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The article offers information on the policy initiative launched by European Union (EU) and its Member States to carry out procurement more efficiently through digital technologies and in a sustainable manner. Topics discussed include need to improve EU public procurement practices by working with public authorities and other stakeholders.; digitization of procurement processes; and the importance of the Small and medium-sized enterprises (SMEs) in achieving economic growth.

The article discusses the changes in the Competition Protection Act (CPA) in view of the Damages Directive. It mentions the compensation for the damages of competition law infringements and balance between the damages claims and application of the competition law by the public authorities. It also mentions the information on Code of Civil Procedure in Bulgaria.

‘Evaluation clauses’ are a legal basis requiring mandatory evaluation of public policies impact. Evaluation becomes a procedural institutionalization but, although they are widespread, no phrasing standards have been yet established. Without clarification, the questions raised by origins and effects of mandatory evaluation remained impossible to treat. Past studies dealing with this topic dismissed the legal feature of the evaluation process to focus only on organizations. This paper aims to apply a methodology based on the numerical taxonomy to construct a conceptual scheme for classifying evaluation clauses. A hierarchical cluster analysis was run on 322 cases with eight variables related to their normative density. From such heterogeneous legal object, two families of clauses have emerged, and three significant templates are identified. This paper opens a research track which considers evaluation clauses to investigate both the reason why a specific type of phrasing is chosen and the consequences of these institution types. [ABSTRACT FROM AUTHOR]

Paradoxically, by making reference to all the classical theories related to the administrative activities known so far, the courts of law started to regard as genuine administrative documents some notices and memoranda issued by various public authorities, a fact which means that they accept such documents to be appealed against in contentious administrative matters. Our study will attempt to highlight some of the various positions on this matters expressed by the administrative contentious courts from around the country and to emphasize why, to our point of view, such appeals should not be admitted nor given a solution by the above-mentioned courts of law. [ABSTRACT FROM AUTHOR]

In Romania, the implementation of the regulations on corporate governance in public enterprises started as a requirement of the European acquis. This research examines whether the directives transposed into the national legislation, with the adoption of the Government Emergency Ordinance (GEO) no.109 of 30th November 2011 on the corporate governance of public enterprises, and with their approach in practice, meet the EU requirements. [ABSTRACT FROM AUTHOR]

For most of the twentieth century, the conventional wisdom held--probably correctly--that shareholders in America's large, public corporations were passive and powerless and that managers wielded the real power. Beginning in the 1980s, however, shareholders in the form of institutional investors started to push for a greater say in corporate decision-making. In the twenty-first century, hedge funds have upped the ante, fighting for major changes in corporations whose shares they own. Once-imperial CEOs have now become embattled as they fight, but often lose, against activist shareholders demanding policy changes, new dividends, board representation, and even the sale or break-up of corporations. In short, things have changed. This Article situates the present-day rise of shareholder power by taking a long view of the previous two centuries, moving beyond traditional accounts to reach all the way back to the beginnings of the American business corporation in the early nineteenth century, then following the story of shareholder power up to the present day. Its long view reveals the complicated and shifting nature of shareholder power, documenting how periods of greater shareholder power were interspersed with periods where shareholders had little power, how the focus of shareholder power has moved from controlling shareholders to autonomous managers, and how shareholder power has ebbed and flowed across the last two centuries. This Article not only provides the backstory to present-day developments, but also suggests that what has appeared as a hallmark of American corporate capitalism--the relative powerlessness of shareholders--may only have been typical of a few decades in the middle of the twentieth century. [ABSTRACT FROM AUTHOR]

The scope of human rights is undergoing a paradigm shift, from a territory-based conception to a functional conception, which tends to protect human rights against the extraterritorial exercise of public authority. In the EU domestic system, this is upheld by Articles 3(5) and 21 TUE, which establish the promotion and protection of human rights as a foreign policy directive. However, the normative effect of these provisions is limited. Due to restraints deriving from the EU Treaties, these two provisions do not seem capable of providing a sufficient legal basis for EU action aimed at promoting and protecting human rights. To endow the Union with the means of action necessary to discharge the engaging function of global protector of human rights, a further development of the European constitutional framework seems to be indispensable. [ABSTRACT FROM AUTHOR]

