Urgent applications in French administrative justice

The institute of urgent judicial decisions is a special procedure for administrative justice bodies in France, which allows to prescribe effectively and quickly a wide range of necessary measures (from the appointment of expert examinations to the suspension of normative administrative acts) and to protect the legitimate interests of individuals and organizations. There are two main categories of urgent judicial decisions, accordingly their functional purpose. The procedural features of urgent judicial decisions are related to the obligation of the French administrative courts to establish conditions for urgency and the need to prescribe certain measures as a matter of urgency. These criteria, being evaluative, are specified by the jurisprudence of the French administrative courts, according to which the judge determines whether there is a threat of causing immediate and sufficiently serious harm to the interests of the applicant and whether there is a need to take urgent measures, taking into account the circumstances of the case. At the same time, the urgent applications judge does not consider the case, but sets temporary measures that can be changed in the course of further proceedings. The article suggests creating mechanisms in Russian law that are similar to those existing in the French legal regulation of urgent judicial decisions in administrative cases. In particular, the author suggests expanding the powers of Russian courts to suspend normative administrative acts and individual decisions when courts take measures of preliminary protection in administrative claims.

Simplification of Administrative Procedures through Fully Automated Decision-Making: The Case of Norway

Norway has a high degree of digitalisation. In the public sector, there is a long tradition of automation of parts of case management. This includes automation of cases where a public sector body makes a so-called individual administrative decision, that is, a decision made in the exercise of public authority through which the rights or duties of one or more specified private persons are determined. In the last five years, various amendments to public sector legislation were proposed by a number of government departments and agencies in Norway to ensure that the relative administrative agency has a legal basis to carry out fully automated individual decisions. This is challenging both from an administrative law and from a data protection law standpoint. Among the main reasons for the move towards fully automated legal decision-making that are mentioned in the preparatory works to the proposed amendments are greater efficiency in decision-making, equal treatment of citizens and a claim that such decisions will be less prone to error than human decisions. This paper examines this trend in Norway and identifies the statutes and regulations that have been amended or are in the process of being amended. It analyses the measures specified in these amendments to safeguard the individual party’s rights, freedoms and legitimate interests. Finally, it discusses the tightrope that must be walked to safeguard important administrative law principles and rules such as protection from arbitrary decisions, the audi alternam partem rule and the right under the European Union’s General Data Protection Regulation not to be subject to fully automated decisions.

Who Participates in Popular Feasts and Festivals? An Empirical Approach from Cultural Economics Applied to the Carnival of Barranquilla (Colombia)

The empirical analysis of individual participation in local and popular feasts and festivals is a field little explored by cultural economists. This article proposes a methodological scheme to analyse the profile of the participants in local and popular feasts and carnivals, allowing the establishment of a taxonomy that captures the heterogeneity of the participants replicable to other festivities and carnivals around the world. Similarly, participation equations that allow the analysis of the influence of context variables on individual decisions to participate in these types of events are estimated. For this, the Carnival of Barranquilla, the largest and most representative popular celebration in Colombia and declared by UNESCO as Intangible Cultural Heritage of Humanity, is used as a case study. The data were obtained from the Citizen Perception Survey of the Barranquilla Cómo Vamos programme, which evaluates the quality of life and the fulfilment of development plans in that city, and an empirical strategy is employed consisting of the estimation of a probit discrete choice model, which allows modelling the individual decisions of a time-intensive good, such as a carnival, with a strong influence of traditional variables, such as cultural capital and the availability of leisure time, and other context variables: location of people in the territory, stratification and poverty. The different profiles found offer information on the different strategies that can be implemented from public policy to stimulate greater participation by the population in popular festivities and festivals.

Features of application of corporate enterprises management technologies

The purpose of the article is to identify problems in the Ukrainian and European consulting markets, outline key trends and prospects for Ukrainian consulting companies based on the application of European experience. The study aims to determine the characteristics of the consulting market in the domestic and European markets during the crisis caused by the Covid-19 pandemic. The authors identified the state of the consulting industry and the main providers of consulting services in the domestic market. Management consulting in Ukraine is used sporadically in contrast to European countries, cooperation with consultants regularly. The reason is that the vast majority of companies, firms, and companies seek advice in critical situations when their own efforts are simply no longer able to solve existing problems. The authors identified the state of the consulting industry and the main providers of consulting services in the domestic market, provided auditing information, and identified several contradictions and problems of auditing; the number of registered auditors on the territory of Ukraine for 2016-2020 and their structure by regions in 2019 and 2020 were studied as well. The article forms the main trends of the European consulting market in 2021: digitalization, individual decisions, a strategy that moves within the company, high return on investment, growing demand for the technology sector, and restructuring practice. In general, the consulting industry has suffered a significant blow from the Covid-19 crisis, and, according to the latest data, at the end of 2020, it was about 18% lower. However, the prognosis is improving in many European countries as they manage to reduce the number of new coronavirus cases. According to this data, the authors suggest that domestic companies should follow practices: focus their activities on crisis management, quickly adapt customer business to modern conditions, accelerate the pace of digitalization, and use innovations to update strategies.

