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The article specifies the rule-regime for the context of subordinate legislation and the law of judicial review around legislative delegation using the Vavilov case. Topics discussed include principles and doctrinal design of rule-regime for administrative actions such as executive legislation, Vavilovian reasonableness concerning the principles of statutory interpretation and legal scope of regulatory action, Vavilov's constitutional commitments, and review of subordinate instruments.

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Laws can address harms in two distinct yet intersecting ways. They may intervene to prevent harms from occurring, or they may allow harms to arise and then try to cure them. Whether operating separately or in tandem, prevention and cure approaches pervade laws, policies, and individual actions. A landlord may exercise prevention via a "no pets" policy, or she may opt for cure by requiring pet owners to pay a damage deposit and cleaning fee. Alternatively, a combination of prevention and cure governs motorist behavior. Speed limits seek to prevent accidents while negligence liability provides compensation for accident victims. Further, climatechange policies seek to prevent climate-impacts by curtailing greenhouse-gas emissions, and they attempt to cure climate-harms via disaster assistance. Prevention and cure are ubiquitous, but their features and relationship are underexplored. This Article changes that. It investigates prevention and cure to provide a novel framework for assessing and enhancing the structure of law and policy. This informs policy design across a range of substantive areas. It identifies situations that counsel predominant prevention or cure approaches, and it uncovers mutually reinforcing prevention-and-cure combinations. Further, the Article applies the prevention-and-cure framework to explain and critique policy domains ranging from motorist behavior to climate change. This perspective particularly illuminates how the various legal and policy responses to climate change interrelate, and how they miss opportunities to align complementary prevention and cure measures. It identifies how relatively small structural changes can conjoin seemingly disparate climate-change regulations, liabilities, programs, and precautions into a cohesive policy landscape. [ABSTRACT FROM AUTHOR]

In November 2022, the Indian Ministry of Electronics & Information Technology published the draft Digital Personal Data Protection Bill, 2022 (‘the 2022 Bill’). In this article, I analyse the 2022 Bill from a constitutional law perspective. I argue that the 2022 Bill’s provisions as to subordinate legislation fly in the face of the Indian Supreme Court’s delegation doctrine inasmuch as these provisions set no coherently determinable legislative policy, thereby allowing the Executive to exercise plenary legislative power through delegated legislation. This, I further argue, is a breach of the principle of separation of powers as it exists in Indian constitutional jurisprudence.

This study assesses Uganda’s legal, regulatory and institutional standards framework in pursuit of the third National Development Plan’s import replacement/export promotion strategies. Using the National Standards Capability Assessment Framework, the study conducts a mini-survey of the manufacturing sector and key informant interviews to establish the status of Uganda’s legal, regulatory and institutional standards framework. The results show that despite efforts to create the legal, regulatory and institutional framework for standards, several challenges still exist in the implementation that need to be addressed to achieve the strategy’s objectives. These include; outdated laws, corruption, inadequate funding to the Uganda National Bureau of Standards (UNBS), and the lack of awareness about standards among stakeholders. We recommend that there is a need to regularly evaluate laws, regulations, and policies related to standards to address gaps in their implementation; understand what the manufacturers/traders need and how they can be supported to adhere to standards; increase training and staffing for UNBS to address human resource gaps, and empower the local authorities to know what standards are, and to report the culprits who do not meet the basic requirements for standards as a way of strengthening enforcement. [ABSTRACT FROM AUTHOR]

For decades, critics of judicial review have argued that it inhibits the "will of the people," expressed through laws and regulations enacted by democratically elected officials. Thus, they contend, it should be used sparingly, or perhaps even not at all. This critique implicitly assumes that the political freedom of the people is best expressed through ballot box voting. This Article challenges that assumption and instead suggests that political choice is often best expressed through foot voting, rather than ballot box voting. That, in turn, strengthens the case for strong judicial review in a range of areas. People can vote with their feet through international migration, by choosing what jurisdiction to live in within a federal system, and by making decisions in the private sector. All three types of foot voting can be enhanced by judicial review. Instead of a singular collective will of the people, foot voting enables individual members of the public to pursue a wide range of policy preferences. As a result, it allows far more people to live under policies that they prefer, and reduces the disadvantages faced by minorities. [ABSTRACT FROM AUTHOR]

