"Case notes." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (199), pp. 34–35.

"ACT Administrative Appeals Tribunal Decisions." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (200), pp. 42.

This chapter presents an analysis of complex constitutional framework, examining institutional developments brought about by the Maastricht and Amsterdam Treaties and by focusing in particular on the major institutional changes brought about by the entry into force of the Lisbon Treaty. It illustrates how European integration in criminal matters has been organized over time. The chapter examines the extent of European Union (EU) competence to harmonize national legislation in the field of substantive criminal law and European integration in criminal matters (...) via the application of the principle of mutual recognition to criminal law and justice. It then explores harmonization of criminal procedure in order to facilitate the operation of mutual recognition and European integration via delegation, by an examination of the powers and interrelationship between various EU bodies and agencies in the field of criminal justice. The chapter describes the external dimension of EU action in criminal matters. (shrink)

This article offers a theoretical and doctrinal solution to a vexing question in public law: how to determine the justifiability of Charter rights-limiting administrative decisions. The jurisprudence suggests three approaches, or modes of reasoning: minimal impairment analysis, ‘interest balancing’, and ‘values-advancing reasoning’. Like Cerberus, the guard dog of Hades, Canadian public law has become three-headed. While scholars and courts argue about which mode of reasoning is categorically best, the culture of justification compels us to ask instead which provides the (...) most compelling explanation for each rights-limiting decision. Just as cutting off one of Cerberus’s heads would diminish his effectiveness as a guard dog, rejecting either of the modes of reasoning would limit decision makers’ capacity to explain their decisions and undermine a culture of justification. The article makes a theoretical case for retaining all three modes of reasoning and sets out a doctrinal approach to determining when each is applicable. (shrink)

The European Union (EU) has developed a vast body of environmental law, relying on a treaty title setting out normatively and descriptively complex environmental principles and approaches, as well as on those parts of the treaties focusing on the internal market. This chapter provides some introductory insights into EU environmental law. It explores that the Industrial Emissions Directive (IED) shows the potential of an approach to governance that sets environmental norms in a collaborative, problem‐solving forum beyond the face of legislation. (...) The chapter shows harmonization is not a straightforward category in EU environmental law. Much was made of the decentralization and local or national flexibility in the predecessor to the IED. By comparison, the IED places greater emphasis on the mandatory application of EU‐wide environmental standards. However, both the initial decentralization and the recentralization are highly ambiguous. (shrink)

This chapter reexamines the case law of the Court of Justice of the European Union (CJEU) through the prism of the modern structure of the foundational treaties of the EU: the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). The Lisbon Treaty has reshaped the structure of the positive law of the EU, marking a new stage in the process of creating a closer union. For EU procedural law, this has led to (...) the formal establishment of three focal points which reflect the issues involved. At one extreme, are general principles of EU law, which have constitutional status including the general principle of effective judicial protection. In the middle of the spectrum are two provisions which recognize the balancing of national and EU interests required at the procedural level. Finally, the treaties recognize the possibility for substantive regulation at the EU level. (shrink)

This chapter provides an overview of the key European Union (EU) competition law provisions, focusing on their impact on the global economy and how this impact is managed. It considers the main transnational themes that arise. The first is the age‐old question of the extent to which national law applies across its borders. The second is the question of externalities, which has two ramifications. The first is an economic one, whereby the concern is that the enforcement of competition law in (...) one jurisdiction may have negative repercussions in others, reducing global welfare. The second branch is political in character and arises when the enforcement of competition law in one jurisdiction harms the economic interests of firms abroad. A third theme is collaboration among agencies in the context of global anticompetitive conduct. A fourth theme is hypocrisy. The chapter also sketches how competition policy became the European Union's first supranational policy. (shrink)

The European Union's interest in developing rules concerning maritime law and liabilities has gained momentum, particularly after the Erika disaster in 1999. The development of EU maritime law has taken place on an incremental basis and to a large extent it is closely associated with various EU institutions' knee‐jerk reaction to pollution disasters within EU waters, prompted, no doubt, by the extensive media coverage of public outrage following such oil spills. This chapter considers several relevant EU directives and regulations devised (...) particularly since the mid‐2000s, with a view to evaluating the effectiveness of these measures in achieving a uniform marine legal regime within the European Union in harmony with the international law. A new trend within the European Union is to incorporate provisions of international conventions into the EU legal order by duplicating them in EU directives and regulations. (shrink)

