Protecting Public Interest in Financial Crisis

2016 ◽  
Vol 14 (1) ◽  
pp. 19-32
Author(s):  
Bojan Škof ◽  
Matej Pollick ◽  
Aleš Kobal
Keyword(s):  
Financial Crisis ◽  
Financial Institutions ◽  
Public Interest ◽  
Financial Services ◽  
The European Union ◽  
International Organisations ◽  
Social Reforms ◽  
The Public ◽  
Definition Of ◽  
The International Monetary Fund

The financial crisis has been ongoing from beginning of year 2008 and we still have not reached a point of recovery throughout the European Union. Many European countries, such as Greece, Portugal, Ireland, Spain and Cyprus, received the financial help of international organisations (notably the International Monetary Fund, the European Central bank and the European Commission). Taking into account the public interest as the ultimate goal and objective of the system-wide reforms arising from the start from the financial institutions, namely banks and other financial institutions, it is important to analyse whether the wide economic and social reforms which are still reshaping the democratic setup of these countries really met the public interest objectives. Thus, this article deals with first and foremost the definition of public interest in financial services.

scholarly journals The Principle of Sustainable Development as the Basis for Weighing the Public Interest and Individual Interest in the Scope of the Cultural Heritage Protection Law in the European Union

2021 ◽  
Vol 13 (7) ◽  
pp. 3985
Author(s):  
Adam Kozień
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Cultural Heritage ◽  
Public Interest ◽  
Legal Protection ◽  
Individual Interest ◽  
The European Union ◽  
European Union Law ◽  
Environmental Aspect ◽  
The Public

The concept of sustainable development is widely used, especially in social, environmental and economic aspects. The principle of sustainable development was derived from the concept of sustainable development, which appears in legal terms at the international, EU, national and local levels. Today, the value of cultural heritage that should be legally protected is indicated. A problematic issue may be the clash in this respect of the public interest related to the protection of heritage with the individual interest, expressed, e.g., in the ownership of cultural heritage designates. During the research, scientific methods that are used in legal sciences were used: theoretical–legal, formal–dogmatic, historical–legal methods, as well as the method of criticism of the literature, and legal inferences were also used. The analyses were carried out on the basis of the interdisciplinary literature on the subject, as well as international, EU and national legal acts—sources of the generally applicable law. Research has shown that the interdisciplinary principle of sustainable development, especially from the perspective of the social and auxiliary environmental aspect, may be the basis for weighing public and individual interests in the area of legal protection of cultural heritage in the European Union. It was also indicated that it is possible in the situation of treating the principle of sustainable development in terms of Dworkin’s “policies” and allows its application not only at the level of European Union law (primary and secondary), but also at the national legal orders of the European Union Member States.

Technische Universitaät Darmstadt v. Eugen Ulmer KG

2015 ◽  
Vol 109 (1) ◽  
pp. 161-167
Author(s):  
Anne-Marie Carstens
Keyword(s):  
Intellectual Property Rights ◽  
Public Interest ◽  
The United States ◽  
Fair Use ◽  
The European Union ◽  
The Public ◽  
Court Of Justice ◽  
International Attention ◽  
International Obligations ◽  
Mass Digitization

In Technische Universität Darmstadt v. Eugen Ulmer KG, the Court of Justice of the European Union (ECJ or Court) addressed several important copyright issues stemming from a practice that continues to confound many legal practitioners and adjudicators: the mass digitization of library collections. The judgment adds to an emerging body of jurisprudence decided in the context of a trend toward greater digitization that could ultimately facilitate the development of a global, digital library. To date, the jurisprudence has largely been formed by cases challenging mass digitization that are percolating through the United States courts and have attracted international attention and criticism. The ECJ decision thus provides an important point of reference for evaluating how different jurisdictions balance the rights of authors against the public interest, as served by relevant fair use exceptions consistent with their international obligations under traditional copyright treaties, the 1996 WIPO Copyright Treaty, and the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) applicable to all WTO member states.