For some arrested individuals, the most important consequences of their arrest arise outside the criminal justice system. Arrests alone--regardless of whether they result in conviction--can lead to a range of consequences, including deportation, eviction, license suspension, custody disruption, or adverse employment actions. But even as courts, scholars, and others have drawn needed attention to the civil consequences of criminal convictions, they have paid relatively little attention to the consequences of arrests in their own right. This Article aims to fill that gap by providing an account of how arrests are systemically used outside the criminal justice system. Noncriminal justice actors who rely on arrests--such as immigration enforcement officials, public housing authorities, employers, licensing authorities, and child protective service providers, among others--routinely receive and use arrest information for their own objectives. They do so not because arrests are the best regulatory tools but because they regard arrests as proxies for information they value, and because arrests are often easy and inexpensive to access. But when noncriminal justice actors rely on arrests, they set off a complicated and poorly understood web of interactions with the criminal justice system. Regulatory bodies and others that make decisions based on arrests can coordinate and pool resources with prosecutors and police officers, achieving a level of enforcement that neither could achieve alone, or they can make decisions that undermine important aspects of the criminal justice process. This Article maps different regulatory interactions based on arrests and illustrates the need for greater oversight over how arrests are used and disseminated outside the criminal justice system. [ABSTRACT FROM AUTHOR]

When Belgium was overrun by Germany in 1914 neither the Belgian constitutional legislator, nor the Belgian legislator had determined how the police powers of the civil authorities could be transferred to the military authorities in the case of a war. Article 130 of the Constitution determined that the Constitution and the constitutional rights and freedoms it provided could never be suspended wholly or in part. This created a problem. There were several statutes which provided merely a limited answer for some situations. When Belgian military authorities instead of civil authorities took measures which invaded upon constitutional rights, disputes arose. In order to avoid these, the Belgian King enacted the decree-law concerning the state of war and the state of siege on 11 October 1916. Many provisions of this decree-law had been taken from the French war laws of 9 August 1849 and 4 April 1878, but -- contrary to these French laws -- the Belgian decree-law was not based on a formal constitutional stipulation. This decreelaw, which contravened the Belgian Constitution of 7 February 1831 and the fundamental rights and freedoms which were safeguarded by this Constitution in several respects, made it possible to take a number of measures during the state of war and the state of siege. As soon as these different provisions were applied, several citizens protested against them. Their protest was mainly aimed at the force of 'law' of the decree-law of 11 October 1916 and all of the other decree-laws. The rest of this contribution will detail when and why this protest took place, as well as how the Belgian administration of justice dealt with this protest. [ABSTRACT FROM AUTHOR]

The ever-increasing complexity of regulation of society prevents the classical idea of society’s management to be fully apprehended in legal norms. Since this is not possible (any more) also with regulations, an increasing gap may result between the formal determination of rights and obligations and actual implementation. In complex surroundings, accountability cannot be found in one place, which turns it into the rule of nobody. This makes even more important rules, which should be set as clearly as possible. These claims were verified in the case of the Slovenian draft bill on health care and health insurance. The latter demonstrates most of the transfer “weaknesses” of all major powers not only to the executive branch (a government of decrees), but also to the holders of public powers (public institutions outside administration) and their superiors (a government of general rules), in the direction of more and more detailed rules on the expense of individuals to whom the Constitution recognises the fundamental human right to health care. The analysis of the envisaged delegated acts shows that – to avoid the occurrence of litigation and illegal delegation of powers – provided bylaws should be set out more clearly and precisely.

The article offers information on the development of several European Union (EU) regulations. Topics discussed include a capital requirements regulation (CRR) on the implementing technical standards (ITSs) for uniform disclosure formats of global systematically important institutions (GSIIs), a delegated regulation on the regulatory technical standards (RTSs) of mortgage indemnity insurance, and a regulation on the RTSs on geographical location identification of relevant credit exposure.

The article focus on explaining the Regulation's concept as the legal status quo in the European Union. It mentions European Union (EU) regulations are directly enforceable and do not need to be transposed into the national law of the Member States; and the Open Internet Access Regulation's general goals are to "guarantee the continued functioning of the internet ecosystem as an engine of innovation.

The paper deals strictly with one of the three procedures established by Law no. 151/2015 on the insolvency of natural persons, namely the simplified insolvency procedure, meaning its field of application. This field of application has been identified by correlating Article 3 (12) of the law defining insolvency, with Article 4, which refers to the general scope of Law 151/2015 and Article 65, which refers to the scope of the simplified insolvency procedure. The conclusion is that this regulation is useful for bona fide borrowers who are in difficult situations in their lives.). [ABSTRACT FROM AUTHOR]

The article discusses the regulation of the synthetic chemical Bisphenol A (BPA) in the production of baby and children's products in the European Union. It analyzes the regulatory process of BPA in the EU to understand how uncertain risks are being regulated. The current development of the regulatory process hopes to address the ongoing struggle in regulating endocrine disruptors like BPA in baby commercial products.