The cyber domain is one of the newest and most rapidly evolving fields of knowledge which has led to the development of a new area of law—cyber law, that regulates the use of the Internet and activities performed over the Internet and other networks. The cyber domain is particularly dynamic: new concepts are constantly developed and need new terminological designations, which in turn need new counterparts in other languages. Formation of these designations and their counterparts often raises terminological issues that (...) are important to deal with in order to develop a coherent system of the cyber domain terms. The given paper focuses on the terminology that includes the lexical item cyber which may be considered as the main signifier of the cyber domain indicating its specific nature. The aim of the paper is threefold: to analyse the origin and development of the lexical item cyber, to investigate conceptual categories of the EU legislation terminology that includes the lexical item cyber and to establish the Lithuanian counterparts that are used for translation of the lexical item cyber in the Lithuanian equivalents of the English terms. For the purposes of the study, the ad hoc English and Lithuanian corpora of the EU legislative documents were compiled. Corpus-driven methodology was used to extract and investigate the terminology used in the corpora. The results of the research are believed to provide useful information to learners and teachers of the legal language and legal translation, as well as drafters of legislative and administrative documents and other professionals engaged in cybersecurity matters. (shrink)

This work examines the development and performance of federal independent regulatory bodies in Canada in the period up to 1979, with particular attention to the operation of legislative schemes that include executive review and appeal powers. The author assesses the impact of the exercise of these powers on the administrative law process, and proposes new models for the generation, interpretation, implementation, review, and enforcement of regulatory policy. The study includes a series of representative case studies based on documentation and (...) extensive interviews with individuals drawn from government, agencies, and other parties, including counsel for public interest groups. This enables author, writing from her experience as a participant-observer embedded in the public interest legal sector, to draw on the experiences and perspectives of a broad range of participants in the regulatory process, including but not limited to those dealing with the regulated energy, transportation, communications, and foreign investment sectors. Legal principles identified as emergent in leading judicial decisions in administrative law are used to assess the powers and practices used in executive reviews and appeals. The author finds those powers and practices to be flawed and proposes changes. The proposed models are designed to accord with emerging legal principles and avoid flaws of the types identified in the review and appeal provisions. This work, written under contract with the Administrative Law Project of the Law Reform Commission of Canada, formed one part of a comprehensive study of administrative law at the federal level in Canada. (shrink)

Various due process provisions designed for use by civil servants in administrative decision-making may become redundant when automated decision-making is taken into use in public administration. Problems with mechanisms of good government, responsibility and liability for automated decisions and the rule of law require attention of the law-maker in adapting legal provisions to this new form of decision-making. Although the general data protection regulation of the European Union is important in acknowledging automated decision-making, most of the legal safeguards within (...) administrative due process have to be provided for by the national law-maker. It is suggested that all countries have a need to review their rules of administrative due process with a view to bringing them up to date regarding the requirements of automated decision-making. In whichever way the legislation is framed, the key issues are that persons who develop the algorithm and the code as well as persons who run or deal with the software within public authorities are aware of the preventive safeguards of legality in the context of automated decision-making, not only of the reactive safeguards constituted by the complaint procedures, and that legal mechanisms exist under which these persons can be held accountable and liable for decisions produced by automated decision-making. It is also argued that only rule-based systems of automatized decision-making are compatible with the rule of law and that there is a general interest in preventing a development into a rule of algorithm. (shrink)

The entrepreneurship culture in young individuals is characterized by a set of traits and qualities that foster and promote the entrepreneurial spirit and the pursuit of opportunities for creation and innovation. In the case of vocational students, these traits may be manifested as attitudes, knowledge, and skills exhibited within specific contexts. The conducted study aimed to analyze the entrepreneurship culture in young Administration and Law students, as well as to compare this culture based on their educational profiles, considering two variables. (...) An instrument was administered to a population comprising 582 students. The findings lead to the conclusion that both Administration and Law students exhibit a promising level of entrepreneurial spirit, which can be further enhanced through their vocational education. (shrink)

