the Disciplinary Administrative Process (PAD), and an existing disparity with the Inquiry instrument, in order to conceptualize them as connected and opposing spheres. Therefore, the resolution of the project fails to comply with the search for an analysis of the effectiveness, importance and legal basis of the administrative instruments, considering the current legislation, jurisprudence and corresponding doctrines, in order to avoid formation of processes that present defects and nullities, being -the so-called unnecessary to public management. It was possible to obtain by design that the duty of managers in investigating disciplinary infractions, transcends the mere opening of the appropriate administrative procedure. This is because in addition to being associated with public management, the operator must maintain conduct in compliance with constitutional principles, in opening and judging unnecessary procedures. In a conclusive way, it appears that the Public Administration cannot, as an employer, relieve available absences practiced by its employees, even though its labor expression is of enormous quality. The resulting understanding promotes, finally, the opening of such procedures only when based on elements that make their continuity and useful completion essential, in order to satisfy Management's aspirations and desires. Thus, to encourage the study, the applied precept will be the deductive method and the dialectical hermeneutics, starting from a generalization to a particularized question, with the intention of considering the social practices, in the Administrative-Legal scope, in order to explore the means that use the Administration, to stigmatize its administrators.

scholarly journals Dyrektywa jako podstawa prawna decyzji administracyjnej

Prawo ◽  
2017 ◽  
Vol 322 ◽  
pp. 45-60
Author(s):  
Paweł Majczak
Keyword(s):  
Member State ◽  
Decision Problem ◽  
Public Authority ◽  
Legal Basis ◽  
The Public ◽  
Administrative Procedure ◽  
Procedure Code ◽  
Considerable Impact ◽  
The Republic ◽  
Universal Law

Directive as the legal basis of the administrative decisionAn administrative decision is the goal of the administrative procedure. In accordance with the rule of law’s principle expressed in the article 7 of The Constitution of the Republic of Poland: „The organs of public authority have to function on the basis of, and within the limits of the law”. This principle, which has been also confirmed in article 6 of Administrative Procedure Code, is inextric­ably connected with the necessity of the legal basis of the administrative decisions, which may be the only binding universal law provisions. It seems to be reasonable that they have the rank of en­actment. Considerable impact on the legal basis for the administrative decision is as well European Union’s law. Directive is one of the European Union’s secondary law and binds, as to the result to be achieved, upon each Member State to which it is addressed. Directive requires proper implemen­tation to national law’s system and native rules, which were a part of its transposition, become legal basis of administrative decision. Problem appears when the Member State breaches the term of the implementation or have the directive inaptly implemented. It is appropriate to assume that as long as the public authority is not disposing national law’s norm, which transposes directive and as well as it is not able to use union-friendly interpretation, public authority will not have the competence to adjudicate administrative cases.

scholarly journals On what Authority? In Search of a Legal Authority for Government Facilitation of "Media Ride-Along" Programmes and the Privacy Harm they Cause

2021 ◽  
Vol 52 (1) ◽  
pp. 113-136
Author(s):  
Jessica MacPherson
Keyword(s):  
Significant Risk ◽  
Government Agencies ◽  
Legal Authority ◽  
Legal Basis ◽  
The Media ◽  
Legal Justification ◽  
Privacy Breaches ◽  
Production Company ◽  
Related Harm

Whether it be through the tort of privacy or the Broadcasting Standards Authority, involuntary subjects of reality journalism have suffered sufficient harm at their inclusion to take legal action against the media. Utilising the TV series Border Patrol as a case study, this article looks at the role that government agencies play in facilitating this harm, rather than the media which produce and broadcast these programmes. The tort of privacy is adopted in this article as a framework to examine and establish the significant risk of privacy-related harm in this area. Following the proposition that the state must act under legal authority, it is argued that government agencies must have a clear legal basis for permitting production companies to enter and film passengers in the controlled border space, particularly given the high risk of privacy breaches. There does not appear to be any legal justification or authority for facilitating access to this space. Given these agencies' public assurances regarding transparency and privacy, they should identify and publicise this legal basis, alongside documentation of their interaction and co-operation with the media production company.

Hämophiliebehandlung als ganzheitliches Konzept der Patientenversorgung

2012 ◽  
Vol 32 (S 01) ◽  
pp. 25-S28
Author(s):  
H. Rott ◽  
G. Kappert ◽  
S. Halimeh
Keyword(s):  
Health Insurance ◽  
Effective Treatment ◽  
International Research ◽  
Statutory Health Insurance ◽  
Interdisciplinary Team ◽  
Legal Basis ◽  
University Hospitals ◽  
Innovative Treatment ◽  
Social Law ◽  
Treatment Concepts

SummaryA top quality, effective treatment of haemophilia requires an integrated therapeutical concept and an excellent cooperation of an interdisciplinary team. Since years different models are discussed in Germany in order to enlarge the offers for a suitable care of patients with hard to treat diseases. The healthpolitical targets are expressed in the changes of the Code of Social Law number V (SGB V) and in innovations in the statutory health insurance. This new legal basis provides opportunities to implement innovative treatment concepts outside university hospitals and paves the way for ambulant haemophilia centres to offer an integral care, all legally saved by a contract.The Coagulation Centre Rhine-Ruhr reveals as an example how haemophilia treatment in accordance with guidelines and with the latest results of international research can be realise in an ambulatory network.

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