In articulating the juridical relationship between the individual and the state, a theory of public law must confront a fundamental problem. The practice of public law involves appeals to ideas of both authority and justice, but these ideas appear to be antagonistic rather than complementary. On the one hand, persons must act in conformity with legal obligations enacted through the contingent exercise of public authority. On the other, persons must act in conformity with timeless ideals of public justice. The theoretical puzzle at the core of public law stems from the incompatibility of these convictions. Because enacted laws are often unjust and just laws are rarely enacted, persons often find themselves simultaneously pulled in one direction by the demands of public authority and pulled in another by the demands of public justice. To escape this tension, the leading theories invariably fragment their subject matter by reducing the whole of public law to one of its aspects, authority in abstraction from justice or justice in abstraction from authority. This article formulates a unified theory of public law that integrates the distinctive claims of authority and justice into a common framework. My central claim is that once authority and justice are appropriately conceived and justified, they are neither antithetical virtues of opposing theoretical frameworks nor isolated notions. Instead, authority and justice are the mutually implicating principles of a legal system: the right of rulers to exercise public authority is always accompanied by a duty to govern justly; the right of the ruled to just governance presupposes the presence of publicly authoritative institutions. The unified theory of public law thereby articulates a common moral standpoint from which the distinctive claims of authority and justice may each be given their due. [ABSTRACT FROM AUTHOR]

The article discusses the chilling effects that might be associated with the imposition of liability on public authorities (PAs) in places such as Canada, Great Britain, and the U.S., focusing on issues related to the adoption of defensive practices by PAs, as well as tort laws and legal exceptions for the discretionary activities of PAs. According to the article, a "chilling effect" occurs when PAs make unnecessarily delayed and overly cautious decisions. Due care legal standards are examined.

In the world ofconstitutional law, theory and practice are moving in opposite directions. As a matter of legal practice, since the end ofthe Second World War a groundbreaking constitutional paradigm has emerged. This paradigm integrates (1) a constitution that exhaustively establishes the conditions for the valid exercise of all public authority, (2) a constitutionally entrenched bill of rights that delineates the right of persons, by virtue of their dignity, to just governance, and (3) a politically independent judicial body to which any individual can bring a constitutional complaint challenging the validity of any exercise of public authority that violates a constitutional right. As a matter of theoretical justification, however, this phenomenon remains enigmatic. Its defenders often argue that modern constitutionalism is justified because it contributes to the realization of some morally desirable outcome, for example, elevated levels of public debate or just decisions. Such justifications are open to a devastating skeptical challenge: The various benefits that constitutionalism is purported to bring may be realized in its absence, while the presence of constitutional arrangements provide no guarantee that the benefits will accrue. This essay formulates a justification of modern constitutionalism that is not vulnerable to this objection. Instead of justifying modem constitutionalism by appealing to benefits that could be achieved in its absence, the author argues that modem constitutionalism is a systematic response to a moral problem involving public authority that every legal system must address, but that cannot be addressed apart from the legal and institutional structure of a modem constitutional state. The problem-common to all precursors of modern constitutionalism-is not that the government necessarily exercises public authority in a manner that violates the human dignity of the ruled, but that in the event of a violation one or more persons are left without legal recourse. To address this problem, one requires a legal and institutional structure that enables any individual to challenge the validity ofany exercise of public authority by raising a constitutional complaint. This is exactly what the modem constitutional state-and only the modern constitutional state-provides. [ABSTRACT FROM AUTHOR]

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Administrative legal department represents all disputes between public authorities, on the one hand, and the injured in their legitimate rights and interests, on the other hand, taken from typical or similar administrative action considered illegal by the competent administrative departments of the courts, predominantly governed by public law legal system. [ABSTRACT FROM AUTHOR]

The article offers information on the enactment of Law No. 241on August 7, 1990, which is commonly known as the Administrative Procedure Act of Italy particularly used by administrative courts to address the issues of omissions of powers of public authorities. Topics discussed include Article 41 of the Charter of Fundamental Rights of the European Union, Italian administrative law, and administrative silence and its remedies.