This article focuses on strategic manoeuvring that takes place in Dutch administrative judi- cial decisions. These decisions may be seen as a distinct argumentative activity type. Starting from the char- acteristics that traditionally are per- tinent to this activity type, I will explore how implications of current discussions on the changing task of the administrative judge may be- come manifest in the judge’s strate- gic manoeuvring by means of the presentation of argumentation and the introduction of additional stand- (...) points. The case study of Dutch administrative law serves to demon- strate what consequences changing institutional demands may have for the starting points of the analysis of argumentation in judicial decisions. (shrink)

The covert administration of medication occurs with incapacitated patients without their knowledge, involving some form of deliberate deception in disguising or hiding the medication. Covert medication in food is a relatively common practice globally, including in institutional and homecare contexts. Until recently, it has received little attention in the bioethics literature, and there are few laws or rules governing the practice. In this paper, we discuss significant, but often overlooked, ethical issues related to covert medication in food. We emphasise the (...) variety of ways in which eating has ethical importance, highlighting what is at risk if covert administration of medication in food is discovered. For example, losing trust in feeders and food due to covert medication may risk important opportunities for identity maintenance in contexts where identity is already unstable. Since therapeutic relationships may be jeopardised by a patient’s discovery that caregivers had secretly put medications in their food, this practice can result in an ongoing deception loop. While there may be circumstances in which covert medication is ethically justified, given a lack of suitable alternatives, we argue that in any particular case this practice should be continually re-evaluated in light of the building moral costs to the relational agent over time. (shrink)

The U.S. Supreme Court held 7-2 that an individual harmed by an overt act that is not tortious under the Racketeer Influenced and Corrupt Organizations Act does not have a civil cause of action under RICO. Therefore, an individual terminated from his job in furtherance of a racketeering conspiracy does not have a civil cause of action, since such termination is not an “independently wrongful” act under RICO.The plaintiff, Robert Beck, was the president, CEO, director, and shareholder of Southeastern Insurance (...) Group. The defendants, including Ronald Prupis, were senior officers and directors of SIG. In 1998, the plaintiff discovered that the defendants were engaged in racketeering. The racketeering activities included refusing to qualify contractors for SIG surety bonds unless they paid fees to SIG; diverting corporate funds for their personal use; and providing regulators, shareholders, and creditors with false financial statements. (shrink)

The aim of this study was to develop an Administrative Ethical Behaviour Scale (AEBS) and to determine whether nurses found their head nurses’ behaviours ethical and to reveal head nurses’ ethical and unethical administrative behaviour. It was conducted on 264 nurses working in five state hospitals in Trabzon, Turkey. Content validity index of the scale was 0.87, item-to-total correlations ranged from 0.50 to 0.81 and Chronbach Alpha was 0.98. The scale included five subscales, i.e. truthfulness and honesty, liabilities (...) and supremacy of laws, rights and freedom, good human relationships and humanism, justice and equality. Overall, head nurses’ behaviour was considered ethical by nurses; however, their behaviour in terms of justice and equality, good human relationships and humanism was not found ethical. Positions, satisfaction with head nurses’ behaviour and frequency of contact with them affect nurses’ opinions. (shrink)

The penetration process of structures traditionally assigned to civil law into administrative law, especially administrative law aiming environmental protection, has been more noticeable through recent years. This process resulted in deepening the absence of a clear separation of private law norms from public law norms. It led to the existence of so-called quasi civil solutions, which can be found for example in the Act on prevention from damages in environment and its repair. Their specificity consists in the fact (...) that they cannot be regarded as civil law structures due to the differences between them and the civil law structures. This legal status sets new challenges for legal theorists as well as practition- ers. They concentrate on interpretation of administrative law provisions which were penetrated by civil law structures, taking into account differences between interpretation of administrative and civil law provisions. We should not reject specific character of the civil law provisions’ interpretation and interpret these provisions only by taking into account specificity of administrative law inter- pretation. Civil law institutions are characterized by a larger field for action, which is left for parties or performers, in comparison to the institutions of ad- ministrative law. This specificity of civil law structures should be considered as its advantage that should not be removed in the activities of public authorities. (shrink)

