scholarly journals Alcance de la función consultiva ante una solicitud de revisión de oficio con propuesta desfavorable.

2019 ◽  
pp. 17-52
Author(s):  
José BAUZÁ MARTORELL
Keyword(s):  
The Body ◽  
Legal Certainty ◽  
Administrative Act ◽  
The Individual ◽  
Council Of State ◽  
Open Question ◽  
Principle Of Legality ◽  
The Impact

LABURPENA: Ofiziozko berrikuspenaren teknikaren bitartez, egintza administratibo bat eman duen organoak eraginik gabe utz dezake egintza hori, deuseztasun erradikaleko arrazoiak direla eta; horrenbestez, nahitaezkoa da legezkotasunaren eta segurtasun juridikoaren printzipioen arteko talka neurtzea edo haztatzea. Ebatzi gabeko auzi bat da zehaztea ea, Administrazioak erabateko deuseztasunik ez dela irizten dion kasuetan ere, Estatu Kontseiluaren edo kontsulta-organo autonomikoaren irizpena nahitaezkoa den, eskaria egin duen partikularraren eskubidea delako. Artikulu honetan, aurrez aurreko bi jarrerak aztertzen dira, eta irizpena nahitaezkoa ez dela dioen jarrera aldezten da. ABSTRACT: Conceived as that technique that allows the body that elaborates an administrative act to revoke it on grounds of complete nullity, the institution of the ex officio review requires weighing the impact over the principle of legality and that of legal certainty. An open question is to determine whether in those cases where the Administration considers that nullity is wanting, yet the opinion by the Council of State or autonomic equivalents remains compulsory as a right of the individual petitioner. In this article, two opposing perspectives are analyzed taking sides with the position that considers the opinion not prescriptive. RESUMEN: Concebida como aquella técnica que permite al órgano autor de un acto administrativo dejarlo sin efecto por motivos de nulidad radical, la institución de la revisión de oficio exige ponderar la colisión entre el principio de legalidad y el de seguridad jurídica. Una cuestión no resuelta consiste en determinar si en los casos en que la Administración considera que no existe nulidad de pleno derecho, si aun así resulta preceptivo dictamen del Consejo de Estado u órgano consultivo autonómico porque sea un derecho del particular instante. En este artículo se analizan las dos posiciones enfrentadas, tomando partido por la que considera que el dictamen no es preceptivo.

BIO-LAW AS A NEW GENERATION OF LAW

2021 ◽  
pp. 98-118
Author(s):  
Irina A. Umnova-Koniukhova ◽  
◽  
Irina A. Aleshkova ◽  
Keyword(s):  
Human Nature ◽  
Large Scale ◽  
New Technologies ◽  
Human Condition ◽  
The Body ◽  
Future Generations ◽  
Legal Norms ◽  
The Individual ◽  
New Generation ◽  
The Impact

The development of national and international biotechnology law in the context of new constitutional priorities, threats and challenges to life, public health and safety, is one of the current and yet under-researched topics in the scientific legal literature. Unfortunately, pro-gress in the life sciences is proceeding faster than the legal thinking that should accompany them. Breakthroughs in biology and medicine dictate the corresponding development of law, which today unfortunately lags chronically behind, resulting in gaps and contradictions between existing legal norms. As contemporary researchers have noted, and as is also evident in judicial practice, the issues of regulating the objects of bio-law - the body, life, procreation, self-identification, and ecology - mirror the contradictions of our society. The need to legally regulate the application of biotechnology has led to the formation of bioclaw as a new, integrated set of laws and, in the long term, as a branch of law of a new generation. As a response to the rapid introduction of advances in biotechnology into human life, we believe that bio-law must take into account the benefits and challenges associated with the impact of new technologies on the human body that may fundamentally alter the human condition as a physical individual. In this case, ethical issues, i. e. the requirements of bioethics, lead to a reflection on the content of bioethics in contemporary democracies and legal states. In particular, the introduction of technologies associated with gene editing, cloning, surrogacy, transplantation medicine, sex reassignment surgeries and other interventions into human nature, the consequences of which are not fully understood and threaten the physical and mental health of individuals, can cause irreparable harm to the spiritual, social, moral and ethical foundations of individuals, families, society, states and humanity as a whole. In our opinion, in the next few decades, bio-law will emerge as a global, integrated branch of law that simultaneously incorporates the norms of international law and national law. The main purpose of bio-law as a new branch of law is to counteract the global threat to humanity which consists in the emergence of a trend toward mass, large-scale changes to human nature and its unique natural qualities through the use of biotechnological advances. Therefore, the object of regulation and, accordingly, protection by this branch of law is not only the individual, his or her physical and spiritual health, but humanity as a whole, current and future generations. The uniqueness of bio-law as a new branch of law also lies in the fact that the individual, humanity, present and future generations are both the objects and subjects of law. The integrated nature of bioprinciples is manifested in the close connection of public and private interests with the obvious predominance of the public significance of their legal norms.

