Kartellrechtliche Missbrauchsaufsicht über Gebühren

2020 ◽  
Author(s):  
Ann-Katrin Siekemeier
Keyword(s):  
Drinking Water ◽  
Public Law ◽  
Public Authority ◽  
Eu Law ◽  
Public Interests ◽  
Economic Action ◽  
Water Charges ◽  
The Individual

Is the German Competition Act applicable to public authority economic action governed by public law? This work approaches the issue – due to greatly varying prices and § 185 (1) sentence 2 GWB – based on the abuse control of drinking water charges levied by a public law entity. It analyzes the extensive legal division between the abuse control under the GWB over prices and the supervision of municipal authorities exercised by the individual Länder over charges. The work examines whether that gap can be bridged by interpretation or under consideration of EU law. Finally, it proposes to abolish § 185 (1) sentence 2 GWB and to adopt an equivalent to Art. 106 (2) TFEU to systematically consider public interests.

scholarly journals Sources of Property Formation of a Public Law Company

2020 ◽  
Vol 1 (12) ◽  
pp. 81-91
Author(s):  
Yu. A. Zaitseva
Keyword(s):  
Public Law ◽  
The State ◽  
Public Authority ◽  
Public Interests ◽  
Non Profit ◽  
The Public ◽  
For Profit ◽  
Not For Profit ◽  
Independent Form ◽  
Public Nature

As part of the civil legislation reform, a public not-for-profit company is recognized as an independent form of non-profit organizations. Its intermediate position between a legal entity as a subject of private law and a public authority shows the existence of features in the methods of its property formation. In the article the author has analyzed the sources of formation of the property of the public not-for-profit company, investigated doctrinal approaches to understanding the essence of the sources of formation of the property of the organization under consideration. The peculiarities of property formation of public law companies operating in Russia have also been determined. According to the results of the analysis, the author has drawn the conclusion about a predominantly public nature of the property component of public not-for-profit companies, the main source of formation of which is the state property or funds received under statutory provisions. The author makes the interest of the founder in the property component of a public not-for-profit company conditional upon implementation of the state and public interests and public law functions imposed on it. On the basis of the study, the author has determined a conflict in the legislation regulating the investment of temporarily free funds of a public not-for-profit company as a revenue-producing activity and has made proposals to resolve it.

scholarly journals The Covid-19 Pandemic and the Rights of the Individual in Terms of Private and Public Law

2020 ◽  
Vol 9 (2) ◽  
pp. 225-250
Author(s):  
Evgen Kharytonov ◽  
Olena Kharytonova ◽  
Denis Kolodin ◽  
Maxym Tkalych
Keyword(s):  
Human Rights ◽  
Optimal Algorithm ◽  
Public Law ◽  
The State ◽  
Private Law ◽  
Public Interests ◽  
Basic Principles ◽  
Private Rights ◽  
Private And Public ◽  
The Individual

The principles of adjusting the regulation of civil relations in the context of the Covid-19 pandemic are analyzed. The admissibility of restricting human rights in the context of the conflict of private and public interests are researched. Besides, the authors tried to determine the optimal algorithm of government actions aimed at preventing the spread of the epidemic. The main approach to the understanding of human rights in the article is based on Dworkin's concept of “rights as trumps”. A system of such categories as “a man”, “a private person”, “natural private rights”, “private law” and “national civil law” is analyzed. The conclusion is that the importance of the category of “natural” human rights is underestimated, which exacerbates the problem of ensuring human rights in a pandemic, when the state actively uses public law to cope with the crisis. As a result, there is a conflict of basic principles of private and public law: “everything is allowed except what is prohibited by law” vs. “only what is allowed by law is possible”. It is proposed to assume that the usual way of the legal existence of a person is that he/she acts as a participant in civil relations of a private type, even in a pandemic. Private relations, which arise during the quarantine period, are proposed to be regulated mainly by private law methods, limiting the influence of the state. This will allow us to reach a compromise of private and public interests, without restricting the rights of individuals voluntarily.

scholarly journals CONSUMER CREDITING: CORELATION OF PRIVATE AND PUBLIC BASIS OF LEGAL REGULATION

