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Simplified proceedings, such as immediate coercion and direct coercion, are the subject of consideration in this study. The discussion focuses on the essence and aspects of proceedings referred to in Article 117 and 150 § 3 of the Act of 17 June 1966 on enforcement proceedings in administration. The aim of the research is to attempt to evaluate simplified proceedings as a tool in the system of protection of the most important human values. The research mainly used the legal-dogmatic method of interpreting the content and ordering the legal structure. The analytical method was also applied, by means of which analyses were made of legal provisions concerning the basis for the application of the simplified procedures in administrative enforcement proceedings. From the conducted research, it is clear that the primary goal of these proceedings is to counteract the indicated threats. The collected research material allowed confirming the thesis and presenting a de lege ferenda motion regarding the necessity to amend Article 117 of the Administrative Enforcement Act. The changes should consist in waiving the necessity to serve a reminder to the debtor before applying this procedure. The provision currently in force omits such a possibility, and the waiver itself may be the result of the need to save important values in an emergency. [ABSTRACT FROM AUTHOR]

The plea of illegality allows the control of the legality and validity of individual administrative acts, without any time limit. At least, the literal and grammatical interpretation of article 4 of the Law on Administrative Litigation leads to such a conclusion. Unfortunately, the case law “has created” several limitations on the use of this judicial review tool, and most of them do not have a solid legal basis. The protection of the res judicata principle, but also other situations that would circumvent the legal regime of the action for annulment, as well as the broad category of fiscal-administrative acts were considered grounds for the inadmissibility of the plea of illegality, administrative acts outside its scope respectively. What is worse is the fact that the limitations in question may constitute restrictions on the right of access to justice, more precisely to the procedural route of the plea of illegality. The study aims to analyze the legal basis of the cases of inadmissibility of the plea of illegality, created by case law and their compliance with the will of the legislature. The author’s goal is to produce a paradigm shift with regard to this legal institution and to increase its degree of effectiveness. The research conducted is descriptive and explanatory, underpinned by relevant case law and doctrine.

Based on large-scale five-year plans aimed at economic growth and the fight against poverty, Jiangxi Province in the People's Republic of China is trying to attract as many domestic and foreign tourists, through its tourism attractions. With the SARS-Cov2 Coronavirus pandemic, the number of tourists decreased a lot, which affected the local economy and, implicitly, the tourism industry. Mount Lushan Touristic Complex, one of the most valuable resorts, has managed, based on central and local orders, to overcome these pandemic problems with flying colors. The understanding of some laws and administrative acts, and the punishment of some officials who did not obey the law, led to a sudden return of tourism in several parts of country, although in some areas of China it is still a lockdown. The study reveals how, through a mechanism of coercion based on laws and regulations China has managed to overcome, in part, the negative situation created by COVID-19 and move forward in the development of its national programs. [ABSTRACT FROM AUTHOR]

In this article, I shall examine the legal nature of presidential decrees for instituting and prolonging the state of emergency. Despite their content, which provides various restrictions on fundamental rights and liberties, in fact, they remain true normative administrative acts issued in order to execute legal provisions of Emergency Ordinance no. 1/1999 concerning the regime of the state of siege and the regime of the state of emergency, approved by the Parliament through organic law no. 453/2004.

In this article, I shall discuss the legal nature of the military ordinances issued by the Minister of Internal Affairs during the state of emergency, in accordance with Emergency Ordinance no. 1/1999 concerning the regime of the state of siege and the regime of state of emergency (EOG no. 1/1999). My advice is that no one should not fall for the term „military”. In fact, military ordinances issued during the state of emergency by the Minister of Internal Affairs are normative administrative acts facilitating the execution of EOG no. 1/1999 provisions. As a result, they could be contested for legality in front of the judiciary, but they cannot be suspended, in accordance with art. 5 para. 3 of the Law no. 554/2004 concerning the judiciary control over the administrative acts.

Copyright of Knowledge: International Journal is the property of Institute for Knowledge Management 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.)