The article discusses the REAL ID Act of 2005 and DHS regulations mandate issuance of unique identification numbers to individuals in the U.S. It notes that Congress and the public have consistently declined on national identification cards even before this act. Meanwhile, others believe that Social Security Number (SSN) have served as a national identifier since it is widely used across the country. The are two factors of the REAL ID card's physical requirements endanger the privacy of the cardholder which include the unencrypted barcode and the biometric photograph.

This article considers the development and use of dispersal powers, introduced by the Anti-Social Behaviour Act 2003, and situates these within the context of wider legislation and policy initiatives. It explores the ways in which the powers have been interpreted by the courts and implemented by police and local authorities. The article critically analyses the manner in which the powers: introduce ‘public perceptions’ as a justification for police encroachments on civil liberties; conform to a hybrid-type prohibition; constitute a form of preventive exclusion that seeks to govern future behaviour; are part of a wider trend towards discretionary and summary justice; and potentially criminalise young people on the basis of the anxieties that groups congregating in public places may generate amongst others. It is argued that the significance of dispersal orders derives as much from the symbolic messages and communicative properties they express, as from their instrumental capacity to regulate behaviour. [ABSTRACT FROM AUTHOR]

The general objective is determine the material element of decrees with force of law themselves in Venezuela's Bolivariana Republic Constitution of 1999. The documentary investigation strategy is used, based on analytical method. The sources for information gathering conform to: constitutional, legal, doctrinal and jurisprudential requirements. The decrees with force of law themselves, contemplated in Venezuela's Bolivariana Republic Constitution of 1999, constitute legal acts of normative content and general effects, with legal rank, dictated by Republic´s President in Cabinet, whose material element includes two concurrent subelements: absence of expresses material limits in Venezuela's Bolivariana Republic Constitution of 1999 and submissive directives, intentions and frame in national's competition matters established in habilitate law. Venezuela's Bolivariana Republic Constitution of 1999 allows to infer presence of tacit material limits. Each habilitate law, sanctioned by National Assembly, forms the only express material limit of decrees with force of law themselves by its authorized. [ABSTRACT FROM AUTHOR]

The investigation has two general objectives: examine decrees with force of law types in Venezuela's Bolivariana Republic Constitution of 1999, and, determine the meaning of terms and expressions that compose the nomen decrees with force of law themselves according to Venezuela's Bolivariana Republic Constitution of 1999. The exam is approachhed according to documentary investigation strategy, based on analytic method. The sources for information gathering conform to constitutional, legal, doctrinal and jurisprudential requirements. Venezuela's Bolivariana Republic Constitution of 1999, according to classic doctrinal classification of decrees with force of law, contemplates decrees with force of law iure governments type like normative juridical acts of general effects with legal range, dictated by Republic's President in Cabinet, in its two subtypes: decrees with force of law with posterior legislative habilitation and decrees with force of law with previous legislative habilitation, in this last one subtype are located decrees with force of law themselves. [ABSTRACT FROM AUTHOR]

The article reports on the draft that the European Commission has issued in compliance to the Article 84 of Regulation 726. The draft lays down the procedure to adopt the maximum amounts, conditions and methods for collection of financial penalties enforced by the Commission. The Regulation is imposed to pharmaceutical companies that violates certain rules which administer authorizations of medicinal products approved by the European Medicines Agency.

Argues that regulating by statutory commands alone is not the only option for regulating behavior as structural laws far more effectively regulate large populations and confine the need for enforcement to a much smaller subset of determined law offenders. Basic theoretical framework for analyzing the relationship between fiat and structural regulations, their strengths and weaknesses; Intellectual foundations of structural regulation in the Situational Crime Prevention movement in modern criminology; Discussion of the question why legislatures persist in relying almost exclusively on fiat-based measures despite the availability of more effective structural ones.

Examines the breach of legal continuity in Russia during the 20th century. Overview of the Presidential Decree of September 21, 1993 On the Stage-by-Stage Constitutional Reform in the Russian Federation; Impact of the deposition of the Provisional Government and issuance of its own legal acts on the country; Possibility of using Russian legal foundation in elections.

