Mandatory Provisions Research Articles

Policy learning for policy change on energy efficiency in European companies

The EU energy efficiency directive (EED) includes provisions to stimulate increased energy efficiency in companies. Mandatory provisions were first introduced in 2012 and recast in 2023. Policy learning has been suggested as an important route to policy change. This paper analyses how and why policy learning helped revising EU legislation to enhance energy efficiency in companies, using provisions of mandatory energy audits as a case. Negative experience from member states’ governments with the original provisions were voiced shortly after the adoption of EED. A complex process going back and forth between member state and EU levels led by a learning agent facilitated collective learning and change of beliefs, first in member states then in the Council. Several cognitive biases among individuals in the European Commission led to non-learning at the individual level and blocked learning at the collective level. This further blocked policy learning in the EU when EED was amended in 2018. However, external crises and the entering office of a new Commission College in 2019 made the Commission to reconsider its beliefs. Political leadership opened a window for individual and collective learning in the Commission and policy learning in the EU when provisions were changed with the recast of EED in 2023. This suggests that individual and collective learning in the EC is key for policy change to happen. Without new beliefs in the EC, it is hard to get a topic onto the policy agenda. The paper proposes policy recommendations on how to facilitate policy learning and suggests areas for further research.

“There's just a lot of numbers and I just want to have a drink”: The challenge of communicating the energy content of alcohol products

Various governments are considering the implementation of energy labelling on alcohol products as one element of obesity prevention policies. However, little is known about the most effective ways to communicate energy information to consumers. The aim of the present study was to explore consumers’ reactions to different energy information provision formats to assist the development of effective energy labels. Nine focus groups (n=83 participants) were conducted with Australian adults who reported drinking alcohol at least twice per month. Participants were exposed to an energy-only information label and labels displaying full nutrition information panels. A thematic analysis approach was used to identify key issues. While few participants were overtly enthusiastic about the mandatory display of energy values on alcohol products, there was general support for the provision of this information to assist those drinkers who could benefit from it. Substantial confusion was apparent as participants attempted to distil meaning from the provided information, particularly where it was expressed in terms of serving sizes and standard drinks. Full nutrition panels were especially problematic in terms of creating a health halo due to the nil or low values for multiple nutrients listed. This was especially notable for information relating to sugar content. Overall, there appears to be inadequate public understanding of the concept of dietary energy in alcoholic beverages and the various terms used to quantify its presence, which is likely to limit the utility of mandatory energy information provision requirements unless they are accompanied by effective community education.

Horizontal Reservation for Transgenders:

The constitution of India provides for reservation, which is a form of positive discrimination, created to promote equality among marginalized sections so as to protect them from social and historical injustice. It can be divided into two parts: vertical and horizontal. The Transgender persons are demanding horizontal reservation. The demand has to do with the need for mandatory provisions for a community that has been historically marginalised in society and recognising the different aspects making up their social identity. The Transgender Persons (Protection of Rights) Act, 2019 could not do anything regarding reservation and has disappointed the community. Transgender Community has a strong historical presence in our country. Be it the era of Ramayana or Mahabharata; Transgenders played a pivotal role in society. If we leave aside these epics, the pre- independence era (before the arrival of the British) has testimony of this community’s fairly dignified presence in our society. It was British law, which caused the deterioration of Transgenders. When we achieved independence, we kind of continued the British legacy of not treating Transgenders as an equal. We did not even recognise their existence. It took us more than six decades to recognise that Transgenders are ‘third gender’ and their existence should be accepted in the society. These six decades of non- recognition made them backward. In my opinion, the SC is right in declaring them as socially and educationally backward classes of citizens and extending all kinds of reservation in cases of admission in educational institutions and for public appointments.

