Möglichkeiten und Grenzen der landesplanerischen Steuerung des Windenergieausbaus

The expansion of onshore wind energy is faltering. The federal states, which can control the expansion through goals and principles in state-wide spatial plans, have a share in this. The study shows that the associated restriction of the freedom to build is subject to the principle of proportionality as a content and limitation provision of property. Based on the system of spatial control of wind energy in the BauGB (Federal Building Code). and ROG (Regional Planning Act), a substance requirement for the use of wind energy in outdoor areas is derived from the privilege in § 35 para. 1 No. 5 BauGB. On the basis of the specifications in state-wide spatial development plans, it is evaluated to what extent protective goods, such as immission control or acceptance, can be used as justification.

GROUNDS FOR ANIMAL RESCUE PURSUANT TO ARTICLE 7(3) OF THE ANIMAL PROTECTION ACT OF 21 AUGUST 1997 IN REGARD TO THE INSTITUTION OF A COLLISION OF DUTIES UNDER ARTICLE 26 § 5 OF THE CRIMINAL CODE

The article discusses the conditions for the emergency receipt of animal from the owner in accordance with Art. 7 sec. 3 of the Act of August 21, 1997 on the protection of animals and indicates the need to enrich them with the premises for excluding criminal liability under Art. 26 § 5 of the Penal Code. The main research problems of the study are the premises of the proper and legal emergency receipt of animal from the owner within the meaning of Art. 7 sec. 3 of the Act, including an indication of when such behaviour is legal and when it is illegal, and a detailed specification of the scope of responsibilities of the person who performs the collection of the animal towards the owner of the received animal. According to Art. 217 of the Code of Criminal Procedure in connection with Art. 220 of the Code of Criminal Procedure only law enforcement agencies, including the prosecutor, police officers and other bodies authorized by the law, may search the apartment / land. Authorized representatives of a social organization whose statutory purpose is to protect animals do not have this competence, therefore they are required to cooperate with police officers in the scope of searches. The article shows that in the event of the emergency receipt of animal from the owner in accordance with Art. 7 sec. 3 of the Act, in the absence of Police officers and with the opposition of the owner of the apartment / land, there is no violation of the legal interest of protection of the home if the perpetrator acts in accordance with the principle of subsidiarity and the principle of proportionality underlying Art. 26 § 5 of the Criminal Code.

EU Data Protection and the Principle of Proportionality

This paper explores the principle of proportionality in the context of EU data protection. The paper starts by setting out the basics of EU data protection at the EU level and explains why it is so interesting in the context of proportionality. The paper will briefly set out some of the main debate on proportionality before looking at some recent EU cases on data protection where the principle of proportionality has played a key role. The final part of the paper uses the Swedish derogations from the GDPR as a test case of a lack of proportionality.

THE RIGHT TO TERMINATE NON-COMPETITION AGREEMENTS DURING THE STATE OF EPIDEMIC EMERGENCY OR STATE OF EPIDEMIC, ANNOUNCED ON GROUNDS OF COVID-19. COMMENTS DE LEGE LATA AND DE LEGE FERENDA

In Art. 15 gf of the Act of 2 March 2020 on special solutions relating to the prevention, counteraction and combatting COVID-19, other infectious diseases and the resulting crisis situations, the legislator introduced a right to terminate non-competition agreements. The purpose of this article is to examine if that right does not interfere excessively with the interests of employees, mandatories and contractors, and if it does not disturb the balance between the parties to non-competition agreements. The research problem is analysed on several levels. The constitutional approach is adopted (in terms of compatibility with: the principle of a democratic state ruled by law; principle of proportionality; principle of equality before the law). Also, interpretation of the examined provisions is presented and complexities it may trigger in practice. Conclusions of the performed analysis are a basis for the presented amendment proposals intended to mitigate the negative consequences of the examined provisions.

Perlindungan Hukum Terhadap Notaris dalam Pelaksanaan Jabatan Notaris Berdasarkan Teori Keseimbangan Berbasis Keadilan

<span>Notary has two sides were attached, namely as an individual Indonesian citizens and public officials appointed by the competent authority. As a Notary as a holder of the office of Notary who performs duties as a public official appointed by an authorized official. Notary as an individual has a position as an Indonesian Citizen based on his personal identity as an Indonesian Citizen. The legal protection provided to the Notary is based on the position of the Notary as a public official appointed by an authorized public official, not legal protection as an individual Indonesian Citizen. Although the two are attached together but related to legal protection, there is a separation of the two positions. Legal protection of Notaries as individual Indonesian Citizens has been regulated by regulations already in Indonesia and related to the human rights of individual Indonesian Citizens while legal protection of Notaries as public officials is a topic of discussion that will be discussed further. Discuss the legal protection for Notaries in the performance of their duties by reviewing based on the principle of proportionality. Legal protection for Notaries in the performance of their office is now something important because many Notaries are criminalized in the performance of their office. The research method used for this research is normative research. This research is a <em>prescriptive analysis. </em>In this research, using the approach, the approach of legislation <em>(Statue Approach)</em> and conceptual approach (<em>Conceptual Approach</em>).</span>

