Competitive Jurisdictions of Local Administration Authorities and Notaries for the Certification Purposes in Montenegro

2021 ◽  
Vol 19 (3) ◽  
pp. 439-459
Author(s):  
Velibor Korać
Keyword(s):  
Legal System ◽  
Public Interest ◽  
Local Administration ◽  
Legal Certainty ◽  
Public Authorities ◽  
Political Reason

With the adoption of the new Law on Certification of Signatures, Manuscripts and Transcripts the Montenegrin legislator did not take into account the fact of introducing the notary services into the legal system of Montenegro. Unlike most of the comparative legislations, certification of signatures, transcripts and manuscripts have not been transferred to the exclusive competence of notaries, but a competitive competence of notaries, local administration authorities and the courts in carrying out these assignments has been retained. Further retention of competitive jurisdiction in this matter is not justified any more. The analysis of this decision has shown that it leads to an unequal position, depending on the authority before which the certification is performed, whereas the obligations and professional competences of officials and notaries are different. Notarial certifications contribute to greater legal certainty and besides are more available to the citizens and not more expensive. Parallel jurisdiction is not a standard of notarial services in European continental law which has adopted the Latin model of notary as a independent profession having public authorities. This solution does not lead to building a legal certainty, protection of public interest and relieving the work of courts and administrative authorities, which has been the underlying legal political reason for introducing notariat.

Is It Possible to Overrule a Constitutional Precedent in the Egyptian Legal System?

2021 ◽  
pp. 1-27
Author(s):  
Islam Ibrahim Chiha ◽  
Abdel Hafiz el-Shimy
Keyword(s):  
Public Opinion ◽  
Legal System ◽  
Fundamental Rights ◽  
Conservative Approach ◽  
Legal Certainty ◽  
Public Authorities ◽  
Legal Principles ◽  
Constitutional Protection ◽  
Fundamental Rights And Freedoms

Abstract This article examines the constitutionality of the Egyptian Supreme Constitutional Court’s (hereinafter SCC) authority to overrule its prior precedents. The authors argue, contrary to the assertions of the predominant conservative approach in Egypt, that bestowing the SCC with such an overruling power neither violates the Constitution nor undermines fundamental legal principles such as the principles of equality, legal certainty, or the justified expectations of litigants. Indeed, we make the argument that the Court’s ability to overrule its prior precedents seems to be the most conceivable and plausible way to correct the Court’s past mistakes or inaccuracies. We finally claim that endowing the court with such overruling power enhances the constitutional protection of fundamental rights and freedoms and strengthens the Court’s credibility not only via other public authorities, but also via public opinion.

Is the Infringement of a Treaty a Fault?

2020 ◽  
Vol 11 (1) ◽  
pp. 37-56
Author(s):  
Françoise Auvray
Keyword(s):  
Direct Effect ◽  
Legal System ◽  
Legal Order ◽  
International Treaties ◽  
Public Authorities ◽  
International Treaty ◽  
National Legal System ◽  
Tort System ◽  
State Liability

AbstractThis contribution deals with the wrongful behaviour of public authorities, in this case in particular the Belgian State, and delves into a challenge that the multi-levelled legal order poses for the national tort system. It inquires how the violation of an international treaty relates to liability in the national legal system. More specifically, the author examines if it is necessary, when dealing with state liability, to limit the concept of fault to the infringements of international treaties with direct effect, excluding the violation of those without such effect.

SEARCHING FOR LEGAL GROUNDS FOR ENTREPRENEURS’ COMPENSATION CLAIMS FOR DAMAGES CAUSED BY RESTRICTIONS ON BUSINESS ACTIVITY IN ORDER TO COMBAT COVID-19 – PART II

2021 ◽  
Vol 1 (XXI) ◽  
pp. 155-172
Author(s):  
Wojciech Papis
Keyword(s):  
Legal System ◽  
Civil Law ◽  
The State ◽  
Business Activity ◽  
Public Authorities ◽  
Compensation Claims ◽  
Legal Grounds

In the second part of the article, the author discusses the procedure for recognizing normative acts as unconstitutional - which is the basis for claiming compensation from the state treasury for damages caused by the application of these unconstitutional normative acts and regulations based on the provisions of substantive civil law. When analyzing the content of the regulations regarding the COVID-19 epidemic, the author reviews the regulations that raise doubts in the doctrine as to their constitutionality. He also notes the inconsistency of these provisions with the legal system. Finally, the problem of possible compensation of the state treasury for damages caused by the legal activities of public authorities is discussed

scholarly journals Atuação das organizações sociais na administração dos serviços de saúde: eficiência e seu instrumento de concretização do direito fundamental a saúde - Action of social organizations in the administration of health services