Indonesian national health policy: Legal analysis of the elimination of mandatory health spending

Pusphose: The elimination of mandatory spending in Law No. 17 of 2023 on Health has sparked controversy, particularly because it contradicts the World Health Organization's recommendation that allocates 5-6% of GDP to health budgeting to facilitate better access to healthcare services. This removal also potentially violates the Indonesian Constitution, which through Article 28E, Article 28H paragraph (2), Article 28D paragraph (3), and Article 34 paragraph (3) guarantees the fulfillment of health rights for vulnerable groups. Method: This study employs a legal dogmatic research method to analyze the constitutionality of eliminating mandatory spending in Law Number 17 of 2023 on Health, as it pertains to the 1945 Constitution of the Republic of Indonesia, using John Rawls' theory of justice as a tool for legal analysis. Result: Law No. 17 of 2023 on Health has eliminated the mandatory spending provision, which previously stipulated a minimum health budget allocation of 5% from the national budget (called APBN) and 10% from the regional budgets (called APBD), as per Law No. 36 of 2009. The new law introduces performance-based budgeting, but it remains unclear how it will be implemented, especially at the regional level. The main criticism is that this potential elimination could reduce health guarantees for vulnerable groups, contradicting the principles of social justice mandated in the Indonesian Constitution. Conclusion: Although the Constitutional Court has rejected a formal review of this law, opportunities still remain for a substantive examination of the real impact of this elimination on the health access of vulnerable groups.

Immovable Castles, Movable Companies and the Real Seat Criterion in Troubles (Edil Work, C-276/22)

With Edil Work C-276/22, a decision of 25 April 2024, the Court of Justice of the European Union has solved questions concerning the freedom of establishment of companies incorporated in a certain Member State but operating exclusively in another Member State. The Court holds that the Member State of operation may not require concurrent or exclusive application of its company law, other than in cases where overriding mandatory provisions are at stake, such as for example rules protecting interests of creditors, workers, and minority shareholders.

Maximum Duration of the Tax Inspection

We can define a tax inspection as the procedure by which the competent tax authority orders a tax inspection of a taxpayer. The hypothesis considered in this material mainly concerns the period of time during which the tax inspection can be carried out and, more importantly, the consequences to which the tax authority is subject in the event of failure to comply with the mandatory legal provisions concerning the maximum period of time during which the tax inspection can be carried out, given that this procedure can be suspended at the request of the tax authority to obtain additional information necessary for the control activity. Thus, this paper will take as a starting point brief considerations on how to conduct this procedure, taking as a point of reference the legislation in force at the time, following mainly the method of calculating the maximum duration in which the tax authority can conduct this procedure and the consequences of non-compliance with mandatory relevant legal provisions.

The Assessment of the nature of national law provisions which set the rules for the compensation for harm caused by the death of the closest person in the light of Art. 16 of the Rome II Regulation – comments in the context of a preliminary question submitted to the Court of Justice of the EU following the decision of the

Despite the fifteen-year period of validity of the “Rome II” Regulation, its application by the courts of the Member States is still, in some respects, a source of serious controversy. It manifests itself with particular intensity in Art. 16, devoted to overriding mandatory rules. This should be attributed to two factors. The first one is the resignation from including therein a legal definition of this category of norms, in contrast to Art. 9 section 1 of the “Rome I” regulation. The other is the phenomenon of a kind of “inflation” of the concept of overriding mandatory provisions, observed in the PIL. It manifests itself in the attempts to attribute such qualification to binding rules of national law, the nature of which do not indicate a conflict of laws element inherent in them, implying the need to apply them in addition to or instead of the applicable law. The case C-86/23 pending before the CJEU, as a result of a request for a preliminary ruling submitted in the decision of the Bulgarian Supreme Court of Cassation of February 7, 2023, gives an excellent opportunity to bring up once again the issue of the proper way of understanding the concept of overriding mandatory rules in the context of Art. 16 of the Rome II Regulation, using as an example the norms applicable in Bulgarian substantive law, which regulate the principles of granting compensation for harm caused by the death of a close relative. Looking at the matter in question from the perspective of the fifteenth anniversary of the regulation’s validity, the author recommends particular caution in applying Art. 16 and, at the same time, makes an attempt to formulate a proposal of an answer to the question referred to in a preliminary ruling.

