The Electronic Seal as a Solution to Prove the Intent of a Legal Entity

Because the digital environment does not recognise national borders and with transactions increasingly taking place across them, an electronic environment that affords interoperability is important for the competitiveness of the European Union. Debate about whether the identification of individuals in the digital environment should be a norm and obligation or, instead, the digital environment should be available as a form of expression of our privacy and anonymity has not waned. Although legal entities act through natural persons, solutions are available whereby a natural person’s e-signature may be replaced in an electronic environment by an electronic seal, or e-seal, of a legal entity. Although the general requirements related to e-seals were established in Estonian legislation already in 2009 and on EU level with the eIDAS Regulation in 2016, the legal meaning of an e-seal has remained unclear in most EU countries, even Estonia, where the uptake of such solutions is widespread. In light of this context, the article examines in which cases the e-seal of a legal entity could be equal in legal meaning to a hand-written signature or an e-signature of a natural person. Thus, the article addresses challenges visible in Estonian and EU-level legal acts that have left the legal meaning of the e-seal unclear. As some EU member states have declared a legal meaning for e-seals divergences among the regulatory approaches examined lead to issues that erode interoperability and the mutual recognition of e-seals in cross-border transactions, both of which would be expected from a genuine digital single market. From the examples of other Member States, a recommendation that the Estonian legislator amend the private-law acts is offered, with recommended wording that should eliminate the gaps in law. In private-law transactions, non-compliance with the form requirements provided by law or agreed upon between the parties generally results in the nullity of the transaction. According to the law currently in force, failure to comply with a requirement for a hand written signature (written form) or with equivalent requirements connected with electronic form as provided for by law constitutes non-compliance with a formal requirement. Should the Estonian legislation be changed in accordance with the suggestions presented, paying attention to its level when using the e-seal remains crucial. At the same time, it is important to take into account the purpose of the formal requirement, the actual intention of the parties, and the principle of good faith when deciding on the consequences, whether of the current law or of potential changes. When one is using a tool other than the parties' agreement (be it an e-signature or an e-seal), it is important to consider the purpose of the agreement if wishing to determine the parties' actual intention and analyse the legal entity's behaviour and, hence, whether the transaction has been performed.

Incorporation of Physical Activity Challenges Within a Sport Education–Based Physical Education Class

This study examined the impact of including a formal requirement of achieving predetermined energy expenditures as part of students’ participation grades during a Sport Education–based college physical education class. Calorie consumption was measured using the Heart Zones Blink 3.0 sensor, and the percentage of students who reached the lesson target was calculated across a 15-week semester. The instructor kept a weekly journal and students participated in interviews at mid and end of term. Results showed that the average calorie consumption across the semester well exceeded the daily targets, while the percentage of students who reached the daily challenge cutoff ranged from 77% to 100% (average = 87%). Analysis of the journal entries and interviews resulted in the generation of four themes: students’ commitment to reaching the activity targets, group-based strategies for achieving physical activity targets, activity consequences of officiating roles, and activity challenges problematized skill development for some. Subscribe to TPE

Is Modern Monetary Theory’s prescription to spend without reference to tax receipts an invitation to tyranny?

A set of policy prescriptions based on Modern Monetary Theory (MMT) have been developed that are independent of the monetary model, which are often presented together, in a context that does not require taxation: guaranteed income, job guarantee and full employment. These are enabled by the ability of a government to deficit spend as needed, as long as government controls its sovereign currency. Here I raise the concern that implementing MMT accounting could cause increases in political power inequality relative to citizens not seen since the medieval era or before. The assumption that spending and tax policy in an MMT system would occur as proponents expect is contradicted by the history of political choices regarding spending and taxation over the past half-century. The record of behaviour by politicians in the nations where foreign aid money “fell from the sky,” thus divorcing national income from the tax base, also contradicts this idea. With removal of the formal requirement for taxation, politicians operating in an MMT system will have little inherent reason in the short term to treat citizens well except moral suasion. This should provide a foundation for tyranny unparalleled in modern history. Incorporating progressive taxation into MMT’s corpus, for the express purpose of economic and political stability, is suggested in order to achieve the overall aims of the MMT policy advocates. However, this may not be sufficient. In addition, considering increasing the role of governors/leaders of states within the monetary unions may be useful, because those governments do need to follow the old rules of taxation to support spending, and this may provide a counterweight.