Interim measures are procedural means that allow persons or States to have their rights preserved when a case is pending. Application of these measures especially in environmental cases is very important. In many of these cases (e.g. cases dealing with territorial planning, IPPC permits, environmental impact assessment, etc.) the claims deal with the protection of environment or its components (water, air, soil, etc.) as well as with the protection of public interest. Legal regulation of application of interim measures provided by (...) Lithuanian Law on Administrative Proceedings is not optimal. That is why the first part of the article is dedicated to the analysis of the possibilities and problems of application of interim measures in the administrative proceedings in Lithuania, paying special attention to environmental cases. The second part of the article reflects the findings of a workshop of the Association of European Administrative Judges on „Interim relief in environmental matters” held in Vilnius on 22 September 2011. It briefly describes various national rules on interim relief procedures, especially in the German and the French legislation, with an assessment from the German point of view. This part of the article focuses on provisional legal protection where a permit is challenged by a third party whose rights are allegedly afflicted. In such a constellation the rights of the plaintiff compete with the rights of the operator. The article concludes that, when deciding on the necessity of interim measures, it is vital to ensure the balance of interests: both by ensuring effective access to justice and by protecting the respondent and the third party (in environmental cases - usually the operator) from the violation of their rights and the damage caused by the abuse of the right to request interim measures. In such cases short time limits for procedural steps both of the parties and the court are not advisable and a prima facie prognosis on the outcome in the main proceedings meets the interests of the parties. (shrink)

This Article examines consumer law enforcement in the EU. It shows how the effectiveness of collective and individual redress is intrinsically linked to the interplay between administrative and judicial enforcement and alternative dispute resolution. It addresses the trends and the contradictions of EU enforcement policies and their impact on national systems by looking at the role of general principles and fundamental rights, in particular Article 47 of the European Charter of Fundamental Rights. It concludes with policy recommendations concerning how (...) the various consumer enforcement mechanisms should be coordinated at the EU and national level to ensure comprehensive and effective protection in compliance with fundamental rights. (shrink)

In this article the influence of scientific attitudes of Prof. Mykolas Romeris upon modern administrative justice of Lithuania is investigated by historic and comparative aspects. In the first part of article the Professor’s ideas, stated in the fundamental monograph “Administrative Court”, published in Kaunas, in 1928, about the foundation of the Administrative court are reviewed. Here are also pointed out Prof. M. Romeris’ principal,alternative and critical notes concerning the draft of the Law of Administrative Court, made (...) by the Seimas (Parliament) Committee on April 1940. As due to historical circumstances of that time the Law was not passed, in the second part of this article the author proposes the analysis of which ideas of Prof. M. Romeris and to what ambit they were reflected in the Republic of Lithuania Law on the Proceedings of Administrative Cases enacted in 1999, and improved in 2000. The conclusion is made that in this case almost all principle attitudes of Prof. M. Romeris on the organizing the Administrative court and its competence were realized in this Law. It is also stated that the Law mentioned also embedded some other norms, e.g. the possibility to settle a dispute in a pretrial way in Administrative Disputes Commissions. (shrink)

Law as one sign system can be recorded and interpreted by another sign system—media. If each transaction in court is taken as a sign, it can be interpreted or transferred by different signs of media for the same purpose, though with different effects. This study focuses on the transformative effects of the semiotic revolution in media on law. The present research revealed that the evolution of media has driven the administration of justice to pay more attention to the process of (...) court proceedings. This research also discusses the semiotic conflict and compatibility between the sign subsystems within media upon interpreting the administration of justice. In addition, disequilibrium between different sign systems highlights the consequent need for intersemiotic translation, consciousness and evaluation as part of decision making on court domains. (shrink)

This chapter discusses the application of international humanitarian law (IHL) to EU military operations outside of the European Union (EU). It describes where the Union has performed best: promoting the development, acceptance, and respect of IHL by others. EU restrictive measures may be taken in its commercial policy, its foreign and security policy, and its development cooperation policy. A field in which the European Union may have a direct impact on violations of IHL is the export of arms. EU member (...) states continue to be involved in armed conflicts, but EU law did not govern their involvement. Therefore, the relationship between IHL and EU law is fortunately not (yet) an issue of daily concern for practitioners and EU institutions. In the instances in which the European Union has been a military actor abroad, IHL arguably did not apply because the Union had not become a party to an armed conflict. (shrink)

