Independent Administrative Authorities Research Articles

THE PUNITIVE POWER OF INDEPENDENT ADMINISTRATIVE AUTHORITIES: FOCUS ON FINANCIAL AND TAX VIOLATIONS (A COMPARATIVE STUDY)

Background: In France, some independent administrative authorities have been granted punitive powers concerning violations committed against stated regulatory rules. In this regard, the issue of the accumulation of penalties has been repeatedly raised concerning sanctions imposed by independent administrative authorities and criminal justice penalties. For example, a certain action could be criminalised by virtue of the Penal Law, necessitating a custodial sanction or a fine, while also considered a mere breach under financial and monetary laws, leading to the imposition of a certain financial penalty. This raises the question of whether the infliction of both criminal and administrative sanctions on financial and tax crimes violates the 'ne bis in idem' principle. The French Constitutional Council has addressed this issue extensively; it has banned the accumulation of criminal penalties and administrative sanctions of a punitive nature upon the fulfilment of certain conditions. Interestingly, these conditions did not apply to tax disputes, permitting the accumulation of penalties in this specific field. However, the accumulation of penalties was banned and deemed impermissible in financial markets. Therefore, a major question can be raised: Why has the Constitutional Council adopted two different approaches in those two similar fields? Methods: In pursuit of the research goals, this study employed a combination of comparative, historical, and analytical methodologies. By examining the legal nature of independent administrative authorities, this study conducts a comprehensive examination of relevant legal texts, encompassing constitutional provisions, legislation, and judicial decisions, to analyse the ne bis in idem principle in France. A comparative analysis approach was utilised to compare the rulings of the French Constitutional Council, the French Court of Cassation, and European judicial bodies. Results and conclusions: In various jurisdictions, including France and the EU, the principle of non-accumulation of criminal penalties and administrative sanctions is recognised, yet differences arise in its application. Jurisdictions vary in approach, with some strictly prohibiting accumulation while others allow flexibility based on factors like offence nature and societal interests. The French Constitutional Council sets standards, allowing dual penalties in tax matters but not in finance. Rulings by the French Constitutional Council and Court of Cassation offer insights into applying the principle, revealing complexities in balancing regulatory enforcement and individual rights.

Tendencias de las quejas ante el Defensor del Pueblo en Angola: análisis a partir de informes de actividad

Since the appearance of the Ombudsman in the Angolan legal system, through Article 142 of the Constitutional Law of 1992, and the election of the first Ombudsman in 2005, Angolans have had an independent administrative authority responsible for defending the fundamental rights and freedoms of citizens. The complaint to the Ombudsman represents an administrative guarantee for individuals to claim their rights and protect their legitimate interests in the face of an act or omission by the Public Administration that violates or threatens them. The aim of this article is to analyse trends in complaints to the Ombudsman, based on his activity reports for the years 2011, 2014, 2018 and 2022. This is an exploratory and documentary study, which analysed sociodemographic variables, the subject of the complaint, the institution targeted and the solution given. The interpretative or hermeneutic method was also used in the interpretation of legislative texts. The results point to an increasing number of complaints to the Ombudsman, mostly made by citizens of Luanda, with a predominance of males, with the most targeted institutions being central state administration bodies, and filing as the most recurrent solution. The conclusion is that there is an annual increase in the number of complaints, although this does not reflect the diversity of the more than thirty million inhabitants. On the other hand, the slowness of responses and the population's unfamiliarity with the role of this authority can be pointed to as reasons for the low level of adherence.

Adherence of Public Officials to the Disclosure of Conflict of Interest While Performing Their Job Responsibilities: A Comparative Study between French and Jordanian Law

Objectives: This study aims to analyze the legal framework regarding the duty of public officials to disclose conflicts of interest and draw lessons from the French experience. It identifies legislative gaps in Jordanian laws concerning the duties of public officials, the nature of conflicts of interest, and the mechanisms for disclosure during and after service. Methods: This study utilized a descriptive, analytical, and comparative approach. It presented relevant legal texts defining the responsibilities of public officials, clarified the nature of conflicts of interest and their cases, analyzed and interpreted their content, and compared them with French law. Results: The prevalence of conflicts of interest can be attributed to the lack of awareness among public officials due to the omission of a mechanism for mandatory disclosure and effective methods to confront these conflicts in Jordanian legislation. Furthermore, administrative control over public officials has not been adequately activated. Conclusions: Legislative frameworks, both preventive and precautionary, are necessary to regulate the disclosure of conflicts of interest in public service. The study recommends adopting the French approach by establishing an independent administrative authority dedicated to public transparency. This authority would declare and publish employees' interests, prevent conflicts of interest, disclose, and mitigate their cases, and enhance transparency between citizens and the administration.