How to describe a new species in zoology and avoid mistakes

Abstract Taxonomy is the science of discovering, naming, describing, diagnosing, identifying, and classifying different kinds of taxa, from species to families. It lays the foundation for all of the biological sciences. The rapid increase in both taxonomic descriptions and malpractice in recent decades indicates a need for consistency in the procedure and quality of taxonomic research publications dealing with recognition of new taxa, name changes, and nomenclatural acts. Indeed, there are numerous examples in the recent literature of taxonomic works that fall short of the basic procedures and minimum standards required for naming new species according to the mandatory provisions and recommendations of the International Code of Zoological Nomenclature, accepted standards of taxonomic best practice, and journal editorial policy. Here, we provide practical guidelines of the procedure and key elements required to name, describe, and publish a new animal species or revise the taxonomic status of a species. We then discuss some of the common pitfalls that should be avoided. Mistakes commonly made include failure to read the Code, to review the primary taxonomic literature, to examine type material, to construct the taxon name correctly, to explicitly establish the new taxon, to provide adequate typification, to clearly differentiate the new taxon, to register the publication of the new taxon name in ZooBank, or to publish the name of the new taxon in a manner that is compliant with the Code. We provide some examples of these mistakes, mainly from butterflies (Insecta: Lepidoptera: Papilionoidea) and, to some extent, reptiles because these taxon groups seem to have an unusually high level of poor taxonomic practice.

Ототожнення адвоката з клієнтом як порушення прав та гарантій адвокатської діяльності

The article is devoted to highlighting one of the actual problems of identifying a lawyer with a client. The European direction of the development of Ukraine as a legal state actualizes the problems of guaranteeing the rights and freedoms of the participants in the judicial process, as well as their effective protection against socially dangerous encroachments. A bar exists to provide professional legal assistance in Ukraine. The principles of the organization of advocacy activities and the implementation of advocacy activities in Ukraine are determined by the Law "On Advocacy and Advocacy Activities", decisions of the National Association of Advocates of Ukraine, the rules of advocacy ethics, etc. At the same time, the organization of the high-quality work of the bar and the implementation of the principle of competitive justice requires the mandatory provision of real security guarantees for defenders or representatives of persons. The state has a duty to ensure that lawyers are not identified with their clients or with the motives of their clients' actions as a result of their professional duties. Lawyers can be identified with clients because they are accused of serious crimes, because they receive confidential information, or because they defend their clients. This often happens in high-profile or politically motivated cases, including those involving accusations of treason or terrorism in connection with the armed conflict in eastern Ukraine. Lawyers continue to be identified with their clients and face negative consequences not only at the hands of violent, extremist and radical groups, but also as a result of the abuse of legal procedures against them. Under no circumstances should attorneys identify with their clients or their clients' motives for acting as a result of representing clients, including those whose political beliefs are contrary to the official position of the government.

Накопичувальне пенсійне забезпечення в системі трансформаційних пріоритетів післявоєнної відбудови України

The aim of the article is to disclose a systematic approach to the formation of mandatory accumulative pension provision on the basis of the object-subject approach in the coordinates of «effectiveness – risks». The system of mandatory accumulative pension provision is proposed to be considered as an aggregate of interrelated elements, in particular, such as: objects, subjects, tasks, principles, sources of financing and other components that ensure effectiveness and focus on achieving social and economic effect, taking into account the existing risks of external and internal nature. The main objective of such a system is specified, which is to accumulate a sufficient amount of pension contributions to ensure appropriate pension payments, taking into account the need to form investment income adjusted for the inflationary component, existing risks and restrictions on the placement of pension assets. It is noted that the accumulative mandatory pension provision in the conditions of wartime and post-war recovery of Ukraine should be considered as an element of the transformation of the pension system. The social effect is achieved in the form of accumulation of a supplement to the basic old-age pension for pensioners, which reflects the receipt of pension payments both immediately and in installments under the agreement and depends on the diversification of investments in cash on deposit pension accounts, assets in securities and other assets not prohibited by current legislation. It is expedient to consider the economic effect as a source of financing economic transformations through stock market instruments that activate the mobilization of financial resources for investment in various sectors of the economy. It is proposed to identify specific risks of accumulative pension provision, which include: operational, investment, risks of unbalanced liquidity; environmental, social and governance risks associated with the pension portfolio and its management, interest rate risk. Further research will be aimed at developing a conception for the development of pension provision in Ukraine in the post-war period, taking into account the legal, financial and organizational foundations for the introduction of mandatory accumulative pension provision.