On April 6, 2000, Dr. J. Craig Venter of Celera Genomics told a Congressional committee that his company finished its analysis of the human DNA and would have a completed map of the human genome by early summer, 2000. Scientists expect the completed human genome to revolutionize drug therapies through the creation of treatments tailored to specific genetic makeups. In order to create a map of the human genome, three billion letters of DNA that encode eighty thousand genes must be (...) identified and ordered. In March, 2000, Celera released a successful sequence of the fruit fly genome, and it employed the same methods in creating the human genome. (shrink)

The European Union is one of the ‘big ideas’ of the twentieth and twenty-first centuries and has been built on the idea of the European Community, which it supersedes. Seen in this light the emergent law of the European Union is becoming omnipresent in so many ways and yet it does not appear to have been the subject of as much semiotic study as it deserves. This paper takes a multilingual stance and explores emerging EC and EU law from a (...) perspective of a lawyer-linguist practitioner in the field. The purpose is to describe a range of practitioner ‘realities’ and to explore how semiotics provides a tool for analysis and insights for a better understanding and awareness of EU law, with particular emphasis on the legislative, or law-making aspects. (shrink)

In the past few years, a second phase of biomedical ethics in Japan has begun to surface with a succession of governmental guidelines and laws regulating biomedical technology. Although this rush of guidelines exemplifies a heightened awareness concerning ethical standards for healthcare research, it also invites several practical, political, and procedural problems.

The 30 chapters of this book form a panorama across various disciplines on five key themes integrating education or research ethics as research ethics and 1) administration, 2) business/finance, 3) education, 4) environment, 5) justice and law. The goals of this book is to gather contributions in various disciplines on contemporary ethics in education and research in the global context and to show by conceptual argumentation how some normative ethical views have a global value and manage to overcome local controversy (...) and disagreement and have an essential relevance for the ethics of research or education. (shrink)

This book addressees a timely and fundamental problematic: the gap between the aims that people attempt to realize democratically and the law and administrative practices that actually result. The chapters explain the realities that administration poses for democratic theory. Topics include the political value of accountability, the antinomic character of political values, the relation between ultimate ends and the intermediate ends that are sought by constitutions, and a reconsideration of the meaning of the rule of law itself. The essays (...) are inspired by the demystifying realism of Max Weber and Hans Kelsen, including explications of their views on law, constitutions, and the rule of law. The book will be of interest to social and political theorists, philosophers of law, and legal theorists, and for discussions of democratic theory, the administrative state, constitutionalism, and justice, as well as to readers of Weber and Kelsen. (shrink)

1. In the circumstances of the overgrowth signs the scientific-technical revolution the following events in essential way are influencing the activities of public administration : 1° the establishing, under thepressure of the technical progress and specialization, of the big economic units ; 2° the acceleration of the processus of urbanization ; 3° the increasing threat of the biological environment and the appearance of newpossibilities for its protection; and 4° the leveling of differences between the living standards of the population in (...) town and in countryside. In that situation the socialist state has first of all to develop its organizationalfunctions.2. The organizational functions of the socialist state are implemenied above all by the supreme and local representative organs of the state authority and by the subordinated to them organs of the state administration. In the result of this organizational activity the scope of civic rights is extending. The state apparatus therefore is responsible for calling into being and for activities of the public institutions and facilities being used by the citizens at their choice. The regulating role of the state has hence respect more to these public institutions and facilities, and it is addressed more seldom directly to the citizens. That takes place especially in the sphere of the administration of national economy, the organization of technical public services as well as the services rendering administration.3. The social and economic assumptions of the socialist system are putting into effect by the organizational activities of the state apparatus. One of the fundamental features of this system is to gain the conscioussupport of the overwhelming majority of the society for actions of the socialist state and to consolidate this support. Such support is possible to reach only by the development of the democratic principles of thestate activities. The democratic institutions are established by the law, and the law is one of instruments of the realization of the political tasks of the socialist society being organized into the state. The state apparatus' function is to embody in action the tasks established by the law. And this therefore makes the role of the state apparatus very important as welt as provides to the necessity of permanent improvement of this apparatus.4. The social and economic plans create the substantial basis for the state administration activities. In the both national and local plans, voted by representative organs of the state authority, there are determined theeconomic and social tasks as welt as the aims concerning in advancement of the living standards of the population. In the state enterprises plans are voted by the organs of the workers' self-government. The principles of socialist democracy and democratic centralism are reflected in the procedure of planning.5. The processus of the administration in the contemporary state becomes more and more complicated. This processus demands an improvement of th social nature, but not of the technocratic one. And that improvement, realized in conformity with the social necessities, is safeguarded by the fact that the state machinery in the socialist country is inspired and vivified by the political leadership of the working class' party. (shrink)