The Competition Council Between Independence and Dependence

This research paper aims to investigate the extent to which the Competition Council truly distinguishes itself with sufficient independence and non-subordination to the executive authority, allowing it to directly exercise its powers related to market regulation and punishment of practices contrary to free competition. The Algerian legislator has granted the Competition Council a set of important powers as an independent administrative authority, enabling it to regulate the market and protect free competition. However, it shares executive authority in these matters. It cannot be said that the Competition Council is fully independent, as its members are appointed by the authority represented by the President of the Republic, especially in the absence of other appointment methods. Despite some required conditions for the President’s selection of members, they only relate to the necessary competence for performing their duties. As for functional independence, there are numerous interventions by the executive authority, particularly in establishing internal regulations. Additionally, the council’s funds are considered the Ministry of Trade’s funds, being its sole source of income. Furthermore, annual reports are submitted to other entities.

Функциональная децентрализация государственного управления: релевантность заимствования опыта зарубежных стран

The paper undertakes a comparative legal analysis of the legal status elements of the Russian Federal Service for Supervision of Communications, Information Technology and Mass Media and the French National Commission on Informatics and Liberty (Commission nationale de l’informatique et des libertés; hereinafter – CNIL, Commission). The purpose is to activate the deficient researchers’ attention to the problem of functional decentralization of public administration. The authors propose a definition of functional decentralization of public administration. The paper notes the contradiction between the commodification of services provided by CNIL and its democratic nature. Particular attention is paid to the possibility of vesting independent administrative authorities with legislative powers. It is argued that the peculiarities of CNIL’s human resource capacity should be explained through intentionality of the state. It is emphasised that the sanctions imposed by CNIL do not have the force of res judicata, which entails the authors’ conclusion on untenability of the theory proclaiming jurisdictional immunity of independent authority. The explicable impossibility of absolute independence of the commented de-etatisation phenomenon is substantiated in terms of correlation of autonomy and autarky. It has been revealed that a possibility of hypertrophied conceptualisation of autonomy of independent administrative bodies serves to be a structural drawback of the concept of functional decentralization of public administration. It is asserted that the direct linkage between the subject of governance and the managed object should be considered as a substantive feature of functional decentralization of public administration. It has been established that the introduction of the institute of independent authority in the public administration system should be preceded by consideration of relevant factors. The paper notes the deficit of theoretical studies on functional decentralization in the legal literature of the Russian Federation. The ensuing conclusion is that the development of the discussed concept within the framework of the Russian institutional landscape is possible at present only at the theoretical level.

CONSOB and the Administrative and Inspection Supervision of Securities Markets. A Case Study on the Interaction between European and Italian Law

This article examines the question of the constitutional legitimacy of independent administrative authorities. This legitimacy is studied in its internal and supranational dimension and is analysed with a main reference to the legislation and experience of CONSOB, which is a particular Italian administrative structure, which represents an important example of the main characteristics and constitutional problems related to the administrative authorities independent. Through this examination, the same analysis seems to demonstrate that the aforementioned constitutional legitimacy must be identified fundamentally in European law, even if the peculiarities of those administrative structures seem to require a stronger verification of this legitimacy through recourse to a full and broad application of the discipline Italian and European legislation on the administrative procedure, with particular reference to the participation of interested subjects, which can make a useful contribution to the completion and implementation of the legitimacy indicated above, allowing for the correction of a tendential democratic deficit, which can be found in the same administrative structures.

