scholarly journals L'action d'intérêt collectif

2005 ◽  
Vol 25 (3) ◽  
pp. 553-578
Author(s):  
Pierre Verge
Keyword(s):  
Collective Action ◽  
Public Interest ◽  
Legal Protection ◽  
Common Interest ◽  
Personal Interest ◽  
Collective Actions ◽  
Pluralistic Society ◽  
Collective Interest ◽  
The Public ◽  
The Common

Group action is inherent to a pluralistic society. In various fields, numerous bodies purport to defend and promote the common interest of their members which is also the raison d'être of the group. How receptive is the judicial system to attempts by such groups to legally defend the common aim ? « Collective actions » are brought to assure the legal protection of a collective value which is not of a general societal nature as is the public interest. However, their purpose is not to defend the subjective patrimonial interest of the members of the group or even of the group itself. The underlying collective interest is first to be objectively identified in order not to unduly curtail the reception of the collective action; then it is for the Court to establish whether there is a sufficient relationship between the collective interest and the general objects of the group, as officially defined, in order to allow the latter to act. This analysis of the « sufficient interest », as required by Sec. 55 C.C.P., it is suggested, appears to be more adapted to the nature of the collective action than the immediate requirement of a « direct and personal » interest from the group, at least if this notion is to be understood as involving some form of patrimonial interest, as in most trials.

scholarly journals Constitutional measurements of public interest, protected in the performance of executive activity

2021 ◽  
Vol 16 (1) ◽  
pp. 10-30
Author(s):  
Raina Nikolova
Keyword(s):  
Public Interest ◽  
Fundamental Rights ◽  
Common Interest ◽  
The Public ◽  
The Common

The public interest in carrying out enforcement activities in a constitutional sense is to provide guarantees for compliance with the fundamental principles. In order to exercise the fundamental rights of citizens in the performance of their enforcement activities, the common interest can be formulated by imposing restrictions on them.

Values and Interests

1962 ◽  
Vol 56 (3) ◽  
pp. 567-576 ◽  
Author(s):  
Vernon Van Dyke
Keyword(s):  
Interest Groups ◽  
Public Interest ◽  
National Interest ◽  
Foreign Affairs ◽  
Common Interest ◽  
The Public ◽  
Considerable Confusion ◽  
The Common ◽  
Frequent Reference

Most political scientists concern themselves in one way or another with values and interests. References to values are ubiquitous in the literature, and one need only cite such terms as interest groups, the public interest, the common interest, and the national interest to recall the frequent reference to interests.The two words have already been discussed a great deal. Even so, there is considerable confusion about their meaning and about the interrelationships of their meaning. Rather than serve as effective tools for incisive analyses, they frequently lead into intellectual traps; and rather than serve as clear symbols for communication, they frequently lead to misunderstanding. These difficulties have been especially great in the field of foreign affairs, where so much has been made of the concept the national interest.

scholarly journals The Principle of Sustainable Development as the Basis for Weighing the Public Interest and Individual Interest in the Scope of the Cultural Heritage Protection Law in the European Union

2021 ◽  
Vol 13 (7) ◽  
pp. 3985
Author(s):  
Adam Kozień
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Cultural Heritage ◽  
Public Interest ◽  
Legal Protection ◽  
Individual Interest ◽  
The European Union ◽  
European Union Law ◽  
Environmental Aspect ◽  
The Public

The concept of sustainable development is widely used, especially in social, environmental and economic aspects. The principle of sustainable development was derived from the concept of sustainable development, which appears in legal terms at the international, EU, national and local levels. Today, the value of cultural heritage that should be legally protected is indicated. A problematic issue may be the clash in this respect of the public interest related to the protection of heritage with the individual interest, expressed, e.g., in the ownership of cultural heritage designates. During the research, scientific methods that are used in legal sciences were used: theoretical–legal, formal–dogmatic, historical–legal methods, as well as the method of criticism of the literature, and legal inferences were also used. The analyses were carried out on the basis of the interdisciplinary literature on the subject, as well as international, EU and national legal acts—sources of the generally applicable law. Research has shown that the interdisciplinary principle of sustainable development, especially from the perspective of the social and auxiliary environmental aspect, may be the basis for weighing public and individual interests in the area of legal protection of cultural heritage in the European Union. It was also indicated that it is possible in the situation of treating the principle of sustainable development in terms of Dworkin’s “policies” and allows its application not only at the level of European Union law (primary and secondary), but also at the national legal orders of the European Union Member States.

scholarly journals WYBRANE ZAGADNIENIA WŁASNOŚCI ZABYTKÓW I DZIEŁ SZTUKI W PRAWIE PRL-U

2016 ◽  
Vol 11 (2) ◽  
pp. 171 ◽  
Author(s):  
Alicja Jagielska-Burduk
Keyword(s):  
Cultural Heritage ◽  
Public Interest ◽  
Legal Status ◽  
Private Property ◽  
Cultural Property ◽  
Future Generations ◽  
The Public ◽  
Common Heritage ◽  
Works Of Art ◽  
The Common

LEGAL STATUS OF CULTURAL PROPERTY AND WORKS OF ART IN THE PRL Summary The article deals with the legal status of works of art and cultural property in the Polish legislation during communism period. Classifying those objects as private property was considered as a very difficult task, because of their material value and the public interest in saving them for future generations. The strict limitations of individuals property were perceived as unusual and as a result a new sort of property – the private cultural property was distinguished. Moreover, the concepts of the common heritage and res extra commercium could be observed in the light of the PRL ideas. It should be emphasized that the above mentioned theories for improving cultural heritage regulations are the most popular in the nowadays’ international discussion.