In the article, we analyse ethical and moral issues of public administration in region of Eastern Slovakia through some cases of the last years. We focused on self-governing regions, namely the Košice and Prešov self-governing regions. We identified two fundamental situations where failures on the side of public administrators occur: selection processes for vacant positions, be it directly in public administration or institutions that fall under its domain, and public procurement with regard to the acquisition of goods and services. The (...) year 2009 was the year of elections to self-governing regions which is why a great number of negative cases dealt with the election campaign. Further, we stated that negative cases dealt with failures of bodies of self-governing regions from both the legal (breaking the law) and moral viewpoint. By claiming that public administrators failed morally, we meant breaking moral norms and rules. Contradictions, which were identified (from the ethical viewpoint), predominantly result from the conflict between public and private interests. In many cases, private interests of public administrators are preferred at the expense of public interests. And it is exactly this preference (a conflict of interests) that is sensitively perceived by the public. (shrink)

It is an unfortunate but unavoidable feature of even well-ordered democratic societies that governmental administrative agencies often create legitimate expectations (procedural or substantive) on the part of non-governmental agents (individual citizens, groups, businesses, organizations, institutions, and instrumentalities) but find themselves unable to fulfil those expectations for reasons of justice, the public interest, severe financial constraints, and sometimes harsh political realities. How governmental administrative agencies, operating on behalf of society, handle the creation and frustration of legitimate expectations implicates a (...) whole host of values that we have reason to care about, including under non-ideal conditions-not least justice, fairness, autonomy, the rule of law, responsible uses of power, credible commitments, reliance interests, security of expectations, stability, democracy, parliamentary supremacy, and legitimate authority. -/- This book develops a new theory of legitimate expectations for public administration drawing on normative arguments from political and legal theory. Brown begins by offering a new account of the legitimacy of legitimate expectations. He argues that it is the very responsibility of governmental administrative agencies for creating expectations that ought to ground legitimacy, as opposed to the justice or the legitimate authority of those agencies and expectations. He also clarifies some of the main ways in which agencies can be responsible for creating expectations. Moreover, he argues that governmental administrative agencies should be held liable for losses they directly cause by creating and then frustrating legitimate expectations on the part of non-governmental agents and, if liable, have an obligation to make adequate compensation payments in respect of those losses. (shrink)

This paper presents two projects concerned with the application of natural language processing technology for improving communication between Public Administration and citizens. The first project, GIST,is concerned with automatic multilingual generation of instructional texts for form-filling. The second project, TAMIC, aims at providing an interface for interactive access to information, centered on natural language processing and supposed to be used by the clerk but with the active participation of the citizen.

The gradual development of European Union (EU) immigration and asylum law has been characterized by two related, ongoing tensions: the conflict between EU competence in this field and national sovereignty, and the friction between immigration control and the protection of human rights. The EU's approach to resolving the two key tensions in this area are assessed by examining the four key subjects addressed by immigration law: visas and border controls, irregular migration, legal migration, and asylum. The European Union has been (...) more active in the fields of visas and border controls than in any other area of immigration and asylum law owing to the early development of a legal framework, originally in the form of the Schengen Convention. As for irregular migration, the European Union's initial piecemeal approach has been supplemented by the adoption of the fairly comprehensive Returns Directive. (shrink)