A Proposal: The Beginning of a Notary Deed for Sharia Banking Deals

A Notary Deed, if made with a Notary deed, must still be based on the provisions of Article 38 Notary Position Act as a formal requirement that must be fulfilled so that the deed is legally valid. If the deed is not implemented by Article 38 Assignment of Mortgage Rights, there has a sanction based on the provisions of Article 41 Notary Position Act. It is emphasised that the violation of the provisions of Article 38 Notary Position Act will result in the deed only having the value of evidentiary power as an underhand. Such a deed has its position degraded from an authentic deed to have the value of evidentiary power as an underhand deed following the provisions of Article 1869 of the Civil Code. So that the Sharia Banking deed made with a Notary deed is substantially under Sharia Principles and normatively per Article 38; especially paragraph (2) of the Notary Position Act. For Sharia banking, it can be done by transfer. Including the provisions of the opening sentence on the contents of the deed or a separate sheet of paper.

Emerging Radionuclides in a Regulatory Framework for Medicinal Products – How Do They Fit?

Recent years have seen the establishment of several radionuclides as medicinal products in particular in the setting of theranostics and PET. [177Lu]Lutetium Chloride or [64Cu]Copper Chloride have received marketing authorization as radionuclide precursor, [68Ga]Gallium Chloride has received regulatory approval in the form of different 68Ge/68Ga generators. This is a formal requirement by the EU directive 2001/83, even though for some of these radionuclide precursors no licensed kit is available that can be combined to obtain a final radiopharmaceuticals, as it is the case for Technetium-99m. In view of several highly promising, especially metallic radionuclides for theranostic applications in a wider sense, the strict regulatory environment poses the risk of slowing down development, in particular for radionuclide producers that want to provide innovative radionuclides for clinical research purposes, which is the basis for their further establishment. In this paper we address the regulatory framework for novel radionuclides within the EU, the current challenges in particular related to clinical translation and potential options to support translational development within Europe and worldwide.

1 Introduction: The Modern Splendour of Customary International Law

This chapter depicts the discursive splendour of customary international law, which is portrayed as a splendid mechanism by virtue of the sophisticated discursive performances it enables and demands. It introduces the success and plausibility of any argument about customary international law in international legal thought and practice that commonly hinge on a myriad of discursive performances. It also sheds light on the discursive splendour of a legal doctrine that is too often perceived as miserably simple, plain, or malfunctioning doctrine. The chapter provides an overview of the discursive performances of customary international law, which are construed as responses to the formal requirement of ascertaining the constitutive elements of customary international law. It elaborates how the customary international law provides international law with a law-creative process that is not dependent of the adoption of a formal written instrument.

Diffusing Democracy in Europe: The European Parliament and European Community Enlargement Policy 1974-79

The article explores the role of the European Parliament (EP) in European Community (EC) Southern enlargement policy during the phase of democratic transitions in Greece, Portugal and Spain. It demonstrates how the EP insisted on adherence to core democratic principles as a condition for any accession negotiations, in particular the holding of free and fair parliamentary elections. Furthermore, the article shows how the EP made strategic use of the Southern European democratic transitions to demand the democratisation of the EC and the EP itself, with the holding of direct elections to the EP as its primary demand. Moreover, it discusses the EP’s attempt to make the observance of democratic principles a formal requirement of EC membership, both for applicant countries and for existing member states. Finally, it reconstructs the EP’s relations with counterparts in Greece, Portugal and Spain, which were intended to prepare the baselines of enlargement policy and EC accession.

The Second Anniversary of the Institution of Financial Commissioner in Russia: Unobvious Law Enforcement Issues

This article discusses some of the current problems identified during the two-year operation of the Law on the financial Commissioner. The authors compare the goals of the adoption of this law with the results of its application, pay attention to the problems associated with the implementation of the principle of equality of all before the law and the court in connection with its entry into force. The article expresses concerns about the possible degeneration of the procedures provided for by law into a formal requirement to comply with the pre-trial procedure for applying to the court for protection of the right. The article also draws attention to some uncertainty in the question of the period of time from which the appeal to the financial Commissioner is mandatory. Issues related to the imperfection of the terminology used in the law are highlighted separately. Possible solutions are offered for the problems raised in the article.