Ponders on the distinction between regulation through litigation and conventional tort law. Definition of regulation through litigation and the tort law; Role of the tort law in the regulation of various industries and activities; Advantage and disadvantage of imposing regulation through litigation.

Section 2(d) of the Robinson-Patman Act seeks to regulate cooperative advertising. The "Woman's Day" case raises some important questions concerning the type of marketing activities to be regulated under Section 2(d). One such question is: What is cooperative advertising?. [ABSTRACT FROM AUTHOR]

Pharmaceutical legislation is the subject-matter that studies the norms or rules of law that apply to the pharmaceutical profession and the field of the drug. For this reason, it is a borderline subject-matter between pharmaceutical sciences and legal sciences. By its contents, pharmaceutical legislation belongs to the science of law; by its destination, it belongs to the science of pharmacists. This paper presents arguments in favour of modernizing the approach to the subject-matter of Pharmaceutical Legislation, like Pharmaceutical Law, at the Faculty of Pharmacy in Romania, as well as a possible model for structuring the curriculum of the subject-matter. [ABSTRACT FROM AUTHOR]

"Any-willing-provider" (AWP) laws compel managed care plans to accept any provider willing to accept the plan's terms and conditions, potentially undermining managed care's ability to constrain spending. However. AWP laws potentially respond to inefficient risk-selection by providers of managed care. With risk selection, observed reductions in expenditures in the managed care sector may be offset by increases in the fee-for-service (FFS) sector, with no net decrease. This paper uses panel data on state expenditures to compare per capita spending levels in states with and without AWP laws. The results indicate that expenditures are higher when AWP laws are enacted. [ABSTRACT FROM AUTHOR]

Challenges the non-delegation doctrine by challenging the understanding of political accountability relied upon by the proponents of the doctrine. Arguments of the advocates of the doctrine; Views on judicial enforcement of a ban on legislative delegation; Effects of legislative delegation.

The article describes the main functions of a parliament, which include law-making, budget approving and parliamentary control. The concept of legislative authority in the context of relevant parliamentary action, as well as concepts and roles of legislative referendums are analyzed. The constitutional and legal aspects of a national referendum are studied. Attention is paid to the concept of formal law and related concepts of delegated legislation and law-making power of the head of state and government. Specific features of the process of adoption an act (law) on the state budget in the parliament are determined. Parliamentary control is stated to be a function of the parliament historically focused primarily on the executive branch. The forms of such control recognized in theory and practice of global constitutionalism are analyzed. The powers of the parliament implied by the concept of parliamentary control, and its powers of controlling nature correlated with other functions of the parliament are distinguished. [ABSTRACT FROM AUTHOR]

Copyright of Pouvoirs is the property of Editions du Seuil and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article examines the Brexit process through the anthropological lens of liminality. As a concept that explains the impact of change and transformation on human experience, it is argued that liminality is an especially valuable perspective to understand better the phenomenon of Brexit, particularly as to how this might impact on the regulation of human health research. A central feature of liminality is its attention to process; that is, the identification of milestone thresholds within a series of events involving change. More particularly, liminality has a degree of predictive power about certain influencing factors on transformational processes and their outcomes. In this regard, the pivotal role of law is subjected to close scrutiny in the period leading up to March 29, 2018: one year before the so-called Brexit Day. The European Union (EU) (Notification of Withdrawal) Act 2017 was the threshold trigger for the Brexit process, while the EU Withdrawal Bill 2017–2019 has as its objective the shepherding through of the United Kingdom in its departure from the EU. The argument is made that these events are liminal moments in European legal and human history; moreover, lessons from history are used to identify the specific implications for human health research as an area of human activity that will be profoundly impacted by the Brexit process. This analysis also provides a means to reflect on the broader implications of what a disruptive process such as Brexit means for law generally. [ABSTRACT FROM AUTHOR]

The article informs that the U.S. Defense Production Act of 1950 (DPA) was enacted by the U.S. Congress on September 1, 1950, and signed by the U.S. President on September 8. The powers conferred by the Act are vested in the President, but he is authorized to delegate them freely and to create such new agencies as he chooses to carry them out. Pursuant to this authority the President immediately issued Executive Order 10161 setting up the administrative machinery for operations under the Act. Accordingly, perhaps of more immediate importance than the specific grants of power is the fact that the DPA authorizes the creation at once of an organization to administer whatever controls may be needed.