Algunas consideraciones sobre la decadencia del principio de legalidad en el Derecho español

2015 ◽  
pp. 209-253
Author(s):  
Ángel GARCÉS SANAGUSTÍN
Keyword(s):  
Economic Crisis ◽  
Institutional Framework ◽  
The Political ◽  
Legal Certainty ◽  
Legal Principles ◽  
Legitimate Expectation ◽  
Written Law ◽  
Principle Of Legality ◽  
The Impact

LABURPENA: Azterlan honek agerian uzten du gure Zuzenbidearen barruko legezkotasunaren printzipioaren krisia eta gainbehera, zeina areagotu egin duten ekonomia-krisiak politikara eta erakundeetara ekarri dituen ondorioek. Beste printzipio batzuk, segurtasun juridikoarena edo legezko konfiantzarena, esaterako, gai dira lege idatzien gainetik ezarrita geratzeko. Printzipio horien izaera orokorrak idatzizko lege baten berezko espezialitateak baino segurtasun handiagoa ekartzen du, azken hori aldaketa etengabe eta azkarren menpean baitago. Hori guztia dela eta, behar-beharrezkoa da gure diziplinaren beste planteamendu bat egitea; izan ere, orain arte legezkotasun-printzipioan eta formalismoan oinarritu izan da. RESUMEN: Este estudio pone de manifiesto la crisis y decadencia del principio de legalidad en nuestro Derecho, agravada por las consecuencias que ha acarreado la crisis económica en el entramado político e institucional. Otros principios jurídicos, como el de seguridad jurídica o el de confianza legítima, emergen con capacidad para imponerse sobre la ley escrita. La generalidad de los principios aporta una seguridad mayor que la especialidad inherente a una ley escrita, sometida a continuas y vertiginosas modificaciones. Todo ello exige un replanteamiento de nuestra disciplina, apoyada hasta ahora en el carácter basilar del principio de legalidad y en el formalismo. ABSTRACT: This study reveals the crisis and decline of the principle of legality in our Law, aggravated by the impact that the economic crisis has resulted in the political and institutional framework. Other legal principles, such as legal certainty and legitimate expectation, emerge with capacity to impose on the written law. The generality of the principles brings greater security to specialty inherent in a law written, subjected to continuous and dizzying change. All of this requires a rethinking of our discipline, supported so far by basilar character of the principle of legality and in the formalism.

scholarly journals The impact of accepting biological changes during adolescence on the severity of depression symptoms

2016 ◽  
Vol 47 (4) ◽  
pp. 394-401 ◽  
Author(s):  
Wioletta Radziwiłłowicz ◽  
Paulina Hrycyk ◽  
Beata Dutczak
Keyword(s):  
The Body ◽  
Depression Symptoms ◽  
Growing Up ◽  
Severity Of Depression ◽  
The Individual ◽  
Late Maturation ◽  
Physical Changes ◽  
The Impact ◽  
Early Late ◽  
Current Stage

Abstract: The aim of the study was to establish whether any relation exists between depression symptoms and the extent to which adolescents accept the changes their bodies undergo (the physical changes they experience at different stages of growing up), and if the connection does exist - is it gender-related. Method: Data were collected from four sub-groups: younger girls (aged 12-13), older girls (aged 17-18), younger boys (aged 12-13), and older boys (aged 17-18). The participants were asked to complete questionnaires that allow to measure the subjective intensity of depression symptoms (BDI), the current stage of biological changes (the Tanner scale) and whether these changes are accepted by the individual who experiences them (the original Feelings Towards the Body questionnaire). Results: The less adolescents accept the changes in their bodies, the higher depression symptoms they demonstrate. For younger girls, older girls and older boys, no links were established between levels of accepting bodily changes and early/late maturation (in comparison with the population of their peers). For younger boys, the later the stage of their development, the less likely they are to accept the changes in their bodies. Girls report more intense depression symptoms than boys do, but their levels of accepting changes that occur around puberty are significantly lower only when compared to those of older boys. Conclusions: Whether biological changes during puberty (mainly feelings of anxiety and shame related to the body) are accepted or not, was proven to be a significant predictor of more intense depression symptoms.

