Structured, formal engagement of stakeholders in public policy – The case of An Fóram Uisce (The Water Forum)

This paper examines the operation of An Fóram Uisce (The Water Forum) and its role as a statutory body in formally engaging stakeholders in policy deliberation at the national level. An Fóram Uisce was established in 2018 and consists of twenty-six members, including stakeholders from agriculture, fisheries, business, trade unions and environmental organisations. The research finds a number of benefits of An Fóram as a means of stakeholder engagement. An Fóram is gradually evolving a role for itself in highlighting or putting an issue on the political and public agenda, and helping determine ways in which problems are addressed. It also provides members with a means of developing a shared understanding of the issues and agreeing potential solutions. Limitations exist, however. Notably, there is limited evidence to date of the impact of An Fóram on policy development in practice.

“TRUE” JURISDICTIONAL QUESTIONS AND THE IRRELEVANCE OF A CERTIFICATE OF OUTCOME Bombardier Transportation (Pty) Ltd v Mtiya NO [2010] 8 BLLR 840 (LC)

In the context of proceedings before the Commission for Conciliation, Mediation and Arbitration (“the CCMA”), the concept of “jurisdiction” generally refers to the authority of the CCMA to conciliate and arbitrate disputes between parties. The CCMA is an independent statutory body established in terms of section 112 of the Labour Relations Act 66 of 1995 (“the LRA”). It does not enjoy the wide powers of inherent jurisdiction and, furthermore, does not derive its jurisdiction from the common law, performing only the functions indicated by labour-related statutes such as the LRA. If there is a dispute about the fairness of a dismissal, or a dispute aboutan unfair labour practice, the dismissed employee or the employee alleging the unfair labour practice may refer the dispute in writing to the CCMA if no bargaining council has jurisdiction. Such a referral must generally be made within 30 days of the date of a dismissal or within 90 days of the date of the act or omission which allegedly constituted the unfair labour practice. The CCMA must attempt to resolve such a dispute through conciliation. If a commissioner has certified that the dispute remains unresolved, or if 30 days have expired since the CCMA received the referral and the dispute remains unresolved, the CCMA must arbitrate the disputes referred to in section 191(5)(a) upon request. Given the wording of such provisions, it is unsurprising that employers have requested conciliating commissioners to make in limine rulings on matters pertaining to the nature of the dispute (including whether or not the case involves a “dismissal” at all), time limits and applications for condonation and the identity of the parties (in particular, whether the applicant meets the definition of an “employee”). Section 192(1) of the LRA may support the validity of such a request at conciliation. It states that in any proceedings concerning any dismissal, the employee must establish the existence of the dismissal. Such an approach raises a number of questions. For example, are such matters really best dealt with as a point in limine prior to any attempt being made to conciliate the matter, or should they form part of the evidence at arbitration in cases where the dispute could not be conciliated? In addition, what is the effect on jurisdiction of a conciliating commissioner’s certificate of outcome indicating that a dispute remains unresolved? Such matters were raised for adjudication in Bombardier Transportation (Pty) Ltd v Lungile Mtiya NO (Unreported Case No. JR 644/09, Labour Court) (“Bombardier”).

Porušení péče řádného hospodáře – subjektivní, nebo objektivní odpovědnost za škodu?

This article deals with the legal basis of due managerial care, whose nature determines the rules applied in case of a breach of due managerial care concerning damages. The article summarizes recent professional discussions on the topic and deals with three major theoretical approaches defining due managerial care either as an obligation from law, or an obligation from contract, or an obligation sui generis. The article discuses arguments for and against each approach, puts forward the author’s critics regarding the mentioned discourses, and brings the author’s own look at the problem, the key point of which is the necessary consistency of a conclusion not only for a statutory body, but also for other elected bodies of a legal person.

The supervisory board as an instrument of internal corporate governance in a limited liability company

The supervisory board is a body of authority in the company treated as the basic internal mechanism of corporate governance. The aim of this article is to indicate the importance of the corporate supervision using the example of the supervisory board as a statutory body exercising permanent supervision over the activities of a limited liability company. The study attempts to determine what powers of the aforementioned body should be extended in the articles of association and, optionally, in other corporate documents. This article has been written from a perspective of a legal-dogmatic approach that forms the basis of the analysis of the presented problems, using applicable legal provisions and relevant literature. The conducted analysis shows that the power of the supervisory board cannot be increased in a way that infringes the functions of other company bodies. The supervisory board is expected to be involved in the day-to-day operations of the limited liability company and to make strategic decisions.