Some legal aspects of prosecutor’s participation in cases of administrative offences during application of coercive measures related to restriction of personal freedom of citizens

The article deals with the legal characteristics of the prosecutor’s participation in cases of administrative offences during the application of coercive measures related to the restriction of the personal freedom of citizens.
 The legislation on administrative offences is analysed with relevant conclusions about those categories of cases, the consideration of which is impossible without the participation of a prosecutor.
 The attention is focused on the fact that the departmental acts of the Office of the Prosecutor General of Ukraine provide for mandatory provision for the participation of prosecutors in cases of administrative offences if coercive measures related to the restriction of personal freedom of citizens are applied.
 Parallels are drawn between the direct participation of a prosecutor in the consideration of cases of administrative offences and the prosecutor’s supervision of the relevant bodies that carry out the consideration of cases and apply coercive measures for administrative offences.
 The authors of the article also draw attention to the fact that the prosecutor’s supervision of compliance with the laws in administrative offence cases can be divided into two categories:
 
 Direct participation in the consideration of a case on the administrative offence;
 Supervision over the relevant bodies that review cases and apply coercive measures for administrative 
 
 The authors differentiate coercive measures related to the restriction of personal freedom of citizens, which are used in cases of administrative offences. In particular:
 
 The type of administrative sanction provided for in 24 of the Code of Ukraine on Administrative Offences (hereinafter – CUAO) [1, Art. 24] (for example, administrative arrest, arrest with military detention, forced (administrative) deportation outside Ukraine);
 The measure to ensure proceedings in cases of administrative offences, provided for in Art. 260 CUAO [1, 260] (for example, administrative detention).
 
 The article also draws attention to the conclusions of the European Court of Human Rights regarding the observance of the principle of impartiality in the absence of a prosecutor during proceedings in cases of administrative offences, etc.

Peran Baitul Mal dalam Pemungutan Zakat Profesi Notaris di Kota Langsa

If someone's professional income has met the mandatory zakat provisions, it is obligatory for him to pay zakat. The problem in this paper is how the role of Baitul Mal in collecting zakat profession, especially zakat from the notary profession in Langsa City and what are the obstacles in collecting zakat professionally. notary in Langsa City. And here the author wants to reveal the extent of the role of Baitul Mal in collecting zakat on notaries in Langsa City. This type of research is qualitative research. To collect the data needed in this study, the authors used Field Research, namely by using several data collection techniques, namely interviews and documentation. Based on the research that has been carried out at the Baitul Mal Kota Langsa office, the authors can conclude. So far, Baitul Mal Kota Langsa is still not optimal in socializing professional zakat to Notaries in Langsa City. So that there are still many who do not understand that they can channel their professional zakat to mustahiq zakat through the City Baitul Mall. However, so far, Baitul Mal has actually provided information and outreach to the public, but mostly in the form of lectures and billboards.

Invalidity of Contracts in Violation of Mandatory Provisions of Public Law: Judicial Practice in China

Researchers have always favored how mandatory provisions of public law affect the validity of contracts. After the implementation of China's Civil Law, how to recognize the invalidity of contracts that violate the mandatory provisions of public law has also been hotly debated by the theoretical and practical circles. From the perspective of the Civil Law, which fully respects the concept of private law autonomy, and from the perspective of assuming the validity of a contract as a prerequisite for the application of the law in practice, a contract that violates the mandatory provisions of public law shall, in principle, be presumed to be valid. In determining whether a contract that violates the mandatory provisions of laws and administrative regulations is null and void, it is necessary to carefully analyze whether the legislative purpose of the mandatory provisions will lead to the nullity of the contract, and at the same time, pay attention to the distinction between the mandatory provisions that result in the nullity of the contract and those that result in the contract not coming into effect, being of pending validity, or being voidable. Contracts that violate the mandatory provisions of local laws and regulations or administrative rules may be invalid because they violate public order and morals, but they are not invalid because they are "against the law".

