Applicable Legal Framework Research Articles

Pengendalian Persaingan Monopoli dalam Hukum Perdata: Upaya Perlindungan Konsumen dan Pengusaha Kecil

Monopolistic competition is a profound issue in civil law and has the potential to threaten the business ecosystem and consumer rights. This journal aims to investigate efforts to control monopolistic competition through a civil law perspective, with an emphasis on the protection of consumers and small entrepreneurs. The study utilizes an analytical and comparative law approach to identify the applicable legal framework in various jurisdictions, focusing on recent cases involving monopolistic competition. The findings of this study show that civil law has a significant role to play in the control of monopolistic competition by protecting consumer rights and regulating business practices that may hinder competition. The research also highlights the challenges faced in applying civil law in monopolistic competition cases and striking the right balance between consumer protection, small entrepreneurs, and economic sustainability. Legislative and judicial efforts undertaken by various countries are also analyzed to assess the effectiveness of monopoly competition control in supporting a fair and competitive economy. The results of this study provide a deeper understanding of the role of civil law in the control of monopolistic competition and its implications for the protection of consumers and small businesses. The practical implication of this research is the importance of strict supervision of monopolistic practices, strong consumer protection policies, and cooperation between various related parties to maintain a healthy business ecosystem.

Management and control of coccidiosis in poultry - A review.

Poultry coccidiosis is an intestinal infection caused by an intracellular parasitic protozoan of the genus Eimeria. Coccidia-induced gastrointestinal inflammation results in large economic losses, hence finding methods to decrease its prevalence is critical for industry participants and academic researchers. It has been demonstrated that coccidiosis can be effectively controlled and managed by employing anticoccidial chemical compounds. However, as a result of their extensive use, anticoccidial drug resistance in Eimeria species has raised concerns. Phytochemical/herbal medicines (Artemisia annua, Bidens pilosa, and garlic) seem to be a promising strategy for preventing coccidiosis, in accordance with the "anticoccidial chemical-free" standards. The impact of herbal supplements on poultry coccidiosis is based on the reduction of oocyst output by preventing the proliferation and growth of Eimeria species in chicken gastrointestinal tissues and lowering intestinal permeability via increased epithelial turnover. This review provides a thorough up-to-date assessment of the state of the art and technologies in the prevention and treatment of coccidiosis in chickens, including the most used phytochemical medications, their mode of action, and the applicable legal framework in the European Union.

Sponsorship Disclosure in Social Media Influencer Marketing: The Algorithmic and Non-Algorithmic Barriers

The growth of social media influencer marketing has created sophisticated opportunities for deceptive marketing practices to proliferate online. While sponsorship disclosures alert consumers to the commercial nature of social media content and are required in different jurisdictions around the world, many influencer ads do not incorporate disclosures that comply with applicable laws. Building on Bourdieu’s theory of field as the theoretical lens, this research examines the disconnect between formal regulation and on-the-ground influencer marketing practices in Canada by investigating the current barriers to compliant sponsorship disclosure. Using semi-structured interviews with influencer relations professionals, who play an intermediary role between brands and influencers, the research explicates the (1) algorithmic challenges (e.g., algorithmic deprioritization or shadowbanning) and (2) non-algorithmic challenges (e.g., lengthy disclosure processes) to maintaining high disclosure standards. The research identifies the strategies influencer intermediaries can use to achieve upfront and conspicuous disclosure in a social media landscape where the algorithmic determinants of success are unpredictable, and the adaptation of applicable legal frameworks is traditionally slow.

The (Legal) Concept of Waste: An Obstacle for Exnovating Linear Economic Activities and the Transition to a Circular Economy (In the Brussels Capital Region)?

This contribution examines whether and how the legal framework regarding waste, as applicable, is an obstacle or not to exnovating the linear economy. After providing an overview of the applicable legal framework regarding waste and the role of waste in the context of exnovating the linear economy (or put differently in the transition to a circular economy) (section II) the contribution dives into the concept of waste (section III) and examines the criteria that are to be fulfilled to qualify a product as waste. Once qualified as waste, a substance or good can also lose again this status if it complies with the conditions of the so-called ‘end-of-waste status’. This contribution examines how these criteria impact a circular economy. The conclusions of the assessment are bundled in section IV. This contribution is part of the interdisciplinary ULB/VUB research project Gosete, financed by Innoviris Brussels (Belgium). Gosete examines the governance issues related to the transition to a sustainable economy and in that context different case studies focused on the Brussels Capital Region (BCR) have been performed. This contribution thus also focuses on the legal framework as applicable to the BCR. However, to the extent this legal framework derives from EU legislation this contribution includes a more general assessment.

