Legislative Texts Research Articles

Surveillance and Reporting of Hospital-Associated Infections—A Document Analysis of Romanian Healthcare Legislation Evolution over 20 Years

Background/Objectives: The objective of this study is to evaluate the evolution of Romanian legislation related to HAIs. The evolution of healthcare-associated infections (HAIs)’s definitions and surveillance frameworks in Romania reflects progressive advancement in diagnostic criteria, reporting, and prevention. Recent changes emphasize the need for accurate and centralized electronic reporting, inclusion of medico-social and palliative care institutions, and modernized hospital infrastructure standards. However, workforce deficits, insufficient infrastructure, and punitive sanctions remain barriers to effective implementation. Methods: This study analyzed publicly available Romanian legislative texts and their evolution, comparing definitions, diagnostic criteria, and surveillance structures. Key informant insights supplemented findings to contextualize legislative impacts. Legislative acts were reviewed sequentially to identify updates in regulatory frameworks and barriers to effective HAI management. Results: The legislative evolution demonstrates a shift from basic diagnostic criteria to a comprehensive surveillance framework aligned with European standards. However, challenges persist, including workforce capacity deficits, under-reporting due to fear of sanctions, and infrastructure inadequacies. The prevalence of HAIs remains largely under-reported (4.1%), with studies revealing rates well below the European average (7.1%). Manual and isolated reporting systems further hinder real-time surveillance and accuracy. Legislative advancements in Romania reflect progress in HAI management but highlight systemic barriers that impede effective implementation. Conclusions: Collaborative efforts across individual, organizational, and system levels are required to address workforce training, reduce under-reporting, and invest in infrastructure and electronic reporting systems. Promoting a blame-free organizational culture, combined with training, is essential to encourage behavior of accurate reporting and improve HAI prevention strategies.

Regulatory Approaches for Algorithms on Online Platforms in the Digital Services Act

With the seemingly rapid progression of technological development, algorithms are also becoming increasingly powerful and complex, not least due to the emergence of artificial intelligence (AI). While the AI Act is not yet applicable, a European Union law governing the use of algorithms on online platforms already exists that sets out the potential risks and challenges associated with their use. The Digital Services Act (DSA) introduces several new regulations concerning algorithm-based, automatic filtering systems into EU law that play a particularly important role for online platforms, as algorithms are used in these in the form of filter and recommender systems. These help with the moderation of content on platforms on the one hand and ensure a better user experience on the other. At the same time, their use is also associated with potentially negative implications and risks. For example, the spread of misinformation, hate speech and other harmful content on online platforms can have a significant negative impact on democracy and social cohesion. The Digital Services Act aims to ensure that algorithmic systems are used transparently and responsibly. In the analysis of the Digital Services Act, the paper primarily employs the method of word interpretation. This involved a detailed examination of the language used in the Digital Services Act, focusing on the specific terms and phrases within the legislative text. By scrutinising the context and usage of these keywords, the paper aims to uncover their precise meanings and implications.

The Potential for Dark Tourism in Kazakhstan: An Overview of the Former Concentration Camps

The concept of dark tourism has attracted considerable attention in recent years. The studies in this field examine the convergence of tourism and morbidity. The research problem lies in understanding the complex dynamics between the preservation of historical sites associated with Kazakhstan’s former gulags and their role in the emerging dark tourism sector. This paper explores the tourist significance of the former gulags in Kazakhstan through the analysis of interviews, legislation texts and policy documents, and data on visitor numbers. Our aim is to illuminate the historical importance for tourism, educational value, and stakeholders associated with the preservation and promotion of these destinations. The analysis revealed the various and sometimes conflicting interests and concerns of the stakeholders, including tourists, local communities, government institutions, and the private sector. The analysis of statistical data provided valuable information on visitor demographics, preferences, and trends in the Karlag and Alzhir museums. These data highlighted the role of educational institutions and demonstrated the adaptability of museums in difficult times such as the COVID-19 pandemic. During the formation of future policies, effective collaboration with stakeholders, responsible tourism practices, capacity building, and sustainable marketing strategies are essential to the ethical and sustainable management of dark tourist sites. Thus, stakeholders can ensure that dark tourism continues to evolve in a way that respects historical integrity and benefits local communities, while contributing to the broader goals of education and commemoration.

