scholarly journals Les groupements d'intérêt économique

2005 ◽  
Vol 22 (2) ◽  
pp. 383-427
Author(s):  
Yves Guyon
Keyword(s):  
Joint Venture ◽  
Legal Aspect ◽  
Legal Framework ◽  
Services Research ◽  
Marketing Department ◽  
Legal Entity ◽  
Pros And Cons ◽  
Overall Performance ◽  
Business Enterprises ◽  
The Way

Collaboration between different business enterprises has become a must in our days of financial, technical and commercial complexity. It is highly encouraged by governments and businessmen. The traditional legal techniques known and frequently used in Canada appear however to be inadequate in some cases. The French legislator has innovated in the field by creating, in 1967, the legal framework of the Groupement d'intérêt économique (G.I.E.) The G.I.E. is an institution that has the separate legal entity of the corporation while maintaining the joint, several and illimited liability of the partners. The G.I.E. is all the way neutral. It is not aimed to generate direct profits for itself or the partners but allows the involved partners to have a better overall performance. Since 1967, over 9000 G.I.E. have been created in France to cover fields as different as the Airbus joint venture, communal maintenance services, research publicity or marketing department, buying or export offices, etc. This article, written by a leading academic, discusses the different legal aspect of the G.I.E. and explains the pros and cons of the institution.

scholarly journals Views on Exercise Maintenance: Variations Among Patients With Rheumatoid Arthritis

2008 ◽  
Vol 88 (9) ◽  
pp. 1049-1060 ◽  
Author(s):  
Emma Swärdh ◽  
Gabriele Biguet ◽  
Christina H Opava
Keyword(s):  
Rheumatoid Arthritis ◽  
Health Care ◽  
Joint Venture ◽  
Physical Therapist ◽  
External Control ◽  
Personal Factors ◽  
Health Care Environment ◽  
Care Environment ◽  
Exercise Maintenance ◽  
Pros And Cons

Background and Purpose Individuals with rheumatoid arthritis (RA) often have to make changes in exercise behavior in order to gain and sustain health benefits. The purpose of this study was to explore and describe ways of understanding exercise maintenance among individuals with RA who had already started to exercise. Participants Fourteen women and 4 men with RA of at least 2 years’ duration, selected from 4 hospitals or primary health care physical therapy clinics, participated. They had exercised regularly at least twice weekly during the previous 2 months with various levels of support from a physical therapist, and they had attempted to exercise without support outside of the health care environment during the previous year. Method A phenomenographic approach was used to analyze semistructured interviews. A pattern of categories of descriptions was constructed based on the participants’ conceptions and ways of understanding the phenomenon of exercise maintenance. Results Five categories were identified: “external control,” “sticks and carrots,” “a joint venture,” “the easy way,” and “on one's own terms.” The categories became clear by elucidating 2 aspects related to exercise maintenance: (1) the way the participants talked about and experienced the type of support needed and (2) personal factors. Discussion and Conclusion The results highlight the importance of finding the proper context and support for each patient's needs. Furthermore, preparing for exercise maintenance by strengthening the patient's beliefs in his or her ability to exercise in different settings, by discussing pros and cons of exercise, and by exploiting the patient's ability to adapt and continue exercise outside of the health care environment might be valuable.

Visualising global currents of international students between 1999 and 2018

2021 ◽  
pp. 0308518X2110551
Author(s):  
Hengyu Gu ◽  
Zhibin Xu ◽  
Jiansong Zheng ◽  
Tiyan Shen
Keyword(s):  
International Students ◽  
Student Mobility ◽  
Chord Diagram ◽  
Global Circulation ◽  
Pros And Cons ◽  
Research Gap ◽  
Catch Up ◽  
Migration Flows ◽  
The Way

The flows of international students are like the currents of the oceans, not only affecting the individuals adrift in them but the global circulation of policy, economics and academics as a whole, bearing pros and cons for each country or region along the way. To date, there has not been a detailed and elaborate description of the fluxes of international students over decades. In light of the research gap, the article utilises the chord diagram to draw threads between each pair of origin and destination of international students in the last 20 years and divides the periods into four main phases. With each phase exhibiting its specific features, we have tentatively concluded that the global student mobility structure has evolved from Arterial (1999–2003), Breakthrough (2004–2008) to Catch-Up (2009–2013), and lastly, Diversification (2014–2018). Corresponding reasons underpinning each change of the migration flows are also discussed briefly in the article.

scholarly journals TAX LICENCE OF A LEGAL ENTITY – PROS AND CONS

2019 ◽  
Vol 7 ◽  
Author(s):  
Angelika Kútna ◽  
Imrich Antalík ◽  
Norbert Gyurián ◽  
Zoltán Šeben
Keyword(s):  
Agricultural Sector ◽  
Slovak Republic ◽  
Corporate Tax ◽  
Legal Entity ◽  
Main Research ◽  
The Public ◽  
Political Interests ◽  
Pros And Cons ◽  
The Law ◽  
The Impact