The Implementation of Mutual Legal Assistance between Indonesia and Switzerland Regarding Asset Recovery

Mutual Legal Assistance in Criminal Matters (MLA) between Indonesia and Switzerland was ratified by the Indonesian government through the enactment of the Law Number 5 of 2020. It outlines the applicable legal framework for reciprocal legal assistance in criminal matters, including the trace of the proceeds of crimes. It is expected that this MLA may facilitate the process of returning assets from Switzerland to Indonesia. This article aims to discuss the implementation of the MLA between Indonesia and Switzerland in returning assets resulted from corruption which were especially stored in Swiss banks. This normative legal research employs both statutory and comparative approach. Analysis was made based on the study upon relevant legal materials, including national legislation, international regulations, and journal articles. It is found that the contribution of the MLA in regard to returning asset resulted from corruption is still minimum. The implementation of the MLA between Indonesia and Switzerland encountered obstacles and various resistance. More serious efforts are needed in order to achieve the main goal of the establishment of the MLA, namely asset recovery.

CITIZENS' RIGHTS TO PARTICIPATE IN STATE MANAGEMENT IN LOCALITIES IN VIETNAM

In modern society, public engagement in state administration operations carried out by local authorities is among the fundamental features of the structure and operation of a democratic state. Nonetheless, their degree of populace participation reflects each nation's democracy and civilization. In this study, the author focuses on examining the content and practices of public engagement in management operations carried out by local authorities in Vietnam within the applicable legal frameworks. The author points out constraints, such as the people can take part in and decide on some of the local development management tasks, namely infrastructure construction and undertaking public welfare works funded by themselves; whether they are taken part in the development of programs and projects and request local authorities to examine and carry out them is not clearly stated. The author argues that the issue involving extending people's rights to participate in management activities carried out by local authorities has to be investigated and developed from that practice.

Protection and support of terrorism victims in the criminal proceedings in Kosovo: The compliance with standards of the Madrid Memorandum

Victims of terrorism can be considered a special category within the broader and more general group of “victims of crime”. In recent decades, there has been an international trend to develop more specific treatment, both in legal and practical terms, to address their particular needs in unfortunate times of intensification and sophistication of terrorist attacks, with a correlative increase in the harmful consequences for an increasing number of victims of terrorism. At the international level, one such instrument is the Madrid Memorandum, which contains relevant guidelines that serve as a reference for States, who can draw inspiration from them when designing their national standards of protection and support for victims of terrorism. This paper aims to critically analyze the legal framework applicable in Kosovo on the issue of protection and support of victims of terrorism from the pre-trial phase, through criminal proceedings, and after the completion of criminal proceedings, with special emphasis aiming to analyze the compliance of these rules with standards of the Madrid Memorandum. The paper identifies three areas in which the applicable legal framework for the protection and support of victims of terrorism in criminal proceedings needs to be harmonised with the Madrid Memorandum’s standards.

Leveraging the Belt and Road Initiative for Green Investments: The Case of Bangladesh

Abstract Despite there being a well-documented need, as well as opportunity, to enhance foreign direct investment (‘FDI’) inflow to climate-friendly (‘green’) economic activities in Bangladesh, the reality portrays a stark contrast. Nowhere is it more obvious than the evolving investment relationship between China and Bangladesh under the Belt and Road Initiative (BRI). Originally under the rubric of the Bangladesh-China-India-Myanmar (BCIM) economic corridor, and later under the garb of the BRI, Chinese investments in Bangladesh have predominantly ended up in fossil fuel-based sectors. Even after the advent and expansion of the ‘green BRI’ initiative, reality has not changed much. This article offers an assessment of investment inflows from China to Bangladesh under the BRI umbrella against the backdrop of a growing green investment trend and the existing applicable legal framework. It finds that key legal and policy challenges that prevent leveraging of the BRI for green investment into Bangladesh include: an uncoordinated approach from the government, a disregard for the role of economic policy instruments for climate action, and politically motivated, as well as path-dependent decision-making with respect to investment promotion. This paper suggests that ambitious climate commitments combining economic policy tools, along with a more integrative and holistic domestic approach to climate action and investment promotion, can help shift the status quo.

DISKRIMINATORNI ASPEKTI POLITIKE PLAĆA U JAVNOM SEKTORU U REPUBLICI HRVATSKOJ, S NAGLASKOM NA POJEDINE KATEGORIJE ZAPOSLENIH U DRŽAVNIM TIJELIMA I JAVNIM SLUŽBAMA : LIJEČNIKA, SVEUČILIŠNIH NASTAVNIKA I SURADNIKA, SUDACA I SUDSKIH SAVJETNIKA

Public sector salary policy aims at making the salary system more transparent and keeping it at the same level in different public authorities and services. In practice, governing bodies use salary policy to demonstrate their priorities in managing the entire public sector. Such an approach frequently carries particular discriminatory features. The paper aims at presenting the system of determining the salaries of employees in public authorities and public services and giving an overview of the currently applicable legal framework in this regard. Considering the size of the public sector, a salary analysis was made on a sample of the salaries of university teaching personnel, doctors and judges. The criteria for selecting the jobs in question in the sample are the features common to each profession: independence in decision-making and work as set by the legal framework, a clear hierarchy of advancement in the profession, budget financed salaries and external evaluation related to potential advancement within the system. For each group of the aforesaid categories of employees, the similarities and differences in the salary determination system are shown. Accordingly, the extent to which the principle of equal pay for equal work is respected as stipulated by the provisions of the Labour Law, as well as potentially discriminatory elements in the determining salaries system within the public sector are established.