Archival legislation confers numerous public authorities on archival profes- sional workers. For the professional and lawful execution of the public archi- val service, these authorities demand basic knowledge of law and adminis- tration. Besides taking the professional and scientific archival work as a part of the public service into consideration, we also have to think about tasks, which affect the duties, rights and legal benefits of other persons. The article focuses on this second (or maybe even first) part of the public service and puts legal and administrative acts, their structure, purpose, understanding and use to the forefront. Since archival professionals provide explanations of duties of public persons considering records and archives, they must be able to interpret legal norms. [ABSTRACT FROM AUTHOR]

In the present work we wanted to briefly present some reflections about the relevance of presenting sufficient evidence of lack of reasonableness in the procedures to eliminate bureaucratic barriers, from a more principlist than a technical approach, inviting the reader to ask if this requirement is necessary in light of the rights that every complainant has in an administrative proceeding. [ABSTRACT FROM AUTHOR]

The article discusses the pros and cons of the implementation of the Unfair Trade Practices Act in Kansas. The Act states that wholesalers must add a markup of at least two per cent and a retailer must add a markup of at least six per cent to the cost of the merchandise. The author interviewed several wholesalers and retailers in the three large metropolitan areas in Kansas in order to determine the loss leader in a bout of price wars that resulted in the Act. After going into effect, the law caused prices at most retailers and wholesalers to increase more than other items were able to decrease. According to the text, chain stores were affected the most, while other store were mostly in compliance before the law was employed.

The article cites regulations controlling exposure of nuclear radiation in the U.S. Illinois, North Dakota, South Dakota, and Wyoming have regulations requiring users of certain radiation sources to register with the state government. Ten other states have issued regulations intended to limit exposure only of persons employed at sources of radiation, and another six states have issued regulations to limit exposure from all sources of radiation both to occupational personnel and the general public. The regulations have followed enactment of the federal Atomic Energy Act of 1954. Through Atomic Energy Commission (AEC), the federal government has issued "Standards for Protection Against Radiation" which limit exposure from all fissionable and by-product materials used under AEC license.

The article approaches the topic of administrative acts motivation, analyzed from the doctrinal and jurisprudential perspective. If at first, motivation was considered merely a formal condition of the administrative act, as a result of the national and European, doctrinal and jurisprudential evolution, motivation is now regarded as one of the most important conditions of validity for the administrative act. Motivating administrative acts represents also a manifestation of the right to information, sealed by the Romanian Constitution, and a dimension of the right to a good administration, as stipulated in the Charter of Fundamental Rights of the European Union.

This article seeks to highlight the difficulties encountered in the interpretation of the prohibition on the use of chemical weapons in the Chemical Weapons Act 1996. In particular, the application of 'the act' against individuals in the domestic criminal courts as opposed to larger entities and nation states. An example is given from the first instance decision in the case of Regina v Mohammed Amer Ali heard at the Central Criminal Court between 7 and 14 July 2015. [ABSTRACT FROM AUTHOR]

Current legal reality indicates growing tendencies of the Romanian administration in adopting legal administrative instruments with the purpose of regulating different areas of both local and central interest, such as organizing institutions, establishing local taxes, fiscal competences and internal procedures, with the consequence of limiting some rights or protecting the others. These trends are determined, on one hand, by the slow and difficult process of adopting the laws by the Parliament and, on the other hand, by the administration's tendency to clarify, explain or interpret the gaps or inaccuracies of laws or to "adjust" the laws in its own interest. From the perspective of the state of law, the administration can act only through the adoption of secondary law-making acts, respectively only upon specific legislative ability and cannot act against the law. The rule of law requires that the normative administrative act should be in accordance with the law. This stage in the normative hierarchy refers to several aspects. Normative administrative act can be adopted only according to the law. It is subsequent to the law. This means that it cannot intervene unless it puts a law into force. It cannot, on the other hand, add anything to the law. Any administrative provision with tends to regulate primary and not subsidiary to the law is devoid of legal efficiency. The content of the normative administrative act must be in accordance with the law which is authorizing it. The law and doctrine state that a normative administrative act is adopted only in the organization and enforcement of the law. Public authorities can only interpret the law in the organization and enforcement of which they shall issue normative administrative acts. This interpretation is not authentic, nor mandatory for the courts, which have jurisdictional control over these acts. Seen as a source of law, normative administrative act is the only one which can be censored by ordinary courts of justice, giving it a special status within the constitutional order. [ABSTRACT FROM AUTHOR]

