ACTIONS OF THE PRESIDENT OF THE OFFICE OF COMPETITION AND CONSUMER PROTECTION IN THE PUBLIC INTEREST OF CONSUMERS; GLOSS TO THE JUDGMENT OF THE DISTRICT COURT – COURT OF COMPETITION AND CONSUMER PROTECTION OF JANUARY 7, 2020, XVII AMA 14/18

2020 ◽  
Vol 4 (XX) ◽  
pp. 305-318
Author(s):  
Bartosz Smółka

The commented judgment is a fundamental source of information on the protection of consumer rights and interests from the point of view of actions taken by the President of the Office of Competition and Consumer Protection, as well as the courts. The essence of the issued ruling focuses not only on the proper procedure implementing the assumptions of consumer protection policy, but also refers to key concepts for consumers. In particular, to the concept of an average consumer model or the public interest in the process of consumer protection. The Court of Competition and Consumer Protection, following the President of the Office of Competition and Consumer Protection, also made significant considerations on the significance of the judgment issued as a result of the abstract control of contract templates.

Author(s):  
A.P. Ushakova ◽  

From the standpoint of the dominant interest criterion the article examines the justification of the legislator`s decision to apply public law methods in order to regulate relations concerning the use of land for infrastructural facilities placing. The author gives the arguments in favor of understanding the public interest as the interest of the whole society as a system, rather than the interest of an indefinite range of persons or the majority of the population. The author concludes that there is the simultaneous presence in the specified legal relations and private interests of the participants of legal relations, and public interests of society as a system. Both types of interests in these legal relations are important, but in terms of different aspects of the legal impact mechanism. Public interest is important because its realization is the purpose of legal regulation of this type of legal relations, from this point of view it acts as a dominant interest. The private interest of the holder of a public servitude is important as an incentive to attract the efforts of private individuals to achieve a publicly significant goal. The private interest of a land plot owner is important from the point of view of securing the right of ownership. It is substantiated that the public servitude is not an arbitrary decision of the legislator, but an example of application of the incentive method in the land law, which provides a favorable legal regime for a socially useful activity.


2018 ◽  
pp. 139-158
Author(s):  
Pekka Sulkunen ◽  
Thomas F. Babor ◽  
Jenny Cisneros Örnberg ◽  
Michael Egerer ◽  
Matilda Hellman ◽  
...  

This chapter explores gambling regulation regimes, looking at the different control structures used, and their effectiveness in serving the public interest. Gambling has always been regulated by public policy, and in whichever way the industry is developing, government regulation is always involved. Regimes of gambling regulation involve both public and private actors and institutions. Public monopolies may be stronger in the area of consumer protection than restrictive licensing, associations-based operations or competitive markets. In considering the choice of regulation regime, policymakers would be well advised not to weigh the pros and cons or the costs and benefits of legal gambling in itself but to consider whether it is the best way to achieve the public interest goals compared to the alternatives.


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.


2019 ◽  
Vol 30 (3) ◽  
pp. 1041-1066
Author(s):  
Sahiba Gill ◽  
Edouard Adelus ◽  
Francisco de Abreu Duarte

Abstract The present review essay provides an analysis of the Fédération Internationale de Football Association (FIFA) from the point of view of global governance. Through a review of five books on corruption in FIFA, written for a general audience, the essay describes FIFA as an institution of global governance in which several forms of corruption are widespread among its member organizations and confederations and within the FIFA leadership. This review essay uses the accounts of corruption in FIFA that these books provide to argue that corruption helps solve coordination problems in FIFA by coordinating divergent interests, allocating or distributing funds and allowing for a network of diverse and diffuse actors to fundamentally shape global football. The systemic use of bribing and the exchange of political favours and other means of informal allocation of power are more than mere spontaneous illegalities; they represent an informal, but systematic, means of governance in FIFA. We argue that the February 2016 FIFA reforms fell short of addressing this activity. The reviewed books all call for governing FIFA in the public interest, and the essay presents some pathways to reform and potential replacements for the use of corruption with the aim of returning the game to the general public.


2018 ◽  
Vol 39 (1) ◽  
pp. 535-570
Author(s):  
Paula Poretti

<span>At EU level, discussions on the future direction of development of consumer protection policy revolve around the open question of efficiency of mechanisms for protection and realisation of consumer rights in national legal systems of EU Member States. Measures and activities of the EU legislator resulted in ‘competing’ mechanisms, which objectively creates a need for examination of the extent to which their functions overlap as well as if it is possible to detect the (most) appropriate way for protection of consumer rights. The analysis in the paper starts from the presumption that the consumer protection policy was developed within the measures aimed at integration of the Single Market and harmonization of consumer laws, on the one side and the recognized need of consumer protection as a social and political goal, on the other side. In this sense, the main point discussed in the paper is whether the recent development in the field of consumer protection, including the recent judgments of the European court could be interpreted as a reflection of the notion that the efficient judicial protection of (individual) consumer rights is (yet) again a priority at EU level. In the first part of the paper the development and application of mechanisms which represent a certain kind of alternative to the judicial consumer protection will be presented. In the second part of the paper, we will consider if the all the more present focus on judicial protection of consumer rights at EU level is an indication of a ‘successful experiment which resulted in unexpected outcome’. The required argumentation will be provided through monitoring of the trend of ‘proceduralization’ or ‘europeanisation’ of the national consumer law in the jurisprudence of the European court. The effect of Article 47 EU Charter of Fundamental Rights and its requirement of efficient protection of procedural rights of individuals before national courts of EU Member States will be analysed in detail. At the same time, the recent activities of the European Commission directed at court proceedings before national courts and removal of barriers in their work in the field of consumer protection will be taken into account.</span>


2019 ◽  
Vol 5 (1) ◽  
pp. 29
Author(s):  
Mohammed Rashid Hassan Al jaff ◽  
Sarbast Taha Sharif

in this research we will examine the legal dimensions of this contemporary crime in Iraqi consumer protection law which was ordered in 2010 .then we will focus on the criminal framework of the mentioned crime clarifying its elements , in addition to that we will make controversial discussion regarding the determination of the crime . in this research we will make a presumption by which we will spouse that the commercial advertisements must be suitable with the public interest criteria and human dignity. thus by increasing of this commercial practices without controlling, consequently the legislator must enact the proportionate rules with depending on legal certainty. At al we will strive to clarify all these problematic issues in this research.