SUBSIDIARY INSTITUTIONS OF AN ECONOMIC NATURE IN ALGERIA: FROM CONCEPT TO REALITY BECHAR UNIVERSITY IS A MODEL

Objectives: The study aims to explore the legal dimension of the concept of subsidiary institutions with an economic nature and the extent to which this is implemented within Algerian higher education and scientific research institutions. It also examines their ability to transform intellectual output into marketable products. Theoretical Framework: A study on how to establish subsidiary institutions with an economic nature in general and the extent of its impact on the University of Béchar in particular. Methods: The descriptive-analytical approach was utilized to study subsidiary institutions with an economic nature in general, and the case study method was employed to examine their affiliated subsidiaries in particular. Results and Discussion: The research results indicate that the concept of subsidiary institutions with an economic nature aligns with the economic reforms experienced by Algerian institutions, particularly higher education and scientific research institutions. The legal form of these subsidiaries has been identified as either a limited liability company, a joint-stock company, or a simple partnership. This classification aims to provide a new impetus for subsidiary institutions and encourage innovation among creators. Research Implication: - The need to enrich the concept of subsidiary institutions with an economic nature through a set of legislative and regulatory texts to provide greater clarity. - The necessity for the Ministry of Higher Education and Scientific Research to offer administrative and financial facilitation to generalize the concept of subsidiary institutions across all its affiliated institutions. - Encouraging most professors and researchers at the University of Béchar to contribute to the establishment of subsidiary institutions to enhance and advance their role both locally and nationally. Originality/Value: Despite the precedence of the legal framework for the concept of subsidiary institutions with an economic nature, their application is relatively recent, emerging only in the last few decades.

A Corpus-Based Study on Modal Verbs in the Chinese-English Translation of the Book of Contracts in Chinese Civil Code

The inherent discrepancies and evolving nature of legal knowledge across various legal systems, coupled with the variability of communicative contexts, have long posed significant challenges in both the practice and studies of legal translation. This study adopts a corpus-based approach and examines the uses of modal verbs in the English translation of Book Three: Contracts of the Civil Code of the People’s Republic of China. UNIDROIT Principles of International Commercial Contracts 2016, which has been drafted, revised and applied in English, has been selected as the reference corpus. The analysis investigates typical modal verbs from both quantitative and qualitative perspectives. Major findings include the overuse of the modal verb shall when referring to the imposition of obligation and inconsistent translation of related terminologies, which causes confusion and inaccuracy. Therefore, particular attention should be paid to the uses of modal verbs as well as the standardization and consistency of terminology in the translation of legislative texts so as to enhance quality and communicative efficiency. This study, through extensive research and corpus-based analysis, aims to provide insights into legal translation to ensure not only linguistic accuracy but also functional clarity, aligning the target text closely with the intended legal meaning and minimizing potential ambiguities in cross-linguistic interpretations.

The philosopy of death penalty in criminal legislation

The rules of criminal law, which contain legislative texts and penalties, including the recent and important physical punishment , which is the death penalty It is not harmful to reach the oringin and establishment of the rule of the death penalty and its validity . What is the reason for the legislator's writing of this legal rule? It is above to say that legislator is the one who prepares the preparatory work for the penal text, taking into consideration the risks and damages of the vriminal outcome in a manner that justifies the perpetrator to receive the death penalty or other punishments. Based on the above, it is necessary to research and philosophize about the death penalty through contemplation and reflection to understand the origin of the death penalty, the basis of adhering to this punishment, and the justification that surround the legislator's imposition of this penalty with a set of procedures and regulation. This is in addition to the desired legal values in the implementation of the punishment. We begin with the existence of death penalty in thistory and the goals that this punishment achieves historically, and then research the theoretical basis and commitment which is divided into two doctrines , the first of which is the formal doctrine and the second is the substan tire doctrine , and then we study the legal basis and the authoriy , values and the goals that it achieves . this punishment which revolves between justice and re renge, and the research ends with a group of philosophi calideas that can be relied upon to maintain orabolish this punishment.

GAPS IN THE IMPLEMENTATION OF GOVERNMENT-PRIVATE PARTNERSHIPS (PPP) IN INFRASTRUCTURE DEVELOPMENT

Infrastructure is one of the most important pillars in the development of a civilization, especially for archipelagic countries like Indonesia, which faces unique geographical challenges. The gap in the implementation of Government and Business Entity Cooperation (KPBU) in infrastructure development in Indonesia has become an increasingly pressing issue to address. This research discusses the importance of regulatory renewal in Government-Private Partnerships (PPP) to address existing gaps. The research utilized various data sources, including legislative texts, government regulations, legal documents, and policy papers relevant to PPP in Indonesia. The analytical approach allowed for a deeper exploration of the dynamics and implications of the existing regulations, focusing on their effectiveness and applicability in real-world scenarios. The author was able to articulate the challenges faced in the application of PPP regulations and propose targeted recommendations for regulatory renewal and improvement. This study could involve comparative analyses of best practices in regulatory frameworks from other countries that have successfully addressed similar infrastructure challenges, providing valuable insights for the Indonesian context. Ultimately, this research could contribute to creating a more responsive and adaptive regulatory framework that supports sustainable and equitable infrastructure solutions in Indonesia, ensuring that the needs of society are met while fostering a conducive environment for investment.