Actions on the case for nuisance

2019 ◽  
pp. 640-668
Author(s):  
John Baker
Keyword(s):  
Public Interest ◽  
The Public ◽  
The Common

This chapter shows how actions on the case were used both to supplant the assize of nuisance and to provide remedies for types of nuisance not within the assize. The King’s Bench allowed case to overlap with the assize, but this was opposed by the Common Pleas until 1601, when the King’s Bench view prevailed. The assize was chiefly concerned with easements and profits. But there were new difficulties over the extent to which neighbours had to put up with disagreeable activities and processes which disturbed their comfort. These were discussed in a case of 1569 concerning ancient lights in London, and in a leading case of 1629 concerning the use of sea-coal by a London brewery. The 1629 case seems to have resulted in judicial deadlock, but the judges agreed on the principle of ‘necessity’, meaning that activities which were desirable in the public interest should be protected.

Privacy in the 21st Century

2015 ◽  
pp. 1638-1652
Author(s):  
Panagiotis Kitsos ◽  
Aikaterini Yannoukakou
Keyword(s):  
Public Interest ◽  
Focal Point ◽  
Personal Information ◽  
Open Data ◽  
Personal Data ◽  
Common Denominator ◽  
Patriot Act ◽  
The Public ◽  
Personal Data Protection ◽  
The Common

The events of 9/11 along with the bombarding in Madrid and London forced governments to resort to new structures of privacy safeguarding and electronic surveillance under the common denominator of terrorism and transnational crime fighting. Legislation as US PATRIOT Act and EU Data Retention Directive altered fundamentally the collection, processing and sharing methods of personal data, while it granted increased powers to police and law enforcement authorities concerning their jurisdiction in obtaining and processing personal information to an excessive degree. As an aftermath of the resulted opacity and the public outcry, a shift is recorded during the last years towards a more open governance by the implementation of open data and cloud computing practices in order to enhance transparency and accountability from the side of governments, restore the trust between the State and the citizens, and amplify the citizens' participation to the decision-making procedures. However, privacy and personal data protection are major issues in all occasions and, thus, must be safeguarded without sacrificing national security and public interest on one hand, but without crossing the thin line between protection and infringement on the other. Where this delicate balance stands, is the focal point of this paper trying to demonstrate that it is better to be cautious with open practices than hostage of clandestine practices.

scholarly journals Public Interest Immersed in the Field of Information Environment: How has Japanese Interest in Energy and Environmental Problems Varied?

2018 ◽  
Vol 02 (02) ◽  
pp. 1850005
Author(s):  
Teruaki Ohnishi ◽  
Keiji Shimano
Keyword(s):  
Global Warming ◽  
Public Interest ◽  
News Media ◽  
Public Memory ◽  
Environmental Problems ◽  
Information Environment ◽  
Public Knowledge ◽  
Collective Interest ◽  
The Public ◽  
Virtual Field

We studied the relevance of the secular variation of Japanese interest in energy and environmental problems to the information primarily released by the news media. From the investigation of the extent of public interest in three matters, the global warming, the energy saving and nature, all indicated by opinion surveys, the number of newspaper articles and the frequency of Internet retrieval search, we proposed a model such that the public interest along with the acquired public knowledge were given as a function of public memory of the information primarily provided by the news media. The society was assumed here to be immersed in a virtual field of information environment, which induced the collective interest of the public and was proportional in strength to the extent of the public memory with oblivion. Introducing two types of oblivion function, we found the model to well reproduce the real time-variation of the Japanese interest, except for the case of nature, almost irrespective to the form of the function. Some comments were made on the attenuation of the public interest that occurred when the field became weakened.

The Crisis over the Imia Rocks and the Aegean Sea Regime: International Law as a Language of Common Interest

1997 ◽  
Vol 12 (4) ◽  
pp. 427-446 ◽  
Author(s):  
Evangelos Raftopoulos
Keyword(s):  
International Law ◽  
Public Interest ◽  
Aegean Sea ◽  
Common Interest ◽  
Peace Treaty ◽  
The Public ◽  
Territorial Sovereignty ◽  
Abstract Notion ◽  
Pragmatic Dimension

AbstractSovereignty is a concept of international public interest. In the case of the Imia Rocks, the public interest nature of territorial sovereignty may be found in the undisputed treaty delimitation of the archipelagic entity of the Dodecanese Islands between Italy and Turkey, 1932, and the Peace Treaty of Paris, 1947. Turkey's subsequent conduct, its signature without reservation of the Helsinki Final Act and its claim for the bilateralisation of the Aegean Sea Dispute Agenda on the basis of a geo-political equity are all evidence of the acceptance of the delimitation regime of the Aegean Sea. The public interest regime of the LOS Convention makes questionable Turkey's recourse to the abstract notion of a "semi-enclosed" sea and provides the basis for understanding the pragmatic dimension of the Imia Rocks crisis in the light of the protection and promotion of international common interest.

scholarly journals The standing of the public interest

2016 ◽  
Vol 2 (49) ◽  
pp. 46 ◽  
Author(s):  
Amitai Etzioni
Keyword(s):  
National Security ◽  
Public Interest ◽  
Common Good ◽  
A Priori ◽  
Individual Rights ◽  
The Public ◽  
The Common Good ◽  
Technological Developments ◽  
The Common ◽  
Liberal Communitarianism

Liberal communitarianism holds that a good society is based on a carefully crafted balance between individual rights and the common good; that both normative elements have the same fundamental standing and neither a priori trumps the other. Societies can lose the good balance either by becoming excessively committed to the common good (e.g. national security) or to individual rights (e.g. privacy). Even societies that have established a careful balance often need to recalibrate it following changes in historical conditions (such as the 2001 attacks on the American homeland) and technological developments (such as the invention of smart cell phones).

Sign in / Sign up

Export Citation Format

Share Document