2017 ◽  
Vol 21 (5) ◽  
pp. 170-177
Author(s):  
V. V. Bogdan ◽  
A. A. Kalinovskaya
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Public Law ◽  
Federal Law ◽  
Public Interests ◽  
Private And Public ◽  
The Stability ◽  
The Individual ◽  
Method Of Abstraction

In this article, the authors consider the modern legislation system on consumer crediting. The authors dwell on the problems of the correlation of certain legal acts in this sphere and focus on the Federal Law "On Consumer Credit (Loan)". Also they note the role of departmental and local acts regulating consumer crediting. The authors state the idea that the special mechanism for the implementation of the rights of borrowers, laid by the legislator, contains additional duties and restrictions for banks and other credit organizations that sell credit products to citizens, as much as is necessary to protect public interests. Such regulation of the legal status of borrowers correlates with the general ideas about the convergence of private and public law. Establishing a special legal status of the consumer citizen, the legislator reflects the interests of citizens, the interests of their counterparties, as well as public interests related to the need to ensure balanced interests of the individual, society and the state. In the process of research, the authors used analytical, formal-legal methods, the method of abstraction, which allowed to formulate conclusions on the conducted research. The authors come to the conclusion that the legislation on consumer crediting is designed not only to protect the rights of a particular borrower, but also to ensure the stability of banking relations, avoiding abuses both on the part of borrowers and banks. At the same time, the legislation on consumer creditng is oriented not only to perform protective functions, but also regulatory.

scholarly journals OVERRIDING MANDATORY LAWS IN INTERNATIONAL ARBITRATION

2018 ◽  
Vol 67 (4) ◽  
pp. 903-930 ◽  
Author(s):  
Jan Kleinheisterkamp
Keyword(s):  
Public Law ◽  
Eu Law ◽  
International Arbitration ◽  
Public Interests ◽  
Conflict Of Laws ◽  
Party Autonomy ◽  
The Public ◽  
Private And Public ◽  
Dialectical Relationship ◽  
The Eu

AbstractOverriding mandatory laws present one of the most pervasive and delicate problems of international arbitration because they affect party autonomy in both its substantive and procedural dimensions. The tension between these concepts both in theory and in practice is a classic emanation of the public–private divide, which is particularly problematic in international and transnational settings. This tension is even stronger in the context of economic integration and regulation, such as in the EU Internal Market. This article revisits and conceptualizes the operation of overriding mandatory laws in the context of arbitration from the perspectives of conflict of laws, public law, and EU law. Drawing on the principles of effectiveness and proportionality, it proposes a practical rather than a theoretical solution to the dialectical relationship between private and public interests in legal certainty.

Search for Principle - The Government's Liability in Negligence for the Careless Exercise of its Statutory Powers

2000 ◽  
Vol 31 (3) ◽  
pp. 629
Author(s):  
Thomas Geuther
Keyword(s):  
New Zealand ◽  
Public Law ◽  
Public Authority ◽  
Special Treatment ◽  
Duty Of Care ◽  
Supreme Court Of Canada ◽  
Public Authorities ◽  
High Court ◽  
The Supreme Court ◽  
High Court Of Australia

For many years the English courts have struggled to develop a principled approach for determining when a public authority can owe a duty of care in respect of the exercise of its statutory powers. Initially, public authorities received no special treatment. Then the courts conferred an almost complete immunity on them, requiring public law irrationality to be established before considering whether a duty could arise. The English approach has not been adopted elsewhere in the Commonwealth. The High Court of Australia and the Supreme Court of Canada have developed different tests, and the New Zealand courts, while never explicitly rejecting the English position, have never followed it. This paper argues that a modified version of the Canadian Supreme Court's approach should be adopted in New Zealand. It proposes that irrationality be a precondition to the existence of a duty of care only where policy considerations are proved to have influenced the decisions of a public authority in exercising its statutory powers.

scholarly journals Territoriality Beyond the State: The EU’s Territorial Claims and the Search for Their Legitimacy

2021 ◽  
Vol 22 (4) ◽  
pp. 650-672
Author(s):  
Josef Weinzierl
Keyword(s):  
The State ◽  
Political Community ◽  
The Other ◽  
Main Question ◽  
Eu Law ◽  
European Level ◽  
Territorial Claims ◽  
The One ◽  
The Individual ◽  
The Eu

