The Influence of the 2012 Restructuring of the Greek Public Debt on the Economic Governance of the Eurozone and on Public Debt Law
In: European Law Review, issue 2, 2020, pp. 267-277
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In: European Law Review, issue 2, 2020, pp. 267-277
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In: 32 Stanford Environmental Law Journal 283 (2013)
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In: American political science review, Volume 11, Issue 3, p. 586-587
ISSN: 1537-5943
In: Sravnitel noe konstitucionnoe obozrenie, Volume 30, Issue 3, p. 108-124
ISSN: 2542-1417
Allocation of the burden of proof is a key issue of criminal procedure that is affected by multiple legal and social factors. Under due process principles, the defendant's right to a fair and impartial trial is deemed to be the epicenter of the whole structure. However, efficient law enforcement is a prominent public interest that must be considered. This article explores the correlation between public and private interest in proving insanity under the law of New York, which provides great empirical background due to its long history of legal disputes and legislative changes. Considering the nature and structure of the burden of proof, the author concludes that there are several principles for its fair allocation: the due party that bears both the burden and the risk of its nonperformance; the feasibility of the burden; the adequate opportunity for the other party to rebut; the concentration of resources upon needs that are not presumed but in fact exist. All the mentioned principles lay the ground for the harmonization of constitutional guaranties for the defendant as well as the successful enforcement of criminal law. The current New York approach to insanity defense as an affirmative one along with the history of its implementation tends to prove its compliance with such requirements. This finding suggests that bearing the burden shall not be treated as impairment by default, but can protect both the interest of this party and the integrity of the whole process.
In: Studia Universitatis Babeş-Bolyai. Iurisprudentia, Volume 62, Issue 2, p. 95-101
ISSN: 2065-7498
In: International journal of legal and social order, Volume 3, Issue 1
ISSN: 2821-4161
This study aims to summarize the application of the principle of equal treatment in public procurement law within the legislation of the European Union and in the legal system in Romania and also the fair processing of personal data as an expression of the principle of equal treatment by actors involved in public procurement in Romania and in public procurement litigation as reflected in doctrine, legislation and judicial practice.
The research method chosen is epistemological and empirical analysis, whilst highlighting legislation incidents pertaining to the chosen subject and of the judicial practice, resulting in the improvement of the research topic addressed, for a better understanding and application of the legal provisions in the matter of respecting the principle of equal treatment and that of protection personal data in public procurement law. In the end, the study highlights the conclusions reported to the analysis of the topic dealt with.
Intro -- Table of Contents -- Acknowledgments -- Introduction -- 1 Political Speech and the Concept of Democracy -- 2 Philosophy of Freedom of Speech -- 3 Historical Analysis of the Four Jurisdictions -- 4 Synthesis of Political Speech Cases in the Four Jurisdictions -- 5 Conclusion: Convergence of Political Speech Protections -- Notes -- Bibliography -- Index.
In: University of Luxembourg Law Research Paper No. 2021-008
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Duties and responsibilities assigned to the public administrative authorities are not privileges granted to those who occupy public offices. On the contrary, these duties are entrusted to officers with legal powers to carry out their duties to maintain the public interest. Delegation of competence is carried out by formal decisions issued the delegator to allow his delegates to discharge certain duties of according to the delegation. The delegator can only delegate if he is permitted by the legislator. He remains responsible for the delegates acts. The latter becomes, also, responsible before the delegator for his wrongful acts and he cannot delegate his delegated authority. Delegation of authority leads to redistribution of duties between the head and his delegate since it is based on the distribution of duties principle. It reduces the burden of work laid upon the head and it, also allows the delegate to discharge his assigned duties effectively and without delay. Delegation may, as well, improve the machinery of the government and leads to administrative reform. It reduces the defects arising from extreme centralization and may allow a good machinery of administration. Delegation, however, becomes successful if the ministries' heads are convinced and willing to allow delegation at a large scale. It is suggested, also, that an Act of delegation of competence should be enacted. This Act should embody rules that govern the process of delegation including its legal and administrative aspects. The named Act should be applicable to all public authorities in light of a general public policy that promotes delegation within various branches of public administration.
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This paper examines queer sex and public space usage in Los Angeles' Griffith Park through a series of recordings produced by the sound collective Ultra-red. Ultra-red have been using sound as a mode of political analysis since 1994 when they were founded by two AIDS activists in Los Angeles. This paper works in particular with two records released by Ultra-red in the late 1990s: an EP Ode to Johnny Rio (1998) and album Second Nature: An Electroacoustic Pastoral (1999), which are often referred to collectively as the Second Nature. For the Second Nature project, they draw their sound material from the public and private soundscapes of everyday queer life and cruising in Griffith Park. Ultra-red's compositions rely on looping, fragmentation, and a radical approach to cutting audio. This disrupts both the musicality and linearity we might expect from recordings that present themselves almost as documentaries that pits queer behaviors, bodies, and identities against the suburban conceits of those who call for laws that curb the behavior in the park through policing, entrapment, barring traffic, and issuing tickets to gay men for loitering and sexual behavior.
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In: Political theology, Volume 19, Issue 4, p. 314-330
ISSN: 1743-1719
In: In August Reinisch et al (eds), International Law and ...: Select Proceedings of the European Society of International Law (Oxford:Hart Publishing, 2016) 160-169
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