In 2013, the Slovak Parliament adopted the Law on Amendments to the Law on Income Tax. One of the most significant changes was the introduction of the Tax License of a Legal Entity. On January 1st, 2018, a minimum corporate tax (the so-called tax license), which was introduced in 2014, was abolished. The main aim of this paper is the evaluation and quantification of the impact which the minimum corporate tax has on the amount of tax liability of a selected group of legal entities in the agricultural sector. The research had tried to find an answer if the tax license abolishment was more in the political interests or if it had some economic background. The main research questions are how has the corporate tax duty increased in the agricultural sector in the Slovak Republic after introducing the minimum corporate tax and how has the tax burden for agricultural holdings increased after introducing the tax license. The analysis presented in this paper confirms that the instrument of introducing the minimum tax is for loss-making sectors, such as the agricultural sector, undoubtedly unfair. On the other hand, the study has confirmed that the public which regularly pays the taxes, agrees with its introduction.

scholarly journals Social Loss Corruption Cases in Indonesia: How Should the Corruptors Punished?

2019 ◽  
Vol 4 (1) ◽  
pp. 65-82
Author(s):  
Suci Nabila
Keyword(s):  
Political Power ◽  
Deterrent Effect ◽  
Death Sentence ◽  
Social Loss ◽  
Pros And Cons ◽  
The Way

Corruption is a serious problem that occurs in a country including Indonesia. Corruption is a problem that has a very big impact on the country and causes a lot of losses that its handling has not been taken seriously. This crime is very difficult to eradicate, because it is usually carried out in a systematic way and involves the authorities or people who hold economic and political power. In various countries the way to punish perpetrators of corruption is very diverse. In Indonesia alone the punishment used is a sentence of imprisonment. But the sentence of confinement in Indonesia is considered to have a deterrent effect. It is appropriate for a corruptor to be given severe sanctions and give a deterrent effect, one of which is a death sentence. But in Indonesia there are pros and cons regarding this death sentence.

scholarly journals Challenges and Opportunities of the Establishment ASEAN Open Skies Policy

2019 ◽  
Vol 06 (03) ◽  
pp. 466-488
Author(s):  
Dodik Heriyanto ◽  
Yaries Putro
Keyword(s):  
Airline Industry ◽  
Free Market ◽  
Legal Framework ◽  
State Sovereignty ◽  
Aviation Industry ◽  
Member States ◽  
Asean Member ◽  
Challenges And Opportunities ◽  
Pros And Cons ◽  
Asean Member State

Open skies policy is a concept of free market of airline industry. It eliminates single government’s influence in regulation and management of aviation industry. As implemented by the ASEAN Single Aviation Market (ASEAN-SAM) per 2015, the open skies policy aims to increase regional connectivity and regional economic growth by permitting airline industries from each ASEAN member states to fly above the Southeast Asian region without any barriers or restrictions. This policy has raised pros and cons from each ASEAN member state. Indonesia and some other states are still reluctant to adopt the open skies policy. By entering into commercial agreement to open their airspace, each member states will challenge their state sovereignty over the airspace above a state’s territory. This study argues that regional open skies policy provides greater economic advantages for the consumers of airline industry. However, this policy does not parallel to the basic principles of ASEAN. State sovereignty must be preserved in the liberalization that open skies represents. ASEAN Way, though inflexible, assigns member states with full sovereignty, which does not limit open skies policy implementation. This study, then, proposed legal framework through model of regional agreement to compromise between the state sovereignty principles and the regional open skies policy.

scholarly journals Actions Ultra Vires Minister of State-Owned Enterprises in the Procurement of Goods and Services at Subsidiaries of State-Owned Enterprises

2020 ◽  
Vol 8 (06) ◽  
pp. 220-225
Author(s):  
Fauzan Prasetya ◽  
Busyra Azheri ◽  
Ismansyah ◽  
Sukanda Husin
Keyword(s):  
Legal Status ◽  
The State ◽  
Legal Entity ◽  
Goods And Services ◽  
Pros And Cons ◽  
The Law ◽  
The Government ◽  
Legal Subjects

The Government through the Minister of State-Owned Enterprises (SOEs) in his position as a Shareholder in SOEs (Indonesian: Badan Usaha Milik Negara (BUMN) enacts the Minister of SOE Regulation Number: PER-15 / MBU / 2012 Regarding Amendments to the Regulation of the State Minister of State-Owned Enterprises Number PER-05 / MBU / 2008 Regarding Guidelines General Implementation of Procurement of Goods and Services of State-Owned Enterprises in SOE Subsidiaries. Which actions have raised the pros and cons of the capacity of the Minister of SOEs as BUMN shareholders in SOE subsidiaries. The legal status of BUMN subsidiaries in the BUMN holding scheme remains a separate legal entity that has their respective organs and responsibilities as regulated in the Law of PT. When the SOE Minister acts on behalf of the State, he is the shareholder of SOE as contained in Article 1 paragraph (1) of the BUMN Law. As a shareholder, the Minister of SOEs can only establish policies towards SOEs. Whereas in SOE Subsidiaries, the shareholders are SOEs as legal subjects. So that the provisions of Article 1 number (2) SOE Ministerial Regulation Number 3 of 2012 whereby the Minister of BUMN cannot act as a shareholder. The enactment of BUMN Permen 15/2012 to SOE Subsidiaries by SOEs Minister in his capacity as BUMN shareholder is an ultra vires action.