La formation des professionnels en psychiatrie légale : résultats d’une enquête en Occitanie

ObjectivesSince the enactment of the French law of 4 March 2002, patients’ rights have been the subject of constant legislative evolution and particular attention from many independent administrative authorities. In psychiatry, these have led to numerous legal reforms over the years. Moreover, psychiatry is a medical specialty with abundant, long-standing and more than ever topical interactions with the judicial system (psychiatric care without consent, isolation and restraint, court-ordered care, psychiatric care in prisons, treatment of perpetrators of sexual violence, judicial expertise or the question of lack of criminal responsibility due to a mental disorder). In response to the many legal questions asked by medical and paramedical teams, and to the growing interest in research in forensic psychiatry, a unit called EPL (Espace de Psychiatrie Légale) was created, composed of a multidisciplinary team, based in the department of Haute-Garonne, France. In order to adjust its scope of intervention, a questionnaire was distributed to mental health professionals to assess their training needs in forensic psychiatry. In this article, we aim to present and discuss the results of this survey. MethodsWe used a self-assessment survey designed by the multidisciplinary team of the EPL and which was filled out online by the respondents. The target population was all the professionals working in mental health facilities, members of the FERREPSY Occitanie research federation. The questionnaire consisted of several sections relating to the respondents, the typology of patients under their care, the professionals’ daily practice, and training in and knowledge of forensic psychiatry. We included some open-ended questions on the situations encountered that may have presented difficulties and on the impact of legislative changes on the daily practice of professionals. All responses were analyzed anonymously. ResultsFrom 05/05/21 to 17/07/21, 155 professionals responded. Most of them were psychiatrists (32.3%), healthcare managers (20.6%) or nurses (18.7%). The majority were women (78.7%) and had been working in Haute-Garonne for more than 5 years (74.2%). 56.1% of the professionals worked in outpatient units, 37.4% in inpatient wards and 74.8% in adult psychiatry. This questionnaire revealed a strong need for training in forensic psychiatry. Indeed, 94.8% of respondents wanted to receive training in forensic psychiatry, which contrasts with the number of people who had already received training in this area (15.5% in initial training, 32.3% in continuing education). The results highlighted that the most common forensic situations encountered in daily clinical practice concerned areas where professionals considered their knowledge to be insufficient. In addition, the self-assessment scales used were able to highlight specific training topics that should be developed. ConclusionsThe results of this survey therefore establish a basis for making adjustments to future educational interventions involving forensic psychiatry, which, although it has only recently emerged in France, embraces issues that have always concerned the management of patients receiving psychiatric care.

Une longue marche vers l'indépendance et la transparence: L'histoire de l'Autorité de sûreté nucléaire française by Philippe Saint Raymond, and: Confessions of a Rogue Nuclear Regulator by Gregory B. Jaczko

Reviewed by: Une longue marche vers l'indépendance et la transparence: L'histoire de l'Autorité de sûreté nucléaire française by Philippe Saint Raymond, and: Confessions of a Rogue Nuclear Regulator by Gregory B. Jaczko Albert Presas I Puig (bio) Une longue marche vers l'indépendance et la transparence: L'histoire de l'Autorité de sûreté nucléaire française By Philippe Saint Raymond. Paris: Documentation Française, 2012. Pp. 264. Confessions of a Rogue Nuclear Regulator By Gregory B. Jaczko. New York: Simon & Schuster, 2019. Pp. 208. The debate on including nuclear energy in the new EU energy taxonomy for a CO2-free economy has put this form of energy back on the political agenda, along with topics like technology, national independence, financial arguments, risk, and proliferation. Despite attempts in public debates, with the exception of the American case, there is surprisingly little research on nuclear regulatory institutions and their role in nuclear development. The books presented here target a different readership and objectives but complement each other in that they help explain regulators' fundamental role in nuclear policy. The authors are not professional historical researchers, so a certain indulgence is required regarding methodology and argumentation. Their works are, however, valuable testimonies of the institutional environment of nuclear energy from the moment it ceased to be an eminently technical matter to becoming a means of generating economic benefits. At the time of writing Une longue marche, Philippe Saint Raymond, representing the French technocratic elite in charge of state infrastructures, was deputy director of safety at nuclear facilities and radiation protection. With an epic title referring to a previous technical report, Une longue marche traces the history of the French regulator from the 1950s to the establishment of the Autorité de sûreté nucléaire (ASN, the French nuclear safety authority) five decades later. In that time, it evolved from a ministerial department to an independent administrative authority. The author focuses on the legal and [End Page 622] political implications defining the creation of the new regulatory agency—part of the French government's strategy to ensure the future of the nuclear sector, crucially important for France's economy. Following a policy initiated in 1998 with legislative provisions for democratizing institutions, the ASN was established by law in 2006 as a truly independent agency, competently controlling all activities linked to the nuclear sector. The value of this book lies in its description of French state officials' attempts to reposition nuclear activities under a surveillance system capable of avoiding accidents while projecting an image of independent control and transparency to an increasingly sensitive society. This was in advance of the EU's 2009 guidelines for regulatory authorities in its member countries. The book describes how competent officials perceived the accidents at Three Mile Island (1979), Chernobyl (1986), and Épinal (2005–06) then discloses the lessons learned. Saint Raymond tells the story of the leukemias that affected ASN radiologists and the candid reflections by the official responsible for the Three Mile Island accident. The Chernobyl disaster gives the author enough material to paint a grim portrait of those responsible for protection from ionizing radiation; there was confusion about roles, and the regulator felt responsible for solving the problems instead of attributing responsibility to those regulated. We learn about little-known accidents, such as the partial fuel meltdown at the Saint Laurent reactor. The timing of the book's publication did not allow enough perspective on Fukushima. More than an institutional story, Une longue marche is arguably an attempt to justify both the French authorities' regulatory commitment as well as the French government's commitment to nuclear energy at a time of great financial difficulties for AREVA, manufacturing defects in Flamanville, and problems with the Cigeo nuclear waste disposal facility, etc. Unlike the French case, there are invaluable historical studies on the American regulator by George T. Mazuzan, J. Samuel Walker, David Okrent, Joseph V. Rees, Michelle Adato, James MacKenzie, Robert Pollard, Ellyn Weiss, Joan Aron, and Constance Perin, among others. Confessions of a Rogue Nuclear Regulator is a particular contribution in that its author, Gregory Jaczko, describes his experience as head of the U.S. Nuclear...

