scholarly journals Técnica legislativa, inserción de la norma en el ordenamiento jurídico y Tribunal Constitucional = Legislative drafting : incorporation of the norm into the legal system and Constitutional Court

Author(s):  
Tomás Vidal Marín

The incorporation of the norm into the Legal system can originate negative effects on the juridical certainty. Exactly, the present study analyzes whether is possible the control of constitutionality of the quality of law in the Spanish Legal system as a solution or remedy to the described situation.La inserción de las normas en el ordenamiento jurídico puede producir efectos negativos sobre la certeza del Derecho. Justamente, el presente estudio analiza si es posible el control de constitucionalidad de la calidad de la ley en el ordenamiento jurídico español en tanto que solución o remedio a la situación descrita.

2020 ◽  
pp. 92-107 ◽  
Author(s):  
A. I. Bakhtigaraeva ◽  
A. A. Stavinskaya

The article considers the role of trust in the economy, the mechanisms of its accumulation and the possibility of using it as one of the growth factors in the future. The advantages and disadvantages of measuring the level of generalized trust using two alternative questions — about trusting people in general and trusting strangers — are analyzed. The results of the analysis of dynamics of the level of generalized trust among Russian youth, obtained within the study of the Institute for National Projects in 10 regions of Russia, are presented. It is shown that there are no significant changes in trust in people in general during the study at university. At the same time, the level of trust in strangers falls, which can negatively affect the level of trust in the country as a whole, and as a result have negative effects on the development of the economy in the future. Possible causes of the observed trends and the role of universities are discussed. Also the question about the connection between the level of education and generalized trust in countries with different quality of the institutional environment is raised.


2019 ◽  
Vol 19 (1) ◽  
pp. 7-37
Author(s):  
Aleksandra Kustra-Rogatka

Summary The paper deals with the changes in the centralized (Kelsenian) model of constitutional review resulting from a state’s membership of the EU, which unequivocally demonstrates the decomposition of the classic paradigm of constitutional judiciary. The main point raised in the paper is that European integration has fundamentally influenced on the four above-mentioned basic elements of the Kelsenian model of constitutional review of legislation, which are the following: the assumption of the hierarchical construction of a legal system; the assumption of the supreme legal force of the constitution as the primary normative act of a given system; a centralised model of reviewing hierarchical conformity of legal norms; coherence of the system guaranteed by a constitutional court’s power to declare defectiveness of a norm and the latter’s derogation. All its fundamental elements have evolved, i.e. the hierarchy of the legal system, the overriding power of the constitution, centralized control of constitutionality, and the erga omnes effect of the ruling on the hierarchical non-conformity of the norms. It should be noted that over the last decade the dynamics of these changes have definitely gained momentum. This has been influenced by several factors, including the “great accession” of 2004, the pursuit of formal constitutionalization of the EU through the Constitutional Treaty, the compromise solutions adopted in the Treaty of Lisbon, the entry into force of the Charter, and the prospect of EU accession to the ECHR. The CJEU has used these factors to deepen the tendencies towards decentralization of constitutional control, by atomising national judicial systems and relativizing the effects of constitutional court rulings within national legal systems. The end result is the observed phenomenon, if not of marginalisation, then at least of a systemic shift in the position of constitutional courts, which have lost their uniqueness and have become “only ones of many” national courts.


2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Mirjam Pot ◽  
Nathalie Kieusseyan ◽  
Barbara Prainsack

AbstractThe application of machine learning (ML) technologies in medicine generally but also in radiology more specifically is hoped to improve clinical processes and the provision of healthcare. A central motivation in this regard is to advance patient treatment by reducing human error and increasing the accuracy of prognosis, diagnosis and therapy decisions. There is, however, also increasing awareness about bias in ML technologies and its potentially harmful consequences. Biases refer to systematic distortions of datasets, algorithms, or human decision making. These systematic distortions are understood to have negative effects on the quality of an outcome in terms of accuracy, fairness, or transparency. But biases are not only a technical problem that requires a technical solution. Because they often also have a social dimension, the ‘distorted’ outcomes they yield often have implications for equity. This paper assesses different types of biases that can emerge within applications of ML in radiology, and discusses in what cases such biases are problematic. Drawing upon theories of equity in healthcare, we argue that while some biases are harmful and should be acted upon, others might be unproblematic and even desirable—exactly because they can contribute to overcome inequities.


2021 ◽  
Vol 8 (4) ◽  
pp. 47
Author(s):  
Micaela Porta ◽  
Massimiliano Pau ◽  
Bruno Leban ◽  
Michela Deidda ◽  
Marco Sorrentino ◽  
...  