AbstractQuite a few recent ECJ judgments touch on various elements of territorial rule. Thereby, they raise the profile of the main question this Article asks: Which territorial claims does the EU make? To provide an answer, the present Article discusses and categorizes the individual elements of territoriality in the EU’s architecture. The influence of EU law on national territorial rule on the one hand and the emergence of territorial governance elements at the European level on the other provide the main pillars of the inquiry. Once combined, these features not only help to improve our understanding of the EU’s distinctly supranational conception of territoriality. What is more, the discussion raises several important legitimacy questions. As a consequence, the Article calls for the development of a theoretical model to evaluate and justify territoriality in a political community beyond the state.

scholarly journals Public Demand for Improved Urban Water Supply Services in Multan

2020 ◽  
Vol 16 (1) ◽  
pp. 171-192
Author(s):  
Junaid Alam Memon ◽  
Keyword(s):  
Water Quality ◽  
Drinking Water ◽  
Service Delivery ◽  
Water Supply ◽  
Quality Parameters ◽  
Safe Drinking Water ◽  
Structured Interviews ◽  
Number Of Children ◽  
Awareness Campaigns ◽  
Water Charges

Governments in developing countries face financial constraints to ensure supply of clean drinking water. They may benefit from increasing water charges for those who are be willing to pay little extra in lieu of their demand for improvement in water quality and service. To check the plausibility of this proposal, we investigated drinking water supply and quality, and welloff consumers demand for improved service delivery in Shah-Rukun-e-alam and Mumtazabad towns in Multan city of Pakistan. Qualitative data obtained through a questionnaire survey was analyzed using descriptive and regression techniques. Qualitative information obtained through semi structured interviews was helpful in designing survey questionnaire and to elaborate quantitative results. Results reveal that the respondents accord high importance to the provision of safe drinking water than to other daily household needs. The demand for improvement in water supply parameters exceeds the demand for improvements in water quality parameters, with the reliable supply being the most demanded improvement. Majority realize the government’s budget constraints in improving service delivery. Most respondents would pay PKR 100 in addition to what they are paying now. Their willingness to pay (WTP) this amount correlates with their awareness on water and health nexus, and depends household income, number of children under 14 years age and awareness of actual water quality tested through laboratory. Besides recommending raise of water charges by PKR 100 per month per household in both towns, the service quality improvement may consider interventions such as mobile water testing laboratory and awareness campaigns motivate citizens to pay for safe drinking water.

scholarly journals HYGIENIC EVALUATION OF THE QUALITY OF DRINKING WATER AND RISKS FOR THE HEALTH OF THE POPULATION OF THE PRIMORYE TERRITORY

2019 ◽  
Vol 98 (1) ◽  
pp. 94-101 ◽  
Author(s):  
Pavel F. Kiku ◽  
L. V. Kislitsyna ◽  
V. D. Bogdanova ◽  
K. M. Sabirova
Keyword(s):  
Drinking Water ◽  
Water Supply ◽  
Potable Water ◽  
Distribution Network ◽  
Petroleum Products ◽  
Carcinogenic Risk ◽  
Risk Profile ◽  
Calcium And Magnesium ◽  
The Individual

