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The work of the probation officer for juveniles is tidied up with appropriate legal documents.However chaotic action is written down into the repair work and in spite of regulations which aredescribing the appropriate form of the execution of tasks, directly are touching practical actionscarried out with charge. Because we are dealing with unordered, diverse world of the customer –persons of the juvenile and families.
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In a constitutional democracy like the United States, law provides the context and structure for the larger political world. It can act as a force to cement the control and authority of the majority (either in a just or an unjust manner), it can empower political minorities in challenges against majority control and most frequently, it can provide opportunities and tools for both majorities and minorities to politically participate. The law, and its alteration, allow those who challenge the dominate social structure the ability to use the very legitimizing agent of the majority (the Constitution, statutory laws, and public codes) to force the majority to change according to their own rules. This is true not only in changing statutory laws and regulations, but also in the transformation of jurisprudential reasoning.
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Although the French Doctrinaires built up one of the most important political theories of the nineteenth-century, they remain largely unknown in the English-speaking world. This paper examines the Doctrinaires’ theory of publicity by concentrating on François Guizot’s History of the Origins of Representative Government in Europe and Royer-Collard’s parliamentary discourses. The Doctrinaires’ theory of publicity shows how the norms of publicity vary with different social and political circumstances and sheds light on the ways in which state and society can be involved in a complex process of mutual empowerment. Special attention is paid to Guizot’s theory of publicity as the cornerstone of representative government and to the Doc- trinaires’ views on freedom of the press.
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La période entre les deux guerres en Roumanie se caractérise par une lutte continuelle des femmes pour la reconnaissance de leurs droits civils, politiques, économiques. Pour obtenir ces droits, les femmes ont formé des associations qui ont évolué, au long du temps, se transformant en associations de lutte pour les droits des femmes (au commencement, ces associations avaient des buts charitables). Nous nous proposons de suivre la lutte de ces associations et des femmes présidentes qui s'inscrit dans la sociologie de type actionnaliste. Nous prenons en compte l'action des associations, comprise comme une action collective et l'action des femmes représentantes de ces associations, une action individuelle. Ce qui nous intéresse ce sont les moyens utilisés par les femmes membres des associations d'obtenir leurs droits, notamment le droit de vote.
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The emergence of World Zionist Organization at the end of 19th century and the increasing sympathy of world Jewry for political Zionism have strengthened the sense of the need to obtain a Jewish national home in Palestine. In a positive way, the end of the First World War and the decision of the League of Nations to place Palestine under British mandate favored regional development, especially of the Jewish community living there. Under the foreign administration, the Jewish people borrowed the proper aspects of the British model of parliamentary democracy and adapted them to the needs of the Yishuv, at a time when Jewish ideal enjoyed support and admiration, due in particular to Zionist diplomacy in Western Europe and the United States. Trying to maintain a good relationship with the British administration in order to fulfill its interests, the Jewish community in Palestine has thrived in various areas such as: political-institutional organization, economy, defence and demography, rapidly reaching a high level of development. These factors contributed tremendously to the birth of a modern democratic Jewish state. The reality of the simultaneous operation in Palestine of the three sets of institutions, those of the Yishuv, those of the Zionist Organization and those of the British administration represented a unique and remarkable fact. After Israel gained independence, the attempt to provide continuity to pre-state institutions represented a reality that was reflected in the flawless formula of the permanent institutions, in order to meet the needs of the new state in a situation of internal and international crisis.
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The article presents the legal opinions of two Advocates General (AG) of the Court of Justice of the European Union (CJEU) and two judgments of this court (CJEU) issued in cases C-157/15 and C-188/2015 in matters relating to religion. The main research method used in the article is the dogmatic method. The author analyzes the positions of two lawyers employed as AG CJEU in matters concerning the imposition of bans by entrepreneurs on persons employed, displaying religious symbols in places and time of work. The article is divided into five parts. In the first part, the author looks at legal concepts such as discrimination and religious freedom. In the second part, the reader is introduced to the essence of the dispute between entrepreneurs and employed believers of religion. The third part deals with the cases regulated by the provisions of Directive 2000/78/EC concerning lawful exceptions to the prohibition of discrimination. The fourth part is devoted to the policy of religious neutrality recognized by the European Union as a remedy between employers and employees. In the last, fifth part, the operative parts of the judgments of the Court of Justice are listed. CJEU rulings prohibit employees from wearing and displaying overly visible religious symbols. Failure to comply with this prohibition cannot be considered as direct discrimination on the basis of religion. The interest of the entrepreneur is not a sufficient justification for the parties to the re-employment relationship to reach an agreement, because the wearing of religious symbols by employees in the workplace cannot be considered as a “significant professional requirement.”
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A certified quality management system is one of the sources of the company’s operational competitive advantage and a factor in the formation of the company’s operational value. In addition, it reduces operational risks associated with, among other things, producer liability and its consequences (marketing, financial). For meeting the requirements of the ISO standard for a quality management system, top management: bears the responsibility associated with specific roles (functional responsibility) and takes responsibility for decisions. In addition, it should act responsibly in the internal and external environment of the organization. In legal terms, responsibility is related to the accountability sanctions in the quality management system, which are derived from its requirements for top management. Accordingly, failure to meet the requirements of the quality management system can be considered an act to the detriment of the owners of the enterprise, for which managers are liable under the terms of the Labor Code.