Copyright of Insurance Discourses / Pojistne Rozpravy is the property of Czech Insurance Association and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Insurance Discourses / Pojistne Rozpravy is the property of Czech Insurance Association and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Istanbul Commerce University Journal of Social Sciences / İstanbul Ticaret Üniversitesi Sosyal Bilimler Dergisi is the property of Istanbul Commerce University Journal of Social Sciences and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Estudios de Derecho is the property of Estudios de Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article presents information on Russian Federal law. It informs about Government of the Russia's decrees in order to ensure public safety and prevent penetration of the territory of the Russia by members of foreign terrorist organizations, illegal migration of foreign citizens, and importation into the country of weaponry, ammunition, means of sabotage, foreign currency, and foreign currency valuables. The Federal Border Service of the Russia and the State Customs Committee of the Russia are to ensure at the seaport of the city of Makhachkala the inspection of all vessels from foreign ports and of the cargoes arriving on them.

The issue of brownfields is currently a very significant factor affecting the sustainable development of the society and construction business themselves since unbuilt areas are ranked amongst the most important non-renewable sources. Despite of this undoubted significance of the topic, brownfields are hitherto not adequately supported by the Czech legislation. Due to this fact, there exists no uniform and consistent terminology and classification of this business in the Czech Republic; opinions and research approaches of various scientific and research teams are highly fragmented, and last but not least it makes education with respect to this topic of the expert community as well as general public very difficult. Currently, brownfields are discussed within land-use planning and laws and implementing Decrees (Act no. 183/2006 Coll., the Building Act, and its implementing Decree no. 500/2006 Coll.) only in general terms, and they can only be included in more general categories such as “areas for redevelopment and reuse” (brownfields intended for revitalization to the level of “environment close to nature” cannot be included), or in some cases there are very specific categories such as “pit-heap, dump, stock-pile, etc.” (future land for regeneration / redevelopment) or “old burdens and contaminated areas” (brownfields without burden and contamination cannot be included). Therefore, there is no need for consistent and good-quality land investigation using given methodology as it is the case for other topics such as development of environmental systems, environmental stability coefficient, landmarks or listed sites and buildings. [ABSTRACT FROM AUTHOR]

El artículo ofrece información legislativa y jurisprudencial sobre inmobiliaria y Urbanismo a través de varias regiones de España. Incluido es ley 1/2016 sobre el urbanismo en Andalucía para incorporar las medidas con respecto a edificios construidos sobre parcelas urbanas en no urbanizable; Decreto 141/2016 que regula la vivienda y rehabilitación Plan de Andalucía 2016-2020; y Decreto 48/2016 en casas de vacaciones.

The article focuses on patterns for drafting delegated legislations regarding underleases which contain several issues such as service charges that create complications between landlord and freeholder in terms of term length, periodic head lease and notice to quit.

Background: In December 2014, China announced that only voluntarily donated organs from citizens would be used for transplantation after January 1, 2015. Many medical professionals worldwide believe that China has stopped using organs from death-row prisoners.Discussion: In the present article, we briefly review the historical development of organ procurement from death-row prisoners in China and comprehensively analyze the social-political background and the legal basis of the announcement. The announcement was not accompanied by any change in organ sourcing legislations or regulations. As a fact, the use of prisoner organs remains legal in China. Even after January 2015, key Chinese transplant officials have repeatedly stated that death-row prisoners have the same right as regular citizens to "voluntarily donate" organs. This perpetuates an unethical organ procurement system in ongoing violation of international standards.Conclusions: Organ sourcing from death-row prisoners has not stopped in China. The 2014 announcement refers to the intention to stop the use of organs illegally harvested without the consent of the prisoners. Prisoner organs procured with "consent" are now simply labelled as "voluntarily donations from citizens". The semantic switch may whitewash sourcing from both death-row prisoners and prisoners of conscience. China can gain credibility only by enacting new legislation prohibiting use of prisoner organs and by making its organ sourcing system open to international inspections. Until international ethical standards are transparently met, sanctions should remain. [ABSTRACT FROM AUTHOR]