Oportunidad legal y necesidad democrática de crear una Autoridad Administrativa Independiente de lucha contra la Corrupción y Protección del Denunciante

It is necessary to take advantage of the great opportunity offered by the necessary transposition of the Directive (EU) 2019/1937 of the Parliament and of the Council, of October 23, 2019, regarding the protection of people who report violations of European Union Law to incorporate into our institutional apparatus an Independent Administrative Authority for the Fight against Corruption and Whistleblower Protection that, among other functions, is entrusted with the centralised management of an external channel for complaints and that works as an institution for closing the security network of the administrative system for the prevention and fight against corruption and irregular practices, whether public agents participate in these actions on their own or in agreement with private agents. The present work, in its first part, analyses some of the resistances that are usually raised to oppose the constitution of an authority such as the one proposed and concludes the inconsistency of such opposition. In particular, it is justified that its institutional position and its legal function would not overlap or deprive the rest of the administrative and judicial institutions that are currently actively fighting corruption, but would strengthen their effectiveness and allow a coordinated function of a reticularly articulated system to act against this scourge in Spain. Likewise, the need for its creation is justified from an institutional (national and international), economic and democratic health point of view. In a second part, it addresses a description of what could be the paradigmatic configuration of this Independent Administrative Authority for the Fight against Corruption and Whistleblower Protection, both in terms of its institutional status, its functions and powers.  

Administrative Independence Under EU Law: Stuck Between a Rock and Costanzo?

EU law places a number of requirements on administrative authorities that puts them in potentially invidious positions; while EU law today does not require institutionally independent administrative authorities or provide protection for the independence of authorities beyond the field of data protection, it does require administrative authorities to act independently through the loyal and effective enforcement of EU law. This requirement of acting independently without institutional independence raises certain implications for the role of administrative authorities acting within the hierarchical administrative orders of Member States. Using the case of Sweden – a Member State where administrative authorities enjoy significant constitutionally protected independence in the application of law and decision of cases – this article argues that the effect of EU law obligations of effectiveness and loyalty is a weakening of the hierarchical influence of the government over its own authorities, with a resulting shift of influence towards the legal arena through the provision of politically expedient interpretations of EU law. The invidious position of administrative authorities within the scope of EU law is likely to make them vulnerable to such influence, which may ultimately interfere with the effective administration of EU law. Administrative independence, EU-law, principle of effectiveness, national institutional and procedural autonomy, distributed administration, national administrative authorities, constitutional law, Costanzo, Tele2/Watson

L' autorità garante della concorrenza e del mercato nel giudizio di Costituzionalità