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Loyalty to their employer is one of the duties of civil servants, local government employees in clerical positions, and state officials. Officials owe loyalty to their employer, in this case an organisation without a legal personality under Art. 3 of the Labour Code and an office as defined by administrative sciences. The clerical duty of loyalty cannot be restricted to the other party to the employment relationship, however. Given the importance of the Polish nationality to the contracting and continuation of clerical employment relationships, officials must be assumed to owe loyalty to the state and public institutions. The clerical loyalty to the Republic of Poland should be seen as a materialisation of the constitutional duty of a citizen’s allegiance to a state. Due to the importance of an act of will to the deprivation of Polish citizenship, the discontinuation of a clerical employment relationship is necessary.
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The European Social Charter (both in initial as well as revised version), as one of the most important legal acts regulating the standards of labour law, contains a number of provisions that regulate the principles of social dialogue. The Charter imposes an obligation to encourage joint consultation between workers and employers; supporting the mechanisms of voluntary negotiations between employers or employers’ organizations and employees’ organizations in order to regulate employment conditions through collective labour agreements; supporting conciliation mechanisms and voluntary arbitration for settling collective disputes. The provisions of the Charter also regulate the right of employees to be informed and participate in consultations regarding the employer’s situation.
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The subject of the study is the institution of remote service by uniformed services officers. The legislator has significantly restricted the use of remote service, which may only be performer in strictly defined cases, such as states of emergency, state of epidemic threat or epidemic, or due to special needs of the service.
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The article presents an analysis of the normative solutions regarding support for a care of a person with a disability. It takes into account the changes introduced by the provisions of the Act on Supporting Benefits, which create a new system of care benefits from 1 January 2024 encompassing financial support exclusively for carers of people under the age of 18 with disabilities. The legislator simultaneously decided to leave the possibility of setting the care benefits after 1 January 2024 on the basis of the provisions in force up to 31 December 2023. However, the accepted duality of the solutions on this is difficult to justify because of the different treatment of carers of people with disabilities, because their right to a care benefit is determined by the moment that the application is filed. Similarly, the moment that the application is filed for a nursing benefit and consequently the procedure in which the case is handled determines whether it is possible for the carer of a person with a disability to take up gainful employment.
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The aim of the study is to present selected case law in the field of legal regulation of reasonable accommodation in terms of the importance of this legal measure for supporting the professional activity of persons with disabilities. The analysis of the judicature to date allows to identify several issues, the clarification of which made in the rulings of the Court of Justice of the European Union and the Polish Supreme Court, may facilitate the application of the legislation in practice, thereby supporting the taking-up and maintain employment of persons with disabilities.
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The research aims to understand whether, and to what extent, there are currently suitable institutions for the implementation of prevention and restoration of legality in the corporate sphere in the Italian legal system. These, if properly applied, should enable the enterprise to transform a negative event, such as mafia infiltration in its various forms, into an opportunity for improvement itself. More specifically, an attempt will be made to assess the ability of institutions such as judicial administration (Art. 34 of the Anti- Mafia Code - Legislative Decree No. 159/2011), judicial control (Art. 34-bis), voluntary judicial control (Paragraph 6, Art. 34-bis), preventive cooperation (Art. 94-bis), and organizational and management models under Legislative Decree No. 231/2001 (so- called Models 231) adopted ex post facto to put the company back on the correct path of legality.
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This essay aims at addressing the legal philosophy’s uptake on whether environmental sustainability can be integrated with distributive justice. After an analysis of the European legal framework, where the notion of sustainable development has been built, concepts such as the veil of ignorance, the capability approach, and human flourishing will be examined, arguing that sustainability and distributive justice are necessarily linked, as mutually reinforcing goals to human development. However, a transformational change is still necessary in the way we think about sustainability, to work towards a direction that should be holistic and inclusive of the needs of both people and the planet.
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The People’s Court was an extraordinary tribunal, established by the Romania at the end of the Second World War to try war criminals, those guilty of crimes against humanity and those who had involved Romania in the world conflagration on the side of the defeated camp, causing hundreds of thousands of victims and had brought the country to the brink of destruction.It was established in 1945 and convicted some 657 persons, some of the in absentia. Despite the fact that many of those put on trial were criminals, the Government influenced by Communists used the People’s Court for political repression against their foes.
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The history of human rights in the context of the European Union (EU) is complex and riddled with contradictions. This was convincingly demonstrated by leading experts in the area who wrote copiously about the existence of elements of institutional bifurcation in the organisation’s policies in the area. Although the EU is an important global actor in the field of human rights and had a positive impact on a number of human rights issues, a number of incoherencies and inconsistencies in its policies continue to have a detrimental impact on its political actions on the world stage. By examining the traditional explanations for these existing deficiencies in the political and institutional system of the organisation through a document analysis, this article sketches their problematic overall impact and argues, concurring to the above-mentioned experts, that these incoherencies resulted in a bifurcated human rights regime produced by the problematic elements of the EU’s own political identity. It also considers the impact of the Union’s enlargement on its human rights policies and the potential challenges this phenomenon poses in political and social terms.
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