THE DYNAMICS OF CRIMINAL PROCEDURE LAW ENFORCEMENT RELATED TO THE ELIMINATION OF THE INVESTIGATION STAGE IN THE DRAFT CRIMINAL PROCEDURE CODE

This study examines the impact of the elimination of the investigation stage in the Draft Criminal Procedure Code (RUU KUHAP) on the dynamics of criminal law enforcement in Indonesia. The study utilizes various data sources, including legislative texts, government regulations, judicial decisions, and academic literature related to the topic, in order to understand the legal foundation governing the issue. The author analyzed the data through a qualitative approach, employing comparative legal analysis to evaluate the implications of various legal provisions, exploring their effectiveness and relevance in law enforcement practice. Furthermore, the author engaged in thematic analysis to explore the broader impacts of these reforms on legal practice and the enforcement of the criminal law, assessing the effectiveness and relevant of the existing legal framework in light of the proposed reforms. The results demonstrate that the abolition of the investigator position in the draft criminal procedure code has significant implications for the criminal procedural law system in Indonesia, paving the way for further discussions on improving criminal procedure and enhancing the effectiveness of law enforcement. This research could contribute to refining the legal framework and operational practices in Indonesia to ensure a balance between effective crime control and the protection of civil liberties.

Paradoxes of time in the interpretation of events and predictions under parliamentary control

The article explores the complex interplay between parliamentary oversight, legislative initiatives, and societal conditions through the lens of semantic networks and paradoxes. The application of generative artificial intelligence technologies enabled the reconstruction of legislative texts, uncovering hidden contradictions and paradoxes that influence decision-making, including the retroactivity of laws, causality from the future, revisionism of past decisions, and legislative dynamics. The article examines the temporal paradoxes that arise in the process of parliamentary oversight and legislative activity. It analyzes how associative connections, mistakenly perceived as causal, lead to distortions in the chronology of events and decision-making. Special attention is given to paradoxes such as the retroactivity of laws and the revision of political decisions, which complicate the prediction of future outcomes of parliamentary initiatives.

Interpreting the Energy Efficiency First Principle: Help or Hindrance for the Hydrogen Economy?

The Energy Efficiency First Principle (EE1 Principle) is fundamental to the European Union’s (EU’s) energy policy, highlighting energy efficiency initiatives over supply-side alternatives. This article analyses the development, implementation, and obstacles of the EE1 Principle within the EU’s legislative framework. It examines the principle’s incorporation into essential legislative texts, and its influence on decision-making processes, using hydrogen as an example.Notwithstanding its elucidation in legal texts in recent years, the execution and implementation of the EE1 Principle is lacking in various Member States. However, the article posits that the EE1 Principle can assist in the development of the hydrogen market, whilst balancing this objective with promoting a more integrated, efficient, secure and carbonneutral EU energy system. Its implementation at the EU level, particularly during the process for: (1) integrating the EU-wide ten-year network development plans (TYNDP) for electricity, gas and hydrogen; and (2) selecting the Projects of Common and Mutual Interest, is of the upmost importance.The article concludes that although the EE1 Principle is a helpful tool for establishing a sustainable, diverse and resilient energy system, overcoming the associated implementation obstacles is crucial for its success. The efficient implementation and oversight of the EE1 Principle will be vital for promoting a broad and sustainable energy mix.

The Division of Marital Joint Property: Legal Framework and Gender Implications in North Macedonia

Abstract This paper explores the legal framework governing the division of joint ownership in marital property in North Macedonia, with a particular focus on gender implications. It critically analyzes the Family Law Act and the Law on Ownership and Other Real Rights to assess how these provisions function during marriage dissolution due to divorce or death. By employing a qualitative, legal-analytical approach, the research assesses legislative texts and relevant case law to explore the extent to which current laws ensure equitable property division, irrespective of gender or economic contribution. In addition to legal analysis, the research utilizes case law to highlight and illustrate discrepancies between the law’s theoretical principle of equal division and its real-world application, particularly where traditional gender roles are concerned. It discusses how traditional expectations around women’s unpaid contributions, such as caregiving and household management, often result in outcomes that disadvantage women. Women, especially those who have forgone paid employment to fulfill domestic roles, face significant challenges in securing an equal share of marital property. The study emphasizes the need for legal reforms that better account for these disparities, promoting fairness in the division of joint ownership and greater protection for vulnerable parties. This research contributes to ongoing discussions on property rights and gender equality, proposing reforms that align the legal framework with international human rights standards. To provide a broader perspective, the study includes a comparative analysis of property division practices in selected jurisdictions, situating North Macedonia's approach within an international framework. This examination not only underscores the need for greater consistency in judicial interpretation but also contributes to ongoing discussions on property rights and marital equity by proposing specific areas for legal reform. The originality of this study lies in its detailed, context-specific analysis of North Macedonian property division laws, offering unique insights and practical recommendations for enhancing the fairness and effectiveness of the legal framework within the context of international human rights standards.