The judgment no. 13 of 2019, by which the Constitutional Court ruled on the legitimacy of the Antitrust Authority to raise issues of constitutionality, turned the attention of the doctrine on the issue of the nature of the functions exercised by the Independent Administrative Authorities. The issue takes a particular interest, as it reveals the image that the Guarantor has of himself, as opposed to the Constitutional Judge. In the opinion of the Constitutional Court, the Italian Competition Authority, like all the administrations, is the bearer of a specific public interest, consisting in the defense of the competition and the market and, therefore, it is not in a position of indifference and neutrality with respect to the interests and to the subjective positions that are found in the execution of its institutional activity. With the consequence that it is not entitled to raise questions of constitutionality. The Italian Competition Authority, for its part, qualifies itself as a judge, even if «for the limited purposes» of the question of constitutionality, which performs functions similar to those of jurisdiction, consisting in pointing back of acts and facts to the abstract cases provided for by the antitrust law, with the exclusion of any appreciation that is not of a purely legal nature. So it would be entitled to raise questions of constitutionality. On closer inspection, behind the raised question of constitutionality, hides the will of the Italian Competition Authority to accredit itself to the Constitutional Court as a third and impartial authority and, at the same time, to undertake with it a “virtuous” dialogue on competition issues. The Court's solution if, on one side, precludes this possibility, on the other one it kees open to the Italian Competition Authority other hypotheses to contribute to the legal evolution on competition issues. In particular, the hypothesis that the Guarantor may try, in the future, to “accredit itself” as a judicial authority to the Court of Justice does not seem to be excluded. Furthermore, as a part of the process, the Italian Competition Authority will be able to offer its own valuable argumentative contribution, making itself the bearer not of a personal and concrete interest, as generally happens for private parties, but of a general interest in the constitutional legitimacy of the legislation. This interest - of a publicistic nature - can be asserted both in the course of the main proceedings, in the form of the objection of constitutionality addressed to the judicial authority, and in the course of the constitutional legitimacy process, through the incorporation in judgment and/or the intervention of a third such as amicus curiae. In particular, this figure, recently introduced in the Supplementary Rules for judgments before the Constitutional Court, seems to be suitable for an institutional subject, such as the Italian Competition Authority, bearer of a super individual interest of a publicistic nature, such as the protection of the competition and the market. In this role, the Guarantor will be able to send his authoritative contribution to the Judge of the Laws in the form of synthetic writings, suitable for widening the knowledge of the Judging Panel. This is a particularly desirable hypothesis, since, in this way, the Court could avail itself of a highly qualified opinion, since it comes from a body which is specialized in the protection of the principle of competition, with all that could ensue in the interest in the evolution of the law.

Brevi considerazioni sul tema del sindacato del giudice amministrativo sugli atti della Banca d’Italia

The aim of the paper is to understand wich limits are related to the judicial review of the administrative courts and their jurisdiction in the italian administrative experience, especially with reference to the supervisory decision of the Bank of Italy. Since that the Bank of Italy is now considered as an independent administrative authority, Italian law doesn’t require a substitutive review of the merits of administrative decisions. Also the art. 6 European Convention on Human Rights (ECHR) doesn’t require a substitutive review of the merits of administrative decisions regarding civil rights. This assumption is related to the concrete application of the principle of separation of powers

AMMINISTRAZIONE SOGGETTIVAMENTE PUBBLICA PER FINI PUBBLICI E AMMINISTRAZIONI INDIPENDENTI E AGENZIE

The essay aims analysing the defining features of the organisational models of Agencies and of Independent Administrative Authorities thought the comparison between AIFA (Italian Medicines Agency) and AGCM (Italian Competition Authority), two structures traditionally traced back to each of those models. The analysis focus on the interest institutionally protected by each structure and on their relationships with Government. The comparison seems to be particularly relevant because of the recent case law putting into question the defining characters of the two public entities analysed.