La Constitución no está excluida de las normas de referencia de que se valen los jueces para ejercer el control de los actos de la administración. Sin embargo, en Francia, el control de la constitucionalidad de los actos administrativos está condicionado a la existencia de la ley que, eventualmente, puede interponerse entre dichos actos y la Constitución como una "pantalla" que impide anular aquellos actos que, siendo conformes a la ley, son contrarios a la Constitución. Esta doctrina es cuestionada porque resta eficacia a la protección de los derechos fundamentales y la irrupción del Derecho Comunitario europeo en el Derecho interno francés ha reforzado este cuestionamientoThe constitution isn't excluded from the norms of reference which the judges make use of in order to exercise the control of the administration acts. However, in France the control of constitutionality of the administrative acts are conditioned by the existence of a law that occasionally could intervene between the above said acts and the constitutionality as a "screen" that prevents those acts from being void, that being in accordance to the law are contrary to the constitution. This doctrine is questioned because it lacks efficiency in protecting the fundamental rights and the burst in of the European law within the French domestic legal system has strengthened the questioning

This paper examines the procedures for challenging decisions in the procedures for the award of government contracts, governed by Portuguese and others European countries law. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House 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 Croatian & Comparative Public Administration is the property of Institut za Javnu Upravu 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 Government Ordinance, as a normative administrative act, is similar with the law - lato sensu - meaning that it has the same value and effects. The control that other authorities exert over the Government Ordinance reveals the role of the Parliament and of the Constitutional Court, in the proceedings a priori and the constitutional control, based on article 146 d) from the fundamental law. Even if the Government Ordinance is an administrative act it can not be brought before the administrative court, together with other administrative normative and individual acts, because the Constitution and Law no. 554 from 2004 do not allow such control. The courts are confronted with the claims for annulling some texts of Government Ordinances or the entire normative act, but, first, they must try an admissibility control in order to avoid the breach of the old principle of separation and equilibrium of powers in the democratic state, provided by the Constitution. [ABSTRACT FROM AUTHOR]

The Article contends that Argentina's regulation of the elements of legal validity of an administrative act can be philosophically justified as a specification of the elements of Aquinas' concept of "law". The Article expounds the definition and elements of validity required by Argentina's Constitutional and Administrative Law. Then, it analyzes each one of those elements from the standpoint of each of the philosophical elements of Aquinas' concept of "law". The Article concludes that each one of the administrative act's elements of validity finds an explanation in one or several of the elements of the philosophical concept of "law", demonstrating that this reasoning is an adequate way to explain those legal regulations. [ABSTRACT FROM AUTHOR]

The article analyzes regulatory design strategies and enforcement approaches in Australia and Great Britain concerning research on human embryos and cloning. The Prohibition of Human Cloning for Reproduction and the Regulation of Human Embryo Research Amendment Act 2006 (Cth) was given Royal Assent on December 12, 2006 in Britain. Australia adopted a similar regulatory system in 2002 for research involving human embryos and cloning.

The purpose of this article is to analyze the intensity of the constitutionalization in Colombian administrative law, especially in discretionary administrative acts, that command the retirement of members of the Military Forces, Police, Administrative Department of Security (DAS) and Penitentiary National Institute of Colombia (INPEC). In order to achieve said purpose, the author compares--through dynamic and static analysis of case law- the readings made by the Council of State and the Constitutional Court, and concludes that the position of the latter is the most legally convenient and the most efficient when it comes to the administration of public resources, therefore, it must be accepted by the Council of State. The convenience analysis uses as reference points 1) some constitutional principles; 2) the Constitutional State; 3) the national and foreign administrative doctrine; and 4) some Inter-American Court of Human Rights rulings. [ABSTRACT FROM AUTHOR]

The article presents a three-part analysis of the distinctive features of the Canadian legal structure. It states that the Canada's State Community Act does not keep foreign states from raising pleas of jurisdictional immunity. Moreover, it also contends that the problems and ambiguity that were posed can be addressed through dynamic and contextual translation of the Act's provisions.

Disputes in sport and modes of their solution and harmonization with legislation have imposed more problems than may have been expected at the first glance. Throughout history, as well as today, there have been various inconcilliable differences in opinions in the relation between sport and law. Only recently a completely new and young branch of law has started to develop: Sport Law. Sport law has a long and difficult way ahead of it on its way to further improvement, both in the sphere of legal theory and in the organization of its bodies and in the implementation of their decisions. In harmonizing decisions in its international sphere and in implementing the largely distraught laws, CAS is a pioneer in organizing sport law and finding solutions in this new and specific branch of law. This paper deals with the connection of for a long time irreconcilable concepts of sport and law through arbitration as a bridge bringing together the differences but also the needs of modern sports; the paper also brings a review of the institution that has emerged from this connection. [ABSTRACT FROM AUTHOR]

The article talks about an administrative act which was imposed on pálinka, a high quality spirit in Hungary. It is reported that in Hungary, the consumption of alcoholic beverages and spirit drinks has always been considerable. Pálinka, distilled from ripe fruit is considered by most Hungarians a traditional high quality spirit. The quality pálinka is expensive, so to fulfil the needs of the poorer consumers, spirits made of ethyl-alcohol, water and fruit aromas were labelled as pálinka and sold in the market. Further it is stated that such practices were against the interest of the consumers. So, a Regulation (EC) No 110/2008 was passed which details the general rules on spirit drinks, their categories and geographical indications.