Among the functional limitations associated with hip osteoarthritis (OA), the alteration of gait capabilities represents one of the most invalidating as it may seriously compromise the quality of life of the affected individual. The use of quantitative techniques for human movement analysis has been found valuable in providing accurate and objective measures of kinematics and kinetics of gait in individuals with hip OA, but few studies have reported in-depth analyses of lower limb joint kinematics during gait and, in particular, there is a scarcity of data on interlimb symmetry. Such aspects were investigated in the present study which tested 11 individuals with hip OA (mean age 68.3 years) and 11 healthy controls age- and sex-matched, using 3D computerized gait analysis to perform point-by-point comparisons of the joint angle trends of hip, knee, and ankle. Angle-angle diagrams (cyclograms) were also built to compute several parameters (i.e., cyclogram area and orientation and Trend Symmetry) from which to assess the degree of interlimb symmetry. The results show that individuals with hip OA exhibit peculiar gait patterns characterized by severe modifications of the physiologic trend at hip level even in the unaffected limb (especially during the stance phase), as well as minor (although significant) alterations at knee and ankle level. The symmetry analysis also revealed that the effect of the disease in terms of interlimb coordination is present at knee joint as well as hip, while the ankle joint appears relatively preserved from specific negative effects from this point of view. The availability of data on such kinematic adaptations may be useful in supporting the design of specific rehabilitative strategies during both preoperative and postoperative periods.


2019 ◽  
Vol 11 (17) ◽  
pp. 4748 ◽  
Author(s):  
Zdenka Gyurák Babeľová ◽  
Augustín Stareček ◽  
Dagmar Cagáňová ◽  
Martin Fero ◽  
Miloš Čambál

Work and employment are important elements of every working person’s life. If an employee loses his or her job, he or she loses an important and determining part of his or her life. To reduce the negative effects that affect the quality of an employee’s life, outplacement programs were established as a part of sustainable human resource management. Sustainable human resource management emphasises the importance of employee care. Outplacement, for its part, includes support for employees at their last stage in the organization. The main aims of the paper are to present the research results focused on the perceived usefulness of outplacement programs for dismissed employees, to analyse the relationships between the emotions felt by redundancies and other employees as well as the comparison of differences in emotions felt by different generations of dismissed employees. A valid collection tool (research questionnaire) was developed for research purposes and distributed to employees of industrial enterprises in the Slovak Republic. Overall, the research set was composed of n = 692 employees from different generational groups. The research results proved the existence of a relationships between the emotions felt by redundancies and other employees and differences in emotions felt by employees from different generational groups.


Author(s):  
Egidijus Küris

Western legal tradition gave the birth to the concept of the rule of law. Legal theory and constitutional justice significantly contributed to the crystallisation of its standards and to moving into the direction of the common concept of the rule of law. The European Court of Human Rights uses this concept as an interpretative tool, the extension of which is the quality of the law doctrine, which encompasses concrete requirements for the law under examination in this Court, such as prospectivity of law, its foreseeability, clarity etc. The author of the article, former judge of the Lithuanian Constitutional Court and currently the judge of the European Court of Human Rights, examines how the latter court has gradually intensified (not always consistently) its reliance on the rule of law as a general principle, inherent in all the Articles of the European Convention on Human Rights, to the extent that in some of its judgments it concentrates not anymore on the factual situation of an individual applicant, but, first and foremost, on the examination of the quality of the law. The trend is that, having found the quality of the applicable law to be insufficient, the Court considers that the mere existence of contested legislation amounts to an unjustifiable interference into a respective right and finds a violation of respective provisions of the Convention. This is an indication of the Court’s progressing self-approximation to constitutional courts, which are called to exercise abstract norm-control.La tradición occidental alumbró la noción del Estado de Derecho. La teoría del Derecho y la Justicia Constitucional han contribuido decisivamente a la cristalización de sus estándares, ayudando a conformar un acervo común en torno al mismo. El Tribunal Europeo de Derechos Humanos emplea la noción de Estado de Derecho como una herramienta interpretativa, fundamentalmente centrada en la doctrina de la calidad de la ley, que implica requisitos concretos que exige el Tribunal tales como la claridad, la previsibilidad, y la certeza en la redacción y aplicación de la norma. El autor, en la actualidad Juez del Tribunal Europeo de Derechos Humanos y anterior Magistrado del Tribunal Constitucional de Lituania, examina cómo el primero ha intensificado gradualmente (no siempre de forma igual de consistente) su confianza en el Estado de Derecho como principio general, inherente a todos los preceptos que forman el Convenio Europeo de Derechos Humanos, hasta el punto de que en algunas de sus resoluciones se concentra no tanto en la situación de hecho del demandante individual sino, sobre todo y ante todo, en el examen de esa calidad de la ley. La tendencia del Tribunal es a considerar que, si observa que la ley no goza de calidad suficiente, la mera existencia de la legislación discutida supone una interferencia injustificable dentro del derecho en cuestión y declara la violación del precepto correspondiente del Convenio. Esto implica el acercamiento progresivo del Tribunal Europeo de Derechos Humanos a los Tribunales Constitucionales, quienes tienen encargado el control en abstracto de la norma legal.