Research Orientation Among Undergraduate Medical Students

There is increased demand for doctors in India and elsewhere throughout the world. Considering this, the government of India has taken initiatives to increase the number of medical colleges, thereby produce enough medical graduates to cater to the ever-increasing population of the country. Also, there is a debate over the quality of medical education provided by medical institutions. Therefore, the National medical council (NMC), the statutory body instituted by the government of Indiafor governing medical practice and education, had taken several initiatives to improve the quality. One among them is the introduction of Medical Education Technology (MET) as a mandatory requirement for the teaching faculty. Another significant development in this direction is the change of curriculum that focuses more on the mandatorystudent’s competencies in the patient management perspective. The new curriculum creates a space for students to perform research projects for a period of two months after the completion of the third year of study. We, therefore present a clear perspective on the teacher, learners’ attitudes along with the overview of benefits and types of research.

An Investigation Into the Use of “Hybrid” Adjustment Techniques in the Application of the Sales Comparison Method in Residential Valuation

The sales comparison is the most common and universally accepted method in valuation. Although the theoretical entry point of the method is the same across most continents, its application in practice is varied and often determined by local circumstances. This often necessitates the modification of the method. For instance, while Zambian valuation practice uses this method in residential valuation, its application goes beyond the basic valuation model, incorporating a less known technique called the “reduced floor area (RFA)” technique. The RFA technique is a form of relative importance (weight) concept which assesses ancillary buildings on site relative to the main use; for residential properties this is the main house on site. Despite its obscurity in valuation literature, practitioners find its use acceptable within the dictates of local circumstances. Nonetheless, the lack of documentation means knowledge on the technique is transmitted verbally from senior valuers to graduates, and its application is not consistent across the profession, contributing to variances in the assessed values. This necessitates detailed scrutiny of the technique. Data for the study was collected from the Valuation Surveyors Registration Board (VSRB), a statutory body responsible for licensing valuers and regulating valuation practice. This is the first time the RFA technique is being discussed in a scholarly article.

Taking Constitutionalization Seriously: European IP Law, Weak Fundamental Rights and the Network of Courts

A set of three recent decisions delivered by the CJEU – Spiegel Online,1Pelham2 and Funke Medien3 – deepens the widespread interpretation of European IP law through the lenses of constitutionalization. While there is no unitary understanding of constitutionalization, many scholars associate it with the growing influence of fundamental rights on European IP law – both within and beyond the statutory body. In fact, the case law provides plenty of evidence on how the Charter of Fundamental Rights and proportionality – its central method – is deployed to steer the implementation of EU law by domestic courts. However, as the said decisions also show, there are still a lot of questions and frustration. While we have to acknowledge that the CJEU takes fundamental rights into account when interpreting IP law, some critics see deficits when the Court strictly rejects the idea of external limitations on exclusive copyrights. European fundamental rights are – obviously – not a trump card. This article aims to clarify some misleading aspirations by re-examining both the idea of constitutionalization and its impact on European IP law. It will argue that weak or evasive fundamental rights are not necessarily a sign of deficient constitutionalization, they might rather be the consequence thereof.

Examining the Taxation Profession in Australia – A Framework

This paper examines the nature of the taxation profession in Australia and its development over the past three decades and then suggests a framework to analyse important initiatives that have taken place during this period. Using secondary sources and the organizing principles of State, Market and Community (Puxty et al., 1987), we begin with the subject of tax policies and legislation introduced by the state and its impact on the tax profession in Australia. We follow this with a discussion relating to the recognition of Australian tax practice as a profession. The paper then focusses on two key areas of professional development during the last three decades, namely: tax law and tax administration. The paper finds interesting issues relating to professionalization of taxation in Australia. With the involvement of the state, market and the society over the last three decades, there is a requirement to recognise taxation practice as a profession in Australia. The paper suggests that the establishment of the Tax Practitioners Board[1], a statutory body to regulate the taxation profession in Australia, in conjunction with approved professional associations, may have enhanced the effective maintenance of the tax profession which has contributed to social, political and economic development in Australia. [1] The Minister for Revenue and Financial Services appoint the Board, so there is some degree of control by the state.

PERFORMANCE OF COIR INDUSTRY OF INDIA

Coir is the actually waste product of the coconut which is the outer shell of coconut and how this waste is converted into the best products, is the journey of coir industry in India. Coir products are exported to more than 80 countries in the world. India is the largest producer and exporter of the coir and coir products. India contributes 80% of the world's production of coir. Coir Board is the statutory body which works for the development of coir industry. The study focus is to evaluate the contribution of coir industry in terms of exports, employment, what incentives are offered by the coir board and MSME (Micro, Small and Medium Enterprises) ministry to the coir industry and find out the challenges faced by the coir industry.