NIGER

According to the 2012 census, the Republic of Niger has a population of 17.1 million people made up of 49.7 per cent males and 50.3 per cent females. As of 2020 this population is estimated at 24 096 565 inhabitants. In terms of disability, the percentage of people with disabilities in Niger is 4.2 per cent of the population, that is 715 497 people. The Republic of Niger signed the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in 2007 and ratified it the following year in 2008. At the national level, the Constitution of Niger frames disability. Article 22 prohibits any form of discrimination toward women and people with disability. In the same vein, both articles 26 and 100 provide for the protection of people with disabilities at various levels. In terms of legal framework on disability, the Republic of Niger enacted legislation, decrees and ordinances pertaining to the issue of disability in the country. On the one hand, the government has set up a number of bodies to deal with disabilities issues. These include among others a National Committee in charge of the monitoring and implementation of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) [Comité National chargé du Suivi de la mise en œuvre de la Convention relative aux Droits des Personnes Handicapées (CDPH)] and a National Committee in charge of the promotion of people with disabilities [Comité National pour la Promotion des Personnes Handicapées (CNPPH)]. In addition to this, there exists in Niger a National Commission of Human Rights [Commission Nationale des Droits Humains (CNDH)], an Independent administrative authority provided for by article 44 of the Constitution of 25 November 2010. On the other, at the national level, there are a number of non-governmental organisations and unions that aim at promoting and protecting people with disabilities. Chief among these are the Nigerien Federation of People with Disability [Fédération Nigérienne de Personnes Handicapées (FNPH)] and the Nigerien Federation of Paralympic Sports [Fédération Nigérienne de Sport Paralympique (FENISPHA)]. Nonetheless, despite a comprehensive set of initiatives, measures and instruments promoting and protecting their rights, people with disabilities in Niger still face a number of challenges in terms of transport, employment, education, social insertion as well social stigmas and other barriers.

The two judgments of the European Court of Justice in the four cases of Privacy International, La Quadrature du Net and Others, French Data Network and Others and Ordre des Barreaux francophones et germanophone and Others: The Grand Chamber is trying hard to square the circle of data retention

On 6 October 2020, the Grand Chamber of the European Court of Justice rendered two landmark judgments in Privacy International, La Quadrature du Net and Others, French Data Network and Others as well as Ordre des barreaux francophones et germanophone and Others. The Grand Chamber confirmed that EU law precludes national legislation which requires a provider of electronic communications services to carry out the general and indiscriminate transmission or retention of traffic data and location data for the purpose of combating crime in general or of safeguarding national security.In situations where a Member State is facing a serious threat to national security which proves to be genuine and present or foreseeable, such State may however derogate from the obligation to ensure the confidentiality of data relating to electronic communications by requiring, by way of legislative measures, the general and indiscriminate retention of this data for a period which is limited in time to what is strictly necessary but which may be extended if the threat persists.11Joined Cases 511/18, C-512/18 and 520/18 La Quadrature du Net and Others [2020] paras 168 and 177. In respect of combating serious crime and preventing serious threats to public security, a Member State may also provide for the targeted retention of this data and its expedited retention. Such an interference with fundamental rights must be accompanied by effective safeguards and be reviewed by a court or by an independent administrative authority. It is likewise open to a Member State to carry out a general and indiscriminate retention of IP addresses assigned to the source of a communication where the retention period is limited to what is strictly necessary or even to carry out a general and indiscriminate retention of data relating to the civil identity of users of means of electronic communication. In the latter case, the retention is not subject to a specific time limit.

Social Inequalities and Dynamics of the COVID-19 Epidemic: Evidence from France

Background: Our main objective was to study the early social dynamics of the COVID-19 epidemic in France, taking into account gender, class, and ethnicity inequalities in living conditions.Methods: A random population-based survey was conducted in France in May 2020, during and post COVID-19 lockdown, in which 77,588 participants aged 18-64 were included in this study. We used multinomial regressions to identify changes in social position and exposure factors associated with symptoms of anosmia/ageusia during the first epidemic peak in late March and thereafter.Findings: In all, 2,045 (1.53% (95%CI 1.46%-1.61%)) participants reported anosmia/ageusia (1.13% during the epidemic peak and 0.40% after), with strong variations according to regions. Women and ethno-racial minorities remained at higher risk of anosmia/ageusia during and after the peak. Whereas senior executive professionals were more affected than lower social classes at the peak of the epidemic, this effect disappeared afterwards. Adjusting on key exposure factors substantially attenuated these associations, except for gender differences. While high density of the place of residence was associated with anosmia/ageusia during the peak, but no longer after, the opposite trend was observed for living in overcrowded housing. Having worked outside the home during lockdown was the most strongly associated exposure factor, and even more so after the peak.Interpretation: The shift in the social profile of the epidemic was related to a shift in exposure factors under the implementation of stringent collective prevention measures. Our results notably stress the importance of working outside the home, all the more so in essential occupations.Funding Statement: Inserm (Institut National de la Santé et de la Recherche Médicale).French Ministry for Research. Drees. Dr. Bajos has received funding from the European Research Council (ERC) under the European Union’s Horizon 2020 research and innovation programme (grant agreement No. [856478])Declaration of Interests: None.Ethics Approval Statement: The survey was approved by the CNIL (French independent administrative authority responsible for data protection) on April 25th 2020 (ref: MLD/MFI/AR205138) and by the “Comité de protection des personnes” (French equivalent of the Research Ethics Committee) on April 24th. The survey also obtained an agreement from the “Comité du Label de la statistique publique”, proving its adequacy to statistical quality standards.