The Italian legislator has started the implementing process of the recent EU Directives on procurement and concessions, namely Directives 2014/23/EU, 2014/24/EU and 2014/25/EU. The legislative technique to be used will be the delegation to the Government by the Parliament to adopt an implementing legislative decree, on the basis of general principles and criteria set forth by the Parliament itself in a delegation bill that the two Houses will enact giving the power to the Executive to regulate the matter. Currently, the Senate has approved a delegation bill proposal in June 2015 passing it on to the Lower Branch for discussion and approval in October 2015; as it regards the proposed timing, the Government should enact the legislative decree by February 2016, thus anticipating by two months the deadline for implementation provided at EU level, while the result should be the adoption of a new allcomprehensive code containing the discipline of concessions and procurement, both in ordinary and utilities sectors, destined to repeal the existing Public Procurement Code (Legislative Decree 163/2006). As it results from the auditions carried out by the Senate among the operators of the public procurement sectors, the new EU Directives and the need to completely redefine the domestic discipline as a consequence, represent a good chance for the national legislator to address and resolve many of the criticalities of the current Italian regime. [ABSTRACT FROM AUTHOR]

The article discusses the author's proposed solution for regulating the use of tasers (stun guns) by law enforcement officials in America as of 2015, and it mentions the U.S. Court of Appeals for the Seventh Circuit case Abbott v. Sangamon County, Illinois which deals with an animal control officer's use of a stun gun to control a noncompliant individual. American statutes and judge-made law (case law) are examined, along with state laws and the relationship between law and technology.

Author tends to analyze the possibility of the cooperation between the US and Ukraine in the security sphere. The interest is based on the decree adopted by the Parliament of Ukraine to the Congress if the United States about the security assurances. The objective of this article is to examine the differences between the Major Non-NATO ally status and the Treaty of Mutual Cooperation. As well as what is better for Ukraine in a current state of affairs. [ABSTRACT FROM AUTHOR]

The study aims at drawing attention upon the juridical consequences adopting emergency decrees during parliamentary vacations. The legal nature of the parliamentary session has been stressed, the one that can generate the submission of an approval bill of an emergency decree. Thus, having examined the constitutional disposals in the matter, but also taking into consideration the doctrine, the conclusion has been reached that in this case we talk about a plenary session, the differences from ordinary and extraordinary sessions being given in detail. In the end, juridical consequences of the submission of an approval bill regarding emergency decrees were stressed. The conclusion was that they have triple juridical loads. [ABSTRACT FROM AUTHOR]

Introduced as part of the State Aid Modernisation programme, new regulations affect Services of General Economic Interest (SGEI) but tend to be in the form of soft law.Notwithstanding that guidance provided by the Commission, complaints on funding SGEI continue to increase together with references to the jurisprudence developed by European courts.The Member States appear to be losing competence in determining when a SGEI should be established as it is now confirmed that the answer to that question must be based on a market failure testThe effects of liberalisation create new legal issues, especially as regards obligations imposed on universal service or public service providers.Practitioners should continue to consider the rules of free movement, in addition to those on competition, when they assess the compatibility of SGEI with EU law. [ABSTRACT FROM PUBLISHER]

Copyright of Revista Jurídica de la Universidad Autonóma de Madrid is the property of Dykinson SL and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Citizens have an obligation to contribute, through taxes and fees, to public expenditure, as regulated by law, but there are situations where payers of fees, taxes or other contributions avoid paying them, which leads to tax evasion¹. Over time, the lawmaker was concerned with adopting rules meant to establish specific measures for fighting against and preventing tax evasion, especially in the context of Romania's integration in the European Union. In the present wok, in addition to presenting the implementation at infraconstitutional level of the rules of the Basic Law and the legislative dynamics of the rules that have governed this area, we are trying to answer the natural question of whether the criminalization of tax evasion acts can be achieved by way of legislative delegation, namely by simple or emergency ordinances of the Government or it can only be done by "law" as an act of Parliament. [ABSTRACT FROM AUTHOR]

Before the enactment of the Companies and Allied Matters Act (CAMA) 1990, receivership in Nigeria was governed by case law, informal rules (of practice) and the Companies Decree 1968. Nigerian judges were heavily influenced by British case law, precedents were British and the Nigerian Companies Decree was a transplant of the British Companies Act 1948. Against this background, the Supreme Court of Nigeria delivered the Intercontractors decisions in 1988, which subsequently governed the nature, status and powers of Nigerian receivers. In 1990, CAMA introduced a more robust receivership regime which prescribed the nature, status and powers of the receiver, reversing some of the Intercontractors principles. However, the courts, particularly the Supreme Court, failed to enforce the relevant provisions of CAMA or to examine the applicability of the Intercontractors principles that they conscientiously enforced. This article examines the validity of the Intercontractors principles and their continued relevance under CAMA 2004. [ABSTRACT FROM PUBLISHER]