2002 ◽  
Vol 56 (1-2) ◽  
pp. 63-72
Author(s):  
Branislav Zivkovic ◽  
Stanimir Kovcin ◽  
Mihal Fabjan

The paper will demonstrate the quality of some feed used in swine diet. The emphasis will be on feed whose incorporation into mixes could result in unfavorable effects on production, health and economic production of swine. Data will be presented on maize and its possible negative effects, having in mind toxins. Soybean meal, or genetically modified soybean meal, will also be observed. The next feed which will be discussed will be soybean whey obtained by different procedures and the potential dangers of its use in swine diet rations. Sunflower meal, feed of animal origin, with emphasis on fish flour and meat-bone flour will also be covered in the work. A feed which has been attracting particular attention lately is yeast imported from Italy. Its quality characteristics will be discussed, the so-called non-protein nitrogen. Analyses of mineral feed will include sources of phosphorus, phosphates (monocalciumphosphate, dicalcium phosphate) phytases and resolving the problem of phosphorus in swine rations. Finally, an inevitable segment are synthetic amino acids, especially lysine and its role in swine diet.


2007 ◽  
Vol 52 (173) ◽  
pp. 85-104 ◽  
Author(s):  
Yereli Burçin ◽  
Erdem Seçilmiş ◽  
Alparslan Başaran

The aim of this study is to examine the relationship between the shadow economy and public debt in Turkey. We elaborate on the questions regarding the negative effects of shadow economy on the sustainability of public debt observing the estimates about the size of shadow economy in Turkey. In the light of some scholars? estimates, we re-evaluate the macroeconomic situation of Turkey. At the core of the study, we discuss how the government borrowing policies would differ if the shadow economy was included into the legal system. In order to examine the effects of shadow economy on sustainability, we use various sustainability indicators. There is a significant difference observed between the calculations which take into account the volume of shadow economy as a share of economic system and those that exclude shadow economy as an exogenous variable. .


Yuridika ◽  
2019 ◽  
Vol 35 (2) ◽  
pp. 429
Author(s):  
Yulianto Yulianto

The term conspiring to commit criminal acts in Article 15 of PTPK Act cannot refer to existing norms under Article 88 of the KUHP. The criminal act which is to conspire to commit such acts within PTPK Act has been regulated within the Indonesian legal system and recognized by law enforcers. However, the lack of elaboration and clarity towards this type of criminal act in the PTPK Law has hindered law enforcers from utilizing Article 15 of the PTPK Act to combat corruption. The Constitutional Court has attempted to resolve the legal uncertainty of Article 15 of the PTPK Act, however this has been proven to become burdensome for law enforcers in applying the criminal justifications of conspiracy under the scope of Article 15 of the PTPK Act. The criminal act which is to conspire to commit such acts within PTPK Act has been regulated within the Indonesian legal system and recognized by law enforcers.


2018 ◽  
Vol 14 (2) ◽  
pp. 141-148
Author(s):  
Deniss Brodņevs ◽  
Aleksandrs Kutins

AbstractWell-deployed cellular networks offer a cheap wireless solution for the control channel deployment of Remote-Control Vehicles (RCV) and Unmanned Aerial Vehicles (UAV). However, a cellular data transfer service performance is affected by a different kind of User Equipment (UE) mobility. Operating conditions of UAV imply working at different altitudes, variable velocities with accelerations/decelerations and rapidly changed antennas angular position, which lead the wireless signal to be prone to negative effects. Available field measurement studies are not sufficient to provide excessive information on degradation problem causes for UEs moving along a complex trajectory. This paper presents an evaluation of the service quality of live operational 3G and LTE networks for both ground moving and flying UE. It has been found that antennas angular position variations in 3D (for example, during UAV manoeuvers) increase data transfer latency and jitter. Moreover, this effect in conjunction with higher interference at high altitudes may partially or fully block the data transfer service. This paper has been prepared to draw attention to the problem that makes the cellular data transfer service unusable for highly-manoeuvrable UAVs.


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