The article discusses the potential liability of public authorities for negligence in relation to the harm associated with Irukandji marine stingers and venomous jellyfish in Australia as of December 2012, focusing on the rights of surfers, swimmers, and beachgoers in regards to damages incurred as a result of inadequate warnings or a lack of safety precautions. The legal boundaries of a public authority's duty of care are addressed, along with foreseeable risks and climate variability.

The article discusses a call for the simplification of negligence lawsuits which are filed against public authorities in Canada as of November 2012, focusing on an analysis of the standard of liability which is imposed on statutory public authorities. Canadian negligence and immunity laws are addressed in the Supreme Court of Canada case Cooper v. Hobart. The establishment of a prima facie duty of care is also examined.

The article offers information on the roles of financial markets and regulation authorities in regulating the economic activity under the competition and consumer laws. It analyzes the emerging risks and change in the financial markets that threatens the stability of the financial system. It informs that global regulation including adoption of rules by a public authority can assist in managing the market related risks.

The final conclusion of this paper is that among the constitutional legal disputes those of jurisdiction between public authorities come first in line. Also in their turn, can be considered as such those legal disputes created by the refusal or failure of public autorities to exercise their legal prerogatives by declining their competence or refusing to perform certain act which fall within their obligations. The President of Romania may be part of such constitutional legal disputes or may notify the Constitutional Court of the existence of such disputes between different public authorities. [ABSTRACT FROM AUTHOR]

El artículo analiza diversos decretos y sentencias en el área de Derecho Laboral y de la Seguridad Social emitidos en España y Portugal entre diciembre de 2011 y marzo de 2012. Entre las regulaciones discutidas se encuentran derechos de información de los trabajadores sobre la fusión de una corporación, medidas de emergencia para la rectificación del déficit público y Ley de Reducción de Remuneraciones de las Empresas Públicas de Portugal.

The Spanish Competition Commission («CNC») has traditionally considered that public authorities may breach competition rules only when they act as economic operators in the market. However, in a recent resolution the CNC has stated that conducts carried out by public authorities in the exercise of their public powers may also be deemed as competition law infringements [ABSTRACT FROM AUTHOR]

In this Article, we propose legal reforms to empower shareholders in public corporations. Currently, most shareholders participate in corporate governance in three ways: they vote, they sell, and they sue. We would expand the menu for shareholders in public corporations by enabling them to contract using shareholder bylaws. We contend that such private ordering will improve shareholder monitoring of managers and create laboratories of corporate governance that benefit the entire corporate governance system. [ABSTRACT FROM AUTHOR]

The article discusses the duty of candour as applied to third parties in Great Britain. It states that there are no formal disclosure obligations on parties to judicial review proceedings, but they are required by courts to have a duty of candour. It notes that third parties only have the duty of candour when they are acting akin to a partner in a project with the defendant public authority. Third parties are seen to have an active role and have the material that is relevant to the proceedings. The courts may recognise the benefits of the contribution of interested parties in the proceedings and may award costs even if they are not entitled to receive.

The article discusses the decision of Mongolia to pass a law subjecting the purchase by state-owned entities of controlling interest in Mongolian mining enterprises to government approval in time for the parliamentary elections in January 2012. The reason behind the legislation was the sale by Canadian company Ivanhoe Resources of its controlling interest in SouthGobi, a coal mine operator in Mongolia, to Chinese resource company Aluminum Co. of China or Chalco.