Les néologismes terminologiques publiés au Journal officiel en 2023

This paper concerns the study of terminological neologisms published in 2023 by the Commission de l’enrichissement de la langue française (Commission for the enrichment of the French language). In the first part of our study, the history of language policy in France is briefly outlined, including the key legislative texts and official institutions relevant to the subject. It is followed by the description of the character and structure of the two types of legal notices regarding terms: vocabulaire (vocabulary) and recommandation (recommendation). As for the analysis, statistical data are presented (the frequency of publication of new terms, the total number of published terms in 2023, etc.). The study continues with the analysis of foreign equivalents of the terms, the observation of the French terms without any foreign equivalent, and the comparison of the French and foreign terms from a traductological perspective (if and to what degree the French terms are inspired by foreign terms) according to a classification created for the needs of this study and based on recurring phenomena among the data. The internal structure of the terms is examined as well as the parts of speech to which they belong. Another topic addressed in this study is how neologisms contribute to polysemy in the French language. This study also includes a full list of all issues of Journal officiel published in 2023 that include neologisms.

A Dilemma for Proceduralist Theories of Democracy: Elected Delegates or Elected Monarchs?

Abstract Emphasizing the intrinsic value of formal political equality, a prominent strand of democratic theory—proceduralism—sharply disassociates democracy from substantive justice. This paper elucidates a resultant dilemma: that proceduralism is either underinclusive in its exclusion of robust forms of representative democracy or overinclusive in its inclusion of elective dictatorship. I show how the horns of this dilemma respectively derive from different conceptions of political equality: the standard view, which foregrounds the choice of legislative text itself, and an alternative view, drawn from Robert Dahl’s model of “procedural democracy,” which privileges the choice of procedure by which to resolve disagreement over the choice of text. Conceiving of democracy in terms of political equality alone leads to a rigid characterization of the elected legislature either as an institution whose structure is entirely open or as a mechanism for enacting citizens’ wishes that denies legislators their intuitive input.

Reconstructing the Legal Framework of Standard Clauses in Insurance Agreements for Consumer Protection

Standard clauses in insurance agreements often result in legal certainty and adequate consumer protection. This study aims to reconstruct the legal framework governing standard clauses in insurance agreements to enhance consumer protection and ensure legal certainty. Using a normative juridical research method, the study adopts a statute and conceptual approach. Data were collected from legislative texts, legal literature, and case studies involving disputes over standard clauses in insurance agreements. The analysis focuses on identifying weaknesses in the current legal framework and proposing solutions to address them. The results reveal that the unilateral drafting of standard clauses by insurers often diminishes consumer rights and creates imbalances in contractual relationships. This research highlights the need for simplification of legal language, active consumer participation in drafting agreements, and stricter regulatory oversight. The study contributes to developing a fairer insurance policy framework, promoting transparency, accountability, and consumer trust in the insurance industry.

Urgency of Implementing Article 1365 of the Civil Code in Addressing Tortious Conduct in Electronic Transactions in Indonesia

The rapid growth of electronic transactions has introduced new challenges, particularly concerning tortious conduct and the legal framework governing these interactions. In an increasingly digital era, electronic transactions have become a primary medium for commerce and business interactions, yet issues such as fraud and personal data violations have become more prevalent. Article 1365 provides a legal basis for individuals or entities suffering damages to file claims for compensation. This study examines the urgency of implementing Article 1365 of the Civil Code in addressing tortious conduct within electronic transactions in Indonesia. The objective is to analyze the applicability, limitations, and potential reforms needed to adapt Article 1365 to the digital context. A normative legal research method was employed, utilizing a statute and conceptual approach. Data were collected by analyzing legislative texts, legal literature, and case law. Data analysis involved qualitative content analysis to identify gaps and propose solutions. The findings reveal that Article 1365 provides a strong foundation for addressing tortious conduct, but its application in electronic transactions remains ambiguous, particularly regarding evidence collection and the definition of harm. This research introduces a novel perspective by emphasizing the necessity for specific regulations and institutional reforms to enhance legal certainty and address the unique challenges posed by electronic transactions. These recommendations aim to protect consumer rights, ensure fair business practices, and foster trust in Indonesia’s digital economy.