Regimul juridic al acțiunilor cu drept de vot multiplu

Starting from the possibility for shareholders to derogate from the rule one share – one vote, this article examines whether and under what conditions multiple voting shares may be issued. The scientific approach reviews not only the applicable legal framework, including from a historical perspective, but also the relevant doctrine and jurisprudence, as well as aspects of comparative law.

The post-2010 jurisprudence on children's rights under the Kenyan Constitution

The Constitution of Kenya, 2010 provides for a comprehensive Bill of Rights that seeks to ensure the protection of rights with an emphasis on 'marginalised' and 'vulnerable' persons. A dedicated clause and other specific provisions in the Bill of Rights detail the rights for children. Since 2010 the Kenyan judiciary has adopted a progressive stance by interpreting these provisions in ways that affirm children's autonomy and agency while recognising the reality of children's vulnerability and their need for protection. The expansive provisions of the Constitution have also enabled Kenyan courts to more readily embrace systematic remedial measures, such as judicial recommendations for the reform of the applicable legal framework and implementation of new policies to give effect to rights.

Judging without railings: an ethic of responsible judicial decision-making for future generations

ABSTRACT Climate litigation presents specific challenges to judicial decision-making, related to uncertainties caused by the border-crossing nature of the applicable legal frameworks and the complexity of the climate system. Judiciaries around the world often turn to process-based review when dealing with such uncertainties. In process-based review, judges focus on ensuring that decision-making procedures are fair and inclusive of all relevant interests, instead of on substantive policy choices. However, in the case of climate litigation, it appears that where judges wish to use process-based review to avoid substantive judgments in the face of uncertainty, they cannot escape uncertainty about who to include and exclude from the processes. We argue that judges engaged in process-based review must develop an ethic of responsibility for those who are excluded from the democratic process by judicial decision. This ethic of responsibility focuses on the moment before and after the judicial decision, calling the judge's attention to her responsibility to become receptive to the ‘face of the other’ and to reflect on the ‘moral remainders’ caused by her decision. While the decision on exclusion remains based on uncertain grounds, this approach helps ensure it is taken responsibly.

Компетентен орган в пенсионното производство в контекста на понятието „длъжностно лице“ по смисъла на административното право

The right to social security and social assistance is constitutionally established. Issues related to pension proceedings are of utmost importance, as pensions are the most important insurance payment for persons who have lost their earnings or means of support. Given this, the resolution of issues arising in the course of pension proceedings are of great importance to both practice and doctrine. The purpose of this article is to clarify who is the competent authority in pension proceedings in the context of the concept of ‘official’ under administrative law. On the basis of the analysis of the relevant norms, conclusions and generalizations are drawn concerning the applicable legal framework.

Legitimate Targets: What is the Applicable Legal Framework Governing the Use of Force in Rio de Janeiro?

Legitimate Targets: What is the Applicable Legal Framework Governing the Use of Force in Rio de Janeiro?

Status Artis: Research in the Law and Practice of Crowdfunding

The present article aims to provide a comprehensive overview of the state of the art of legal science on crowdfunding and to lay the foundation for the understanding of some of its key concepts, facilitating the development of future legal research. This paper demonstrates that legal scholarship seems to not take full comparative advantage of the fact that many concerns are common across jurisdictions, such as encouraging SME development through access to risk capital or ensuring the protection of the unsophisticated investor. It also shows that scholarship and legislative efforts, predominantly in the US and the EU, are most often focused on investment crowdfunding and that these efforts usually attempt to define the obligations of the crowdfunding service provider, striking a balance between stimulating access to risk capital for start-ups and scaling up the crowdfunding business while, at the same time, protecting investors - in particular the unsophisticated ones. Even though it is challenging to legally define specific crowdfunding services, the commonly used typology of crowdfunding is found to be meaningful in a legal context, as it denotes the applicable legal framework. Considering that there is a correlation between the clarity of regulation in a country and the volume of crowdfunding, and given that crowdfunding is growing as both a method of finance and as a business, the time is ripe for legal scholars to direct their attention to the field. In doing so, they assist the actors in the market, the legislators, and the judiciary.