지역사회 토지이용자의 지상물매수청구권에 관한 연구

The Article 23 of the Constitution is being prescribed with saying that “The property rights of all citizens shall be guaranteed, but their contents and limits shall be determined by law, and that the exercise of property rights shall be allowed to be appropriate for public welfare.” The fundamental purport of this regulation is being interpreted to be what the acceptance, use or restriction of property rights due to the public needs is exceptionally permitted only if the requirements prescribed by the Constitution are met while giving a guarantee to the free use, profit, and disposal of all citizens' property rights under the basic principle dubbed the guarantee of the private property system.
 By the way, as the mandatory provision with saying what is available for asking a landowner to buy at a certain price without removing or collecting the ground objects by land users given the expiration date after the use or profit in accordance with the agreement of the parties concerning the land of another person, it is being regarded as the formative right. However, in terms of applying and interpreting the Article 283 of the Civil Code by the person with superficies pertinent to the Right to Demand for the Ground Facilities Purchase, it is considered to be appropriate to see it as a case of corresponding to being below the minimum duration of the superficies in the Article 280 of the Civil Code according to the term of the contract of the parties.

Conscientious Leadership And Management Of Security Votes In Nigeria

Nigeria has been bedevilled with serious terrorist attacks, kidnappings, cybercrimes and a series of security challenges for over a decade. The Nigerian constitution makes provision for the allocation of state resources for the good and welfare of the citizens. The constitution also vests powers on the President and Governors to make judicious use of these state resources. One of these powers is the management of huge sums received by heads of the executive arm of government under the guise of security. A leader must lead the people in good conscience. This paper examined conscientious leadership challenges in managing security votes in Nigeria. The paper examined the reasons for the failure of successive governments in Nigeria to provide security for the citizens. The paper examined jurisdictions such as South Africa and Libya and drew lessons for Nigeria to adopt in finding a lasting solution to its current insecurity. The paper adopted the doctrinal methodology and suggested how to tackle the menace of insecurity. The paper finds that it is not the absence of laws but the political will to comply with the mandatory constitutional provision that would help resolve the insecurity challenges, among others.

BOARD RESIGNATION IMPACT ON LIMITED LIABILITY COMPANY GOING CONCERN: ABSENCE OF PROVISIONS

<p>In Indonesia, matters concerning limited liability companies is mainly governed by Law Number 40 of 2007 on Limited Liability Company (Companies Law). The Companies Law regulates all aspects from the formation of company until the dissolution of company along with the legal consequences. In forming a limited liability company, a company must be formed by 2 (two) or more people. This mandatory provision creates the practice of a limited liability company with 50-50 shareholder composition, especially for private company. Structurally, a limited liability company consists of General Meeting of Shareholders (GMS), the Board of Directors (BOD), and the Board of Commissioners (BOC). Both members of BOD and BOC serve the company with limited terms of office and shall be re-appointed by the GMS. In practice, there is a condition where the GMS fails to re-appoint or replace the BOD and BOC even when all the members of BOD and BOC’s terms of office have been ended. During this period, those members of BOD and BOC can no longer act on behalf the limited liability company. The possibility of such company facing such situation is quite high, especially if the company’s shareholder composition is 50-50. This research aims to discuss and analyse the BOD and BOC whose terms of office have ended without re-appointment or replacement by the GMS. The result shows that since the Companies Law has yet to regulate provision to overcome the described issue, this condition may endanger the operation and the existence of limited liability company. Consequently, the existing Company Law has to be amended to address the aforementioned issue.</p>

Provisions regarding organizational and social work environment and future sickness absence in Sweden