2020 ◽  
Author(s):  
Yunna Kwan ◽  
Jinhee Lee ◽  
Jun Young Lee ◽  
Keum Hwa Lee ◽  
Sung Hwi Hong ◽  
...  

UNSTRUCTURED Our study aimed to identify the interest and correlation between the proliferation of coronavirus disease 2019(COVID-19), interest in immunity and products that have been discussed to confer an enhancement of immunity, while suggesting the measures of intervention to be undertaken from a health and medical point of view. To assess the level of public interest in infectious disease during the initial days of the outbreak of COVID-19, we extracted Google search data from the past year based on the date of 15th of March 2020, which is approximately two months after the COVID-19 outbreak. In order to determine whether the public became interested in the immune system, we selected ‘coronavirus’, ‘immune’, ‘vitamin’ as our final search term. The increase in cumulative confirmed cases of coronavirus after January 20 had a strong positive correlation with search volumes for the terms ‘coronavirus’ (R = 0.786, P < .0001), ‘immune’ (R = 0.745, P < .0001) and ‘vitamin’ (R = 0.778, P < .0001), and the variables were all mutually statistically significant. Moreover, these correlations were confirmed on a country-basis when we restricted analyses to the US, the UK, Italy, and Korea. Our findings revealed that increases in search volumes for ‘coronavirus’ and ‘immune’ preceded the actual occurrences of confirmed cases. Our study implicates that during the initial phase of the COVID-19 crisis, the public’s desire and actions to strengthen their own immune systems were enhanced. Further, in the early stage of a pandemic there is a high potential of social media to inform the public about potentially helpful measures to prevent the spread of an infectious disease and provide relevant information about immunity and thereby increase the knowledge.


2011 ◽  
Vol 19 (1) ◽  
pp. 103
Author(s):  
Lilis Yuliati

<p class="IIABSBARU1">This study aims to analyze the interrelationship between risk factors and product attributes that affect the public interest in Islamic Sukuk invest SR001 and to know the appeal of an independent Islamic Bank Sukuk SR001 in selling by investors point of view. The method used in this study is a survey, while the sukuk investor respondens is SR 001, amounting to 100 people. The research was conducted by distributing questionnaires with Likert's scale. The analytical technique used is multiple regression. Based on the results of research and discussion that has been done can be concluded that the risk of investment and product islamic attributes positive effect on the public interest to invest, it is evident from the results of the test statistic, the test F and test T.</p><p class="IKa-ABSTRAK">***</p>Kajian ini bertujuan untuk menganalisis interrelasi antara faktor-faktor resiko dengan atribut produk yang mempengaruhi minat publik terhadap investasi Sukuk Islam SR001 dan untuk mengetahui daya tarik Sukuk Bank Islam SR001 menurut para investor. Metode yang digunakan dalam kajian ini adalah survei, sementara responden adalah investor sukuk SR 001 sejumlah 100 orang. Pe­neliti­an dilaksanakan dengan cara membagi kuisioner dengan skala Likert. Teknik analisis yang digunakan adalah regresi ganda. Berdasarkan hasil penelitian dan diskusi yang dilakukan dapat disimpulkan bahwa resiko investasi dan produk Islami berkait positif dengan keinginan publik untuk melakukan investasi. Ini tampak jelas dari penghitungan statistik dengan test F dan T.


2019 ◽  
Vol 4 (1) ◽  
pp. 19-30
Author(s):  
Desi Apriani

The business world is something that cannot be separated from business competition. There are business actors who compete in a fair competition  and there are also business actors who compete in a unfair competition. This is where the importance of the presence of business competition law in a country. In Indonesia, business competition law is contained in Law Number 5 of 1999 which prohibits monopolistic practices and unfair business competition. In relation to consumer protection, Law Number 5 Year 1999 has the aim of protecting the public interest and seeking public welfare. The prohibitions in the law indirectly have a protected effect on consumer interests. Need consistency in enforcement of business competition law so that the goal of protecting consumers can be achieved optimally.


1970 ◽  
Vol 5 (2) ◽  
pp. 279-290
Author(s):  
Ropingi El Ishaq

Normatively, media functions as a means of conveying information, education, andentertainment as well as controlling and relating the society. On the basis of its function,media has a chance to build a direct communication with the society so that it has a strategicposition that may give benefits not only to the social aspect, but also to economic and politicalaspects.One way to develop communication with the public is through soap opera program.This TV program is chosen since it can highly attract public interest. In the point of view ofmedia industry, public or audience are considered as customers who have to be served by theproducer. The more the customers are satisfied, the more the producer gets benefit. One themeof soap operas that can highly attract public interest is religion-related theme.It reflects the normative society understanding of religion. As a result, the religiousmessage contained in the soap operas is very formal. Moreover, since it can highly attractpublic attention, it can be utilized by media industry to get as much profit as they can and itdoes not function to give education and wholesome entertainment.


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