scholarly journals Impact of technogenic dust pollution from the closed mining enterprise in the Amur Region on the ecosphere and human health

2021 ◽  
Vol 6 (1) ◽  
pp. 16-22
Author(s):  
N. K. Rastanina ◽  
K. A. Kolobanov
Keyword(s):  
Environmental Protection ◽  
Human Health ◽  
Natural Environment ◽  
The Body ◽  
Dust Pollution ◽  
Environmental Monitoring System ◽  
Elemental Status ◽  
The Individual ◽  
The Impact ◽  
Impact Of Mining

Environmental protection is a complex ecological and economic problem, including the need to develop and implement a number of environmental protection measures to mitigate the negative impact of mining waste on all natural environment components and human health. In this regard, the study purpose was to assess the impact of Pb, Cd, Cr, and As compounds on the environment and health of the population of the Solnechny miner’s village. Based on the purpose, the following tasks were set: 1) review and systematization of literature data on the problem of technogenic dust pollution; 2) assessment of the mining industrial system as a source of ecosystem pollution with toxic elements within the closed mining enterprises impact areas; 3) development of proposals for mitigating the impact of mining activities on ecosystems and human health. The paper presents the findings of the study of the elemental status of children and adolescents living within the closed town-forming enterprise JSC Solnechny GOK impact area. The relationship between the level of technogenic pollution of the natural environment and the changes in the elemental status of the children was shown. A feature of the elemental status of the children in the study group was high content of heavy metals, including Pb, Cr, and As. Our research confirmed the data that a growing child’s body actively adsorbs compounds of toxic chemical elements. Deficiency and imbalance of microelements in the body can cause ecologically-related diseases in the child population. Individual and population carcinogenic risks (CR) caused by the As, Pb, and Cr pollution were calculated. In accordance with the acceptance criteria for the risk caused by exposure to the pollutants, the individual carcinogenic risk CR (Cr) = 1,05 · 10–3 belongs to the fourth range and is unacceptable neither for the population, nor for occupational groups. This is De manifestis risk, and when it is reached, it is necessary to carry out emergency curative measures to mitigate it. The individual risks CR (As) = 7,05 · 10–4 also exceed the acceptable level for the population. This level of pollution is subject to permanent monitoring, requires development and implementation of planned curative measures to improve the indicators of the human environment, one of which is the organization of the environmental monitoring system in the study area.

scholarly journals ASSESSMENT OF THE CARCINOGENIC RISK FOR THE POPULATION OF ULAN-UDE

2019 ◽  
Vol 98 (1) ◽  
pp. 90-93 ◽  
Author(s):  
N. V. Efimova ◽  
S. S. Khankharev ◽  
Vladimir R. Motorov ◽  
E. V. Madeeva
Keyword(s):  
Drinking Water ◽  
Ambient Air ◽  
Carcinogenic Risk ◽  
The Body ◽  
Social Significance ◽  
Chromium Vi ◽  
The Republic ◽  
Cadmium Lead ◽  
The Individual ◽  
The Impact

Introduction. Oncological pathology has a high medical and social significance, so it is important to study the conditions of its formation. The aim of the study was to evaluate the cumulative carcinogenic risk for the population of the administrative center of the Republic of Buryatia (Ulan-Ude). Material and methods. The identification of the carcinogenic hazard caused by the entry of chemical ingredients into the ambient air was carried out in 2005-2015. The exposure assessment is based on long-term average annual concentrations of carcinogens in the air, drinking water, food. Indices of comparative carcinogenic hazard (HCR) and individual carcinogenic risk (ICR) are calculated. Results. The huge engineering enterprises are sources of several substances with carcinogenic effects (formaldehyde, chrome VI, cadmium, niсkel, epichlorohydrin, etc.).The individual carcinogenic risk for residents of Ulan-Ude is included in the range unacceptable for the general population. The main pathway for chemical agents to enter the body is inhalation (79%). The greatest contribution to the total individual carcinogenic risk on admission from the air was made by formaldehyde, chromium VI and Benz(a)pyrene. Priority carcinogens coming from drinking water and food are arsenic, cadmium, lead. Conclusion. Results of the assessment of individual carcinogenic risk in Ulan-Ude indicate an unacceptable level of the impact on the population. The assessment has a number of uncertainties, which determines the need to further improve the monitoring system for carcinogenic hazards.