Abstract Background Sickness absence is high among healthcare employees in many European countries, including Sweden. In addition to physical workload, the importance of psychosocial work factors for this is emphasized. To promote a good psychosocial work environment, provisions on organisational and social work environment, mandatory to all work sectors, was launched in 2016 in Sweden. We compared sickness absence (SA) due to mental diagnoses two years before and two years after these provisions were introduced, among healthcare employees, employed by the municipality, the region, or private organisations. Methods Register microdata were used for analyses of all employees in the healthcare sector in Sweden in 2014 (N = 260,709) and in 2018 (N = 277,901). The odds ratios (OR) with 95% confidence intervals (CI) of new SA (in SA spells >14 days) and of long-term SA (>90 days) with a mental diagnosis in 2018 compared to 2014 were calculated, using logistic regression. Results The ORs of new SA and long-term SA with mental diagnoses among healthcare employees were somewhat higher in 2018 than in 2014 (OR = 1.14; 95% CI 1.11-1.17), (OR = 1.12; 1.07-1.17). The OR for the private sector for a new SA spell was 1.11; 1.02-1.19, and for the regional sector, OR 1.05; 1.01-1.08. The highest probability of long-term SA with mental diagnoses in 2018 compared to 2014 was found among employees in the municipal sector, OR 1.33, CI; 1.11-1.61, and in the private sector, OR 1.15, CI; 1.03-1.29. Discussion The mandatory provisions aim to promote good work environment and prevent risks of ill health due to organisational and social conditions at work. We observed a somewhat higher probability of SA with mental diagnoses two years after the provisions were introduced. SA due to mental diagnoses is influenced by many factors of which psychosocial work environment is only one part and maybe longer follow-ups are needed. Key messages • Sickness absence due to mental diagnoses among healthcare employees was somewhat higher two years after the introduction of an organisational and social work environment provision. • Many factors influence sickness absence with mental diagnoses; other factors and longer follow-ups are needed to gain knowledge on possible effects of the work environment provision.

Arbitrability of Data Protection Disputes: Personal Data, Personalized Justice?

Abstract This article explores the interplay between international arbitration and data subject compensation claims under the General Data Protection Regulation (GDPR). The analysis focuses on the validity and enforcement of arbitration agreements and the resulting awards. The article argues that despite potential skepticism, arbitration can offer significant benefits to data subjects, and that compensation claims under the GDPR should be considered arbitrable under the New York Convention and CJEU case law. The article further argues that EU courts have a duty to refer disputes to arbitration, and that the mandatory provisions of EU law have limited means of interfering with this duty. Furthermore, it establishes that the misapplication of GDPR provisions does not automatically justify the denial of arbitral award recognition. The article argues that this is a natural extension of trust traditionally shown to arbitrators, and that such trust should not be easily cast aside.

Consumer Jurisdiction and Choice of Law Rules in European and Chinese Private International Law

This article compares consumer jurisdiction and choice of law issues in China and the EU. It aims to answer the following questions. What is the notion of consumer? Are farmers, package travel tourists and timeshare tourists consumers? Are dual-purpose contracts consumer contracts? Is a consumer jurisdiction rule needed in China and if yes, under what ground and with what conditions? Is choice of court agreement in consumer contracts valid? How to limit the exercise of party autonomy and what role mandatory provisions may play? Shall consumer contract and tort claims be subject to the same applicable law? Based on a comparative analysis with European law, this article concludes that to improve cross-border consumer protection, China should reform its law to include package travel contracts and timeshare contracts into consumer contracts and determine the nature of dual-purpose contracts pursuant to their primary purpose. Moreover, the current limitation on party autonomy should be lifted by providing freedom to both parties and relying on mandatory provisions as a safety valve. The consumer choice of law rule and its interaction with the general contract choice of law and tort choice of law rule needs to be reexamined.

Overriding Mandatory Provisions in Insurance Law and the Conflict-of-laws Rules in the Motor Insurance Directive 2009/103/EC

This commentary concerns the judgement of 31.01.2019 in the case of Agostinho da Silva Martins (C-149/18), in which the CJEU ruled on the relation of the provisions contained in the Motor Insurance Directive 2009/103/EC of 16.09.2009 to EU conflict-of-laws rules contained in the Rome II Regulation on the law applicable to non-contractual obligations.