The article discusses the legality of economic loss rule in Tennessee. It provides two scenarios where the fact patterns raise the economic loss doctrine. The author says that when the purchaser of a product sustains economic loss without personal injury or damage to property apart from the product itself, the purchaser must seek a remedy not in tort but in contract.

This article argues that there is meaningful space for state law regulation of arbitration provisions on consumer Internet transactions notwithstanding the U.S. Federal Arbitration Act (FAA) and the Electronic Signatures in Global and National Commerce Act. As stated, this space can be secured through the limitation of FAA to written provisions. It is argued that the Congress has the power to remove this space if the states perform poorly in protecting consumers when it comes to arbitration provisions in cyberspace.

The article presents an analysis of basic issues concerning the application and governance of legal protection in order to prevent administrative silence in the Republic of Croatia. Particular focus is given to the provisions of the General Administrative Procedure Act and Administrative Disputes Act. Omissions and illogical solutions as well as good aspects of a protection system that were established by both acts are given emphasis.

The Finance Act 2004 (the ‘Act’) set the parameters for a number of pension reforms, which finally came into full effect on 6th April 2006. Although the Act has simplified certain aspects of pension provision for the majority of UK employees, for other groups, such as overseas employees, the rules have become more complicated. This paper considers how the new regime affects, first, UK employees working abroad who are members of a UK-registered pension scheme and, secondly, UK employees in foreign plans, looking in each case at tax relief and allowances for the employer and for members (including the new lifetime allowance). It also considers the transfer of rights between arrangements.Pensions (2007) 12, 164–170. doi:10.1057/palgrave.pm.5950051 [ABSTRACT FROM AUTHOR]

The article discusses administrative issues in special education pertaining to disciplinary practices, grading policies, and Section 504 plans in the U.S. The Congress has passed the latest reauthorization of Public Law 94-142, called the Individuals with Disabilities Education Improvement Act which contains changes in procedures for handling disciplinary violations committed by students with disabilities. Regarding grading policies, Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act permitted the use of modified grading as long as it is available for all students. Section 504 of the act indicates that students with disabilities should be provided with educational experiences that are comparable to those of students without disabilities.

Focuses on the status of a witness' previous statements after the Criminal Justice Act 2003. Exceptions to the general exclusionary rule; Status of exhibited aide-memoires; Development of the common law doctrine of recent complaint in sexual cases.

The article discusses a problem with the Interpretation Acts, which is the continuation in force under a new enactment of subordinate legislation which was made under the authority of an enactment that is replaced by a new one. Particular focus is given to paragraph 44(g)-type provision of the Interpretations Act, which promotes uncertainty of the law. Because of this obstruction to the understanding of the law, the author recommends that the provision be repealed.

Discusses the proper understanding of nondelegation doctrine in the U.S. Information on the second section of the Goddess and Niceness Act; Meaning of the word necessary in the Sweeping Clause; Discussion on the word proper in the Sweeping Clause.

Explores the possible meanings of the validity clause of No Child Left Behind (NCLB), a law re-authorizing the Elementary and Secondary Education Act. Key features of NCLB; Validity of NCLB from a psychometric standpoint; Standards for educational and psychometric testing.

The article provides estimates of impacts of the real estate investment trust (REIT) Modernization Act (RMA), important legislation of the REIT industry on the wealth of REIT shareholders. It also extends the work done in the area involving the use of event study methodology to study important regulatory changes. The first approach used in the article measures the wealth effects of legislation affecting a specific industry, while the second one valuates a regulatory change affecting the trade relationship between countries.

Examines the effects of the amendments to the Prospectus Proposal issued by the European Commission on small business issuers in accessing public equity market. Overview of the Proposal; Scope of the Draft Article 2 of the amended Directive; Relation of Rule 504 under the U.S. Securities Act 1933 to the amendment.