Selected problems of changes in EU and national legislation in the perspective of the principles of legitimate expectations and legal certainty

2020 ◽  
Vol I (I) ◽  
pp. 101-112
Author(s):  
Przemysław Ostojski ◽  
Anna Dalkowska
Keyword(s):  
Empirical Method ◽  
Legal Certainty ◽  
National Legislation ◽  
Research Perspective ◽  
The Public ◽  
Eu Member States ◽  
Eu Directive ◽  
Retroactive Effect ◽  
The Face ◽  
Legitimate Expectations

This article addresses selected problems related to the complex topic of changes in EU and national legislation. The considerations contained in the article focus on the so-called previous effectiveness of an EU directive and on the retroactivity of (ordinary) laws passed by EU Member States. The research perspective concentrates on the functioning of these institutions in the face of the principles of legitimate expectations and legal certainty. The article utilizes primarily and predominantly the analytical method, as well as the empirical method, making use of the extensive case law of the EU Court of Justice and the Supreme Administrative Court. As a result of the research, it shall be stated that, first and foremost, the source of legitimate expectations of an individual cannot be an EU directive during the transposition thereof in an EU Member State. Secondly, the principle of legal certainty is not precluded by the exceptional retroactive effect of a normative act, due to the need to protect the public interest, provided that legitimate expectations of individuals are guaranteed.

Resolution 2300 (Council of Eur. Parl. Assembly)

2020 ◽  
Vol 59 (3) ◽  
pp. 487-494
Author(s):  
David Lewis
Keyword(s):  
European Union ◽  
Human Rights ◽  
The European Union ◽  
Council Of Europe ◽  
Member States ◽  
National Legislation ◽  
Eu Member States ◽  
Eu Directive ◽  
The Eu

This Resolution was adopted in October 2019 following a report of the Committee on Legal Affairs and Human Rights. It has to be seen in the context of previous Council of Europe activity on this topic as well as the European Union (EU) Directive on the protection of persons who report breaches of Union law. The content of the EU Directive was agreed earlier in 2019 and EU Member States are obliged to transpose it into national legislation by December 2021.

The Relevance of Energy Service Contracts in the Budget Sphere

2018 ◽  
pp. 64-68
Author(s):  
George V. Boos ◽  
Elena Yu. Matveeva
Keyword(s):  
Public Sector ◽  
Institutional Development ◽  
The Public ◽  
Debt Burden ◽  
Comprehensive Plan ◽  
Effective Implementation ◽  
Service Contracts ◽  
The Face ◽  
Energy Service ◽  
The Russian Federation

The problematic aspects related to the implementation of energy saving policy in the budget sphere are examined in the article. The factors hindering the mass and effective implementation of energysaving measures are highlighted in the article. Among these factors, there is the technical complexity of energysaving projects, the presence of innovative and investment risks, problems with the financial provision of costs in the face of increasing debt burden in most public budgets. The article concludes that in these circumstances only the energy service contract is a tool that allows implementing energy­saving measures without the first participation of budgetary funds in financing and allows transferring the risks of making technically inefficient decisions directly to the investor. In the article, the authors substantiate the importance of the institutional development of energy services directly in the public sector and analyze the measures of the comprehensive plan to improve the energy efficiency of the economy of the Russian Federation aimed at expanding the scope of energy service contracts in the public sector.