The article explores theoretical and practical aspects of evidence collection, examination and assessment in cases of administrative offences, which have been little analyzed as yet. In the article, evidence collection refers to the search for evidence, its discovery and consolidation in a material object. Evidence examination is defined as the establishment of actual data on the circumstances relevant to the case, which are recorded in the evidence, and an additional examination of certain circumstances. Evidence assessment means thinking activities to (...) analyze evidence collected and examined in the case and to establish the truth in the case, according to appropriate criteria. Referring to the opinions of various scientists and the case law of the Supreme Administrative Court of Lithuania, the article reveals elements of evidence in cases of administrative offences, thoroughly explores each stage of the averment process and provides practical examples and makes suggestions for solving problems. The article substantiates a conclusion that early examination and assessment of evidence should also be carried out during the process of drawing up a record of administrative offence. (shrink)

Article studies the absorption of European funds in Romania for the two post-accession periods: 2007-2014 and 2014-2020 and highlight the situation in Romania regarding the amount and evolution of European funds received, the structure of these funds, the evolution of the absorption during the two intervals by program type and Romanian areas of development as well as difficulties encountered and the solutions adopted to overcome them. The analysis is based on primary statistical data provided by the Romanian Government and the (...) European Commission, as well as studies and reports on national particularities and problems of absorption of European fund in Romania. In addition, a qualitative analysis of legislative and institutional framework aims to point out weakness and causes that hindered the absorption of funds. Paper highlights the increase of funds absorption in the current financial framework compared to the previous and emphasizes weaknesses in the Romanian institutional framework. The fact that many of the difficulties manifested in the first stage after adhesion were counter through appropriate solutions, enable better management of funds, which places Romania to the EU average in terms of rate of absorption. These solutions concern the improvement of administrative capacity. (shrink)

State aids law has become a major subject in its own right. Article 107 of the Treaty on the Functioning of the European Union (TFEU), which lays down the substantive rules on state aid, and Article 108 TFEU, which provides for the procedural rules, form part of the treaty chapter on competition. However, there are now several important pieces of legislation. The first is Council Regulation 994/98/EC, which applies Articles 107 and 108 TFEU. The gist of the regulation is that (...) the Commission is authorized to adopt block exemptions for certain categories of aid. On this basis, the Commission has adopted a number of regulations, which will be discussed in this chapter. The enforcement of the state aid rules by the Commission has been essential in containing the crisis. The Commission efforts have been supplemented by the policies of the European Central Bank, which provided enhanced credit support. (shrink)

Decisions of regulatory government bodies and courts affect many aspects of citizens’ lives. These organizations and courts are expected to provide timely and coherent decisions, although they struggle to keep up with the increasing demand. The ability of machine learning (ML) models to predict such decisions based on past cases under similar circumstances was assessed in some recent works. The dominant conclusion is that the prediction goal is achievable with high accuracy. Nevertheless, most of those works do not consider important (...) aspects for ML models that can impact performance and affect real-world usefulness, such as consistency, out-of-sample applicability, generality, and explainability preservation. To our knowledge, none considered all those aspects, and no previous study addressed the joint use of metadata and text-extracted variables to predict administrative decisions. We propose a predictive model that addresses the abovementioned concerns based on a two-stage cascade classifier. The model employs a first-stage prediction based on textual features extracted from the original documents and a second-stage classifier that includes proceedings’ metadata. The study was conducted using time-based cross-validation, built on data available before the predicted judgment. It provides predictions as soon as the decision date is scheduled and only considers the first document in each proceeding, along with the metadata recorded when the infringement is first registered. Finally, the proposed model provides local explainability by preserving visibility on the textual features and employing the SHapley Additive exPlanations (SHAP). Our findings suggest that this cascade approach surpasses the standalone stages and achieves relatively high Precision and Recall when both text and metadata are available while preserving real-world usefulness. With a weighted F1 score of 0.900, the results outperform the text-only baseline by 1.24% and the metadata-only baseline by 5.63%, with better discriminative properties evaluated by the receiver operating characteristic and precision-recall curves. (shrink)