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Laura Garbini Both ◽  
André Rodrigues Meneses
Keyword(s):  
Social Services ◽  
Public Interest ◽  
Economic Sector ◽  
Public Authorities ◽  
Private Partnership ◽  
The Public ◽  
Social Organizations ◽  
The Subject ◽  
Article 5 ◽  
Percentage Data

<p>O presente trabalho objetiva analisar a atuação, legalidade e eficiência das organizações sociais. Uma vez que, esta tem sido motivo de intensos questionamentos, por parte daqueles que não enxergam benefícios na criação de um terceiro setor econômico. Há quem defenda que, é dever exclusivo do poder público, executar e fiscalizar os serviços sociais. A contrário senso há quem defenda uma publicização dos serviços que não são executados apenas pelo poder estatal, mas também pelo setor privado. Sendo assim, porque contrariar uma parceria publico-privada que só objetiva trazer benefícios para a população brasileira?</p><p>No decorrer deste estudo, será respondido tal questionamento, por meio de reflexões acerca das discussões e alegações de inconstitucionalidade da lei 9.637/98, de parte da lei de licitações ─ 8.666/93. Bem como, da suposta violação dos seguintes preceitos constitucionais: artigo 5ª, XVII e XVIII; artigo 22, XXVII; artigo 23; artigo 37, II, X e XXI; artigo 40, caput e § 4º; artigos 70, 71 e 74; artigo 129; artigo 169; artigo 175; artigo 196; artigo 197; artigo 199, § 1º; artigo 205; artigo 206; artigo 208; artigo 209; artigo 215; artigo 216, § 1º; artigo 218 e artigo 225. Onde será comprovado por meio de dados percentuais a eficiência e os benefícios advindos da sua criação.</p><p> </p><p> </p><p> </p><p>This paper aims to analyze the performance, legality and efficiency of social organizations. Since this has been the subject of intense questions from those who do not see benefits in the creation of a third economic sector. There are those who argue that it is the exclusive responsibility of the public authorities to execute and supervise social services. On the contrary, there are those who advocate an advertisement of services that are not only carried out by state power, but also by the private sector. So, why oppose a public-private partnership that only aims to bring benefits to the Brazilian population?</p><p>In the course of this study, this question will be answered, through reflections on the discussions and allegations of unconstitutionality of Law 9.637 / 98, part of the law of bidding - 8.666 / 93. As well as the alleged violation of the following constitutional precepts: Article 5, XVII and XVIII; article 22, XXVII; Article 23; Article 37, II, X and XXI; article 40, caput and paragraph 4; Articles 70, 71 and 74; article 129; Article 169; article 175; Article 196; article 197; article 199, paragraph 1; Article 205; Article 206; article 208; Article 209; Article 215; article 216, paragraph 1; article 218 and article 225. Where will be proven by means of percentage data the efficiency and the benefits coming from its creation.mptions that justify the use of them with greater efficiency in the achievement of the public interest.</p>

scholarly journals KEPAILITAN BUMN YANG DIMOHONKAN ATAS DASAR HAK – HAK BURUH YANG TIDAK DIPENUHI

2019 ◽  
Vol 3 (1) ◽  
pp. 53-70
Author(s):  
Ardini Octaviarini
Keyword(s):  
Public Interest ◽  
The State ◽  
Labor Rights ◽  
Legal Certainty ◽  
Severance Pay ◽  
Control Regulation ◽  
State Owned Enterprise ◽  
The Law ◽  
The Government ◽  
A Company

BUMN are private corporate entities so that the laws governing Manpower are applicable to Law 13 of 2003. Therefore, the normative rights set forth in Law No. 13 of 2003 must be met by companies for their workers. These normative rights are, among others, when the Bankrupt Company, ie, a one time severance pay under the provisions of Article 156 Paragraph 2, severance pay for a one-time stipulation of Article 156 paragraph 3 and compensation pay pursuant to paragraph 156 4. Where there is labor rights is not fulfilled by a state-owned enterprise, workers may file for bankruptcy in the company, in its qualification as a Preferen creditor. Based on the research, the state-owned enterprises should be clearly stated in a company to protect the company's existing components in case of Bankruptcy, if the State participates, there must be at least 51% of the shares therein, so that the control, regulation and controlling functions performed the government is clear that the company's goals are achieved. It is necessary to have the same meaning / meaning as the state-owned enterprise which is engaged in public interest. Because of Article 2 paragraph 5 of Law No. 37 of 2004 with the explanation is not in line. Article 2 paragraph 5 of the Law on Bankruptcy refers to state-owned enterprises in the field of public interest, while in the explanation states that state-owned all state-owned capital and not divided into shares. Between the contents of the article and the explanation is not synchronized, then the provisions should be mentioned directly Perum, in order to achieve legal certainty.  