Economic Analysis of Law and Protection of Economic and Social Rights

The article reveals the mechanism of ensuring human rights through the prism ofeconomic analysis of law and weighing of constitutional values. The relationship between the economicanalysis of law and the principle of proportionality as criteria for the protection of economic andsocial rights is to ensure a balance of private and public interests. The principle of proportionalityis important in defining the non-discrimination and guaranteeing equal access to social assistance.The first part reveals the role of constitutional justice in protecting economic and social rights.The Constitutional Court of Ukraine protects economic and social rights in accordance with theconstitutionally conforming interpretation of laws pursuant to doctrines of direct action and thehorizontal effect of human rights. The second part of the paper focuses on the role of administrativejustice in the protection of social rights, in particular in the light of the legal construction of humanrights. Finally, differentia specifica protection of the social rights on the example of the right tofreedom of choice of occupation and profession and the right to medical care are highlighted. Thedoctrine of the duty to protect orients the government first of all to provide the infrastructure forthe realization of human rights while respecting human dignity and to take negative and positiveactions to ensure human rights.

Thailand’s Law on Criminal Online Falsehoods: A Critical Discussion

This article critically discusses the Thai criminal law applicable to online falsehoods, namely Section 14 para. 1(1) and (2) of the Act on Computer-Related Offences. Linking developments in Thailand to global and Southeast Asian fake news discourses, the article’s main part sheds light on several interpretational and constitutional complexities. Conflicting concepts of falsity and an uncertain ambit of protected interests are found to persist despite legislative amendments. As the right to freedom of expression in principle also protects false factual statements, recent constitutional jurisprudence on the principle of proportionality is applied to evaluate the prescribed level of criminal punishment. The article provides an in-depth analysis that contributes to the evolving scholarship on the challenges of regulatory responses to fake news.

The Principle of Proportionality, Article 8 of the ECHR and Swedish Care Orders in Cases of Neglect. A Sketch of a Theoretical Framework

This study conducts an analysis of the rights in article 8 of the ECHR and the application of the proportionality principle when Swedish care orders may be regarded as a necessary interference in family life. The study has been based on an interdisciplinary approach. Text documents were studied through socio-legal methods and perspectives, by combining knowledge from legal sources and social sciences research through a content analysis derived from formal and substantive legal certainty. The article concludes that reasoning in Swedish administrative courts should routinely consider proportionality in cases of neglect, and sets out to sketch a theoretical framework for the principle of proportionality in decisions on care orders. The results show that, since decisions in child welfare cases cannot be made completely uniform and predictable, the focus of decisions in social child welfare work must be to satisfy the objectives and values of substantive legal certainty, instead of unrealistically striving for formal legal certainty through equal treatment and predictability. The results also show that, by requiring those who exercise public authority to present their assessments based on proportionality, new demands are made for the quality and efficiency of involuntary out-of-home placements. Child welfare investigations should nowadays include impact assessments that clarify the advantages and disadvantages of the care in relation to the risk of harm from the original home conditions. Abuse and neglect in out-of-home placements will therefore be of growing importance in decisions on care orders in the future.

Mandatory Vaccination during the Period of a Pandemic: Legal and Ethical Considerations in Europe

The present study explores the pressing matter of mandatory vaccination in Europe from an ethical–constitutional perspective. To start with, it considers the bases of the concerns that have been raised to date, as well as those of the documented opposition. This is followed by an analysis of the applicable European legal framework and a discussion on mandatory vaccination in the workplace, education and the leisure industry, before outlining the conclusions reached. The position taken by this paper is that as long as certain conditions are met, mandatory vaccination does not violate fundamental rights. On the contrary, provided that the principle of proportionality is satisfied, mandatory vaccination as a form of medical intervention constitutes a manifestation of the obligation on the part of the state to protect the fundamental rights to life and health.

An assessment of sentencing approaches to persons convicted of white-collar crime in South Africa

Assessing court sentencing approaches to persons convicted of white-collar crime is a complex task. For the purposes of this article, this research task involved assessing the appropriateness of sentences imposed within the proportionality principle during the period 2016 to 2021 in South Africa. This further involved the empirical use of both qualitative and quantitative methodologies, in order to determine how commercial courts – in this case, the Bellville Commercial (Regional) Court – impose a sentence on white-collar criminals. The article establishes that, in South Africa, categories of white-collar crime such as corruption, racketeering, fraud and money laundering are increasingly reported by the media, independent institutions and government. There is a public perception that courts are generally lenient in sentencing white-collar offenders. This article aims to determine the appropriateness of a sentence, within the principle of proportionality, for white-collar criminals, in order to deter this type of crime.