In response to a competitive environment, hospital administrators are pressuring physicians to discharge Medicare patients “sicker and quicker” and to transfer indigent patients from their emergency rooms. This paper compares health administrators' ethics to public expectations regarding financially motivated hospital transfers and discharges. Health administrators use balancing strategies: code morality, survivalism, mission dependency, and tithing. Public expectations, exemplified in P.L. 99–272, P.L. 99–509, and recent case law, are based on norms of potential for patient harm and patient occupancy. These norms (...) are morally preferable to those of health administrators; they reinforce the value of identified lives and the reliability of the health care system. (shrink)

Dennis Hutchinson, Master of the New Collegiate Division and Senior Lecturer in Law, delivered the annual "Aims of Education" lecture at Rockefeller Chapel on September 19, 1999. He took this occasion to defend the recent changes in the Core Curriculum, which have reduced the requirement from 21 courses to 18 or 15 (if language requirements are discounted). He did the same on the Milt Rosenberg radio program "Extension 720," on WGN Radio (720 AM), February 18, 1999, at which time he (...) acted as an administrative spokesman with Dan Garber. (shrink)

On December 7, 1994, the U.S. District Court of the Northern District of Illinois ruled that ERISA preempts a participant in an ERISA plan from suing the plan's administrator under a state common law theory of respondeat superior ) : at 208). On September 12, 1995, the Seventh Circuit of the U.S. Court of Appeals reversed this decision and ordered that the case be tried in state court ). The court held that the case had been improperly removed to federal (...) court. The court of appeals stated that the federal court did not have jurisdiction because the plaintiff's claim did not fall within ERISA's provisions.In this case, plaintiff David Rice brought a medical malpractice suit against two doctors who provided treatment to him in accordance with his ERISA insurance plan. (shrink)

Both the European Union and the Council of Europe have a bearing on privacy in genomic databases and biobanking. In terms of legislation, the processing of personal data as it relates to the right to privacy is currently largely regulated in Europe by Directive 95/46/EC, which requires that processing be “fair and lawful” and follow a set of principles, meaning that the data be processed only for stated purposes, be sufficient for the purposes of the processing, be kept only for (...) so long as is necessary to achieve those purposes, and be kept securely and only in an identifiable state for such time as is necessary for the processing. The European privacy regime does not require the de-identification of personal data used in genomic databases or biobanks, and alongside this practice informed consent as well as governance and oversight mechanisms provide for the protection of genomic data. (shrink)

Congress's national-security legislation will often require clear and specific congressional authorization before the executive can undertake certain actions. The War Powers Resolution, for example, prohibits any law from authorizing military hostilities unless it "specifically authorizes" them. And the Foreign Intelligence Surveillance Act of 1978 required laws to amend FISA or repeal its "exclusive means" provision before they could authorize warrantless electronic surveillance. But efforts to legislate clear-statement regimes in national-security law have failed to induce compliance. The Clinton Administration inferred congressional (...) "authorization" for the 1999 Kosovo War from an appropriations statute that failed to specifically authorize the conflict. And the Bush Administration inferred congressional "authorization" for the NSA surveillance program from ambiguous language in the post-September 11th Authorization to Use Military Force. In both situations, executive-branch lawyers employed expansive theories of implied repeal and constitutional avoidance to evade the codified clear-statement requirements, and Congress and the courts acquiesced to the President's actions. Recent proposals to strengthen the clear-statement requirements in Congress's national-security framework legislation are unlikely to be effective without institutional mechanisms, such as points of order, that can deter future legislators from enacting vague or ambiguous legislation from which the executive might claim implicit congressional "authorization," and that can induce Congress to confront Presidents that act without specific congressional authorization. Simply enacting more narrow or explicit clear-statement requirements, or adding funding restrictions to Congress's framework legislation, fails to counter the aggressive interpretive doctrines that executives of both political parties have used to concoct congressional "authorization" from vague or ambiguous statutory language. (shrink)

This paper examines the practice of covert medication administration from an organizational ethics perspective. This includes consideration of vulnerability and stigmatization, safety, and fairness in terms of the culture of health care organizations and the relevance of policies and processes in relation to covert medication administration. As much of the discussion about covert medication administration focuses on patients and health care providers, this analysis aims to help expand the analysis of this practice.