Human rights restrictions during the COVID-19 pandemic in Poland and Russia. Legal and comparative aspects

2021 ◽  
Vol 2(24) ◽  
pp. 323-340
Author(s):  
Marta Pietras-Eichberger
Keyword(s):  
Public Health ◽  
European Union ◽  
Human Rights ◽  
Public Interest ◽  
The European Union ◽  
Human Rights Law ◽  
The Public ◽  
Safety And Health ◽  
Research Problems ◽  
The Impact

The study analyzed selected issues related to the scope of human rights and freedoms during the COVID-19 pandemic in Poland and Russia. The author wanted to compare the regulations issued by a Member State of the European Union and a country outside the European Union, often using undemocratic methods of exercising power. The work focuses on research problems related to the principles of protection, the confrontation of individual interests with the public interest, and the impact of the regimes introduced during the COVID-19 pandemic on human rights law in both countries. The thesis of the study is that in the event of a threat to public health, analogous restrictions on human rights are introduced both in an undemocratic country and in a country belonging to international structures identifying with democratic values. The state of the COVID-19 pandemic has exposed, and in some area even contributed to the creation of mechanisms reserved for crisis situations, posing a direct and real threat to public safety and health.

scholarly journals LIFE-CYCLE HYPOTHESIS OF HYBRID SUKUK

JURISDICTIE ◽  
2020 ◽  
Vol 10 (2) ◽  
pp. 137
Author(s):  
Luthvia Moonda
Keyword(s):  
Economic Growth ◽  
Life Cycle ◽  
Financial Institutions ◽  
Financial Services ◽  
Net Present Value ◽  
Vital Role ◽  
Muslim World ◽  
Present Value ◽  
The Public ◽  
Life Cycle Hypothesis

The development of financial system recently has been contributing to the economic growth of the nation. Its vital role helps many financial institutions to advance their financial services, particularly in investment systems such as Sukuk. As seen in recent years, the involvement of Sukuk in many industries ranging from sovereigns to corporates for both Muslim and non-Muslim world companies. Although its popularity increases, it seems to be widely accepted that the insufficient structures of Sukuk become a big challenge to serve the public needs to be in compliance with Shari’ah principles. In an attempt to fulfil many financial companies in issuing Sukuk and the needs of the Muslim world, this study aims to provide the new structure of Sukuk. The study proposes a design of securitization by combining two contracts of Sukuk into one Sukuk structure. The constructed idea will use a model of life cycle hypothesis to support the Sukuk issuing companies in maintaining their incomes. It also explains the cycle cash flow and asset movement as well as the calculation of Net Present Value (NPV) of the project.

Administrative Contracts in Serbian Law – Specificities of the New Statutory Regime

2020 ◽  
Vol 45 (1) ◽  
pp. 1-35 ◽  
Author(s):  
Marija Karanikić Mirić ◽  
Tatjana Jevremović Petrović
Keyword(s):  
Public Interest ◽  
Case Law ◽  
Practical Experience ◽  
The Public ◽  
Administrative Procedure ◽  
Public Purpose ◽  
General Rules ◽  
Rules And Principles ◽  
Private Entity ◽  
Definition Of

The subject of this paper is the special legal regime for administrative contracts under the recently enacted Serbian Law on General Administrative Procedure of 2016. We offer a comprehensive analysis of the new statutory rules, and examine their relationship to the general rules and principles of Serbian contract law. In addition, we identify the main shortcomings of the new regime, especially in the context of the lack of any statutory, scholarly and judicial typology of administrative contracts in Serbia. Furthermore, we highlight the lack of references to the notions of public interest, public purpose or public needs in the statutory definition of administrative contracts. This is cause for concern, since only the need to protect the public interest could justify the new statutory provisions, which significantly improve the contractual position of a public body as a contracting party in relation to the position of a private entity as the other party in administrative contracts. There is as yet no case law pertaining to administrative contracts in Serbia. This is why we turn to practical experience in the Croatian legal system, which is sufficiently similar and historically connected to Serbia via a shared Yugoslav heritage. We also consider German and French legal models, since they traditionally serve as comparative points of reference for Serbian legal scholars, judges and law makers.

8. Referendums

UK Politics ◽  
2021 ◽  
pp. 171-191
Author(s):  
Andrew Blick
Keyword(s):  
Direct Democracy ◽  
Local Level ◽  
The European Union ◽  
The Public ◽  
Key Features ◽  
Definition Of ◽  
The Uk ◽  
The Relationship ◽  
Theoretical Considerations ◽  
Political Decisions

This chapter starts with a definition of the term ‘referendum’. A referendum is a means of involving the public in political decisions via voting on specific issues such as leaving the European Union. The chapter focuses on the use of referendums at the local level. It sets out the key features of a referendum. Who is allowed to vote in referendums? What sort of questions are put to voters? Under want circumstances should a referendum take place on specific issues? What are the risks associated with holding a referendum? The chapter also looks at regulations surrounding referendums in the UK. The theoretical considerations that the chapter examines are the fact that a referendum subject tends to be controversial, the relationship between referendums and direct democracy and the implications of the results.