scholarly journals THE EVALUATION OF SURROGACY’S LEGAL SYSTEM IN INDONESIA AS COMPARISON TO INDIA’S LEGISLATION

2019 ◽  
Vol 4 (2) ◽  
pp. 167
Author(s):  
Mega Dewi Ambarwati ◽  
Ghina Azmita Kamila
Keyword(s):  
Legal System ◽  
Research Methodology ◽  
Functional Method ◽  
Scientific Field ◽  
Legal Certainty ◽  
Legal Research ◽  
Surrogate Mother

Nowadays, in marriage life, spouse often dealing with big problem as like infertility which make them unable to have offspring. However, due to infertility, the spouse has obtained some efforts to solve their problems. One way to solve the problem is by obtaining surrogacy with the help of surrogate mother. Nevertheless, in Indonesia, especially, surrogacy as well as surrogate mother is still considered to be taboo things and no legal system which regulate the surrogacy and/or surrogate mother. Yet other countries have allowed or legalize the surrogacy practice as well as surrogate mother. Hence, this study aimed to reveal a comparison of legal system on surrogate mother and surrogacy law in Indonesia and India. This study used comparative legal research methodology through the functional method since Indonesia has the same function over the purpose of law establishment on the surrogate mother in India. The result reveals that it needs a legal system on surrogacy and surrogate mother as the legal certainty for any individual especially spouse who could not have offspring along with some reasons such as minimalize prostitution and unregistered marriage, prevent dispute, and to develop scientific field.

scholarly journals LEGAL PROTECTION TO INDIVIDUAL RIGHTS IN LAND PROCUREMENT FOR PUBLIC INTEREST

2017 ◽  
Vol 2 (1) ◽  
pp. 101
Author(s):  
Aartje Tehupeiory
Keyword(s):  
Public Interest ◽  
Legal Protection ◽  
Great Power ◽  
Legal Certainty ◽  
Fair Treatment ◽  
Approach Method ◽  
Control Authority ◽  
The Right ◽  
Land Control

In principle land procurement is done by a method that between the party requiring land and the right owner of land, whose land is required for public interest, under the principle applicable on land control and legal protection provided by the national law on land to the right to the land holders. In the legislation setting forth the land procurement for public interest a fair treatment is given to individual right so the legal protection and certainty for individuals in land procurement can be achieved. However, in the implementation the empirical cases get insufficient protection and fair treatment. There is no balance, equitability and harmony between the state’s right to control and protection to individual’s property right. On one side, the development for public interest is in an urgent need of sufficient lands, but on the other side individuals also need land for their life continuity. If by reason of development, the land is forcefully confiscated, it means ignoring the protection to individual right on land. Consequently, individuals and community get inadequate justice and protection, legal certainty. This writing is intended to analyze the role of legal protection to individual right in land procurement for public interest. By applying the statute approach method, the state’s role in providing legal protection to its citizens can be learnt. In conclusion there is lack of protection and respect to individual right and community provided on proportional basis because the delegation of state’s land control authority gives impression of extremely wide and great power.

Government secrecy: public attitudes toward information provided by the authorities

2015 ◽  
Vol 25 (2) ◽  
pp. 197-222 ◽  
Author(s):  
Johanna Gunnlaugsdottir
Keyword(s):  
Public Interest ◽  
General Public ◽  
National Registry ◽  
Western World ◽  
Public Expenditures ◽  
Freedom Of Information ◽  
Public Authorities ◽  
Content Type ◽  
The Public ◽  
Government Provision

Purpose – The purpose of this paper is to present findings of a survey conducted during 2012 in Iceland with the intent of examining public opinion on government provision of information, i.e. whether the public felt that the authorities withheld information, either about subjects of general public interest or about public expenditures, if the authorities felt there was a reason to do so. Design/methodology/approach – A survey questionnaire was sent in March 2012 to almost two thousand Icelanders. This was a random sample selected from the National Registry. The response rate was almost 67 per cent. The survey was modelled on other research and resources that had examined trust toward public authorities and the influence of Freedom of Information Acts on government information practices. Findings – The survey discovered that the greater part of the citizenry felt that the authorities did keep important information of general public interest secret often or sometimes. Only 2-3 per cent of them believed that this never happened. Most of those surveyed felt as well that important information about public expenditures was often or sometimes withheld. Only 3-5 per cent of the respondents were of the opinion that this never happened. Practical implications – The results could be of value to public authorities that want to improve the provision of information and practice according to freedom of information act. They could also bring varied and valuable opportunities to the profession of records managers as well as others who practice information management. Originality/value – The survey adds valuable information and fulfils a need for a better understanding of what the public believes regarding government provision of information in Iceland. Although the survey is limited to Iceland, these findings may also be of value to public authorities and researchers in the Western World, Australia and New Zealand, to give a few examples where the culture and the practice of government may not be that different, as well as in other countries. The survey can lay the foundation for further research into the field.

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