Hacia la búsqueda de una defi nición de las autoridades administrativas independientes en Francia

Since the end of the 1980s the authorities multiplied in France independent administrative authorities. They were created without guidelines or preset program. So statutes have diversified, each authority has its specificities. Since the beginning of the years 2000s, the legislator, as doctrine, have started a work of unification and homogenization of this category, of which the laws of January 20, 2017 represent the last stage. But despite those efforts, the category is still looking for its defi nition and unit.

The Role of Work-Group Emotional Intelligence in Learning Organizations: a Case Study of the Greek Public Sector

The purpose of this paper is to explore the impact of Emotional Intelligence at work-group level on Learning Organization, examining five dimensions of L.O. according to Senge’s model, within a framework of Greek Public Administration reform. The research was conducted among Greek Independent Administrative Authorities, a modern European institution that among others guarantees transparency and optimum performance, leading to upgraded public sector services. Our research is a quantitative research consisting of 257 valid questionnaires out of a sample of 300 employees. Our research highlights the strong correlation between Work-group Emotional Intelligence and Learning Organization. A constructive emotional climate affects the vision of the organization, while emotions have an impact on employees’ attitudes/behaviours and on the learning process within the group as well as on the diffusion of information. Finally, our research demonstrated that emotional intelligence affects the personal improvement and development of employees. Managers should focus on developing more emotionally intelligent employees by cultivating an emotional environment that promotes positive behaviours, system thinking and group learning. Thus, the benefits generated can be identified at both individual and organizational level, including higher levels of employees’ personal development, better communication processes and implementing the organization’s vision.

The Punitive Authorities of Independent Administrative Bodies and Its Role in Widening the Circle of Criminality

The punitive authorities of independent administrative bodies and their role in the widening circle of criminality have been the main focus of the study. The study has evaluated the criminal justice agencies, such as the French Constitutional Council and the European Court of Human Rights. Some domestic courts have been playing a vital role in enhancing the criminal proceedings for administrative offences. The role of penal legislation is essential to find, so the study reviewed the role of punitive authorities of independent administrative bodies in widening the circle of criminality. The independent administrative bodies in the economic activity lack legal guarantees and consecration that may be deliberated, and practiced under the guise of flexibility and speed to ensure effective economic state. Penal legislator should punish the offenders following the acts of disciplinary sanctions and administrative bodies. It has been observed that there are still some differences and imperfections in nature among countries concerning the national legislations. Decisions and judgments are issued by the administrative bodies; whereas, some large administrative bodies are found in the areas with greater economic activities. It has been found that there is lack of legal guarantees and consecration, which may be practiced to ensure the efficient economic state. The independent administrative authorities do not violate the legal provisions, which governs the sectors. The study has concluded that the power of punishment is no longer effective to the criminal judge. The independent administrative authorities do not violate the constitution and the legal provisions, governing the sectors.

The judgment of the Grand Chamber dated 21 December 2016 in the two joint Tele2 Sverige and Watson cases: The need for a harmonised legal framework on the retention of data at EU level

As a follow up to the Digital Rights judgment of 8 April 2014 in which the Grand Chamber invalidated the data retention directive, the Administrative Court of Appeal in Stockholm and the Court of Appeal in London both referred questions to the Court of Justice for a preliminary ruling. On 21 December 2016, the Grand Chamber rendered a landmark judgment in which it interpreted Article 15(1) of e-privacy directive 2002/58/EC dated 12 July 2002 in light of Article 7 on the right to privacy, Article 8 on the protection of personal data, Article 11 on freedom of expression and Article 52(1) on the principle of proportionality of the Charter of Fundamental Rights. The Grand Chamber ruled that EU law does not allow a general and indiscriminate retention of all traffic and location data. It also ruled that access of competent national authorities to retained data must be restricted solely to fighting serious crime and subject to prior review by a court or an independent administrative authority.