scholarly journals THE LEGISLATION IN THE SPHERE OF COUNTERACTION OF CORRUPTION: RUSSIA AND CHINA (COMPARATIVE LEGAL ASPECT)

2017 ◽  
Vol 3 (3) ◽  
pp. 93-98
Author(s):  
Вячеслав Севальнев ◽  
Vyacheslav Sevalnev
Keyword(s):  
Russian Federation ◽  
Legal Aspect ◽  
National Level ◽  
Legal Framework ◽  
Republic Of China ◽  
Legislative Procedures ◽  
Legal Space ◽  
The Russian Federation ◽  
Financial Monitoring ◽  
Monitoring Service

The article considers the actual issues of combating corruption in the Russian Federation and People’s Republic of China. The author conducts a comparative analysis of legislation in the sphere of anti-corruption in Russia and China. The study identified the main approaches in combating corruption in both countries. The author proposes a periodization of the process of formation of anti-corruption legislation in both countries. The author distinguishes three main stages in the development of Russian legislation in the anti-corruption sphere and four stages in the development of similar legislation in China. On the basis of the conducted analysis the author concludes that the anti-corruption legislation of Russia and China, mostly already formed, however, within the legal framework of China, unlike Russia, has not yet been adopted the basic anti-corruption legislative act. The author also notes that in China in anti-corruption legislation widely use a subordinate rule-making and regulations of innerparty character, which can be attributed to regulations at national level, in Russia anti-corruption legislation is divided into the Federal normative legal acts, laws and other normative legal acts of bodies of constituent entities of the Russian Federation and municipal legal acts. The author also notes that PRC authorities in addition to legislative procedures widely use the program to search and return “runaway” officials. This approach is really interesting for the relevant Russian bodies, such as the Federal financial monitoring service and requires further scientific understanding to explore the possibility of using in Russian legal space and law enforcement.

scholarly journals Legal Regulation of Ensuring Nuclear Safety and Security in Ukraine on the Way to European Integration

2020 ◽  
Vol 9 (1) ◽  
pp. 406
Author(s):  
Sergiy Dubchak ◽  
Valentyna Goshovska ◽  
Volodymyr Goshovskyi ◽  
Oleksandr Svetlychny ◽  
Olena Gulac
Keyword(s):  
European Integration ◽  
Legal Framework ◽  
Legal Regulation ◽  
Nuclear Safety ◽  
Nuclear Facilities ◽  
Energy Agency ◽  
Member States ◽  
Eu Member States ◽  
The Eu ◽  
The Way

The article is devoted to the analysis of legal regulation of the sphere of nuclear safety and security of Ukraine on the way to European integration. The authors drew attention to the importance of Ukraine achieving the necessary level of and nuclear sefaty and security adopted in the EU member states. The emphasis was placed on the fact that the prospects for fulfilling national obligations in the field of nuclear safety in accordance with European standards directly depend on solving the problems of ensuring the functioning of nuclear facilities, the physical protection of nuclear materials and installations as well as radioactive waste management. The main directions of ensuring the nuclear safety and secutiry in the world within the international law are considered. The role and activities of the International Atomic Energy Agency (IAEA) in setting up a regulatory framework for nuclear safety and security are analyzed. The international legal framework for nuclear safety and security was discused.The legislative basis for nuclear safety and secutiry in the EU IS characterized. The issue of legal norms unification in the field of nuclear safety regulation of EU member states was considered. The principles of legal regulation of nuclear a safety and security in Ukraine are characterized. Key words: nuclear safety, nuclear security, public administration of nuclear safety and security, legal regulation of nuclear safety and security, European integration, sustainable development in the field of ensuring nuclear safety and security. UDC 35:574:339.9:349.6        JEL Classification: K 23, K 32, K 33,  Q 5

Child Abuse — The Legal Framework

1977 ◽  
Vol 2 (4) ◽  
pp. 13-18
Author(s):  
Richard Chisolm
Keyword(s):  
Child Abuse ◽  
Legal Framework ◽  
Mandatory Reporting ◽  
Previous Issue ◽  
General Picture ◽  
Pros And Cons ◽  
Reporting Laws

A previous issue of this journal has been devoted to child abuse, and of course there is endless discussion in many places of the pros and cons of mandatory reporting laws. But non-lawyers must find it difficult to see the general picture of the laws relating to child abuse. Here is an attempt to provide one.

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