Is it still possible to criticise the Council of State?

2021 ◽  
pp. 49-63
Author(s):  
Pascal Richard
Keyword(s):  
2015 ◽  
Vol 166 (4) ◽  
pp. 238-245
Author(s):  
Willi Zimmermann ◽  
Kathrin Steinmann ◽  
Eva Lieberherr

Annual review of Swiss forest policy 2014 Swiss forest policy in 2014 was marked by the passage of the Federal Council's message and draft of an amendment of the Forest Law, which was also treated by the Council of State's Commission for Environment, Spatial Planning and Energy and by the Council of State itself. This revision affects more than 20 articles of the current Forest Law. Despite these numerous alterations, the revision has not caused major debates. The forest-relevant parliamentary interventions decreased drastically in 2014, but since the beginning of 2015 a countertrend is notable. The forest budget remained practically the same as in previous years. The number of federal court decisions in relation to the forest sector has stayed small. Yet there are increasingly significant cantonal court decisions in this domain. In terms of broader forest policy, the public administration has mainly undertaken new standpoints regarding spatial planning and energy policies.


Itinerario ◽  
2009 ◽  
Vol 33 (2) ◽  
pp. 17-27 ◽  
Author(s):  
Már Jónsson

On 2 January 1625, the English ambassador Robert Anstruther met with King Christian IV of Norway and Denmark and requested his participation in a union of Protestant states against Emperor Ferdinand II and the Catholic League in Germany. Within three days, King Christian proposed to contribute five thousand soldiers for one year, as part of an army of almost thirty thousand men. In early June, despite opposition from the Danish Council of State, reluctant to put a huge amount of money into foreign affairs, Christian decided to join what he called “the war for the defence of Lower Saxony”. He then headed an army of mercenaries southwards through Lower Saxony, secured all crossings over the river Weser and prepared to confront the Catholic forces. On 29 November, it was decided that Denmark would be in charge of military operations in Northern Germany, whereas England and the United Provinces would provide a monthly subsidy. The political and military prospects for Denmark were excellent, to say the least. It had the fourth strongest navy in Europe (after Spain and the two new allies), and only a few years before the Danish warships had been described by a French observer as “merveilles de l'océan”. A small standing army of two regiments had recently been established and Denmark was the fourth European state to do so after France, Spain and the neighbouring Sweden.


Prawo ◽  
2020 ◽  
Vol 328 ◽  
pp. 97-108
Author(s):  
Dorota Wiśniewska

Remarks on the problems associated with the inculturation of the Napoleonic Code in the Kingdom of Poland — doubts concerning Article 530A serious problem can arise when a society has to deal with regulations not adapted to its internal relations, regulations that have been imposed on that society. Such a situation occurred in Poland in the early nineteenth century in connection with the introduction of the Napoleonic Code within the territory of the Duchy of Warsaw. This generated a lot of controversy, not only among members of the Council of State, but also among wealthy and lesser nobility as well as Catholic clergy. The state was characterised by numerous remnants of feudalism. The conditions, when it came to both social and economic relations, were different than those in France. Consequently, the provisions of the Code referring to property were not fully applicable in practice. After the fall of the Duchy of Warsaw the Napoleonic Code remained in force in the Kingdom of Poland and the Free City of Kraków. However, it still had many opponents in the Kingdom of Poland. In the end there emerged a concept of reform of property law, with one of its points being a change in the provisions guaranteeing inferior owners a possibility of redeeming their obligations. Such a right was guaranteed by Article 530 of the Code, which could lead to dominium utile or inferior ownership being transformed into dominium plenum or full ownership. A draft amendment was prepared by the Legislative Deputation and then adopted by the parliament on 13 June 1825. The inculturation of the Code in the Kingdom of Poland, a country on a lower level of socio-economic development than France, was doomed to failure. While in the Duchy of Warsaw the Napoleonic Code was fictitiously used in practice, as it were, in the Kingdom of Poland legislative work was undertaken to change civil law and adapt it to the conditions in the country. Bemerkungen zu den Problemen der Inkulturation des Code Napoléon im Königreich Polen — Fragen vor dem Hintergrund des Art. 530Das Aufzwingen der Gesellschaft der Vorschriften, die den dort herrschenden Verhältnissen nicht entsprechen, kann ein wesentliches Problem darstellen. Gerade mit dieser Situation hatte man auf polnischen Gebieten am Anfang des 19. Jahrhunderts im Zusammenhang mit der Einführung des Code Napoléon im Warschauer Herzogtum zu tun. Diese Maßnahmen weckten viele Kontroversen nicht nur unter den Mitgliedern des Standesrates, sondern auch des vermögenden und mittleren Adels sowie der katholischen Geistlichkeit. Den Staat charakterisierten zahlreiche feudale Überreste. Es herrschten dort andere als in Frankreich sowohl soziale, wie auch wirtschaftliche Verhältnisse. In der Folge fanden die Vorschriften des Gesetzbuches betreffend das Sachenrecht keine vollständige Anwendung in der Praxis.Nach dem Fall des Warschauer Herzogtums bewahrte das Code Napoléon die Kraft auf den Gebieten des Königreiches Polen und der Freistadt Krakau. Im Königreich Polen hatte es jedoch weiterhin viele Gegner. Letztendlich klärte sich die Konzeption einer Reform des Vermögensrechtes und ein ihrer Punkte war die Änderung der Vorschriften, die die Möglichkeit des Rückkaufs der Obliegenheiten durch die unterliegenden Eigentümer garantierten. Dieses Recht sicherte Art. 530 des Code Napoléon zu, dessen Geltung zur Umwandlung des unterstellten Eigentums in ein volles Eigentum führen könnte. Der Entwurf der Novellierung wurde von der Rechtsgebenden Deputation vorbereitet und dann durch das Parlament am 13. Juni 1825 beschlossen.Der Inkulturationsprozess des Gesetzbuches im Königreich Polen, einem Staat, der auf einer niedrigeren Ebene der sozial-wirtschaftlichen Entwicklung als Frankreich stand, war zu einer Niederlage verurteilt. Obwohl im Warschauer Herzogtum eine Fiktion der Anwendung des Code Napoléon in der Praxis angenommen wurde, so unternahm man im Königreich Polen legislatorische Arbeiten mit dem Ziel der Änderung des Zivilrechtes und seiner Anpassung an die im Lande herrschenden Verhältnisse.