Administrative Procedure and Judicial Review in China

2021 ◽  
pp. 44-46
Author(s):  
Xiaowei Sun
Keyword(s):  
Public Interest ◽  
Judicial Review ◽  
Global Market ◽  
The State ◽  
International Standards ◽  
Administrative Litigation ◽  
The Public ◽  
Administrative Procedure ◽  
Definition Of ◽  
Direct Applicability

This chapter focuses on administrative procedure and judicial review in China. Despite its willingness to adapt to the rules of the global market, China does not accept the direct applicability of international standards in administrative litigation. Judicial review of administration is based on a set of legislative texts and judicial interpretations by the Supreme People's Court. Among these texts, the Administrative Litigation Law regulates the judicial review of administrative acts. There are two lists in its chapter concerning the scope of judicial review: one includes the administrative acts that are open to judicial review, another the acts that are not reviewable. In any case, it is up to the courts to examine the following two combinations of criteria: the degree of the seriousness of the infringement with the definition of the state interest and that of the public interest; and the degree of procedural breach with the definition of the real impact on the rights of the plaintiff. According to Article 76 of the ALL, in the case of annulment and/or declaration of unlawfulness of an administrative act, a court may order the administration to take measures to compensate the damage inflicted on the plaintiff.

Whistle-Blowing

2016 ◽  
Keyword(s):  
Financial Institutions ◽  
Public Interest ◽  
Original Form ◽  
Whistle Blowing ◽  
The Public ◽  
Pension Schemes ◽  
Unfair Dismissal ◽  
Key Concepts ◽  
Statutory Protection ◽  
Employment Legislation

The principal focus of Chapter 19 is on the statutory protection from victimization of employees and other ‘workers’ who disclose information in the public interest under the provisions introduced into employment legislation by the Public Interest Disclosure Act 1998. It describes the purpose and scheme of the provisions (in their original form and as amended in 2013), and explains key concepts such as ‘protected disclosure’, ‘qualifying disclosure’ and ‘worker’. It then outlines the procedures and remedies applicable in the event of unfair dismissal or subjection to detriment for making a protected disclosure. How the legislation works in practice is illustrated by reference to cases decided in employment tribunals, the Employment Appeal Tribunal, and the higher courts. The chapter also takes a brief look at whistle-blowing duties imposed on auditors and actuaries of financial institutions and persons involved in administering pension schemes following the BCCI and Maxwell affairs in the 1990s.

Article 19 Notification obligation regarding rectification or erasure of personal data or restriction of processing

2020 ◽  
Author(s):  
Gloria González Fuster
Keyword(s):  
Public Interest ◽  
Personal Data ◽  
Historical Research ◽  
Information Communication ◽  
The Public ◽  
Right To Be Forgotten ◽  
Definition Of ◽  
Data Subject

Article 4(9) (Definition of ‘recipient’); Article 12 (Transparent information, communication and modalities for the exercise of the rights of the data subject); Article 16 (Right to rectification), Article 17(1) (Right to erasure (‘right to be forgotten’)); Article 18 (Right to restriction of processing); Article 58(2)(g) (Powers of supervisory authorities); Article 89(3) (Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes).

37. Absolute grounds for refusal

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
Public Policy ◽  
Trade Mark ◽  
The European Union ◽  
Bad Faith ◽  
Trade Marks ◽  
The Public ◽  
The Absolute ◽  
Definition Of ◽  
Absolute Grounds For Refusal ◽  
Trade Mark Registration

This chapter examines the ‘absolute’ grounds for refusing to register a trade mark as set out in section 3 of the Trade Marks Act 1994, Article 3 of the Trade Marks Directive, and Article 7 of the European Union Trade Mark Regulation (EUTMR). It first looks at the reasons for denying an application for trade mark registration before analysing the absolute grounds for refusal, which can be grouped into three general categories: whether the sign falls within the statutory definition of a trade mark found in sections 1(1) and 3(1)(a) and (2) of the Trade Marks Act 1994; whether trade marks are non-distinctive, descriptive, and generic; and whether trade marks are contrary to public policy or morality, likely to deceive the public, prohibited by law, or if the application was made in bad faith. Provisions for specially protected emblems are also considered.

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