Verán ustedes las chozas más humildes. El discurso de pobreza en la diplomacia pública cardenista dirigida a Estados Unidos

2019 ◽  
Vol 35 (2) ◽  
pp. 255-281
Author(s):  
Sylvia Dümmer Scheel
Keyword(s):  
United States ◽  
New Deal ◽  
Public Diplomacy ◽  
The United States ◽  
The Public ◽  
The Poor ◽  
The Face ◽  
The Government ◽  
Lazaro Cardenas ◽  
The New Deal

El artículo analiza la diplomacia pública del gobierno de Lázaro Cárdenas centrándose en su opción por publicitar la pobreza nacional en el extranjero, especialmente en Estados Unidos. Se plantea que se trató de una estrategia inédita, que accedió a poner en riesgo el “prestigio nacional” con el fin de justificar ante la opinión pública estadounidense la necesidad de implementar las reformas contenidas en el Plan Sexenal. Aprovechando la inusual empatía hacia los pobres en tiempos del New Deal, se construyó una imagen específica de pobreza que fuera higiénica y redimible. Ésta, sin embargo, no generó consenso entre los mexicanos. This article analyzes the public diplomacy of the government of Lázaro Cárdenas, focusing on the administration’s decision to publicize the nation’s poverty internationally, especially in the United States. This study suggests that this was an unprecedented strategy, putting “national prestige” at risk in order to explain the importance of implementing the reforms contained in the Six Year Plan, in the face of public opinion in the United States. Taking advantage of the increased empathy felt towards the poor during the New Deal, a specific image of hygienic and redeemable poverty was constructed. However, this strategy did not generate agreement among Mexicans.

Agents of Practice at the Public Library’s Reference Desk

2013 ◽  
Author(s):  
Mary Cavanagh
Keyword(s):  
Public Libraries ◽  
Face To Face ◽  
Professional Boundaries ◽  
The Public ◽  
Reference Librarians ◽  
Practice Perspective ◽  
The Face ◽  
Reference Et

The face to face interactions of reference librarians and reference assistants are studied from a theoretical practice perspective. Rather than reinforcing professional boundaries, the results of this analysis support reference practice in public libraries as a highly relational activity where reference “expertise” retains a significant subjectivist, relational dimension.Les interventions en personne des bibliothèques de référence et des adjoints à la référence sont étudiées du point de vue de la pratique théorique. Plutôt que de renforcer les frontières interprofessionnelles, les résultats de cette analyse appuient l'idée que les pratiques de référence en milieu public sont des activités hautement relationnelles où l'expertise de la référence conserve une dimension subjectiviste et relationnelle. 

The New Economic Populism and the Future of Inequality in the United States

2017 ◽  
Author(s):  
William W. Franko ◽  
Christopher Witko
Keyword(s):  
United States ◽  
Federal Government ◽  
Labor Unions ◽  
Republican Party ◽  
The United States ◽  
The Public ◽  
Empirical Results ◽  
Income Disparities ◽  
The Face ◽  
Over Time

The authors conclude the book by recapping their arguments and empirical results, and discussing the possibilities for the “new economic populism” to promote egalitarian economic outcomes in the face of continuing gridlock and the dominance of Washington, DC’s policymaking institutions by business and the wealthy, and a conservative Republican Party. Many states are actually addressing inequality now, and these policies are working. Admittedly, many states also continue to embrace the policies that have contributed to growing inequality, such as tax cuts for the wealthy or attempting to weaken labor unions. But as the public grows more concerned about inequality, the authors argue, policies that help to address these income disparities will become more popular, and policies that exacerbate inequality will become less so. Over time, if history is a guide, more egalitarian policies will spread across the states, and ultimately to the federal government.

Cohabitants, Choice, and the Public Interest

2018 ◽  
Author(s):  
Robert Leckey
Keyword(s):  
Social Change ◽  
Public Interest ◽  
Intimate Relationships ◽  
Family Law ◽  
Regulatory System ◽  
Law Reform ◽  
Private Law ◽  
The Public ◽  
System P ◽  
The Face

Through the narrow entry of property disputes between former cohabitants, this chapter aims to clarify thinking on issues crucial to philosophical examination of family law. It refracts big questions—such as what cohabitants should owe one another and the balance between choice and protection—through a legal lens of attention to institutional matters such as the roles of judges and legislatures. Canadian cases on unjust enrichment and English cases quantifying beneficial interests in a jointly owned home are examples. The chapter highlights limits on judicial law reform in the face of social change, both in substance and in the capacity to acknowledge the state's interest in intimate relationships. The chapter relativizes the focus on choice prominent in academic and policy discussions of cohabitation and highlights the character of family law, entwined with the general private law of property and obligations, as a regulatory system.