Author(s):  
Gürsel Özkan

In terms of administrative sanctions, application of the more favorable law means that when the law in force the time an act was committed and a law subsequently brought into force is different, the law which is more favorable should be applied. EHRC states that applying more stringent punishment to an offender on the grounds that more stringent punishment was in force when the time criminal offence was committed. Misdemeanors have been considered within the scope of criminal law by the Constitutional Court and the Constitutional Court accepts that the principle of the application of the more favorable law should be applied to misdemeanors. Danıştay (the Turkish Council of State) decides that “it should be take into account in terms of administrative sanctions, when a law which is the ground of punishment is set aside or more favorable law is brought into force”. Since administrative acts are reviewed during annulment cases, a law brought into force after an administrative act cannot affect the act retrospect. A law which is enters into force after an administrative act established, could set up a rule which has retrospective affect only if the rule clearly is an amnesty. After an administrative fine is imposed, applying criminal law principals to administrative law and administrative sanctions, in other words, rendering decision of annulment on the ground of the principle of the more favorable law betrays the trust on judicial bodies and law.


1983 ◽  
Vol 26 (4) ◽  
pp. 831-844 ◽  
Author(s):  
Pamela Pilbeam

France has always envied Paris. A popular interpretation of the history of France has been of conflict between the capital and the provinces in which Paris was the victor, at least from the establishment of the system of intendants by Louis XIV in the late seventeenth century. Radical Paris took the lead in the revolutionary upheavals of the 1790s, in 1830, 1848 and 1870–1. The conflict of the 1790s produced civil and foreign war and led to an even greater domination by Paris through the centralizing policies of Napoleon Bonaparte as military dictator. Under his rule and subsequently, all officials - civil, judicial, military, religious and educational - were appointed by the government in Paris. The Council of State was a corner-stone of this policy in the capital, the departmental prefect in the provinces. In 1830 the results of the July Days were acceptable on the whole to the French; but in 1848 provincial France roundly rejected the radical social revolution favoured by intellectuals and artisans in Paris; in 1871 the Commune of Paris was virtually isolated in its decentralizing and social-reforming ambitions and suffered bloody defeat at the hands of the regular army. Apparently, then, 1830 was the last, and perhaps only, time in the nineteenth century that ‘Paris led, France followed.’ Was 1830 so unique, and if so, why? The Revolution of 1830 was unquestionably Parisian, in that events in the capital determined the timing and location of acts of significant revolutionary violence and in that the major political and administrative changes which followed the revolution were enacted in Paris. Should one therefore assume that the provinces were passive, that they had little impact on events? This revolution may neatly illustrate the success with which Louis XIV, Napoleon and others had centralized France, but that conclusion needs to be based on evidence, not assumption. The most recent complete analysis of the revolution concentrated on Paris, but also delineated some aspects of provincial unrest in 1830, making use of the local studies written for the centenary of the revolution. Some provincial and departmental histories describe the events of 1830 and their local impact.


2021 ◽  
Vol 11 (2) ◽  
pp. 219-242
Author(s):  
Muriel Lightbourne

Recent developments in the field of European law, in relation to subject-matter consisting of living material, raise a string of basic issues as to the legal qualification of certain techniques used in agriculture and medicine, such as CRISPR-Cas9, and regarding their appraisal under European patent law. The present article reviews a series of decisions, including the decision of the Court of Justice of the European Union in case C-528/16, the decision issued on 7 February 2020 by the French Council of State and the Opinion of the European Patent Office Enlarged Board of Appeal of 14 May 2020 on Referral G 3/19.


Author(s):  
Anna Müller

This article looks at a select number of biographies of Władysław Gomułka—an important postwar Polish politician, who because of his long presence in politics is often perceived as the de facto Polish postwar leader. He served in multiple roles: parliamentary deputy, deputy prime minister, minister, member of the Council of State, and the First Secretary of the communist party. I argue that for historians who take up the task of writing his biography, Gomułka is more than a historical figure, and that writing about him allows them to ponder the question of agency and historical contingencies, as well as the meaning of the past for the present. Not surprisingly, Gomułka’s biography serves as a form of a meta-commentary on contemporary approach to the Communist history and its place in Polish history. The existing biographies contain reflections, even if indirectly, on the nature of Communism in Poland, not as elements of the past but as aspects of the present that loom over the future. By the same token, the lack of interest in Gomułka at certain important historical junctures, or a rather selective interest, indicates not as much a lack of interest in an important politician, but rather a certain skewed interest in Communism—not just its shortcomings, but also its potential benefits. The silence gives a certain perception of Communism as something pushed to the margins.


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