Analysis of the Conceptualization of Quality in Spanish Educational Legislation

<p style="text-align:justify">Since the 1990s, there has been a global trend in the search for quality in school systems that have materialized in the educational policies of the most developed countries. This article analyzes the treatment given to the concept of quality in the educational reforms approved in the last fifty years in Spain. The objectives of this study were: (a) to analyze the presence and recurrence of the term ‘quality’ in each of the laws and (b) to identify the factors associated with quality in these laws. To respond to these objectives, a bibliographic study was carried out using a content analysis approach to the texts of the different laws, as well as a review of the existing literature on the subject in question. It was, therefore, an eminently qualitative research approach. Among the findings found, it is worth highlighting the high presence of the term ‘quality’ in the legislative texts analyzed since the beginning of the new millennium, as well as a continuity in the educational reforms of evaluation policies of the educational system in coherence with the demands produced by supranational organizations at a global level.</p>

Dystopian Visions and the Making of Privacy Law

This article explores the role of references to dystopian literature in the context of developing privacy laws. Drawing on a qualitative analysis of a large corpus of legislative and judicial texts from Germany and the United Kingdom, I demonstrate that references to popular dystopian works of fiction like Orwell’s 1984 have animated and shaped the legal recognition of privacy. Specifically, dystopian visions are evoked as reasons that warrant the legal protection of privacy rights. I explore lawmakers’ vision of a technologically empowered totalitarian state and discuss how these connect to historical, contemporary, and hypothetical examples of unjust regimes. I argue that literary imaginations of dystopia are often themselves built on historical experience, suggesting that the aptness for social critique is, as literary critics suggest, built into dystopia as a genre. I furthermore explore how the theme of democracy is employed as a counterpoint to fears of dystopian totalitarianism. Portraying privacy invasions as harmful to democratic ideals discursively amplifies their dangerousness—and thereby works to justify regulatory intervention. My research findings prompt us to view legal norms as a cultural artifact that reflect cultural imagination and literary narratives.

Digital Warfare: Exploring Cyber Criminality Amidst Armed Conflict in Southwest Region of Cameroon

This research investigates the alarming rise of cyber criminality in the Southwest region of Cameroon, a trend significantly influenced by the ongoing armed conflict that has engulfed the area. Employing a doctrinal research methodology, the study conducts a rigorous content analysis of both primary sources such as case law, treaties, legislative texts, direct observations, and policy documents and secondary sources, including scholarly textbooks, journal articles, comprehensive reports, and various online materials. The analysis utilizes diverse legal reasoning methods, including deductive, inductive, and analogical reasoning. Findings reveal a troubling surge in cyber-criminal activities since the onset of the armed conflict in English-speaking Cameroon, driven by interrelated factors such as rampant unemployment, pervasive economic hardship, widespread illiteracy, and the displacement of individuals. In light of these findings, it is crucial for the Cameroonian government to devise and implement effective strategies that not only combat cyber-crime but also address the socio-economic challenges exacerbated by the conflict. Such comprehensive measures are vital for restoring stability and security in the Southwest region and for fostering a resilient society capable of overcoming the dual impacts of cybercrime and armed conflict.

Going “Beyond” Mere Transformation: Warhol and Reconciliation of the Derivative Work Right and Fair Use

The Supreme Court’s recent decision in Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith is a watershed moment in the story of copyright jurisprudence. At its broadest, the decision articulates a unified vision—one that had been dormant in the lower court fair use jurisprudence—about the role of copyright and the manner in which to make sense of its effort to balance exclusivity with its myriad limitations. This Essay focuses on how the Court reconciled the working of the statute’s derivative work right with the breadth and reach of the “transformative use” version of the fair use doctrine. The core of the Court’s reconciliation centers around three ideas. The first is the need for an independent justification for a use to even qualify for fair use. Transformation on its own does not provide such a justification, which must be instead identified independently. Related is the second idea, that the secondary use must reveal a distinct purpose. Unlike the justification element, this step is comparative and heavily contextual. And the third element is the balance between transformativeness and commerciality, which the legislative text makes clear and Campbell had gone to extreme lengths to reinforce.

Segmenting Brazilian legislative text using weak supervision and active learning

Segmenting Brazilian legislative text using weak supervision and active learning