Status of Polish Priests in the United States 1956-1977

In 1976 the Polish Episcopate made a decision to regulate the status of Polish priests who left for the USA in 1956-1976. In Warsaw, thr work was manages by the Episcopal Secretariat, and in the USA, the coordinating office in Orchard Lake Schools, headed by Rev. Msgr. Alexander Cendrowski. Bishop Wesoły and Rubin from Rome cooperated with the center. On behalf of the American Episcopate, the Secretary General, Archbishop Bernardin, and the head of the Emigration and Tourism Commission Bishop Gracida cooperated. In the years 1956-1976, 356 priests and religious left Poland from 48 dioceses and 14 religious orders, including 165 priests and 186 religious. October 15, 1977 the status of priests was as follows: incardinated priests 52, religious 56; 16 in the incardination process, 17 emeritus, 7 returned to Poland, 33 had problems with incardination, 56 worked as a guest. The worked the most; 42 in Detroit, 41 in Chicago, 20 in Gary, 18 in Brooklyn and Philadelphia, 15 Buffalo, less than 10 in 18 dioceses It was impossibile to establish the status of the other priests they were suspended, sent to the secular state and entered into marriage. After 1978 Polish bishops made individual decisions and, in general, they lifted their suspensions and allowed them to work in the USA.

EXPRESS: The Ties that Bind us: Networks, Projects and Careers in British TV

The dominant view of careers is that they have been transformed by the emergence of ‘post-bureaucratic’ organizations. ‘Neo-bureaucratic’ structures have emerged, retaining centralized control over strategy and finance while outsourcing production, creating employment precarity. British television epitomises a sector that has experienced long-run deregulation. Producing television content is risky highly competitive. How do broadcasters minimise the risks of television production? Broadcasting neo-bureaucracies avoid relying on fragmented labour markets to hire technically self-disciplining crews. Control regimes are enacted through activating social networks by broadcast commissioners, green-lit to trusted creative teams who recruit key crew, through social networks which complement diffuse forms of normative control. Social networks and the self-discipline of crews are mutually constitutive, (re)producing patterns of labour market advantage/disadvantage. Younger freelancers prove vulnerable, exposed to precariousness inherent in freelance employment; to build a career they must access and sustain their social network membership. We locate individual decisions around career narratives in the context of specific social networks and industry structures. Careers are not boundaryless, individual constructs. We introduce the concept of ‘mosaic-career’, capturing the complexity of individual work histories, composed of fragmented employment in organisations/projects. How do neo-bureaucracies, then, intervene in labour markets? What are the consequences of those interventions?

Ethical Aspects of Vaccination

Vaccinations are among the most effective and cost-effective means to reduce the burden of serious infectious diseases. As vaccination rates remain too low to realize the full potential to reduce morbidity and mortality, strategies to increase immunization rates are ethically and economically mandated. Questions to be addressed in this framework are: Which restrictions to individual decisions are ethically acceptable in order to achieve a sufficient protection of the community? Does the individual have an ethical obligation to get vaccinated? Which requirements do vaccines have to fulfill to be ethically acceptable? Five criteria are presented: Proven efficacy/effectiveness, favorable benefit-risk ratio, acceptable benefit-cost ratio, minimized restrictions of the individual, and fair and transparent decision procedures. Depending on how far the five ethical requirements are met, different strengths of recommendations result, from level 1 (do not offer vaccination) to level 5 (vaccination required by law). Ethical issues on the vaccination of children arise if the human right of parents to care for their child are in contrast to the human right of children to receive optimal protection from disease.

Delay-Induced Periodic Behaviour in Competitive Populations

We study a model of binary decisions in a fully connected network of interacting agents. Individual decisions are determined by social influence, coming from direct interactions with neighbours, and a group level pressure that accounts for social environment. In a competitive environment, the interplay of these two aspects results in the presence of a persistent disordered phase where no majority is formed. We show how the introduction of a delay mechanism in the agent’s detection of the global average choice may drastically change this scenario, giving rise to a coordinated self sustained periodic behaviour.

East-West

Expansion of contemporary trade and information exchange relations does not seem to alter significantly the multi-layered requirements of inter-cultural communication. In a very important sense of this term, many of individual decisions related to communication in a multi-cultural environment are inevitably narrowed to single-context world. Only to some extent, this unavoidable limitation of communication on the verge of heterogeneous cultures may be overridden by omnipresent stereotypes and ad hoc generalizations. On a more advanced level of communication, it is the stereotypes that may foster the instances of miscommunication and lead to serious misunderstandings. In the paper, a short account on stereotypes in inter-cultural communication is going to be presented, with some examples of actual instances of miscommunication in Japanese-Polish corporate environment. A proposition of a systematized approach towards the issues and intricacies of Japanese-Polish communication will follow.