Ntroduction. The assessment of water quality and safety of centralized water supply systems in the Primorsky Krai was carried out in order to assess hygiene levels of public health risks associated with drinking water from the distribution network. Material and methods. The data of laboratory studies on sanitary and chemical parameters in drinking water of the distribution network of the Primorsky region were used. Hygienic assessment of drinking water was carried out according to regulatory requirements, the effect of summation of biological effect was calculated. The work used methodological recommendations for calculating the index of chemical water pollution and the utility coefficient, as well as a guide for assessing the health risks of the population when exposed to chemicals of a non-carcinogenic and carcinogenic nature. Non-carcinogenic and carcinogenic risks were calculated for all potable water of centralized water supply based on the average daily intake dose and the reference dose of chemicals supplied with drinking water. The risk profile for carcinogenic and non-carcinogenic effects was achieved by comparing exposure levels with reference concentrations (safe) for human health. The risk profile for the combined effects of chemical compounds is based on the calculation of the hazard index (HI). A study on carcinogenic risk was carried out for substances that are identified as carcinogens according to the classification of an international agency for the study of cancer. For the analysis and statistical processing of information, the program "MS Excel" was used. Results. An assessment of the sanitary and epidemiological safety of centralized systems of domestic and drinking water supply in the region showed that the highest contribution to poor health is made by the content of arsenic, nitrates, iron, silicon, and petroleum products in drinking water. According to the values of hazard indices, the skin and mucous membranes, the central nervous system, the immune system, the endocrine system, the circulatory and digestive organs are exposed to adverse effects from chemicals in drinking water. The individual carcinogenic risk ranges from negligibly small to the upper limit of acceptable carcinogenic risk. Assessment of the potable water value indicator revealed a deficit situation in calcium, sodium, fluorine and general mineralization of water. The risk assessment for arsenic, tetrachlorethylene, and chloroform, which have carcinogenic properties and are the most important pollutants of drinking water, has shown that the individual risk levels for these substances are within the first and second ranges, which corresponds to the allowable and maximum allowable risk. Discussion. Arsenic concentration in adults was found to be not detected with risks greater than one, while for children, the non-carcinogenic risk from arsenic exceeded the level of safe exposure (HQ> 1), because children are more susceptible to toxic substances due to their relatively large volume of respiration and the rate of gastrointestinal absorption (due to greater permeability of the intestinal epithelium), and also due to the immature system of detoxification enzymes and a relatively lower rate of excretion of toxic chemicals. According to the level of non-carcinogenic risk for children, nitrates follow arsenic. Nitrates have a hypoxic effect, increasing the concentration of the irreversible form of hemoglobin - methemoglobin. The toxicity of nitrates is related to their transformation into the human body into nitrosamines. As a result, the child's organism responds more sharply than in adults to the presence of chemicals in the water. The general mineralization of drinking water is one of the integral index of the quality of drinking water. Calcium and magnesium deficiency can be an independent risk factor for the development of various diseases and manifest pathologies of the cardiovascular system: coronary heart disease, hypertensive disease, myocardial infarction, etc. The tap water is known to be is not overloaded with carbonates, since they can lead to spoilage of water pipes. Therefore, to enrich the water with calcium and magnesium, the technology of creating bottled water uses mineral additives, which means that such water can become an additional source of minerals. Conclusion. Sanitary and hygienic assessment of centralized systems of domestic and drinking water supply in the Primorsky Territory has shown that the quality of drinking water depends on the concentration of arsenic, nitrates, iron, silicon and petroleum products. It should be noted that with the daily use of water from the distribution network throughout life, the likelihood of developing harmful effects on the health of adults and children is insignificant.

scholarly journals Association between exposure to drinking water disinfection byproducts and adverse pregnancy outcomes in South Africa

2020 ◽  
Author(s):  
Funanani Mashau ◽  
Esper Jacobeth Ncube ◽  
Kuku Voyi
Keyword(s):  
Drinking Water ◽  
Pregnancy Outcomes ◽  
Premature Birth ◽  
Disinfection Byproducts ◽  
Maternal Exposure ◽  
Adverse Pregnancy Outcomes ◽  
Water Disinfection ◽  
Regulatory Data ◽  
Adverse Pregnancy ◽  
The Individual

Abstract Currently, there is contradictory evidence for the risk of adverse pregnancy outcomes associated with maternal exposure to disinfection byproducts (DBPs). We examine the association between maternal exposure to trihalomethanes (THMs) in drinking water and adverse pregnancy outcomes, including premature birth, low birth weight (LBW) and small for gestational age (SGA). In total, 1,167 women older than 18 years were enrolled at public antenatal venues in two geographical districts. For each district, we measured the levels of residential drinking water DBPs (measured in THMs) through regulatory data and routine water sampling. We estimated the individual uptake of water of each woman by combining individual water use and uptake factors. Increased daily internal dose of total THMs during the third trimester of pregnancy significantly increased the risk of delivering premature infants (AOR 3.13, 95% CI 1.36–7.17). The risk of premature birth was also positiviely associated with exposure to total THMs during the whole pregnancy (AOR 2.89, 95% CI 1.25–6.68). The risk of delivering an SGA and LBW infant was not associated with maternal exposure to THMs. Our findings suggest that exposure to THMs is associated with certain negative pregnancy outcomes. The levels of THMs in water should be routinely monitored.

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