Epidemic Response: How to evaluate and respond to evolving and conflicting risk information with a focus on education and clinical environments

2020 ◽  
Vol 64 (1) ◽  
pp. 1732-1735
Author(s):  
Alison G. Vredenburgh ◽  
Rodrigo J. Daly Guris ◽  
Kevin G. Welner ◽  
Sreekanth R. Cheruku
Keyword(s):  
The United States ◽  
Face To Face ◽  
The Public ◽  
Conflicting Information ◽  
The Face ◽  
Clinical Environments ◽  
Face To Face Instruction ◽  
Epidemic Response ◽  
Collaborative Implementation ◽  
Modern Era

By October, we will have learned a great deal about responding to an epidemic or pandemic that has proved to have a level of transmission unprecedented in the modern era. The possible and likely responses include many unknowns. Coordinated and collaborative implementation has been complicated by conflicting information from multiple governments and organizations in several languages. What will we learn about how the United States can improve its ability to respond? How do we develop consistent and accurate warnings and messaging to the public in order to increase compliance regarding a new, and not well understood, epidemic? What factors increase or decrease compliance? How are US education policymakers deciding about face-to-face instruction? How have physicians and hospitals adapted their workflows in the face of uncertainty and supply chain inconsistencies? This panel will include a warnings expert, an expert on education law and policy, and two physicians.

The challenges of public sector communication in the face of the pandemic crisis: professional roles, competencies and platformization1

2021 ◽  
pp. 9-19
Author(s):  
Gea Ducci ◽  
Alessandro Lovari
Keyword(s):  
Social Media ◽  
Public Sector ◽  
Media Use ◽  
Public Communication ◽  
Professional Roles ◽  
Special Issue ◽  
Critical Approach ◽  
The Public ◽  
Regulatory Processes ◽  
The Face

The pandemic crisis has led to a renew centrality of public sector communica-tion in a hybrid and convergent media ecosystems aiming at (re)building relation-ships based on trust between institutions and citizens. This contribution reflects on the strengths and fragility of the Italian public communication in the face of the pandemic, considering regulatory processes and paths of professionalization. It focuses also on the challenges of social media use in public sector, suggesting a critical approach towards the platformization of the public sector communication activities. The last part of this manuscript presents the different articles that com-pose the special issue.

The Interrelation between Public Participation and Access to Justice in the eia Context in the Face of the Increasing Use of Digital Technologies: Comment on the cjeu Judgment in the A.Flausch et al Case (C-280/18)

2021 ◽  
Vol 18 (1-2) ◽  
pp. 39-55
Author(s):  
Vasiliki (Vicky) Karageorgou
Keyword(s):  
Public Participation ◽  
Digital Technologies ◽  
Specific Aspect ◽  
Time Limit ◽  
Access To Justice ◽  
Eu Law ◽  
The Public ◽  
The Face ◽  
Procedural Autonomy

Abstract The article analyzes the cjeu Judgment in the A. Flausch et al case, which concerns the compatibility of the Greek procedural rules relating to specific aspects of the public participation in the eia context and to a specific aspect of access to justice (time limit) with the respective EU Law provisions in the face of the increasing use of digital technologies in the public participation procedures. This ruling is important, because it sets limits to the procedural autonomy of ms when it comes to the rules that are applied to the eia-related disputes and those that concern the public participation arrangements. It demonstrates, though, the lack of a steady line in the Court’s jurisprudence concerning the standards for assessing the national procedural rules and the role of Article 47 cfr. Moreover, the Court did not lay the ground for an interpretation of the ΕU public participation provisions in a way that an obligation for taking measures could be established, with the aim to ensure equal participation opportunities.

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