scholarly journals Uncovering the Disparities in Educational Attainment across Urban and Rural Locations in Northern Ireland

2018 ◽  
Vol 3 (2) ◽  
Author(s):  
Gemma Cherry
Keyword(s):  
Northern Ireland ◽  
Educational Attainment ◽  
Rural Areas ◽  
Secondary Data ◽  
Multilevel Modelling ◽  
The Body ◽  
Quantitative Methodology ◽  
Educational Inequalities ◽  
The Individual ◽  
The Impact

BackgroundPrevious research investigating the influence of location in young people’s educational development often focus on measuring levels of poverty in urban communities and largely ignores the impact of rural areas and comparisons between urban and rural locations. This research advocates that including urban and rural location variables in research methodologies is imperative to gaining a fuller understanding of educational inequalities. ObjectivesThe aim of this research is to examine the disparities in educational attainment between urban and rural locations in Northern Ireland (hereafter NI) and to identify the possible factors associated with such location disparities. Minimal research efforts have been dedicated to understanding these inequalities and even less attention has been aimed towards explaining them in a NI context. This research aims to fill this gap in knowledge. MethodsA quantitative methodology, incorporating secondary data analysis will be utilised to achieve the research aims. This research will use administrative data provided by ADRC-NI which links the 2011 Census to the School Leavers Survey and School Census. Using GCSE results as a measure of educational attainment, multilevel modelling will be conducted on this data which has a sample size of N = 55,000 pupils. FindingsThe findings of this research will provide information on how much of the variance in pupils’ educational attainment across urban and rural locations is associated with the individual, the school and the location. ConclusionsThis research will add to the body of knowledge surrounding educational inequalities in NI.

Embedding psychological thinking: an evaluation of a regional training model for probation staff

2017 ◽  
Vol 19 (1) ◽  
pp. 37-46 ◽  
Author(s):  
Clare Mapplebeck ◽  
Jo Ramsden ◽  
Mark Lowton ◽  
Sammy Short ◽  
Flora Burn
Keyword(s):  
Workforce Development ◽  
Qualitative Evaluation ◽  
Training Model ◽  
The Body ◽  
Case Vignette ◽  
Future Research ◽  
Content Type ◽  
Development Interventions ◽  
The Individual ◽  
The Impact

Purpose The purpose of this paper is to outline the qualitative evaluation of a training package delivered to offender managers (OMs) working to support the implementation of the national Offender Personality Disorder (OPD) pathway and to examine qualitative changes in the way participants approach case material pre- and post-training. Design/methodology/approach In total, 21 pre- and 21 post-training responses to a case vignette were recorded and used in the analysis. OMs were asked what they would like to know more about and what would they focus on with the individual in the vignette. The responses were matched and the vignettes pre- and post-training were identical except for the name of the (fictional) offender. Findings The responses were subjected to a thematic analysis and, whilst themes were similar both between questions and within each question over time, post-training responses focussed more on the offender’s relationship with the OM and showed a greater appreciation for the relevance of internal motivations (not just what but why). This tendency was less evident in all responses regarding risk/offending. Originality/value The OPD pathway is focussed on learning. The work is innovative and this paper adds to the body of early evidence which will hopefully inform future developments. In particular, the importance of involvement of probation stakeholders in the design and delivery of training is highlighted. In addition, it is expected that future research will focus on the impact of continued supervision for the participants in this study and, as such, this paper forms the beginning of a process of evaluating how and when various workforce development interventions are effective.

scholarly journals The impact of diagnosis on the psychosocial and spiritual needs of the patients

2019 ◽  
Vol 68 ◽  
pp. 02006
Author(s):  
Anna Kralova ◽  
Sona Hlinkova
Keyword(s):  
Two Dimensions ◽  
The Body ◽  
Spiritual Needs ◽  
Psychosocial Needs ◽  
Physical Problems ◽  
Significant Difference ◽  
Life Threatening ◽  
Statistical Program ◽  
The Individual ◽  
The Impact