Project Design and Management of Optimized Self-Protection Plans: A Case Study for Spanish Public Buildings

Self-protection plans are the fundamental tool established to prevent and control the risks that threaten people and assets. In turn, they are essential to provide an adequate response to possible emergency situations that may occur in public or private buildings, facilities, or events. In this context, current and future challenges advocate increasing the usefulness, versatility, and adaptability of self-protection plans. For this purpose, this paper aims to develop a conceptual model for the project management of self-protection plans with a lifecycle approach. The research provides results concerning guidelines, aspects, and potential regulations, technologies, tools, methodologies, and maintenance frameworks to be followed for any building in different project phases. The methodology followed has consisted of a process in stages, with literature review and a conceptual development to obtain an adaptable model to any public building. The adaptability of the framework relies on the definition of potential methods, information systems, and technologies that can support any phase during the Self-Protection Plan life cycle. Moreover, it was applied in a specific environment, such as in public buildings under the Spanish regulation using the most common tools and applications available. Results proved that although it is possible to make a base model applicable to any publicly owned building, there is an extensive and precise subsequent work of adaptation to specific cases in which the applicable legal framework makes this task challenging. Finally, the results obtained have allowed us to reflect on future research needs.

The contribution of the German building sector to achieve the 1.5 °C target

The melting greenhouse gas emissions budget of the German building sector for the 1.5 °C target requires fast counteraction. In this paper, an analysis of the applicable legal and regulatory framework, the funding situation as well as national and international strategies on a transformation towards climate neutrality elucidates that the suggested approaches do not take a holistic view into account. They neglect, that embodied emissions from construction and emissions from operations phases of buildings must be oriented on the remaining budget, as well as material and human resources associated with the required actions. Therefore a framework to decarbonise the German building sector with eleven recommendations for action, which addresses these findings, is developed with a panel of experts. The results clarify, that the focus must be on adapting the existing building stock since renovation processes release significantly fewer emissions than the construction of new buildings. Stricter legal requirements for building envelopes have no significant effect on the reduction of emissions. Instead, fast-acting measures, such as the usage of district heating, photovoltaics, heat pumps, the optimisation of building operation and digitalisation, must be implemented in a prioritised manner to save resources and maintain the emissions budget longer. To be able to align effective measures it is necessary to engage all Stakeholders and to establish reliable political guidance down to the building level.

Regulating Composite Platform Economy Services: Examining the Applicable Legal Framework in Light of Recent Judicial Developments

Numerous platform operators provide composite services comprising electronic and non-electronic elements, whose legal classification has been highly debated. This is partly explained by the fact that theEU law regime applicable to information society services (ISS) is far more favourable to businesses than that applicable to other types of services. The most recent case-law, however, has noticeably strengthened Member State regulatory prerogatives regarding ISS by, inter alia, giving a whole new meaning to the provisions of the E-commerce Directive. This twenty-year old legal act certainly needed reshuffling, but the Court’s approach has created a high degree of uncertainty forMember States wishing to regulate ISS in compliance with their notification obligations. Further, the applicable legal framework fails to guarantee the freedom to provide composite platform economy services that classify as two independent services of offline and online nature. The present article presents the main takeaways from recent judgments and highlights the structural differences between the legal regime applicable to ISS and that applicable to other kind of services, as well as their shortcomings. Digital Single Market – Regulation of the platform economy – Composite services – notification – online platform liability – e-commerce – Digital Services Act – Directive 2000/31 – Directive 2015/1535 – Directive 2006/123

Disability’s rights to health: an obligation triggered by corona virus pandemic

This paper examines the right to health and disabilities rights in the wake of Corona virus pandemic. The objective of this paper is to examine the applicable legal and policy frameworks on the rights of persons with disabilities and how it has adequately protected such persons in the face of Corona virus pandemic. The study adopts analytical, qualitative approach and builds its argument on existing literatures. The paper recommends the existing laws and policies on disability’s rights to health be enforced by relevant agencies, whilst Article 25 of the Convention on the Rights of Persons with Disabilities 2006 should be made proactive.

Mandatory Vaccination during the Period of a Pandemic: Legal and Ethical Considerations in Europe.

The present study explores the pressing matter of mandatory vaccination in Europe from an ethical–constitutional perspective. To start with, it considers the bases of the concerns that have been raised to date, as well as those of the documented opposition. This is followed by an analysis of the applicable European legal framework and a discussion on mandatory vaccination in the workplace, education and the leisure industry, before outlining the conclusions reached. The position taken by this paper is that as long as certain conditions are met, mandatory vaccination does not violate fundamental rights. On the contrary, provided that the principle of proportionality is satisfied, mandatory vaccination as a form of medical intervention constitutes a manifestation of the obligation on the part of the state to protect the fundamental rights to life and health.