Introduction: Holistic care focuses on the relationship between the body, mind, and spirit. Spiritual needs are among the basic needs of the individual. From the physical and spiritual dimension and the interaction of these two dimensions, the spiritual needs of the person are developed. Aim:The aim of our study was to analyze if the patient's knowledge regarding their diagnosis and possible proximity of death have significant impact on satisfaction of psychological and spiritual needs. Material and Methods:In our study we used standardized questionnaire The Spiritual Needs Assessment for Patient – SNAP constructed by Sharma Rashmi, applied for 113 respondents and processed by SPSS statistical program. Results:Reliability of questionnaire is given by Cronbach's Alpha 0.945 for the total SNAP. A statistically significant difference at the level p < 0.01 has been confirmed in all questions among respondents with fatal diagnosis and respondents with not life-threatening diagnosis. In domain of psychosocial needs, significant difference was not confirmed regarding to gender, age, education, income, religion and place of residency. In domain of spiritual needs, significant difference was partially confirmed regarding religion in 4 questions from 13. Conclusion:Faced with chronic or fatal diseases, many patients rely on dealing with spiritual and religious issues. In fact, spirituality/religiosity can be considered an important source of support and management of severe chronic diseases. It is possible to identify the four basic dimensions of spiritual need: interconnection, peace, meaning/purpose, and transcendence. Patients often have the problem addressing their needs for related psychosocial and physical problems such as physical disability, fatigue, sleep disorders, side effects of treatment, etc. Importance of satisfaction of psychosocial and spiritual needs is increased in time of threat, fatal diagnosis.

Leader follower perspectives

2021 ◽  
Author(s):  
Emma Abson
Keyword(s):  
Transformational Leadership ◽  
Leadership Styles ◽  
The Body ◽  
Situational Context ◽  
The Individual ◽  
The Impact

As we saw in the previous chapter, classic approaches to understanding leadership all shared the view that leadership is a specialised role – they focused on the individual and, whilst some of these theories looked at what other influences there may be (i.e. the situational context), they did so through the lens of the primary leader, carrying out leadership functions. This then can be seen as their one key limitation – they are leadercentric and don’t tend to recognise followers’ characteristics or initiatives (Uhl-Bien, Riggio, Lowe, & Carsten, 2014). This focus on the ‘heroic leader’ has, over the last 50 years, become increasingly criticised, as researchers began to look at leadership behaviours from a influence perspective, considering the dynamics of the leader-follower behaviours and leadership styles that might influence or change the behaviours of their followers or work subordinates. As Burns (1978) suggested, at this point, we knew a lot about leaders, whilst knowing very little about leadership. The body of work that grew out of such observations was largely concerned with what became known as charismatic and transactional /transformational leadership (Bass, 1985). Here scholars had started to focus on leadership styles – what is it that leaders do that makes them effective – and on the impact the leader has on their followers.

scholarly journals Probability of pregnancy and risk factors of the Ovsynch program and its modification in dairy cows – a review

2018 ◽  
Vol 87 (3) ◽  
pp. 197-204
Author(s):  
Jędrzej M. Jaśkowski ◽  
Jarosław Sobolewski ◽  
Magdalena Herudzińska ◽  
Marcelina Nalaskowska ◽  
Bartłomiej M. Jaśkowski ◽  
...  
Keyword(s):  
Risk Factors ◽  
Dairy Cows ◽  
The Body ◽  
Cycle Phase ◽  
Stage Of Lactation ◽  
Start Up ◽  
Phase Temperature ◽  
Cattle Reproduction ◽  
The Individual ◽  
The Impact

The Ovsynch programme is one of the most frequently used procedures in managing dairy cattle reproduction. There are many studies evaluating the effectiveness of the Ovsynch programme. However, few of them assess the impact of factors that can lead to a decrease in the pregnancy rate and thus, reduce the success of the Ovsynch programme. This review aims to examine the impact of both individual and environmental factors on the likelihood of pregnancy. The risk factors described include: the body condition, age, number and stage of lactation, production level, occurrence of diseases and postpartum complications, functional status of the ovaries, oestrous cycle phase, temperature, season and year, and program start-up after calving. Possible modifications of the Ovsynch programme are presented in order to increase its effectiveness and to determine the best time to start it. Additionally, attention was paid to pregnancy losses during the Ovsynch programme which ultimately decrease pregnancy rates. The impact of this many factors on the efficiency of the Ovsynch suggests the need to adjust the synchronization program each time to the individual situation of the herd.

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